PROCEEDINGS OF THE BOARD OF

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PROCEEDINGS
OF THE
BOARD OF LEGISLATORS
OF
ALLEGANY COUNTY
NEW YORK
2009
Printed By
Book1One, Rochester, NY
CONTENTS
Officers of the Board .......................................................................................... III
Legislators .................................................................................................... IV
Standing Committees......................................................................................... V
County Officials ................................................................................................. VI
Members of Boards and Agencies .................................................................. VIII
Session Minutes:
January 5 (Organization Meeting) ............................................................ 1
January 12 ............................................................................................. 10
January 26 ............................................................................................. 28
February 6 .............................................................................................. 34
February 23 ............................................................................................ 42
March 9 .................................................................................................. 53
March 23 ................................................................................................ 64
April 13 ................................................................................................... 73
April 27 ................................................................................................... 83
May 11 ................................................................................................... 95
May 26 ................................................................................................. 103
June 8 .................................................................................................. 112
June 22 ................................................................................................ 123
July 13 .................................................................................................. 139
July 22 .................................................................................................. 145
August 10 ............................................................................................. 153
August 24 ............................................................................................. 162
September 14....................................................................................... 184
September 28....................................................................................... 201
October 13 ........................................................................................... 214
October 26 ........................................................................................... 227
November 9 ......................................................................................... 238
November 12 (Budget Hearing) ........................................................... 247
November 23........................................................................................ 251
December 14........................................................................................ 264
December 28........................................................................................ 293
Certification for Printing Journal ...................................................................... 320
Annual Reports ............................................................................................... 321
Mortgage Tax Apportionment Tables .............................................................. 393
Workers' Compensation Budget & Cost Apportionment ................................. 395
Legislators' Compensation Table .................................................................... 397
Tax Tables .................................................................................................. 398
Towns:
Salaries of Officers ............................................................................... 402
Summaries of Budgets ......................................................................... 403
County Budget ................................................................................................ 410
General Index ................................................................................................. 480
Numerical Listing of Resolutions ..................................................................... 512
II
OFFICERS OF THE BOARD
CURTIS W. CRANDALL, Chairman
Belfast, New York
JOHN E. MARGESON, County Administrator
Scio, New York
BRENDA RIGBY RIEHLE, Clerk of the Board
Belmont, New York
ADELE FINNEMORE, Journal Clerk & Deputy Clerk
Scio, New York
III
ALLEGANY COUNTY BOARD OF LEGISLATORS FOR 2009
DISTRICT I
Curtis W. Crandall (R) (Chairman) ............................................................. Belfast
Theodore L. Hopkins (R).......................................................................... Fillmore
David T. Pullen, Esq. (R) ......................................................................... Fillmore
DISTRICT II
Karl D. Kruger (R) ................................................................................ Friendship
Ronald B. Truax (R) ..................................................................................... Cuba
Norman G. Ungermann, Jr. (R) .................................................................... Cuba
DISTRICT III
Glenn R. Benson (R)............................................................................ Whitesville
William G. Dibble (R) (Majority Leader) ......................................... Little Genesee
Dwight R. Fanton (R) ............................................................................. Wellsville
DISTRICT IV
Michael J. McCormick (D) (Minority Leader) ............................................Andover
Timothy J. O’Grady (R) .......................................................................... Wellsville
Daniel Russo (R) .................................................................................. Wellsville
DISTRICT V
Douglas D. Burdick (R) ................................................................... Alfred Station
William M. Hall (R) (Emergency Interim Successor) ................................... Alfred
Brent L. Reynolds (R) (Vice Chairman)........................................... Alfred Station
(R) - Republican
(D) - Democrat
IV
STANDING COMMITTEES
1.
COURT FACILITIES AND COUNTY SPACE NEEDS:
Pullen, Hall, Benson, Fanton, Hopkins, O’Grady
2.
HUMAN SERVICES:
Truax, Russo, Burdick, Dibble, Kruger, Reynolds
3.
PERSONNEL:
Hall, Burdick, Benson, Fanton, Pullen, Russo, Ungermann
Special Negotiations Ad Hoc Committee:
(Sub-Committee of Personnel; Liaison between the County’s Negotiating
Team and the Personnel Committee)
Pullen, O’Grady, Russo
4.
PUBLIC SAFETY:
Dibble, Benson, Burdick, Kruger, McCormick, Reynolds
5.
PUBLIC WORKS:
Fanton, O’Grady, Hopkins, McCormick, Reynolds, Ungermann
6.
WAYS & MEANS:
Reynolds, Hopkins, Dibble, Fanton, Hall, McCormick, Pullen,
Truax
Special – Budget Committee: (Sub-Committee of Ways & Means)
Hopkins, Fanton, Dibble, Hall, O’Grady
(Chairman and Vice Chairman for each committee are listed first and second,
respectively.)
V
COUNTY OFFICIALS OF ALLEGANY COUNTY FOR 2009
Aging, Office for the, Director .......................................................................... Kimberley Toot
Board of Legislators, Chairman .................................................................. Curtis W. Crandall
Board of Legislators, Clerk of the Board ..................................................Brenda Rigby Riehle
Community Services Agency Director ..................................................... Robert W. Anderson
Coroners ................................................................................................ Maynard (Bud) Baker
.................................................................................................... Theodore E. Crowell
................................................................................................................. Mark Rinker
...................................................................................................... L. Herbert Williams
County Administrator .................................................................................. John E. Margeson
County Attorney ............................................................................................ Thomas A. Miner
1st Assistant County Attorney .............................................................. Leslie J. Haggstrom
2nd Assistant County Attorney ................................................................ Carissa M. Knapp
3rd Assistant County Attorney ..................................................................... Nora K. Carnes
County Clerk ............................................................................................ Robert L. Christman
Deputy County Clerk .................................................................................... Linda K. Healy
Deputy County Clerk II ................................................................................ Kristina K. Stoll
Deputy County Clerk III-DMV ............................................................. Michael D. Hennessy
County Historian ............................................................................................. Craig R. Braack
County Treasurer................................................................................................. Terri L. Ross
Deputy County Treasurer ..........................................................................Joseph Budinger
Courts: County, Family, Supreme, & Surrogate Courts
Judge (Senior) ........................................................................................... James E. Euken
Judge ...................................................................................................... Thomas P. Brown
Chief Clerk, County & Supreme Courts ..................... Kathleen C. Johnson (Retired 04/09)
Chief Clerk, County & Supreme Courts ...................... Laura H. Gabler (Effective 09/17/09)
Chief Clerk, Family Court ......................................................................... Kathryn Brownell
Chief Clerk, Surrogate Court ................................ Karen Harkenrider (Deceased 05/07/09)
Chief Clerk, Surrogate Court ................................ Dawn Wildrick-Cole (Effective 10/01/09)
Development, Office of, Director.........................................................................John E. Foels
District Attorney ......................................................................................... Terrence M. Parker
1st Assistant District Attorney .......................................................................... Keith A. Slep
2nd & 5th Assistant District Attorney .......................................................... Amanda B. Finn
3rd Assistant District Attorney ................................................................. Andrew J. Cornell
4th Assistant District Attorney ..................................................................... Michael B. Finn
Elections Commissioners .................................................................. John (Jack) Colligan (D)
..................................................................................................... Elaine Herdman (R)
VI
Emergency Services Director .......................................................................... John C. Tucker
Employment & Training Director .......................................................................Jerry Garmong
Fire Coordinator................................................................................................ Paul Gallmann
Health Department Director ......................................................................... Loreen Ballengee
Human Resources & Civil Service, Personnel Officer ..................................... Ellen A. Ruckle
Industrial Development Agency Director ............................................................John E. Foels
Information Technology Director................................................................ Deborah M. Button
Maintenance Supervisor ............................................................................. Dennis L. Dunham
Probation Director.................................................................David Sirianni (Retired 03/28/09)
............................................................................ Robert Starks (Appointed 03/28/09)
Public Defender ............................................................................................ Barbara J. Kelley
Assistant Public Defender .......................................................................... Patricia Fogarty
Public Works Superintendent ............................................................................ David Roeske
Deputy Superintendent I........................................................................... John J. Mancuso
Deputy Superintendent II............................................................................... Guy R. James
Real Property Tax Service Agency Director ............................................... Steven G. Presutti
Sheriff .................................................................................................... William R. Tompkins
Undersheriff ....................................................................................... William F. Goetschius
Social Services Commissioner ...................................................................Patricia Schmelzer
STOP DWI Program Coordinator .................................... Deborah Aumick (Retired 03/31/09)
.......................................................................... Linda Edwards (Appointed 09/14/09)
Veterans' Service Agency Director ................................................................ H. Scott Spillane
Weights & Measures Director .........................................................................Gilbert E. Green
Workers' Compensation (Mutual Self-Insurance Plan) Executive Secretary .... Douglas Dillon
Youth Bureau Program Director ...................................... Deborah Aumick (Retired 03/31/09)
.......................................................................... Linda Edwards (Appointed 09/14/09)
VII
MEMBERS OF BOARDS AND AGENCIES SERVING IN 2009
ACCORD CORPORATION, BOARD OF DIRECTORS
Cindy Chamberlain, Belmont
William Hall, Alfred
Ross Litchner, Rushford
Mary McCumiskey, Belfast
Joan Sinclair, Scio
Ronald Stuck, Friendship
Kimberley Toot, Wellsville
AGING, CITIZENS ADVISORY COUNCIL
Beverly Armstrong, Wellsville
Douglas Burdick, Alfred Station
William Emrick, Scio
Keith Folts, Fillmore
Beverly Grantier, Wellsville
Wallace Higgins, Alfred Station
Jean MacMurray, Wellsville
Mona Pettit, Cuba
David Pullen, Fillmore
Robert Riber, Alfred Station
Nancy Rouse, Scio
Reita Sobeck-Lynch, Wellsville
Jean Switalski, Cuba
AGRICULTURAL AND FARMLAND PROTECTION BOARD
Rodney Bennett, Dalton
Theodore Hopkins, Fillmore
Tom Kent, Andover
Thomas Parmenter, Fillmore
Jack Potter, Scio
Steven Presutti, Belmont
Kevin Redman, Fillmore
Andrew Zalar, Fillmore
COMMUNITY SERVICES BOARD
Kathy Bentley, Andover
Sandra P. Blake, Houghton
Linda Edwards, Houghton
Cathy Freytag, Houghton
Sharon Hibbard, Belfast
Edna Howard, PhD, Belfast
Shirley Lyon-Bentley, Wellsville
Brent L. Reynolds, Alfred Station
Judith E. Samber, Alfred
Ronald Truax, Cuba
CORNELL UNIVERSITY COOPERATIVE EXTENSION, BOARD OF DIRECTORS
Lucy Benson, Allegany
Wendy Bourgeois, Hinsdale
John Carter, Olean
Rich Hoffman, Alfred Station
Ira Katzenstein, Olean
Pete MacDonald, Scio
Deb Nichols, Cattaraugus
David Pullen, Fillmore
Patricia Schmelzer, Belmont
Theresa Schueckler, Cuba
CROSSROADS DEVELOPMENT ADVISORY COMMITTEE
Curtis W. Crandall
Charles Jessup
John E. Margeson
Thomas A. Miner
Brent L. Reynolds
Ex-officio Members:
John Foels (Director, Development and Industrial Development Agency)
David Roeske (Superintendent, Public Works)
Daniel Spitzer (Attorney for Industrial Development Agency)
VIII
DEVELOPMENT ADVISORY BOARD
Zena Andrus, Friendship
Craig Braack, Belmont
Deborah Clark, Alfred
Linda Clayson, Belmont
John Corneby, Whitesville
Barbara Deming, Cuba
Raymond DeTine, Belmont
Gretchen Gary, Belmont
Gretchen Hanchett, Belmont
William Hart, Wellsville
Steve Havey, Wellsville
Frederic Marks, Almond
William Shuler, Cuba
Fred Sinclair, Scio
FIRE ADVISORY BOARD
Alfred – Richard Hoffman, Jr.
Alfred Station – Judson Stearns, Jr.
Allentown – Robert Prior
Almond – Bryan Snyder
Andover – Ed Sackett
Angelica – Richard Sortore
Belfast – David Jennings
Belmont – Brandon LaValley
Bolivar – Terry Richardson
Canaseraga – Donald VanSkiver
Cuba – Robert Lester
Fillmore – Gerald Gayford
Friendship – Wes Sortore
New Hudson – David Vogel, Sr.
Richburg – Daniel Barkley, Jr.
Rushford – Dan Metcalf
Short Tract – Jeff Luckey
Wellsville – David Sweet
Whitesville – Larry Erdmann
Willing – LeRoy Ives
Wiscoy-Rossburg – Alan Mills
FISH & WILDLIFE MANAGEMENT BOARD
Dwight Fanton, Wellsville, Legislative Representative
Douglas Burdick, Alfred Station, Alt. Legislative Representative
Gilbert Childs, Richburg, Sportsmen's Representative
John Lewis, Wellsville, Alt. Sportsmen’s Representative
Phil May, Wellsville, Landowner Representative
Richard Lorow, Almond, Alternate Landowner Representative
FOREST PRACTICE BOARD
Rodney K. Bennett, Dalton
Karl D. Kruger, Friendship
FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY
ADMINISTRATIVE BOARD
Deborah Clark, Wellsville
Jody Collins, Cuba
Michael J. Doyle, Cuba
Robert C. Ellis, Belmont
Darwin Fanton, Wellsville
Marcia Habberfield, Scio
Kevin LaForge, Wellsville
Susan Myers, Friendship
Jerry Scott, Cuba
Ronald A. Stuck, Friendship
Ronald B. Truax, Cuba
William Zacher, Friendship
IX
HEALTH, BOARD OF
Leo Cusumano, MD, Cuba
Rajan Gulati, Cuba
Sherry Herdman, Angelica
Timothy LaFever, W. Clarksville
Ronald Truax, Cuba
INDUSTRIAL DEVELOPMENT AGENCY
David Crowley, Cuba
Charles Jessup, Alfred Station
PLANNING BOARD
Clifford Ackley, Wellsville
Wendall Brown, Scio
Robert Ellis, Belmont
Aaron Dale Foster, Andover
Lee Gridley, Wellsville
James Ninos, Alfred
Valerie Perkins, Caneadea
Ex-officio Members:
Brent Reynolds, Alfred Station (Chairman, Ways & Means Committee)
David Roeske, Wellsville (Superintendent, Public Works)
Terri Ross, Angelica (County Treasurer)
RESOURCE CONSERVATION AND DEVELOPMENT BOARD
Gretchen Gary, Belmont, County Rep.
Thomas Parmenter, Fillmore, At Large
Ronald Stuck, Friendship, County Alt.
Norman Ungermann, Jr., Cuba, Legis. Mbr.
SOIL & WATER CONSERVATION DISTRICT, BOARD OF DIRECTORS
Theodore Hopkins, Fillmore, Legis. Mbr.
Phil May, Wellsville
Michael McCormick, Andover, Legis. Mbr.
Curtis Rung, Friendship
SOUTHERN TIER WEST REGIONAL PLANNING & DEVELOPMENT BOARD
John E. Margeson, Scio
Susan F. Myers, Friendship
Brent Reynolds, Alfred Station
Jerry Scott, Cuba
Ex-officio Members:
Curtis W. Crandall, Belfast (Chairman, Board of Legislators)
David Roeske, Wellsville (Superintendent, Public Works)
Ronald Stuck, Friendship (Chairman, Planning Board)
X
TOURISM, CITIZENS ADVISORY COMMITTEE
Donald Cameron, Alfred Station
Elaine Hardman, Wellsville
Lee James, Cuba
Joel Kassirer, Angelica
Larry Short, Belfast
Craig Smith, Fillmore
Marie Willard, Caneadea
TRAFFIC SAFETY BOARD
Susan Belmont, Andover
Kevin E. Demick, Angelica
Ann Feuchter, Cuba
Gary Fries, Cuba
Guy R. James, Scio
Jimmy Joyce, Wellsville
Steve Mattison, Wellsville
Ray M. Parlett, Houghton
David S. Roeske, Wellsville
Melinda Rounds, Alfred
Dawn Santangelo, Cuba
Charles Stout, Whitesville
Shawn Whitney, Cuba
John Zlomek, Belmont
Ex-Officio Member: William Tompkins, Belmont (Sheriff)
WORKFORCE INVESTMENT BOARD, CATTARAUGUS-ALLEGANY
Cesar Cabrera
Carrie Childs
Karen Comstock
Mary Coss
Steve Crowley
Stephen Foster
Jodi Fuller
Phil Ghent
Donald Giardini
Sherry Grugel
Jesse Gugino
Bob Halady
Mike Hendrix
Christina John
Charles Kalthoff
Karen Knight
Linda Kolodziejski
John Margeson
Brad Monroe
Chris Napoleon
Kathleen Premo
Hobart Rhinehart
Theresa Schueckler
Jack Searles
Linda Spaulding
John Stevens
Bradley Walters
YOUTH BOARD
Patrick Barry, Wellsville
James Cross, Cuba
Ralph Eastlack, Wellsville
Stacy Edwards, Houghton
Jack Emrick, Scio
Janet Gacjewski, Rushford
Michele Henry, Wellsville
Edna Kayes, Alfred
Kathy Morris, Cuba
Susan Myers, Friendship
Gary Ostrower, Alfred
Sherry Weirich, Scio
Vicky Westacott, Alfred
XI
1
BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 5, 2009
ORGANIZATION MEETING - JANUARY 5, 2009
CALL TO ORDER: The organization meeting of the Board of Legislators was called to order
at 2:00 p.m. by Clerk of the Board Brenda Rigby Riehle.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge was led by U.S. Army Specialist
Joshua Morton.
INVOCATION: Legislator Pullen.
ROLL CALL: 15 Present; 0 Absent.
RESOLUTIONS:
RESOLUTION NO. 1-09
REAPPOINTMENT OF LEGISLATOR CURTIS W. CRANDALL TO
CHAIRMANSHIP OF BOARD OF LEGISLATORS;
AUTHORITY TO DETERMINE NUMBER OF BOARD MEMBERS ON COMMITTEES
Offered by: Legislator Theodore Hopkins
Pursuant to County Law § 450
RESOLVED:
1.
That Legislator Curtis W. Crandall is reappointed Chairman of this Board of
Legislators, with term of office commencing immediately and expiring December 31, 2009.
2.
That said Chairman is authorized to determine the number of Board members
to serve on each of the standing and special committees of this Board which have been or
may be established by this Board.
Moved by: Mr. Hopkins
Seconded by: Mr. Pullen
Adopted: Voice Vote
Opposed: Kruger
OATH OF OFFICE ADMINISTERED:
Judge James Euken administered the Oath of Office to Chairman Curtis W. Crandall,
who was accompanied by his wife, Cathy, following adoption of Resolution No. 1-09.
Chairman Crandall assumed leadership of the meeting.
RESOLUTION NO. 2-09
APPOINTMENT OF VICE CHAIRMAN
Offered by: Legislator William M. Hall
Pursuant to Rule 70 of County Board Rules as enacted by Resolution No. 77-89
RESOLVED:
1.
That Legislator Brent L. Reynolds is appointed Vice Chairman of this Board of
Legislators to act pursuant to, and during the designated time periods specified in, County
Board Rules.
2
2009 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS
Moved by: Mr. Hall
Seconded by: Mr. Fanton
Adopted: Voice Vote
OATHS OF OFFICE ADMINISTERED:
Judge James Euken administered the Oath of Office to Vice Chairman Brent
Reynolds, who was accompanied by his daughter, Kalee, following adoption of Resolution
No. 2-09.
Judge Euken administered the Oath of Office to Election Commissioner Elaine
Herdman, who was accompanied by her grandson, Wyatt Herdman.
RESOLUTION NO. 3-09
RESOLUTION DIRECTING THE SEQRA REVIEW OF THE COURT FACILITIES PLAN
AND COUNTY OFFICE NEEDS PLAN
Offered by: Ways and Means Committee
RESOLVED:
1.
That pursuant to the New York State Environmental Quality Review Act
Allegany County shall undertake an environmental review of the proposed court
facilities/county office needs project.
2.
review.
That Allegany County shall act as lead agency in conducting the environmental
3.
That the Allegany County Administrator is directed to prepare the appropriate
Environmental Assessment Form for consideration and action of the entire Board of
Legislators.
Moved by: Mr. Reynolds
Adopted: Roll Call
12 Ayes, 3 Noes, 0 Absent
Voting No: Kruger, Truax, Ungermann
APPOINTMENTS:
The Clerk of the Board announced that Chairman Crandall has made the following
appointments:
CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD (Appointed
jointly with Crystal Abers, Chairman of the Cattaraugus County Legislature, for a threeyear term expiring December 31, 2011):
John Stevens
Chris Napoleon
Kathleen Premo
Phil Ghent
Cesar Cabrera
Mike Hendrix
CORNELL UNIVERSITY COOPERATIVE EXTENSION OF ALLEGANY COUNTY,
LEGISLATIVE REPRESENTATIVE MEMBER (Recommendation by Chairman
Crandall to their Board of Directors, for a one-year term):
David T. Pullen, Fillmore
COMPREHENSIVE PLAN IMPLEMENTATION GROUP (To serve at the pleasure of
the Chairman, pursuant to Resolution No. 125-08):
3
Frederick Sinclair, Scio
Edward Eicher, Wellsville
Theodore L. Hopkins, Fillmore
Ex-Officio Members:
Curtis W. Crandall, Chairman of the Board
John E. Margeson, County Administrator
John E. Foels, Development Director
CROSSROADS DEVELOPMENT ADVISORY COMMITTEE (To serve at the pleasure
of the Chairman):
Curtis W. Crandall, Chairman of the Board
Brent L. Reynolds, Chairman of Ways and Means Committee
Thomas A. Miner, County Attorney
Charles Jessup, Chairman of IDA
Ex-Officio Members:
John E. Foels, Development Director/IDA Director
David Roeske, Superintendent of Public Works
Daniel A. Spitzer, Attorney for the IDA
EMERGENCY INTERIM SUCCESSOR (To serve at the pleasure of the Chairman):
William M. Hall, Alfred
OFFICE OF EMERGENCY SERVICES, DIRECTOR (To serve at the pleasure of the
Chairman, in accordance with the provisions of applicable law):
John C. Tucker, Belmont
FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY ADMINISTRATIVE BOARD
(To serve at the pleasure of the Chairman, pursuant to Local Law No. 2-94. Ronald
Truax, as an officer of Allegany County government, will serve as Chairman of the
Friendship Empire Zone of Allegany County Administrative Board):
Jody Collins, Cuba
Robert C. Ellis, Belmont
Darwin Fanton, Wellsville
Marcia Habberfield, Scio
Jerry Scott, Cuba
Ronald Truax, Cuba
Deborah Clark, Wellsville
Michael J. Doyle, Cuba
William Zacher, Friendship
Susan F. Myers, Friendship
INTER-COUNTY ASSOCIATION OF COUNTY LEGISLATIVE BODIES
WESTERN NEW YORK, INC. (To serve at the pleasure of the Chairman):
Voting Members:
Glenn R. Benson, Whitesville
William G. Dibble, Little Genesee
Brenda Rigby Riehle, Belmont
Alternate Voting Members:
Timothy O’Grady, Wellsville
David T. Pullen, Fillmore
OF
MERCY FLIGHT CIVIC ADVISORY COMMITTEE (To serve at the pleasure of the
Chairman):
Christine Johnson, Angelica
4
REGION 9 OPEN SPACE ADVISORY COMMITTEE (To serve at the pleasure of the
Chairman):
H. Kier Dirlam, Angelica
RESOURCE CONSERVATION AND DEVELOPMENT BOARD (To serve at the
pleasure of the Chairman):
County Representative Member:
Gretchen T. Gary, Belfast
County Alternate: Ronald A. Stuck, Friendship
Legislative Member:
Norman G. Ungermann, Jr., Cuba
Member at Large:
SOLID WASTE HEARING BOARD (To serve at the pleasure of the Chairman,
pursuant to Resolution No. 211-04 and Local Law No. 3-04):
Dwight R. Fanton, Chairman of Public Works Committee
Daniel Russo, District IV Legislator
William G. Dibble, District III Legislator
Alternates:
Michael J. McCormick, District IV Legislator
Douglas D. Burdick, District V Legislator
SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED
(STOP DWI), COORDINATOR (To serve at the pleasure of the Chairman, pursuant to
Vehicle and Traffic Law Section 1197 and Resolution No. 29-82):
Deborah Aumick, Rushford
ALLEGANY COUNTY TRANSPORTATION TASK FORCE (To serve at the pleasure
of the Chairman):
William G. Dibble, Little Genesee
William M. Hall, Alfred
The Clerk of the Board announced that Chairman Crandall has made the following
appointments, all of which are subject to confirmation by the Board of Legislators:
CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING (Three-year
term expiring December 31, 2011):
Nancy Rouse, Scio
Robert Riber, Alfred Station
ALLEGANY COUNTY PLANNING BOARD (Three-year term expiring December 31,
2011):
District II:
Robert Ellis, Belmont
District III:
Wendall Brown, Scio
District IV:
District V:
James E. Ninos, Alfred
Ex-Officio Members (Annual Appointment):
David Roeske, Superintendent of Public Works, Wellsville
Terri L. Ross, County Treasurer, Angelica
Brent L. Reynolds, Ways & Means Committee Chairman, Alfred Station
5
VETERANS’ SERVICE AGENCY, DIRECTOR:
Harvey Scott Spillane, Wellsville
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
1.
Communication was received from the Republican Party members of the
Allegany County Board of Legislators recommending that William G. Dibble, District III
Legislator, be designated by the Chairman of said Board as Majority Leader for 2009.
2.
Communication was received from the Democratic Party member of the
Allegany County Board of Legislators recommending that Michael J. McCormick, District IV
Legislator, be designated by the Chairman of said Board as Minority Leader for 2009.
3.
Notice was given that any legislator wishing to attend the NYSAC Conference in
Albany from February 9 through 11 should notify the Clerk of the Board as soon as possible.
4.
There will be a special Committee of the Whole meeting at 1:30 p.m. on
Monday, January 12, 2009, for the purpose of conducting a SEQR Environmental Review
relative to the Court Facilities Project.
CHAIRMAN’S STATEMENT:
“I would like to start my message by humbly thanking my colleagues for selecting me as
Chairman of the Allegany County Board of Legislators. It is both an honor and a privilege to
serve in this capacity, and it is a position that I accept with utmost sincerity. Once again, I
promise to do all I can to help this Board of Legislators not just meet, but exceed the
responsibilities each of us pledged when we took office. It is a pleasure to serve and work
with each member of this Board.
On behalf of the Allegany County Board of Legislators, there are some thanks and
acknowledgements due.
I would like to thank our County Administrator John Margeson for the overall management of
County operations, and Clerk of the Board Brenda Riehle for her organizational skills in
helping us prepare, conduct, and record our Legislative meetings, along with her able staff.
I would also like to acknowledge and thank all Department Heads and County Employees for
their dedication and expertise in meeting the constant demands and challenges of County
government. The responsibility of delivering the proper human services, public safety,
infrastructure, health, and cultural needs to our citizens, not to mention addressing the
mandated demands that are placed on us and balancing these needs in a budget conscious
manner for Allegany County residents, is no small task. You handle this responsibility very
well.
Acknowledgment and appreciation is also due to all of the citizens who travel, meet,
volunteer, and lend their expertise and assistance on a regular basis to our advisory boards,
committees, councils, and just plain help out. Hundreds of Allegany County’s finest people
devote themselves to causes that help make our community a better place to live. I sincerely
thank all our volunteers. This appreciation and thank you would also extend to the men and
women in our Volunteer Fire and Rescue units. Nothing could be said to properly express
our sincere appreciation for your service.
To our elected officials, not only in County government, but also our representatives on the
state and federal level, thank you for your efforts and what you do for Allegany County as
well.
6
Here we are, starting our fourth year together, the last year before the whole Board once
again participates in the election process, a process in which the citizens of the County are
asked to do their civic duty and elect the next Board of Legislators. Some of us will choose
not to run for another term, others will gladly enter the race. As we begin the last leg of this
four-year term, I would like to reflect on a few projects and challenges this Board has, and is,
dealing with, and see where we stand. To only report on what has happened in 2008 and
project into 2009 and not look at our full term, I believe would be difficult, and not give an
accurate picture.
In year one together, 2006, we were honored to be sitting in these seats as Allegany County
celebrated our bicentennial, an easy and rewarding task, a true historical event in which we
were able to take part in the many festivities with our friends and neighbors. This was a
pleasurable and less intimidating responsibility than some others that would soon come
along.
That same year, we cut the ribbon and opened the new Jail and Public Safety Facility. This
project was initiated before two-thirds of this Board took office, but we were the first Board
charged with the operation of the facility, a project that has proven to go as planned, with
revenues from housing-in prisoners covering the cost of the debt service of $1.6 million
annually for the facility. This has been achieved under the fine leadership of Sheriff William
Tompkins, who also took office in 2006, and the able staff under his command. The Sheriff
has recently added some hands-on programs, which shed some proactive, positive publicity
on Allegany County with his Inmate Gardening Program and Inmate Pheasant Release
Program. Thank you, Sheriff Tompkins.
Medicaid’s local share was “capped” at $8.5 million. It still grows, but at a lesser rate, and is
now over $9 million for 2009. It remains a major player in our local tax effort and a subject
that still weighs heavily between the counties and New York State.
Our first year marked the year that the finances for the County had truly ended with a fund
balance that put us in the black and brought us out of the budget deficits the County had
seen in the past. Allegany County had reached a deficit of close to $4 million a couple years
before we took office, and the deficit was at $900,000 when we began in 2006.
Today, by keeping the financial plan on track and by working and monitoring the budget yearround, our fund balance is close to $3 million to the good, and it appears that when the books
are closed and audited for 2008, we will once again end the year in the black and add to
those fund balances. The County Treasurer Terri Ross is to be commended with her ongoing
efforts in helping the Budget Committee monitor and understand our financials and anticipate
the proper moves and adjustments to make. This monitoring will be more important than
ever in 2009 as we face the yet unknown financial impact from New York State and the
federal government.
The New York State Executive Budget from Governor Paterson has two parts. The first calls
for a $1.7 billion deficit reduction in the 2008-2009 budget. The Governor is asking the State
Legislature to close this gap by February 1 of this year, and has laid out plans on how he
feels this can be accomplished.
The second part of Governor Paterson’s plan forecasts a $13.7 billion deficit for the 2009–
2010 state budget, and the Governor is asking the Legislature to address this by March 1 of
this year. To do this he is proposing $9.5 billion in cuts and $4.9 billion in revenue actions.
The Governor is only part of the financial equation of the budget in New York State; the other
factors are the Assembly and the Senate. However this plays out, it is certain to have an
impact on Allegany County and the services we provide. The common cry from counties
across New York to Albany, and one that I share, is, Do not just reduce state funding to
7
programs that we are required to provide and shift the tax burden to the local level; New York
needs to take a serious look at the programs. To plagiarize a phrase from a NYSAC (New
York State Association of Counties) meeting in Niagara Falls this past fall, that is quite
meaningful when you stop and think about it, I quote, “New York State cannot afford to let a
good financial crisis go to waste.” In other words, New York, let’s take advantage of the
financial times and reduce state government, which surely would trickle down to the local
level. Bring New York into line with other states and let’s be competitive.
We had barely begun our term in office together when we received a visit from the Office of
Court Administration and their “fix it or else” message of June 2006. Having to concentrate
efforts in complying with requirements laid out in state legislation back in 1987 under the
Court Facilities Plan Act, since it had not been properly addressed before our term began,
has been a challenge and frustrating to say the least. Our Board Rules were changed and a
special committee was established to devote the proper time and resources necessary for
this project. I have made clear my position on the subject, and in the near future, I hope that
this requirement can be put behind us and equal effort can be spent on other ventures.
When the roll-call vote is taken to fund this project, I remain confident that this Board of
Legislators will make the right decision. Like other major projects Allegany County has dealt
with, this will be behind us, and will be another benchmark in the timeline of our County’s
history. An interesting twist to this project may be the stimulus-funding program that is being
worked on. Could this project qualify? We will see.
Looking on the brighter side of the Court Facilities and Space Needs Committee and the
“silver lining” (pun intended) to some of their work is the plan to improve the physical location
and workspace needs of the Office for the Aging. After looking at several options, the
committee has laid out plans to increase accessibility to this department, along with our
Veterans’ Service Agency, in anticipation of, and just in time for, the much-publicized “Baby
Boom Wave” of retirees. Kim Toot, Director of the Office for the Aging, and her staff have
done well with what they have had, and we all look forward to the new, and past due,
improvements to this department and the benefits they will have on our Seniors and
Veterans.
Another looming issue to deal with, whose time is limited, is our Landfill. This will soon be full
and alternative methods are needed now. Our Public Works Department has done an
excellent job in outlining and narrowing down our options. The time for hard decisions has
come, and I feel these decisions should be shouldered by this Board, and not let them carry
over to the next.
Sustainable Economic Development Projects. At our first official meeting, the Organization
Meeting of 2006, I stated Economic Development as a goal I had for this Board. I am proud
to say that in a couple of short years, and despite efforts being focused on other unplanned,
mandated projects, this development friendly Board has made strides that others, who have
served before us, just talked about.
Each member of this Board of Legislators is to be commended for his part in the adoption of
Allegany County’s first Comprehensive Plan in 2008. Under the able direction of Charles
Jessup, the Comprehensive Plan Committee delivered a collective vision for the development
of Allegany County, not only in record time, but also on a shoestring budget. The quality of
the plan can be compared to, and stand up to, plans that cost hundreds of thousands of
dollars.
A plan that sits on a shelf in a three-ring binder, and is not utilized, is worthless; therefore,
after the adoption of the plan, the Board authorized the Allegany County Comprehensive Plan
Implementation Group to jump-start the plan.
8
Some of the goals outlined in the Comprehensive Plan were implemented and under way
before the plan was officially adopted, such as the successful launch of the Greater Allegany
County Chamber of Commerce. The new County-wide Chamber has a complete board of
directors and full slate of officers, with Brian Loucks as President. This will give us Countywide focus for the business community. We certainly wish the Chamber well, and as the
Board of Legislators, we should do all we can to promote this organization and contribute to
their success.
To address public transportation for Allegany County, the Transportation Task Force was
created to completely review and restructure important components of this service so it
properly meets the needs of our citizens in a fiscally responsible manner.
In 2006, when we began, development of what is known as the Crossroads Project was in its
early talking stage. This Board has taken the project to “shovel ready” with engineering and
municipal agreements in place and lacking only the funds needed and official approval to
proceed. I would like to thank the Town of Friendship for their shared vision and partnership
on this project. An interesting footnote may be able to be added to the history of this project
as well. “Shovel-ready, sustainable, economic development projects” is a term used to
describe the type of projects the proposed “Stimulus Package” is looking for. Is Allegany
County at the right time and place for a financial break in the way of development? Time will
tell on this also.
There is so much going on in the way of economic development and yet so much to do. Main
Street Redevelopment Projects are going on around the County, with Belmont’s Fountain
Arts Project, Cuba’s “Restore New York” grant for the Keller Theater, Wellsville’s surging
Creative Arts Center, and the huge investment made in the restoration of Howe Library.
In Angelica a large investment in green energy was made with the landfill/methane electrical
generation plant now tied into the electrical grid.
We have seen continued investment and steady employment within our collective business
sectors. Alstom Power has completed their $20 million expansion and has exceeded their
projected new employment objectives. Friendship Dairies, now part of Dean Foods of Dallas,
Texas, embarked on a multi-million dollar expansion and is also creating new employment
opportunities.
I am in constant contact with Director of Development John Foels, and I wish to thank John
for the work he does. Many times this is a behind-the-scenes position with front-page results,
and the work being done today may not show up and be news for several months or years to
come.
The work being done at the quote, “new,” Crossroads Development Center should be
acknowledged. The acquisition of the facility by the IDA along with the support necessary by
the Houghton Foundation is why I use the term “new.”
Since the purchase, IDA has begun plans for the first phase of expansion, which includes
room for Senior and Veterans’ Services that I referenced earlier, in addition to its existing
one-stop center for business services, which now includes the Southern Tier Office for
Empire State Development. To have an office of Empire State Development located within
our County is truly a great asset. This is New York State’s lead economic development
agency whose mission is to start-up, re-locate, expand, and retain business in New York.
I remain confident and optimistic for the future of Allegany County.
I will close with a comment I made in 2007, since this has been a blend of both looking back
and looking forward, and I believe it to be an accurate statement, maybe more so today than
9
in 2007. The statement is this: Our terms as legislators will certainly add an interesting
chapter to the history book of Allegany County; it will be a good, positive chapter. This Board
of Legislators has been handed some major issues and events to deal with. I believe it was
for a reason – because we can deal with them.
Thank You.”
Curt Crandall, Chairman
Allegany County Board of Legislators
Chairman Crandall distributed copies of his assignments to the STANDING
COMMITTEES OF THE BOARD OF LEGISLATORS. (Assignments are as follows;
Chairmen and Vice Chairmen are listed first):
COURT FACILITIES AND COUNTY SPACE NEEDS:
Pullen, Hall, Benson, Fanton, Hopkins, O’Grady
HUMAN SERVICES:
Truax, Russo, Burdick, Dibble, Kruger, Reynolds
PERSONNEL:
Hall, Burdick, Benson, Fanton, Pullen, Russo, Ungermann
NEGOTIATIONS AD HOC (Sub-Committee of Personnel; Liaison between the
County’s negotiating team and the Personnel Committee):
Pullen, O’Grady, Russo
PUBLIC SAFETY:
Dibble, Benson, Burdick, Kruger, McCormick, Reynolds
PUBLIC WORKS:
Fanton, O’Grady, Hopkins, McCormick, Reynolds, Ungermann
WAYS & MEANS:
Reynolds, Hopkins, Dibble, Fanton, Hall, McCormick, Pullen, Truax
BUDGET (Sub-Committee of Ways & Means):
Hopkins, Fanton, Dibble, Hall, O’Grady
CHAIRMAN’S PRESENTATION OF CERTIFICATE:
Chairman Crandall requested that Specialist 4 Joshua Morton, Medic, United States
Army, come forward for a presentation. Josh is a 2003 graduate of Belfast School. He went
to boot camp at Fort Leonard Wood, Missouri; completed Advanced Training as a combat
medic at Fort Sam Houston, Texas; was deployed to both Germany and Irag; and will soon
be headed for Redstone Arsenal, Alabama. The Chairman has decided to implement a
program to honor Allegany County Veterans by inviting them to lead in the Pledge of
Allegiance at some of the Board meetings. He knew that Josh Morton was home on leave
and felt this was a good way to start the program. Chairman Crandall questioned if we ever
stop to think about all of the privileges we have while reciting the Pledge. That’s why he
asked Josh to come in to participate; not so much for Josh, but for what he represents. Josh
represents a cross-section of young men and women serving their country so that we can
have the privileges of being able to meet like this, to say the Pledge of Allegiance, and to
participate in the process of government. Chairman Crandall presented Josh with a
certificate of appreciation and an Allegany County pin, and he ended the presentation with a
recording on the American Flag by Johnny Cash.
ADJOURNMENT: The meeting was adjourned at 2:40 p.m. on a motion made by Legislator
Reynolds, seconded by Legislator Hall and carried.
--------
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REGULAR SESSION - JANUARY 12, 2009
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at
2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Veteran who led in the Pledge of
Allegiance was Michael D. Spath, Retired US Navy Chief Legalman and employee of
the County Attorney's Office.
INVOCATION: The Invocation was given by Legislator Pullen.
APPROVAL OF MINUTES:
The Board meeting minutes of December 22, 2008 were approved on a motion made
by Legislator Dibble, seconded by Legislator Hopkins and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Michael D. Spath, retired U.S. Navy Chief
Legalman, in grateful appreciation of over twenty years of service to our country. Mr. Spath
is the second in a hopefully long-term tradition of having a Veteran lead in the Pledge of
Allegiance to the Flag at Board meetings, giving more meaning to the action and what it
means to all of us. Mike served in the United States Navy from March 1966 through July
1986, earning many certificates and awards, including four Good Conduct Awards, three
Honorable Discharge Certificates, U.S. Navy Good Conduct Medal with three stars,
Meritorious Unit Commendation Medal, and National Defense Service Medal. After his
retirement, Mike returned to Angelica and was employed with the Angelica Spring Factory
and the Angelica School before beginning his employment with the Allegany County
Attorney's Office in May 1987.
Susan O’Rorke, NYMIR Marketing Director, addressed the Board regarding their
Subscriber/Member Capital Distribution Initiative. NYMIR is a non-profit, statewide property
and casualty insurance program existing solely to insure New York State's local
governments. It provides municipal insurance coverage for 22 counties and 566 other local
governments. The state requires that a capitalization fee be paid over five years by insured
members. Because NYMIR and its members have held to the course of sound risk
management, underwriting discipline, and a conservative investment philosophy, they are in
a very strong position with a healthy surplus and have decided to initiate a capital return
program. Ms. O'Rorke presented the County with a check for $22,872.60, the first of three
installments over the next three years, amounting to 75 percent of the County's initial capital
contribution. Ms. O'Rorke also recognized insurance partners from Richardson and Stout,
Rich Ewell and Ian Whitehouse, for their expertise, and thanked the County for their
ownership role in this collaborative insurance endeavor.
Rondus Miller, Town of Hume Historian, and Nancy Gillette, a volunteer at the town's
museum, presented information on Allegany County Historical Calendars, the first project
undertaken by the County's History Preservation Roundtable. This group was organized as a
way of sharing information, concerns, and ideas between town historians, historical society
members, and other interested citizens to preserve the County’s rich history. The calendars
contain photos and data encompassing the history of the entire County. Organizers enlisted
the assistance of County Historian Craig Braack to ensure that all 29 towns in the County
were represented. Each day in the calendar includes something that happened within the
County. Quite appropriately, considering the bond resolution to be voted on at today's Board
meeting, the entry for January 13 was from 1938 – "money appropriated for new courthouse."
11
The calendars were completed and printed within just five and one-half weeks, and are
available from town historians and members of the History Preservation Roundtable of
Allegany County.
1.
Placed on each legislator’s desk was a copy of the Organization Meeting
minutes of January 5, 2009 for review.
2.
Notification was received that the Personnel Committee appointed Douglas A.
Dillon as EXECUTIVE SECRETARY OF THE ALLEGANY COUNTY MUTUAL SELFINSURANCE PLAN for 2009.
3.
Correspondence was received from Ronald Younkins, Chief of Operations for
the NYS Unified Court System, reiterating that they will not reverse their rejection of the
proposal to provide additional space for the courts by renovating the former County jail. The
letter further indicates that Chief Administrative Judge Ann Pfau is prepared to approve the
County’s Plan that was submitted in July once an updated project schedule and bonding
resolution are forwarded, and any further delays will result in the imposition of financial
sanctions against the County. (Copies of this letter were distributed to all legislators on
December 22 along with a memo from the Chairman.)
4.
Correspondence was received from Sandra Sheldon of Fillmore urging the
Legislators to say “No” to New York State and “No” to any Courthouse plan.
5.
Correspondence was received inviting legislators to attend Alfred State
College’s annual Legislators’ Afternoon on Tuesday, January 20. The program will highlight
the College’s “green collar” workforce initiatives. (Program was subsequently postponed.)
6.
Notice was received that the next Fire Advisory Board meeting will be held on
Thursday, January 22, at 8 p.m. in Room 122 at the Public Safety Facility.
7.
Correspondence was received from Patrick Hooker, Commissioner of NYS
Agriculture and Markets, regarding our Resolution No. 204-08, a district review plan to modify
Allegany County Agricultural District No. 1. The letter certifies that: (A) The District is eligible
for redistricting. (B) The District consists predominantly of viable agricultural land. (C) The
plan of the District is feasible. (D) The District will serve the public interest by assisting in
maintaining a viable agricultural industry within the District and the State.
8.
Correspondence was received from NYSAC, along with their first edition of
Economy Watch, a monthly summary of the major indicators describing the current state of
New York's economy.
APPOINTMENTS:
Chairman Crandall has appointed the following as members of the ALLEGANY
COUNTY CITIZENS ADVISORY COMMITTEE ON TOURISM, to serve at his pleasure:
Elaine Hardman, Wellsville
Donald Cameron, Alfred Station
Lee James, Cuba
Joel Kassirer, Angelica
Craig Smith, Fillmore
Marie Willard, Caneadea
Larry Short, Belfast
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Chairman Crandall has appointed the following as members of the ALLEGANY
COUNTY DEVELOPMENT ADVISORY BOARD, effective immediately, to serve at his
pleasure, subject to confirmation by the Board of Legislators:
Education:
Deborah Clark, Alfred
Agriculture:
Gretchen Gary, Belmont
Forests:
Recreation/Tourism:
Craig Braack, Belmont
Industry:
Raymond DeTine, Belmont
Barbara Deming, Cuba
Utilities:
Frederic Marks, Almond
Small Business:
William Hart, Wellsville
Banking:
Linda Clayson, Belmont
Real Estate:
William Shuler, Cuba
At-Large:
Fred Sinclair, Scio
Zena Andrus, Andover
Gretchen Hanchett, Belmont
Chairman Crandall has appointed Phil May of Wellsville as the Landowner
Representative Member of the REGION 9 FISH AND WILDLIFE MANAGEMENT BOARD,
for a term of two years, commencing January 1, 2009, and expiring December 31, 2010,
subject to confirmation by the Board of Legislators.
Chairman Crandall has appointed Gilbert Childs of Richburg to fill Derwood Say's
unexpired two-year term as the Sportsmen's Representative Member of the REGION 9 FISH
AND WILDLIFE MANAGEMENT BOARD, for a term expiring December 31, 2009, subject to
confirmation by the Board of Legislators.
Chairman Crandall, in a joint measure with Crystal Abers, Chairman of the
Cattaraugus County Board of Legislators, has appointed the following to serve on the
CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD YOUTH COUNCIL for
a two-year term expiring December 31, 2010:
Vicki Livermore, Cassadaga Job Corps, Cassadaga
Becky Scott, Literacy West NY, Belmont
Erin Schwab, Cattaraugus Community Action, Salamanca
Jason Huffman, WIB Member Liaison, Cooper Power Systems, Olean
RESOLUTIONS:
Resolution Intro. No. 19-09 (Designation of Allegany County as Lead Agency and
Determination of No Significant Impact with Respect to the Court Facilities Plan together with
the County Office Needs Plan) was considered out of order following a motion made by
Legislator Pullen, seconded by Legislator Dibble and carried.
Resolution Intro. No. 19-09 was not pre-filed and was considered from the floor on a
motion made by Legislator Pullen, seconded by Legislator Fanton and carried by an
affirmative voice vote of the requisite two-thirds of the Board membership.
Resolution Intro. No. 19-09 was amended on a motion made by Legislator Pullen,
seconded by Legislator Dibble and carried to change "Type II Action" to "Unlisted Action" in
Resolved No. 2 and No. 3.
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RESOLUTION NO. 4-09
DESIGNATION OF ALLEGANY COUNTY AS LEAD AGENCY AND
DETERMINATION OF NO SIGNIFICANT IMPACT WITH RESPECT TO
THE COURT FACILITIES PLAN TOGETHER WITH THE COUNTY OFFICE NEEDS PLAN
Offered by: Court Facilities and County Space Needs Committee
WHEREAS, the County of Allegany as lead agency acting through its Committee of
the Whole conducted an environmental review of a “proposed action” consisting of the
construction of new courthouse facility space and renovation of existing courthouse space,
together with the renovation of existing County office facilities and either improvements to
existing County facilities or the construction of new County office facility space for County
office purposes, and
WHEREAS, there was no objection received from other interested parties as to
Allegany County assuming lead agency status, and
WHEREAS, the Committee of the Whole determined that the new construction
elements of the proposed action constituted “Unlisted Actions” for purposes of the State
Environmental Quality Review Act (“SEQR”) which will not result in any significant adverse
environmental effects, and the reconstruction and renovation components constitute Type II
Actions for purposes of SEQR which by definition have no significant environmental effects,
and
WHEREAS, the Committee of the Whole directed filing of a Notice of Determination of
Non-Significance, now therefore, be it
RESOLVED:
1.
That this Board confirms the action of the Committee of the Whole and declares
that the County of Allegany is the lead agency for the proposed project.
2.
That the lead agency determines that this Unlisted Action will not have a
significant impact because of the small scale of the project.
3.
That as lead agency, the County of Allegany issues a Negative Declaration for
this Unlisted Action, and that this Notice of Determination of Non-Significance will be sent to
the Town of Amity and Village of Belmont, all involved agencies, and to appropriate state
agencies.
Adopted: Roll Call
Voting No: Kruger, McCormick, Russo, Truax, Ungermann
Resolution Intro. No. 4-09 (Bond Resolution Dated January 12, 2009. A Resolution
Authorizing the Construction of a New Court Facility, Improvements to the Existing Court
Facility Space, and Either Improvements to Existing County Office Facilities or the
Construction of a New Office Facility in and for the County of Allegany, New York, at a
Maximum Estimated Cost of $18,684,000 and Authorizing the Issuance of $18,684,000
Bonds of Said County to Pay the Cost thereof) was amended on a motion made by Legislator
Burdick, seconded by Legislator O'Grady and carried on a roll call vote of 10 Ayes, 5 Noes, 0
Absent, to change the estimated cost and the bond amount from $18,684,000 to
$13,787,000, and also to eliminate wording regarding improvements to or construction of
County office facilities.
14
RESOLUTION NO. 5-09
BOND RESOLUTION DATED JANUARY 12, 2009
A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A NEW COURT FACILITY
AND IMPROVEMENTS TO THE EXISTING COURT FACILITY SPACE
IN AND FOR THE COUNTY OF ALLEGANY, NEW YORK,
AT A MAXIMUM ESTIMATED COST OF $13,787,000 AND
AUTHORIZING THE ISSUANCE OF $13,787,000 BONDS OF SAID COUNTY
TO PAY THE COST THEREOF
WHEREAS, all conditions precedent to the financing of the capital projects hereinafter
described, including compliance with the provisions of the State Environmental Quality Review
Act, have been performed, and
WHEREAS, it is now desired to authorize the financing of such capital projects, NOW,
THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Board of Legislators of the County of Allegany, New York, as follows:
Section 1.
The construction of a new court facility contiguous to the existing County
building in Belmont and improvements to the existing court facility all in and for the County of
Allegany, New York, including site improvements, original furnishings, machinery, equipment,
apparatus, appurtenances and incidental improvements and expenses in connection
therewith, is hereby authorized at a maximum estimated cost of $13,787,000.
Section 2.
The new construction components of the project have been determined
to be "Unlisted Actions" for purposes of the State Environmental Quality Review Act
("SEQR") which will not result in any significant adverse environmental effects. The
reconstruction components have been determined to constitute Type II Actions for purposes
of SEQR which by definition have no significant environmental effects.
Section 3.
The plan for the financing of such maximum estimated cost shall consist
of the issuance of not exceeding $13,787,000 bonds of said County hereby authorized to be
issued pursuant to the provisions of the Local Finance Law.
Section 4.
It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is twenty-five years, pursuant to subdivision 93 of
paragraph a of Section 11.00 of the Local Finance Law.
Section 5.
Subject to the provisions of the Local Finance Law, the power to
authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance
and sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms,
form and contents, and shall be sold in such manner, as may be prescribed by said County
Treasurer, consistent with the provisions of the Local Finance Law.
Section 6.
The faith and credit of said County of Allegany, New York, are hereby
irrevocably pledged to the payment of the principal of and interest on such obligations as the
same respectively become due and payable. An annual appropriation shall be made in each
year sufficient to pay the principal of and interest on such obligations becoming due and
payable in such year. There shall annually be levied on all the taxable real property in said
15
County a tax sufficient to pay the principal of and interest on such obligations as the same
become due and payable.
Section 7.
The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the County Treasurer, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the
County Treasurer shall deem best for the interests of the County.
Section 8.
All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or declining
annual debt service and all matters related thereto, prescribing whether manual or facsimile
signatures shall appear on said bonds, prescribing the method for the recording of ownership
of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing
and delivery of said bonds (and if said bonds are to be executed in the name of the County
by the facsimile signature of the County Treasurer, providing for the manual countersignature
of a fiscal agent or of a designated official of the County), the date, denominations, maturities
and interest payment dates, place or places of payment, and also including the consolidation
with other issues, shall be determined by the County Treasurer. It is hereby determined that
it is to the financial advantage of the County not to impose and collect from registered owners
of such serial bonds any charges for mailing, shipping and insuring bonds transferred or
exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of
the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section 52.00 of
the Local Finance Law and shall otherwise be in such form and contain such recitals in
addition to those required by section 52.00 of the Local Finance Law, as the County
Treasurer shall determine.
Section 9.
This resolution shall constitute a statement of official intent for purposes
of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or
otherwise set aside with respect to the permanent funding of the object or purpose described
herein.
Section 10.
The validity of such bonds and bond anticipation notes may be contested
only if:
1)
Such obligations are authorized for an object or purpose for which said County
is not authorized to expend money, or
2)
The provisions of law which should be complied with at the date of publication
of this resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
3)
Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution, which takes effect immediately, shall be published in
summary form in the Wellsville Daily Reporter and the Cuba Patriot & Free Press, the official
newspapers, together with a notice of the Clerk of the Board of Legislators in substantially the
form provided in Section 81.00 of the Local Finance Law.
Moved by: Mr. Pullen
Adopted: Roll Call
Seconded by: Mr. Reynolds
16
Comments made regarding Resolution No. 5-09:
Following his motion to amend the resolution (see above), Mr. Burdick commented
that the issue started as a courthouse project, and somewhere along the line County Office
Building renovations were added. He doesn't believe the taxpayers can afford it.
Mr. Kruger stated that he understood the efforts to contain spending to only the Court
Facility Project itself, however, he has voiced concern about the parking problem numerous
times and has yet to hear an answer. The solution is not going to be free. He will not support
the project in any form, as he felt we should have started with an alternative and let it be
rejected.
Mr. McCormick recognized the efforts of the Court Facilities and County Space Needs
Committee, but felt that all work outside of the court facilities issue should be stricken. Mr.
Pullen responded that there were countless hours spent on the other work, and it can’t all be
ignored. The work was valuable and will have to be considered; but for bond resolution
purposes, right now we are not considering anything other than court needs. Mr. Pullen felt
everything should be included, but since a two-thirds vote is needed to proceed, and we
heard the consequences of inaction, we need to do what will garner the vote.
Mr. Ungermann noted that several months ago, Mr. Pullen brought to the Board's
attention that Niagara County was given the distinction of being the highest taxed county in
the state with 3.7 percent of their residents' income going to taxes, while Allegany County is
paying more in the neighborhood of 7 percent. This is the same person now pushing this
project, saying the bond is like the mortgage we all have on our homes, putting each of us
further in debt. The federal government is proposing a trillion dollar bail-out package to
prevent failed mortgages, and the State of New York has their hand out because they can't
get their house in order either.
Mr. Ungermann stated that we have a choice today: to ride the same political backdoor
rail that gave us the new jail, gave away 56,000 square feet of floor space in an old school for
$1, and bought another old school for a mere $400,000. We have a choice to bond $14
million for court facilities and give a $5 million blank check to leadership to spend with a
simple majority vote. We have a choice to bond $18.64 million for an unfinished building with
no parking, which LaBella readily admits will not solve all our space needs. A bond that may
well run to $25 to $30 million before all is said and done, raising our debt total to $60 million
or more. How much will it cost to operate this new building, and how many more people will it
take to maintain it? Our other choice is to say "No" to the state and tell them we'll give them
the open space we already have, which more than doubles the existing court space, along
with $4.1 million to fix it up as proposed in Resolution Intro. No. 238-08.
Mr. Ungermann quoted from Rules of the Chief Judge, Part 34, Guidelines for New
York State Court Facilities: "In the exercise of responsibility for supervision of the
administration and operation of the Unified Court System, the Chief Administrator of the
Courts shall encourage, whenever possible and insofar as practicable, compliance with the
guidelines for New York State court facilities set forth." Mr. Ungermann believes the courts
could be moved into the former jail space within a year or less. It meets all square footage
requirements. Examples were given from Clark Patterson Associates' review of the third floor
space in comparison with OCA guidelines. The space may not be perfect, and we may still
get sanctioned, but the sanction letter would be followed by the opportunity for mediation.
Mr. Ungermann read an excerpt from the law about the mediation process: "Mediation
shall consist of expedited proceedings to effectuate the voluntary resolution of any dispute
between the Court Facilities Capital Review Board and a political subdivision concerning
approval of a capital plan pursuant to section 1680-c of the Public Authorities Law or the
Chief Administrator's determination pursuant to paragraph (a) of subdivision 3 of section 39 of
17
this article… In mediating the dispute, the mediator shall take into consideration, in addition
to any other relevant factors, the political subdivision's legal obligation under section 39 of
this article to provide goods, services and facilities suitable and sufficient for the transaction
of business, and the financial ability of the political subdivision to pay for the goods, services
and facilities in light of the totality of its needs and the resources available."
Mr. Ungermann referred to a cartoon he distributed illustrating the Court Facilities
Committee Chairman looking in at Allegany County's children and grandchildren in debtors'
prison, and stated that this will be a reality. Also, many of our children are leaving. He
received a call from a constituent, a large employer, whose total tax bill is over $600,000 per
year. We can’t keep driving our people out of the County. We need to find a middle ground.
Mr. Kruger commented that we are doing the taxpayers a disservice if we do not allow
them the opportunity to have a mediator look at the project and our finances to make a
determination on whether or not we can afford this. The bond is for 25 years, but it’s really
forever, because when property taxes have been raised in the past to finance a bond, they
weren’t lowered by that amount when the bond was paid off. The residents of Friendship will
be paying a disproportionate share of the expense. Mr. Kruger has not had one call from a
District II resident in support of the bond, but many calls in opposition. He's doing his best to
represent his constituents. A mediator could change the entire picture. If we approve this
bond resolution, we take away the last opportunity to save our taxpayers.
Mr. O’Grady noted that the Court Facilities and County Space Needs Committee has
looked at many options before finally settling on this proposal, which was adopted by the
Board as the official County Court Facilities Plan. It was sent to OCA for approval, and is
presently awaiting a funding resolution in the amount of $13.78 million. The committee was
also charged with resolving County office space needs and recommended renovating the jail
floor and making minor renovations to the other floors at a cost of about $4.8 million. There
are several legislators who support the entire plan, but some wanted the projects separated.
Mr. O’Grady has been back and forth on the issue, however, realizing that the bond
resolution would require ten votes, and hearing the consequences of failure, he agreed with
the amendment to separate the issues.
Mr. Reynolds commented that the public needs to be aware that those legislators
voting in favor of the bond are not in favor of spending the money. He would be pleased to
be able to approve the less expensive Ungermann plan, but the resulting sanction would
carry a heavy price. The loss of state aid would devastate the County, resulting in a 50
percent increase in taxes to meet operating expenses. Mr. Reynolds agrees with Mr.
Ungermann’s philosophy, but the state said “No.” He also noted that the mediator Mr.
Ungermann and Mr. Kruger referred to is not an arbitrator. They make no conclusion; the
state still makes the decision. The consequences for the County if we fail to pass this bond
would be devastating.
Mr. Hopkins commented on what would happen without the $14 million state aid if it
was sanctioned. Presently, $25 million is spent on programs that we have control of. The
state would take $14 million in one year, money that would have to be made up by deciding
what programs to cut. We can’t cut solid waste, E-911, or highway, so it comes down to
areas like Office for the Aging, Development, Veterans’ Services, and Soil and Water. These
services would have to be eliminated for one year. How do you do that? How can you cut
services for the elderly and those with lower incomes? The other problem is that we can’t
raise taxes enough to cover the shortfall due to the constitutional taxing limits. Do we go
through the process to request that the limits be raised? There really is no choice.
Interception of state aid will be devastating to the County. It would take a long time, possibly
twenty years, to get back where we should be. Jobs would be gone. None of us wants to do
this, but the alternatives would devastate the County.
18
Mr. Pullen commented that the committee has gone through exhaustive examination
of what could be done. Some options cost $30 million. Although the $14 million will also be
crushing, it could be worse. Originally the plan was estimated at $21 million, then was
reduced to $18.6 million, and now we’re looking at an amended $13,787,000. Mr.
Ungermann proposed an alternative which we heard would cost $4-5 million, but the estimate
proposed by Clark Patterson on the three-component plan that was taken to New York City
for review was $14.4 million, as opposed to the $13.787 million for the project being
considered today. The cheapest option is this one. Mr. Pullen stated that he didn’t know
where the lower numbers came from, but there is also the issue that the alternate plan was
not approvable. It includes two separate court facilities, requires two security checkpoints,
and would be more expensive to maintain. The other problem that OCA found objectionable
was that the alternate plan didn’t address the issue of segregated traffic circulation, which
could only be dealt with by employing additional security personnel, increasing costs for the
duration. The cheapest option is the current plan, and that has been verified by architectural
professionals. The parking issues would have been identical with Mr. Ungermann’s proposal.
Mr. Pullen also addressed the concerns being voiced about parking. Increased parking is
being investigated, but negotiations are on-going. A feasible alternative will be looked at as
we move forward.
Mr. McCormick referred to Mr. Margeson’s presentation on December 3 which
included the financed principle of $13.7 million. We also have to consider the interest on that.
The courts will subsidize some of the interest expense, but it still leaves Allegany County with
another $10.4 million in interest on a 25-year note. Mr. McCormick would be more willing to
accept this bond issue if the County would put forth some of its own money in order to reduce
the initial outlay. Mr. Pullen spoke last week about mortgages, but mortgages aren’t written
for 100 percent of financing. If the Board could come up with 10 percent, we’d be that much
further ahead. The County presently has a $2.9 million fund balance, a contingent fund
budget of $710,000, and we could cut some of the non-mandated programs and expenses,
such as Rushford Beach, the Fair, Cooperative Extension, and the Mental Health Drop-In
Center.
Mr. Russo noted that most of his points had already been made by Mr. Ungermann
and Mr. McCormick. He added that last year, the national economy began its down-turn,
resulting in job losses and mortgage foreclosures, and the stock market is wiping out the
retirement savings of the elderly. Further increasing the tax rate would be a big disservice to
our County residents.
Mr. Dibble noted that there are 62 counties in the state, and 61 have complied. He is
not fond of the idea of building or spending either, but there is no alternative. We have to
move forward this month or face a sanction of $14 million, which will be devastating to the
County.
Mr. Truax commented that this is not a bad time to be the last man standing. The
Board voted the court facilities issue down 15 years ago, and he has not changed his mind
since then. The County still cannot afford it. Mr. Truax clarified that Mr. Ungermann’s plan
was a three-part plan, and it included the school building that we gave away, but we cannot
afford $13 million.
Chairman Crandall requested that Vice Chairman Reynolds take the Chair to allow him
to make the following statement:
“I would like to thank the Board for all the time, research, energy, and genuine concern
that has gone into such an important issue for Allegany County. But that is not what I took
the floor for; I could have said that from the dais. I have asked for the floor so that I can take
a position in this debate, which would be inappropriate from the Chair.
19
Over the past three years, this Board has heard the history of our County as it relates
to the Court Facilities Act of 1987. We have learned that Allegany County is the last county
in New York State to address the deficiencies of our Courthouse, as outlined in this law. We
even questioned whether or not the wording of this legislation kept up with the times, and
wondered if Allegany County could somehow be spared such a financial burden, by a legal
loophole – NO SUCH LUCK!
Since June 26, 2006, when William Clark, Counsel for Capital Planning for the Office
of Court Administration, stood in this chamber, drew a line in the sand, and delivered a
message that time had come to submit and act on an acceptable Capital Plan for Allegany
County, or face financial sanctions, contained in State Law, this Board has worked diligently
to comply. We recognized our responsibility to take the position of the Office of Court
Administration seriously, and we did.
We all know of the many options that have been looked at, and debated, since June
2006. We remember the discussions that have taken place to reduce the size and cost of the
project, yet still keep it acceptable. Not acceptable to us, but acceptable to the Capital
Review Board and the NYS Unified Court System Chief Administrative Judge Ann Pfau. We
have taken trips to Manhattan, visited other court facilities in New York State, have seen
numerous Power Point presentations, looked at financial information, and poured over pages
of drawings and floor plans.
Gentlemen – The time has come.
Although, I support a more comprehensive plan that addresses space and operational
issues beyond the Courthouse, the time to commit with our legal obligation, and to comply
with New York State Law and the Court Facilities Act, is here.
The passage of this bond resolution today, along with a project schedule sent to the
Office of Court Administration, will avert the financial sanctions against Allegany County –
the Choice is Ours.
I use the word “Choice” a little tongue–in–cheek, for there is no real choice today. In
recent correspondence from the Office of Court Administration, it was stated that any further
delay in completing this plan, and advancing it in accordance with its terms, will lead to the
imposition of financial sanctions against Allegany County.
Mr. Clark visited us again last Thursday night, to once again be sure we were clear on
their position, and to state that further delay would not be tolerated. To further drive home
the importance of this resolution, I had a personal conversation with Chief Administrative
Judge Ann Pfau on Wednesday of last week (January 7). Her message in that conversation
was that Allegany County needs to take action and provide the financing necessary for this
project by the end of this month. If favorable action is not taken this month, the Judge is
prepared to proceed with the sanction process on February 1.
At a committee meeting several months ago, I was asked if I really felt there was
support by this Board for a bond resolution to fund the Court Facilities Project. My answer to
the question was, not only do I feel there would be support, but the vote would be 15 – 0. If
you recall, that answer drew snickers and negative comments from some of my colleagues.
Given an opportunity to explain myself, I said that once this Board was given the facts and
alternatives, the bond resolution would pass 15 – 0. In light of the alternative of being
sanctioned, and the devastating effect this would have on services in Allegany County, I
believe my answer to be more accurate today than it was a couple of months ago.
In fact, I would like to take that statement a step further today, and say that any
legislator who votes “No” on this bond resolution is clearly taking an irresponsible stand, and
20
a position that can be motivated only by political and self interest. I hope any dissenting
votes are recorded loud and clear and the implications that they represent be known to the
citizens of Allegany County.
I will be voting “Yes” on this resolution and will be disappointed if the tally is not 15 - 0.”
RESOLUTION NO. 6-09
RESOLUTION ENCOURAGING THE NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO QUICKLY
COMPLETE ITS ENVIRONMENTAL REVIEW OF NATURAL GAS DRILLING IN THE
MARCELLUS SHALE AND LIFTING OF THE DRILLING MORATORIUM
WHEREAS, Allegany County faces severe economic challenges which have only
become more acute due to the recent worldwide economic crisis, and
WHEREAS, there now exists an opportunity for significant economic development
through the proper exploitation of natural gas within the Marcellus Shale region underlying
Allegany County and much of New York State's Southern Tier, and
WHEREAS, in order to encourage the development of such natural gas resources and
compete effectively with other states, New York State's regulatory environment needs to be
able to act quickly in its permitting process as it pertains to well drilling, and
WHEREAS, the New York State Department of Environmental Conservation has
already shown itself capable of protecting the environmental interests of New York State
residents, and
WHEREAS, the economic cost from lost gas drilling, lost gas production, lost ancillary
jobs and lost tax revenue far outweigh any environmental benefit from a prolonged
environmental review of gas drilling in the Marcellus Shale, and
WHEREAS, the New York State Department of Environmental Conservation has had
an ample opportunity to review environmental concerns relative to gas drilling in the
Marcellus Shale, now, therefore, be it
RESOLVED:
1.
That the New York State Department of Environmental Conservation quickly
complete its environmental review process concerning drilling in the Marcellus Shale.
2.
That the moratorium concerning further drilling in the Marcellus Shale be lifted.
3.
That the process of issuing drilling permits be sped up once the moratorium is
lifted.
4.
That certified copies of this resolution be mailed to New York State Governor
David A. Paterson, NYS DEC Commissioner Peter Grannis, the Senate and Assembly EnCon Committees, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph
M. Giglio, NYSAC, and the InterCounty Association of Western New York.
Seconded by: Mr. Truax
Adopted: Voice Vote
21
RESOLUTION NO. 7-09
CHANGING REGULAR BOARD MEETING DATE FROM FEBRUARY 9, 2009
TO FEBRUARY 6, 2009
RESOLVED:
1.
Notwithstanding Rule 110.A. of County Board Rules, the first regular meeting of
this Board in the month of February of 2009 shall be held on February 6, 2009 at 2:00 PM
and not on February 9, 2009 at 2:00 PM.
Adopted: Voice Vote
(Memo: The change in Board meeting date approved by Resolution No. 7-09 was requested
to allow legislators to attend the annual NYSAC Conference being held February 9-11, 2009.)
RESOLUTION NO. 8-09
RESOLUTION DESIGNATING OFFICIAL NEWSPAPERS FOR THE
PUBLICATION OF LOCAL LAWS, NOTICES AND OTHER MATTERS
REQUIRED BY LAW TO BE PUBLISHED IN 2009
WHEREAS, in accordance with subdivision 1 of Section 214 of the County Law, the
members of this Board of Legislators representing respectively each of the two principal
political parties into which the people of this State are divided have designated in writing the
newspapers set forth below to publish, in 2009, the concurrent resolutions of the State
Legislature, election notices issued by the Secretary of State, and the official canvass:
Concurrent Resolutions of the Legislature:
The Alfred Sun, Alfred, New York (Republican)
Cuba Patriot & Free Press, Cuba, New York (Democrat)
Election Notices and Official Canvass:
Wellsville Daily Reporter, Wellsville, New York (Republican)
WHEREAS, subdivision 2 of Section 214 of the County Law requires this Board of
Legislators to annually designate at least two newspapers within the County of Allegany as
official newspapers for the publication of all local laws, notices and other matters required by
law to be published, now, therefore, be it
RESOLVED:
1.
That the newspapers listed below are designated as the official newspapers of
the County of Allegany for the publication of local laws, notices and other matters required by
law to be published in 2009:
22
Adopted: Voice Vote
Opposed: Kruger
RESOLUTION INTRO. NO. 8-09 (AMENDING RESOLUTION NO. 272-2005
ENTITLED RESTRICTIONS ON THE USE OF COUNTY OWNED VEHICLES) was
DEFEATED on a roll call vote of 6 Ayes, 9 Noes, 0 Absent (Voting No: Benson, Burdick,
Kruger, McCormick, O'Grady, Pullen, Russo, Truax, Ungermann).
If approved, the
amendment would have added the position of Lieutenant in the Sheriff's Office to the
exemptions from restrictions on County vehicles. Legislators Kruger and O'Grady both
voiced their opposition to the amendment, stating that parking the vehicles has saved money.
The vehicle referenced in the proposed resolution was purchased to replace a patrol vehicle
damaged in the Wellsville incident. Transport vans aside, the last three vehicles purchased
have all gone to administration when they would have been better utilized in patrol and a
replacement purchased for the 1998 or 99 Trailblazer we were told was dangerous but is still
in service. The fleet keeps growing because vehicles aren't being taken off when replaced.
RESOLUTION NO. 9-09
APPROVAL OF BOARD CHAIRMAN’S REAPPOINTMENT OF
HARVEY SCOTT SPILLANE AS DIRECTOR OF
COUNTY VETERANS’ SERVICE AGENCY
Offered by: Personnel Committee
Pursuant to Executive Law § 357 and Resolution No. 58-45
RESOLVED:
1.
That the reappointment by the Chairman of this Board of Legislators of Harvey
Scott Spillane as Director of the County Veterans’ Service Agency for a term commencing
January 1, 2009 and ending December 31, 2009 is approved.
Moved by: Mr. Hall
Seconded by: Mr. Russo
Adopted: Voice Vote
RESOLUTION NO. 10-09
APPOINTMENT OF MEMBERS TO ALLEGANY COUNTY FIRE ADVISORY BOARD
Offered by: Public Safety Committee
Pursuant to County Law § 225-a.
RESOLVED:
1.
That each of the following persons is appointed to the Allegany County Fire
Advisory Board, with term of office for each to commence January 1, 2009, and expire
December 31, 2009:
Richard Hoffman, Jr.
Judson Stearns, Jr.
Robert Prior
Bryan Snyder
Ed Sackett
Richard Sortore
Alfred
Alfred Station
Allentown
Almond
Andover
Angelica
23
David Jennings
Brandon LaValley
Terry Richardson
Donald Van Skiver
Robert Lester
Gerald Gayford
Wes Sortore
David Vogel, Sr.
Daniel Barkley, Jr.
Dan Metcalf
Jeff Luckey
David Sweet
Larry Erdmann
LeRoy Ives
Alan Mills
Belfast
Belmont
Bolivar
Canaseraga
Cuba
Fillmore
Friendship
New Hudson
Richburg
Rushford
Short Tract
Wellsville
Whitesville
Willing
Wiscoy-Rossburg
Moved by: Mr. Dibble
Adopted: Voice Vote
REAPPOINTMENT OF THREE INCUMBENT MEMBERS TO
COUNTY TRAFFIC SAFETY BOARD
Pursuant to Local Law No. 2 of 1972
RESOLVED:
1.
That Charles Stout, David S. Roeske and Gary Fries are reappointed to the
County Traffic Safety Board, with term of office for each to commence January 1, 2009 and
expire December 31, 2011.
Adopted: Voice Vote
RESOLUTION INTRO. NO. 12-09 (ACCEPTANCE OF ADDITIONAL NEW YORK
STATE GRANT FUNDS FOR IMPLEMENTING A CENTRALIZED COUNTY LEVEL
DATABASE FOR TAX COLLECTION INFORMATION; APPROPRIATION OF FUNDS) was
TABLED on a motion made by Legislator Reynolds, seconded by Legislator Dibble and
carried. The resolution was offered prematurely, as the grant award letter has not been
received.
APPROVAL OF AIR MEDICAL SERVICES CONTRACT WITH
MERCY FLIGHT, INC. FOR 2009
Offered by: Human Services Committee
RESOLVED:
1.
That Air Medical Services Contract between Mercy Flight, Inc. and the County
of Allegany, in relation to providing air medical services in Allegany County in 2009, is
approved.
24
2.
That the Chairman of this Board is authorized to execute such contract.
Moved by: Mr. Truax
Seconded by: Mr. Kruger
Adopted: Roll Call
Comments made regarding Resolution No. 12-09: The payment associated with the Mercy
Flight contract is $10,000. Mr. Pullen noted that although we got through the court bonding
vote dilemma, it will impact the County for years to come. Some expenses are not
mandated, and this contract is one. He agrees with Mr. McCormick that there are things we
could cut, but there will be pain. Maybe there needs to be pain. Should this contract be a
function of the County? We could wrestle with some options, but this is one program he will
support as it is truly a life or death issue.
APPROVAL OF AGREEMENT WITH ALLEGANY COUNTY
ASSOCIATION FOR THE BLIND AND VISUALLY HANDICAPPED, INC.,
IN RELATION TO THE RENDERING OF SERVICE, TRAINING OR AID
TO INDIGENT BLIND IN ALLEGANY COUNTY
Pursuant to County Law § 224 (6)
RESOLVED:
1.
That the Agreement in the amount of $7,500 between the County of Allegany
and Allegany County Association for the Blind and Visually Handicapped, Inc., in relation to
the rendering of service, training or aid to indigent blind in Allegany County during 2009, is
approved.
2.
triplicate.
That the Chairman of this Board is authorized to execute said Agreement in
Moved by: Mr. Truax
Seconded by: Mr. Dibble
Adopted: Roll Call
RESOLUTION INTRO. NO. 15-09 (APPROVING CONTRACT WITH ALLEGANY
LEGAL SERVICES, CORP. FOR FAMILY COURT AND CRIMINAL COURT LEGAL
REPRESENTATION OF INDIGENT PERSONS WHERE CONFLICT EXISTS WITHIN
PUBLIC DEFENDER’S OFFICE; AUTHORIZING CHAIRMAN TO EXECUTE SUCH
CONTRACT) was WITHDRAWN by Legislator Dibble, Chairman of the Public Safety
Committee.
APPROVAL OF AGREEMENT WITH
VOLUNTEER FIREMEN'S ASSOCIATION OF ALLEGANY COUNTY, INC.,
FOR PAYMENT OF 2009 BUDGETARY APPROPRIATION
25
RESOLVED:
1.
That the Chairman of this Board is hereby authorized to execute an agreement
between the County of Allegany and the Volunteer Firemen's Association of Allegany County,
Inc. that shall provide, in substance, (a) that the County of Allegany will disburse in advance
to said Association the sum of $2,000 to be used by said Association for the payment of
expenses which it might incur during 2009 in providing fire training schools for training
firefighters, (b) that said Association will render a verified account of such expenses on or
before December 31, 2009, with verified or certified vouchers therefor attached, and (c) that
any unused amount will be refunded to the County of Allegany.
2.
That the County Treasurer shall not pay the aforesaid sum until a memorandum
receipt signed by the President and Treasurer of said Association agreeing to comply with the
terms of this resolution is delivered to her office.
3.
That the Treasurer of said Association shall not be required to furnish a bond.
Adopted: Roll Call
A motion was made by Legislator Ungermann and seconded by Legislator Kruger to
TABLE Resolution Intro. No. 17-09 (Approval of Memorandum of Agreement with Cornell
Cooperative Extension Association of Allegany County and Authorizing Chairman to Execute
Memorandum of Agreement; Authorizing County Treasurer to Make Appropriation Payments
in Relation to the 2009 Budgetary Appropriation for the Work of Such Association). THE
MOTION FAILED following a roll call vote of 6 Ayes, 9 Noes, 0 Absent (Voting No: Burdick,
Crandall, Dibble, Fanton, Hall, Hopkins, McCormick, Reynolds, Truax).
APPROVAL OF MEMORANDUM OF AGREEMENT WITH
CORNELL COOPERATIVE EXTENSION ASSOCIATION OF ALLEGANY COUNTY AND
AUTHORIZING CHAIRMAN TO EXECUTE MEMORANDUM OF AGREEMENT;
AUTHORIZING COUNTY TREASURER TO MAKE APPROPRIATION PAYMENTS
IN RELATION TO THE 2009 BUDGETARY APPROPRIATION
FOR THE WORK OF SUCH ASSOCIATION
Offered by: Public Works Committee
RESOLVED:
1.
That Memorandum of Agreement between the County of Allegany and the
Cornell Cooperative Extension Association of Allegany County, dated January 1, 2009 in
relation to the payment of appropriations to such Association by the County and the providing
of services for such appropriations is approved and the Chairman of this Board is authorized
to execute such Memorandum of Agreement.
2.
That the County Treasurer is authorized and directed to pay one half of the sum
provided in the 2009 County Final Budget for such Association in advance on the first day of
each half beginning January 2009, to be used by such Association pursuant to the terms and
conditions of such Agreement; such payments to be made to the duly bonded Treasurer of
such Association.
26
Moved by: Mr. Fanton
Adopted: Roll Call
Voting No: Benson, McCormick, O'Grady, Ungermann
Mr. O'Grady questioned the amount of the County appropriation for Cooperative
Extension. Mr. Margeson replied that it was $198,000. Mr. O'Grady remarked that program
cuts will hurt, but he was going to join with Mr. McCormick in his call for budget cuts;
therefore, he would not be supporting this resolution. Mr. Kruger voiced similar sentiments.
Mr. Pullen and Mr. Hopkins spoke in support of Cooperative Extension and the
incredible services provided for the money. In addition to programs for farmers, 4-H youth,
homemakers, and poison response, our participation also provides for fringe benefits being
paid by the state for various positions in other departments. We get back all that we put into
it through savings in these other departments.
County Administrator John Margeson and Public Health Director Lori Ballengee
explained that personnel shared with Cooperative Extension include six staff and three peer
counselors in the WIC program, four employees in Cancer Services, and two employees in
Family Planning and Bioterrorism. We save the fringe benefits costs for these positions,
where the expense would have to be absorbed by the Health Department if Cooperative
Extension was cut. Mr. O'Grady questioned if the positions were mandated, to which Ms.
Ballengee replied they were not, but are granted funded. No County dollars are involved, and
WIC generates a little over $1 million per year for the County. Grocery stores also reap the
benefits from the use of WIC coupons.
Mr. Ungermann asked about the continuance of these grants in light of state budget
cuts. Ms. Ballengee responded that she has not heard that any of the grants will be
eliminated. There have been some cuts, but we have been able to absorb them due to the
fringes being so low.
Chairman Crandall urged the Board to resist the "knee-jerk" reaction of making cuts in
these contracts without knowing what is really being cut. Some of these agencies have
benefited the County for a long time and save the County money. If we say we could do
without those positions and services, and want to look at which programs we want to support,
maybe we should put together another series of "think-tank" sessions of the Committee of the
Whole. Services and programs and possible areas to cut were discussed during the budget
process, looked at again when facing the potential of being sanctioned, and considered in
light of state and federal budget reductions. The Budget Committee worked at it and has
listings of mandated and non-mandated programs including their costs. Some good
conversation could come through that.
APPROVAL OF AGREEMENT WITH
ALLEGANY COUNTY AGRICULTURAL SOCIETY
FOR PAYMENT OF 2009 BUDGETARY APPROPRIATION
RESOLVED:
1.
That the Agreement between the County of Allegany and the Allegany County
Agricultural Society is approved.
27
2.
That the Chairman of this Board is authorized to execute such Agreement.
3.
That the County Treasurer, upon receipt of a true copy of said Agreement, is
authorized and directed to remit to said Society the sum of $7,000 and charge Account No.
A8752.4 therefor.
Adopted: Roll Call
Voting No: Kruger, McCormick, Pullen, Ungermann
Mr. Pullen noted he was a strong supporter of the County Fair, but it was one of the
things he struggled with during the budget process. He didn't feel we should be using tax
dollars on this. Mr. Kruger stated that the money we give doesn’t make or break the
Agricultural Society. This is a place we can cut. Mr. Ungermann requested their financial
statement last year, and they have $62,000 in reserve. It's nice to help, but where does it
end? He asked if the County does upkeep on the fairgrounds. Mr. Margeson replied that we
don't. The Agricultural Society is a not-for-profit, and occasionally Public Works does loan
equipment.
Mr. Reynolds supported the resolution. One of the County's major industries is
agriculture, and he appreciates the hard work in that profession. It seems strange, in a
County like ours, to be debating an ag related issue. Mr. Dibble voiced support for the
County Fair and noted that they have a volunteer Fair Board. It's great for the kids and the
distinction given to participants. Mr. Hopkins clarified that the Agricultural Society does
struggle from year to year. Depending on proceeds from their Friday night show, they need
their reserve. He didn't know the amount of sales tax they generate, but he wouldn't want to
risk reductions in sales tax revenues. Chairman Crandall recognized the fair's big tourism
draw, and stated we don’t want to let this one go.
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Kruger and carried,
that the audits be acted upon collectively and by totals.
A motion was made by Legislator Reynolds, seconded by Legislator Truax and
adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling
$4,588,825.90, including prepaid expenses, be approved for payment as recommended by
the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid
Program paid year-to-date for the 2008 calendar year is $9,130,891.)
Reynolds, seconded by Legislator Hall and carried.
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28
REGULAR SESSION - JANUARY 26, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Veteran who led in the Pledge of
Allegiance was Thomas E. Hull, retired US Navy Lieutenant Commander and current
employee of the Department of Health.
INVOCATION: The Invocation was given by Legislator Dibble.
ROLL CALL: 13 Present; 2 Absent (Legislators Benson, Truax).
The Board Organization Meeting minutes of January 5, 2009 were approved on a
motion made by Legislator Dibble, seconded by Legislator Fanton and carried.
The Committee of the Whole minutes of January 8, 2009 were approved on a motion
made by Legislator Reynolds, seconded by Legislator Dibble and carried.
The Committee of the Whole minutes of January 12, 2009 were approved on a motion
made by Legislator Hall, seconded by Legislator Pullen and carried.
Chairman Crandall presented a certificate to Thomas E. Hull, retired US Navy
Lieutenant Commander, in grateful appreciation of his service to our country. Mr. Hull’s
service was from 1985 to 1995 and included training at the Officer Indoctrination School in
Newport, Rhode Island, and serving as an Environmental Health Officer of the Medical
Service Corps in Washington, Georgia, Iceland, and Maryland. He received the following
military honors and awards: Navy Achievement Medal (two), Navy Commendation Medal
(two), National Defense Service Medal, Navy and Marine Corps Overseas Service Ribbon
with One Star, Navy Unit Commendation Medal, and Letters of Appreciation and
Commendation. Mr. Hull began his employment with the Allegany County Department of
Health in 1995.
Chairman Crandall presented a certificate of appreciation to District Attorney Terrence
M. Parker in recognition of 25 years of service to Allegany County. Mr. Parker began his
employment with the County in 1984 as 2nd Assistant District Attorney, was appointed 1st
ADA in 1985, and in 1997 was elected for his first term as District Attorney.
Chairman Crandall acknowledged the BOCES Government Interns and their Instructor
Warren Schmidt and noted that they will be formally introduced at a future meeting.
Copies of the following were placed on each Legislator’s desk:
1.
Board meeting minutes of January 12, 2009, for review.
2.
February 2009 Board and Committee meeting calendar.
3.
Legislators’ Compensation Table for 2008.
29
4.
Report of Intrafund Transfers approved by the County Administrator for the
month of December 2008.
The following communications were also acknowledged:
1.
Correspondence sent to our Department of Public Works from the Save the
Caneadea Bridge Committee indicating that they were turning over the balance of their
fundraising efforts totaling $9,037.42 to be earmarked for guide rails.
2.
Reminder that the first Board meeting in February will be held on Friday,
February 6, 2009.
3.
Correspondence from the Chenunda Creek Fellowship in Andover thanking the
Board for their dedication and service and letting them know the congregation is praying for
the Board while they make difficult decisions.
4.
Correspondence from Office for the Aging Director Kimberley Toot inviting
Legislators to attend the annual Legislative Luncheon on Friday, February 13, at the
American Legion in Belmont beginning at 10:30 a.m.
5.
Notification of a press conference for the Waterways Resort (former Six-S Golf
Course) on February 9, at 11 a.m. at the Crossroads Center. All Legislators are invited to
attend.
RESOLUTIONS:
A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF
TOWN BRIDGE NO. 21-08 (B.I.N. 2214850) IN TOWN OF INDEPENDENCE
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 Town Bridge No. 21-08 (B.I.N. 2214850) on Fulmer Valley Road in
the Town of Independence 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
$142,000, 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 Town Bridge No.
21-08 (B.I.N. 2214850) on Fulmer Valley Road in the Town of Independence 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.
30
3.
$142,000.
That the authorized cost for the construction of such Bridge shall not exceed
4.
That in accordance with Resolution No. 65-95, the County’s share of such cost
is estimated to be $120,700 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 $21,300, 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 Independence
files the appropriate Town Board resolution in accordance with Resolution No. 65-95.
Adopted: Roll Call
A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF
TOWN BRIDGE NO. 23-05 (B.I.N. 2214940) IN TOWN OF RUSHFORD
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 Town Bridge No. 23-05 (B.I.N. 2214940) on West Branch Road in the
Town of Rushford 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
$245,000, 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 Town Bridge No.
23-05 (B.I.N. 2214940) on West Branch Road in the Town of Rushford 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.
$245,000.
That the authorized cost for the construction of such Bridge shall not exceed
4.
That in accordance with Resolution No. 65-95, the County’s share of such cost
is estimated to be $208,250 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 $36,750, shall be paid to
the County pursuant to the provisions of section 1 g. of Resolution No. 65-95.
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6.
That such Bridge shall not be reconstructed until the Town of Rushford files the
appropriate Town Board resolution in accordance with Resolution No. 65-95.
Seconded by: Mr. Hopkins
Adopted: Roll Call
APPOINTMENT OF ONE MEMBER TO COUNTY BOARD OF HEALTH
Pursuant to Public Health Law §§ 343 and 344
RESOLVED:
1.
That Sherry Herdman is appointed to fill a vacancy to the County Board of
Health, with term of office commencing January 12, 2009, and expiring July 7, 2012.
Adopted: Voice Vote
REAPPOINTMENT OF TWO MEMBERS TO THE
CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING
Pursuant to Resolution No. 221-74
RESOLVED:
1.
That the reappointments of Nancy Rouse of Scio, New York, and Robert Riber
of Alfred Station, New York, to the Citizens Advisory Council to the Office for the Aging, with
term of office for each commencing January 1, 2009, and expiring December 31, 2011, are
confirmed.
Moved by: Mr. Russo
Adopted: Voice Vote
REAPPOINTMENT OF TWO MEMBERS TO
ALLEGANY COUNTY COMMUNITY SERVICES BOARD
RESOLVED:
1.
That Dana S. Kruser of Andover, New York and Brent L. Reynolds of Alfred
Station, New York are reappointed to the Allegany County Community Services Board, with
term of office to commence January 1, 2009, and expire December 31, 2012.
Moved by: Mr. Russo
Adopted: Voice Vote
32
APPOINTMENT OF TWO NEW MEMBERS TO COUNTY TRAFFIC SAFETY BOARD
RESOLVED:
1.
That Jimmy Joyce and Shawn Whitney are appointed to the County Traffic
Safety Board, with term of office for each to commence January 1, 2009, and expire
December 31, 2011.
Seconded by: Mr. McCormick
Adopted: Voice Vote
REAPPOINTMENT OF TWO LEGISLATIVE MEMBERS TO THE
ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD
Pursuant to Soil and Water Conservation District Law §§ 6 and 7
RESOLVED:
1.
That Michael J. McCormick and Theodore L. Hopkins are reappointed to the
Allegany County Soil and Water Conservation District Board as Legislative Members with
term of office commencing January 1, 2009, and expiring December 31, 2009.
Adopted: Voice Vote
APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT AND REAPPOINTMENT OF
REPRESENTATIVES TO
ALLEGANY COUNTY DEVELOPMENT ADVISORY BOARD
RESOLVED:
1.
That the appointment by the Chairman of this Board of the following individuals
to serve as representatives to and members of the Allegany County Development Advisory
Board are approved: Deborah Clark, Education representative; Gretchen Gary, Agriculture
representative; John Corneby, Forests representative; Craig Braack, Recreation/Tourism
representative; Raymond DeTine, Barbara Deming and Steve Havey, Industry
representatives; Frederic Marks, Utilities representative; William Hart, Small Business
representative; Linda Clayson, Banking representative; William Shuler, Real Estate
representative; Fred Sinclair,
Zena Andrus and Gretchen Hanchett, At Large
representatives.
33
Seconded by: Mr. Hall
Adopted: Voice Vote
REAPPOINTMENT OF MEMBERS TO THE ALLEGANY COUNTY PLANNING BOARD
RESOLVED:
1.
That each of the following persons are appointed to the Allegany County
Planning Board, with term of office for each commencing January 1, 2009, and expiring as
set forth below:
Robert Ellis
Wendall Brown
James E. Ninos
Kevin LaForge
Belmont, New York
Scio, New York
Alfred, New York
Wellsville, New York
December 31, 2011
December 31, 2011
December 31, 2011
December 31, 2011
2.
That Brent L. Reynolds, Chairman of the Ways and Means Committee of this
Board; David Roeske, Superintendent of Public Works; and Terri L. Ross, Allegany County
Treasurer are appointed ex-officio members of the Allegany County Planning Board with term
of office to commence January 1, 2009, and expire December 31, 2009.
Adopted: Voice Vote
RESOLUTION INTRO. NO. 29-09 (APPROVING CONTRACT WITH ALLEGANYCATTARAUGUS LEGAL SERVICES, INC. FOR FAMILY COURT AND CRIMINAL COURT
LEGAL REPRESENTATION OF INDIGENT PERSONS WHERE CONFLICT EXISTS
WITHIN PUBLIC DEFENDER’S OFFICE; AUTHORIZING CHAIRMAN TO EXECUTE SUCH
CONTRACT) was TABLED following a motion made by Legislator Dibble, seconded by
Legislator Reynolds and carried.
A motion was made by Legislator O’Grady and seconded by Legislator Burdick to
TABLE Resolution Intro. No. 30-09 (Approval of Agreement with Simonsen Enterprises in
Relation to Deer Carcass Removal Services; Authorizing Board Chairman to Execute
Agreement). The motion was defeated on a roll call vote of 7 Ayes, 6 Noes, 2 Absent
(Absentees were counted as Noes). Voting No: Crandall, Dibble, Fanton, Reynolds, Russo,
Ungermann, and Absentees were Benson and Truax.
APPROVAL OF AGREEMENT WITH SIMONSEN ENTERPRISES IN RELATION TO
DEER CARCASS REMOVAL SERVICES;
AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENT
RESOLVED:
1.
That Agreement between the County of Allegany and Simonsen Enterprises in
relation to Deer Carcass Removal Services for the period January 1, 2009 to December 31,
2013, is approved.
34
2.
That the Chairman of this Board is authorized to execute the Agreement.
Adopted: Roll Call
Voting No: Burdick, Kruger, O’Grady
(Memo: The contract approved by Resolution No. 26-09 is for a five-year period and includes
a charge of $32.50 per pickup, with the total payment not to exceed $10,000 per year.)
Comments made regarding Resolution No. 26-09: Mr. O’Grady questioned whether the
wording included in the contract regarding cancellation would need to be changed or clarified
to cover the County in the event of inability to pay in one of the succeeding years of the fiveyear contract. County Attorney Tom Miner responded that it may need some clarity. He felt
that it would be fairly easy to extricate ourselves from it, but without having the contract in
front of him, couldn’t say for sure. Mr. O’Grady felt the matter should be tabled until the next
meeting, but the motion failed (see action above).
AUDITS:
A motion was made by Legislator Reynolds, seconded by Legislator Kruger and
carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Reynolds, seconded by Legislator Hopkins and
$1,753,812.51 including prepaid expenses, be approved for payment as recommended by
Program paid year-to-date is $520,308.)
Dibble, seconded by Legislator Kruger and carried.
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REGULAR SESSION - FEBRUARY 6, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former
United States Army Sergeant Michael Hennessy.
ROLL CALL: 13 Present; 2 Absent (Legislators Hall and Ungermann; Legislator Dibble left
early in the meeting).
The Board meeting minutes of January 12, 2009 were approved on a motion made by
Legislator Dibble, seconded by Legislator Fanton and carried.
35
BOARD OF LEGISLATORS SESSION MINUTES, FEBRUARY 6, 2009
Chairman Crandall presented a certificate to former United States Army Sergeant
Michael Hennessy, in grateful appreciation of his service to our country. (Mr. Hennessy led
the Board in the Pledge of Allegiance to the Flag at the beginning of the meeting as part of
the Board’s Honorary Veterans’ Pledge Program.) His military service was from September
1981 to August 1991, and assignment stations included Fort Leonard Wood, Missouri;
Germany; Hawaii; and Fort Drum, New York. Awards Mr. Hennessy received were the Army
Commendation Medal, Army Achievement Medal, and three Good Conduct Medals. Mr.
Hennessy is currently an employee of the Allegany County Clerk’s Office as the third deputy.
Chairman Crandall granted privilege of the floor to Wendall E. Brown, Friendship
Empire Zone Director, to address the Board concerning the upcoming Resolution of Support
for the Continuation of the Empire Zone Program. Mr. Brown highlighted Governor
Paterson’s proposal to reform New York State’s Empire Zone Program, and illustrated the
significant negative impact it will have on local Empire Zone Certified Businesses, as well as
the local economy and economic development in Allegany County. (A copy of Wendall
Brown’s statement is attached to the original minutes.)
Privilege of the floor was also granted to Firemen Tom Cannon, Dick Siegel, and Jeff
Luckey for an informational presentation on the fire in Friendship on December 21, 2008
during which six firefighters were injured. They gave statistics to illustrate the level of
services provided, the value of the gear and equipment present at the fire, possible reasons
for the wall collapse, and ways to prevent future incidents. Updates were given on the
condition of the injured firemen. Legislator Kruger expressed his appreciation for the
firefighters’ expertise and skill in the use of the equipment. (A copy of the PowerPoint
presentation is attached to the original minutes.)
1.
Board meeting minutes from January 26, 2009 were distributed for review.
2.
Annual reports for 2008 from the following departments and agencies were
distributed for review: Cornell Cooperative Extension, County Attorney, County Clerk,
Human Resources, and Probation.
3.
Correspondence from Chief Administrative Judge Ann Pfau, State of NY Unified
Court System, dated February 5, 2009, approving the County’s Court Facilities Capital Plan,
was distributed to each legislator.
4.
An invitation from Attorney General Andrew Cuomo for a Landowners’ Rights
Forum on Oil and Gas Leases, sponsored by the Wellsville Area Chamber of Commerce, to
be held February 25, 2009, at the David A. Howe Library, at 6:30 p.m., was distributed.
5.
Correspondence was received from Cynthia Ungermann-Gowiski regarding
Resolution Intro. No. 32-09 (Authorizing the Purchase of Property from Presutti Family
Members Located in Belmont, New York) and was distributed to each legislator.
6.
The County Treasurer filed Certificates of Withdrawal of Delinquent Tax Liens
pursuant to Article 11 of the Real Property Tax Law for two properties in the Town of Burns in
the Clerk of the Board’s Office on January 27, 2009.
7.
pursuant to Article 11 of the Real Property Tax Law for properties in the Towns of Allen,
Alma, Amity, Bolivar, and Cuba in the Clerk of the Board’s Office on February 4, 2009.
36
8.
Jones Memorial Hospital Board of Directors Resolution to the New York State
Governor and Legislature on the Dedication of Federal Medicaid Assistance for Health Care
was received in the Clerk of the Board’s Office.
9.
Correspondence was received from the Allegany County Association for the
Blind thanking the Board for its continued support.
10.
Correspondence was received from Charlotte Baker commending the fine job
that Veterans’ Service Agency Director Scott Spillane continues to do for the veterans of
Allegany County.
11.
Correspondence was received inviting legislators to attend a Bare Knuckle
Boxing Hall of Fame Event on May 16, in Belfast, from 5 to 8 p.m.
12.
There will be a special Committee of the Whole meeting on Friday, February
13, at 1 p.m. in the Legislative Chambers to discuss and gather information on a potential
Fiber Optic Project for Allegany County.
13.
The Budget and Ways and Means Committee meetings scheduled for 9 a.m.
and 10 a.m. on Wednesday, February 18, will now be held at 1 p.m. and 2 p.m. respectively.
14.
Friendship Empire Zone Resolution No. 1-2009 on Support for the Continuation
of the Empire Zone Program was received in the Clerk of the Board’s Office.
APPOINTMENTS:
The Clerk of the Board announced that Chairman Crandall has appointed Rodney K.
Bennett of Dalton, New York, to serve on the ALLEGANY COUNTY AGRICULTURAL AND
FARMLAND PROTECTION BOARD, coterminous with his designation as Chairman of Soil
and Water Conservation District’s Board of Directors, for a one-year term expiring December
31, 2009.
RESOLUTIONS:
RESOLUTION IN SUPPORT OF THE CONTINUATION OF THE
NEW YORK STATE EMPIRE ZONE PROGRAM
WHEREAS, economic stability and sustainability of our local economy is a vital
concern to the residents and businesses of Allegany County, and
WHEREAS, the County of Allegany needs a balanced economy consisting of a wide
range of various types of businesses, and
WHEREAS, the County of Allegany is cognizant of the need for additional commercial
and industrial businesses to attain such economic stability and sustainability, and
WHEREAS, tax revenue generated by businesses throughout Allegany County and
the State of New York provides much needed relief to individual taxpayers and their families,
and
WHEREAS, the New York State Empire Zone program has been a proven stimulus in
the growth and revitalization of weakened local economies throughout New York State, and
37
WHEREAS, the New York State Empire Zone program has been successful in
bringing thousands of new jobs to its sponsoring counties, and
WHEREAS, the Friendship Empire Zone of Allegany County, established in 1994, has
a long record of facilitating new job growth with 2,933 Empire Zone workers, and new capital
investments totaling $126 million over 14 years, by providing local technical assistance to
Empire Zone Certified Businesses within Allegany County, and
WHEREAS, the continued economic development efforts of the Friendship Empire
Zone of Allegany County will result in attracting new businesses and jobs for the people of
Allegany County, and
WHEREAS, the New York State Empire Zone program has shown great promise for
the economy of Allegany County by piquing the interest of prospective businesses inquiring
from both outside Allegany County and outside the state of New York while at the same time
assisting local companies prepare for growth, and
WHEREAS, the New York State Empire Zone program has a planned sunset date of
June 30, 2011, and
WHEREAS, the Governor’s proposed budget makes sweeping changes to the Empire
Zone program that may lead to litigation, company relocation, and loss of credibility to New
York’s economic development efforts, and
WHEREAS, increasing New York’s already high cost of doing business by raising
business fees and taxes, significantly cutting the state’s business development budget, and
undermining the credibility of our economic development efforts would make New York less
competitive, now, therefore, be it
RESOLVED:
1.
That the Allegany County Board of Legislators hereby requests the State of
New York to continue its Empire Zone stimulus program beyond 2011 to June 30, 2017.
2.
That the New York State Legislature, in an effort to maintain continuity and to
stimulate positive momentum, is encouraged to enact legislation that will make the Empire
Zone program less bureaucratic, less complex, more targeted, and less costly.
3.
That New York State lawmakers, as they work on the state budget, are
encouraged to make every effort to avoid adding more burdens to employers - whether
through taxes, fees, wage mandates or regulations.
4.
That certified copies of this resolution shall be forwarded to New York State
Governor David A. Paterson, Senate Majority Leader Malcolm A. Smith, Assembly Speaker
Sheldon Silver, Assembly Majority Leader Ron Canestrari, Senate Minority Leader Dean
Skelos, Assembly Minority Leader James Tedisco, Senator Catharine M. Young,
Assemblyman Joseph M. Giglio, Assemblyman Daniel Burling, Coordinator of the Friendship
Empire Zone of Allegany County Wendall E. Brown, and Director of the Empire Zone
Program Randal Coburn.
Adopted: Roll Call
38
RESOLUTION INTRO. NO. 32-09 (AUTHORIZING THE PURCHASE OF PROPERTY
FROM PRESUTTI FAMILY MEMBERS LOCATED IN BELMONT, NEW YORK) was
TABLED following a motion made by Legislator Kruger, seconded by Legislator Truax and
carried on a roll call vote of 7 Ayes, 5 Noes, 3 Absent (Voting No: Crandall, Fanton, Hopkins,
Pullen, Reynolds). The property referred to in the proposed resolution is located at 21 Court
Street, and the purchase price is $70,000. Legislator Kruger moved to table the resolution
due to the lack of a property description, and there was no market value given. He did some
research and found that the property is .32 acres and has a market value of $38,000.
Because the lot will probably be used for parking, demolition costs need to be figured. Mr.
Kruger felt there were other alternatives to look into, such as building near the jail, and he
was also opposed to taking another property off the tax rolls.
RESOLUTION AUTHORIZING THE OFFICE FOR THE AGING DIRECTOR TO
PURCHASE A NEW MINI CARGO VAN
Offered by: Human Services and Ways and Means Committees
WHEREAS, that Resolution No. 114-2005 established a vehicle purchase and
replacement capital account within the capital fund, and
WHEREAS, this fund was established to provide a cost center for the purchase and
replacement of County vehicles other than heavy equipment, and
WHEREAS, withdrawals from such account shall be made only by resolution of the
Board of Legislators upon the recommendation of the Ways and Means Committee, and
WHEREAS, the Office for the Aging Director is requesting approval for the purchase of
a new mini cargo van for the Meals-on-Wheels Program for an estimated cost of $16,586,
now, therefore, be it
RESOLVED:
1.
That this Board of Legislators approves the request from the Office for the
Aging Director for the purchase of a new mini cargo van for the Meals-on-Wheels Program.
Moved by: Mr. Truax
Adopted: Roll Call
TRANSFER OF APPROPRIATION AND REVENUE FUNDS WITHIN
HEALTH DEPARTMENT'S 2009 OPERATING BUDGET
RESOLVED:
1.
That the sum of $7,800 is transferred as follows: $700 from Account No.
A4052.2 to Account No. A4054.2, $7,100 from Account No. A4052.4 to Account No. A4054.4.
2.
That the sum of $17,897 is transferred from Revenue Account No. A10.3401.02
to Revenue Account No. A10.3401.4054.
39
Moved by: Mr. Truax
Adopted: Roll Call
(Memo: The transfers referred to in Resolution No. 29-09 were necessary in order to
separate the Early Intervention Administration Grant funding and the Children with Special
Health Care Needs Grant funding at the County level, because they have now become
separate grants at the NYS Department of Health level. EI Administration will remain under
Account A4052, and CSHCN will become Account A4054.)
TRANSFER OF FUNDS WITHIN MENTAL HEALTH ACCOUNTS
RESOLVED:
1.
That the sum of $16,544 is transferred from Account No. A4313.4 as follows:
$7,500 to Account No. A4317.1, $7,249 to Account No. A4317.4, and $1,795 to Account No.
A4317.8
2.
A4317.1.
That the sum of $572 is transferred from Account No. A4310.1 to Account No.
Moved by: Mr. Russo
Adopted: Roll Call
(Memo: The transfers referred to in Resolution No. 30-09 were requested to separate
Assisted Outpatient Treatment [AOT] fees, presently budgeted under Accounts A4310 and
A4313, into a new account.)
REAPPROPRIATION OF 2008 CALENDAR YEAR GRANT FUNDS
FROM THE NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES
FOR STUDY OF A COUNTY-WIDE ASSESSING PROGRAM
RESOLVED:
1.
That New York State Office of Real Property Services grant funds in the amount
of $25,000 not spent in calendar year 2008 is reappropriated to Account No. A1355.432 with
a like sum credited to Revenue Account No. A15.599.00.
Adopted: Roll Call
(Memo: The reappropriation of grant funds approved in Resolution No. 31-09 was necessary
due to overlapping fiscal years. The study of County assessing programs funded by the
grant must be completed by March 1, 2009, and if so, there is an additional $25,000
component available. The grant was originally accepted by Resolution No. 62-08.)
40
APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND
LABELLA ASSOCIATES, PC
Offered by: Court Facilities and County Space Needs and
Ways and Means Committees
RESOLVED:
1.
Subject to approval of the County Attorney as to form, this Board approves
entering into an Agreement with LaBella Associates, PC for final design services for the
Allegany County Court Facility, along the terms of the proposal of January 21, 2009, received
from LaBella Associates, PC.
2.
That the Chairman of this Board is authorized to execute said Agreement.
Adopted: Roll Call
Voting No: Kruger, Truax
(Memo: The fee for services included in the agreement approved by Resolution No. 32-09 is
$994,000.)
Resolution Intro. No. 38-09 (Resolution Urging the State of New York to Take Action to
Lessen the Burden on Allegany County Taxpayers of Housing Parole Violators and State
Ready Inmates at the Allegany County Jail) was not pre-filed and was considered from the
floor on a motion made by Legislator Kruger, seconded by Legislator Reynolds and carried by
an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION URGING THE STATE OF NEW YORK TO TAKE ACTION TO
LESSEN THE BURDEN ON ALLEGANY COUNTY TAXPAYERS OF
HOUSING PAROLE VIOLATORS AND STATE READY INMATES AT
THE ALLEGANY COUNTY JAIL
WHEREAS, county jails in New York State continue to house increasing numbers of
parole violators, including parole violators held on technical charges and parole violators who
have become state ready and are awaiting transfer to a state correctional facility, and
WHEREAS, many jails report that a significant portion of their entire jail population is
comprised of such parole violators and state ready inmates, and
WHEREAS, in many county jails the average length of stay of a parole violator prior to
his final parole hearing is one hundred twenty (120) days, and
WHEREAS, there are sixty-nine state correctional facilities, in addition to the 902-bed
Willard Drug Treatment in Seneca County, New York, meaning that there is a state
correctional facility in or near each county of New York State, and
WHEREAS, the number of inmates incarcerated in state prisons has been reduced so
significantly in recent years that the Governor and some members of the New York State
Legislature have called for a closing of several state correctional facilities, and
41
WHEREAS, these inmates held on parole violations have always been considered a
State responsibility, although the State reimburses counties for only a portion of the housing
costs incurred in maintaining these inmates while their parole revocation proceedings are
held and completed, and provides no reimbursement for medical costs for such inmates
incurred by New York State counties, and
WHEREAS, Governor Paterson in his proposed 2009-2010 state budget has
suggested elimination of all funding to counties for housing such parole violator inmates on
behalf of the State of New York, now therefore, be it
RESOLVED:
1.
That Allegany County should seek appropriate relief from the Division of Parole
and the Department of Correctional Services to lessen the amount of time that parole
violators and state ready inmates are held at county jails.
2.
That Allegany County urges the State of New York to pass legislation to allow
parolees awaiting a parole violation hearing to be incarcerated in a State Correctional facility
in or near the county where the alleged parole violation occurred, rather than in a county jail.
3.
That until such time as a parolee awaiting a parole violation hearing is held at a
State Correctional facility, that Allegany County should be entitled to reasonable
compensation for housing such alleged parole violator inmates, at a sum equal to the actual
cost of confinement, including actual medical expenses incurred by the County.
4.
David A. Paterson, New York State Department of Correctional Services Commissioner Brian
Fischer, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio,
NYSAC, and the InterCounty Association of Western New York.
Moved by: Mr. Truax
Adopted: Roll Call
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator McCormick and
Program paid year-to-date is $867,180.)
Truax, seconded by Legislator Reynolds and carried.
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REGULAR SESSION - FEBRUARY 23, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge was led by retired United States Air
Force Chief Master Sergeant Homer Wilson.
The Board meeting minutes of January 26, 2009 were approved on a motion made by
Legislator Dibble, seconded by Legislator Truax and carried.
The Board meeting minutes of February 6, 2009 were approved on a motion made by
Legislator Truax, seconded by Legislator Pullen and carried.
Chairman Crandall presented a certificate to Homer L. Wilson, retired United States
Air Force Chief Master Sergeant E-9, in grateful appreciation of his service to our country.
Mr. Wilson’s active enlistment was from 1943 to 1946. Bases and assignments included
Gulfport, Mississippi; Goldsboro, North Carolina; Fort Meyers, Florida; Columbia, South
Carolina; and Hickham Field, Hawaii. Overseas duty included Christmas Island, New
Guinea, Philippines, and Okinawa. Among his many commendations, awards, and medals
were, to name just a few, the Air Force Commendation Medal, Presidential Unit Citation,
Good Conduct Medals, American Defense Service Medal, Asiatic-Pacific Campaign Medal
with one silver and three bronze stars, World War II Victory Medal, Air Force Longevity
Service Medal, and numerous ribbons. Following active duty, Mr. Wilson enlisted in the
Reserves, attached to both the Wellsville, NY and Niagara Falls, NY units. He remained in
the Reserves until his retirement in 1983 after 36 years of service.
Mr. Wilson led the Pledge of Allegiance to the Flag at the beginning of the meeting as
part of the Veterans’ Honorary Pledge of Allegiance Program instituted this year to promote a
deeper appreciation for the privileges we have in this country. Flyers have been prepared to
raise awareness of the program, and Veterans’ Service Agency Director Scott Spillane is
working with veterans’ service organizations to extend invitations.
Chairman Crandall granted privilege of the floor to County Government Intern Program
Instructor Warren Schmidt. The 2009 Interns were introduced, and the roster included eight
students from Cuba-Rushford, seven students from Genesee Valley, two students from Scio,
and two students from Wellsville.
Privilege of the floor was also granted to John Jessop, President of the Rushford
Historical Society, for the official presentation of their Bicentennial Book. The new book,
entitled “Spirit of Rushford,” is Volume 2 and covers the years of 1958 through 2008. Mr.
Jessop also donated a copy of Volume 1 and requested that both books be placed in the
County museum.
Representatives from the following departments and agencies were present to answer
questions regarding their 2008 Annual Reports: Cornell Cooperative Extension, County
Attorney, County Clerk, Human Resources, and Probation.
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1.
The 2008 Annual Report of the County Treasurer of the monies received and
disbursed by her in connection with the licensing of dogs and protection of domestic animals
there from in accordance with Article 7 of the Agriculture and Markets Law was received. A
motion was made by Legislator Reynolds, seconded by Legislator Hopkins and carried to
accept the report and direct the County Treasurer to apportion to the towns 75 percent of the
surplus, amounting to $6,310.77.
2.
March 2009 Board and Committee meeting calendar.
3.
Committee of the Whole meeting minutes of February 13, 2009, for review.
4.
The 2008 Annual Reports from the following departments and agencies were
distributed for review: Office for the Aging, Community Services, Coroners, Board of
Elections, Emergency Services, Fire Service, Health Department, Public Works, and Real
Property Tax Service Agency. Representatives will be present at the next Board meeting to
answer questions regarding those reports.
5.
The 2009 Allegany County Directory of County, Town, and Village Contacts.
6.
month of January 2009.
7.
Report of Tax Bill Corrections approved by the County Administrator for the
month of January 2009.
1.
The County Treasurer filed the 2008 Community College Year-End Report in
the Clerk of the Board’s Office on February 18, 2009. Summary sheets were distributed to all
Legislators.
2.
Noted received were the Southern Tier West Regional Planning and
Development Board meeting minutes of December 11, 2008, and their meeting notice for
February 19, 2009.
3.
Correspondence was received from the Allegany County Comprehensive Plan
Implementation Group strongly supporting the proposal to contract with the Greater Allegany
County Chamber of Commerce for Tourism services.
4.
A reminder was given for the special Committee of the Whole meeting
tomorrow, February 24, at 7 p.m. at the Crossroads Center.
5.
Correspondence was received from Attorney General Andrew M. Cuomo
inviting Legislators to attend a Landowners’ Rights Forum for discussion on oil and gas
leases at the David A. Howe Public Library in Wellsville on February 25, at 6:30 p.m.
6.
A news release was received from Southern Tier West Regional Planning and
Development Board highlighting their February 19 meeting.
7.
Notice was given for the next Inter-County Association meeting to be hosted by
Allegany County at Alfred University on March 20. More information will be available soon.
44
APPOINTMENTS:
The Clerk of the Board announced that Chairman Crandall has appointed the following
to serve as members on the FIBER OPTIC BACKBONE AD HOC COMMITTEE to serve at
his pleasure:
William M. Hall, Chairman
Curtis W. Crandall
William G. Dibble
David T. Pullen
John E. Foels
Jerry Scott
Michael Johnsen
RESOLUTIONS:
APPROVAL AND ADOPTION OF ALLEGANY COUNTY
WORKPLACE VIOLENCE POLICY
RESOLVED:
1.
That the Allegany County Board of Legislators adopts the Workplace Violence
Policy, as set forth below, which was presented and approved at a meeting of the Personnel
Committee held on February 4, 2009, as the official policy of the County:
POLICY PROHIBITING WORKPLACE VIOLENCE
January 1, 2009
POLICY STATEMENT:
Allegany County is concerned and committed to the safety and health of our employees. We
have a zero tolerance policy towards violence, threats of violence, harassment, intimidation,
bullying and other disruptive behavior in the workplace. We will provide the necessary
resources to meet our goal of a safe workplace.
We require the prompt and accurate reporting of all violent incidents whether or not physical
injury has occurred. All reports of incidents are taken seriously and dealt with appropriately.
Employees who are found to have violated this policy are subject to disciplinary action, up to
and including termination. Allegany County will not discriminate against victims of workplace
violence.
All employees, including managers and supervisors, are responsible for using safe work
practices, following all policies and procedures, and for assisting in maintaining a safe and
secure work environment.
DEFINITIONS:
Workplace Violence
Workplace violence is defined as any act that occurs in the workplace that creates a hostile
work environment that affects employees’ physical or psychological well-being. This can take
45
the form of harassment, verbal threats, aggressive or threatening behavior, and physical
assault or abuse.
A workplace may be any location either permanent or temporary where an employee
performs any work-related duty. This includes, but is not limited to, County property, clients’
homes and traveling to and from work assignments.
Types of workplace violence that can occur are:




Violence by strangers
Violence by customers or clients
Violence by co-workers, subordinates, and supervisors
Violence by personal relations
PROHIBITED BEHAVIOR:
Prohibited conduct includes, but is not limited to:








Injuring another person physically
Engaging in behavior that creates a reasonable fear of injury to another person
Engaging in behavior that subjects another person to extreme emotional distress
Possessing, brandishing, or using a weapon that is not required by the individual’s
position while on County property or engaging in County business
Intentionally damaging property
Threatening to injure an individual or to damage property
Committing injurious acts motivated by, or related to, domestic violence or sexual
harassment
Retaliating against any employee who reports a violation of this policy
PROCEDURE:
1. Any incident that constitutes a potential or actual threat of violence towards an
employee must be reported to a Supervisor. The circumstances of the incident may
dictate the incident first be reported to the Sheriff’s Office, Department Head, or
Personnel Officer/Designee.
2. Supervisors will take any appropriate actions to eliminate any immediate risk/danger if
they exist.
3. Employees will preserve, to the extent possible, any physical evidence.
4. Following a report of an incident, the Personnel Officer along with the appropriate
Department Head shall coordinate an immediate investigation. If appropriate, this
investigation will be in cooperation with the Sheriff’s Office.
5. Any disciplinary actions will be applied according to established procedures:
 Section 75 “Disciplinary Proceedings” of the Civil Service Law
 Article XVIII “Removal and Other Disciplinary Action” of the Collective Bargaining
Agreement between the County and the Deputy Sheriff’s Association, Local 3989
 Article 18 “Removal and Other Disciplinary Action” of the Collective Bargaining
Agreement between the County and AFSCME, Local 2574
 Section 3.07 “Post-Probationary Discipline” of the Collective Bargaining Agreement
between the County and the New York State Nurses’ Association
 Allegany County Disciplinary Manual
46
6. Criminal investigations will be the responsibility of the Allegany County Sheriff.
2.
That the Clerk of this Board is directed to post a copy of such policy on the
official County bulletin board, to post copies as required by any collective bargaining
agreement to which the County is a party, and to deliver a copy of the policy to all County
departments and offices to which the policy applies for review and execution by all covered
employees.
3.
This resolution shall take effect immediately.
Moved by: Mr. Hall
Adopted: Roll Call
RESOLUTION ESTABLISHING SOLID WASTE USER FEES FOR YEAR 2010
RESOLVED:
1.
The following user fees shall be charged to users of the Allegany County Solid
Waste System during the year 2010:
Landfill User Fee - $40 per ton user fee paid at the Landfill at the time of disposal of
solid waste or at such other time as shall be specified by the Superintendent of Public
Works. There shall be charged a minimum scale fee of $5. The user fee to be paid
for the disposal of Contaminated Soil shall be $23 per ton and the user fee for Waste
Water Treatment Plant Sludge shall be $35 per ton, paid at the Landfill at the time of
disposal or at such other time as shall be specified by the Superintendent of Public
Works.
Adopted: Roll Call
RESOLUTION SETTING DATE FOR PUBLIC HEARING ON
EIGHT-YEAR REVIEW OF AGRICULTURAL DISTRICT NUMBER FOUR
WHEREAS, Agricultural District Number Four within the Towns of Alfred, Andover,
Independence, Ward and Willing, was originally created as Agricultural District Number Six
on August 7, 1977, and renamed Agricultural District Number Four on May 28, 2002, and
modified and continued on February 25, 2008 by Resolution No. 36-2008, and
WHEREAS, pursuant to Agriculture and Markets Law § 303-a an eight-year review of
the District is required, and
WHEREAS, a thirty-day notice of such review has been given, and
WHEREAS, the report of the Agricultural and Farmland Protection Board has been
prepared recommending a continuation of this District with modifications in acreage, and
47
WHEREAS, the law requires that a public hearing be held on such review, now,
therefore, be it
RESOLVED:
1.
That a public hearing on the review of Agricultural District Number Four shall be
held by this Board at the County Legislators' Chambers, Room 221, County Office Building, 7
Court Street, Belmont, New York on March 23, 2009, at 2:00 P.M.
2.
That the Clerk of the Board of Legislators shall prepare, with the assistance of
the County Attorney, a notice of the public hearing, and cause such notice to be published in
the Olean Times Herald and mailed in accordance with Section 303-a of the Agriculture and
Markets Law.
Adopted: Voice Vote
APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT OF TWO MEMBERS TO
REGION NINE FISH AND WILDLIFE MANAGEMENT BOARD
Pursuant to Environmental Conservation Law § 11-0501
RESOLVED:
1.
That the appointment by the Chairman of this Board of Gilbert Childs, to the
Region Nine Fish and Wildlife Management Board, as a Sportsmen’s Representative
Member to fill the unexpired term of Derwood Say, with term of office commencing January
12, 2009 and expiring December 31, 2009, is approved.
2.
That the appointment by the Chairman of this Board of Phil May, to the Region
Nine Fish and Wildlife Management Board, as a Landowner's Representative Member, with
term of office commencing January 1, 2009 and expiring December 31, 2010, is approved.
Adopted: Voice Vote
REAPPOINTMENT OF COUNTY GRANGE APPOINTEE TO THE ALLEGANY COUNTY
SOIL AND WATER CONSERVATION DISTRICT BOARD
RESOLVED:
1.
That Curtis Rung is reappointed to the Allegany County Soil and Water
Conservation District Board, as County Grange Appointee, with term of office commencing
January 1, 2009 and expiring December 31, 2011.
48
Adopted: Voice Vote
UNEXPENDED HOMELAND SECURITY GRANT FUNDS FROM
NEW YORK STATE OFFICE OF HOMELAND SECURITY FOR CALENDAR YEAR 2007
AND REAPPROPRIATED IN CALENDAR 2008 ARE
REAPPROPRIATED TO HOMELAND SECURITY ACCOUNTS
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1.
That Homeland Security Program grant funds in the amount of $10,617 not
spent in calendar year 2007 and reappropriated in 2008, are reappropriated to Account No.
A3645.217 (Homeland Security – Equipment) with a like sum credited to Revenue Account
No. A10.3306.SHF7 (Homeland Security – Sheriff’s Office).
2.
That Homeland Security grant funds in the amount of $63,000 not spent in
calendar year 2007, and reappropriated in 2008, are reappropriated to Account No.
A3645.218 (Homeland Security – Equipment) with a like sum credited to Revenue Account
No. A10.3306.EMG8 (Homeland Security State Aid – Emergency Services).
Adopted: Roll Call
(Memo: Regarding Resolution No. 39-09, the grant funds being reappropriated in the first
paragraph are Law Enforcement Terrorism Prevention Program, or LETPP, funds originally
accepted by Resolution No. 83-07 and reappropriated by Resolution No. 75-08. The grant
funds being reappropriated in the second paragraph are for Communication System
Enhancement and were originally accepted by Resolution No. 50-08.)
ACCEPTANCE OF HOMELAND SECURITY GRANT FUNDS FROM THE
NEW YORK STATE OFFICE OF HOMELAND SECURITY AND
APPROPRIATION OF SUCH FUNDS TO HOMELAND SECURITY ACCOUNTS
RESOLVED:
1.
That a Homeland Security Grant from the New York State Office of Homeland
Security in the amount of $23,750 for the State Law Enforcement Terrorism Prevention
Program (SLETPP) is accepted.
2.
That the sum of $23,750 is appropriated to Account No. A3645.217 (Homeland
Security – Equipment) with a like sum credited to Revenue Account No. A10.3306.SHF7
(Homeland Security – Sheriff’s Office).
Adopted: Roll Call
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ACCEPTANCE OF 2008-2011 HOMELAND SECURITY SHSP GRANT FROM THE
NEW YORK STATE OFFICE OF HOMELAND SECURITY AND
APPROPRIATION OF GRANT FUNDS TO HOMELAND SECURITY ACCOUNTS
RESOLVED:
1.
That a Homeland Security SHSP grant from the New York State Office of
Homeland Security in the amount of $71,250 is accepted.
2.
That the sum of $71,250 is appropriated to Account No. A3645.218 (Homeland
Security – Equipment) with a like sum credited to Revenue Account No. A10.3306.EMG8
(Homeland Security – OES).
Adopted: Roll Call
ACCEPTANCE AND APPROPRIATION OF CHECK FROM THE
SAVE CANEADEA BRIDGE COMMITTEE
RESOLVED:
1.
That a check in the amount of $9,037.42 from the Save Caneadea Bridge
Committee is accepted.
2.
That the accepted sum of $9,037.42 is appropriated to Account No.
D.822.CNDA.
Adopted: Roll Call
Comments made regarding Resolution No. 42-09: Several Legislators made note of the
tremendous effort and devotion to community exemplified by Maxine Schembri and Miriam
Morton, who spearheaded the campaign to save the Caneadea Bridge (located on County
Road 46). At the time, there was concern that if the bridge was closed, it would cut off a
significant number of residents from the rest of the town. The donated funds will be put in a
separate account to assist in the future with needs related to that bridge, such as guide rails.
APPROVAL OF ALTERNATIVES TO INCARCERATION SERVICE PLAN UPDATES
FOR JANUARY 1, 2009 TO DECEMBER 31, 2009
AS SUBMITTED BY COUNTY PROBATION DIRECTOR;
AUTHORIZING PROBATION DIRECTOR TO EXECUTE DOCUMENTS AND
AUTHORIZING CHAIRMAN TO CERTIFY APPROVAL
Pursuant to Executive Law Article 13-A-Alternatives to Incarceration Service Plans
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RESOLVED:
1.
That the Alternatives to Incarceration Service Plan Updates for January 1, 2009
to December 31, 2009, in relation to the continuation of the County’s Pretrial Release
Program and Community Service Program, are approved.
2.
The Director of Probation is authorized to execute and deliver all agreements
necessary to complete the approval process of the Plan Updates.
3.
That the Chairman of this Board is authorized to certify such approval on such
Plan Updates.
Adopted: Roll Call
APPROVAL OF TRANSPORTATION MANAGEMENT AGREEMENT
BETWEEN ALLEGANY COUNTY AND ALLEGANY ARC
RESOLVED:
1.
That the Transportation Management Agreement between Allegany County and
Allegany Arc commencing March 2, 2009 and expiring March 2, 2012, is approved.
2.
That the Chairman of this Board is authorized to execute said agreement.
Adopted: Roll Call
(Memo: The agreement approved by Resolution No. 44-09 incorporates into the County’s
Public Transit System the operation of the Allegany Arc transportation component. This
action permits the County to obtain New York State Transportation Operating Assistance
[STOA] based upon the number of miles and number of passengers carried by the Arc
transportation system and is expected to generate additional revenue for the County in the
amount of $125,000 to $150,000 per year.)
Legislator Kruger pointed out that many of the legislators weren’t involved in the discussions
about this agreement, but are being asked to vote with no information at all. He suggested
that the matter be tabled, and it could be discussed at the Committee of the Whole meeting
on February 24. Legislator O’Grady suggested that agreements be attached to proposed
resolutions for review, because if a Legislator isn’t on Ways and Means, he doesn’t get the
information. Chairman Crandall noted that Dean McKnight from Arc and Carrie Whitwood
from the Allegany-Western Steuben Rural Health Network were present to answer questions.
Legislator Hall commented that the Transportation Task Force was invited to a Committee of
the Whole meeting a few months ago to talk about what they were doing and what was
needed to move forward in order to cut County costs while still continuing the program. This
agreement is the first key benchmark and will allow an agency that previously couldn’t
provide transportation to the general public to do so. STOA funding will also be available to
help with public ridership on the system and to cut the County’s contribution.
51
Legislator Kruger voiced concern that this agreement will obligate the County to continue
supporting the system. County Administrator John Margeson noted that there is a 60-day
“out” clause.
Legislator Reynolds noted that the reason this process began was because the County was
losing a substantial amount of money. Carrie Whitwood has expended a tremendous amount
of effort on this with the goal to provide service at less cost.
Legislator Burdick questioned if the increased revenue included in this year’s budget was
estimated at the time assuming this contract and STOA funding would be implemented. Mr.
Margeson replied that it was, and the figures are in line with estimates. Mr. Ungermann
asked if the cost effectiveness of the program was looked at yet.
Carrie Whitwood explained that this contract for the transportation system, which will now be
called “Allegany Rides,” is key to moving the County’s mobility management plan forward.
We can look at where ACT is going and improve and rework that system to reach previously
unserviced areas and employers. They will be bringing in a federally-funded manager. As
soon as the system goes public, it will bring in STOA money to offset County costs, cutting
them in half, if not more. There are no County dollars involved in this agreement.
Legislator Hall commented that routes will be changed to ensure that people who need rides
will have them, and the manager will help. There will also be a marketing campaign to help
encourage ridership, which will help tremendously.
Resolution Intro. No. 50-09 (Resolution to Pursue Grant Funding for the Creation of a
Municipal Based Open Access Fiber Optic Backbone to Service the Needs of Allegany
County) was not pre-filed and was considered from the floor on a motion made by Legislator
Dibble, seconded by Legislator Hall and carried by an affirmative voice vote of the requisite
two-thirds of the Board membership.
RESOLUTION TO PURSUE GRANT FUNDING FOR THE CREATION OF A
MUNICIPAL BASED OPEN ACCESS FIBER OPTIC BACKBONE TO
SERVICE THE NEEDS OF ALLEGANY COUNTY
WHEREAS, Allegany County recently undertook a study of its telecommunications
infrastructure and the needs of its various constituencies utilizing telecommunication
services, and
WHEREAS, it has become readily apparent that current telecommunication services
are inadequate to meet the ever increasing demands of our local businesses, schools, health
care providers and residents, and
WHEREAS, in order to provide quality health care at a reasonable cost to our local
residents, local health care providers need an upgraded and expanded telecommunications
system so as to take advantage of recent developments in the area of telemedicine, and
WHEREAS, in order to provide our public school children with the full benefits of
online teaching and other educational resources, our public schools will require an upgraded
and expanded telecommunications system that provides economical access to such
resources, and
52
WHEREAS, in order to effectively compete with institutions of higher learning around
the world, our local colleges and university must be able to take advantage of and offer a full
range of online educational services, and
WHEREAS, in order to assist the Center for Advanced Ceramic Technology at Alfred
University in performing its mission of ongoing research and collaboration with other research
centers around the world, a state of the art telecommunications infrastructure is critical to
such mission, and
WHEREAS, in order to compete effectively with businesses around the world, our
local businesses need to be able to take advantage of the latest telecommunication advances
so as to effectively market themselves and provide products and services in the most cost
effective manner, and
WHEREAS, in order to adequately protect the health and safety of our County
residents, our first responders need to be able to take advantage of advances in
telecommunications, and
WHEREAS, in order to reduce the significant tax burden on Allegany County residents
while enhancing our quality of life, we must be able to provide advanced telecommunications
services for both our businesses and homes, and
WHEREAS, the County believes that the installation of a County-wide fiber optic
backbone will immediately result in the creation of a significant number of new jobs and will
provide a basis for significant continued job growth into the future, now therefore, be it
RESOLVED:
1.
That the Allegany County Board of Legislators approves in principle the concept
to create an open access fiber optic backbone network within Allegany County.
2.
That the Chair of the Allegany County Board of Legislators is authorized to
apply for grant funds to be used for the creation of an open access fiber optic backbone
network within Allegany County.
Adopted: Roll Call
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Pullen and adopted
on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling
Program paid year-to-date is $1,214,052.)
Truax, seconded by Legislator Kruger and carried.
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53
BOARD OF LEGISLATORS SESSION MINUTES, MARCH 9, 2009
REGULAR SESSION - MARCH 9, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by United
States Army Captain Scott Golden.
INVOCATION: The Invocation was given by Legislator Hopkins.
ROLL CALL: 13 Present; 2 Absent (Legislators Reynolds and Truax).
The Committee of the Whole meeting minutes of February 13, 2009 were approved on
a motion made by Legislator Fanton, seconded by Legislator Hall and carried.
The Board meeting minutes of February 23, 2009 were approved on a motion made by
Legislator Pullen, seconded by Legislator Dibble and carried.
The Committee of the Whole meeting minutes of February 24, 2009 were approved on
a motion made by Legislator McCormick, seconded by Legislator Pullen and carried.
Chairman Crandall presented a certificate to Scott D. Golden, United States Army
Captain, in grateful appreciation of his service to our country. Mr. Golden’s active service
dates were from September 1996 through the present. He spent most of last year with a joint
task force in Afghanistan, primarily serving as a medic, including civilians and children. Scott,
who was accompanied by his father, Dave, acknowledged the recognition and noted that he
was on leave spending time with family before going back to work next month. Mr. Golden
led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the
Veterans’ Honorary Pledge of Allegiance Program instituted this year to promote a deeper
appreciation for the privileges we have in this country.
Chairman Crandall granted privilege of the floor to Lisa Lee, Literacy Volunteers
Executive Director, regarding Career Day. This year marks the eighth year of the Business
Education Community Coalition (BECC) conducting Career Day, which was originally started
by J. Dennis Kirst. The event, organized through a lot of volunteer effort, will be held on
Thursday, March 18, at the Wellsville Central School. Over 70 different careers and 49
businesses will be represented. Legislators were invited to attend.
Privilege of the floor was also granted to Dianne Baker, Cornell Cooperative Extension
Executive Director, who gave an overview of Cooperative Extension’s activities and what the
County receives in return for their investment. Last year, contacts including phone calls,
educational meetings, and print media numbered in the tens of thousands for the major
program areas of Youth Development, Public Health, Agriculture, and Family and Consumer
Science. They reach a lot of people, providing information on a variety of topics to make life
better. The County’s 2009 appropriation is $200,850, which represents an increase over last
year, and in return Cooperative Extension gives back over $187,000 to the County by
payment of fringe benefits for thirteen Health Department contract employees in the Women,
Infants, and Children (WIC), Bioterrorism/Disaster Preparedness, and Health and Cancer
Education Programs. Another County benefit of the WIC Program is the use of vouchers by
participants to purchase over $1 million worth of goods at retail locations throughout the
County. Ms. Baker pointed out that the biggest share of the County appropriation goes
toward staffing, which leaves about $17,000 for things like insurance, mileage, and supplies.
54
To make this stretch as far as possible, they have made cuts in all areas: staff hours were
reduced by 2.5 hours per week, mileage was capped, all non-mandatory travel was
eliminated, and only one newspaper, as opposed to three, will be published this year. They
are trying to continue the job they are doing, and Ms. Baker noted that if the County
appropriation was eliminated, they would have to close their doors because they are required
to have local government support. They don’t receive a lot of other funding; during the past
year they had just over $10,000 in grants for salaries, which is not a large amount. The
biggest share of funding is through County government.
Representatives from the following departments and agencies were present to answer
questions regarding their 2008 Annual Reports: Office for the Aging, Community Services,
Coroners, Board of Elections, Emergency Services, Fire Service, Health Department, Public
Works, and Real Property Tax Service Agency.
Privilege of the floor was granted to Legislator David Pullen who addressed the Board
on Economic Recovery and Reinvestment Act issues. Mr. Pullen located a document, or
handbook, on the Governor’s website that will aid in the process of figuring how to get funds
from the “greatest giveaway in history.” There are many different programs available in New
York and quite a number that could potentially benefit Allegany County, some that local
governments would qualify for, provisions for non-profits such as fire departments and
ambulance companies, and provisions for housing. It’s very important to get the word out.
Mr. Pullen suggested that Legislators review the information, and make their local districts
aware of the handbook and the Governor’s website. There will be several hundred million
dollars coming to Allegany County, and this is a chance to get funding that will be a one-time
opportunity. Mr. Pullen noted that he basically doesn’t support this massive giveaway of
public dollars, but since it’s done and the money is going to be given away, we owe it to our
constituents to get every penny we can. The handbook also includes agency contact people
for the programs we’ll be dealing with. There’s been no decision made yet on how to
respond or whose responsibility it is, but this will take a lot of time and every Legislator and
major community leader should be involved. Allegany County needs to be heard and not left
behind. We need to follow through. Mr. Pullen suggested that we may need to use some of
the funding for the Federal Medical Assistance Percentage (FMAP) program to fund staffing
to look into this. An Assistant County Administrator position was established in 2008, and
possibly that position should be filled now, either to handle this responsibility, or to free up
some of the County Administrator’s time for it. The money will be given away, and we need
to take advantage of the opportunity.
1.
Copies of the 2008 Annual Reports from the following departments and
agencies were distributed for review: Employment and Training, Public Defender, Soil and
Water Conservation District, STOP DWI Program, Veterans’ Service Agency, Workers’
Compensation, and Youth Bureau. Representatives will be present at the next Board
meeting to answer questions regarding those reports.
2.
The Real Property Tax Service Agency Director filed a copy of the County-wide
Collaborative Assessing Considerations for Allegany County Study in the Clerk of the Board’s
Office on February 18, 2009.
3.
The County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Lien in
the Clerk of the Board’s Office on February 26, 2009 for property in the Town of Scio,
pursuant to Article 11 of the State of New York Real Property Tax Law.
4.
Notice was received for the next InterCounty Association meeting to be hosted
by Allegany County at Alfred University on March 20. RSVPs should be made by March 12.
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5.
Town of Grove Resolution No. 1-09 and Northeast Allegany County Coalition
Resolution No. 09-01, Seeking Assistance and Support from Government Representatives to
Provide the Emphasis and Incentives to Verizon Communications to Provide Vital
Technological Services, were received.
6.
Correspondence was received from the Northeast Allegany County Coalition
supporting and recommending having the Greater Allegany County Chamber coordinate
tourism.
7.
Correspondence was received from the Allegany County Dairy Princess inviting
Legislators to attend the 45th Annual Dairy Princess Pageant on April 4, 2009.
PROCLAMATION:
Chairman Crandall proclaimed March 19, 2009, as the 8th Annual Career Day in
Allegany County, in recognition of the importance of successful career decisions for our
youth, and urged residents to attend the event to be held March 19 at the Wellsville Central
School.
RESOLUTIONS:
Prior to consideration of Resolution Intro. No. 51-09 (Requesting State Legislative
Representatives to Introduce and Seek Passage of Legislation Authorizing Allegany County
to Continue the Additional One and One-Half Percent County Sales Tax for Three Years),
Legislator Dibble, Majority Leader, requested a Republican Caucus at 2:35 p.m. Following
the caucus, Chairman Crandall reconvened the meeting at 2:40 p.m.
REQUESTING STATE LEGISLATIVE REPRESENTATIVES TO
INTRODUCE AND SEEK PASSAGE OF LEGISLATION
AUTHORIZING ALLEGANY COUNTY TO CONTINUE THE ADDITIONAL
ONE AND ONE-HALF PERCENT COUNTY SALES TAX FOR THREE YEARS
WHEREAS, the only two substantial tax revenues available to Allegany County are
real property and sales, and
WHEREAS, Allegany County is at its sales tax limit, and
WHEREAS, by Chapter 121 of the 2007 Laws of the State of New York, the County of
Allegany was authorized to impose an additional one and one-half percent sales tax for the
period December 1, 2007 to November 30, 2009, and
WHEREAS, by Resolution No. 170-07, such additional sales tax was imposed for such
period, and
WHEREAS, Allegany County is presently at 80 percent of its constitutional taxing limit
for real property taxes, and
WHEREAS, Allegany County will be at 100 percent of such constitutional taxing limit if
such additional sales tax is not reauthorized, and
WHEREAS, Allegany County has had no substantial growth in real estate assessed
valuation in the past five years, and
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WHEREAS, in the current economic condition of Allegany County any substantial
increase in real property taxes would put in financial jeopardy the County's large percentage
of senior citizens with fixed incomes who would have no choice but to pay such taxes out of
such fixed incomes, now, therefore, be it
RESOLVED:
1.
That the Allegany County Board of Legislators requests our State legislative
representatives to introduce and seek passage, in the State Senate and Assembly, legislation
to authorize Allegany County to continue its additional one and one-half percent County sales
tax for at least the period December 1, 2009 to November 30, 2012.
2.
That the Clerk of this Board is directed to send certified copies of this resolution
to Senator Catharine M. Young and Assembly members Daniel J. Burling and Joseph M.
Giglio.
Adopted: Roll Call
Voting No: Kruger, McCormick, Russo, Ungermann
(Memo: Resolution No. 46-09 is the first step in the process to continue the additional one
and one-half percent County sales tax beyond the November 30, 2009 expiration date as set
forth in Resolution No. 170-07. Based on sales tax revenue receipts of $18,240,275 for
2008, the additional one and one-half percent sales tax resulted in $6,080,092 revenue.)
Legislator Kruger objected to the use of a caucus to discuss the vote on a pending resolution,
and stated that it was one more reason for his non-support of continuing the additional one
and one-half percent sales tax.
Legislator Ungermann did not support the additional sales tax because of the half percent
competitive disadvantage with our neighboring counties. Allegany County’s budgeted
appropriations have increased by more than $12 million over the past three years, and he
has seen little effort to make cuts in order to save taxpayers money. Until he sees some
effort to reduce the cost of government, he can’t support this.
Legislator McCormick noted that a lot of focus is given to manufacturing and agriculture in our
County, but we need to look at the retail sector also. Restaurants and small stores are at a
disadvantage in this County. It’s important to note that if we lose that retail sale to another
county, we not only lose the .5 percent, but also the 4 percent sales tax, so we are actually
losing more than gaining. Mr. McCormick suggested going back to the level where
neighboring counties are, and compete on a level playing field. If that doesn’t work, we could
always implement the additional tax later.
Legislator Fanton questioned if a calculation was done for the potential property tax increase
that would be needed if the additional sales tax is voted down. County Administrator John
Margeson responded that it translates into a 24 percent property tax increase. Mr. Fanton
pointed out that would affect all localities more than continuing the additional sales tax. We
don’t want to raise property taxes. Our sales tax revenue has shown increases every year,
so we’re not giving anything away to neighboring counties.
Legislator Russo commented that his problem with the resolution was the same as Legislator
Ungermann’s. When the Court Facilities Project bond issue came up, he was under the
impression that decisions would be made on eliminating some non-mandated program
57
expenses. Mr. Russo also referred to past comments made by Mr. Ungermann about our
County’s numerous tax exemptions. No effort is being made to reduce the cost of running
government; if it was, then maybe he could support this.
AUTHORIZING COUNTY ADMINISTRATOR AS THE INDIVIDUAL RESPONSIBLE FOR
PURCHASING FOR ALLEGANY COUNTY
Pursuant to General Municipal Law § (2) (f)
WHEREAS, effective January 1, 2009, the General Municipal Law requires that the
procurement policies and procedures of each political subdivision and district identify an
individual or individuals responsible for purchasing, now, therefore, be it
RESOLVED:
1.
That this Board of Legislators hereby appoints the Allegany County
Administrator as the individual responsible for the purchasing for Allegany County.
2.
Adopted: Roll Call
CHANGING LOCATION AND DATE OF JULY 27, 2009 REGULAR BOARD MEETING
RESOLVED:
1.
Notwithstanding Rule 110.A. of County Board Rules, the second regular
meeting of this Board in the month of July 2009 shall be held on July 22, 2009 at 2:00 PM
and not on July 27, 2009 at 2:00 PM.
2.
Notwithstanding Rule 110.F. of County Board Rules, the second regular Board
meeting for July 2009 shall be held at the Allegany County Fairgrounds, Angelica, New York
and not at the Board Chambers in Belmont, New York.
Adopted: Roll Call
(Memo: Regarding Resolution No. 48-09, changing the date and location of a Board meeting
to coincide with the Allegany County Fair not only creates a historical event, but it also
provides an opportunity for our youth and citizens to observe and participate in local
government.)
A motion was made by Legislator Hopkins, seconded by Legislator Kruger and carried
to amend Resolution Intro. No. 54-09 (Sale of Tax Lands in the Village of Friendship and
Village of Almond) to change the wording of the Village of Friendship to the Town of
Friendship in the title and the parcel description.
58
SALE OF TAX LANDS IN THE TOWN OF FRIENDSHIP AND VILLAGE OF ALMOND
WHEREAS, Jeffery M. Wolf, 11 West Main Street, Friendship, New York 14739 has
agreed to Terms of Sale and offered the sum of $1.00 plus the clean-up of the property within
one year for a deed of the County's interest in premises formerly assessed on the tax rolls to
Christopher M. Bilby and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Friendship, County
of Allegany and State of New York, described as follows, viz: 12 West Main Street
27.20’ x 110.00’ Class Code 481 Tax Map No. 182.12-2-8, and
WHEREAS, the Village of Almond, (No Street or Number) P. O. Box 239, Almond,
New York 14804 has agreed to Terms of Sale and offered the sum of $1.00 plus current
year’s tax for a deed of the County's interest in premises formerly assessed on the tax rolls to
Charles Henderson and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Village of Almond, County
of Allegany and State of New York, described as follows, viz: Canacadea St 1.70
Acres Class Code 311 Tax Map No. 126.11-1-19, and
WHEREAS, the Ways and Means Committee believes that the Terms of Sale and the
above sums offered are fair and reasonable and the best that can be obtained under the
circumstances and that the sales will be advantageous to the County, now, therefore, be it
RESOLVED:
1.
That such agreed to Terms of Sale and monetary offers are accepted and the
Chairman of this Board is authorized and directed to execute on behalf of the County of
Allegany and to cause to deliver to such purchasers a quit claim deed of the County's interest
in such premises, and to attach to such deeds the official seal; all upon satisfaction of the
Terms of Sale and full payment to the County Treasurer of the monetary offers.
Adopted: Roll Call
(Memo: Regarding Resolution No. 49-09, the bidder on the Friendship property plans to
demolish the building that was destroyed in the December fire and clean up the site. The
Almond property was purchased via a municipal offer for a planned water tower installation.)
A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE
2008 AND 2009 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED
WITH REGARD TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN;
DIRECTING MAILING OF NOTICES OF APPROVAL OF APPLICATIONS
FOR CORRECTED TAX ROLLS AND ORDERING THE VARIOUS
TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS;
PROVIDING FOR CHARGE BACKS OR CREDITS
Pursuant to Real Property Tax Law § 554
59
WHEREAS, applications, for the taxpayers hereafter described, have been made to
the County's Director of Real Property Tax Service Agency, for the correction of certain errors
affecting their real property on various tax rolls, and
WHEREAS, the Director has transmitted to this Board the applications, in duplicate,
together with a written report of his investigation of the claimed errors and his written
recommendation for action thereon by this Board as to each application, and
WHEREAS, this Board has examined each application and report to determine
whether the claimed error exists, now, therefore, be it
RESOLVED:
1.
That with regard to the applications for the named taxpayers pertaining to
claimed errors regarding their real property on the respective tax rolls of the named Towns,
this Board of Legislators does determine that the claimed errors as alleged in those
applications exist and does approve those applications.
2.
That the Chairman of this Board is authorized and directed to make a notation
on those applications and the duplicates thereof that they are approved, to enter thereon the
respective correct extension of taxes as set forth by the Director in his report, to enter thereon
the respective date of mailing of a notice of approval, to enter thereon the date of mailing of a
certified copy of this resolution to the proper Tax Collector, and to sign thereon as Chairman.
3.
That the Clerk of this Board is directed to mail to the below listed taxpayers a
notice of approval stating, in substance, that their application made has been approved, to
inform the Chairman of this Board of the date of the mailing thereof, and to inform such
respective taxpayers of the applicable provisions of subdivision seven of Section 554 of the
Real Property Tax Law.
4.
That the Tax Collector of the Town of Alfred is ordered and directed to correct in
the 2009 County and Town Tax Roll the assessment or taxes, or both, of the property
assessed to the following taxpayer and described as follows:
a.
Palmer, David C. & Aurora L.: Parcel 152.-1-41
Assessment: Land $68,800 Total $68,800
this parcel is a duplicate parcel and should have been deleted from the Tax Roll, and the
County Treasurer is directed to make the following charges on her books:
Allegany County
Town
Fire
Alfred Fire Hyd.
Total
$45.44
16.49
1.59
.14
$63.66
5.
That the Tax Collector of the Town of Angelica is ordered and directed to
correct in the 2009 County and Town Tax Roll the assessment or taxes, or both, of the
property assessed to the following taxpayer and described as follows:
a.
Benson, Irvine S.: Parcel 120.18-1-96
Assessment: Land $700 Total $700
this parcel should have been deleted from the Tax Roll, and the County Treasurer is directed
to make the following charges on her books:
60
Allegany County
Town
$10.71
2.31
Total
$13.02
6.
That the Tax Collector of the Town of Belfast is ordered and directed to correct
in the 2009 County and Town Tax Roll the assessment or taxes, or both, of the property
a.
Cole, Monica & David: Parcel 118.-1-12.2
b.
Allegany County
Town
$205.24
149.41
Total
$354.65
Crandall, Donald W., Etal.: Parcel 144.-1-3.3
this is a duplicate parcel and should not have been taxed, and the County Treasurer is
directed to make the following charges on her books:
Allegany County
Town
Fire
Total
$362.58
263.96
23.33
$649.87
7.
That the Tax Collector of the Town of Willing is ordered and directed to correct
in the 2008 and 2009 County and Town Tax Roll the assessment or taxes, or both, of the
a.
Collins, Lana M.: Parcel 265.2-1-23; Parcel 265.2-1-22
Assessment: Land $400 Total $400; Assessment: Land $3,900 Total $3,900
these parcels should have been deleted from the Tax Roll, and the County Treasurer is
directed to make the following charges on her books:
Allegany County
Town
Fire
School Relevy
Total
b.
$5.98
2.18
.34
10.22
$18.72
$58.35
21.26
3.27
99.65
$182.53
Collins, Lana M.: Parcel 265.2-1-22; Parcel 265.2-1-23
Assessment: Land $3,900 Total $3,900; Assessment: Land $400 Total $400
these parcels were combined with another and should have been deleted from the Tax Roll,
and the County Treasurer is directed to make the following charges on her books:
Allegany County
$59.39
$6.09
61
Town
Fire
School Relevy
Total
21.77
3.27
99.45
$183.88
2.23
.34
10.20
$18.86
8.
That the Tax Collector of the Town of Willing is ordered and directed to correct
a.
Fanton, James R. Parcel 265.-1-12.21
this parcel was a duplicate parcel and should have been deleted from the Tax Roll, and the
Allegany County
Town
Fire
Total
$57.87
21.21
5.79
$84.87
9.
That the Clerk of this Board is directed to forthwith mail a certified copy of this
resolution to the various Tax Collectors for the Towns stated above together with the original
copies of those applications completed in accordance with section two of this resolution.
10.
The Clerk of this Board shall mail a copy of this resolution to the above named
School and the amount to be charged to each School shall not be charged until 10 days after
such mailing. Such amount shall be deducted by the County Treasurer from the money
payable to each School as a result of school taxes returned after the date such amount is
charged and which shall be paid to each School after May 1, 2009. The County Treasurer
shall send a written notice to each School of the amount of such deduction prior to May 1,
2009.
Adopted: Roll Call
TRANSFER OF FUNDS WITHIN HISTORIAN ACCOUNT
RESOLVED:
1.
That the sum of $259 is transferred from Account No. A7510.4 (County
Historian – Museum Stock) to Account No. A7510.2 (County Historian – Equipment) to cover
the expense of a digital camera.
Adopted: Roll Call
APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND
THE GREATER ALLEGANY COUNTY CHAMBER OF COMMERCE;
AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT
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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 $50,000, commencing March 9, 2009 and ending on March 8,
2010, is approved.
2.
That the Chairman of this Board is authorized to execute said Agreement.
Adopted: Roll Call
12 Ayes, 1 No, 2 Absent
Voting No: O’Grady
Legislator O’Grady stated that he agreed with the concept of the resolution, but also agreed
with Mr. Russo’s and Mr. Ungermann’s earlier comments on spending. The cost of the
agreement is $40,000 more than current expenses. In two years we’ll be dealing with a 3.5
percent tax increase at the minimum just to support the Court Facilities Project bond pay
back, as well as a yearly increase of at least one-half percent for the Crossroads issue and
an unknown total for the Court Street property purchases. We still don’t know the final state
budget cut figures, but we already have seen a $15,000 cut to Office for the Aging. Mr.
O’Grady would support the Tourism agreement if the annual fee was the same as we’re
currently paying. Some say we will recoup the expense through increased sales tax, which
may be possible, but there’s no guarantee.
Legislator Ungermann felt the Tourism agreement was an investment in the future of
Allegany County. We’re fortunate to have this opportunity and have someone that can take
this on and has the energy to put into it.
Legislator Kruger supported the agreement, but would expect some type of report next year
to indicate that it was a wise investment. Mr. Kruger noted that this Board as a whole has
been proactive in investing in the County’s future and looking for projects that would put the
County into a better position.
Legislator Pullen also agreed that this is one situation where we have to get the County
moving. He was impressed with the Greater Allegany County Chamber of Commerce’s
presentation to the Ways and Means Committee, and he believes this is one program that will
generate dividends and enable us to get grants to strengthen our position.
Resolution Intro. No. 58-09 (Resolution Requesting Governor Paterson to Authorize
the Funding of a Previous Award of State Monies to the Allegany County Office for the Aging)
was not pre-filed and was considered from the floor on a motion made by Legislator Dibble,
seconded by Legislator Kruger and carried by an affirmative voice vote of the requisite twothirds of the Board membership.
RESOLUTION REQUESTING GOVERNOR PATERSON TO AUTHORIZE
THE FUNDING OF A PREVIOUS AWARD OF STATE MONIES TO
THE ALLEGANY COUNTY OFFICE FOR THE AGING
Offered by: Legislator David Pullen
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WHEREAS, the Allegany County Office for the Aging had previously submitted a grant
proposal for Fifteen Thousand Dollars ($15,000) to assist in purchasing “blizzard boxes” and
providing respite care to at-risk senior citizens in Allegany County, and
WHEREAS, the Office for the Aging had been notified that the funding was approved
as part of Senator Catharine M. Young’s “member initiative,” and
WHEREAS, a similar request had been made and funded as a “member initiative” for
the last several years, and
WHEREAS, based upon the notice of award, the Office for the Aging has already
expended $4,684.29 to purchase and distribute “blizzard boxes,” and
WHEREAS, provision of these “blizzard boxes” is critical for assuring that our senior
“shut-ins” are not without food during extended periods of inclement weather, and
WHEREAS, without the provision of adequate food via the “meals on wheels” program
and the emergency “blizzard boxes” many of our senior “shut-ins” who reside in remote rural
regions would need to enter nursing homes in order to assure that their basic nutritional
needs are met, and
WHEREAS, the provision of “respite care” provides an opportunity for live-in
caretakers, consisting of family members and friends, to be spelled off so that they can take
care of their own urgent business, such as personal medical care and doctor appointments,
and
WHEREAS, without the ability of these live-in caretakers to be spelled off, those under
their care would likely need nursing home care, and
WHEREAS, the cost of nursing home care is a major financial burden that is borne by
both the state and the county through the provision of Medicaid when sufficient private
resources are unavailable, and
WHEREAS, a large proportion of our senior population lives below the poverty
guidelines, and
WHEREAS, through the careful stewardship of these grant dollars, it is believed that
the Allegany County Office for the Aging has saved the State of New York substantial sums
of money well in excess of any grant funds paid out by preventing the necessity for nursing
home care, and
WHEREAS, allowing our senior citizens to remain at home not only saves taxpayer
dollars, but greatly enhances their quality of life and the lives of their neighbors, and
WHEREAS, in recognition of the state’s critical financial situation as well as Allegany
County’s difficult financial situation, it is imperative that we assist our state officials in making
sound decisions regarding limited taxpayer resources, now therefore, be it
RESOLVED:
1.
That the Allegany County Board of Legislators requests that Governor David A.
Paterson authorize the funding of the sum of Fifteen Thousand Dollars heretofore budgeted
as a “member initiative” to assist the Allegany County Office for the Aging in providing
“blizzard boxes” and respite care.
65
2.
That certified copies of this resolution shall be forwarded to New York State
Governor David A. Paterson, Director of the New York State Office for the Aging Michael J.
Burgess, Senator Catharine M. Young, Assemblyman Joseph M. Giglio, Assemblyman
Daniel Burling, and Governor Paterson’s local representative, Tom Carpenter.
Adopted: Roll Call
Legislator Pullen noted that he learned of the referenced funding cancellation last week.
Office for the Aging Director Kimberley Toot heard from State Senator Cathy Young that
funding assigned as a member item and already allocated and spent was now being
cancelled. Mr. Pullen felt that every Legislator could support this resolution, as these are
some of our most vulnerable residents. Chairman Crandall commented that the resolution
could be approved by a voice vote, but requested a roll call vote as a show of support.
AUDITS:
A motion was made by Legislator O’Grady, seconded by Legislator Fanton and
A motion was made by Legislator Hopkins, seconded by Legislator Pullen and adopted
Kruger, seconded by Legislator Pullen and carried.
--------
REGULAR SESSION - MARCH 23, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Leon
Lobdell, United States Army Air Force 1st Lieutenant.
The Board meeting minutes of March 9, 2009 were approved on a motion made by
PUBLIC HEARING:
Chairman Crandall closed the regular meeting to hold a public hearing on the
modification and continuation of Agricultural District Number Four within the Towns of Alfred,
66
Andover, Independence, Ward, and Willing. There being no one desiring to speak, the public
hearing was declared closed and the Board reconvened in regular session.
Chairman Crandall took the floor to present a certificate of appreciation to Leon
Lobdell, for his service in the United States Army Air Force from December 1942 to October
1945. Chairman Crandall read from a couple of newspaper articles highlighting Mr. Lobdell’s
service, including his deployment to England as a navigator on a B-17 bomber and the
eleven months he spent in a German prison camp. Among his decorations were the Air
Medal, Prisoner of War Medal, ETO Medal with one battle star, WWII Victory Medal, NYS
Conspicuous Service Cross, Navigator’s Wings, and Gunner’s Wings. Mr. Lobdell led the
Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’
Honorary Pledge of Allegiance Program.
Chairman Crandall presented a certificate to Probation Director David Sirianni, in
recognition of his 32 years of service to Allegany County, from the beginning of his career as
a Probation Officer Trainee in 1976 to his retirement at the end of this week. Mr. Sirianni
remarked that the past 32 years have been outstanding, working alongside the most
dedicated, loyal people, and he felt honored to have served the Board of Legislators.
Chairman Crandall presented a certificate to the April 2009 Employee of the Month,
Deborah J. Frost, of the Social Services Department, in recognition of her hard work and
dedication to the County.
Privilege of the floor was granted to Office for the Aging Director Kimberley Toot,
Social Services Commissioner Patricia Schmelzer, and Veterans’ Service Agency Director H.
Scott Spillane to speak in support of Resolution Intro. No. 65-09 approving a lease
agreement with the Industrial Development Agency for facilities at the Crossroads Center.
Ms. Toot commented that the Office for the Aging has been in its present location since 1976,
at which time they had three full-time employees and one part-time employee. Currently
there are 14 full-time employees and one part-time employee sharing very cramped quarters.
Conditions in the building are very poor, inadequate, and unsafe, and there are no provisions
for confidentiality. Everyone agrees that something must be done. Under the NY Connects
Program, OFA has been planning for the past three years to provide for a single point of entry
for the long-term care services provided by the County. This plan includes co-location of
OFA, DSS, and Veterans’ Services staff. They’ve also been working with the Allegany Senior
Foundation to develop a center near the building to provide meeting space for wellness,
cultural, and educational programs for older adults. A one-stop facility will provide a
centralized, accessible place where older people and their caregivers can come to meet
privately with workers and be treated with the dignity they deserve.
Social Services Commissioner Patricia Schmelzer commented that Allegany County
government has historically been known for their cooperation with municipalities and
willingness to work in partnership with others. Following the Board’s leadership, County
agencies and community partners also work well together. This leadership, our geography,
and the needs of the people we serve require that we make the most of available resources.
Staff members from OFA, DSS, and Veterans’ Services are experts in their programming
areas. They serve a common group of clients. Locating these staff together will enable them
to learn from each other, and having the expertise in one location available to the shared
clients can only enhance their ability to do their job well.
Veterans’ Service Agency Director Scott Spillane addressed the Board, noting his ten
years of working with veterans and their families and helping people in the County to make
their lives a little better. His clients are some of the same clients that Office for the Aging
works with. Over the last two or three years, he has processed more claims in nursing
67
homes and assisted care facilities than in the previous seven years. Our veterans are getting
older. When filing claims in the office, it’s very difficult for some veterans, their widows, or
family members to navigate up to the second floor in a wheelchair, and they sometimes
require assistance getting back out to their vehicles. Mr. Spillane noted that a one-stop shop
would be a valuable asset and save a lot of time in providing services.
Privilege of the floor was granted to Wallace C. Higgins, Allegany Senior Foundation
President. This non-profit organization helps meet the unmet needs of seniors by aiding in
keeping them warm, safe, informed, and above all, keeping them in their homes. Mr. Wallace
stated that OFA's physical office is a time bomb ready to explode due to deterioration. There
exists a mental time bomb as well for office personnel who are trying to do their duties in
extremely close quarters. The elderly population and veterans’ needs are rapidly expanding.
For two years, the Foundation, as a volunteer group, has spent time and much effort to
alleviate the physical concerns of the office. Money is tight, but so is time. There is a
solution. Although they have been informed there are other areas that might be available for
OFA office space, the current solution is very practical, and there has been an overwhelming
response to the validity of the Crossroads facility as a major OFA center; 313 petition
signatures is a very strong statement. This space could eventually be available for a senior
activity center, a place for senior forums, as well as a home away from home. Mr. Higgins
also acknowledged the early response and desire of Houghton College to help make the
Crossroads available for OFA activities. The Senior Foundation urged a positive response to
the concerned efforts of so many people in planning for respectable, safe quarters.
Privilege of the floor was granted to County Historian and Tourism Specialist Craig
Braack for the presentation of the 2009 Travel and Outdoor Guide. Mr. Braack commented
on the common theme of the publication: “It’s about the people you see / It’s about the
people, you see.”
Representatives were present from the following departments and agencies to answer
questions regarding their 2008 Annual Reports: Employment and Training, Public Defender,
Soil and Water Conservation District, STOP DWI Program, Veterans’ Service Agency,
Workers’ Compensation, and Youth Bureau.
1.
April 2009 Board and Committee Meeting Calendar. (The Human Services
Committee meeting was moved from April 15 to April 22 at 3 p.m.)
2.
2009 Allegany County Travel and Outdoor Guide.
3.
Report of Tax Bill Corrections approved by the County Administrator in
February 2009.
4.
Report of Intrafund Transfers approved by the County Administrator in February
2009.
5.
2008 Annual Reports from the following departments and agencies were
distributed for review: County Historian, District Attorney, Information Technology, Parks and
Forests, Sheriff, Weights and Measures. Representatives will be present at the next Board
meeting to answer questions regarding those reports.
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1.
Notice of the next Fire Advisory Board meeting on Thursday, March 26, at 8
p.m. in the Public Safety Facility.
2.
Invitation to attend the awards ceremony and reception for the winning students
of the annual DAR Good Citizens/Scholarship Contest on April 4, 2009.
3.
Invitation to attend the Tri-County Tobacco Free Programs Recognition
Luncheon on April 22, 2009.
4.
their “Lift.”
Invitation to attend the Friendship Free Library celebration of the installation of
5.
Southern Tier West Regional Planning and Development Board minutes from
February 19 and notice of meeting for March 19.
APPOINTMENTS:
Chairman Crandall, in a joint measure with Crystal Abers, Chairman of the
Cattaraugus County Board of Legislators, appointed Sherry Grugel, Executive Director of the
Allegany County Chamber of Commerce, to serve on the CATTARAUGUS-ALLEGANY
WORKFORCE INVESTMENT BOARD, filling the unexpired three-year term of Voni Walker
which expires December 31, 2009.
Chairman Crandall appointed Andrew Zalar of Fillmore, New York, to serve as the
Agri-Business member on the ALLEGANY COUNTY AGRICULTURAL AND FARMLAND
PROTECTION BOARD, for a four-year term commencing March 5, 2009, and expiring March
4, 2013.
RESOLUTIONS:
APPOINTMENT OF ROBERT D. STARKS AS COUNTY PROBATION DIRECTOR;
FIXING ANNUAL SALARY
RESOLVED:
1.
That Robert D. Starks is appointed as the County Probation Director
commencing March 28, 2009, at an annual salary of $56,000.
Adopted: Roll Call
AMENDMENT OF COUNTY NON-UNIT SALARY PLAN TO ADD TITLE OF
COUNTY ELECTION TECHNICIANS AND COUNTY ELECTION INSPECTORS
TO SECTION FOUR
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RESOLVED:
1.
That Section 4. of Resolution No. 297-75, as amended, is amended by adding
the following titles:
Title
Salary
County Election Technicians
County Election Inspectors
$ 15 per hour
$ 85 per day for primary elections
$135 per day for general elections
2.
This resolution shall take effect March 24, 2009.
Moved by: Mr. Hall
Adopted: Roll Call
RESOLUTION INTRO. NO. 61-09 (CREATING THREE FULL-TIME POSITIONS OF
911 DISPATCHERS IN COUNTY SHERIFF’S DEPARTMENT) was TABLED following a
motion made by Legislator Fanton, seconded by Legislator Truax and carried in order to
allow time to gather more complete 911 call volume data. (Opposed: Reynolds.) The
Sheriff’s Memorandum of Explanation included that the request was due to the additional
work load that will result from the transfer of Wellsville’s calls to the County’s E-911 Dispatch
Center. The MOE also requested authorization to fill those three full-time dispatcher
positions, as well as nine part-time dispatcher positions. Comments made regarding the
proposed resolution prior to its being tabled included the following:
Legislator O’Grady reported that he spoke with the Wellsville Police Chief and was told the
transfer of 911 calls hasn’t taken place yet. The number he was given for Village 911 calls in
2008 was a little over 1,000, which is just three calls per day. That doesn’t warrant the
$132,000 expense. Mr. O’Grady would not support the resolution, but noted that he could
support putting extra part-time staff on in busy times.
Sheriff Tompkins reported that their target date for take-over of Wellsville’s 911 dispatch calls
was April 15, but they were not going to meet that date due to technical problems. The
Wellsville call volume numbers Sheriff Tompkins was given for 2008 included 165 fire
incidents, 1,700 EMS incidents, and he hadn’t received police numbers yet. That figures out
to be 155 incidents per month more than what they are presently handling even without the
police numbers. The Sheriff also noted that there are numerous phone calls generated for
each incident. For example, one incident last week generated 68 phone calls. He wouldn’t
ask for the positions if they weren’t needed. Dispatch staff is too often in a situation where
multiple emergencies are in progress and there are not enough people in the center.
Chairman Crandall noted that this resolution creates the positions, but the request to fill the
positions would go to the Ways and Means Committee. He questioned if filling the positions
would be delayed until we had actual call numbers, and if data would back up the request for
a given number of positions. Sheriff Tompkins responded that he already has the fire and
EMS numbers and is just waiting for the police numbers. When he goes to Ways and Means,
he will have numbers to justify the positions.
Legislator Dibble questioned when the nine part-time positions would be filled. Sheriff
Tompkins noted that seven people starting training class today, and they weren’t going to fill
all the positions any time soon. They have a problem with training and retaining. Legislator
Ungermann asked if raising the salary has helped with retention, to which the Sheriff replied
that it has, but there is still the issue with part-timers who want full-time.
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Legislator O’Grady commented on the influx in workloads and busy times in police
departments, noting that they know when the busy times are and can fill in with part-time staff
accordingly. He asked why this couldn’t be done in dispatch. He understood that the
resolution only creates the positions, but usually when a position is created, it gets filled. He
won't support new positions until after the transfer takes place and we have data on how it
impacts dispatch at the County level. Sheriff Tompkins commented on the differences
between a village police force and the County Dispatch Center: he can’t anticipate
catastrophic incidents or know when “busy” times will require extra staff.
Legislator Truax asked if data is available from NYSAC on recommended number of calls to
be handled by a dispatcher. Sheriff Tompkins replied that the department is evaluated every
year, and going by the state’s recommendation, we’ve been down in staffing by almost a full
eight hours in a 24-hour period for each of the last seven years.
Legislator Reynolds acknowledged appreciation of the part-time dispatchers and the training
that’s required to be proficient. It’s difficult to keep them because they often want full-time. A
full-time person is going to be more efficient and effective; part-time is a stop-gap, but not the
answer to the problem.
Legislator Pullen commented that he couldn’t support the resolution at this point because
although there are times we would like to approve the requests of department heads, there is
the issue of the burden on the taxpayers and we have to draw a line somewhere. Mr. Pullen
also referred to the process of authorizing filling positions by the Ways and Means Committee
and suggested delaying this matter so that all 15 legislators would have a say in the decision
(see action to table, above).
AMENDMENT OF RESOLUTION NO. 94-99 TO
INCREASE OFFICE OF COUNTY CLERK PETTY CASH FUND FROM $500 TO $650
Offered by: Personnel and Ways and Means Committees
RESOLVED:
1.
That Section 1. of Resolution No. 94-99 is amended to read as follows:
1.
There is established a revolving petty cash fund for the Office of County
Clerk in the Motor Vehicle Division at his office in Belmont, New York, in the
amount $650, to be used primarily for making change when individuals
purchase licenses and registrations with cash.
Moved by: Mr. Hall
Adopted: Roll Call
Voting No: Kruger
CREATING NEW ACCOUNTS FOR THE ACT II BATTERER’S PROGRAM
PARTNERED BY THE SHERIFF’S OFFICE, PROBATION DEPARTMENT AND
DISTRICT ATTORNEY’S OFFICE TO PROVIDE
A PROGRAM SPECIFIC TO DOMESTIC VIOLENCE AND SPOUSAL ABUSE;
APPROPRIATING FUNDS TO SUCH CREATED ACCOUNTS
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WHEREAS, the District Attorney’s Office has grant money to fund the ACT II
Batterer’s Program for domestic violence and spousal abuse, and
WHEREAS, the annual budget for such program will be $10,000 to be disbursed to the
new accounts on a bi-annual basis, now, therefore, be it
RESOLVED:
1.
That the sum of $10,000 is appropriated to the following newly created
accounts: Account No. A3117.449 (ACT II Batterer’s Program) and Revenue Account No.
A03.2260.3117 (ACT II Batterer’s Program).
Adopted: Roll Call
Comments made regarding Resolution No. 57-09: Legislator Fanton requested verification
that if funding for the program was discontinued, the program would also be discontinued.
County Administrator John Margeson replied in the affirmative.
A motion was made by Legislator Pullen and seconded by Legislator Fanton to TABLE
Resolution Intro. No. 64-09 (Approval of Agreement with William W. Pulos, Esq. to Provide
Administrator Services under Assigned Counsel Plan) to allow time for researching the
responsibilities of the position and obtain information on reasons for the change. The motion
to table was defeated on a roll call vote of 7 Ayes, 8 Noes, 0 Absent. Voting No were:
Burdick, Crandall, Hall, Kruger, McCormick, Reynolds, Russo, Ungermann.
RESOLUTION INTRO. NO. 64-09 (APPROVAL OF AGREEMENT WITH WILLIAM
W. PULOS, ESQ. TO PROVIDE ADMINISTRATOR SERVICES UNDER ASSIGNED
COUNSEL PLAN) was DEFEATED on a roll call vote of 6 Ayes, 9 Noes, 0 Absent. Voting
No were: Fanton, Hopkins, Kruger, McCormick, O’Grady, Pullen, Russo, Truax, Ungermann.
Comments made regarding the proposed resolution included the following:
Legislator Kruger voiced his opposition to the agreement because, assuming all else was
equal and the fact that there were no cost savings, the attorney’s office is located in Steuben
County. The Legislature should support and promote Allegany County business.
Legislator Reynolds commented that Mr. Pulos has been a lifelong resident of the County, is
very capable, and has the potential to save the County money. Mr. Reynolds also noted that
in the past the County has contracted with Cattaraugus County attorneys for Public Defender
conflicts.
Legislator Ungermann pointed out that County Clerk Rob Christman is always encouraging
vehicle registrations be done here to keep the money local, and here we are considering
moving a contract to another County. Mr. Ungermann felt it was strictly a political thing. If
there is no complaint about the current Assigned Counsel Administrator, and there is no
difference in the fee, we should keep the contract in the County.
Legislator McCormick felt the issue was whether to support an office in Hornell or the current
one in Wellsville. The current contractor does a good job, and they want the contract. We
should keep the contract in the County.
Legislator Russo commented that there was no legitimate reason this was happening; “if it’s
not broke, don’t fix it.” The current contractor is doing a good job.
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RESOLUTION INTRO. NO. 65-09 (APPROVAL OF LEASE AGREEMENT
BETWEEN THE ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND THE
COUNTY OF ALLEGANY FOR APPROXIMATELY 8,000 SQUARE FEET OF SPACE IN
THE CROSSROADS COMMERCE CENTER LOCATED AT 6087 STATE ROUTE 19,
BELMONT, NEW YORK) was TABLED for two weeks following a motion made by Legislator
Dibble, seconded by Legislator Kruger and carried on a roll call vote of 9 Ayes, 6 Noes, 0
Absent. Voting No were: Crandall, Fanton, Hall, Hopkins, Pullen, Reynolds. Comments
made regarding the proposed resolution included the following:
Legislator Kruger commented that although he doesn't support the resolution, he agrees that
something needs to be done right away. There is an opportunity to give OFA, Veterans'
Services, and Social Services staff more space, and maybe better space, for possibly less
money. Mayor Schmelzer was in to address upgrading the Amity sewer system, and he
mentioned to Mr. Kruger that there is space ready at the former Belmont School, including
parking and the gym. It's ready to move into now without waiting for construction or having to
deal with water and sewer problems. Mr. Kruger supported Crossroads for business and
tourism, but doesn’t want to mix business services with social services.
Legislator Pullen noted that this issue has been worked on and lobbied for by the Senior
Foundation for several years. They've looked at multiple options and had tours of the former
school facility, which that board did not find suitable and it was not available at the time. He
questioned if it is ready to move into now. It's time to move OFA, and this is the most cost
effective option providing opportunities in the future as pointed out by Mr. Higgins.
Legislator O'Grady agreed with Mr. Kruger. OFA needs to move, but the issue is financial.
The proposed IDA lease is for a total of ten years at a cost of $1 million. In two years, we'll
have to start paying on the Court addition bond. This lease represents an additional half
percent tax increase. Mr. O'Grady noted he was not sure where the money is coming from.
He would have liked to see the third floor renovated, but that proposal failed due to lack of
money. There is no money now for this lease agreement either.
Legislator Burdick also agreed that we have to move the Office for the Aging. He initially
supported the Crossroads proposal at 5,600 square feet, which was three times the space
they have now. The figure increased to 6,000 square feet, and then to 6,500. Now it’s up to
8,000 square feet at a cost of $102,000 per year to lease, or an increase of $19,000 from the
6,500 square foot proposal. Mr. Burdick has heard no good excuse for the extra space. We
have to draw the line somewhere. He stated that he can't support this. Twenty-five percent
of retired senior citizens in NYS only have Social Security to live on (the figure may be higher
here). We can’t increase the tax rate on them. The $102,000 is new money needed for the
budget, not just money we can shift around. If the contract was for the 6,500 square feet, he
could support it,
Legislator Russo commented that there wasn't a person present that doesn’t agree Office for
the Aging has to move, but he also represents the taxpayers. We can’t afford this right now
with the bills and bonds coming up that we'll have to pay. We can’t continue to throw money
at the problems we have when there are other options to explore. Mr. Russo recommended
that we move diligently and quickly to explore those other options.
Legislator Hopkins noted that once or twice the Court Facilities Committee requested
proposals from the Belmont Betterment Association regarding space at the former school,
and we never get what we ask for. Mr. Hopkins assumes they are not interested.
Legislator Ungermann thanked the Senior Foundation, but also commented on the increasing
tax burden. He has promoted the single point of entry concept, and the plan he laid out in
April 2007 included co-location of several agencies. The IDA proposal addresses OFA and
Veterans' Services, but single point of entry should include Social Services and Health. In
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2007, the County still owned the former Belmont School, and it could have been remodeled
at a cost of $100-150 per square foot. Building new would cost about $200 per square foot,
so there’s a savings. The new portion of the building includes 56,000 square feet. Mr.
Ungermann noted that he questioned the IDA's involvement in this proposal. They are
supposed to be generating private sector jobs to increase the County’s tax base. With this
contract, they are shuffling real estate and not creating anything. Mr. Ungerman also did not
support the IDA's purchase of the Crossroads property, due to water and sewer issues. If the
County built near the new jail facility via a design-build team, private capital would be building
and we would lease from them. This idea was turned down. Mr. Ungermann questioned the
figures in the IDA Crossroads deed and mortgage. The purchase price was $400,000, and
the mortgage is for $450,000. IDA Executive Director John Foels responded. When the
Houghton Foundation decided to sell the former Academy property, they wanted a higher
purpose to be maintained. The Crossroads concept was a positive thing for them. The
property was appraised two years ago and again last year prior to the sale at $750,000. The
purchase price was $400,000. When the IDA approached the lender, the lender specified a
$450,000 mortgage, with the extra $50,000 to be set aside for owner improvements on
condition of approval by the bank. These funds are in a savings account and are included in
the mortgage. They can be drawn out by approval of the IDA board and senior management
of the bank. Replacement value is $1.2 million; appraised value is $750,000.
Legislator Ungermann noted that Mr. Pullen brokered this whole thing and requested he
abstain from voting on the IDA lease resolution. Legislator Pullen later responded that to the
best of his knowledge, there was no conflict of interest.
Legislator Reynolds stated that Mr. Pullen is the Chair of the Court Facilities and County
Space Needs Committee and should not abstain. Mr. Reynolds also noted that the IDA
would be content to have things stay as is. They didn’t push for this, but is only trying to
assist. Regarding the school issue, Mr. Reynolds felt it should be put to rest. Several years
ago, LaBella completed a study on rehabilitiation of the building and estimated it would cost
$6 million. LaBella recommended building new as opposed to rehabilitating the former
school building. The Board decided to move away from it at that time, and it is still not the
best option for Office for the Aging. Mr. Reynolds supported the IDA Crossroads lease
resolution and applauded all the work and effort that went into the proposal.
Legislator Fanton commented that the Crossroads lease issue should have been resolved
today. That facility would fit the needs of the OFA and the Senior Foundation, and although it
represented a half percent tax increase, no additional personnel would be required for
maintenance. We're doing a disservice to the seniors of our County.
RESOLUTION APPROVING AGREEMENT BETWEEN THE COUNTY OF ALLEGANY
AND THE ALLEGANY-WESTERN STEUBEN RURAL HEALTH NETWORK FOR
THE ESTABLISHMENT OF A MOBILITY MANAGEMENT PROGRAM
WHEREAS, by Resolution No. 177-2008, this Board authorized the County of
Allegany to enter into an agreement with the New York State Department of Transportation
(NYSDOT) acting as the designated recipient (DR) for the Federal Transit Administration
(FTA) Grant funds, and
WHEREAS, Allegany County would receive the sum of $250,000 for the establishment
of a Mobility Management program to be appropriated to an account designated by the
County Treasurer, and
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WHEREAS, the Mobility Management program is designed and intended to coordinate
the provision of public transportation services throughout the County by primarily utilizing the
Allegany County Transit system and the Arc Transportation system so as to provide a more
efficient, non-redundant County-wide public transit system, now, therefore, be it
RESOLVED:
1.
The Agreement with the Allegany-Western Steuben Rural Health Network for
services and obligations associated with the $250,000 grant award to the County under the
USDOT/NYSDOT Job Access and Reverse Commute/New Freedoms program, is approved.
2.
The Chairman of this Board of Legislators is authorized to enter into such
Agreement.
Adopted: Roll Call
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Hopkins and adopted
Kruger, seconded by Legislator Pullen and carried.
--------
REGULAR SESSION - APRIL 13, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Wallace
C. Higgins, former Army Air Corps Aviation Cadet.
ROLL CALL: 13 Present; 2 Absent (Legislators Hall and Truax).
The Board meeting minutes of March 23, 2009 were approved on a motion made by
Chairman Crandall presented a certificate to Wallace C. Higgins, former United States
Army Air Corps Aviation Cadet, in grateful appreciation of his service to our country. Mr.
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BOARD OF LEGISLATORS SESSION MINUTES, APRIL 13, 2009
Higgins’ military service dates were from August 1943 to March 1947, and his duty stations
included Saipan and Okinawa. Among the commendations Mr. Higgins received were:
American Theater Ribbon, Asiatic Pacific Campaign Medal, and Victory Medal WWII. In
addition to post-retirement consulting work, Mr. Higgins has been involved in various
volunteer positions, including most recently the Allegany Senior Foundation. Chairman
Crandall noted that without our veterans, we wouldn’t be able to be here or operate in a free
society as we do. Mr. Higgins led the Pledge of Allegiance to the Flag at the beginning of the
meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall granted privilege of the floor to Sheriff William Tompkins, who
presented additional information regarding a resolution creating three new full-time 911
Dispatcher positions that was tabled at the last Board meeting. Sheriff Tompkins explained
that some of these issues and requests are complex, and it’s difficult to portray all the
background information within the time constraints of committee meetings. He reviewed
some of the things that prompted his decision to request the positions. Technology in
dispatch has risen dramatically. Also, in the past four and one-half years they have trained
33 new dispatchers, but have only retained nine. The training cost per person is over $4,000,
not including the time for training officers during field training. That is a significant
investment, and historically we have lost the majority of the newly trained dispatchers. Ten of
the last 33 went to other dispatch centers. Even if training was not an issue, there is the
technology requirement and skills involved for mastery of the job for true efficiency. It’s
unrealistic to expect this on a part-time basis. Experience has shown that when a true
emergency arises, part-timers have a difficult time dealing with it because they are not
dealing with it on an everyday basis. We’re setting them up for failure. We are depending on
part-time too much, but there is also an issue with understaffing. A point has been reached
where for the sake of safety they want three dispatchers on duty at all times, which is not
feasible with part-timers. Regarding the take-over of Wellsville’s 911 calls, the Sheriff timed
his request for the additional positions until that process was close to being finalized. The
extra call volume will make some difference, but is not the driving force. The Sheriff stated
that we’re all in this for what’s best for Allegany County’s citizens, and he is concerned about
safety. We’re exposing ourselves to liability that’s not necessary. Sheriff Tompkins is
requesting these positions as a matter of necessity.
questions regarding their 2008 Annual Reports: County Historian, District Attorney,
Information Technology, Parks and Forests, Sheriff’s Office, and Weights and Measures.
1.
April 2009 Village Supplement to the 2009 Directory of County, Town, and
Village Contacts.
2.
Report of Tax Bill Corrections approved by the County Administrator in March.
3.
Report of Intrafund Transfers approved by the County Administrator in March.
4.
2008 Annual Reports from the following departments and agencies were
distributed for review: County Administrator, Office of Development, Industrial Development
Agency, Planning Board, Social Services, and Tourism. Representatives will be present at
the next Board meeting to answer questions regarding those reports.
76
1.
pursuant to Article 11 of the Real Property Tax Law for properties in the Towns of Cuba and
Wirt in the Clerk of the Board’s Office on March 25 and 30, 2009.
2.
Correspondence from Friendship Town Supervisor William Zacher in support of
the development of an Allegany County Water and Sewer District extending from the Town of
Friendship to the Belvidere Development Area.
3.
Correspondence from the Friendship Fire Department thanking the Board for
our contribution to the FASNY Collapsed Firefighter Fund.
4.
Notice of the next InterCounty Association meeting to be hosted by Ontario
County on April 17 at the Ramada Geneva Lakefront.
5.
Correspondence from Crime Victims Coordinator Shannon Ozzella inviting
Legislators to attend the Annual Crime Victims Awards and Recognition Ceremony on May 1
in the Board Chambers at 4 p.m.
6.
Office for the Aging Director Kimberley Toot forwarded information regarding
the 5 Annual Conference on Aging – Nurturing Our Livable Communities to be held at Alfred
University on May 8, 2009.
th
7.
Correspondence from the Blue Star Families Military Support Group indicating
that the Group has been dissolved.
8.
News Release from Southern Tier West Regional Planning and Development
Board regarding their March 19 meeting.
9.
Invitation to attend the 2009 Cattaraugus and Allegany Counties Tobacco Free
Program Recognition Luncheon at Moonwinks on April 22 at 11:45 a.m.
APPOINTMENTS:
Chairman Crandall appointed the following as members of the ALLEGANY COUNTY
YOUTH BOARD, for a three-year term commencing March 26, 2009, and expiring March 25,
2012, subject to confirmation by the Board of Legislators:
Linda Edwards, Houghton (District I)
Kathy Morris, Cuba
(District II)
Jack Emrick, Scio
(District III)
Michele Henry, Wellsville (District IV)
Vicky Westacott, Alfred
(District V)
Chairman Crandall appointed Richard (Butch) Lorow of Almond, New York, as the
Alternate Landowner Representative Member of the REGION 9 FISH & WILDLIFE
MANAGEMENT BOARD, for a term of two years, commencing immediately and expiring
December 31, 2010, subject to confirmation by the Board of Legislators.
RESOLUTIONS:
Resolution Intro. No. 61-09 (Creating Three Full-Time Positions of 911 Dispatchers in
County Sheriff’s Department) was removed from the table on a motion made by Legislator
Dibble, seconded by Legislator Burdick and carried. This resolution was originally tabled on
March 23, 2009.
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CREATING THREE FULL-TIME POSITIONS OF 911 DISPATCHERS IN
COUNTY SHERIFF’S DEPARTMENT
RESOLVED:
1.
That three full-time positions of 911 Dispatchers are created in the County
Sheriff’s Department.
2.
This resolution shall take effect on April 14, 2009.
Seconded by: Mr. Burdick
Adopted: Roll Call
Voting No: McCormick, O’Grady, Russo
Comments made regarding Resolution No. 59-09 included:
Legislator Ungermann objected to the fact that even though we’ll be putting on three new fulltime dispatchers, it will not cut overtime. By contract they work Monday through Friday, and
no full-time staff is scheduled for weekends. Until something is changed, there will be no
freedom in scheduling, and the overtime problem will never be solved.
Legislator Kruger stated that although he supported the resolution, it’s a tough decision in
these economic times, and he hasn’t been a big supporter of new positions in any
department. There is a problem in the area of dispatching, and public safety is expensive.
It’s difficult to support the additional positions, but it’s hard to turn our backs on public safety.
Legislator Pullen agreed with the concerns that were raised, and he noted that it would be
nice to change the overtime issues, but that will require changes in the collective bargaining
agreements. In the meantime, public safety is important, and after hearing what the Sheriff
had to say, Mr. Pullen based his support on the human value.
Legislator McCormick agreed with the public safety issue, but on the other side of the
equation he wondered how much more the local taxpayers could “pony up.” Having
dispatchers three deep 24/7 is a reasonable safety net, and he’s not willing right now to
support adding three more full-time staff at a cost of $150,000. The economy is not in that
great of shape.
Legislator Reynolds commented that unlike correction officers, the expertise and proficiency
of dispatch staff increases as they work day to day. We have good part-timers, but it’s hard
to call them in only occasionally and expect the same level of expertise the full-timers have.
RESOLUTION CONTINUING AGRICULTURAL DISTRICT NUMBER FOUR
WITH MODIFICATIONS
Pursuant to Agriculture and Markets Law Sections 303-a and 303-b
WHEREAS, Agricultural District Number Four, being within the Towns of Alfred,
Andover, Independence, Ward and Willing, was originally created as Agricultural District
78
Number Six on August 7, 1977, and renamed Agricultural District Number Four on May 28,
2002, and modified and continued on February 25, 2008 by Resolution No. 36-2008, and
WHEREAS, the eight-year review of Agricultural District Number Four for requesting
inclusion of predominantly viable agricultural land into said District for calendar year 2009 has
been completed, and
WHEREAS, ninety-one landowners have requested the inclusion of approximately
9,795.81 acres of predominantly viable agricultural land within Agricultural District Number
Four, and
WHEREAS, four landowners have requested to be removed from Agricultural District
Number Four totaling approximately 14.55 acres, and
WHEREAS, due notice of a public hearing on whether such predominantly viable
agricultural land should be included and removed in the District having been published as
required by Agriculture and Markets Law Section 303-b, and such hearing having been held
before this Board on March 23, 2009, and
WHEREAS, this Board has duly deliberated on whether the District should be
modified, now, therefore, be it
RESOLVED:
1.
That this Board of Legislators determines after review of the report of the
Agricultural and Farmland Protection Board and after a public hearing held on March 23,
2009, that Agricultural District Number Four be continued and modified to include the addition
of 475.7 acres in the Town of Alfred, 499.42 acres in the Town of Alma, 29.30 acres in the
Village of Andover, 2,621.11 acres in the Town of Andover, 74.95 acres in the Town of
Bolivar, 1,426.81 acres in the Town of Genesee, 1,923.87 acres in the Town of
Independence, 1,616.66 acres in the Town of Ward, 1,128.09 acres in the Town of Willing
totaling approximately 9,795.91 acres and the removal of approximately 14.55 aces of
predominantly viable agricultural land located in the Town of Willing.
2.
That the Clerk of this Board is directed to send a certified copy of this resolution
to the New York State Commissioner of Agriculture and Markets.
3.
That this Board requests that the New York State Commissioner of Agriculture
certify that the proposed inclusion of the approximately 9,795.91 acres of predominantly
viable agricultural lands located in the Towns and Villages of Alfred, Alma, Andover, Bolivar,
Genesee, Independence, Ward, Willing and the removal of approximately 14.55 acres of
predominantly viable agricultural land located in the Town of Willing is feasible and in the
public interest.
Adopted: Roll Call
CONFIRMATION OF BOARD CHAIRMAN’S REAPPOINTMENTS TO
COUNTY YOUTH BOARD
79
RESOLVED:
1.
That the reappointments by the Chairman of this Board of Linda Edwards,
Kathy Morris, Jack Emrick, Michele Henry and Vicky Westacott to the County Youth Board,
with term of office for each commencing March 26, 2009 and expiring March 25, 2012, are
confirmed.
Adopted: Voice Vote
RESOLUTION AUTHORIZING THE CHAIRMAN TO SIGN AND SUBMIT
AN APPLICATION FOR A FUNDING GRANT THROUGH
THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
WHEREAS, the County of Allegany is submitting a request for grant funds from the
New York State Department of Transportation, pursuant to the American Recovery and
Reinvestment Act of 2009 (ARRA) for the purchase of ITS Mobility Management Software
and PC and related equipment, and
WHEREAS, the County of Allegany and the State of New York will enter into an
Agreement which authorizes the undertaking of the Project, and reimbursement to the
municipality of 100 percent of the project cost through the American Recovery and
Reinvestment Act of 2009 at a cost of up to or approximately $104,000, now, therefore, be it
RESOLVED:
1.
following:
That the Chairman of the Board of Legislators is authorized to sign the
a)
The application for funding;
b)
Any and all Agreements between the County of Allegany and the State of New
York for the above named Project;
c)
Any and all Agreements between the County of Allegany and any third party
subcontractors necessary to complete the Project; and
d)
Any and all Municipality/Vendor Contracts for the purchase and/or installation of
vehicles and/or equipment pursuant to the application and agreement.
Adopted: Roll Call
A motion was made by Legislator Reynolds, seconded by Legislator Dibble and
carried to amend Resolution Intro. No. 70-09 (Sale of Tax Lands in the Towns of Caneadea
and Ward and Villages of Angelica and Cuba) by changing the amount in paragraph 1 from
$248 to $258 and the acreage in paragraph 7 from .38 to .36.
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SALE OF TAX LANDS IN THE TOWNS OF CANEADEA AND WARD AND
VILLAGES OF ANGELICA AND CUBA
WHEREAS, Town of Caneadea, 8911 State Route 19, P.O. Box 596, Caneadea, New
York 14717 has agreed to Terms of Sale and offered the sum of $258.00 for a deed of the
County's interest in premises formerly assessed on the tax rolls to James Slocum and
described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Caneadea, County
of Allegany and State of New York, described as follows, viz: 8533 St Rt 19,
1.30 acres,
Tax Map # 78.-1-41, and
WHEREAS, the Town of Ward, 4659 County Road 10, Scio, New York 14880 has
agreed to Terms of Sale and offered the sum of $1.00 plus current year’s tax for a deed of
the County's interest in premises formerly assessed on the tax rolls to Merri L. Young and
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Ward, County of
Allegany and State of New York, described as follows, viz: 4422 Vandermark Rd, Parcel A,
3.5 acres, Tax Map # 188.-1-15,
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Ward, County of
Allegany and State of New York, described as follows, viz: 4422 Vandermark Rd, Parcel B,
1.2 acres, Tax Map # 188.-1-15.2, and
WHEREAS, Village of Angelica, 21 Peacock Hill Road, P.O. Box 158, Angelica, New
York 14709 has agreed to Terms of Sale and offered the sum of $1.00 plus current year’s tax
for a deed of the County's interest in premises formerly assessed on the tax rolls to Richard
P. Sprague and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Village of Angelica, County
of Allegany and State of New York, described as follows, viz: West Main Street, .36 acre,
Tax Map # 120.18-1-14, and
WHEREAS, Village of Cuba, 17 East Main Street, Cuba, New York 14727 has agreed
to Terms of Sale and offered the sum of $1.00 plus current year’s tax for a deed of the
County's interest in premises formerly assessed on the tax rolls to Richard & Jennifer Hunt
and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Village of Cuba, County of
Allegany and State of New York, described as follows, viz: 14 Chapel Street,
.25 acre,
Tax Map # 179.7-3-65, and
WHEREAS, the Ways and Means Committee believes that the Terms of Sale and the
above sums offered are fair and reasonable and the best that can be obtained under the
circumstances and that the said sales will be advantageous to the County, now, therefore, be
it
RESOLVED:
1.
That such agreed to Terms of Sale and monetary offers are accepted and the
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Allegany and to cause to deliver to such purchasers a quit claim deed of the County's interest
in such premises, and to attach to such deeds the official seal; all upon satisfaction of the
Terms of Sale and full payment to the County Treasurer of the monetary offers.
Adopted: Roll Call
ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND
APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS
WHEREAS, a check in the amount of $220 representing the full cost to replace a
broken windshield on a County vehicle has been offered by NYMIR in settlement for such
property damage, now, therefore, be it
RESOLVED:
1.
That the amount of $220 from NYMIR representing the cost of replacing a
broken windshield on a County vehicle that was broken during a court transport to Cuba on
February 17, 2009 is accepted.
2.
That the sum of $220 is appropriated to Account No. CS1931.429 (Risk
Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No.
CS07.2680.00 (Risk Retention – Insurance Recovery).
Adopted: Roll Call
TRANSFER OF FUNDS WITHIN PUBLIC HEALTH
FAMILY PLANNING CLINIC ACCOUNTS
RESOVED:
1.
That the sum of $300 is transferred from Account No. A4035.409 (Fees) to
Account No. A4035.201 (Office Equipment), to cover the cost of a heavy duty shredder.
Adopted: Roll Call
APPROVING CONTRACT WITH ALLEGANY-CATTARAUGUS LEGAL SERVICES, INC.
FOR FAMILY COURT AND CRIMINAL COURT LEGAL REPRESENTATION OF
INDIGENT PERSONS WHERE CONFLICT EXISTS WITHIN
PUBLIC DEFENDER’S OFFICE;
AUTHORIZING CHAIRMAN TO EXECUTE SUCH CONTRACT
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Pursuant to Sections 363, 366, 450, and 722 of the County Law
WHEREAS, the County has solicited proposals for the provision of legal
representation in Family Court and Criminal Courts to those who are financially unable to
obtain counsel pursuant to New York State County Law Section 722, and
WHEREAS, Allegany-Cattaraugus Legal Services, Inc. having an office at (No Street
or Number), P.O. Box 96, Belmont, New York 14813, can provide the aforementioned legal
services for an amount not to exceed $153,375, plus actual expenses for expert witnesses
and other ordinary litigation expenses in an amount not to exceed $5,000, now, therefore, be
it
RESOLVED:
1.
That the Contract with Allegany-Cattaraugus Legal Services, Inc., to provide
such indigent representation for a term commencing April 1, 2009 and terminating December
31, 2009 is approved. The Chairman of this Board of Legislators is authorized to execute a
contract on behalf of Allegany County.
2.
Changes to the appropriation accounts and other budgetary changes necessary
to effectuate the above agreement shall be made by the Budget Officer.
Adopted: Roll Call
Voting No: Kruger, Reynolds, Ungermann
Legislator Kruger explained that his non-support was due to the fact that some of the
members of the Legal Services group are also employees of the County, which he felt was a
conflict of interest.
Legislator Ungermann reported that the Public Defender’s Office had 395 referrals for
conflicts last year and 236 for the previous year. This year, we seem to be on track for the
250 range. Three months of the contract year has already gone by, and if Mr. Pullen’s article
was correct in that the more we save on this type of service, the more it costs us, Mr.
Ungermann would rather see the County pay on a per diem basis for the rest of the year. Mr.
Ungermann would also like to see some accounting for time on each case to determine if we
are getting our money’s worth.
Legislator Reynolds also referred to Mr. Pullen’s article about “maintenance of effort” as it
relates to assigned counsel costs. This aspect of government concerns him in that if we save
money we’re punished by the state and federal government withholding our subsidy. In so
many cases, if you don’t spend what’s allocated, you’ll get less the following year. That’s his
issue with this. The County did receive a lower quote, but if it had been accepted, we
wouldn’t have upheld our “maintenance of efforts” and we would have actually lost money.
Legislator Pullen noted that he wrote the article (which appeared in the Cuba Patriot April 14)
to present information, some of it provided by NYSAC. They are working on amendments for
this issue. Mr. Pullen was not opposed to what Mr. Ungermann proposed, but the most
expensive option is going to be the Assigned Counsel Program which involves payments of
$75 per hour for each attorney appointed for the indigent defendants. When we did that a
few years back, it was more expensive than any option being considered now. Mr. Pullen
supported the resolution because he felt it represented the best interests of the taxpayers.
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Legislator Dibble also supported the resolution, but asked that the Request for Proposals be
done in the Fall this year for the next contract period.
APPROVAL OF AGREEMENT WITH J. TIMOTHY EMBSER, ESQ. TO PROVIDE
ADMINISTRATOR SERVICES UNDER ASSIGNED COUNSEL PLAN
WHEREAS, an "Assigned Counsel Plan for Indigent Persons" was approved by
Resolution No. 68-65, and amended by Resolution No. 93-65, and
WHEREAS, J. Timothy Embser, Esq., has agreed to act as Administrator pursuant to
such Plan beginning April 13, 2009 and expiring April 12, 2010, now, therefore be it
RESOLVED:
1.
That Agreement between the County of Allegany and J. Timothy Embser, Esq.
in relation to the Assigned Counsel Plan for Indigent Persons, is approved.
2.
That the amount of $15,000 to be paid pursuant to said Agreement shall be
charged to Account No. A1171.431, Assigned Counsel.
Adopted: Roll Call
Voting No: Reynolds
AUDITS:
adopted on a roll call vote of 12 Ayes, 1 No, 2 Absent, that the audit of claims, totaling
the County Administrator (Opposed: Ungermann). (Allegany County’s Local Dollar Share of
the NYS Medicaid Program paid year-to-date is $2,391,698.)
ADJOURNMENT:
The meeting was adjourned at 2:55 p.m. on a motion made by Legislator Reynolds,
seconded by Legislator Fanton and carried.
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REGULAR SESSION - APRIL 27, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by John M.
Pastalenic, former United States Army Corporal.
INVOCATION: The Invocation was given by Legislator Truax.
The Board meeting minutes of April 13, 2009 were approved on a motion made by
Legislator Dibble, seconded by Legislator Kruger and carried.
Chairman Crandall presented a certificate to John M. Pastalenic, former United States
Army Corporal, in grateful appreciation of his service to our country. Mr. Pastalenic’s military
service dates were from February 1943 to October 1945. His training included paratroop
training at Fort Benning, Georgia and ski troop training at Fort Hale, Colorado. Overseas
duty stations were in Italy and Southern France, where he was shot and wounded. Mr.
Pastalenic’s commendations included: Combat Infantry Badge, Parachute Badge, Bronze
Star, Purple Heart, WWII Victory Medal, and Eastern-African-Middle Eastern Campaign
Medal with 2 Bronze Service Stars. A photo was shared showing one of John’s paratrooper
comrades dressed in 90 pounds of gear before a mission, which helps one to appreciate the
position he was in parachuting over France. Mr. Pastalenic led the Pledge of Allegiance to
the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of
Allegiance Program.
PROCLAMATION:
Chairman Crandall proclaimed May 3-9, 2009 as Armed Forces Week in Allegany
County, offering a special salute to those brave men and women who have and are still
serving proudly and selflessly in that distinguished service.
PRIVILEGE OF THE FLOOR (continued):
Chairman Crandall presented a certificate to Deborah Aumick in recognition of her
dedicated service to Allegany County for over 23 years. Ms. Aumick began her tenure with
the County in 1985 as a Social Services Caseworker, and from there moved in 1987 to the
position of Probation Officer Trainee and in 1988 to the position of Probation Officer. In 2000,
Ms. Aumick took over the dual position of Youth Bureau Director and STOP DWI Program
Coordinator, and this is the position from which she retired effective March 31, 2009. Ms.
Aumick thanked her colleagues, County Administrator, and Legislators, past and present, for
their support and backing through the years.
Chairman Crandall granted privilege of the floor to Crime Victims Coordinator Shannon
Ozzella and Deborah Aumick from Senator Catharine Young’s Office regarding Crime
Victims’ Rights Awareness Week, which is April 26 to May 2. This year’s theme is “25 Years
of Rebuilding Lives; Celebrating the Victims of Crime Act” commemorating the enactment of
this landmark legislation. During this special week, victim services providers, justice
professionals, and others seek to promote greater public awareness of a serious problem that
affects our nation and its people every day. The District Attorney’s Office will be holding their
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annual Crime Victims Awards and Recognition Ceremony this Friday, May 1, at 4 p.m. in the
County Legislative Chambers as a way of thanking those who dedicate their lives to protect
the rights of crime victims.
Deborah Aumick, who was present on behalf of Senator Catharine Young, commented
on the Senator’s strong track record of legislation protecting the rights of crime victims. The
most famous of the legislation she worked on was “Penny’s Law,” which ensures that juvenile
offenders who are tried as adults also get sentenced as adults. Senator Young is a strong
proponent of protecting victims of domestic violence, and she serves on several task force
groups to protect the rights of, and make sure there is justice for, crime victims. Senator
Young is currently sponsoring legislation that will provide protection to vulnerable witnesses
who are reluctant to testify about crimes committed against them. The Senator also
recognizes that child predators have become more bold in their exploitation of children,
especially as the popularity of the internet grows, and she has sponsored legislation calling
for greater penalties. Senator Young is one of the strongest supporters of law enforcement
and plans to be our partner in Albany so our communities can remain safer. Ms. Aumick read
Senator Young’s proclamation Commemorating National Crime Victims’ Rights Week and
presented the proclamation to Chairman Crandall.
questions regarding their 2008 Annual Reports:
County Administrator, Office of
Development, Industrial Development Agency (IDA), Planning Board, Social Services, and
Tourism.
1.
May 2009 Legislative Board and Committee meeting calendar. Changes
included: Committee of the Whole meetings will be added after both of the Board meetings
on May 11 and May 26.
2.
Invitation for the Allegany County Fair Appreciation Dinner to be held May 12, in
the 4-H Building at the Fairgrounds, at 6 p.m.
1.
Town of Willing Resolution No. 34 of 2009 requesting that the County establish
a dedicated bridge fund along with the establishment of a multi-year capital bridge plan with
the appropriate funding.
2.
Town of Genesee Resolution No. 4-21b-09 requesting that the County establish
a dedicated bridge fund along with the establishment of a multi-year capital bridge plan with
the appropriate funding.
APPOINTMENT:
Chairman Crandall appointed Sherry Grugel of Cuba, New York, as a member of the
COMPREHENSIVE PLAN IMPLEMENTATION GROUP, effective immediately, to serve at
his pleasure.
PROCLAMATION:
Chairman Crandall proclaimed May 3-9, 2009 as County Government Week in
Allegany County, in a continuing effort to adapt government operations, improve efficiencies,
and modernize essential public services to meet the needs of our 21st Century communities.
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The New York State Association of Counties (NYSAC) and Allegany County are working
together to Restore the Partnership between all levels of government to better serve New
Yorkers.
RESOLUTIONS:
Resolution Intro. No. 65-09 (Approval of Lease Agreement between the Allegany
County Industrial Development Agency and the County of Allegany for Approximately 8,000
Square Feet of Space in the Crossroads Commerce Center Located at 6087 State Route 19,
Belmont, New York) was removed from the table following a motion made by Legislator
Pullen, seconded by Legislator Reynolds and carried (several Legislators were opposed).
The resolution was originally tabled on March 23.
APPROVAL OF LEASE AGREEMENT BETWEEN THE ALLEGANY COUNTY
INDUSTRIAL DEVELOPMENT AGENCY AND THE COUNTY OF ALLEGANY
FOR APPROXIMATELY 8,000 SQUARE FEET OF SPACE IN
THE CROSSROADS COMMERCE CENTER LOCATED AT
6087 STATE ROUTE 19, BELMONT, NEW YORK
RESOLVED:
1.
That Lease Agreement between the Allegany County Industrial Development
Agency, as Landlord, and the County of Allegany, as Tenant, for leasing premises at the
Crossroads Commerce Center located at 6087 State Route 19, Belmont, New York for
approximately 8,000 square foot, single floor structure to house the Allegany County Office
for the Aging, Veterans’ Services, and NY Connects is approved.
2.
That the term of this Lease Agreement will commence on the date construction
of the property is completed and issuance of a certificate of occupancy and run until May 31,
2014, with the right of Tenant to renew upon the same terms for an additional period of five
years.
3.
That the Chairman of this Board is authorized to execute the Lease Agreement.
4.
to the Allegany County Industrial Development Agency.
Adopted: Roll Call
Voting No: Burdick, Kruger, McCormick, O’Grady, Russo, Ungermann
(Memo: The lease agreement approved by Resolution No. 68-09 includes lease payments of
$8,500 per month for an annual total of $102,000.)
Legislator Kruger objected to voting on this issue until all Legislators have the opportunity to
hear what the Belmont Betterment Association had to say about the possibilities in the former
Belmont School and have all their questions answered. Many Legislators were not available
for the presentation to the Court Facilities and County Space Needs Committee earlier in the
month, and Mr. Kruger felt the BBA should be given the opportunity to present the information
to the entire Board. Mr. Kruger believes that the school facility has more to offer our senior
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citizens. He also made note of a letter received indicating that the inspection of the 1990
asbestos abatement in the school revealed that “the abatement remains intact and nothing
further is needed at this time to assure the affected areas are contained.” Mr. Kruger stated
that before we rush into building a new building and offer less for more money, we should
thoroughly explore the possibilities available in the school.
Legislator Pullen commented that these options were reviewed at length last summer, and for
almost a year different groups were given numerous occasions to do presentations. When
the Belmont Betterment Association met with the Court Facilities and County Space Needs
Committee earlier this month, they could not provide a firm proposal. The committee
considered what they had, and there are some things that undoubtedly can be done there
that would be well suited. They were not able to say what space we would need. They could
provide a square footage cost, but the general price they gave didn’t include utilities, as the
IDA lease does, and it didn’t include renovation costs or the costs for common areas. After
adding them in, assuming the space would be the same, the total would be very close to the
IDA proposal, or could easily exceed it when the space is actually laid out. That’s why the
committee did not move forward. Mr. Pullen also pointed out that the use of the gym and the
proposed food dispensing facility are not included in the price we were given. All other
common areas or services, if they happen, will be at an additional price. Parts of the school
building are old, and we’re not sure where our space would be located or what we would
have. The asbestos inspection letter that Mr. Kruger referred to also included a notation that
additional testing would be required, so we would have to wait to see what happens with that.
At this time, the BBA has no other tenants committed for the facility. The County has given
them more than enough time and opportunities, and we pursued every lead given to us. Mr.
Pullen stated that we have had a thorough, diligent, and comprehensive investigation, and
the IDA proposal is the best option.
Legislator Ungermann referred to a previous concern that the BBA school renovation would
not include a sprinkler system. He noted that the present Crossroads Center and the
proposed new building wouldn’t be either, unless we spend a lot of money for a big storage
tank, or we could become the end user for the Crossroads water and sewer project and pay
additional costs to get it across the expressway. There is a third option. Mr. Ungermann and
Mr. O’Grady had previously suggested building next to the jail where we already own 35
acres with good sight visibility to get in and out and room to expand. It has municipal water;
the Crossroads property doesn’t yet. There has also been discussion with the Village about
improving and installing the sanitary sewer system at the Public Safety Facility property. Last
May, County Administrator John Margeson put together some cost information for a steel
building. The cost for a 5,400 square foot building was $232,000, and a very rough total
estimate to purchase and erect this building for occupancy would be between $380,000 and
$400,000. If we wanted to double that, we’d have 10,800 square feet for about $88,000
annually over a ten year period to own, as opposed to the Crossroads proposal of 8,000
square feet (2,800 square feet less) for $102,000 annually over a ten year period to lease.
Over the next ten years, we’ll spend over $1 million to the IDA for 8,000 square feet when we
could spend $1 million to build out by the jail and have 12,000 square feet of space. Mr.
Ungermann felt that all of the options have not been thoroughly investigated, at least not by
all of the Legislators.
Legislator O’Grady supports moving the Office for the Aging from its present location, but his
concern is the cost associated with this proposal at this time. In two years, just between this
agreement and the cost of the Courthouse project, we could be looking at a four percent tax
increase without even addressing the “cost of living” increases in the budget. All options
should be exhausted before we move forward.
Legislator Fanton commented that he appreciated Mr. Ungermann’s proposal, but the IDA
proposal covers maintenance and utilities. If we build another building, we’re going to be
paying for the same services that would already be included in the IDA contract. There is an
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additional built-in cost for the County owning another building.
option on the table.
Mr. Fanton supports the
Legislator McCormick also believes the Office for the Aging needs the upgrade and more
room, but voiced concern about moving an agency so vital to the County and its citizens to a
site outside the village that hosts it. Over the years, the County has had a great working
relationship with the Village of Belmont. This is the County seat. The site owned by the
Belmont Betterment Association is within the Village, and plumbing work at that facility will
begin May 3, whereas work hasn’t commenced yet at the Crossroads site. Mr. McCormick
felt that the issue hasn’t been thoroughly explored, and the County can find a better solution.
Legislator Russo agreed with Legislators Kruger and Ungermann, and he noted that it’s hard
to vote on this issue without all the facts. Mr. Russo didn’t see the Belmont Betterment
Association’s presentation, but he did read the letter and has seen the school and doesn’t
believe there’s anything wrong there. Mr. Russo felt that the County could lease space at
that facility and have a nice situation for Office for the Aging. We need to take a hard look at
this before rushing into the IDA lease agreement.
Chairman Crandall commented that although he appreciated the comments and concerns,
this issue has gone through the process and has been explored thoroughly.
APPROVAL OF A STATE LEGISLATIVE BILL WHICH
AUTHORIZES ALLEGANY COUNTY TO IMPOSE AN ADDITIONAL
ONE AND ONE-HALF PERCENT OF SALES AND COMPENSATING USE TAXES
UNTIL NOVEMBER 30, 2011; DECLARING EXISTENCE OF NECESSITY AND
REQUESTING PASSAGE OF BILL BY STATE LEGISLATURE
Pursuant to Municipal Home Rule Law § 40
WHEREAS, the only two substantial tax revenues available to Allegany County are
real property and sales taxes, and
WHEREAS, Allegany County is at its sales tax limit, and
WHEREAS, by Chapter 121 of the 2007 Laws of the State of New York, the County of
Allegany was authorized to impose an additional one and one-half percent sales tax for the
period December 1, 2007 to November 30, 2009, and
WHEREAS, by Resolution No. 170-07, such additional sales tax was imposed for such
period, and
WHEREAS, Allegany County is presently at 80 percent of its constitutional taxing limit
for real property taxes, and
WHEREAS, Allegany County will be at 100 percent of such constitutional taxing limit if
such additional sales tax is not reauthorized, and
WHEREAS, Allegany County has had no substantial growth in real estate assessed
valuation in the past five years, and
WHEREAS, in the current economic condition of Allegany County any substantial
increase in real estate taxes would put in financial jeopardy the County's large percentage of
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senior citizens with fixed incomes who would have no choice but to pay such taxes out of
such fixed incomes, now, therefore, be it
RESOLVED:
1.
That the Allegany County Board of Legislators approves of a State legislative
bill bearing Senate No. S.3813 and Assembly No. A.7462, entitled
AN ACT to amend the tax law, in relation to extending the expiration of the provisions
authorizing the County of Allegany to impose an additional one and one-half percent
sales and compensating use taxes
2.
That such Board does declare that a necessity exists for the passage of such
bill and requests its passage by the State Legislature.
3.
That the Clerk of this Board is authorized and directed to submit to the Senate
and Assembly the foregoing request in such form and manner that conforms to rules
promulgated by concurrent resolution of the Senate and Assembly pursuant to Article 3-A of
the Legislative Law.
Adopted: Roll Call
(Memo: Resolution No. 69-09 is the second step in the Home Rule Legislation process which
requires the County to pass a resolution approving and requesting passage of the Senate
and Assembly bills drafted in response to our Resolution No. 46-09 approved on March 9.
Based on sales tax revenue of $18,240,275 for 2008, the additional one and one-half percent
sales tax resulted in $6,080,092 revenue.)
Legislator Kruger noted that he has not supported the additional sales tax because he is
trying to support businesses in the County, and they should be put in a competitive
environment with the surrounding counties.
Legislator Ungermann illustrated the scenario of his own business collecting sales tax. Until
Allegany County’s sales tax became one-half percent higher than surrounding counties,
whatever was sold was taxed at 8 percent. It was collected and filed, and all the money went
to Allegany County. Now they have to file it in the various counties and entities, and all sales
made out of the County have to be earmarked for that county. About 60 percent of the sales
tax they collect has to be shipped to another county, when it used to all come here. Mr.
Ungermann has tried in the past to point out that our County is not competitive with the others
around us. He would support the additional one percent, but not the one and one-half
percent because we’re shortchanging ourselves. If we can’t afford the loss of the additional
sales tax revenue, then we need to cut something else. An example would be the last
resolution voted on, and there are other opportunities to save hundreds of thousands of
dollars per year, but we won’t do it.
Legislator Pullen pointed out that in prior years when this sales tax issue has come up, the
press has reported it as an increase. Although it is an increase over the basic structure of
sales tax for a county, it is not an increase over what we have today. This process is
necessary simply to maintain the sales tax rate at the current level because the state requires
us to renew it periodically. Mr. Pullen stated that he looks forward to the day when we can
lower it to get back to that competitive level, but given the mandates and the other issues
we’ve had to deal with, and continue to deal with, he does not see an alternative. If we were
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to reduce this from the one and one-half percent to the one percent level, it would cost us $2
million in revenues annually. That equates to an eight to ten percent increase in property tax
to make up the difference, and that’s too high as well. We have to make a hard choice.
Legislator O’Grady commented that if there was a list of programs to cut attached to this
resolution, he would vote against it. There’s not, and he sees no choice right now but to
support it. If we were to see some economic development in Wellsville or the Crossroads
area or somewhere else in the County, he would choose to suspend the additional one-half
percent at that time.
Legislator Russo voiced his non-support and stated that we need to seriously look at cutting,
modifying, or eliminating non-mandated expenses. All we do is throw money at the problems
and hope they’ll go away. He understands what will happen if this doesn’t go through, but he
felt we should get serious about decreasing the size of government and eliminating some of
the expenses of the County for the already over-burdened taxpayers.
Legislator Truax commented that he has voted against the additional one-half percent sales
tax every time it has come up. The year it was instituted, it was supposed to get us through
that one year, but it still hasn’t gone away. It’s time to eliminate it and make us competitive
again.
Legislator McCormick stated that the County needs to be at a competitive level with the
surrounding counties right now. We can’t wait three or four years or until something gets
built. The competition is on right now, and we’re losing at that game. If we eliminate the onehalf percent, it would help our retail sector, the salesman, the truck driver, and the consumer.
It’s a win-win situation. Mr. McCormick urged taking that step today.
Legislator Reynolds noted that he’s considered the competition issue, but in reality, until we
increase the infrastructure and build up some economic potential in the County, we aren’t
going to draw those consumers back to the County by cutting that one-half percent sales tax.
We have Hornell on one side and Olean on the other, with all they have to offer, and people
are going to go where the goods and services they want are located. We don’t have all that
now because we don’t have the infrastructure, but we’re working on it.
Legislator Fanton questioned County Administrator John Margeson on the increase in sales
tax revenue over the past few years. Mr. Margeson reported that it was a ten percent
increase last year and two to three percent in previous years. Mr. Fanton also responded to
the comment that we haven’t cut costs. We have already cut some programs that saved the
County a lot of money. We cut the nursing program and privatized it, saving about $500,000,
and there were other areas of savings. Mr. Fanton doesn’t like the additional sales tax either,
but is going to support it. The bottom line is that it will put the burden on the property tax
payers if the additional one-half percent sales tax is eliminated, because you’re not going to
cut $2 million out of the budget in just a year or two.
Legislator Truax commented that it’s not just a matter of running over to Walmart in Hornell;
it’s taxes on gasoline, the electric bill, the phone bill, and the gas bill you’re paying every day.
You’re already paying whether you shop there or here. It’s not just traveling out of the
County. It’s hitting everybody every day.
RESOLUTION INTRO. NO. 76-09 (RESOLUTION DIRECTING THAT ALL REVENUE
RECEIVED FOR HOUSING NON-LOCAL INMATES BE PAID INTO THE PUBLIC SAFETY
AND TRAINING FACILITY DEBT RESERVE FUND) WAS REFERRED TO THE BUDGET
COMMITTEE following a motion made by Legislator Hopkins, who also noted that the Budget
Committee has been looking at this issue since last December, but the County is still at a
point where less money has been taken in than what’s been spent so far for debt service.
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The motion was seconded by Legislator Fanton and carried on a roll call vote of 10 Ayes, 5
Noes, 0 Absent (opposed: Kruger, McCormick, Russo, Truax, Ungermann).
APPOINTMENT OF JOHN CORNEBY TO ALLEGANY COUNTY
Pursuant to Title 1 of Article 18-A and Section 906-a of the General Municipal Law
WHEREAS, a vacancy exists on the Industrial Development Agency due to the death
of Wayne (Bud) Allen, now, therefore, be it
RESOLVED:
1.
That John Corneby of Whitesville, New York, is appointed as member of the
Allegany County Industrial Development Agency with term of office commencing April 20,
2009 and expiring December 31, 2009.
2.
to the Secretary of State for filing pursuant to Section 856(2) of the General Municipal Law.
Adopted: Voice Vote
Legislator McCormick questioned if Legislator Hopkins, who is a member of the IDA Board,
should abstain from voting. County Attorney Thomas Miner replied that there was no direct
conflict. Mr. McCormick commented that Mr. Corneby is a good businessman, an
independent thinker, and a real entrepreneur, and he hopes Mr. Corneby will bring that
entrepreneurial spirit to the IDA Board. What we’ve seen lately is the IDA’s involvement in
constructing a building for a government agency, and the present Crossroads facility houses
government entities. Mr. McCormick would like to see them look beyond that to inspire
industrial growth in this County. He’s sure Mr. Corneby will bring that to this Board.
Legislator Hopkins expressed his belief that the IDA vision is a broad vision, but they have a
lot of restrictions by law and have to act within those restrictions. The IDA continues to look
at ways to increase jobs and the County’s tax base. They have had some successes, as
illustrated by their involvement in Friendship Dairy’s and Alstom’s expansions, and there have
been others.
Legislator Reynolds commended the hard work and accomplishments of the IDA, given their
history and the small amount of funds they were left with from the previous situation. Also of
note was that the IDA did not approach the County about the Office for the Aging situation,
we approached them. The IDA does work hard, and there is a lot to be done.
Industrial Development Agency Executive Director John Foels gave an overview of IDA
accomplishments. When they came in, there was not only a new Director for Development,
there was a new Executive Director for IDA and a new IDA Board. There was a change
across the board. Things the IDA was traditionally involved in were preempted in many
cases by when the Empire Zone was extended to other communities. The zone was based
in Cuba and Friendship, and with the cooperation of the other communities, they were able to
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move that footprint to include Dresser, Alstom, Friendship Dairy, and other businesses,
because in many cases Empire Zone benefits were more significant than what the traditional
IDA benefits were. Also, when they looked at what the value to the communities was, in
many cases Empire Zone status means that businesses pay full property taxes and then are
given NYS tax credits against them. IDA involvement sometimes penalizes the community
for a 15-year period of time. They look for a balance, and that’s been the attitude and
philosophy of the IDA Board – fairness between business, community, and the taxpayers.
Mr. Foels commented that John Corneby has been on the business advisory board for ten
years and will be a very good addition to the IDA Board. Also noted was the fact that this
vacancy was created by the death of former IDA Board member Wayne (Bud) Allen.
SALE OF TAX LAND IN THE TOWN OF WELLSVILLE
WHEREAS, the Town of Wellsville, 156 North Main Street, Room 11, Wellsville, New
York 14895 has agreed to Term of Sale and offered the sum of $1.00 plus current year’s tax
for a deed of the County's interest in premises formerly assessed on the tax rolls to Henry P.
Bauer and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Wellsville, County
of Allegany and State of New York, described as follows, viz: W. Hanover Street; .11
acre; Tax Map No. 239.13-1-74, and
WHEREAS, the Ways and Means Committee believes that the Term of Sale and the
above sum offered is fair and reasonable and the best that can be obtained under the
circumstances and that the said sale will be advantageous to the County, now, therefore, be
it
RESOLVED:
1.
That such agreed to Term of Sale and monetary offer is accepted and the
Allegany and to cause to deliver to such purchaser a quit claim deed of the County's interest
in such premises, and to attach to such deed the official seal; all upon satisfaction of the
Term of Sale and full payment to the County Treasurer of the monetary offer.
Seconded by: Mr. O’Grady
Adopted: Roll Call
ACCEPTING AND APPROPRIATING FEDERAL AND STATE FUNDING
TO OFFICE FOR THE AGING ACCOUNTS
RESOLVED:
1.
That the sum of $16,391 of federal and state funding to Office for the Aging
Appropriation and Revenue Accounts is accepted.
2.
That the accepted sum of $16,391 is appropriated as follows: $1,261 to
Account No. A6775.4, $5,130 to Account No. A6782.4, $10,000 to Account No. A6787.4, with
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a sum of $1,261 credited to Revenue Account No. A10.3772.04, $5,130 to Revenue Account
No. A11.4772.06, and $10,000 to Revenue Account No. A10.3772.6787.
Moved by: Mr. Truax
Adopted: Roll Call
(Memo: The accounts referred to in Resolution No. 72-09 are the State LTCOP, HIICAP, and
NY Connects accounts, and the funding is an increase in existing grant programs.)
Resolution Intro. No. 80-09 (Transfer of Funds from Contingent Account to Public
Works Road Machinery Equipment Account) was amended on a motion made by Legislator
Reynolds, seconded by Legislator Fanton and carried, by correcting the amount of the
transfer from $29,972.09 to $26,973.
TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO
PUBLIC WORKS ROAD MACHINERY EQUIPMENT ACCOUNT
RESOLVED:
1.
That the sum of $26,973 is transferred from Account No. A1990.4 (Contingent)
to Account No. DM5130.204 (Road Machinery - Equipment), to pay for additional repair costs
on the reconditioning of the Bridge Maintenance Unit.
Adopted: Roll Call
(Memo: Regarding Resolution No. 73-09, the amount originally budgeted for the referenced
repair was $200,000, but the total bill came to $226,972.09. The larger amount was the
result of additional repairs that were found to be necessary after the unit was dismantled.)
APPROVING AGREEMENT WITH THE
ALLEGANY COUNTY COUNCIL ON ALCOHOLISM AND SUBSTANCE ABUSE;
APPROPRIATION OF FUNDS AND RATIFYING SHERIFF’S SIGNATURE
RESOLVED:
1.
That agreement between the County of Allegany and the Allegany County
Council on Alcoholism and Substance Abuse, to implement sobriety checkpoints, party
patrols, and compliance checks in Allegany County, is approved.
2.
That the sum of $10,000 is appropriated as follows: $9,126 to Account No.
A3150.103 (Jail – Personnel Services), $874 to Account No. A3110.422 (Sheriff – Gas & Oil),
with a like sum credited to Revenue Account No. A02.1510.02 (Sheriff’s Fees – ACASA).
3.
That the signature by the Sheriff is ratified by this Board.
Moved by: Mr. Truax
Adopted: Roll Call
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(Memo: The contract referenced in Resolution No. 74-09 requires a total of 300 hours of
patrols in return for a fee of $10,000 for the period of 12/08 through 05/09, resulting in an
hourly rate of $33.33. The standard billing rate for a Deputy Sheriff to the STOP DWI
Program is $30.42 per hour. Based on 300 hours, this results in a personnel cost of
approximately $9,126, allowing the other $874 to be appropriated for gas expenses.)
APPROVAL OF AGREEMENT WITH THE
NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS
PROVIDING FOR REIMBURSEMENT OF EXPENSES INCURRED BY DIRECTOR OF
WEIGHTS AND MEASURES IN PETROLEUM PRODUCT QUALITY PROGRAM;
APPROPRIATION OF INCREASE IN FUNDING
RESOLVED:
1.
That an Agreement between the County of Allegany and the New York State
Department of Agriculture and Markets providing for reimbursement of certain expenses
incurred by the Allegany County Director of Weights and Measures in administering the New
York State Petroleum Product Quality Program for period beginning April 1, 2009 and ending
March 31, 2014, is approved.
2.
That the annual increase of funding in the amount of $1,050 is appropriated to
Account No. A6610.422 (Consumer Affairs – Gasoline) with a like sum credited to Revenue
Account No. A10.3989.01 (State Aid – Weights & Measures – Testing).
3.
That the Chairman of this Board is authorized to execute such Agreement and
all necessary required forms or vouchers to secure reimbursement.
Adopted: Roll Call
(Memo:
The contract approved in Resolution No. 75-09 includes a total annual
reimbursement amount of $5,040, which represents an increase of $1,050 annually over the
last contract. The total reimbursement for the five-year period is $25,200.)
APPROVING AGREEMENT WITH ECC TECHNOLOGIES, INC.;
TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT
RESOLVED:
1.
That agreement between the County of Allegany and ECC Technologies, Inc.,
for Phase 1 – Fiber Needs Assessment and Cost Modeling for the Allegany County Open
Access Model Business Plan, is approved.
2.
to Account No. A1011.409 (County Administrator – Fees).
3.
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Adopted: Roll Call
Legislator Hall explained that we talk a lot about infrastructure, and the obvious things we
often hear about are bridges, sewer, and water, but our companies in this County can’t
compete unless we have communications. This contract will provide us with the first step in
developing access to fiber, which our companies need, and we need, if we’re going to have
people come in to the County, so they can maintain the kind of communications that other
places have in the urban areas. There are billions of dollars right now in the federal
government to give us access to development of this type of infrastructure. Mr. Hall urged
support of the resolution so we can move forward.
Legislator Pullen wanted to make clear that the proposal for what we need to build the fiber
backbone to provide high-speed internet access and other telecommunications access
requires two separate phases. This resolution will fund the first phase only, and his opinion is
that this is the only support that should come from the County. We must move forward with
this to become competitive for stimulus and grant funding. There has been an application
submitted to Empire State Development for the rest of the costs for the next phase. This first
phase is for a feasibility study, and the second is for development of a business plan. Mr.
Pullen also briefly described the need to hire a business consultant to prove this is a viable
business operation as being proposed. The first phase will get us up and running. For the
rest of it, he proposes that we talk to local businesses, not-for-profits, municipalities, schools,
and individuals, anyone interested in moving up to the 21st century.
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Dibble and carried,
A motion was made by Legislator Truax, seconded by Legislator Kruger and adopted
COMMENTS:
Legislator Russo requested clarification on Legislator Hopkins’ comment regarding
Resolution Intro. No. 76-09 on the Public Safety and Training Facility Debt Reserve Fund,
which was referred to the Budget Committee. Mr. Hopkins responded that a report in
January showed that we’ve taken in about $400,000, and debt service right now is about $1.5
million. We started paying for the cost of debt service about a year before we started taking
additional prisoners in. Also, we have costs associated with the jail that we wouldn’t have
otherwise due to the increased number of prisoners, i.e. labor costs. The question is whether
we use net revenue or gross revenue when we start looking at that figure, but we haven’t
even gotten to the point yet where we’ve taken in enough revenue to cover the current costs
of the debt service. Legislator Kruger commented that money the jail brings in should go into
an account to pay for the jail, and the operating costs shouldn’t be part of that mix. The debt
created by the building should be paid for by the building. Mr. Fanton agreed, but noted we
haven’t done that yet because there is still over $500,000 of local tax money that we are
“owed” by that fund. When that’s done, the Budget Committee will look at a proposal to deal
with the reserve fund, but it may not be this year or even next year.
96
Legislator McCormick made reference to correspondence received from two towns
regarding dedicated money for bridge maintenance, and noted that Wellsville is also
concerned about it. A dedicated fund should be looked into.
Wallace Higgins, from the Allegany Senior Foundation, expressed appreciation for the
approval of the lease agreement for Office for the Aging facilities at the Crossroads Center.
--------
REGULAR SESSION - MAY 11, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Robert F.
Polanowski, retired United States Navy Postal Clerk 1st Class and Norma Polanowski,
former United States Navy Yeoman 2nd Class.
ROLL CALL: 14 Present; 1 Absent (Legislator O’Grady).
A motion was made by Legislator Dibble and seconded by Legislator Fanton for
approval of the Board meeting minutes of April 27, 2009. Legislator Ungermann questioned
the action taken in removing Resolution No. 68-09 from the table by a voice vote, when he
understood from Robert’s Rules of Order that a two-thirds roll call vote was required.
Legislator Kruger also voiced concern about the validity of the vote. County Attorney Thomas
Miner stated that the resolution was being taken off the table, not being offered from the floor,
and a simple majority vote was all that was required. The motion to approve the minutes was
carried.
Chairman Crandall presented certificates to Robert F. Polanowski, retired United
States Navy Postal Clerk 1st Class, and Norma Polanowski, former United States Navy
Yeoman 2nd Class, in grateful appreciation of their service to our country. Norma
Polanowski’s service dates were from October 1952 to July 1961. Her duty stations included
Basic Training, Service School, and Administrative Command in Bainbridge, MD; Naval
Base, Long Beach, CA; and Naval District Headquarters, New York, NY. Mrs. Polanowski
received two good conduct awards. After her time in the Navy, she served in Naval
Intelligence as Civil Service for twelve years. Robert Polanowski’s service dates were from
October 1943 to November 1962. His duty stations included Basic Training in San Diego,
CA; Pearl Harbor, Hawaii; USS Helena (Cruiser); Guam; USS Yorktown (Carrier); USS
Bremerton (Cruiser); and Brooklyn, NY. Most of his overseas duty was in the Pacific for both
World War II and the Korean Conflict, and he received commendations for good conduct and
several other awards. Mr. and Mrs. Polanowski led the Pledge of Allegiance to the Flag at
the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance
Program.
97
BOARD OF LEGISLATORS SESSION MINUTES, MAY 11, 2009
Chairman Crandall granted privilege of the floor to Richard Golas from SCORE, which
is a nationwide organization that assists small businesses. SCORE is sponsored by the
Small Business Association and offers free services via internet, phone, or face-to-face
meetings. Locally, SCORE recently received a grant to expand into rural areas of New York
State. Where historically services were limited to metropolitan areas, SCORE now has office
hours in Olean, Belmont, Houghton, and Wellsville. Some of the new businesses they’ve
worked with have the potential to be very successful. SCORE is also currently working with
Gretchen Hanchett from ACCORD’s Allegany Business Center, and they serve on the
revolving loan committee. The ACCORD Business Center and SCORE are co-sponsoring a
free seminar on May 27 at the Crossroads Center regarding new loans that will be available
through the American Recovery and Reinvestment Act (ARRA). It’s important to get this
information out to local bankers and small business owners. Small businesses are the
backbone of our economy, and Mr. Golas encouraged legislators to talk with small business
owners in their districts to see if they are having any problems.
1.
Report of Intrafund Transfers approved by the County Administrator in April.
2.
Report of Tax Bill Corrections approved by the County Administrator in April.
1.
Notice of the next InterCounty Association meeting to be hosted by Seneca
County at the Ginny Lee/Wagner Vineyard in Lodi on May 15.
2.
Invitation to attend the Legislative Intern Model Session on Monday, May 18,
from 10:30 a.m. to Noon.
3.
Invitation to attend the Entrepreneurial Assistance Program Graduation
Ceremony at the Crossroads Center on Friday, May 29, from 6 to 8 p.m.
4.
Correspondence from Assembly Republican Leader Brian M. Kolb introducing
himself and encouraging communication.
5.
Reminder for the Bare Knuckle Boxing Hall of Fame Open House at the St.
Patrick’s Parish Hall in Belfast on May 16, from 5 to 8 p.m.
6.
Correspondence from Timothy Gilchrist, Senior Advisor for Infrastructure and
Transportation, regarding projects submitted to Governor Paterson’s Economic Recovery and
Reinvestment Cabinet.
7.
Legislator Kruger requested that correspondence he received be read regarding
the potential closure of the New York State Nursery. Mr. Kruger suggested that the Board
take action on this and pass a resolution to be forwarded to the Forest Practice Board. The
State Nursery provides trees to County residents at low cost. (This issue will be referred to
the Public Works Committee to sponsor a resolution which can also be sent on to
InterCounty.)
PROCLAMATIONS:
Chairman Crandall proclaimed May 17-22, 2009 as Small Business Week in Allegany
County, and also recognized and commended SCORE’s volunteers for their time and
expertise donated to assist local entrepreneurs.
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Chairman Crandall proclaimed May 2009 as Older Americans Month in Allegany
County, and urged everyone to take the time to honor our older adults and the professionals,
family members, and citizens who care for them.
RESOLUTIONS:
RESOLUTION REDUCING THE NUMBER OF
COMMUNITY SERVICES BOARD MEMBERS FROM FIFTEEN TO NINE AND
APPOINTMENT OF MEMBERS TO SUCH NEWLY FORMED BOARD
WHEREAS, effective July 22, 1982, Section 41.11 of the Mental Hygiene Law
provides that in all local governments with a population less than one hundred thousand,
community services board, at the option of the local government, shall have either nine or
fifteen members appointed by the local government, and
WHEREAS, pursuant to Resolution No. 75-78 the Community Services Board is a
fifteen member board, and
WHEREAS, the Community Services Board has difficulty filling vacancies and
maintaining fifteen members, and
WHEREAS, the Community Services Board has passed a resolution requesting the
Allegany County Board of Legislators reconstitute the Community Services Board as a nine
member board, and
WHEREAS, each current member of the Community Services Board has submitted a
written resignation to be effective immediately prior to the creation of a new nine member
Community Services Board on May 19, 2009, now, therefore, be it
RESOLVED:
1.
The Community Services Board shall hereafter consist of nine members
effective May 19, 2009.
2.
That such newly appointed members will initially have staggered terms with
three members to be appointed for a two-year term, three members to be appointed for a
three-year term, and three members to be appointed for a four-year term; thereafter each will
serve four-year terms, and
3.
That the appointment of the following persons to the Community Services
Board, with term of office for each commencing May 19, 2009 and expiring as set forth below,
are approved:
Edna Howard
December 31, 2013
Shirley Lyon-Bentley
December 31, 2013
Linda Edwards
December 31, 2013
Sandra Blake
December 31, 2012
Sharon Hibbard
December 31, 2012
Cathy Freytag
December 31, 2012
Kathy Bentley
December 31, 2011
Ronald Truax
December 31, 2011
Vacant
December 31, 2011
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4.
That Brent L. Reynolds of Alfred Station, New York and Judith E. Samber of
Alfred, New York are appointed to the Community Services Board as Ex-Officio Members,
with term of office commencing May 19, 2009 and expiring December 31, 2012.
Moved by: Mr. Truax
Adopted: Roll Call
ACCEPTANCE OF UNANTICIPATED STATE AID FOR
THE OFFICE OF MENTAL HEALTH; APPROPRIATION OF FUNDS TO
MENTAL HEALTH – YOUTH ICM EQUIPMENT ACCOUNT
RESOLVED:
1.
That the sum of $17,000 in unanticipated state aid is accepted and appropriated
to Account No. A4312.204 (Motor Vehicles – Mental Health Youth ICM) with a like sum
credited to Revenue Account No. A11.4490.00 (Mental Health Medicaid).
Moved by: Mr. Truax
Adopted: Roll Call
ACCEPTANCE OF ADDITIONAL NEW YORK STATE GRANT FUNDS FOR
IMPLEMENTING A CENTRALIZED COUNTY LEVEL DATABASE
FOR TAX COLLECTION INFORMATION; TRANSFERRING FUNDS
FROM CONTINGENT ACCOUNT AND APPROPRIATION OF FUNDS
RESOLVED:
1.
That additional grant funds in the amount of $25,000 from New York State for
implementing a centralized County level database for tax collection information and the
transfer of $2,720 from Account No. A1990.4 (Contingent), to cover the implementation costs
for all tax collectors to have access and training, is accepted and approved.
2.
That the total sum of $27,720 is appropriated to Account No. A1325.429
(County Treasurer – County Tax Collection Initiative Grant) with the $25,000 credited to
Revenue Account No. A10.3089.1325 (State Aid – Tax Collection Grant).
Adopted: Roll Call
(Memo: Resolution No. 79-09 accepts the second phase of grant funding from the state for
the implementation of a centralized County-level database for tax collection information. An
additional $25,000 is provided towards implementation and will allow for all 58 tax collectors
in the County to collect and return their taxes electronically. It covers most of the costs for
implementation and requires an additional $2,720 for start up costs. Tax collectors will have
access and training on a centralized database, and the annual cost for municipalities will be
minimal if they choose to implement. The Treasurer’s Office will begin the implementation
100
process during the summer for activation with School Tax Collectors in the fall, with phasingin to continue with Town Tax Collectors, and finally Village Tax Collectors.)
ACCEPTANCE AND APPROPRIATION OF FUNDS FROM
THE NEW YORK STATE DEPARTMENT OF HEALTH FOR TOBACCO ENFORCEMENT
AND COST OF LIVING ADJUSTMENT FOR SEVERAL GRANT FUNDED PROGRAMS
RESOLVED:
1.
That the sum of $2,535 from the New York State Department of Health for the
Tobacco Enforcement Program is accepted and appropriated to Account No. A4051.409 with
a like sum credited to Revenue Account No. A10.3450.04.
2.
That the sum of $47,349 from the New York State Department of Health for
Cost of Living Adjustment for several grant funded programs is accepted and appropriated as
follows: $2,850 to Account No. A4035.2, $2,500 to Account No. A4037.2, $500 to Account
No. A4190.2, $24,091 to Account No. A4190.4, $11,603 to Account No. A4035.4, $708 to
Account No. A4037.4, $1,043 to Account No. A4043.4, $1,494 to Account No. A4054.4, and
$2,560 to Account No. A4056.4; with a like sum of $47,349 credited as follows: $1,494 to
Revenue Account No. A10.3401.4054, $2,560 to Revenue Account No. A10.3473.00, $3,208
to Revenue Account No. A10.3437.00, $14,453 to Revenue Account No. A10.3450.00,
$1,043 to Revenue Account No. A10.3450.01, and $24,591 to Revenue Account No.
A11.4452.00.
Moved by: Mr. Truax
Adopted: Roll Call
(Memo: The funds accepted per Resolution No. 80-09 all represent cost of living adjustments
for the following programs in addition to the Tobacco Enforcement Program referred to:
Immunization, Family Planning, Children with Special Needs, Rabies, WIC, and Lead.)
TRANSFER OF FUNDS WITHIN OFFICE FOR THE AGING PROGRAMS
RESOLVED:
1.
That the sum of $5,000 is transferred from Account No. A6772.474 (Caterer) to
Account No. A6772.201 (Equipment) to purchase electric meal carriers for home delivered
meals.
Moved by: Mr. Truax
Adopted: Roll Call
TRANSFER OF FUNDS WITHIN BIO-TERRORISM PREPAREDNESS ACCOUNT
101
RESOLVED:
1.
That the sum of $6,000 is transferred from Account No. A4189.4 to Account No.
A4189.2 to cover the cost of equipment within Bio-terrorism Grant Contract.
Moved by: Mr. Truax
Adopted: Roll Call
TRANSFER OF FUNDS WITHIN CANCER SCREENING ACCOUNT
RESOLVED:
1.
A4071.2 to cover the cost of a new computer.
Moved by: Mr. Truax
Adopted: Roll Call
TOURISM AND CULTURE CONTRACTUAL EXPENSES ACCOUNT
Offered by: Budget and Ways and Means Committees
RESOLVED:
1.
to Account No. A6989.477 (Tourism – Contractual) to finance agreement with the Greater
Allegany County Chamber of Commerce for tourism services.
Adopted: Roll Call
(Memo: The transfer approved by Resolution No. 84-09 will finance the agreement approved
by Resolution No. 52-09 on March 9, 2009. The sum of $25,000 was due when the
agreement was executed, and the remaining $25,000 will be due on or around October 13,
2009. The term of the agreement is March 9, 2009 through March 8, 2010.)
Resolution Intro. No. 92-09 (Authorizing the Implementation and Funding in the First
Instance of 100 Percent of the Federal Aid Highway and Marchiselli Aid Local Project Eligible
Costs of an Economic Recovery Project and Appropriating Funds Therefor) was not pre-filed
and was considered from the floor on a motion made by Legislator Fanton, seconded by
Legislator Dibble and carried by an affirmative voice vote of the requisite two-thirds of the
Board membership.
AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE OF
100 PERCENT OF THE FEDERAL AID HIGHWAY AND
MARCHISELLI AID LOCAL PROJECT ELIGIBLE COSTS, OF AN
ECONOMIC RECOVERY PROJECT AND APPROPRIATING FUNDS THEREFOR
102
WHEREAS, a Project for the resurfacing of 7.25 miles of Allegany CR 12 from Village
of Alfred Line to SR 417, in the County of Allegany Economic Recovery Projects (hereinafter
“the Project”), in the County of Allegany, (hereinafter “the Municipality/Sponsor”) is eligible for
funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs
of such program to be borne at the ratio of 100 percent federal funds and 0 percent nonfederal funds, now, therefore, be it
RESOLVED:
1.
Project.
That the Allegany County Board of Legislators hereby approves the above
2.
That the Allegany County Board of Legislators authorizes to pay in the first
instance the full federal costs and full non-federal costs of any and all phase(s) or portions
thereof and hereby appropriates from an account to be designated by the County Treasurer
the funds necessary to complete the Project including all phases or portions thereof.
3.
That the Allegany County Board of Legislators makes a 100 percent
commitment of the non-federal share (if any) of the costs of Construction/Construction
Inspection phase(s) of work for the Project or portions thereof, with the federal share of such
costs to be applied directly by the New York State Department of Transportation (hereinafter
“NYSDOT”) pursuant to the State/Local Agreement.
4.
That upon completion of the construction of the Project, or a fully usable portion
thereof, the County of Allegany agrees to maintain the Project, or fully usable portion thereof,
at their sole cost and expense.
5.
That in the event the full federal and non-federal share of the Project exceeds
the amount appropriated above, the Allegany County Board of Legislators shall convene as
soon as possible to appropriate said excess amount immediately.
6.
That the Chairman of the Allegany County Board of Legislators is hereby
authorized to execute all necessary Agreements or certifications on behalf of the County,
subject to the County Attorney’s approval as to form and content, with NYSDOT in
connection with the advancement or approval of the Project identified in the State/Local
Agreement; and providing for the administration of the Project and the municipality’s first
instance funding of the non-federal share of project costs and permanent funding of the local
share of federal aid and state aid eligible Project costs and all Project costs within
appropriations therefore that are not so eligible.
7.
That a certified copy of this Resolution be filed with the New York State
Commissioner of the Department of Transportation by attaching it to any necessary
Agreement in connection with the Project.
8.
That this Resolution shall take effect immediately.
Adopted: Roll Call
AUDITS:
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A motion was made by Legislator Truax, seconded by Legislator Kruger and adopted
on a roll call vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $3,169,338.45
including prepaid expenses, be approved for payment as recommended by the County
Administrator (Voting No: Ungermann). (Allegany County’s Local Dollar Share of the NYS
Medicaid Program paid year-to-date is $3,012,630.)
Hopkins, seconded by Legislator Pullen and carried.
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REGULAR SESSION - MAY 26, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Karl L.
Grantier, former United States Air Force Airman 1st Class.
ROLL CALL: 11 Present; 4 Absent (Legislators Hall, O’Grady, Reynolds, and Truax).
The Board meeting minutes of May 11, 2009 were approved on a motion made by
Legislator Dibble, seconded by Legislator McCormick and carried.
Chairman Crandall presented a certificate to Karl L. Grantier, former United States Air
Force Airman 1st Class, in grateful appreciation of his service to our country. Mr. Grantier’s
service dates were from July 1955 to his medical retirement in October 1958 following being
burned in an airfield fire. He was trained and based at Amarillo Air Force Base in Texas, and
since his retirement, has held the positions of Officer and Post Commander in the American
Legion for 42 years. Mr. Grantier led the Pledge of Allegiance to the Flag at the beginning of
the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall granted privilege of the floor to the following:
Public Health Director Lori Ballengee spoke about an upcoming event to benefit
Cancer Services. Jon Nickerson of Scio was recently deeply touched by a child with cancer.
Mr. Nickerson and the Scio Youth Athletics Committee, along with the Allegany County
Cancer Services, have organized the 1st Annual Pitching in for a Cure, a T-Ball Game Day,
with proceeds to be donated to Cancer Services. The event will be held on June 6 at the
Scio Athletic Fields beginning at 8:30 a.m. and will include a Ceremonial Survivor
Recognition Pitch at 12:45, an adult game, prizes, and raffles. Legislators and the press
were extended a special invitation.
Martha Roberts, Agricultural Society President, spoke about the Allegany County Fair.
She presented the fair book, which this year is dedicated to James and Linda Makowski.
Mrs. Roberts made note of a new event: the Board of Legislators will hold a meeting at the
Fairgrounds on July 22 at 2:00 p.m., giving the public an opportunity to watch County
government in action. Mrs. Roberts gave an update on some of the larger fair expenses: big
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name entertainment – $50,000; premiums – $26,000, of which only $8,700 is reimbursed by
the state; insurance – close to $70,000 now, not including specialty insurances for fair week.
They count on the public for support to meet these expenses. The County’s appropriation is
used for grounds maintenance and new construction. Mrs. Roberts also commented on the
innumerable volunteer hours throughout the year; without the volunteers, there would be no
fair. The goal of the Agricultural Society is continued representation of agriculture and
agribusiness. Mrs. Roberts highlighted some of the major events to be held during fair week.
1.
June 2009 Calendar of Board and Standing Committee meeting dates. (The
Personnel Committee meeting on June 3 was changed from 11 to 10 a.m.
1.
Correspondence from NYS Department of Correctional Services Commissioner
Brian Fischer in response to our Resolution No. 33-09 regarding the housing of parole
violators and state ready inmates.
2.
Notice of next Fire Advisory Board meeting on May 28 at 8 p.m. in the Public
Safety Facility.
3.
Town of Independence Resolution No. 4-2009 requesting that the County
establish a dedicated bridge fund along with the establishment of a multi-year capital bridge
plan with the appropriate funding.
APPOINTMENT:
The Clerk of the Board announced that Chairman Crandall has appointed William
Emrick of Scio, NY, as a member of the CITIZENS ADVISORY COUNCIL TO THE OFFICE
FOR THE AGING for a term of three years commencing immediately and expiring December
31, 2011, subject to confirmation by the Board of Legislators.
PROCLAMATION:
Chairman Crandall proclaimed May 24-30, 2009 as Hurricane Preparedness Week
and urged all citizens to heed the advice and use the guidance provided so they can better
protect themselves, their loved ones, their homes, and their businesses from storms.
RESOLUTIONS:
AMENDING UNIT SALARY PLAN BY CREATING TITLE AND POSITION OF
SENIOR PROBATION ASSISTANT
Offered by: Public Safety and Personnel Committees
RESOLVED:
1.
That the County AFSCME Salary Plan is amended by creating the title and
position of Senior Probation Assistant. That such title is placed in Grade 15 of such AFSCME
Salary Plan.
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2.
This resolution shall take effect on May 27, 2009.
Adopted: Roll Call
Voting No: Kruger
(Memo: Resolution No. 86-09 approves creation of the new position title of Senior Probation
Assistant to bring the salary structure of a long-time staff member in line with the job duties
being performed which, after seventeen years, have expanded beyond the job specifications
of Probation Assistant. The staff member will have to pass a Civil Service Test to gain the
promotion.)
APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT OF ONE MEMBER TO
REGION NINE FISH AND WILDLIFE MANAGEMENT BOARD
Pursuant to Environmental Conservation Law § 11-0501
RESOLVED:
1.
That the appointment by the Chairman of this Board of Richard (Butch) Lorow
of Almond, New York, to the Region Nine Fish and Wildlife Management Board, as the
Alternate Landowner Representative, with term of office commencing May 26, 2009 and
expiring December 31, 2010, is approved.
Adopted: Voice Vote
APPROVAL OF APPORTIONMENT OF MORTGAGE TAX TO TAX DISTRICTS AND
AUTHORIZING WARRANT THEREFOR
Pursuant to Tax Law § 261 (3)
RESOLVED:
1.
That the Semi-Annual Report for the period October 1, 2008, through March 31,
2009, relating to Mortgage Tax Receipts and Disbursements, and the proposed distribution of
such mortgage tax receipts therein, is approved.
2.
That the Clerk of this Board is authorized and directed to execute a warrant of
this Board to the County Treasurer directing her to distribute to the several tax districts in the
County their respective share of such mortgage tax.
Adopted: Roll Call
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AUTHORIZING PAYMENT TO TOWNS AND VILLAGES FROM
ADDITIONAL MORTGAGE TAX FEE RETAINAGE BY COUNTY CLERK;
APPROPRIATING FUNDS THEREFOR
WHEREAS, by Resolution No. 214-2004 the County Clerk was authorized pursuant to
Section 262 of the Tax Law to request and receive reimbursement from the State of New
York for all of his necessary expenses incurred in the administration of the Mortgage Tax
Program on behalf of the State of New York, and
WHEREAS, it was the intent of this Board in adopting such resolution that the Towns
and Villages of the County would not suffer any adverse financial consequences as a result
of any increased retained expense reimbursement to the County Clerk, and
WHEREAS, the County Clerk has received reimbursement of his necessary expenses
incurred in the administration of the Mortgage Tax Program, and
WHEREAS, this Board wishes to appropriate part of such reimbursement of necessary
expenses received by the County Clerk for the administration of the Mortgage Tax Program
to the Towns and Villages of the County, now, therefore, be it
RESOLVED:
1.
The amount of $25,438.62 is appropriated from Account No. A1410.432
(County Clerk – Contractual) and shall be distributed to the Towns and Villages of the County
as follows:
TOWNS
AMOUNT
RETAINED BY
COUNTY CLERK’S
OFFICE
FOR MORTGAGE REBATE AMT REBATE AMT
TAX FEE
TO TOWN
TO VILLAGE
Alfred
Allen
Alma
Almond
Amity
Andover
Angelica
Belfast
Birdsall
Bolivar
1,333.44
226.57
378.81
368.80
846.39
655.58
1,420.36
912.94
108.24
1,085.45
1,071.56
226.57
378.81
340.16
708.25
535.81
1,167.62
912.94
108.24
855.41
Burns
Caneadea
Centerville
Clarksville
Cuba
Friendship
Genesee
944.31
1,469.66
264.66
615.08
1,586.60
798.57
1,069.16
817.34
1,469.66
264.66
615.08
1,328.06
798.57
1,069.16
VILLAGES
261.88 Alfred
28.64
138.14
119.77
252.74
Almond
Belmont
Andover
Angelica
213.60 Bolivar
16.44 Richburg
126.97 Canaseraga
258.54 Cuba
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Granger
Grove
Hume
Independence
New Hudson
Rushford
Scio
Ward
Wellsville
West Almond
Willing
Wirt
TOTALS
361.32
323.29
1,933.07
383.18
269.37
1,538.36
1,145.92
33.30
3,736.06
460.99
713.65
455.49
361.32
323.29
1,933.07
383.18
269.37
1,538.36
1,145.92
33.30
2,720.10
460.99
713.65
424.45
25,438.62
22,974.90
1,015.96 Wellsville
31.04 Richburg
2,463.72
2.
The Chairman of this Board, Allegany County Clerk, and Allegany County
Treasurer are authorized to execute any and all vouchers, warrants, and other necessary
documents of every nature and kind in order to effect the purpose of this resolution.
Adopted: Roll Call
ACCEPTANCE OF GRANT FUNDS FROM THE
NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES;
AUTHORIZING DIRECTOR OF PROBATION TO EXECUTE ANY AND ALL
AGREEMENTS NECESSARY TO SECURE SUCH GRANT
RESOLVED:
1.
That a grant in the amount of $47,000 from the New York State Division of
Probation and Correctional Alternatives is accepted.
2.
That the Director of Probation is authorized to execute any and all agreements
and documents necessary to secure such grant.
Adopted: Roll Call
(Memo: Regarding Resolution No. 90-09: In 2007, the NYS Division of Probation and
Correctional Alternatives awarded a two-year grant for $50,000 each year to the Probation
Department for a Shared Services Program. See Resolution No. 103-07. The grant enabled
contracting with the Allegany Rehabilitative Associates for a mental health caseworker to
provide mental health assessments and counseling for individuals on pre-trial and probation
supervision at no cost to the County. In October 2008, the DPCA advised that funds for this
project were reduced by six percent to $47,000 for the second year of the grant. The
Probation Department has been notified that they can receive $47,000 for a third year.)
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ACCEPTANCE OF FUNDS FROM SOUTHWESTERN REGIONAL EMS COUNCIL AND
APPROPRIATION OF FUNDS TO EMERGENCY SERVICES ACCOUNT
RESOLVED:
1.
That a donation of $200 from the Southwestern Regional EMS Council to the
County to be used for the license application fee for Allegany County ambulances is
accepted.
2.
That the accepted sum of $200 is appropriated to Account No. A3640.4 with a
like sum credited to Revenue Account No. A08.2705.3640.
Adopted: Roll Call
(Memo: The license referenced in Resolution No. 91-09 is required by the New York State
Department of Health to allow certified ambulance services to perform blood glucose testing
on patients when indicated. The County-wide license will save individual ambulance services
from each having to pay the $200 license application fee.)
ACCEPTANCE AND APPROPRIATION OF FUNDING INCREASING THE SFY 08-09
CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS)
RESOLVED:
1.
That the sum of $24,107.65, increasing the SFY 08-09 Consolidated Highway
Improvement Program (CHIPS), is accepted and appropriated to Account No. D5112.223
(County Road CHIPS Paving) with a like sum credited to Revenue Account No. D10.3501.00
(State Aid – CHIPS).
Adopted: Roll Call
INCREASING APPROPRIATIONS AND REVENUES IN THE
SUMMER YOUTH EMPLOYMENT PROGRAM (TANF SYEP) ACCOUNTS
WHEREAS, the Allegany County Employment and Training Center has advised that
certain appropriations and revenues should be increased in the TANF Summer Youth
Employment Program, now, therefore, be it
RESOLVED:
1.
That the following Employment and Training Center accounts are increased by
the designated amounts:
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Account No.
CD1 6410.101
CD1 6410.802
CD1 6410.806
CD1 6410.474
CD1 6411.101
CD1 6411.474
CD1 6411.803
CD1 6411.804
CD1 6411.805
CD1 6794.101
CD1 6794.806
CD1 6795.101
CD1 6795.803
Appropriation Accounts
Personal Services
Retirement
Hospital/Med
Summer Youth Contractual Expense
Participant Wages
Participant Supportive Service
Participant FICA
Participant W/C
Participant UIB
Personal Services
Hospital/Med
Participant Wages
Participant FICA
TOTAL
Amount
30,970
5,100
8,600
25,700
44,100
6,000
3,400
2,300
3,830
2,500
1,300
8,000
1,000
142,800
Account No.
CD1 11 4489. STIM
CD1 11 4701.12
Revenue Accounts
ARRA Stimulus SYEP
OTDA SYEP
TOTAL
Amount
130,000
12,800
142,800
Adopted: Roll Call
Voting No: Kruger
(Memo: The action approved by Resolution No. 93-09 was necessary due to the increase in
Summer Youth Employment Program funding made available through the American
Recovery and Reinvestment Act and the NYS Office of Temporary and Disability Assistance.)
Comments made regarding Resolution No. 93-09 included: Employment and Training
Director Jerry Garmong noted that the increase in funding will allow the Summer Youth
Employment Program to serve about 40 more youths, bringing the total up to between 100
and 110.
ACCEPTANCE OF FUNDS FROM THE NEW YORK STATE DEPARTMENT OF LABOR
FOR TECHNOLOGY PURPOSES; APPROPRIATION OF FUNDS
RESOLVED:
1.
That New York State Department of Labor funds in the amount of $19,100 are
accepted and appropriated as follows: $17,200 to Account No. CD1.6400.201 (WIA Title I
Administration – Equipment) and $1,900 to Account No. CD1.6400.407 (WIA Title I
Administration – Supplies) with a like sum credited to Revenue Account CD1.11.4701.6400
(WIA Administration).
Adopted: Roll Call
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TRANSFER OF FUNDS IN DISTRICT ATTORNEY ACCOUNT
RESOLVED:
1.
A1165.2.
Adopted: Roll Call
(Memo: The transfer of funds approved by Resolution No. 95-09 was necessary to cover the
charges for radio work and other equipment installed in a new vehicle in 2008. There was a
billing error which prevented payment last year. The billing has now been corrected, but
there were no funds appropriated in the 2009 equipment account.)
Resolution Intro. No. 103-09 (Ratifying Sheriff’s Signature and Approving Amendment
No. 1 to the Court Security Agreement Contract Number C200357 between the New York
State Unified Court System and the County of Allegany) was not pre-filed and was
considered from the floor on a motion made by Legislator Hopkins, seconded by Legislator
Dibble and carried by an affirmative voice vote of the requisite two-thirds of the Board
membership.
RATIFYING SHERIFF’S SIGNATURE AND APPROVING AMENDMENT NO. 1 TO THE
COURT SECURITY AGREEMENT CONTRACT NUMBER C200357 BETWEEN
THE NEW YORK STATE UNIFIED COURT SYSTEM AND THE COUNTY OF ALLEGANY
WHEREAS, by Resolution No. 193-2008 an amendment agreement for the period
April 1, 2008 through March 31, 2009, between the New York State Unified Court System
and the County of Allegany for the provision of Court Security was approved, and
WHEREAS, an increase in the maximum total compensation of the existing April 1,
2008 to March 31, 2009 agreement is needed, now, therefore, be it
RESOLVED:
1.
That the increase in total compensation of said existing agreement from
$288,957 to a maximum compensation not to exceed $372,346 is approved.
2.
That the signature of the Allegany County Sheriff is ratified.
Adopted: Roll Call
Resolution Intro. No. 104-09 (Endorsing the Position of Cattaraugus County in Support
of the Sitewide Removal Alternative in Revised Draft Environmental Impact Statement for
Decommissioning at West Valley Demonstration Project and Western New York Nuclear
Service Center) was not pre-filed and was considered from the floor on a motion made by
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Legislator Dibble, seconded by Legislator Fanton and carried by an affirmative voice vote of
the requisite two-thirds of the Board membership.
ENDORSING THE POSITION OF CATTARAUGUS COUNTY
IN SUPPORT OF THE SITEWIDE REMOVAL ALTERNATIVE IN
REVISED DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR
DECOMMISSIONING AT WEST VALLEY DEMONSTRATION PROJECT AND
WESTERN NEW YORK NUCLEAR SERVICE CENTER
WHEREAS, Cattaraugus County lies directly to the west of Allegany County, and
WHEREAS, environmental, economic and public health concerns that impact
Cattaraugus County have the potential of also impacting the residents of Allegany County,
and
WHEREAS, the potential for ground water contamination that migrates offsite poses a
risk to all Western New Yorkers, and
WHEREAS, decommissioning and site cleanup at the West Valley Demonstration
Project and Western New York Nuclear Service Center are deemed to have an impact on
residents of Allegany County, and
WHEREAS, Allegany County is aware of the Revised Draft Environmental Impact
Statement for Decommissioning and/or Long-Term Stewardship at the West Valley
Demonstration Project and Western New York Nuclear Service Center (DOE/EIS-0226-D
{revised}), and
WHEREAS, Allegany County is aware of the concerns expressed by Act No. 258-2009
of the Cattaraugus County Legislature, and
WHEREAS, Allegany County shares many of the same concerns as expressed by
Cattaraugus County, and
WHEREAS, Allegany County agrees with Cattaraugus County that the Sitewide
Removal Alternative is the best alternative for addressing the environmental, health and
economic concerns of this region, and
WHEREAS, Allegany County agrees with Cattaraugus County that the proposed
decommissioning plan of 64 years is absurd and that a ten year plan needs to be properly
funded by the state and federal governments so as to provide a reasonable timeframe for
addressing the ongoing concerns posed by this site, now therefore be it
RESOLVED:
1.
That the Allegany County Legislature hereby supports the Sitewide Removal
Alternative described in the Revised Draft Environmental Impact Statement.
2.
That certified copies of this resolution be mailed to the United States
Department of Energy; New York State Energy Research and Development Authority; United
States Senators Charles E. Schumer and Kirsten Gillibrand; United States Congressman Eric
Massa; New York State Senator Catharine M. Young; New York State Assemblymen Daniel
J. Burling and Joseph M. Giglio; Crystal J. Abers, Chair of the Cattaraugus County
112
Legislature; Barry Snyder, President of The Seneca Nation of Indians; NYSAC; and the
InterCounty Association of Western New York.
Adopted: Roll Call
Legislator McCormick noted that the proposed resolution was received only an hour prior to
the meeting, and the timing didn’t allow for a clear understanding of both sides of the issue.
Legislator Dibble explained that we’re supporting Cattaraugus County with this resolution.
The area is in close proximity to the Great Lakes and the soil is unstable. Erosion modeling
has shown that if the site is not cleaned up soon, it will contaminate a large percentage of the
clean water in the Northeastern United States.
Legislator Ungermann expressed concern that the cleanup would just move the problem to
someone else’s back yard. He agreed with Mr. McCormick and stated that he didn’t know the
answer. We need to think about nuclear power. Eventually someone will find a way to
neutralize the waste, but right now just moving it across the country is a challenge.
Mr. Ungermann commented that there have been numerous resolutions from other counties
requesting support, and to his knowledge, this is the first we ever supported, although some
of the other issues were very important also. Chairman Crandall responded that some
requests have been supported through other means such as referrals to the InterCounty
Association or other agencies, or by various forms of correspondence. All of the issues are
worthy to look at and deal with appropriately.
AUDITS:
A motion was made by Legislator Dibble, seconded by Legislator Fanton and carried,
that the audits be acted upon collectively and by totals. (Legislator Kruger expressed his
opposition to acting on the audit collectively, because there are times he would like to have
the opportunity to vote on individual expenses.)
A motion was made by Legislator Hopkins, seconded by Legislator Dibble and
Fanton, seconded by Legislator Hopkins and carried.
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BOARD OF LEGISLATORS SESSION MINUTES, JUNE 8, 2009
REGULAR SESSION - JUNE 8, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Ralph A.
Coates, former United States Army Sergeant.
The Committee of the Whole meeting (health insurance presentation) minutes of May
11, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator
Pullen and carried.
The Board meeting minutes of May 26, 2009 were approved on a motion made by
Legislator Hopkins, seconded by Legislator Fanton and carried.
The Committee of the Whole meeting (Alfred State College presentation) minutes of
May 26, 2009 were approved on a motion made by Legislator McCormick, seconded by
Legislator Fanton and carried.
Chairman Crandall presented a certificate to Ralph A. Coates, former United States
Army Sergeant, in grateful appreciation of his service to our Country. Mr. Coates’ service
dates were from November 1942 to November 1945. Battles or conflicts he was involved in
were in Northern France, Rhineland, and the Liberation of France and Germany. Early in
1945, Mr. Coates was wounded and spent time as a prisoner of war. Commendations he
received included: Combat Infantry Badge, Purple Heart Medal, WWII Victory Medal, and
American Campaign Medal. Mr. Coates led the Pledge of Allegiance to the Flag at the
beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Timothy Bigham, NYS Farm Bureau Field Advisor, addressed the Board regarding
agricultural issues. The Farm Bureau is currently fighting against proposed state legislation
that would result in the loss of hundreds of jobs in Western New York. The proposed laws
require that farmers pay overtime when farm workers put in more than an eight-hour day.
Unable to afford overtime, farms will either cut back on production or go out of business
altogether. The workers will lose jobs rather than earn overtime pay.
Mr. Bigham also noted that the recession has hit farmers very hard. Costs for
processing foods and delivering them to market are passed through to the consumer, but
some costs are passed back to the farmer, such as charging farmers stop charges for milk
pick-up. Food prices are relatively high, yet farmers aren’t seeing better incomes. Farm
expenses such as fuel, feed, fertilizer, and property taxes seem to climb every year. Farming
is unsustainable at the rate things are going. Farm costs are escalating far faster than
product values, which in many cases are dropping rather than rising.
Farm Bureau is requesting assistance from the Board of Legislators by: 1.) continuing
to contact the Farm Bureau for input when agricultural issues are considered; 2.) trying to
decrease the property tax burden for farmers where possible; 3.) doing whatever is possible
114
to help the agricultural infrastructure in the County, including support of the agricultural
components of our colleges, improved broadband access to rural areas, support of the
Empire Zone concept for agricultural businesses, and providing good roads and bridges and
laws that don’t negatively impact agricultural operations.
Legislator Ungermann asked Mr. Bigham about the impact of NYS Department of
Transportation laws on agriculture. Mr. Bigham replied that the state is looking for money
wherever they can find it through fines, fees, and permits, and they have been cracking
down. There is an impact. Mr. Bigham noted that, in defense of the DOT, they did contact
him recently asking about the agricultural impact of work on a particular bridge and what they
could do to improve it.
Legislator Reynolds questioned if the Farm Bureau wanted a resolution opposing the
proposed state bills. Mr. Bigham noted that the matter will be resolved in a couple of days,
but phone calls would help. The bill numbers are S.2247 and S.5212.
Legislator McCormick commented that the Farm Bureau’s opposition to the proposed
law is saying, in effect, that if a farm worker puts in more than eight hours in a day, he
shouldn’t get overtime. What other sector would expect that? Mr. Bigham responded that
some farmers have been putting workers on salary. The fact is that when farmers are faced
with costs they can’t pay, and they’re already paying out more than they’re bringing in, they
will fold up the farm. So instead of having eight hours pay, the worker will have nothing.
Legislator Hopkins noted that we compete with every other state. If they don’t have
regulations, it puts our farmers at a disadvantage. If we lose that, we lose our infrastructure,
and we lose everything. The fear is the competition with the other states; that’s where the
problem is.
Andrea Finch, 45th Allegany County Dairy Princess, reported on some of her duties as
Dairy Princess. Ms. Finch has done educational presentations for elementary school
students and parents on the importance and benefits of consuming more dairy products, and
she’s been involved in local promotional programs. The Dairy Princess has spoken and
taken part in school programs, an FFA event, parades, and a radio interview promoting the
“three-a-day” program. (Milk punch and cheese and crackers were made available in the
hallway outside of the Chambers.)
County Administrator John Margeson presented information on some of the common
actions that the Board of Legislators deals with at their meetings. Mr. Margeson noted that
the list (included below) is essentially a historical perspective of present and past Boards’
practice, and it was put together in response to some recent concerns.
(1.)
Motion to adopt a pre-filed Resolution
(a)
Requires a second.
(b)
Requires opportunity for discussion/debate.
(c)
Requires 8 affirmative votes to adopt. Certain pre-filed Resolutions
require 10 affirmative votes to adopt (i.e. Bond Resolutions).
(2.)
Motion to consider a Resolution that has not been pre-filed
(a)
Requires a second.
(b)
Requires 10 affirmative votes to pass. The Presiding Officer may allow
the Motion to Consider to be acted on by voice vote.
(c)
Any member may raise a Point of Order and request that the Presiding
Officer “call the roll.”
(3.)
Motion to Place on the Table
(a)
Can be made only after Resolution has been moved and seconded for
115
(b)
consideration.
A motion to Place on the Table requires a second, is not debatable, and
requires 8 affirmative votes to pass.
(4.)
Motion to Remove from the Table
(a)
Requires a second, is not debatable, and requires 8 affirmative votes to
pass.
(5.)
Motion to Withdraw a Resolution
(a)
Is made only after the Resolution has been moved and seconded for
consideration.
(b)
Is subject to debate/discussion.
(c)
Requires 8 affirmative votes to pass.
(d)
The Motion to Withdraw a Resolution may contain a Subsidiary Motion
such as committing or referring the Resolution back to the sponsoring
Standing Committee for potential amendment and/or re-introduction.
(6.)
Motion to Refer a Resolution to a Standing Committee
(a)
Is made after the Resolution has been moved and seconded.
(b)
The Motion to Refer the Resolution to a Standing Committee requires a
second, is debatable, and requires 8 affirmative votes to pass.
Legislator Ungermann questioned if items 3 through 6 required roll call votes or if the
Chairman had the option. Mr. Margeson stated that the Chairman has the option, but
normally a voice vote is done. Any Board member may ask the Chairman for a roll call vote.
Legislator Dibble suggested referring the information on to the Ways and Means
Committee. Chairman Crandall noted that the purpose of presenting the information was to
clarify past practice, and referring it to Ways and Means would clear up the terminology and
incorporate it into the Board Rules. Legislator Ungermann commented that his newer copy of
Robert’s Rules states that any time a two-thirds vote is required, it should never be voice
voted. Legislator Reynolds questioned if the Board Rules supersede Robert’s Rules. County
Attorney Thomas Miner replied that they do, but most of what is being done with this
information is clarifying past practice. This will formalize it. Referred to Ways and Means.
1.
Report of Intrafund Transfers Approved by the County Administrator in May.
1.
A plaque from ACCORD Corporation in appreciation for the Board’s
commitment and support was accepted by Legislator William Hall on the Board’s behalf at a
recent meeting on May 21.
2.
Mercy Flight’s 2008 Annual Report along with correspondence thanking the
Board for its support.
3.
Southern Tier West Regional Planning & Development Board meeting minutes
from May 15 and a meeting notice for June 25.
4.
Correspondence from NYSDOT Regional Planning and Program Manager
Brian Kelly identifying projects submitted under the American Recovery and Reinvestment
Act (ARRA) that did not receive funding.
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5.
Correspondence from the NYS Office of Parks, Recreation and Historic
Preservation Deputy Commissioner Erik Kulleseid indicating that the County did not receive
funding for the Cuba Landmark Connections to Greenway Project under the OPRHP
Recovery Act funding; however, the project may qualify for funding under the Environmental
Protection Fund if they wish to pursue it.
6.
Notice of next InterCounty Association meeting to be hosted by Yates County in
Dundee on June 19.
7.
The annual Legislators’ Clambake has been scheduled for July 31 at Island
Park in Wellsville from 1-6 p.m.
8.
Correspondence from Cynthia Ungermann-Gowiski in opposition to Resolution
Intro. No. 107-09 authorizing the purchase of property from Charles and Gloria Tronetti.
INTRODUCTION OF LEGISLATION:
Legislator Karl Kruger introduced Local Law Intro. No. 1-2009, Print No. 1, entitled “A
Local Law Amending Local Law No. 3 of the Year 1993 Providing for a Reduction in the Size
of the Allegany County Board of Legislators from Fifteen Members to Ten Members,” a copy
of said proposed Local Law having been placed on each legislator’s desk.
RESOLUTIONS:
RESOLUTION INTRO. NO. 105-09 (RESOLUTION SETTING DATE OF PUBLIC
HEARING ON A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF THE YEAR 1993
PROVIDING FOR A REDUCTION IN THE SIZE OF THE ALLEGANY COUNTY BOARD OF
LEGISLATORS FROM FIFTEEN MEMBERS TO TEN MEMBERS) was REFERRED TO
THE WAYS AND MEANS COMMITTEE following a motion made by Legislator Reynolds,
seconded by Legislator Pullen and carried on a roll call vote of 10 Ayes, 5 Noes, 0 Absent.
(Voting No: Kruger, McCormick, O’Grady, Russo, Ungermann.)
Comments made regarding proposed Resolution Intro. No. 105-09 prior to its being referred
included:
Legislator Ungermann noted that a petition drive to reduce the size of the legislature was
performed and turned in a number of years ago. At that time, the requested reduction was
from fifteen to five. The public has said repeatedly that the legislature is too large for the
number of people it serves.
Legislator McCormick pointed out that this resolution is only asking for a public hearing on the
topic. The argument is that the legislative body would be as responsive with ten members as
with fifteen, but then we may hear just the opposite. We should offer the opportunity for
comment, although there are a lot of details not yet worked out legislatively.
Legislator Pullen listed his concerns on this issue. A reduction in the number of legislators
also reduces the representation of each citizen. How large should the Board be? This
proposal for a reduction to ten is one possible solution, a prior proposal by the Committee of
44 suggested five, and he’s heard seven and nine. Mr. Pullen noted that he has also heard
concerns on the terms of legislators and whether they should be left at four years, shortened
or lengthened, or changed to staggered terms. One of the most significant, common
arguments for reducing the number of legislators is to save money, but the proposal by the
Committee of 44 would have set a salary of $40,000, greatly increasing the cost over the
current pay. Depending on the number of members, fewer would have to spend more time.
The way things are now, Mr. Pullen commented that he consistently spends 30-50 hours per
week on his legislative duties, and he’s able to because he’s self-employed. Are we saying
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that only those who are retired, wealthy, or self-employed can serve at this job? That would
be a tragedy, because legislators should be in similar circumstances as those they serve.
Decreasing the number of members would make it a full-time job and would reduce the pool
of interested citizens that could run. Mr. Pullen also pointed out that with the number of
issues requiring a two-thirds vote, he would support a reduction to nine members (with six
votes needed in these circumstances) over a reduction to ten (with seven votes needed) due
to the increased chances for deadlocks. These are all significant issues. The voters should
have a say, but it needs to be thoroughly considered and then brought to the voters. Also,
this proposal wouldn’t have an impact until 2013, and that brings up the issue of the census.
After the 2000 census, the County had to redistrict, and we don’t know what will happen in
2010. We probably will know in one to two years, which would favor time for deliberation on
what’s best for the County. Although not opposed in principle, Mr. Pullen prefers sending the
matter to Ways and Means for thorough deliberation
Legislator Reynolds commented on the large number of hours and intense effort that
legislators often put in on particular issues, and gave as an example the time spent by
Legislators Pullen and Ungermann on court facilities issues. Almost every day, Mr. Reynolds
does something for his legislative job or his constituents. The position would become fulltime if the number of legislators is reduced to ten or less. The Committee of 44’s intent was
to go to five full-time legislators with a salary of $40,000. Mr. Reynolds’ concern would be
with the lower number, where their loyalties would lie – with the average person, or the bigger
entities. Mr. Reynolds voiced his appreciation for the other representatives in his district,
each with different experiences. He also felt the matter should go to committee prior to a
public hearing, because we need to know all the ramifications first.
Legislator Kruger referred to a comparison he did for legislative expenses, particularly the
average cost for each resolution. Ten may not be the best number of legislators, but this
matter is on the floor, and we’re talking about a way of cutting the cost of government for the
taxpayers. There will be time for amendments. For four years Mr. Kruger has been waiting
for the Board to do something to cut costs. This is not the first time for this idea, and we may
find out the public isn’t happy with the proposal, but as long as we do nothing, that’s what
we’ll get. Instead of waiting for the committee referral and the chance that nothing will
happen, Mr. Kruger felt the matter should be moved forward in order to give the taxpayers
something in the way of cost savings during this term. Discussions and the amendment
process can take place and we can go from there.
Legislator O’Grady questioned the process following the public hearing. County Attorney
Thomas Miner replied that the next step would be Board approval of a resolution, and from
there the matter would go on to the ballot for public voting. Legislator Pullen asked that if
amendments were proposed after a public hearing takes place, whether another public
hearing would be needed on the amendments. Mr. Miner noted that he would research that.
Legislator Ungermann did not support the referral to committee due to the lack of a time limit
for action. He felt that the public hearing should be held to allow the public to voice their
ideas and thoughts. This resolution doesn’t approve the reduction, it just sets the date for the
public hearing.
Legislator Hopkins commented that even though the proposal is up for consideration now, it
needs to be discussed. There’s the matter of representation, and we’d be voting to give
some of that up. The Ways and Means Committee and the entire Board needs to give input.
Legislator Reynolds pointed out that the referral to committee was not intended as a way to
delay the proposal. The public, as well as any legislator, can attend the Ways and Means
Committee meetings. The Board wants the people’s will to be done, but they have to
understand what they are voting on.
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RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO APPLY FOR
NEW YORK STATE DEPARTMENT OF TRANSPORTATION/
AMERICAN RECOVERY AND REINVESTMENT ACT GRANT FUNDS;
RATIFYING COUNTY ADMINISTRATOR’S PREVIOUS SIGNATURE ON
APPLICATION FOR FUNDING AND PERMITTING COUNTY ADMINISTRATOR TO
EXECUTE ANY FUTURE CONTRACTS BETWEEN THE COUNTY AND
NEW YORK STATE DEPARTMENT OF TRANSPORTATION;
APPROPRIATION OF FUNDS
WHEREAS, the County of Allegany is applying for a New York State Department of
Transportation/American Recovery and Reinvestment Act grant in the amount of $420,000 to
be used for the purchase of six (6) buses to replace aging buses used in the County Public
Transit System, and
WHEREAS, such appropriated funds will be placed in Revenue Account No.
A11.4589.STIM, now, therefore, be it
RESOLVED:
1.
That the County Administrator is authorized to apply for a New York State
Department of Transportation/American Recovery and Reinvestment Act grant in the amount
of $420,000.
2.
That this Board of Legislators authorizes the County Administrator to execute,
by his signature, any future contracts between the County of Allegany and the New York
State Department of Transportation.
3.
That the signature by the County Administrator on a previous application for
funding is ratified.
Adopted: Roll Call
(Memo: The funds referred to in Resolution No. 98-09 require no local share contribution.)
Legislator O’Grady questioned if obtaining the grant for the new buses obligated the County
in any way, as he understood the goal of putting the transit system under the new task force
and the agreement with Arc would eventually allow the County to back out. Legislator Hall
explained that the goal of those agreements was to bring in more funding. Opening up the
Arc buses to the public allows us to receive STOA money to offset costs. We still need to
provide transportation, and this resolution allows the County to obtain funding for the buses.
Chairman Crandall noted that other agencies can’t directly apply for and receive these funds.
He also explained that at first the County was just a pass-through for funding. Now since
local costs have increased, the task force is attempting to reduce the local share.
Legislator Ungermann questioned if the County had any obligation for purchasing the buses if
we don’t receive the grant. County Administrator John Margeson stated that there is no
obligation. If no funding is received, there will be no buses purchased. The money is federal
stimulus American Recovery and Reinvestment Act funds.
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RESOLUTION INTRO. NO. 107-09 (AUTHORIZING THE PURCHASE OF
PROPERTY FROM CHARLES AND GLORIA TRONETTI LOCATED IN BELMONT, NEW
YORK) was TABLED following a motion made by Legislator Dibble, seconded by Legislator
Reynolds and carried.
APPROVAL OF LEASE OF LAND TO VALLEY VIEW DAIRY, INC.
TO BE USED FOR AGRICULTURAL PURPOSES ONLY
WHEREAS, the County desires to lease County land for agricultural purposes only,
RESOLVED:
1.
That the Lease of County Land between the County of Allegany and Valley
View Dairy, Inc. for approximately 15 acres of land south of the Allegany County Jail and
Public Safety Facility on State Route 19 is approved.
2.
That the Chairman of this Board is authorized to execute said Lease.
Adopted: Roll Call
(Memo: The lease approved by Resolution No. 99-09 is for the period ending 12/31/09.)
APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT TO
CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING
RESOLVED:
1.
That the appointment of William Emrick of Scio, New York as a member at large
to the Citizens Advisory Council to the Office for the Aging effective January 1, 2009 and
expiring December 31, 2011, is confirmed.
Moved by: Mr. Truax
Adopted: Voice Vote
2008 AND 2009 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED
DIRECTING MAILING OF NOTICES OF APPROVAL OF
APPLICATIONS FOR CORRECTED TAX ROLLS AND
ORDERING THE VARIOUS TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS;
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RESOLVED:
1.
2.
3.
4.
a.
Department of Environmental Conservation; Parcel 130.-1-1.8
this parcel was purchased by New York State and is wholly exempt, and the County
Treasurer is directed to make the following charge back:
Allegany County
Town
Fire
School Relevy
Total
$121.43
88.40
7.81
144.00
$361.64
5.
That the Tax Collector of the Town of Birdsall is ordered and directed to correct
a.
State of New York; Parcel 58.-1-23
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this parcel should not have received a County Tax, and by correcting the taxes, as follows:
Allegany County
Town
Total
$
0.00
622.70
$622.70
and the County Treasurer is directed to make the following charge back:
Allegany County
b.
$1,351.40
State of New York; Parcel 300.-1-4
this parcel should not have been assessed on the roll, and the County Treasurer is directed
to make the following charge back:
Allegany County
Town
Fire
Total
$ 0.00
3,221.62
377.34
$3,598.96
6.
That the Tax Collector of the Town of New Hudson is ordered and directed to
correct in the 2008 and 2009 County and Town Tax Roll the assessment or taxes, or both, of
the property assessed to the following taxpayer and described as follows:
a.
Deming, Bruce; Parcel 129.-1-21
this parcel should have been on the Tax Roll under Section 8 as wholly exempt, and the
County Treasurer is directed to make the following charge back on her books:
Allegany County
Town
Fire
School
Total
b.
2008
$66.00
56.82
5.50
86.84
$215.16
Deming, Bruce; Parcel 129.-1-21
this parcel should have been on the Tax Roll under Section 8 as wholly exempt, and the
County Treasurer is directed to make the following refund on her books:
2008-2009
Allegany County
Town
Fire
School
Library
Total
$76.89
1.84
$78.73
2009
$73.83
61.09
5.60
$140.52
7.
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8.
2010.
Adopted: Roll Call
INCREASING APPROPRIATION AND REVENUE ACCOUNTS IN
THE COUNTY ATTORNEY’S OFFICE
RESOLVED:
1.
That County Attorney’s Account No. A1420.432 (County Attorney – Contractual)
and Revenue Account No. A09.2801.22 (Special Counsel DSS) are increased by $30,000.
Adopted: Roll Call
(Memo: The account increases approved by Resolution No. 102-09 cover DSS special
counsel fees incurred under contract for Support Collection. This raises the total in that
account to $50,000. Last year’s budget request was for $30,000 less than the previous
year’s budget. At the time, it was projected that these legal services could be provided in
house, with the proviso that subsequent developments might make this option undesirable.
Subsequent to that request, some issues were resolved, while the need for DSS legal
services proved greater than anticipated. Although the Ways and Means Committee was
advised toward the end of last year that the County Attorney’s office would need to continue
with the contract attorney, the budget implications were not addressed. Services provided
DSS, whether in house or pursuant to contract with outside counsel, are billed to DSS and
thus the revenue will be received from DSS. Amounts billed to DSS are submitted to the
state for reimbursement with the local share amounting to 18 percent. The outside counsel
rate is billed at $60 per hour, while in house counsel is at $75 per hour. Assuming the time
commitment to perform the legal services to be the same whether using the contract attorney
or in house attorney, the savings to the County by way of the DSS budget would amount to
18 percent of $7,500, or $1,350.)
TRANSFER OF FUNDS WITHIN OFA - SPOE PERSONNEL SERVICES ACCOUNT
RESOLVED:
1.
That the sum of $3,000 is transferred from Account No. A6787.1 (Personnel
Services) to Account No. A6787.8 (Employee Benefits) to cover unbudgeted 2009 health
insurance premiums.
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Moved by: Mr. Truax
Adopted: Roll Call
Comments made regarding Resolution No. 103-09 included: Legislator Kruger questioned
the change, and Office for the Aging Director Kimberley Toot responded that an employee
was previously covered on the spouse’s health insurance, and when the spouse lost his/her
job, the employee needed to pick up insurance. It is a 100 percent state funded position.
PUBLIC WORKS CONTRACTUAL EXPENSES ACCOUNT
RESOLVED:
1.
to Account No. A3152.412 (Public Works – Contractual), for installation of air clarifiers in the
Allegany County Jail and Public Safety Facility.
Adopted: Roll Call
(Memo: The transfer approved by Resolution No. 104-09 was needed for modifications to the
air handling system in one of the pods at the County Jail, including equipment, installation,
balancing, and commissioning. The current system in unable to properly cool and control the
humidity within the Jail. The other four pods will be addressed in the 2010 Budget.)
RESOLUTION INTRO. NO. 114-09 (APPROVAL OF VENDOR LICENSE AND ITS
ISSUANCE TO JEFFREY BURR BY THE BOARD CHAIRMAN FOR RETAIL FOOD
VENDING AT THE RUSHFORD LAKE BEACH AREA LEASED BY THE COUNTY OF
ALLEGANY FROM THE RUSHFORD LAKE DISTRICT) was TABLED following a motion
made by Legislator Dibble, seconded by Legislator Truax and carried.
APPROVAL OF AGREEMENT WITH APPROVED PROVIDER OF PROGRAMS, SEIT
AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES
RESOLVED:
1.
That Agreement titled "County of Allegany Contract for Approved Providers of
Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with CattaraugusAllegany Board of Cooperative Educational Services, for the period September 1, 2008 to
August 31, 2009, is approved.
2.
Moved by: Mr. Truax
Adopted: Roll Call
Voting No: Ungermann
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(Memo: The provider contracted with in Resolution No. 105-09 is in addition to those
contracted with in Resolution No. 194-08 for the same period.)
Legislator Ungermann questioned the cost of $300,000 to $400,000 and noted that often
there’s a tendency to rubber stamp these contracts whether the provider is qualified or not. It
drives the cost up. He asked if the County had any control or if there are any rules for
eligibility. Legislator Truax explained that the program is state mandated, and they set the
rules. The program should be under the state educational system, not under the Department
of Health. The County is very limited with what they can do about the costs. Legislator
Pullen noted that the state pays a smaller percentage for this program than for schools, so it
reduces their bill and increases ours. The program is still controlled by the Committee for
Special Education, and there are people trying to reduce costs. Within the present rules, the
County is doing a good job. Public Health Director Lori Ballengee commented that the
County has no say on the program. The schools decide who receives services and we pay.
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Pullen and carried,
A motion was made by Legislator Reynolds, seconded by Legislator Fanton and
Reynolds, seconded by Legislator Truax and carried.
--------
REGULAR SESSION - JUNE 22, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Barbara
Gordon, former United States Air Force Cryptographer.
Chairman Crandall presented a certificate to Barbara Gordon, former United States Air
Force Airman 1st Class, in grateful appreciation of her service to our Country. Ms. Gordon’s
service dates were from July 1955 to July 1958. After Basic Training at Lackland, Texas, she
was stationed at the Pentagon, Washington, DC, for three years in Headquarters USAF
Communications and served as a Cryptographer. Ms. Gordon led the Pledge of Allegiance to
the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of
Allegiance Program.
125
1.
July 2009 Calendar of Board and Standing Committee meeting dates.
2.
Board meeting minutes of June 8, 2009 for review.
1.
Correspondence from Joseph Rabito, Deputy Commissioner of the Office of
Community Renewal, stating that the Friendship Water Hydrant Replacement Project did not
receive funding under the ARRA NYS CDBG-R; however, the project may qualify for funding
under the annual CDBG Program administered by the Office of Community Renewal if
Friendship wishes to pursue it.
2.
Invitation for Legislators to join Willcare in celebrating the opening of their new
Allegany County Certified Home Health Agency Branch in Wellsville on June 23.
3.
Correspondence from Melodie Mayberry-Stewart from the NYS Office for
Technology stating that our Broadband/Fiber Optic Project appears to meet the eligibility
criteria for one or both of the federal grant programs.
RESOLUTIONS:
Resolution Intro. No. 32-09 (Authorizing the Purchase of Property from Presutti Family
Members Located in Belmont, New York) was removed from the table following a motion
made by Legislator Pullen, seconded by Legislator Reynolds and carried on a roll call vote of
11 Ayes, 4 Noes, 0 Absent (opposed: Kruger, Russo, Truax, Ungermann). The resolution
was originally tabled on February 6, 2009.
AUTHORIZING THE PURCHASE OF PROPERTY FROM
PRESUTTI FAMILY MEMBERS LOCATED IN BELMONT, NEW YORK
WHEREAS, the County of Allegany desires to purchase property located at 21 Court
Street, in the Town of Belmont, New York from the Presutti family members, now, therefore,
be it
RESOLVED:
1.
That the Board of Legislators does authorize the purchase of property by the
County of Allegany from the Presutti family members located at 21 Court Street, Belmont,
New York for the sum of $70,000.
Adopted: Roll Call
Voting No: Burdick, Kruger, McCormick, O’Grady,
Russo, Truax, Ungermann
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Legislator Dibble voiced his support for the first two resolutions, as they will help to address
parking problems, both ongoing problems and those resulting from the Court addition.
Legislator O’Grady spoke against the resolution because he hasn’t seen a concrete plan of
the end result for Court Street. Mr. O’Grady noted that he’s heard there may be additional
plans. If there was a concrete plan, he possibly could support this. There may also be other
options. Maybe the answer to alleviating the parking problem is relocating some departments
to other locations, which may be just as cheap as acquiring the properties, taking them off the
tax roll, and making parking areas.
Legislator Ungermann commented that although there’s always been a parking problem, it
will be exacerbated by the Court addition. According to the SEQR process, the parking issue
should have been included in the negative declaration and it wasn’t. The matter should be
returned to the table until a full review is done. There isn’t a complete plan yet, and now we
will be affecting the environment of the entire neighborhood. Also, some of the properties are
very old. Prior to purchasing, there should be a letter from the NYS Office of Historic
Preservation releasing the properties. This issue should have been included with the original
Court facilities SEQR process, so Mr. Ungermann felt that the way the law reads, the project
had been segmented.
Legislator Pullen commented that as Mr. Ungermann has done in the past, he brings things
up without doing his homework. On this matter, he doesn’t know what he is talking about.
The SEQR process has been done specifically for this. It was not segmented because this
option for parking had not been considered at the time the SEQR for the Courthouse was
completed. Other methods for addressing parking concerns were looked at, and this appears
to be a reasonable and viable approach. Mr. Pullen was confident that the SEQR will hold up
to scrutiny; this is just another attempt to stall moving ahead with the current plan. The
SEQR has been done, it was reviewed and scrutinized, and a negative declaration was
adopted. Mr. Pullen noted that he’s comfortable with continuing ahead and felt this was the
most reasonable and effective way to address the parking issue. There are specific details to
be resolved, and no plans have been set on materials to be used for the parking areas.
These issues will be considered in committee. Mr. Pullen reiterated that the proposed
resolution is appropriate and has gone through the proper channels.
Legislator Kruger disagreed with Mr. Pullen, expressing his opinion that it is unreasonable to
consider building a new Court facility while leaving the equivalent of three gymnasiums empty
on the third floor. It’s unreasonable to exacerbate the parking problem by replacing part of
the existing parking lot with a new building. It’s unreasonable to leave a facility like the
Belmont school empty with 150 paved parking spots. Mr. Kruger noted that he attended most
of the Court Facilities Committee meetings and requested numerous times that parking be
addressed, but instead of completely looking into all options, very little time was spent on it.
Also, we have not heard from the Genesee Valley School District or the Town of Amity or the
Village of Belmont on the affects these property purchases will have on the tax roll. We’re
taking away from their tax base. This resolution is adding the expense of parking to the $13
million cost of the Court project already being added to the debt of the County, while taking
away the means to pay for it. Mr. Kruger felt the action was irresponsible and unreasonable.
Chairman Crandall clarified that the SEQR process has been reviewed by the County
Attorney who offered his assurance that the process was legal and proper. Chairman
Crandall responded to Mr. Kruger’s statement regarding discussion in committee meetings on
property and parking by pointing out that a lot of discussion took place in executive session.
127
Resolution Intro. No. 107-09 (Authorizing the Purchase of Property from Charles and
Gloria Tronetti Located in Belmont, New York) was removed from the table following a motion
made by Legislator Pullen, seconded by Legislator Reynolds and carried on a roll call vote of
8 Ayes, 7 Noes, 0 Absent (opposed: Burdick, Kruger, McCormick, O’Grady, Russo, Truax,
Ungermann). The resolution was originally tabled on June 8, 2009.
RATIFYING BOARD CHAIRMAN’S SIGNATURE AND
AUTHORIZING THE PURCHASE OF PROPERTY FROM
CHARLES AND GLORIA TRONETTI LOCATED IN BELMONT, NEW YORK
WHEREAS, the County of Allegany desires to purchase property located at 25 Court
Street, in the Village of Belmont, New York from the Tronettis, now, therefore, be it
RESOLVED:
1.
That the Board of Legislators does authorize the purchase of property by the
County of Allegany from the Tronettis located at 25 Court Street, Belmont, New York for the
sum of $82,000.
2.
is ratified.
That the signature of the Chairman of the Allegany County Board of Legislators
Adopted: Roll Call
Voting No: Burdick, Kruger, McCormick, O’Grady,
Russo, Truax, Ungermann
Legislator Kruger pointed out that the County had $118,000 in the former Belmont school and
gave it away for $1.
Legislator Ungermann noted that the same comments he offered for Resolution No. 106-09
applied to this resolution as well.
Legislator Burdick noted that he couldn’t see where parking down the hill would be the most
efficient way to go. There’s been talk of a shuttle bus, but with the winter weather, walking up
would create nothing but hazards. Mr. Burdick suggested that maybe we should look at
moving some offices off the hill instead of adding to the parking problem.
RESOLUTION INTRO. NO. 116-09 (RESOLUTION MODIFYING THE PROVISION
OF HEALTH INSURANCE FOR COUNTY LEGISLATORS BY REQUIRING A
LEGISLATOR TO CONTRIBUTE ONE-HALF THE COST THEREOF) WAS REFERRED TO
THE PERSONNEL COMMITTEE following a motion made by Legislator O’Grady, seconded
by Legislator Reynolds and carried. Comments made prior to the motion to refer included:
Legislator O’Grady explained the reason he introduced the resolution was to ensure there
would be some sort of fair action taken on the health insurance issue. It’s an issue of
concern for some taxpayers. If he had brought it up at a Personnel Committee meeting, he
wasn’t sure it would be addressed. It’s not being presented as a big cost savings, but the
County is asking full-time employees and department heads to contribute more, and Mr.
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O’Grady felt the Legislators should lead by example. Maybe 50 percent isn’t the answer, but
there aren’t many part-time jobs in the County that receive medical benefits. Although
Legislators are technically full-time, taxpayers consider them part-time.
Legislator Ungermann read from a University of Buffalo Regional Institute Policy Brief
received in January 2009, entitled “The End of Local Government as We Know It,” which
addressed the non-pension retirement liabilities of New York’s local governments and the
choices they will have to make that could change the face of local government. Excerpts:
“For municipalities with the largest retiree liabilities, the promise of lifetime health care for
workers … is a major contributor. …These governments are caught in a bind similar to many
older companies with unsustainable obligations. …Striking a workable balance that treats
employees and retirees fairly while doing the same for taxpayers is ideal. But if a balance
cannot be reached, radical measures – bankruptcy, consolidation, or some other substantial
restructuring – may be inevitable.” Mr. Ungermann disagreed with Mr. O’Grady about the
cost savings, as he feels this proposal could save between $50,000 and $60,000 per year.
Mr. Ungermann also read from a book written by Lee Iacocca, entitled “Where Have All the
Leaders Gone?” a section called, “Share the Sacrifice.” The article encouraged that sacrifice
begin at the top. Mr. Ungermann referred to a previous discussion about negotiating union
contracts and more contributions, and related that Mr. Fanton said unless you have a
hammer to hold over their heads, you won’t get anything. Mr. Ungermann commented that
this proposal would be the beginning of the hammer. It’s a start.
Legislator Fanton responded that his statements were not as Mr. Ungermann presented. He
didn’t say you wouldn’t get anything; his point was that the County doesn’t have the same
hammer that industry does. You can’t move the County; industry can get up and move. The
County has to use negotiations, and that’s what we’re doing.
Legislator Pullen commented that this is an important issue and deserves debate. As was
the case with the proposal to reduce the size of the Legislature, it’s not as simple as it seems.
There are some things that need to be considered. Washington is proposing a national
health care plan. If that proposal is implemented, we won’t have the option to cancel medical
insurance for any employees. Before the County does anything that may or may not save
money, we should wait to see what happens there. One draft of the plan will require
employers to provide health benefits for all employees with no exceptions. Another issue is
that the state will be addressing some concerns with state retirement where every official with
no set schedule of work hours must maintain time records for a given length of time that are
certified to indicate they are typical. The board would then need to establish a standard time
allocation for this position. These issues are already being considered at the federal and
state levels and could make this proposed resolution a moot issue. There are other issues
Mr. Pullen would like to see considered in detail by an entity like the Personnel Committee,
such as if single coverage could be provided with the employee picking up the difference for
family coverage, or other percentages for contributions. It’s also unusual to have part-time
positions with benefits, and the amount of time spent by Legislators varies widely. There are
medical insurance plan changes being looked at now that would apply to all Legislators, and
we are starting at the top. It’s an extremely complex issue with a significant financial impact,
and it deserves more discussion. Mr. Pullen noted that Mr. Ungermann chose to read an
article about retiree health insurance, and the proposed resolution doesn’t even address that.
That would be a totally separate and thornier issue than current employee benefits.
Legislator Russo noted that this is not the first time this issue has come up. Several years
ago time was spent with non-unit employees and Legislators to come up with a fair number
for health benefit contribution. A committee was appointed, and they arrived at $25 per
month, which Mr. Russo felt was very low. If the proposal goes to Personnel, they need to
look at the entire issue for non-unit staff and Legislators. Mr. Russo also noted that if 50
percent of the cost of health insurance is taken from Legislators who are only making $8,500
per year, they won’t be making much.
129
Legislator Kruger pointed out that an ad hoc committee discussed the health insurance
contribution issue in the past. Both he and Mr. Ungermann referred to articles written on the
topic, one dated August 14, 2007 by Mr. Pullen and one dated March 29, 2006 by Mr.
Ungermann. Nothing has been accomplished. It’s nearly the end of the term, and Mr. Kruger
would like to see some progress for the taxpayers’ sake.
RESOLUTION INTRO. NO. 117-09 (CREATING POSITION OF CASEWORKER IN
THE DEPARTMENT OF SOCIAL SERVICES) WAS WITHDRAWN following a motion made
by Legislator Truax, seconded by Legislator Dibble and carried. The position would have
assisted Child Protective Services staff by providing preventive services to identified families.
Anticipated funding from the New York State Office of Children and Family Services for
Family Assessment Response workers did not come through.
Resolution Intro. No. 118-09 (Creating One New Part-Time Position of Senior Account
Clerk Typist in the Sheriff’s Department) was amended on a motion made by Legislator
Dibble, seconded by Legislator Fanton and carried, by adding the statement, “That a
maximum of seventeen hours per week is authorized for this position.”
CREATING ONE NEW PART-TIME POSITION OF
SENIOR ACCOUNT CLERK TYPIST IN THE SHERIFF’S DEPARTMENT
RESOLVED:
1.
That one new part-time position of Senior Account Clerk Typist is created in the
Sheriff’s Department.
2.
That a maximum of seventeen hours per week is authorized for this position.
3.
This resolution shall take effect on June 23, 2009.
Adopted: Roll Call
(Memo: The part-time position created by Resolution No. 108-09 was needed to supplement
the Civil Office. Income Executions are up 17 percent over last year, as is other work
associated with the office. Due to the economic situation, these numbers are expected to
continue to rise. Also, the current Clerk of the Civil Office is the only person on staff with an
understanding of the duties of the position. The Sheriff’s Office would be in dire straits should
the current Clerk become unavailable. No benefits will be associated with this position.)
GRANTING SALARY INCREMENTS EFFECTIVE JULY 1, 2009,
TO UNIT AND NON-UNIT EMPLOYEES
Pursuant to Resolution No. 1-69, as amended, and Resolution No. 297-75, as amended
130
WHEREAS, eight County unit and non-unit employees are eligible to receive an
annual salary increment effective July 1, 2009, and
WHEREAS, the proper County department heads have recommended that such
employees receive their respective annual salary increment effective July 1, 2009, having
been satisfied, after review, with each of such employees’ service, with attention having been
given to the efficiency with which each of such employees has performed his or her
respective duties, as well as the attendance record of each and all other factors having an
effect on the work record of each, and
WHEREAS, this Board concurs in such recommendation, now, therefore, be it
RESOLVED:
1.
That the following listed employees are granted their respective annual
increment effective July 1, 2009, to wit:
Department
County Clerk
Public Works
Public Works
Social Services
Social Services
Sheriff
Office for Aging
Office for Aging
Name
Title
Darcelle Hyslip
Index Clerk
Eileen Shephard
Cleaner
Betty White
Janitor
Pam Watson
Caseworker
Lori Brown
Social Welfare Ex.
Eric Smith
Correction Officer
Madeleine Gasdik Coordinator
Kathleen Jones
Typist
Moved by: Mr. Hall
Increment
$.33/hour
$.30/hour
$.38/hour
$.64/hour
$.46/hour
$.40/hour
$.65/hour
$.27/hour
Adopted: Roll Call
Voting No: Kruger, Russo, Ungermann
Comments made regarding Resolution No. 109-09 included: Legislator Kruger voiced his
opposition due to the inclusion of both unit and non-unit positions in the same resolution. The
County is bound under contract for unit position salary increments, but is not bound for nonunit positions; they should be handled separately.
APPROVAL OF SALE OF 2009 TAX SALE PROPERTIES
Pursuant to New York Uniform Delinquent Tax Enforcement Act and
Resolution No. 195-97, as amended by Resolution No. 95-98
RESOLVED:
1.
That such agreed to Terms of Sale and monetary offers as shown below are
accepted and the prior action of the Chairman of this Board in executing and delivering on
behalf of the County of Allegany to such purchasers a quit claim deed of the County's interest
in such premises, taken upon satisfaction of the Terms of Sale and full payment to the
County Treasurer of the monetary offers, are hereby approved and ratified.
131
New Owner
Address
Sale Price
County Title
Recorded Date
Liber, Page
Parcel Details
JOHNSON, RICHARD
4509 East Valley Road
Andover, NY 14806
Tax sale amount: $5,816
Parcel ID: 022089/190.-1-27
Prop Loc: 4509 East Valley Rd
Assessed value: $65,000
Acreage: 13.50
County of Allegany
STUCK, SHARON M.
5078 Noble Street
Belmont, NY 14813
Parcel ID: 022889/172.-1-35
Prop Loc: 5078 Easton Road
Acreage: 0.75
County of Allegany
AMIRHAMZEH, SEYED
1332 Dyke Rd, Box 734
Andover, NY 14806
Parcel ID: 023089/216.-1-71
Prop Loc: 1332 Dyke Road
Acreage: 1.00
County of Allegany
SPRAGUE, RICHARD P.
Main St./State Route 19
Belfast, NY 14711
Parcel ID: 023400/118.-1-26
Prop Loc: 7264 Route 19
Acreage: 1.60
County of Allegany
GALBREATH, VALERIE L.
100 Olive Street
Bolivar, NY 14715
Parcel ID: 023801/273.5-1-23.1
Prop Loc: 100 Olive Street
Acreage: 7.11
County of Allegany
FLEMING, JEFFREY A.
3892 Hamilton Hill Road
Cuba, NY 14727
Parcel ID: 024600/205.-1-14.2
Prop Loc: 3892 Hamilton Hill Rd
Acreage: 6.30
County of Allegany
ROSE, WILLIAM C, II
6 Stone Street
Cuba, NY 14727
Parcel ID: 024889/168.-1-16.2
Prop Loc: Hubbell Hill Road N
Acreage: 13.36
County of Allegany
GREEN, BRADLEY
4261 State Route 305
Cuba, NY 14727
Parcel ID: 024889/192.-1-12.1
Prop Loc: Route 305
Acreage: 6.30
County of Allegany
GREENE, CARL D.
GREENE, MICHELLE E.
6520 County Road 31
Friendship, NY 14739
Parcel ID: 025000/183.-1-22.1
Property Loc: 6520 County Rd 31
Acreage: 2.13
County of Allegany
OSTRUM, DANIEL
361 Route 417
Little Genesee, NY 14754
Parcel ID: 025200/297.-1-15.4
Property Loc: 361 Route 417
Acreage: 12.00
County of Allegany
Book: 1309
Page: 172
Book:
Page:
Book: 1579
Page: 153
Book: 1307
Page: 312
Book: 1184
Page: 115
Book: 1239
Page: 208
Book: 1028
Page: 334
Book: 1401
Page: 184
Book: 1005
Page: 00272
Book: 1586
Page: 238
132
County Title
Recorded Date
Liber, Page
New Owner
Address
Sale Price
Parcel Details
BENTLEY, STEVEN E.
7008 School Street
Hume, NY 14745
Parcel ID: 025800/26.11-1-52
Property Loc: School Street
Acreage: 1.10
County of Allegany
TROUTMAN, GARY L.
4791 County Road 12
Andover, NY 14806
Parcel ID: 026800/189.-1-3.3
Property Loc: 4791 County Rd 12
Acreage: 1.00
County of Allegany
Book: 1225
Page: 313
Book: 1060
Page: 84
Adopted: Roll Call
Resolution Intro. No. 121-09 (Approval of Sale of 2009 Tax Sale Properties) was
amended on a motion made by Legislator Reynolds, seconded by Legislator Dibble and
carried to add two parcels that were left out (Parcel ID No. 022089/152.13-1-18 and No.
027001/239.37-1-29).
APPROVAL OF SALE OF 2009 TAX SALE PROPERTIES
Pursuant to New York Uniform Delinquent Tax Enforcement Act and
Resolution No. 195-97, as amended by Resolution No. 95-98
RESOLVED:
1.
That the sale of tax delinquent properties as shown below, to the owners and
purchasers shown, for the consideration shown, subject to terms and conditions of sale for
such properties, is approved.
2.
That upon the securing by the County Attorney of a proper court order
authorizing the conveyance to the County of such of the below mentioned properties which
are subject to the 2007 and/or back to the year 1995 (TF95 up to and including TF07) tax
foreclosure proceedings and the subsequent execution of a deed of all of the below
mentioned properties to the County of Allegany Tax Enforcement Officer, the Chairman of
this Board of Legislators is authorized and directed to execute on behalf of the County of
Allegany and to cause to deliver to such owners and purchasers quit claim deeds of the
County’s interest in such properties and to affix to each such deed the official seal; all upon
satisfaction of the terms and conditions of sale and the full payment to the County Treasurer
of the monetary considerations.
New Owner
Address
Sale Price
LAFORGE, KEVIN
No Street Name or Number
P. O. Box 425
Wellsville, NY 14895
Parcel Details
Parcel ID: 022089/152.13-1-18
Prop Loc: 6146 Stare Route 21
Acreage: 0.30
County Title
Recorded Date
Liber, Page
County of Allegany
Book: 1118
Page: 31
133
New Owner
Address
Sale Price
Parcel Details
County Title
Recorded Date
Liber, Page
ROWLEY, KEVIN P.
ROWLEY, PATRICIA A.
7164 Hunters Creek Road
Holland, NY 14080
Parcel ID: 022400/262.-1-1.2
Prop Loc: Phillips Hill Road
Acreage: 2.90
County of Allegany
RATHBUN, CYRUS W.
P. O. Box 121
Delevan, NY 14042
Parcel ID: 022400/275.-1-40
Prop Loc: County Road 18
Acreage: 24.40
County of Allegany
GRAHAM, LARRY S.
GRAHAM, BRIDGET C.
2830 Bells Run Road
Shinglehouse, PA 16748
Parcel ID: 022400/290.-1-22.16
Acreage: 10.50
County of Allegany
KELLEY, MATTHEW J.
KELLEY, LAURIE L.
Belmont, NY 14813
Parcel ID: 022801/172.13-2-23
Prop Loc: 8 John Street
Acreage: 0.25
County of Allegany
DUNN, CHERI L.
DUNN, STEVEN W.
3494 Upper Mountain Road
Sanborn, NY 14132
Parcel ID: 022889/186.-1-13
Prop Loc: Plumbottom Road
Acreage: 33.80
County of Allegany
WISSERT, WALTER W., JR.
P. O. Box 33
Scio, NY 14880
Parcel ID:022889/199.-1-18.1
Prop Loc: 4340 State Route 19
Acreage: 0.50
County of Allegany
CATANESE, MARK A.
CATANESE, JEAN M.
5373 Townline Road
Sanborn, NY 14132
Parcel ID: 023089/203.-1-15
Prop Loc: East Valley Road
Acreage: 0.25
County of Allegany
MILLER, RANDY
7576 County Road 26
Belfast, NY 14711
Parcel ID: 023400/105.-1-40.2
Acreage: 0.90
County of Allegany
GOODSELL, JOY E.
Savona, NY 14879
Parcel ID: 023400/143.-1-19
Prop Loc: 6925 Tibbetts Hill Road
Acreage: 0.75
County of Allegany
Book: 1524
Page: 220
Book: 961
Page: 00228
Book: 1495
Page: 276
Book: 1459
Page: 266
Book: 747
Page: 00019
Book: 843
Page: 00048
Book:
Page:
Book:
Page:
Book: 1531
Page: 177
134
New Owner
Address
Sale Price
Parcel Details
County Title
Recorded Date
Liber, Page
KBCD INTERNATIONAL, LLC
Attn: Richard Boundy
2769 Roosevelt Road
Yuba City, CA 95991
Parcel ID: 023801/260.17-2-56
Prop Loc: 112 Plum Street
Acreage: 0.20
County of Allegany
GOODSELL, JOY E
P. O. Box 1272
Savona, NY 14879
Parcel ID: 023889/260.-1-11.2
Prop Loc: 6913 Richburg Hill Road
Acreage: 25.00
County of Allegany
GOODSELL, JOY E
P. O. Box 1272
Savona, NY 14879
Parcel ID: 024089/48.-1-13.4
Prop Loc: Bull Road
Acreage: 4.90
County of Allegany
KROTZ, RONALD P.
7487 Gleason Hill Road
Belfast, NY 14711
Tax sale amount: $1.00
Parcel ID: 024200/77.19-1-58.6
Acreage: 0.52
County of Allegany
KROTZ, RONALD P.
7487 Gleason Hill Road
Belfast, NY 14711
Parcel ID: 024200/77.-3-13.3
Acreage: 1.80
County of Allegany
FONTANA, RICHARD
8015 Messer Road
Bolivar, NY 14715
Parcel ID: 024200/91.2-1-39
Acreage: 0.28
County of Allegany
APPELL, HOWARD C.
146 Bachman Road
Rochester, NY 14621
Parcel ID: 024200/91.2-1-49.1
Prop Loc: State Route 19
Acreage: 0.60
County of Allegany
INGRAHAM, VICTORIA M.
8932 Cuba-Friendship Road
Cuba, NY 14727
Parcel ID: 024600/206.-1-22.3
Prop Loc: 3779 Moulton Road
Acreage: 1.80
County of Allegany
INGRAHAM, VICTORIA M.
8932 Cuba-Friendship Road
Cuba, NY 14727
Tax sale amount: $1.00
Parcel ID: 024600/206.-1-22.4
Prop Loc: Moulton Road
Acreage: 2.40
County of Allegany
Book: 1169
Page: 256
Book: 1149
Page: 246
Book: 1563
Page: 300
Book: 1191
Page: 18
Book: 1299
Page: 53
Book: 1625
Page: 9
Book: 1080
Page: 241
Book: 1159
Page: 76
Book: 1210
Page: 22
135
New Owner
Address
Sale Price
Parcel Details
County Title
Recorded Date
Liber, Page
SEARL RANDY A. & SUSAN E.
GRASTORF, DENNIS H.&NADA
4900 Hood Road
Belmont, NY 14813
Parcel ID: 024801/179.7-2-3
Prop Loc: 20-32 Main Street
Acreage: 0.48
County of Allegany
NISSLEY, SAMUEL D.
11784 County Road 36
Freedom, NY 14065
Tax sale amount: $200
Parcel ID: 024889/153.5-1-9.1
Prop Loc: Clark Div
Assessed value: $800
Acreage: 100.00
County of Allegany
ENDERS, CHRISTOPHER J.
7123 Crawford Creek Road
P. O. Box 205
Belfast, NY 14711
Parcel ID: 025000/155.-1-20
Prop Loc: 6175 Springbrook Road
Acreage: 3.93
County of Allegany
DEMARTE, STEPHEN J.
7579 Route 19
Belfast, NY 14711
Parcel ID: 025000/182.11-2-7
Prop Loc: 1 Maple Avenue
Acreage: 0.91
County of Allegany
MIDDAUGH, RICHARD C.
6148 County Road 18
Alma, NY 14708
Parcel ID: 025000/182.15-1-38
Prop Loc: 70 Main Street
Acreage: 0.09
County of Allegany
SPETA, TAMARA L.
4933 Maple Grove Rd, Lot 3
Friendship, NY 14739
Parcel ID: 025000/182.16-1-11
Prop Loc: 19 Water Street
Acreage: 1.30
County of Allegany
KBCD INTERNATIONAL, LLC
2769 Roosevelt Road
Yuba City, CA 95991
Parcel ID: 025000/182.7-1-41
Prop Loc: 39 Queen Ann Street
Acreage: 0.44
County of Allegany
OLIVER, THOMAS A.
OLIVER, KAREN L.
953 Portville-Olean Road
Portville, NY 14770
Parcel ID: 025200/270.-1-32.1
Prop Loc: Deer Creek Road
Acreage: 2.70
County of Allegany
FONTANA, RICHARD
8015 Messer Road
Bolivar, NY 14715
Parcel ID: 025200/279.-1-21.2
Assessed value: $100
Acreage: 0.20
County of Allegany
Book: 1149
Page: 86
Book: 917
Page: 00111
Book: 1064
Page: 26
Book: 1230
Page: 197
Book: 1357
Page: 151
Book: 1531
Page: 270
Book: 1488
Page: 146
Book:
Page:
Book: 1168
Page: 233
136
New Owner
Address
Sale Price
County Title
Recorded Date
Liber, Page
Parcel Details
MILLER, BONNIE M.
Swain, NY 14884
Parcel ID: 025600/10.-1-9
Acreage: 0.47
County of Allegany
TOWNER LIVING TRUST,
DATED 1/5/99
TERRY L. TOWNER &
BARBARA A. TOWNER,
TRUSTEES
3855 So Goodhue Lake Road
P. O. Box 10
Addison, NY 14801
Parcel ID: 025800/40.-1-12.1
Prop Loc: Bernard Street
Acreage: 2.00
County of Allegany
LEWIS, JAIME L.
858 Pleasant Valley Road
Whitesville, NY 14897
Parcel ID: 026000/295.-1-24.7
Prop Loc: Snow Road
Acreage: 4.80
County of Allegany
EDWARDS, MIKE W.
967 Harrigan Road
Parcel ID: 026000/295.5-2-18.1
Prop Loc: 501 Main Street
Acreage: 0.20
County of Allegany
WATERS, CHRISTOPHER S.
815 Pleasant Valley Road
Parcel ID: 026000/306.-3-10.1
Prop Loc: Paynesville Hill Road
Acreage: 31.40
County of Allegany
SMITH, TODD G.
SMITH, KELLY L.
11534 Church Street
Fillmore, NY 14735
Parcel ID: 026400/62.-1-13.1
Acreage: 39.70
County of Allegany
MCKENNA, CHRISTOPHER D.
21 Mark Avenue
Hamburg, NY 14075
Parcel ID: 026400/76.5-1-52
Prop Loc: 8857 Lower Street
Acreage: 0.33
County of Allegany
32 MAIN ST LLC
Attn: KEVIN LAFORGE
P. O. Box 425
Parcel ID: 027001/239.37-1-29
Prop Loc: 32 N Main Street
Acreage: 0.28
County of Allegany
Book: 1656
Page: 27
Book: 1240
Page: 230
Book: 1149
Page: 278
Book: 1250
Page: 97
Book: 709
Page: 00224
Book: 1020
Page: 00086
Book: 1031
Page: 169
Book:
Page:
137
New Owner
Address
Sale Price
County Title
Recorded Date
Liber, Page
Parcel Details
ECK, DANIEL M.
Scio, NY 14880
Parcel ID: 026600/211.-1-2
Prop Loc: 5350 County Road 31A
Acreage: 1.70
County of Allegany
WHITE, LARRY D.
WHITE, BOBBIE J.
29 North Martin Street
Dunkirk, NY 14048
Parcel ID: 026600/250.18-1-1
Prop Loc: Yeager Hill Road
Acreage: 0.89
County of Allegany
ARB SERVICES, LLC
ALLEN R. BAINBRIDGE, JR.
595 Lyndon Road
Cuba, NY 14727
Parcel ID: 027001/225.20-1-25
Prop Loc: 173 Farnum Street
Acreage: 0.00
County of Allegany
ROBERTS, FRED A., JR.
3256 Trapping Brook Road
P. O. Box 285
Parcel ID: 027001/225.20-2-25
Prop Loc: 430 Scott Avenue
Acreage: 0.43
County of Allegany
CONNOR, JAMES J.
1821 SE 35th Lane
Ocala, FL 34471
Parcel ID: 027001/238.12-3-4
Prop Loc: 91 Stevens Street
Acreage: 0.23
County of Allegany
FULLER, ROBERT J.
FULLER, BEUNA M.
3244 Riverside
Parcel ID: 027001/238.8-3-47
Prop Loc: 95 E Genesee Street
Acreage: 0.37
County of Allegany
MCKENNA, CHRISTOPHER D.
21 Mark Avenue
Hamburg, NY 14075
Parcel ID: 027001/239.10-2-49
Prop Loc: Cameron Street
Acreage: 0.99
County of Allegany
BILLINGS, ROY D.
BILLINGS, JOAN E.
1104 Harris Road
Parcel ID: 027400/280.-1-21
Prop Loc: 2187 Beech Hill Road
Acreage: 1.90
County of Allegany
HURLBURT, GLORIA J.
917 Spicer Road
Parcel ID: 027400/292.3-1-32.1
Acreage: 1.30
County of Allegany
Book: 1209
Page: 85
Book: 1192
Page: 79
Book:
Page:
Book:
Page:
Book: 1066
Page: 338
Book:
Page:
Book: 1149
Page: 136
Book: 1202
Page: 252
Book: 1229
Page: 85
138
New Owner
Address
Sale Price
County Title
Recorded Date
Liber, Page
Parcel Details
BALDWIN, DANIELLE C.
BALDWIN, NICHOLAS C.
103 Ackerman Street
Bolivar, NY 14715
Parcel ID: 027601/247.17-1-1.12
Prop Loc: Clarksville Street
Acreage: 4.00
County of Allegany
ZAKER, KARL G.
427 26th Street
Niagara Falls, NY 14303
Parcel ID: 027689/208.-1-49
Prop Loc: 7484 Blaine Road
Acreage: 1.30
County of Allegany
BARNETT FOREST
PRODUCTS, LLC
281 County Route 51A
Oswego, NY 13126
Parcel ID: 027689/233.-3-17.23
Acreage: 10.70
County of Allegany
COLE, GUY K.
COLE, CHRISTINE E.
129 Dean Street
Bolivar, NY 14715
Parcel ID: 027689/246.-3-5
Prop Loc: 2595 Harland Ames Rd
Acreage: 0.00
County of Allegany
Book: 1524
Page: 344
Book: 1104
Page: 266
Book: 1163
Page: 11
Book: 1732
Page: 252
Adopted: Roll Call
Voting No: Kruger
ACCEPTANCE OF INSURANCE PAYMENTS FROM NYMIR AND
WHEREAS, a check in the amount of $208, representing the full cost to replace a
broken windshield on a County 2002 Chevrolet Trailblazer has been offered by NYMIR in
settlement for such property damage, which occurred on May 14, 2009, and
WHEREAS, a check in the amount of $4,970.16, representing the reimbursable
expenses associated with repairs at the Cuba-Friendship Transfer Station, stemming from an
accident on December 24, 2008, has been offered by NYMIR in settlement for such property
damage, now, therefore, be it
RESOLVED:
1.
That insurance payments totaling $5,178.16 from NYMIR representing the cost
of replacing a broken window and reimbursable expenses with the Cuba-Friendship Transfer
Station are accepted.
139
2.
That the sum of $5,178.16 is appropriated to Account No. CS1931.429 (Risk
CS07.2680 (Risk Retention – Insurance Recovery).
Adopted: Roll Call
AUDITS:
Administrator. (Opposed: Kruger.) (Allegany County’s Local Dollar Share of the NYS
COMMENTS:
Legislator Pullen commented on some information provided by the Deputy County
Treasurer on health insurance costs for 2003 through 2008. Costs have gone up for most
years, but the total dropped 12.5 percent from 2007 to 2008, or almost $1 million. The
reduction may have been partially due to decreased usage, but was also significantly related
to the change in third party administrators. That change was implemented by this Board.
Last year was the first time we saw the benefit of that change. It’s uncertain whether there
will be a cash savings for 2009, but in looking at the increases for the past several years,
lately there has been a noticeable lack of increase or actual decrease in health insurance
costs. Mr. Pullen noted that on June 29, a consultant from Manning and Napier will answer
questions on proposed changes in the basic health insurance plan for non-unit personnel
including Legislators. The sooner we implement the change, the sooner we will see
additional savings. Legislator Kruger commented that during negotiations back in 1994, the
AFSCME Union brought in insurance representatives to propose similar savings, and the
Board turned it down.
Truax, seconded by Legislator Dibble and carried.
--------
140
REGULAR SESSION - JULY 13, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Jack
Swetland, former United States Navy Mess Management Chief.
INVOCATION: The Invocation was given by Legislator Reynolds.
ROLL CALL: 14 Present; 1 Absent (Legislator Pullen).
The Board meeting minutes of June 8, 2009 were approved on a motion made by
The Board meeting minutes of June 22, 2009 were approved on a motion made by
Legislator Fanton, seconded by Legislator Dibble and carried. Legislator Ungermann
commented on action taken at that meeting on the purchase of properties for parking needs
resulting from the Court facility project. He distributed copies of correspondence from the
Department of Environmental Conservation raising issues with riverbank erosion, widening
the access road, and the segmented SEQR process. Mr. Ungermann questioned whether
everything was in order, as the DEC doesn’t feel that it is. Chairman Crandall noted that the
County Attorney has expressed the opinion that everything was handled legally and properly.
Chairman Crandall presented a certificate to Jack Swetland, former United States
Navy Mess Management Chief, in grateful appreciation of his service to our Country. Mr.
Swetland’s service dates were from June 1974 to June 1994. Following Great Lakes Sub
School, duty assignments included several submarines, and he took part in an Arctic
expedition under ice. Commendations received were: Navy Achievement Medal, Good
Conduct Medal (five times), Sea Service Ribbon, Trident Patrol Pin, and Submarine Pin. Mr.
Swetland led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of
the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall granted privilege of the floor to County Administrator/Budget
Officer John Margeson for presentation of the 2008 YEAR-END FINANCIAL REPORT:
2008 Budgeted Appropriations vs. Actual Expenses: Surplus of
2008 Budgeted Revenues vs. Actual Revenues:
Surplus of
Total Net Gain:
$5.25 million
$1.19 million
$6.44 million
Areas where 2008 Spending Exceeded the Budget: (For comparison, 2007 figures are
shown in parentheses)
Jail
$345,000
(2007 - deficit of
$756,000)
Assigned Counsel
$129,000
(2007 - deficit of
$ 92,000)
Public Transportation
$ 85,000
(2007 - deficit of
$383,000)
Community College
$ 73,000
(2007 - deficit of
$ 61,000)
Areas where 2008 Revenues Exceeded the Budget:
Housing of Out-of-County Inmates
$ 951,000
Sales Tax
$ 900,000
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BOARD OF LEGISLATORS SESSION MINUTES, JULY 13, 2009
Areas of Expense Budgetary Savings:
Department of Social Services
Public Health – Nursing
$2,385,000
$1,193,000
Reduced General Fund Costs from 2007:
Employee Health Insurance
$1,004,000
General Fund Expenditures and Revenues, including Fiscal Year Gain/(Loss), were
compared for the eight-year period of 2001 through 2008. Net losses were
experienced in the first three years: 2001 – ($0.3 million), 2002 – ($6.8 million), and
2003 – ($2.8 million). Financial gains occurred from 2004 through 2008 in the
following amounts: 2004 - $0.7 million, 2005 - $2.72 million, 2006 - $1.18 million, 2007
- $2.42 million, and 2008 - $6.4 million.
Unreserved Fund Balance at year end for each of those eight years: 2001 - $1.5
million, 2002 – ($2.9 million), 2003 – ($3.8 million), 2004 – ($3.6 million), 2005 – ($0.9
million), 2006 - $0.1 million, 2007 - $2.9 million, and 2008 - $9.3 million.
The actual percentages of each area of the 2008 General Fund for expenditures and
revenue were illustrated.
Mr. Margeson commented that this was the best year-end financial report he
remembered, with the next closest being 1990 when the County ended the year with $8
million in unreserved fund balance. Chairman Crandall asked how this would affect the
County’s bond rating for future borrowing. Mr. Margeson replied that it should improve, and
we should know if it will be going up sometime after Moody representatives visit and interview
in August. Legislator Reynolds questioned the reason for the large surplus. Mr. Margeson
noted that a lot of it resulted from budgeting funds for HEAP prior to finding out that the state
took over the payments. Legislator Ungermann asked about the sales tax revenue
projections for 2009. Mr. Margeson reported that $18.5 million was budgeted, but he felt we
would only achieve between $17.5 and $17.8 million. Mr. Margeson also noted that he was
informed by the State Comptroller that the State Retirement Fund contribution by
municipalities is projected to increase in 2010 and 2011 to the point where the cost may triple
over the current obligation. That payment is budgeted at $1.6 million now, and it’s anticipated
to increase to $4.8 million. Legislator Russo questioned if the retirement fund increase was
due to the stock market situation, and Mr. Margeson replied that it was. Legislator Hall
recognized the efforts of department heads and other agencies that helped to contribute to
the healthy 2008 financial situation. Legislator McCormick asked about the independent
audit. County Treasurer Terri Ross remarked that the County’s financial reports are turned in
to the state in April, and an annual audit is performed in May by the firm Eldredge, Fox &
Porretti. (A copy of Mr. Margeson’s PowerPoint presentation is attached to the original
minutes.)
1.
Report of Intrafund Transfers Approved by the County Administrator in June.
2.
Report of Tax Bill Corrections Approved by the County Administrator in June.
3.
Report of the Allegany County Comprehensive Plan Implementation Group
dated July 1, 2009.
142
1.
pursuant to Article 11 of the Real Property Tax Law in the Clerk of the Board’s Office on June
24 and July 9, 2009.
2.
The Town of Amity filed their Comprehensive Plan in the Clerk of the Board’s
Office, and the original document was forwarded to the Development Office on July 2, 2009.
3.
NYMIR’s 2008 Annual Report.
4.
Correspondence from Joseph Rabito, Deputy Commissioner of the Office of
Community Renewal, stating that the Friendship Route 275 Backup Generator Project did not
receive funding under the NYS CDBG-R; however, the project may qualify for funding under
the annual CDBG Program administered by the Office of Community Renewal if Friendship
wishes to pursue it.
5.
Invitation for Legislators to attend the Andover Wetlands Annual Kids Fishing
Contest on August 1, 2009.
6.
Southern Tier West Regional Planning and Development Board News Release
highlighting the June 25 Board meeting, Board meeting minutes from June 25, and Notice of
Meeting for July 16, 2009.
7.
Correspondence from Assemblyman Daniel Burling regarding the Sitewide
Removal Alternative in Revised Draft Environmental Impact Statement for Decommissioning
at West Valley Demonstration Project and Western New York Nuclear Service Center. This
correspondence was in response to Resolution No. 97-09 in which Allegany County
supported the position of Cattaraugus County on the issue.
APPOINTMENTS:
Chairman Curtis W. Crandall, in a joint measure with Crystal Abers, Chairman of the
Cattaraugus County Board of Legislators, appointed Karen Knight to fill the unexpired threeyear term of Jason Huffman ending December 31, 2010, and appointed Bob Halady to fill the
unexpired three-year term of Susan Piper ending December 31, 2010, on the
CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD.
Chairman Curtis W. Crandall reappointed David T. Pullen of Fillmore, New York, to
serve as the legislative designee on the LAW LIBRARY BOARD OF TRUSTEES for a twoyear term commencing October 2, 2009 and expiring October 1, 2011.
RESOLUTIONS:
Resolution Intro. No. 123-09 (Designation of Depositories and Establishing Maximum
Deposit Amounts; Repealing Resolution No. 227-03) was amended on a motion made by
Legislator Hopkins, seconded by Legislator Reynolds and carried, by correcting the name of
one of the depositories from First Tier Bank and Trust to Five Star Bank and Trust.
DESIGNATION OF DEPOSITORIES AND ESTABLISHING MAXIMUM
DEPOSIT AMOUNTS;
REPEALING RESOLUTION NO. 227-03
Pursuant to County Law § 212 and General Municipal Law § 10
143
RESOLVED:
1.
That the following named entities within Allegany County are designated
depositories for the deposit of public funds, the disposition of which is not otherwise provided
for by law, received by the County Treasurer, up to the maximum amount for deposit in each
at any time as set forth opposite, to wit:
Community Bank of New York
Steuben Trust Company
Five Star Bank and Trust
JP Morgan Chase
2.
$18,000,000
$18,000,000
$18,000,000
$18,000,000
That Resolution No. 227-03 is repealed.
Adopted: Roll Call
A RESOLUTION DETERMINING THAT ERRORS EXIST ON
THE 2009 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED
FOR CORRECTED TAX ROLLS AND ORDERING THE VARIOUS
TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS;
RESOLVED:
1.
2.
144
3.
4.
That the Tax Collector of the Town of Wellsville is ordered and directed to
a.
Macauley, Jacqueline; Parcel 252.-1-80./3
this is a duplicate parcel and should have been removed from the tax roll, and the County
Treasurer is directed to make the following charge back:
Allegany County
Town
School Relevy
Total
$60.60
50.65
3.21
$114.46
5.
6.
2010.
Adopted: Roll Call
OFFICE OF DEVELOPMENT CONTRACTUAL EXPENSES
RESOLVED:
1.
to Account No. A6430.4 (Development – Contractual) to increase the appropriation to the
Friendship Empire Zone.
Adopted: Roll Call
Voting No: Ungermann
Legislator Ungermann
questioned if the state had reauthorized the Empire Zone Program yet. Friendship Empire
Zone Director Wendall Brown responded that the program is due to sunset in June of 2010.
145
No state funding has been approved; the program is operating entirely through local funding
for this next year, which runs April 2009 through June 2010. The office wouldn’t be able to
remain open without the supplemental funding.
TRANSFER OF FUNDS WITHIN EMPLOYMENT AND TRAINING
APPROPRIATION ACCOUNTS
RESOLVED:
1.
That the transfer of the following appropriations is approved:
Appropriations
From:
CD16403.101
CD16403.802
CD16403.474
CD16414.101
CD16414.806
CD16414.474
CD16414.475
CD16415.101
CD16415.806
To:
CD16406.101
CD16406.802
CD16407.475
CD16406.101
CD16406.806
CD16407.474
CD16401.475
CD16406.101
CD16406.806
Total
Amount:
6,000.00
3,000.00
9,000.00
9,600.00
3,000.00
3,500.00
3,600.00
7,000.00
2,600.00
$47,300.00
Adopted: Roll Call
RESOLUTION EXTENDING AN EXISTING AGREEMENT
BETWEEN THE COUNTY OF ALLEGANY AND
THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT
CONCERNING THE GENESEE RIVER HAZARD MITIGATION PROJECT
WHEREAS, this Board by Resolution No. 133-08 authorized the County to provide
temporary funding to the District to perform mitigation of stream bank erosion of the Genesee
River in the Town of Scio and Town of Belfast, now, therefore, be it
RESOLVED:
1. That the extension of the original Agreement between the County of Allegany and
the Allegany County Soil and Water Conservation District providing for the advancement of
funds pending grant reimbursement from December 31, 2008 through December 31, 2009 is
approved.
Adopted: Roll Call
Voting No: Burdick, O’Grady
146
(Memo: Regarding Resolution No. 117-09, the additional work to be completed in 2009 will
total approximately $165,000, which will be reimbursed by FEMA.)
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Reynolds and
A motion was made by Legislator Truax, seconded by Legislator Fanton and adopted
on a roll call vote of 11 Ayes, 3 Noes, 1 Absent, that the audit of claims, totaling $4,365,602
Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid
year-to-date is $4,409,727.) (Opposed were Legislators Kruger, Russo, and Ungermann.
Mr. Kruger noted that he was against spending the $106,000 on the Court Facilities Project
that was included in the audit, because it was related to taking property off the tax rolls and
surrounding another property with parking areas.)
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REGULAR SESSION - JULY 22, 2009
CALL TO ORDER: The regular meeting of the Board of Legislators, which was held at the
Allegany County Fairgrounds, was called to order at 2:05 p.m. by Chairman Curtis W.
Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by members
of a Color Guard from the Wellsville American Legion.
ROLL CALL: 14 Present; 1 Absent (Legislator O’Grady).
Chairman Crandall read a proclamation designating August 1 as Jason Dunham Day
in Allegany County, and American Legion Post 702 member Fred McGee presented Jason’s
parents, Dan and Deb Dunham, with a plaque. Representatives from several area veterans’
groups were also in attendance to honor United States Marine Corporal Jason Dunham’s
memory and to commemorate the fact that the United States Navy will be naming their
newest Arleigh Burke class guided missile destroyer after the fallen Marine hero. A special
ceremony dedicating the war ship, the USS Jason Dunham DDG 109, will be conducted in
Bath, Maine on August 1, 2009. Corporal Dunham was awarded the Medal of Honor for his
actions in Operation Iraqi Freedom on April 14, 2004, when he threw himself on top of a live
grenade to save the lives of his fellow Marines, sacrificing his life on behalf of our nation in
the global war on terror.
Chairman Crandall presented a plaque to the Allegany County Agricultural Society in
recognition of the 165th Allegany County Fair and their dedication to agriculture and tourism.
Fair Board President Martha Roberts accepted the plaque and expressed her thanks to
everyone who helps to make the County Fair a success. A special “thanks” was extended to
147
Senator Catharine Young for all the assistance received from her office. Mrs. Roberts spoke
briefly on recent renovations on the Grandstands and Mini-Theater.
Chairman Crandall presented a certificate to James and Linda Makowski in recognition
of their contributions to the Allegany County Fair. The 2009 Fair and Fair Book were
dedicated to the Makowskis.
Chairman Crandall presented a certificate to Aaron Santangelo in recognition of his
receiving the New York State Association of Agricultural Fairs and New York State
Showpeople’s Association Annual Scholarship. Aaron spoke about the effects and influence
FFA and 4-H programs have on youth in Allegany County.
United States Congressman Eric Massa was represented by Phillip Quinlan, who
spoke briefly on the challenging times for farmers.
New York State Senator Catharine Young recognized Martha Roberts and the Fair
Board for their efforts in making the Fair a success. Senator Young thanked Dan and Deb
Dunham for sharing their son’s memory and expressed her appreciation for all he did for our
country. The Senator spoke briefly about the first resolution on the Board’s agenda for this
meeting, (Resolution Opposing NYS Senate Bill S.2247, the Farmworker Fair Labor Practices
Act). Agriculture is struggling in New York State, and there are over one hundred new taxes
included in the budget this year. Senator Young felt the results would be disastrous if this bill
passes, as it will put a lot of farmers out of business.
New York State Assemblyman Daniel Burling was represented by Kate Hollis, who
extended Assemblyman Burling’s regrets for not being able to attend the meeting, and
relayed that he was in hopes that holding a Board meeting at the County Fair would become
an annual event.
Special Counsel for the Attorney General’s Office Letizia Taliafierro spoke about their
Outreach Program, and she offered an invitation to take advantage of the services they
provide. The Attorney General’s Outreach staff has made presentations for Allegany County
residents on important issues, for example: oil and gas lease meetings held in Wellsville and
identity theft information meetings for veterans and senior citizens. Future meetings are
being planned on “knowing your contractors.”
1.
August 2009 Calendar of Board and Standing Committee meeting dates.
1.
pursuant to Article 11 of the Real Property Tax Law in the Clerk of the Board’s Office on July
17, 2009.
2.
Notification that the NYSAC Fall Conference will be held in Saratoga Springs
from September 16 to 18, 2009. Anyone planning to attend should notify the Clerk of the
Board by August 5, 2009.
3.
NYS Department of Public Service Notice of Intent of Pennsylvania General
Energy Company to construct a natural gas pipeline in the Town of Willing.
148
4.
Notice of Summer Youth Employment Program 2009 Open House at the
Belmont BOCES Work Projects on July 29 from 1 to 3:15 p.m. All Legislators are invited to
attend.
5.
Notice of Greater Allegany County Chamber of Commerce Business After
Hours Gathering at Pollywogg Holler on July 23 from 5:30 to 8 p.m.
6.
News Release received from Southern Tier West Regional Planning &
Development Board regarding their July 16 Board meeting.
7.
Reminder of the Legislators’ Clambake on July 31: Money and any remaining
tickets should be turned in to the Clerk of the Board’s Office as soon as possible.
8.
Invitation for the Senior Picnic, hosted by the Office for the Aging, to be held on
July 30, with a rain date of July 31, at the Allegany County Fairgrounds in Angelica.
PROCLAMATION:
(Chairman Crandall’s proclamation declaring August 1, 2009 as Jason Dunham Day in
Allegany County was presented earlier in the meeting.)
RESOLUTIONS:
RESOLUTION OPPOSING NEW YORK STATE SENATE BILL S2247,
THE FARMWORKER FAIR LABOR PRACTICES ACT
WHEREAS, Agriculture is a vital economic activity in New York State and Allegany
County, and
WHEREAS, the Dairy Industry and its related business are essential to New York
State and Allegany County financial stability, and
WHEREAS, the current price of milk is causing severe hardship for all of New York
State and Allegany County Dairy Farmers, and
WHEREAS, New York State Senate Bill S2247, The Farmworker Fair Labor Practices
Act, would further increase cost to the New York State Agriculture Industry, and
WHEREAS, it would make New York State and Allegany County Agriculture less
competitive in both the Domestic and Foreign Markets, and
WHEREAS, New York State and Federal Laws already provide adequate Farm
Worker Protection, now, therefore be it
RESOLVED:
1.
That the Allegany County Board of Legislators opposes the passage of New
York State Senate Bill S2247, The Farmworker Fair Labor Practices Act.
2.
to appropriate State Officials.
149
Adopted: Roll Call
Voting No: McCormick
Legislator Ungermann opposed the referenced bill, because it should be a federal issue. If
the federal government wanted to pass legislation so everyone was in the same boat, it
would be much fairer. The bill encourages more foreign purchases and drives up costs.
Legislator McCormick stated that he is pro-farm, but the argument is not on the farmer, it’s on
the farmworker. Opposing the bill will deny the worker overtime pay and disability insurance.
Legislator Hopkins responded that in opposing the proposed legislation, we are not denying
overtime and disability insurance; it is up to the farmer to offer it. Employees are told up-front
what they will be receiving when they are hired. This bill is just another way the government
is telling us what we have to do. Mr. Hopkins noted that he has never seen milk prices this
low compared to operating costs. The bill will put New York State at a competitive
disadvantage with other states and will have a devastating effect on our County.
DESIGNATING THE WELLSVILLE DAILY REPORTER AS SOLE OFFICIAL NEWSPAPER
FOR THE PERIOD AUGUST 2, 2009 TO AUGUST 8, 2009
WHEREAS, the Clerk of this Board was informed that the Cuba Patriot & Free Press,
one of the official newspapers, will not be publishing during the period of August 2, 2009 to
August 8, 2009, now, therefore, be it
RESOLVED:
1.
Notwithstanding the provisions of Section 1 of Resolution No. 8-2009, the
newspaper The Wellsville Daily Reporter is designated as the sole official newspaper to
publish local laws, notices and other matters required by law to be published during the
period of August 2, 2009 to August 8, 2009.
Adopted: Roll Call
ABOLISHING NINETEEN POSITIONS IN THE DEPARTMENT OF HEALTH
DUE TO THE SALE OF THE CERTIFIED HOME HEALTH CARE AGENCY AND
LONG TERM PROGRAMS
WHEREAS, due to the sale of the Certified Home Health Care Agency and Long Term
Programs it is necessary to abolish nineteen positions in the Allegany County Department of
Health, now, therefore, be it
150
RESOLVED:
1.
That the following positions are abolished in the Allegany County Department of
Health: two positions of Supervising Public Health Nurse; four positions of Registered Nurse;
ten positions of Public Health Nurse; two positions of Medical Records Computer Operator;
and one position of Account Clerk Typist.
2.
Moved by: Mr. Truax
Adopted: Roll Call
Legislator Ungermann
questioned what portion of the 2008 year-end surplus could be attributed to the sale of the
Home Health Care Program. County Administrator John Margeson replied that it was an
estimated 13 percent or $1.2 million, and it was a one-time surplus.
CHANGING ACCOUNT CLERK TYPIST POSITION IN HEALTH DEPARTMENT
CHILDREN WITH SPECIAL NEEDS DIVISION FROM FULL-TIME TO PART-TIME
RESOLVED:
1.
That the position of Account Clerk Typist in the Health Department Children
with Special Needs Division is changed from full-time to part-time.
2.
Moved by: Mr. Truax
Adopted: Roll Call
APPOINTMENT OF ONE COUNTY FARM BUREAU APPOINTEE TO
THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD
RESOLVED:
1.
That Phil May is appointed to the Allegany County Soil and Water Conservation
District Board, as County Farm Bureau Appointee, to fill the vacancy due to the resignation of
Mark Bainbridge, commencing July 1, 2009 and expiring December 31, 2009.
Adopted: Voice Vote
151
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR
STATE ASSISTANCE FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW)
STATE ASSISTANCE PROGRAM AND AUTHORIZING SIGNING OF
THE ASSOCIATED STATE CONTRACT UNDER THE APPROPRIATE LAWS OF
NEW YORK STATE
WHEREAS, the State of New York provides financial aid for household hazardous
waste programs, and
WHEREAS, the County of Allegany herein called the Municipality, has examined and
duly considered the applicable laws of the State of New York and the Municipality deems it to
be in the public interest and benefit to file an application under these laws, and
WHEREAS, it is necessary that a Contract by and between the People of the State of
New York, herein called the State, and the Municipality be executed for such state aid, now,
therefore, be it
RESOLVED:
1.
That the filing of an application in the form required by the State of New York in
conformity with the applicable laws of the State of New York including all understanding and
assurances contained in said application is hereby authorized.
2.
That the Chairman of the Board or his designee is directed and authorized as
the official representative of the Municipality to act in connection with the application and to
provide such additional information as may be required and to sign the resulting contract if
said application is approved by the State.
3.
That the Municipality agrees that it will fund the entire cost of said household
hazardous waste program and will be reimbursed by the State for the State share of such
costs.
4.
That five (5) Certified Copies of this Resolution be prepared and sent to the
NYSDEC together with a complete application.
5.
That this resolution shall take effect immediately.
Adopted: Roll Call
Voting No: Truax
TRANSFER OF FUNDS WITHIN OFA – E.I.S.E.P. ACCOUNTS
RESOLVED:
1.
That the sum of $6,400 is transferred as follows: $5,000 from Account No.
A6778.4 to Account No. A6778.1 and $1,400 from Account No. A6778.4 to Account No.
A6778.8.
152
Moved by: Mr. Truax
Adopted: Roll Call
Resolution Intro. No. 135-09 (Transfer of Funds from Fire Prevention and Control
Contractual Expenses Account to Probation Equipment Account) was amended on a motion
made by Legislator Dibble, seconded by Legislator Truax and carried, to change the title to
“Transfer of Funds within Probation Account.”
TRANSFER OF FUNDS WITHIN PROBATION ACCOUNT
RESOLVED:
1.
A3140.2, to purchase a new server and printer.
Adopted: Roll Call
APPROVAL OF TRANSPORTATION OF PRESCHOOL CHILDREN WITH
HANDICAPPING CONDITIONS AGREEMENTS WITH
FIFTEEN CENTRAL SCHOOL DISTRICTS AND
AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENTS
WHEREAS, fifteen central school districts have agreed to provide transportation for
County preschool children with handicapping conditions, now, therefore, be it
RESOLVED:
1.
That each Agreement titled “Agreement Concerning the Transportation of PreSchool Children with Handicapping Conditions” for the period July 1, 2009 to June 30, 2010,
with the respective Central School Districts of Alfred-Almond, Andover, Arkport, Belfast,
Bolivar-Richburg, Canaseraga, Cuba-Rushford, Fillmore, Friendship, Genesee Valley,
Pioneer, Portville, Scio, Wellsville, and Whitesville is approved.
2.
The Chairman of this Board is authorized to execute all such Agreements.
Moved by: Mr. Truax
Adopted: Roll Call
Voting No: Kruger
Comments made regarding Resolution No. 126-09 included: Legislator Kruger stated that
the expenses for this program should be paid by the Education Department and not placed
on the backs of the taxpayers. Legislator Ungermann questioned why the County was
involved at all when it should be a local school district issue. Legislator Pullen noted that it
was another example of New York State telling us what to do without providing the funding,
but this has proven to be the most cost-effective method of providing the service because the
schools are already equipped with the buses and personnel. Legislator Truax commented
153
that the program is mandated. This agreement was originally suggested by former District II
Legislator Lee Frair and has saved the County millions of dollars over the past sixteen years.
ACCEPTANCE OF FUNDING FROM THE NEW YORK STATE CRIME VICTIMS BOARD;
SETTING SALARY OF CRIME VICTIMS COORDINATOR;
APPROPRIATION OF SAME TO DISTRICT ATTORNEY ACCOUNTS
Offered by: Public Safety, Personnel, and Ways and Means Committees
RESOLVED:
1.
That funding in the amount of $97,989 from the New York State Crime Victims
Board for the period October 1, 2009 through September 30, 2012, is accepted.
2.
That the annual appropriation of $32,101 shall be appropriated for 2009 as
follows: $27,500 to Account No. A1165.1 and $4,601 to Account No. A1165.4
3.
That the position of Crime Victims Coordinator shall remain filled only for so
long as such position is fully funded by State, Federal, or other grant-in-aid.
4.
That the salary of the Crime Victims Coordinator is set at $27,500 effective
October 1, 2009.
Adopted: Roll Call
AUDITS:
the County Administrator (opposed: Burdick). (Allegany County’s Local Dollar Share of the
NYS Medicaid Program paid year-to-date is $4,713,769.)
--------
154
REGULAR SESSION - AUGUST 10, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Donald J.
Cinque, former United States Army Reserve Sergeant 1st Class.
The Board meeting minutes of July 13, 2009 were approved on a motion made by
The Board meeting minutes of July 22, 2009 were approved on a motion made by
Chairman Crandall presented a certificate to Donald J. Cinque, former United States
Army Reserve Sergeant 1st Class, in grateful appreciation of his service to our Country. Mr.
Cinque served from September 1965 to November 2002 in the United States Navy and
United States Army Reserve. Following Basic Training in San Diego, California, his duty
stations included the USS Ajax, USS Tillamock, and USS Mahopac, and he was involved in
the Vietnam War. Among the commendations Mr. Cinque received were: Army Service
Ribbon, Vietnam Service Medal, Non-Commissioned Officer’s Leadership Training Award,
and Army Achievement Medal. Mr. Cinque led the Pledge of Allegiance to the Flag at the
Chairman Crandall presented a certificate to the August 2009 Employee of the Month,
Susan Hunter from the Health Department, in recognition of her hard work and dedication to
the County.
1.
Report of Intrafund Transfers approved by the County Administrator in July.
2.
Report of Tax Bill Corrections approved by the County Administrator in July.
3.
The Allegany County Mutual Self-Insurance Plan (Workers’ Compensation)
2010 Budget, together with the apportionment of costs of the Budget to the County, Towns,
and Villages of Allegany County.
1.
Notice of next InterCounty Association meeting to be hosted by Schuyler
County at the Watkins Glen Harbor Hotel on August 21.
2.
Correspondence from Assemblyman Daniel Burling acknowledging receipt and
support of Allegany County Resolution No. 118-09 opposing the New York State Senate Bill
S.2247, The Farmworker Fair Labor Practices Act.
155
BOARD OF LEGISLATORS SESSION MINUTES, AUGUST 10, 2009
3.
Correspondence from Robert van der Horst of Cuba regarding the proposed
location of the new Courthouse addition.
4.
Correspondence from Mark Kukuvka from LaBella Associates responding to Mr.
van der Horst’s letter.
5.
Southern Tier West Regional Planning and Development Board minutes from
July 16, 2009.
6.
Notice of the Allegany County Youth Court Kickball Tournament to be held on
August 15 at the Genesee Valley School at 10 a.m.
7.
It was announced that there will be a Committee of the Whole meeting after the
Board meeting on August 24.
PROCLAMATION:
Chairman Crandall proclaimed the week of August 2 through 8, 2009, as
Breastfeeding Week in Allegany County in a proclamation that he read at the annual WIC
picnic on August 4.
RESOLUTIONS:
REPEAL OF RESOLUTION NO. 85-2009;
ACCEPTANCE AND APPROPRIATION OF FUNDS UNDER
THE 2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
WHEREAS, Resolution No. 85-2009 incorrectly noted the source of funding for a
County highway project, and
WHEREAS, the funds identified in that resolution were not part of a Marchiselli-Aid
Project, but instead were for a Project under the 2009 American Recovery and Reinvestment
Act (ARRA) Program for the resurfacing of 7.25 miles of Allegany County Road 12 from the
Village of Alfred line to State Route 417 in the County of Allegany, now therefore, be it
RESOLVED:
1.
That Resolution No. 85-2009 is hereby repealed.
2.
That funding in the amount of $800,000 through the ARRA is hereby accepted
with the sum of $800,000 appropriated to Account No. D5112.230 (County Road FundPaving) with a like sum placed in Revenue Account No. D11.4589.STIM.
3.
That the resurfacing project as described above is approved.
Adopted: Roll Call
(Memo: Regarding Res. No. 128-09, the CR 12 resurfacing project agreement with NYS
DOT, PIN 6754.29, was amended to reflect the lower total project cost of $795,290. This was
approved at the October 7 Public Works Committee meeting; no resolution was necessary.)
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RECLASSIFICATION OF ACCOUNT CLERK TYPIST TO
SENIOR ACCOUNT CLERK TYPIST IN THE COUNTY CLERK’S OFFICE
RESOLVED:
1.
That one position of Account Clerk Typist is reclassified to Senior Account Clerk
2.
This resolution shall take effect on August 11, 2009.
Typist.
Moved by: Mr. Hall
Adopted: Roll Call
(Memo: The reclassification approved by Resolution No. 129-09 was needed because the
cashier duties from an abolished position were distributed between the Senior Recording
Clerks and the pending Senior Account Clerk Typist. The Account Clerk Typist position
needed to be upgraded to reflect the additional duties and responsibilities.)
A RESOLUTION DETERMINING THAT ERRORS EXIST ON
THE 2007, 2008 AND 2009 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED
FOR CORRECTED TAX ROLLS AND
ORDERING THE VARIOUS TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS;
WHEREAS, applications for the taxpayers hereafter described have been made to the
County's Director of Real Property Tax Service Agency for the correction of certain errors
RESOLVED:
1.
2.
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3.
4.
in the 2007, 2008 and 2009 County and Town Tax Roll the assessment or taxes, or both, of
the property assessed to the following taxpayer and described as follows:
a.
Histed, John & Beryl; Parcel 105.-1-40.1
Assessment: Land $3,900 Total $3,900 (Years 2007 and 2008)
Assessment: Land $6,300 Total $6,300 (Year 2009)
this parcel was deleted from the roll, and the County Treasurer is directed to make the
following charges on her books:
2007
2008
2009
Allegany County
$63.29
$78.08
$107.75
Town of Belfast
50.39
51.68
78.44
School Relevy
86.58
94.10
127.78
Total
$200.26
$223.86
$313.97
5.
That the Tax Collector of the Town of Scio is ordered and directed to correct in
the 2007, 2008 and 2009 County and Town Tax Roll the assessment or taxes, or both, of the
a.
Forestlands, Inc.; Parcel 237.-1-40
this parcel was deleted from the roll, and the County Treasurer is directed to make the
following charges on her books:
2007
2008
2009
Allegany County
$133.20
$142.60
$145.12
Town of Scio
83.84
88.43
94.22
School Relevy
267.24
252.77
258.05
Total
$484.28
$483.80
$497.39
6.
7.
2010.
Adopted: Roll Call
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ACCEPTANCE OF SECOND COMPONENT GRANT FUNDS FROM
THE NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES FOR
A CENTRALIZED PROPERTY TAX ADMINISTRATION PROGRAM (CPTAP)
STUDY OF A COUNTY-WIDE ASSESSING PROGRAM;
APPROPRIATION OF FUNDS
RESOLVED:
1.
That the accepted sum of $25,000 is appropriated to Account No. A1355.432
(Assessments – Contractual) with a like sum credited to Revenue Account No.
A10.3089.1355 (Tax Assessment Grant).
Adopted: Roll Call
(Memo: The grant accepted by Resolution No. 131-09 is the second component of the Tax
Assessment study that was completed in March 2009. The first portion was originally
accepted by Resolution No. 62-08 and reappropriated for 2009 by Resolution No. 31-09. The
total amount of the grant for the study was $50,000.)
REAPPROPRIATION OF 2008 CALENDAR YEAR FUNDING FOR
HIICAP AND SPOE GRANTS FROM NEW YORK STATE
RESOLVED:
1.
That HIICAP and SPOE grant funds in the amount of $16,200 not spent in
calendar year 2008 are reappropriated as follows: $7,500 to Account No. A6782.1, $700 to
Account No. A6782.8, $4,500 to Account No. A6787.1, and $3,500 to Account No. A6787.8,
with a like sum credited to the following Revenue Accounts: $8,200 to Revenue Account No.
A11 4772.06, and $8,000 to Revenue Account No. A10 3772.6787.
Moved by: Mr. Truax
Adopted: Roll Call
(Memo: The accounts referred to in Resolution No. 132-09 are Office for the Aging Health
Insurance Information, Counseling and Assistance Program and Single Point of Entry.)
WHEREAS, a check in the amount of $323.95 representing the full cost to replace a
passenger side window on a County vehicle has been offered by NYMIR in settlement for
such property damage, now, therefore, be it
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RESOLVED:
1.
That the amount of $323.95 from NYMIR representing the cost of replacing a
passenger side window on a County vehicle that was broken while sitting in the Allegany
County Jail parking lot on or around June 10, 2009 is accepted.
2.
That the accepted sum of $323.95 is appropriated to Account No. CS1931.429
(Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No.
Adopted: Roll Call
(Memo: The County vehicle that was referred to in Resolution No. 133-09 was a Health
Department 2005 Ford Focus.)
INCREASING APPROPRIATIONS AND REVENUES IN OFFICE FOR AGING ACCOUNTS
WHEREAS, the Office for the Aging has advised that due to increased funding for
Federal and State Programs, certain appropriations and revenues should be increased, now,
therefore, be it
RESOLVED:
1.
That the Office for the Aging Accounts are increased a total of $13,968 as
follows: $3,077 to Account No. A6772.4, $3,718 to Account No. A6779.4, $6,160 to Account
No. A6784.1, and $1,013 to Account No. A6784.8, with a like sum credited to the following
Revenue Accounts: $3,077 to Revenue Account No. A11 4772.00, $3,718 to Revenue
Account No. A10 3772.01, and $7,173 to Revenue Account No. A11 4772.08.
Moved by: Mr. Truax
Adopted: Roll Call
ACCEPTING AND APPROPRIATION OF ADDITIONAL FEDERAL WIA FUNDING
THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT
RESOLVED:
1.
That the sum of $182,700 of additional federal WIA funding through the
American Recovery and Reinvestment Act is accepted.
2.
Account No. CD16401.4, $14,000 to Account No. CD16402.1, $48,000 to Account No.
CD16402.4, $6,800 to Account No. CD16402.8, $10,000 to Account No. CD16406.1, $68,000
to Account No. CD16406.4, $4,900 to Account No. CD16406.8, and $17,000 to Account No.
CD1A6407.4, with a like sum credited to Revenue Account No. CD1 11.4789.STIM.
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Adopted: Roll Call
ACCEPTING AND APPROPRIATING FUNDS
FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT
TO OFFICE FOR THE AGING ACCOUNTS
RESOLVED:
1.
That the sum of $15,112 in federal funding to Office for the Aging Nutrition
Program for the Elderly-Congregate and Home Delivered Meals is accepted.
2.
Account No. A6772.4, with a like sum credited to Revenue Account No. A11 4789.OFAS.
Moved by: Mr. Truax
Adopted: Roll Call
TRANSFER OF FUNDS FROM SHARED SERVICES ACCOUNT
TO CLERK OF THE LEGISLATIVE BOARD ACCOUNT AND
WITHIN LEGISLATIVE BOARD ACCOUNT
RESOLVED:
1.
That the sum of $692 is transferred from Account No. A1670.415 (Central
Service Printing) to Account No. A1040.101 (Clerk of the Legislative Board – Personnel).
2.
That the sum of $482 is transferred from Account A1010.405 (Legislative Board
- Conference Expense) to Account No. A1010.101 (Legislative Board – Personnel).
Adopted: Roll Call
(Memo: The transfers approved by Resolution No. 137-09 were necessary to cover
expenses through year-end, including the extra actual work day in 2009 that isn’t accounted
for on the payroll system - 261 work days as opposed to 260.)
TRANSFER OF FUNDS BETWEEN CAPITAL PROJECT ACCOUNTS
Offered by: Public Works and Ways and Means Committee
RESOLVED:
1.
That the sum of $31,655 is transferred from Account No. H5801.200 (BR #1901, CR24, Grove) to Account No. H5800.200 (BR #04-20, CR32, Almond).
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Adopted: Roll Call
ACCEPTANCE OF FIRST TRANSIT PROPOSAL AND
APPROVAL OF A THREE-YEAR AGREEMENT WITH FIRST TRANSIT IN RELATION TO
PROVIDING PUBLIC TRANSPORTATION SERVICES IN ALLEGANY COUNTY;
AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT
WHEREAS, companies were solicited to submit proposals for providing public
transportation services in Allegany County, and
WHEREAS, First Transit, our current public transportation provider, submitted the only
proposal for such transportation services, and
WHEREAS, First Transit submitted the following proposals: $773,512 minus fare box
for August 1, 2009 to July 31, 2010, $796,818 minus fare box for August 1, 2010 to July 31,
2011, and $819,796 minus fare box for period August 1, 2011 to July 31, 2012, now,
therefore, be it
RESOLVED:
1.
That the proposal of First Transit to provide public transportation services in
Allegany County is accepted.
2.
That a three-year Agreement between the County of Allegany and First Transit
in relation to providing public transportation services in Allegany County is approved.
3.
That the Chairman of this Board is authorized to execute said Agreement upon
the review and approval of the County Attorney.
Moved by: Mr. Truax
Adopted: Roll Call
Voting No: Kruger
(Memo: The agreement approved in Resolution No. 139-09 includes terms as specified
within the resolution, as well as a termination clause for either party based on a 90-day
written notice. Due to recent efforts to maximize state aid for rural transit programs, the local
fiscal impact is expected to be minimal and is forecasted at $0 to $50,000.)
Comments made regarding Resolution No. 139-09 included the following:
Legislator Kruger stated that he did not support the resolution because there was no
maximum fiscal impact indicated within the resolution itself; therefore, there would be no limit
to what the taxpayers would have to bear to fund the transit system. A few years ago, we
discovered the system that wasn’t supposed to require any local funding was costing us close
to $400,000 annually. Mr. Kruger noted that he felt the transit system was a good thing, but
he did not like the way the package was put together. He recognized the effort put forth to
improve the system, but his “no” vote is based on the fact that there is no protection for the
taxpayers to limit the cost.
162
Legislator Dibble commended the efforts of the Transportation Task Force, and he
noted that the system is being changed to the point where it possibly will cost nothing in the
coming years. The routes are being changed, and signage and advertising are being
developed to increase ridership.
Legislator Hall commented that since the Board learned of the high local cost to
subsidize the transit system, efforts made by the Task Force have resulted in some
significant changes which greatly decreased the County share. Some of those changes
involved increasing ridership and hiring a manager, and by supporting the agreement, we can
continue to make changes. First Transit has actively participated in the Transportation Task
Force since the beginning, contributing to the changes, and has been very supportive. We
need to develop a strong transportation system to provide better service at less cost.
Legislator O’Grady agreed with Legislators Hall and Kruger, but also questioned if
there was a way to set a maximum amount that the County would have to pay to subsidize
the transit system. Last year the local cost had been reduced to $85,000. Mr. O’Grady noted
that although we may be moving forward toward eliminating the County’s subsidy, he’d like
some insurance that it doesn’t slide back the other way.
Legislator Fanton commented that real progress has been made to reduce the
County’s cost, and the agreement has a 90-day termination clause. If costs go in the other
direction, Mr. Margeson will bring it to the Board’s attention right away.
First Transit District Manager Jim Gorman commented that when the steering
committee was formed three years ago, their mandate was to reduce costs by at least ten
percent. They have reduced it almost completely when considering the additional grants and
stimulus money brought into the County that have more than offset costs. They have also
been able to coordinate with other agencies to provide more service than before when the
County cost was higher. The goal is to leverage federal and state money into the County that
is available because they are willing to coordinate with other service providers. This concept
of agencies sharing revenue and resources had not been done previously, and Allegany
County has been recognized on the state and federal levels for our accomplishments. The
Board’s endorsement of the agreement will allow them to continue to move forward to make
the County’s transportation system a model for others to follow.
Rural Health Network Executive Director Carrie Whitwood remarked that we’ve come
a long way in the past three years, and we’re picking up speed. There’s also a ripple effect
with the savings. Arc transportation has now gone public, which is generating STOA dollars.
This enables some Medicaid riders to be placed on public transportation to reduce Medicaid
costs for the County. We will see savings and cost sharing in many aspects of the system.
Chairman Crandall noted that at first, the County was just a pass-through for the
transit system funding. Then the local share became an issue. We’re working toward the
system not costing anything to County taxpayers. There is a 90-day termination clause in the
contract. From the taxpayers’ standpoint, monitoring of the program’s local share cost is one
of the most important parts.
AUDITS:
163
Administrator (opposed: Ungermann). (Allegany County’s Local Dollar Share of the NYS
COMMENTS:
Legislator Ungermann questioned the process for supporting other counties’
resolutions that we receive on relevant issues, such as a recent one from Fulton County
concerning anti-gun owner legislation or another from Schoharie County on the state taking
back the local share of Medicaid as a form of true Medicaid reform. Legislator Reynolds
responded that in the past, we have relied on NYSAC to take our concerns to Albany, but the
Board can certainly support these other causes. Legislator Dibble noted that we have done
other supporting resolutions on Medicaid reform in the past, but maybe it’s time to push it
again. Chairman Crandall commented that resolutions from other counties are distributed to
all legislators. Sometimes there are some referred to a particular committee, and if anyone
feels strongly about one, they can take it to the appropriate committee, committee chairman,
or the Clerk of the Board. In addition, a lot of the requests are forwarded on to NYSAC and
the InterCounty Association of Western New York, which is 19 counties strong now.
Legislator Pullen commented that during the Ways and Means Committee meeting,
Commissioner of Social Services Patricia Schmelzer reported that the state will be sending
out $200 checks to the households of every child receiving food stamps and public
assistance, although nothing will be sent to those working and paying taxes and carrying the
load. Mr. Pullen noted that he is not against help being given to those on Public Assistance;
however, at a time when the state is running huge deficits, they are again giving money away
with nothing being done to relieve taxpayers in paying for Medicaid. He is not against
supporting Medicaid reform legislation, but nothing we do seems to stop them or change the
way they are doing things. Albany is out of control.
Legislator Dibble noted that he was honored to be in Bath, Maine for the christening of
the USS Jason Dunham. When we remember Jason, we can be thankful for what he did for
the freedom of our country.
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REGULAR SESSION - AUGUST 24, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by David R.
Haugh, former United States Air Force Chief Master Sergeant.
ROLL CALL: 13 Present; 2 Absent (Legislators Fanton and Truax).
The Board meeting minutes of August 10, 2009 were approved on a motion made by
Legislator Dibble, seconded by Legislator Hopkins and carried.
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Chairman Crandall presented a certificate to David R. Haugh, former United States Air
Force Chief Master Sergeant, in grateful appreciation of his service to our Country. Mr.
Haugh’s service dates were from August 1978 to August 2008. Following Basic Training at
Lackland Air Force Base in Texas, Mr. Haugh was stationed at various bases throughout the
United States including Alaska, and overseas duty included Panama, Okinawa, and
Uzbekistan. Mr. Haugh was involved in Operation Enduring Freedom from December 2004
through March 2005. Among the many commendations he received were the Meritorious
Service Medal with four oak leaf clusters, Air Force Commendation Medal with two oak leaf
clusters, and Air Force Achievement Medal, just to name a few, and by the time Mr. Haugh
retired, he had achieved the ranking of E-9. Mr. Haugh led the Pledge of Allegiance to the
Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance
Program.
REMARKS FROM THE FLOOR OF THE LEGISLATIVE CHAMBERS BY CHAIRMAN
CURTIS CRANDALL, IN CONJUNCTION WITH THE DISTRIBUTION OF THE COURT
FACILITIES INFORMATIONAL PACKAGE:








Why are we doing a Courthouse project now?
What happens if we fail to comply with the State’s demands?
What are the main reasons we are not in compliance?
Why has it taken so long for Allegany County to address this?
Why can’t we convert the former County Jail area for Court use?
What gives the State the right to reject our proposals?
Is it true that Allegany County is the last county in the state to deal with the Court
issue?
Why should we have to deal with this now? We can’t afford a project like this.
I have taken the floor today to address my colleagues, the press, invited guests, department
heads, and others present to announce and distribute information about the Allegany County
Courthouse Project.
I have the good fortune to spend a lot of time in and around Allegany County visiting with
people from all areas of our County, from a variety of backgrounds, and from all walks of life.
This time of year seems an especially good time for good conversation and meeting people
at many of the fairs, festivals, picnics, and other activities that go on during the summer
months.
The questions I just asked are only a few that have come up in regard to the Courthouse
Project which has taken up much of this Board’s time and efforts over the last four years. It
has not only taken up many hours and days’ worth of meeting time, but has entered its way
into our conversations with family, friends, and neighbors, as I believe it should. After all, the
project that we have spent so much time and effort on is a major investment for the taxpayers
of Allegany County. One common thread in each of the conversations I have had about the
Courthouse is a lack of facts and understanding from the people I talk to. It’s not that they
don’t care, can’t comprehend, or don’t want to know. I believe for the most part it’s a matter of
taking the time to research factual information – information that is not editorialized, that
doesn’t lean my way or your way, left or right, right or wrong – just the facts.
As factual information has been distributed about the Courthouse, it hasn’t exactly made the
Allegany County best-sellers list for exciting reading. The Court Facilities Committee
distributed leaflets, put information up on the County web site, posted an e-mail address to
submit questions, and gave a number to call for more information. The questions I read as I
began were taken from these informational pamphlets, which contained answers to each of
165
them. They were posted online, given to the press, and I personally distributed many myself.
Some people would take this information and say, “Thank you, this will help answer some of
the questions I have,” and some may have not said it out loud, but thought, “They are only
giving me one side of the story, they are not sharing all the information they have on this.”
Before I speak about the many volumes of information and all of the three-ring binders,
drawings, studies, and papers stacked in front of the dais today, I would like to take just a
moment to reflect on some facts about the Courthouse Project.
In 1976, the Office of Court Administration, better known to us now as OCA, was created as
the oversight office for the Court System. The State took over the major portion of court
administration costs, including personnel and expenses, resulting in significant savings to
localities. Responsibility for providing adequate facilities for the courts remained with
municipalities.
In 1987, the Court Facilities Act was adopted. In the eyes of those who supported this
legislation at the time, the counties and cities of New York State weren’t using the financial
savings created by the takeover of court expenses to maintain and improve the court facilities
as intended, so a law making them do so was passed. In this Court Facilities Act, a Capital
Review Board was established as an independent body, representing all three branches of
government. Each county and city was to submit a capital plan evaluating and assessing their
court facilities. If found inadequate, they were required to develop a plan to remedy the
situation; the plan would then be approved or rejected. Failure to comply with this Act would
result in the sanctioning or withholding of funds from New York State to the municipality.
Allegany County has a long-standing history of failing to comply or fulfill obligations set forth
in the Court Facilities Act of 1987. In fact we hold the record as the last county in New York
State to comply. Many counties that remodeled or expanded their court facilities early on are
now facing a second round of upgrades to comply with this Act. The functions of the courts
have not just changed and outgrown facilities since the 1930s when our Courthouse was
built, but they have significantly changed since the adoption of the Court Facilities Act of 1987
– not by choice from our local judicial system, but by state and federal law.
Over the past 22 years, Allegany County has not just ignored this legislation; as much as we
may have tried, it just wouldn’t let us. In the early 1990s, time and effort was given to a plan
to provide additional space to the Courts. The plan was submitted, and in 1995 the plan was
rejected by OCA and the sanction process was initiated. In 1996, plans were started for new
construction or modification of the existing Courthouse, and the sanction process was stayed.
From 1997 to 2001, the project was on track, and the stay was extended. In 2001, the County
shifted its plan to extend the Courts into the second floor of the County Office Building, where
we stand today. In 2003, meetings were conducted, and promises of action were made to
OCA. In 2004, Harry Brand of OCA met with the County Administrator to discuss renovations
that would offer some relief to the Courts, relative to the construction of the new Jail Facility.
In Fall of 2004, plans to extend the Courts were no longer a priority. In December of 2004,
OCA once again advised Allegany County of its responsibilities and a sub-committee was to
convene. In May 2005, there was some activity in regard to the Courts, and funds were
appropriated for a study and to look at design options.
On June 26, 2006, William Clark, Council for Capital Planning for the Office of Court
Administration, visited us here in the Chambers at a special Committee of the Whole meeting
I had set up so we could hear first hand the position of OCA. Mr. Clark stated that this was
his third visit to Allegany County in 2006, and that it was clear to OCA that nothing was being
done, and no further delay would be tolerated.
He stated that the County’s Court Facilities’ deficiencies are severe and include the following:
166
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

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The Courthouse does not comply with the Americans with Disabilities Act (ADA) and
does not lend itself to renovations that would allow compliance.
The Courthouse lacks appropriate attorney-client conference space.
Such
conferences currently occur in the hallways and lobbies of the Courthouse, which also
serve as the only waiting areas for the public.
The Courthouse lacks adequate secure storage space.
The Court lacks appropriate office and testing facilities for the recently established
Drug Court staff and lacks appropriate space for the soon-to-be-established Integrated
Domestic Violence Court and staff.
The existing facility does not currently provide sufficient space for the assembly of
prospective jury panels.
The building layout does not allow for the proper deployment of security personnel.
Judges must use the public corridors when traveling to their Courtroom.
The Courthouse lacks appropriate Courtroom space for the Judicial Hearing Officer
and Support Magistrate, who conduct their proceedings in the Legislative Chambers,
Jury Room, or Law Library.
Court security equipment is currently located at the top of the stairs, resulting in
unacceptable and dangerous security queuing on the building’s stairway.
Neither Chief Clerk has a private office.
The existing facility’s building systems are unable to meet the needs of the Court. The
HVAC system in particular is inadequate and in need of replacement.
Mr. Clark mentioned other issues as well, and he reiterated the County’s legal
responsibilities, the Court Facilities’ serious inadequacies, the County’s failure to address the
situation, and the Court Facilities Review Board’s advice and imminent sanctions. He offered
the County his and Mr. Isenberg’s assistance in fulfilling its obligations.
At this meeting, as Chairman, I announced that I would form an ad-hoc committee to deal
with only the Court issues. The committee would report back to the Board their
recommendations relative to a capital plan. They would review existing information and
formulate a plan to resolve the issue.
I think this recount of history and the facts I have just shared are very helpful in
understanding the position and actions of this current Board of Legislators. It didn’t take a lot
of research on my part to come up with this. In fact I plagiarized it all from one set of
minutes. This is the type of information that sits before you, which I will distribute in a minute.
To some it may seem boring, about as much fun as sitting and reading the phone book.
They just want to know that as legislators, you and I have studied and understand the facts,
and that we are making the best decision based on those facts. They don’t buy into
conspiracy theories, and they know we are taxpayers as well, and they say, “Just do the right
thing.” To others, this is exciting stuff. It is information that they feel starved for, but didn’t
know where or how to get it. They will devour it and ask for more, not because they feel
something is missing, or intentionally covered up or left out, but because they are the type of
people that need to see and understand every detail possible about the subject at hand, and
the big subject at the moment seems to be the Court Facilities.
Contained in the three-ring binders before you are around 300 pages of information – not
editorial information, but copies – copies from meeting minutes, correspondence, studies,
and drawings. These represent only a fraction of the thousands of pages of information which
exist on the subject of Court Facilities in Allegany County. “Why were only 300 pages
selected for distribution,” you may ask, and to take it a step further, “Why these 300 pages?
Is there something contained in the other thousands of pages that they don’t want me to see?
This is like only one chapter out of a good mystery book, and I have to have more
information.” And you might be thinking, “I see a lot of three-ring binders, but not enough to
go around – not enough for everyone that needs one, let alone wants one.”
167
With a lead-in like that, I know what you’re thinking. “Crandall has come up with a plan. He is
going to distribute only a few pages of some exciting Allegany County Courthouse Drama for
free, then sell the rest of the story for a price and pay for the Courthouse renovations from the
proceeds.” Not a bad idea.
However, I think this is a better idea: I am going to take these 100 binders and give one to
each of the Legislators, one to each of the candidates running for a seat on the Legislature,
one to each Town and Village Clerk to put on display, one to each of the 17 libraries in
Allegany County, and one for each of our state elected officials. And like a good
advertisement, I’m going to say, “But wait, that’s not all.”
In addition to the 100 three-ring binders full of information, which can be seen at your Library
or Town or Village Clerk’s Office, you will get:
 All of this information online at www.alleganyco.com, or
 All of this information will be available on a CD for anyone who wants it by calling the
Clerk of the Board of Legislators’ Office at 585-268-9222 and asking for it.
You may still be wondering about all that other information – all the stuff I have not put in
these binders, online, or on CD. “How do I see the rest of the information – the thousands of
pages of minutes, drawings, and studies. I want to see it all.”
For you, a Public Information Research Room is being set up. All of the documents will be
available for you to sit and read at your leisure. This will be in the Clerk of the Board of
Legislators’ Office, with a table and chairs for your convenience.
To end on a serious note for a serious matter that has occupied much of our time over the
past four years, I would like to encourage the taxpayers of Allegany County to get the facts
concerning the Courthouse Project that faces us. Work from official information that is not an
editorial put together to spin this into something it’s not. I have done what I can to provide an
easy means for those who care to do some research. To those who say, “Legislators, we
have voted you into office to do the studying and research on our behalf. Do the right thing,” I
say thank you for your trust in this Board of Legislators. We have been, and are, working to
comply with a state law that has been a burden hanging over the head of our County for
many years, a burden that we inherited, and through no choice of our own, we must deal
with.
You know, there seems to be a lot of misinformation on the Court Facilities Project out there.
An example is an e-mail I received a copy of on Friday. This e-mail says, and I quote: “That
the Court Facilities Committee has moved its next meeting from September 2 to August 24 to
possibly hire the contractor that will begin the three-story addition to the back of the
Courthouse and rip out 42 parking places. They rushed this date forward because people
are getting organized against it. Their plans will be challenged in Court, but in addition we
need to demonstrate that the voters don’t want it.” This truly bothers me. Over the weekend,
I also heard that the information that is going to be handed out is information that, and I again
quote: “Will be released on Monday.” This information is not being released; it has been
compiled from open and public documents that are available to the public. The reason it has
been compiled is to assist the general public in getting factual information.
I wish to thank the Clerk of the Board and her office for the extra efforts in compiling all of this
data, and I look forward to speaking with anyone who wishes on Allegany County’s
compliance with the Court Facilities Act of 1987.
Thank you.
Curtis W. Crandall, Chairman
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1.
September 2009 Calendar of Board and Standing Committee meeting dates.
1.
Correspondence from Senator Catharine Young notifying us that Senate Bill
3813, which she introduced authorizing Allegany County to continue imposing an additional
one and one-half percent sales and compensating use tax until November 30, 2011, was
signed into law by the Governor.
2.
Correspondence from the Cuba Village Board in support and recognition of the
work being done by the Friendship Empire Zone.
3.
Correspondence from DuLac Engineering, Inc., recommending that the
proposed Courthouse addition be located no closer to the existing top of the riverbank than
50 feet.
4.
Correspondence from the Law Office of David DiMatteo notifying us that the
Town of Pike will be Lead Agency relative to 2009 Amendments to the Town of Pike
Comprehensive Plan.
5.
Correspondence from the Wellsville Community Outreach Team announcing a
meeting to assess the walkability in the Village of Wellsville on October 2, from 9 a.m. to 4
p.m., at the David A. Howe Public Library.
6.
Correspondence from the ACCORD Corporation announcing their first Annual
Golf Tournament at the Waterways Golf and Spa Resort on Sunday, September 13, 2009,
beginning with registration at 9 a.m.
7.
Correspondence from Alan Carlin, dated August 19, 2009, regarding the Court
Facilities Project.
8.
It was announced that the Committee of the Whole meeting scheduled for after
this Board meeting was cancelled.
APPOINTMENT:
Chairman Curtis Crandall, in a joint measure with Cattaraugus County Legislative
Board Chairman Crystal Abers, appointed Carrie Childs to fill the unexpired three-year term
of John Francisco ending December 31, 2009, on the CATTARAUGUS-ALLEGANY
WORKFORCE INVESTMENT BOARD.
RESOLUTIONS:
AMENDING RESOLUTION NO. 118-67, AS AMENDED,
TO IMPOSE ALLEGANY COUNTY SALES AND USE TAX AT THE RATE OF
FOUR AND ONE-HALF PERCENT FOR THE PERIOD BEGINNING
DECEMBER 1, 2009 AND ENDING NOVEMBER 30, 2011, AND
THEREAFTER SAID RATE OF SALES AND USE TAX TO REVERT TO THREE PERCENT
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Pursuant to Article 29 of the Tax Law, and Chapter 140 of the Laws of 2009
BE IT RESOLVED AND ENACTED by the Board of Legislators of the County of
Allegany that the following provisions of Resolution No. 118-67, as last amended, are hereby
amended to read as follows:
Section 1. Section 4-A of Resolution No. 118-67, as amended, is hereby amended to
read as follows:
Section 4-A. Imposition of additional rate of sales and compensating use taxes
Pursuant to the authority of section 1210 of the Tax Law, in addition to the sales
and compensating use taxes imposed by sections 2 and 4 of this resolution, there is
hereby imposed and there shall be paid an additional one and one-half percent rate of
such sales and compensating use taxes, for the period beginning December first, two
thousand four, and ending November thirtieth, two thousand eleven. Such additional
taxes shall be identical to the taxes imposed by such sections 2 and 4 and shall be
administered and collected in the same manner as such taxes. All of the provisions of
this resolution relating or applicable to the administration and collection of the taxes
imposed by such sections 2 and 4 shall apply to the additional taxes imposed by this
section, including the applicable transitional provisions, limitations, special provisions,
exemptions, exclusions, refunds and credits as are set forth in this resolution, with the
same force and effect as if those provisions had been incorporated in full into this
section and had expressly referred to the additional taxes imposed by this section.
Section 2. Paragraph (D) of Subdivision (1) of Section 11. of Resolution No. 118-67,
as amended, is hereby amended to read as follows:
(1)
(D) With respect to the additional tax of one and one-half percent
imposed for the period beginning December first, two thousand four, and ending
November thirtieth, two thousand eleven, in respect to the use of property used by the
purchaser in this County prior to December first, two thousand four.
Section 3.
This resolution shall take effect December first, two thousand nine.
Adopted: Roll Call
(Memo: Increasing the sales tax rate requires Home Rule Legislation which is a process
requiring the Board to approve three separate resolutions. On March 9, 2009, the Board
approved Resolution No. 46-09, “Requesting State Legislative Representatives to Introduce
and Seek Passage of Legislation Authorizing Allegany County to Continue the Additional One
and One-Half percent County Sales Tax for Three Years.” On April 27, 2009, the Board
approved Resolution No. 69-09, “Approval of a State Legislative Bill which Authorizes the
Extension of Allegany County’s Additional One and One-Half Percent Sales and Use Tax
until November 30, 2011; Declaring Existence of Necessity and Requesting Passage of Bill
by State Legislature.” On July 15, 2009, we received notification from Senator Catharine
Young’s office stating that Legislative Bills S3813 and A7462 passed the Senate and
Assembly and were signed into law by the Governor [Chapter 140 of the Laws of New York
2009]. The third and final step requires passage of the resolution included above. Based on
sales tax revenue receipts of $18,240,275 for 2008, the additional one and one-half percent
sales tax resulted in $6,080,092 in revenue.)
170
Legislator Kruger stated that he did not support the resolution. The Board has
received letters from the Wellsville Chamber of Commerce urging us not to support the
additional sales tax, and business owners that Mr. Kruger has spoken to are also against it.
Mr. Kruger feels that it hurts the businesses and consumers in the County. There’s an
argument that if we don’t collect the tax through sales tax, it reverts to property tax, but the
people this affects the most, the business owners, feel that consumers would shop more in
Allegany County if our sales tax was the same as surrounding counties. This could result in
even more sales tax revenue than we currently receive. Business owners would like an even
playing field with their competitors in adjoining counties.
Legislator Ungermann questioned the process of amending a resolution from 1967.
County Attorney Thomas Miner explained that was the original resolution increasing the
County’s sales tax rate. This is the process that the legal staff at the Department of Taxation
and Finance requires in order to put this into place. We go back to the original resolution and
track it every time we extend the increase for another two-year period. Mr. Ungermann
stated that he was in favor of the 1 percent additional County sales tax, but not the 1.5
percent. That extra half percent really makes a difference. We are not competitive with our
neighbors. Cattaraugus County is at 8 percent, and Allegany County (at 8.5 percent) loses
sales tax revenue because of that.
Legislator Hopkins noted that none of us is in favor of any type of tax, but when you
look back to when the extra half percent went into effect, sales tax revenue went up $2
million. You don’t really lose business; you gain revenue. If you take that half percent off,
you’re going to lose that $2 million. You might pick up a little more business, but that $2
million is a lot of money to make up. It would be equal to about 7.8 percent on your property
taxes. Mr. Hopkins also pointed out that when he was Supervisor for the Town of Hume,
there was a report generated that included the top ten property tax-paying entities in the
town, and they were all businesses. So pushing the taxes back on the property taxes does
affect the businesses. Sales tax spreads it over a larger base – non-business owners,
students, and people visiting the County – they all help pay this tax burden.
Legislator Russo agreed with Mr. Kruger and Mr. Ungermann. He noted that when
this comes up every couple years, it’s stated that if we don’t do this, property taxes will be
affected. Property taxes are already being affected every time we do this. Mr. Russo has
been contacted by business owners in the Wellsville and Andover area urging him not to
support the additional sales tax increase. In this current economic climate, prices are
increasing all the time. As the prices increase, the sales tax increases also, so consumers
are already seeing sales tax increases every day. This isn’t a fair way to raise the revenue.
There are other ways we have to look into to get this money.
Legislator Dibble commented that this is not a new tax, but the resolution keeps the
sales tax rate as it has been. Mr. Dibble also stated that he felt sales tax is a fairer way to
raise revenue than property tax.
Legislator O’Grady noted that the problem we have is that until we have a plan to
eliminate some of our overhead, which means maybe going back to some gravel County
roads and cutting services, this is the only way to deal with this. It’s easy to say that we have
to make cuts, but the reality is, when you get down to it and start cutting services, you get
complaints. It’s a no-win situation. Mr. O’Grady doesn’t like to pay the increased sales tax
any more than anyone else. If the sales tax rate is decreased, people are not going to stop
shopping in Hornell and Olean. The sales tax doesn’t have a lot to do with it. It has to do
with the services provided by those areas. Until Allegany County can compete with those
services, there’s not much choice. The increased sales tax rate is necessary at this point.
171
Legislator McCormick commented that the County collects the state sales tax,
although the one-half percent is the issue here. He suggested that in the future, it might be a
wise decision to share the revenue from the one-half percent, or the $2 million, with the
townships, based on evaluations or some other way. Taxes aren’t generated equally across
all the 29 towns. Mr. McCormick did not support the resolution.
RESOLUTION APPROVING THE PROPOSED CERTIFICATE OF INCORPORATION AND
CONSENTING TO THE FORMATION OF THE ALLEGANY COUNTY
CAPITAL RESOURCE CORPORATION
BE IT ENACTED by the Board of Legislators of Allegany County, New York, (the
“County Legislators”) as follows:
WHEREAS, on January 31, 2008, Section 854 of the General Municipal Law,
commonly referred to as the Civic Facilities Legislation (the “Law”), expired, and since the
expiration of the Law, industrial development agencies have not been able to provide
financial assistance to projects owned or operated by not-for-profit corporations (hereinafter
referred to as “Civic Facility Projects”); and
WHEREAS, the ability to finance Civic Facility Projects with tax-exempt bonds has
been a very important tool for the Allegany County Industrial Development Agency (the
“Agency”), as the Civic Facility Projects undertaken by the Agency have increased
employment opportunities for residents of Allegany County, New York and allowed local notfor-profit corporations to upgrade their facilities at the lowest possible cost; and
WHEREAS, local development corporations formed under the New York State NotFor-Profit Corporation Law (the “NFPCL”) are created to assist, among others, not-for-profit
corporations that are undertaking projects that further any of the following purposes for which
local development corporations are created: (1) relieving and reducing unemployment, (2)
promoting and providing for additional and maximum employment, (3) bettering and
maintaining job opportunities, (4) instructing or training individuals to improve or develop their
capabilities for such jobs, (5) carrying on scientific research for the purpose of aiding a
community or geographical area by attracting new industry to the community or area or by
encouraging the development of, or retention of, an industry in the community or area, and
(6) lessening the burdens of government and acting in the public interest; and
WHEREAS, in furtherance of the public purposes set forth above, a local development
corporation formed under the NFPCL is empowered to take the following actions: (1) to
construct, acquire, rehabilitate and improve for use by others industrial or manufacturing
plants in the territory in which its operations are principally to be conducted, (2) to assist
financially in such construction, acquisition, rehabilitation and improvement, to maintain such
plants for others in such territory, (3) to disseminate information and furnish advice, technical
assistance and liaison with federal, state and local authorities with respect thereto, (4) to
acquire by purchase, lease, gift, bequest, devise or otherwise real or personal property or
interests therein, (5) to borrow money and to issue negotiable bonds, notes and other
obligations therefor, and (6) to sell, lease, mortgage or otherwise dispose of or encumber any
such plants or any of its real or personal property or any interest therein upon such terms as
it may determine to be suitable; and
WHEREAS, under the laws of the State of New York, capital resource corporations
are permitted to issue tax-exempt bonds for the benefit of qualifying Civic Facility Projects;
and
172
WHEREAS, in accordance with Section 1411(a) of the NFPCL, prior to forming a
capital resource corporation, the Agency must obtain the County Legislators’ approval of the
certificate of incorporation that will be used to form the local development corporation; and
WHEREAS, the Agency has prepared a proposed certificate of incorporation for
review by the County Legislators and a copy of such proposed certificate of incorporation is
attached hereto as Schedule A; and
NOW, THEREFORE, BE IT RESOLVED by the County Legislators as follows:
Section 1.
The County Legislators authorize the Agency to form a capital resource
corporation in accordance with Section 1411 of the NFPCL; provided, however, that any
obligations issued by the local development corporation, and the premium (if any) and
interest thereon, shall be special obligations of the capital resource corporation and shall
never be a debt of the State of New York, Allegany County, New York or any political
subdivision thereof (other than the capital resource corporation), and neither the State of New
York, Allegany County, New York nor any political subdivision thereof (other than the capital
resource corporation) shall be liable thereon.
Section 2.
The County Legislators approve the form and substance of the certificate
of incorporation presented at this meeting and attached hereto as Schedule A, all in
substantially the form thereof presented to this meeting, with such changes, variations,
omissions and insertions as the Chairman of the County Legislators shall approve.
Section 3.
This Resolution shall take effect immediately.
Adopted: Roll Call
Legislator Kruger stated that in concept, a corporation like this could be beneficial for
the County, but in its present form, he could not support approval of the proposed Certificate
of Incorporation. One of the provisions in Section 16 states that amendments require the
“affirmative vote of two-thirds of the members of the Board of Directors of the Corporation
and the consent of the Chairman of the County Legislators.” Mr. Kruger felt that since the
certificate comes to the Board as a whole for approval, future changes should be considered
by the entire Board instead of just the Chairman.
Legislator Reynolds questioned if the section Mr. Kruger referred to could be
amended. County Attorney Thomas Miner responded that he wouldn’t recommend it. The
agreement was prepared by the Industrial Development Agency’s counsel and they would
need to study the ramifications of any changes. Legislator O’Grady questioned if it might be
advisable to table the matter, or if there were time sensitivity issues. Chairman Crandall
requested that IDA Director John Foels address the Board.
Industrial Development Agency Director John Foels explained that the purpose of the
Capital Resource Corporation (CRC) is to allow the Industrial Development Agency to
provide financial assistance for not-for-profit projects (hospitals, independent not-for-profit
agencies, universities, etc). One in particular that is of concern right now is the Cuba
Hospital and Assisted Living Campus. At this point, they are just waiting for the IDA. The
creation of the CRC was done by Hodgson Russ Attorneys, in concert with New York State
and the other 25 IDAs they represent, as a “Plan B” when it was discovered that the state
wouldn’t re-enact the Civil Facilities Legislation. This is being done throughout the state. The
173
five members of the IDA Board are appointed by the Board of Legislators and are responsible
to the Legislature. The CRC is a transparent organization, the same as the IDA is, and any
changes or amendments would be public information, and they would consult with the
Legislature on that. This matter was discussed in Ways and Means a couple of weeks ago,
and the document has cleared New York State, as well as several other counties in the state.
Legislator Kruger noted that every member on this IDA Board has historically worked
hard toward the success of the County; however, he took Public Authorities Accountability
Act training, and some of those instructors would question having just one person being able
to approve changes in the corporation when it took the entire Legislature to approve its
existence. Mr. Kruger stated that he is pro development in Allegany County, but he is also
pro accountability.
Mr. Foels addressed timing sensitivity questions. The Cuba project does have a
timing issue from a financial aspect, and that would be by the end of the year. Funding with a
lender is already in place, and the ability to do the not-for-profit tax-exempt bonding would
facilitate that moving forward.
Legislator Pullen noted that he could appreciate Mr. Kruger’s concern and referred to a
historical precedent when the County lost control of another not-for-profit corporation that was
intended to serve many of these same purposes. The solution appears in Sections 11 and
12 of the proposed Certificate of Incorporation, in that the Directors of the Corporation, who
are also members of the IDA Board, serve at the pleasure of the entire Legislative Board.
Section 16 pertaining to amendments is also subject to this Board having complete control
over the entity, once it is established. There will never be a time when this Board will not
have the ability to say, “the pleasure that we had in your service has ended, and you are
hereby removed.” That should be taken very seriously. Previous Boards, for whatever
reasons, failed to do that or were not alert to those possibilities; the County did lose control,
and it had significant impacts. Mr. Pullen would not support the agreement if the protection
provided by Sections 11 and 12 was not there, but he feels confident we can proceed.
Legislator Ungermann remarked that perhaps the state is trying to tell us something.
He read an excerpt from the law for the IDA, which included that “the purpose of the agency
shall be to promote, develop, encourage, and assist in the acquiring, constructing, reconstructing, improving, maintaining, equipping, and furnishing industrial, manufacturing,
warehousing, commercial, research, and recreational facilities, including industrial pollution
and control facilities, educational or cultural facilities, railroad facilities, horseracing facilities,
and continuing care retirement communities….” Mr. Ungermann questioned before the
County’s entering into a lease agreement with the IDA, and now for the IDA to borrow money
to build buildings to lease back to a government agency. People could say that government
is an industry, but it does not generate tax revenue or real estate taxes. Does this give the
IDA carte blanche to do that, or not? Mr. Foels agreed that Mr. Ungermann’s description of
an IDA was accurate, and he then referred to a conversation with Attorney Dan Spitzer after
the last Ways and Means Committee meeting when he was asked if it was legal for the IDA
to pursue this development project on behalf of the County. Mr. Spitzer’s response was that
he doesn’t allow his clients to do anything illegal. He looked at this as a development project
for seniors, and it was perfectly legal and within the realm of the IDA’s efforts.
AMENDING RESOLUTION NO. 259-06 AND RESOLUTION NO. 258-85
TO CHANGE THE EFFECTIVE DATE NEW HIRES NEED TO BE ADVISED THAT
THERE IS NO COMMITMENT TO PROVIDE RETIREE HEALTH INSURANCE
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WHEREAS, the second paragraph of Resolution No. 259-06 had directed that all new
employees hired after January 1, 2007 were to receive a letter that there is no commitment
by the County of Allegany to continue health care benefits after their retirement, and
WHEREAS, sub-paragraph (3) of section 14. H. of Resolution No. 258-85 had also
been added by Resolution No. 4-07 to provide the same notice as set forth above, and
WHEREAS, it appears that new hires entering service with Allegany County after
January 1, 2007 did not in fact receive such a letter, and
WHEREAS, it appears that these new hires were mistakenly led to believe that they
would be entitled to health care benefits upon retirement, now therefore, be it
RESOLVED:
1.
follows:
That paragraph 2. of Resolution No. 259-06 is hereby amended to read as
That all new employees hired after January 1, 2010 will receive a letter stating there is
currently no commitment by the County of Allegany to continue health care benefits
after their retirement.
2.
That sub-paragraph (3) of section 14. H. of Resolution 258-85 is also hereby
amended to read as follows.
That all new employees hired after January 1, 2010 will receive a letter stating there is
currently no commitment by the County of Allegany to continue health care benefits
after their retirement.
3.
Moved by: Mr. Hall
Adopted: Roll Call
Voting No: Kruger
Legislator Ungermann pointed out that not following through on a resolution adopted in
2006 resulted in costs of several hundreds of thousands of dollars over time for the County.
Legislator Kruger commented that this has an effect on terms and conditions of
employment regarding on-going union negotiations, and it should be subject to negotiation. It
will probably save the taxpayers money, but we’re skipping some steps along the way. There
seems to be two levels of benefit, one for labor and one for management. Everyone’s health
is as valuable as everyone else’s, and there should only be one agreement. Mr. Kruger
would not support this resolution or the next one.
Supporting documentation for Resolution Intro. No. 153-09 (Resolution Approving the
Decision Outline for Allegany County Department Heads, Non-Unit Employees, and
Legislators Health Insurance; Defining Years of Service for Purposes of Proposed Employee
Health Insurance Contributions; Authorizing Payment of Fee to NOVA Health Care to
Complete Summary Plan Description) was amended on a motion made by Legislator Hall,
seconded by Legislator Dibble and carried, to change No. 4, Confirm start date for proposals,
from October 1, 2009 to January 1, 2010.
175
RESOLUTION APPROVING THE DECISION OUTLINE FOR ALLEGANY COUNTY
DEPARTMENT HEADS, NON-UNIT EMPLOYEES AND LEGISLATORS
HEALTH INSURANCE; DEFINING YEARS OF SERVICE FOR PURPOSES OF
PROPOSED EMPLOYEE HEALTH INSURANCE CONTRIBUTIONS;
AUTHORIZING PAYMENT OF FEE TO NOVA HEALTH CARE
TO COMPLETE SUMMARY PLAN DESCRIPTION
WHEREAS, Allegany County has carefully considered a proposal from its health
insurance consultants, Manning & Napier Benefits, LLC, concerning a modification of its
existing health insurance plan as it relates to certain County employees and County officials;
and
WHEREAS, Allegany County is anxious to finalize its health insurance plan relative to
that group of employees so as to have the new plan take effect as of January 1, 2010, now,
therefore, be it
RESOLVED:
1.
Subject to modifications hereafter noted and finalization of the new health
insurance plan, the “Allegany County Department Heads, Non-Unit & Legislators Decision
Outline Updated 7/24/09” is hereby approved.
2.
That the “Contribution Strategy” set forth in the Decision Outline is clarified to
provide that for any Department Head or Non-Unit employee who decides to remain in their
current plan, contributions will be determined by their years of service calculated as of
January 1, 2010. Any service beyond that date will not result in a subsequent reduction in the
percentage contribution required. Each five-year block of service will be calculated based
upon years of service for each five-year block of service plus an additional day.
3.
That any required contributions are not fixed dollar amounts but are
percentages of the premium equivalent which shall increase as premiums increase.
4.
That the sum of $5,000 is approved for payment to NOVA Health Care to cover
the cost of completing the summary plan description for final approval.
5.
That the Chairman of this Board is authorized to execute any documents
necessary to facilitate completion of the new health insurance plan.
Moved by: Mr. Hall
Adopted: Roll Call
Voting No: Burdick, Kruger, Reynolds
Legislator Kruger noted his appreciation for the Personnel Committee’s work and that
this was a step in the right direction. He liked the stepped plan and also that the plan is
loading costs up front, with lower costs for employees with longevity. Until the plan covers
everyone, and everything is the same for everyone, he wouldn’t support it.
Legislator O’Grady stated that although the plan wasn’t perfect, he would support it.
It’s a step in the right direction. It may take five to ten years to get everyone on an even
playing field, but at least this includes everyone except collective bargaining employees.
176
Legislator Pullen noted that although there were legislators, employees, and taxpayers
with different views, the committee was able to put this compromise together. No one was
completely happy with it, and he would have liked to see some things a little stronger to shift
costs. The goal here is that we use NOVA Health Care as our third party administrator, and
the key is the authorization for NOVA to complete the plan for final approval. This resolution
is not approving a final plan, but just for the plan to be put together. Assistant County
Attorney Leslie Haggstrom volunteered, and Mr. Pullen did as well, to work with NOVA on the
legal language to assure that what we are getting is what was intended by the Board. The
final document will come back to the Board for approval.
Legislator Reynolds commented that he had mixed feelings on the issue due to the
fact that it impacts only leadership and department heads, but has little fiscal impact. It
doesn’t affect the rank and file. It would be naïve to believe that forcing the department
heads into a particular situation with their insurance will have an effect on union negotiations.
Actions similar to this resulted in the creation of a mid-management union.
Legislator Hall emphasized that there are no radical changes in costs; this is a very
moderate step. We, as a government, have to change the way we provide support for health
care, and this is a large step in that direction. We need to move ahead to get an analysis of
what people will be getting and paying to move in a direction that’s very different than in the
past. It has to occur now or it won’t.
Legislator Kruger questioned the confirmed start date on the decision outline, and
noted he didn’t understand that, if this document wasn’t the final plan. Chairman Crandall
explained that the outline attached to the resolution will drive the many pages of detailed
descriptions in the proposal that will be included in the final plan. For those needing to make
a decision, even though they won’t be looking at the full document, NOVA and Manning and
Napier will meet with affected employees for explanations. Mr. Pullen noted that NOVA
personnel will meet for local input prior to October 1, and the committee will move it forward.
Hopefully by November 1, we will have the final document and decisions can be made on
whether to stay with the existing plan or move to the newly developed plan. Mr. Reynolds
questioned if the existing plan will change, and Mr. Pullen stated that he understood that the
only change would be in the pharmaceutical becoming a managed plan.
WHEREAS, a check in the amount of $200, representing the cost to replace a
windshield on a County Sheriff’s vehicle, has been offered by NYMIR in settlement for such
RESOLVED:
1.
That an insurance payment in the amount of $200 from NYMIR, representing
the cost of replacing a windshield on a County Sheriff’s vehicle, is accepted.
2.
CS07.2680 (Risk Retention – Insurance Recovery).
Adopted: Roll Call
177
RESOLUTION INTRO. NO. 155-09 (APPROPRIATION OF GRANT FUNDS FROM
NEW YORK STATE UNDER THE FY07 PUBLIC SAFETY INTEROPERABLE
COMMUNICATIONS [PSIC] GRANT) was TABLED following a motion made by Legislator
Dibble, seconded by Legislator Reynolds and carried. Acceptance of the grant was approved
by Resolution No. 143-08 contingent on identifying a source for the $423,118.99 local County
share. County Administrator John Margeson has indicated that funds in the amount of
$200,000 were identified in the 2009 budget, and $223,119 will be available in the 2010
Budget.
TRANSFER OF FUNDS WITHIN PROBATION ACCOUNT
RESOLVED:
1.
That the sum of $400 is transferred from Account No. A3140.4 (Rentals) to
Account No. A3140.2 (Equipment).
Adopted: Roll Call
(Memo: The transfer approved by Resolution No. 145-09 was for the purchase of a new
bullet proof vest.)
TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT
TO JAIL CONTRACTUAL ACCOUNT
RESOLVED:
1.
to Account No. A3150.4 (Jail - Contractual) to finance projected medical costs for the jail for
the remainder of 2009.
Adopted: Roll Call
(Memo: The transfer approved by Resolution No. 146-09 was necessitated by increased jail
medical costs. The 2009 budget for medical is $180,000, and at current levels, expenses are
expected to reach $462,000. Medical expenses for 2008 were in excess of $240,000.
Factors related to the increase are: there was a Mercy Flight transport at over $11,000;
some inmates are receiving specialized medications, which in some instances cost over
$1,000 per month; and the local inmate population has been increasing, ranging from 52 in
January to 82 in July.)
178
TRANSFER OF FUNDS FROM BUILDINGS AND GROUNDS ACCOUNT
TO COUNTY ROAD FUND CONTRACTUAL EXPENSES ACCOUNT
RESOLVED:
1.
That the sum of $18,000 is transferred from Account No. A1620.4 (Buildings –
Contractual) to Account No. D5110.4 (Snow Removal, Maintenance Roads and Bridges –
Contractual), to cover the cost for the surface treating of County Roads.
Moved by: Mr. Hall
Adopted: Roll Call
(Memo: The funds being transferred from the Buildings and Grounds Account in Resolution
No. 147-09 were remaining from the paving of the front Courthouse parking lot.)
APPROVAL OF THE ALTERNATIVES TO INCARCERATION/
SERVICES FOR A SHARED POPULATION
CONTRACT #C070467-YEAR 3 FOR JULY 1, 2009 TO JUNE 30, 2010;
AUTHORIZING CHAIRMAN TO SIGN CONTRACT
RESOLVED:
1.
That the Alternatives to Incarceration/Services for a Shared Population Contract
#C070467-Year 3 for July 1, 2009 to June 30, 2010, is approved.
2.
That the Chairman of this Board is authorized to execute the contract.
Adopted: Roll Call
(Memo: The agreement approved by Resolution No. 148-09 provides for mental health
services for individuals on probation and/or under supervision of the Pre-Trial Release
Program. It is grant funded.)
APPROVAL OF THE INTENSIVE SUPERVISION PROGRAM (ISP)
CONTRACT #T523086 FOR JANUARY 1, 2009 TO DECEMBER 31, 2009;
RATIFYING THE CHAIRMAN’S SIGNATURE TO THE CONTRACT
RESOLVED:
1.
That the Intensive Supervision Program (ISP) Contract #T523086 for January 1,
2009 to December 31, 2009, is approved.
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2.
That the Chairman of this Board is authorized to sign said agreement and his
prior signature thereto is hereby ratified.
Adopted: Roll Call
(Memo: The agreement approved by Resolution No. 149-09 provides for supervision of
defendants who are sentenced by the Court to Intensive Supervision.)
APPROVAL OF THE PROBATION ELIGIBLE DIVERSION PROGRAM (PED)
CONTRACT #T523007 FOR JANUARY 1, 2009 TO DECEMBER 31, 2009;
RESOLVED:
1.
That the Probation Eligible Diversion Program (PED) Contract #T523007 for
January 1, 2009 to December 31, 2009, is approved.
2.
Adopted: Roll Call
(Memo: The agreement approved by Resolution No. 150-09 provides for supervision and
treatment of non-violent offenders eligible for probation who would otherwise have been
committed to the New York State Department of Corrections.)
APPROVAL OF THE ENHANCED SUPERVISION OF SEX OFFENDERS (ESSO)
CONTRACT #C523028 FOR APRIL 1, 2009 TO MARCH 31, 2010;
RESOLVED:
1.
That the Enhanced Supervision of Sex Offenders (ESSO) Contract #C523028
for April 1, 2009 to March 31, 2010, is approved.
2.
Adopted: Roll Call
(Memo: The agreement approved by Resolution No. 151-09 provides for the establishment
and operation of enhanced probation services for individuals classified as Sex Offender
Registration Act [SORA] Risk Level 2 and 3 Sex Offenders.)
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APPROVING THE 2009 RESOURCE ALLOCATION PLAN AGREEMENT
WITH OFFICE OF CHILDREN AND FAMILY SERVICES;
PROVIDING FOR APPROPRIATION OF FUNDS WHEN SUBCONTRACTS FOR
SPECIAL DELINQUENCY PREVENTION PROGRAM SERVICES ARE APPROVED
RESOLVED:
1.
That the 2009 Resource Allocation Plan agreement with Office of Children and
Family Services in relation to the State's allocation of funds to the County for providing youth
services under its Comprehensive Youth Service Plan is approved.
2.
That the Chairman of this Board is authorized to execute such Plan Agreement.
3.
That a portion of the funds to be received under such Plan agreement shall be
appropriated from time to time to cover the costs under sub-contractor service provider
agreements as may be approved by this Board.
Adopted: Roll Call
A motion was made by Legislator Reynolds, seconded by Legislator McCormick and
carried, to grant Legislator Hopkins permission to abstain from voting on Resolution Intro. No.
164-09 (Approval of 2009 Youth Development/Delinquency Prevention [YDDP] Programs
Including Municipal Youth Projects for Recreation Programs, Service Programs, and Youth
Initiative Programs).
APPROVAL OF 2009 YOUTH DEVELOPMENT/DELINQUENCY PREVENTION (YDDP)
PROGRAMS INCLUDING MUNICIPAL YOUTH PROJECTS FOR RECREATION
PROGRAMS, SERVICE PROGRAMS, AND YOUTH INITIATIVE PROGRAMS
WHEREAS, the County Youth Bureau has recommended certain municipal youth
projects for recreation programs, service programs, and youth initiative programs within the
County for 2009, now, therefore, be it
RESOLVED:
1.
That the 2009 Municipal Youth Projects for recreation are approved as follows:
Municipality
Village of Alfred
Town of Almond
Town of Amity
Village of Belmont
Town of Andover
Village of Andover
2009
Award
2,400
325
614
459
494
531
Project Municipality
R021
R051
R071
R081
R091
R010
Town of Burns
Village of Canaseraga
Town of Cuba
Village of Cuba
Town of Friendship
Town of Hume
2009
Award
Project
250
250
500
863
750
1,067
R181
R191
R231
R241
R251
R301
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Town of Angelica
Village of Angelica
Town of Belfast
Town of Bolivar
Village of Bolivar
2.
253
460
2,959
474
714
R111
R121
R131
R151
R161
Town of Independence
Town of Rushford
Town of Wellsville
Town of Wirt
Rushford Lake Project
R321
R341
R371
R411
R001
That the 2009 Municipal Youth Projects for services are approved as follows:
Agency
Program Title
Allegany Council
BOCES
Youth for Christ
Houghton College
Houghton College
Week of Alternatives
Government for Youth
Wellsville Skate Park
First STEP
Allegany Student Outreach
(STEP)
Natural Helpers
Teen Centers
A Sound Beginning
Dance/Theatre Program
Allegany Council
Youth for Christ
Village of Cuba
Town of Wellsville
3.
follows:
582
647
3,352
267
9,805
2009 Award
$3,500
2,650
2,000
2,614
4,000
2,000
3,500
2,900
2,000
That the 2009 Municipal Youth Projects for Youth Initiatives are approved as
Agency
Program Title
Allegany Arts Association
Literacy West NY, Inc.
Southern Tier Traveling Teachers,
Inc.
Allegany Co. Chapter of Red Cross
Alfred University
Summer Arts Festival
Peers Helping Peers
GED
1,700
2,700
2,880
When I’m In Charge
Children Learning Initiatives
750
1,700
2009 Award
Adopted: Roll Call
Abstained: Hopkins
carried, to grant Legislator Hopkins permission to abstain from voting on Resolution Intro. No.
165-09 (Approval of Special Delinquency Prevention Program [SDPP] Subcontract
Agreements for Calendar year 2009; Providing Program Funds).
APPROVAL OF SPECIAL DELINQUENCY PREVENTION PROGRAM (SDPP)
SUBCONTRACT AGREEMENTS FOR CALENDAR YEAR 2009;
PROVIDING PROGRAM FUNDS
RESOLVED:
1.
That the following Special Delinquency Prevention Program
Agreements for calendar year 2009, are approved and appropriated as follows:
(SDPP)
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Agreement
Amount Appropriation
Account
Revenue
Account
Allegany Council on Alcoholism and Substance
Abuse, Inc. (Prevention Education Referral)
$4,000 A7313.486
A10.3821.04
Allegany County Mental Health Association, Inc.
(Youth Compeer Program)
$4,200 A7313.488
A10.3821.07
Allegany County Employment & Training
(SYEP)
$7,987 A7318.486
A10.3822.02
Literacy West NY, Inc. (Success Tracks)
$1,000 A7318.489
A10.3820.50
Southern Tier Traveling Teacher
(Special GED Program)
$3,000 A7315.487
A10.3821.7315
Youth Court
$5,600 A7321.1
A10.3825.7321
2.
That the Chairman of the Board is authorized to execute the agreements.
Adopted: Roll Call
Abstained: Hopkins
APPROVAL OF RENEWAL AGREEMENT BETWEEN
THE NEW YORK STATE UNIFIED COURT SYSTEM AND COUNTY OF ALLEGANY
FOR COURT CLEANING AND MINOR REPAIRS
RESOLVED:
1.
That Renewal Agreement between the New York State Unified Court System
and County of Allegany, in relation to Court cleaning and minor repairs (Contract #C300235)
for the period April 1, 2009 to March 31, 2010, is approved.
2.
That the proposed budget for services to be rendered pursuant to the Contract
for the SFY 2009-2010 shall be $115,895, which shall be reimbursed to Allegany County,
New York, pursuant to the terms of said contract.
3.
Adopted: Roll Call
APPROVING SUPPLEMENTAL AGREEMENT BETWEEN COUNTY OF ALLEGANY AND
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
TO AMEND THE FUNDING OF THE TRUAX ROAD OVER DYKE CREEK PROJECT
(PIN 6753.75) LOCATED IN THE TOWN OF WELLSVILLE
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WHEREAS, the Truax Road over Dyke Creek Project (PIN 6753.75) located in the
Town of Wellsville was approved by Resolution No. 105-2005; and
WHEREAS, the project is complete and funding was previously appropriated; and
WHEREAS, it is necessary to make final adjustments for costs by increasing the
amount of Construction Phase Marchiselli funding, now, therefore, be it
RESOLVED:
1.
That the Supplemental Agreement No. 3 between the County of Allegany and
New York State Department of Transportation to amend the funding of the Truax Road over
Dyke Creek Project is approved.
2.
That the Chairman of this Board is authorized to execute the Supplemental
Agreement.
Adopted: Roll Call
(Memo: Other resolutions related to Resolution No. 156-09: Original NYS DOT funding –
Resolution No. 105-05; Supplemental Agreement No. 1 – Resolution No. 142-06;
Supplemental Agreement No. 2 – Resolution No. 30-08.)
APPROVING A BRIDGE MAINTENANCE AGREEMENT WITH THE
NEW YORK STATE DOT FOR
BRIDGE REPLACEMENT OVER NORTH BRANCH OF PHILLIPS CREEK
IN THE TOWN OF AMITY (PIN 6021.14);
AUTHORIZING CHAIRMAN TO SIGN AGREEMENT
WHEREAS, the New York State Department of Transportation has submitted to the
County of Allegany a proposed agreement by which the County of Allegany is to maintain
0.0055 centerline kilometers of a County Road (shown as part numbered 2B on the Table of
Maintenance) known as Baker Valley Road (CR-2-B) which is a portion of the BelmontPhillips Creek Part 1 project and to be designated as a portion of New York Project No.
6021.14 and said proposed agreement also provides for the County of Allegany to request
the Department of Transportation to submit the aforementioned project with the
recommendation that it be approved by the Administrator of the United States Federal
Highway Administration, and that if such project is approved and constructed by the
Department and the Administrator of the United States Federal Highway Administration, the
County of Allegany will thereafter at its own cost and expense maintain the previously
described portion of this project in a manner satisfactory to the Department of Transportation
and the Administrator of the United States Federal Highway Administration, or their
authorized representatives, and make ample provision each year for such maintenance, now,
therefore, be it
RESOLVED:
1.
That the County of Allegany shall maintain such road and guarantee the
maintenance of such road when constructed and will pay the cost of such maintenance and
will maintain the project in a manner satisfactory to the New York State Department of
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Transportation or its authorized representatives, and will make ample provision each year for
such maintenance.
2.
That the New York State Department of Transportation submit such project to
the Administrator of the United States Federal Highway Administration and recommend to
him the approval of the same for construction with funds apportioned to the State for
construction of Highways and related projects under the provisions of the Federal Highway
Acts.
3.
That this County of Allegany act through its Chairman of the Allegany County
Legislature and Clerk which are hereby authorized to act for this County of Allegany and
make and enter into agreement with the State Department of Transportation, in manner and
form and substance as herein stated and in accordance with the form of contract herein
mentioned as having been submitted to this Allegany County Legislature for action, and that
this Board furnish two certified copies of this resolution authorizing the Chairman of the
Allegany County Legislature and Clerk of this County of Allegany to execute the agreements
on behalf of the County of Allegany such Chairman of the Allegany County Legislature and
Clerk being fully authorized and directed to make and enter into agreements on behalf of the
County of Allegany in any manner and form required by the Department of Transportation, or
the Administrator of the United States Federal Highway Administration and attach the seal of
the County thereto.
4.
That the Clerk of this Board is hereby directed to transmit two (2) certified
copies of the foregoing Resolution to the State Department of Transportation.
Adopted: Roll Call
AUDITS:
A motion was made by Legislator Reynolds, seconded by Legislator Pullen and
$964,960.10 including prepaid expenses, be approved for payment as recommended by the
County Administrator (Opposed: Kruger, Ungermann). (Allegany County’s Local Dollar
Share of the NYS Medicaid Program paid year-to-date is $5,309,005.) Legislator Kruger
objected to funds being spent on the Court Facilities Project, as he disagrees on the direction
the Board is taking.
COMMENTS:
Legislator Ungermann requested privilege of the floor for the September 14 meeting.
Legislator Kruger noted that he admires and approves of the program where we have
veterans come in to lead in the Pledge of Allegiance to the Flag at our Board meetings, but is
upset that while we honor our veterans for their sacrifices to protect our rights, there have
also been some people who have requested privilege of the floor that have been denied their
right to speak because they oppose the majority opinion of the Board.
Reynolds, seconded by Legislator Kruger and carried.
--------
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BOARD OF LEGISLATORS SESSION MINUTES, SEPTEMBER 14, 2009
REGULAR SESSION - SEPTEMBER 14, 2009
United States Army Air Corps Sergeant Gerald B. Jones.
ROLL CALL: 14 Present; 1 Absent (Legislator Truax).
The Board meeting minutes of August 24, 2009 were approved on a motion made by
Chairman Crandall presented a certificate to Gerald B. Jones, former United States
Army Air Corps Sergeant, in grateful appreciation of his service to our Country. Mr. Jones’
service dates were from November 1942 to November 1945. Following Basic Training in
Saint Petersburg, Florida, Mr. Jones was assigned to Natal Brazil in the Personnel and
Treasurer’s Offices, Division Headquarters in the Intelligence Unit, and the Romulus Air Base
in Personnel. Commendations he received included: American Campaign Medal, four
Overseas Service Bars, Good Conduct Medal, World War II Victory Medal, and NYS Medal
for Merit. Mr. Jones led the Pledge of Allegiance to the Flag at the beginning of the meeting
as part of the Veterans’ Honorary Pledge of Allegiance Program.
Legislator Norman G. Ungermann, Jr. read a prepared statement regarding the Court
Facilities Informational Package distributed at the August 24 meeting:
“Mr. Chairman, thank you for privilege of the floor. Chairman Crandall is correct that the
public needs information and facts. The public has become wary since the debate and
subsequent construction of a new jail, and who can blame them? With the Courthouse issue,
there was discussion to have periodic public meetings. After all, it is the public’s tax dollar we
are spending. What the public got for information was a folded one-page handout, so I’m
very glad to see this book put together. Although I feel that numerous pertinent pieces are
missing, I commend the staff and Chairman for putting it together. In a moment, I will make
some comments on each of the sections of the book.
For me and seven other newly-elected legislators who began our terms on January 1, 2006,
this Courthouse odyssey began in June of 2006 when William Clark, Chief Counsel for the
OCA, spoke before the Legislature. Some of you remember me standing up with my pockets
turned inside out and exclaiming that the taxpayer in Allegany County is broke. Cost
estimates at that time were hovering between $20 and $25 million, and we had just built a
new jail. After that meeting, we took a tour of our Court facilities. Although some of the
reasons seemed trite, I remembered sitting in the hall waiting for our time in Court. A visiting
Judge was using a coat closet for an office, and boxes containing Court records were stacked
everywhere. Then, the unthinkable happened: I CHANGED MY MIND. I know that must be
hard for many of you to understand, but I did it.
Next, I did what I believe every good legislator is supposed to do: I put my thinking cap on.
How can we help out the Courts as well as all the other County departments that need
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space? I talked to Judges, Court staff, department heads, engineers and architects, and
large contractors that I had previously worked with. I subsequently developed a three-part
plan that could be done all at once or over a fifteen-year period if need be, depending on
what was affordable.
Part 1 was to give the Courts immediate relief by using the old jail – estimated cost to
renovate was $3.2 to $4 million.
Part 2 was to move all departments related to social programs, such as the Health
Department, Department of Social Services, Office for the Aging, and Veterans’ Service
Agency, to the former Belmont school. According to a $30,000 study by MRB Associates,
there was a total of 200 parking spaces and 90,000 square feet of space including
approximately 56,000 square feet in the latest addition built in 1990 – for a renovation cost of
$6 million.
Part 3 was to come back and renovate the existing Courthouse and give the Courts additional
space by using the vacated space from moving the departments to the old school – this
renovation work was estimated at $4 million.
Total cost of the three-part plan was $13 to $14 million before any negotiations on what we
needed or didn’t need – some $10 million less than the numbers flying around at the time.
On December 26, 2006, I proposed Part 1 of this plan at a Committee of the Whole meeting.
Mr. Kruger and I taped structural drawings and floor plans to the podium behind me and I
made my pitch. Some legislators were very interested, some openly laughed and rolled their
eyes back in their heads saying it would never happen, and others sat stone-faced. One
legislator made the statement, ‘Mr. Ungermann is not an engineer; we should not listen to
him.’
It should be noted that in the March 6, 2007 minutes, Mr. Isenberg stated that ‘the OCA is
willing to work with the leadership of the County (Hall, Crandall, and Margeson) on reviewing
any proposal that may come forward from the County leadership.’ Perhaps this is a good
argument for reducing the size of the Legislature; then everyone could be considered
leadership. In all fairness to Mr. Isenberg, it is his job to get the very best he can for the
OCA.
Let’s now get back to the fact book, and start with the question and answer page. I believe it
should be expanded. A lot of people have asked the following questions, and they deserve to
be answered:




Is parking replacement for the new addition included in the $13.8 million?
The committee is called the Court Facilities and County Space Needs Committee. Are
the other space needs of the Department of Social Services, County Historian, Office
for the Aging, Veterans, and Board of Elections included in the $13.8 million?
Is renovation of the old jail included in the $13.8 million?
Is relocation of the maintenance building included in the $13.8 million?
In the Resolutions section, the authorization to purchase two houses on Court Street and the
subsequent negative impact declarations should be included.
In the Correspondence section, I was pleased to see the letters from Teeters and
VanderHorst with regards to the proximity to the river. We have received another engineer’s
letter of concern since, and the DEC letter dated June 29, 2009 citing concerns with
closeness to the river as well as possible segmentation of the project should be included. A
June 15, 2007 letter from Mr. Isenberg listed the deficiencies for the first time in writing. He
complained about ceiling height, oversized columns (similar to the one here in the Legislative
Chambers, which could be trimmed to the size of the ones in front of our windows),
187
fragmentation, and disjointed services. I answered his concerns and ended my letter with the
following paragraph:
‘I have again enclosed a letter from the State Comptroller’s Office for your review,
which states they will withhold certain state aid payments if taxes levied are in excess
of its tax limit. It is a warning letter due to the fact that we are at 94 percent of our tax
limit. Allegany County is between a rock and a hard place. None of us would enjoy
the publicity of forcing the County into bankruptcy. I sincerely hope the Comptroller,
the OCA, and Allegany County can work together to solve this problem. Is the plan I
put forth perfect? Certainly not, but it is possible and practical, and there is public
support for it.’
That response should be included, along with copies of the letters from Empire Cheese of
Cuba, the owners of River Walk in Wellsville, as well as a letter from our own AFSCME Union
stating their support for a project much smaller in size.
Perhaps there should be another section called ‘General Information,’ which should include a
letter to all legislators from former County Attorney Daniel Guiney, spelling out the rules of
Section 39a of the Judiciary Law in laymen’s terms. There should also be included a copy of
the November 27, 2007 letter from the State Comptroller stating we were at 94 percent of our
constitutional taxing limit for 2006 and at 91 percent for 2007, and warning us of possible
consequences should we go over that limit.
In 1995, the Comptroller did an audit of the OCA activities concerning court expansions. In
part, it states:
‘The Act establishes a procedure to be followed if a locality does not develop an
acceptable plan. If a plan is not approved, the locality and the Court Facilities Capital
Review Board may enter mediation in an attempt to reach a settlement that produces
a plan that is satisfactory to all parties. If such an effort fails, OCA may direct the State
Comptroller’s Office to withhold state aid payments to the locality in an amount equal
to the cost of necessary renovations to the court facilities. OCA cannot spend this
money on renovations, but can only have it withheld as a punitive measure until the
locality produces an acceptable plan. In addition, since the program was initiated,
local government officials that started the process may have changed during
subsequent elections. New officials may not agree with the approach of prior officials
and may be unwilling to proceed. In a prime example, the City of Glen Cove, with a
final Board approved capital plan in place, started construction of a new court facility to
replace an existing inadequate facility. OCA officials stated that approximately $4.5
million of a total estimated cost of $9.3 million had been spent when a new city
administration put the project on hold for reevaluation. OCA officials now state that an
entirely new plan, at a different site, has been submitted to and approved by the
Board. Other local officials have also stated that they cannot afford the costs of these
multi-million dollar projects due to local fiscal constraints. The Act does require the
Board to consider a locality’s fiscal capacity before approving its capital plan. The Act
states that ‘the Board shall consider, in approving or disapproving a capital plan for
each political subdivision … such political subdivision’s fiscal capacity, including but
not limited to total taxes raised, total income generated, existing municipal debt, and
overall capital needs.’ However, the Act did not establish guidelines for the Board or
OCA to use when assessing a locality’s fiscal capacity. OCA officials assume that
localities can afford the capital plans they submit. OCA officials have stated their
reviews of a locality’s fiscal capacity only come into play if the proposed plan does not
fully meet the needs of the court. OCA then conducts a fiscal review and works with
the locality to develop a capital plan that is affordable and acceptable to the locality,
OCA, and the Board … the only penalty that OCA may assess on localities for not
complying with the Act is to withhold state aid payments. This penalty may be too
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severe and difficult to impose as it could have a significant effect on local services and
finances. Our audit raises issues for further consideration by officials from OCA, the
Board, local government, and the State Legislature in order to ensure localities meet
their responsibilities to provide adequate court facilities in a timely manner.’
The first few pages of Part 34, Rules of the Chief Judge – Guidelines for New York State
Court Facilities, which deals with buildings, safety, and security, should be included. A copy
of the County Law, which says that a public referendum is required before the Courts can be
moved outside of the Village of Belmont, should have also been included. It was one
legislator’s opinion that using the old jail would be problematic, not necessarily the OCA’s
opinion. Remember, Mr. Isenberg works for the OCA. He’s trying to get the best deal for the
OCA. Judge Brown stated that, throughout the Court Facilities exploration process, he felt he
spoke for both Judges in that their needs are simple and they are adaptable. To satisfy them,
they need more space, alleviation of their storage problems, and a solution to the current
need to hold attorneys’ meetings in Judges’ Chambers. They have no agenda in the matter
and realize it’s up to the Legislature on the option to be chosen. They will live with that
choice and be involved in the refinement process. The decision is a difficult one to make and
it’s a balancing act between the taxpayers’ cost concerns and state mandates.
Our staff has done an excellent job in providing minutes … the story is truly in them. Now
about the Minutes section of the black binder. In the October 3, 2006 Ad Hoc Committee
minutes, Ed Rodman, OCA’s Chief Architect, said that building an addition would not be
perfect either. That is interesting. Again, I would like to see the December 26, 2006 minutes
included, and the January 7 and February 26, 2007 Court Facilities minutes. There were no
minutes made for the July 27, 2007 trip to New York City, only a teleconference call that
worked only part of the time. Please note that there is no immediate letter of rejection from
the OCA after that NYC trip. The letter of rejection did not come until December of 2007. I’d
ask all of you to read the minutes of the August 14 Court Facilities meeting very carefully.
Many other things could have been included. Instead of all the A1A documents, perhaps the
other proposal to provide design services should be included, along with their floor plans. It’s
clear to many that they were confident an alternate plan would be acceptable; however, the
committee would not allow them to even make a presentation to the full Board. Chairman
Crandall is correct in his observation that much has been editorialized with incorrect
information. In one editorial by a legislator, and several by the public, we have gone from a
one-time sanction of $14 million to $14 million per year. In reality, $14 million is only an
estimate because we have never gone through the mediation process. Another editorial,
again by a legislator, stated that the existing Courthouse is 15 feet from the riverbank and it’s
just fine. In reality, it is 18 feet from the fence, which is 21 feet from the riverbank, for a total
of 39 feet according to my tape measure, and we have no way of knowing how much the
riverbank has eroded since 1936. We have heard numerous times about the City of Newburg
being sanctioned. I spoke with Nick Valentine, Mayor of Newburg. He never recalls any
money being withheld. OCA wanted a new building, the public was up in arms over it, and
they settled on using a vacant 100-year-old high school building. It has revitalized his
downtown area with a senior center in part of it, and has attracted other businesses.
I have compiled a folder with most of the documents I have described. I ask that it is copied
and sent to all who received the Allegany County Court Facilities Informational Package on
August 24 as an addendum, resulting in a more complete and true history of the events
surrounding this Courthouse project. Yes, Mr. Chairman, I deal with plans and facts every
day. Again, thank you for privilege of the floor.”
Public Health Director Lori Ballengee addressed the Board regarding Allegany County
Cancer Services and gave an update on the Allegany County’s cancer profile for 2009. The
annual incident rate has increased for the 2002-2006 period by 11.3 percent from the 19921996 period, but the annual mortality rate has decreased by 17.9 percent for the same
189
period. Statistics were given for the four major types of cancer (lung, prostate, breast, and
colorectal) that represent 55.4 percent of all new cancer cases and 52.2 percent of all new
cancer deaths in the County. Mrs. Ballengee noted that we’re still extremely high in lung
cancer deaths, and the department is working vigilantly with the smoking cessation program.
Allegany County Cancer Services has been in existence for about four years to offer
assistance, resources, and emotional and spiritual support for County residents. Eighty-nine
clients have been served within the past thirty months, and $22,177.93 has been given out in
support throughout the County. Mrs. Ballengee explained the application process and also
noted that the group is looking for board members. An upcoming fundraiser was announced:
a “200 Club” event will be held at the American Legion in Wellsville on September 19.
On behalf of the Board of Legislators, Chairman Crandall presented a check to Lori
Ballengee for Allegany County Cancer Services in appreciation for what the group
accomplishes. Every dollar is spent in the County, with no administrative fees. (The
donation was drawn from the Legislators’ Flower Fund, not taxpayers’ dollars.)
Soil & Water Conservation District Executive Director Gretchen Gary spoke about
RC&D Week. The Seneca Trail Resource Conservation and Development Council is a
partnership between the federal government and a non-profit organization led by local
community leaders and serves the citizens of Allegany, Cattaraugus, Chautauqua,
Livingston, and Wyoming Counties and the Seneca Nation of Indians. Its main objective is to
address community concerns in the areas of land conservation, water management, rural
community development, and land management. Soil and Water Conservation Districts are
one of the main driving forces for project proposals that are in line with the goals and
objectives of the Council, and the Council also looks to County agencies and residents to
make them aware of community needs in the four areas mentioned earlier. Projects can
consist of technical assistance as well as funding. The mission of the Seneca Trail RC&D is
to provide the leadership required to develop and implement these projects to protect the
environment, provide economic development, create jobs, improve the standard of living, and
to enrich the lives of residents through conservation development and the wise use of human
and natural resources. Ms. Gary encouraged people to learn more about the Seneca Trail
Resource Conservation and Development Council and to help celebrate RC&D Week during
the week of September 20.
David A. Howe Library Director Brian Hildreth spoke about Library Card Sign-Up
Month, which is the month of September. Mr. Hildreth noted that he usually quotes statistics
on the number of people using the 17 libraries in the County, but this year he highlighted
some of the benefits of our public libraries that are sometimes taken for granted. He read a
letter sent to him in 2007 by a patron expressing his thanks for the services offered by the
library. This particular patron was allowed to volunteer in the library while in outpatient
treatment for alcohol dependence and also took GED classes in the basement of the library.
At the time of the letter, he was preparing to attend Jamestown Community College and
looking forward to starting a business. Mr. Hildreth commented that he receives many letters
like this every year in appreciation for the library’s services. Fifty-two percent of County
residents already own library cards.
1.
month of August 2009.
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1.
pursuant to Article 11 of the Real Property Tax Law for properties located in the Towns of
Clarksville and New Hudson in the Clerk of the Board’s Office on September 9, 2009.
2.
Correspondence from Lanny Sweet on behalf of the Allegany County Citizens
for Responsible Government urging the Board to rescind the Resolution approving the
Courthouse Project, along with Chairman Crandall’s response to that letter. Chairman
Crandall noted that these letters were distributed to all of the legislators, and given the
importance of this correspondence, and in light of all the conversations and press regarding
the issue, he read the letters aloud.
Lanny Sweet’s letter, dated August 9, 2009:
“I am writing on behalf of Allegany County Citizens for Responsible Government. We urge
you to rescind the resolution approving the Courthouse project.
We believe it is possible to convince the OCA to approve the alternate plan proposed by
Legislators Kruger and Ungermann. Our tax burden is already too high. We cannot in good
conscience spend ten million dollars, or more, if it can be avoided.
We ask you to stand with us to fight unfair and ruinous state mandates.”
Chairman Crandall’s response to Lanny Sweet, dated September 2, 2009:
“I am writing in response to your letter dated August 9 that I received on August 21, which
you wrote on behalf of Allegany County Citizens for Responsible Government. In your letter,
you urge the Board of Legislators to rescind the resolution approving the Courthouse Project.
Over the past several years, there have been numerous resolutions which the Board has
considered and passed regarding Allegany County’s compliance with the Court Facilities Act
of 1987. I believe that the specific resolution you are referring to may be Resolution No. 509, dated January 12, 2009 - A Resolution Authorizing the Construction of a New Court
Facility and Improvements to the Existing Court Facility Space in and for the County of
Allegany, New York, at a Maximum Estimated Cost of $13,787,000 and Authorizing the
Issuance of $13,787,000 Bonds of Said County to Pay the Cost Thereof. This resolution was
a time-sensitive resolution passed shortly before the New York State Unified Court System
proceeded with the sanction process against Allegany County. This resolution was done as
part of a Capital Plan, which was submitted to the Office of Court Administration, outlining the
project to address the deficiencies in our Court System along with a timetable and
benchmarks for completion.
In your letter, you say, “We believe it is possible to convince the OCA to approve the
alternate plan proposed by Legislators Kruger and Ungermann.” As the alternate plan, I
assume you are talking about using the old jail space on the third floor of the County Office
Building, which has been referred to as the Ungermann Plan. Numerous plans and
proposals were looked at and discussed by the Court Facilities Committee over the past
several years. The plan you refer to was reviewed by the Office of Court Administration who
determined that this plan did not properly address the needs of our Court System. At the
direction of the Board, I wrote a letter on December 3, 2008, to Chief Administrative Judge
Pfau regarding the Allegany County Court Facilities Capital Plan. In this letter, I asked
whether in light of the recent downturn in the ‘state, local, and national economy’ would they
reverse their rejection of the proposal to provide additional space for the Courts by renovating
the former County Jail, and reconsider the Jail Proposal as the formal Allegany County Court
Plan. The Unified Court System responded to my letter on December 18, 2008. In this letter,
part of their response is as follows:
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‘The answer is no. As previously explained, the Jail Proposal fails to meet the needs
of the Courts, and would cause numerous deficiencies and inefficiencies. Some of
these design defects could be cured only by operational stopgaps, such as by
assigning additional officers to address the security flaws inherent in the Jail proposal,
with the result that taxpayers would incur substantial and permanent increases in
operating expenses to achieve only a short-term savings in construction costs.’ This
letter also goes on to say, ‘No circumstances have changed that warrant
reconsideration of our decision. The County has a long history of delay in providing
decent Court facilities. Having failed to meet this statutory obligation through various
economic cycles over a number of years, the County cannot rely on the latest
economic conditions to justify yet another delay, or to make an unacceptable proposal
worthy of approval.’
By looking at these and other correspondence, you will see that much effort has been given
to come up with a plan that is not just acceptable to the Office of Court Administration and the
New York State Unified Court System, but time has been spent to keep the cost of
compliance minimal and practical. The square footage needed for the Courts has been
negotiated down, and the original estimated cost has been reduced from over $20 million to
$13,787,000, which includes costs beyond the actual estimated Court construction cost of
$11 million.
You also make a statement in your letter, ‘We cannot in good conscience spend $10 million,
or more, if it can be avoided.’ To this I would agree; however, the delay of Allegany County in
dealing with the Court Facilities Act has led us to a point where we can no longer avoid
addressing this problem. As far as the cost of the Jail Proposal, compared to the accepted
Court Facilities Plan, I would like to point out that in the Court Facilities and County Space
Needs Committee minutes dated September 24, 2007, Legislator Ungermann stated that his
proposal includes three projects: $7 million to renovate the former jail space for the Courts to
comply with OCA, $6 million to utilize the old Belmont school for displaced departments, and
$7 million to renovate existing vacated Courthouse and County Office Building spaces. If the
cost of remodeling the old school is taken out of this equation, the cost of the Ungermann
Plan is $14 million, a cost that is comparable to the proposal we are working on.
Your last sentence asks that we stand with you to fight unfair and ruinous state mandates.
This Board and previous Boards have done exactly that. Our involvement with our state
elected officials, organizations such as InterCounty Association of Western New York, New
York State Association of Counties (NYSAC), and numerous resolutions asking that NYS
stop placing unfunded mandates, not only upon our County, but also our towns and villages,
is a position our Board of Legislators has taken for a long time. I agree that these unfunded
mandates indeed can be ruinous to local government. This particular issue of having to
comply with a law from 1987, in my opinion, would be futile at this point in time to try and
reverse. Allegany County is the last county in New York State to address this issue, and a
change in this state law would have needed to occur many years ago, with the counties that
have already addressed it at our side.
I personally handed a copy of our Allegany County Court Facilities Informational Package to
your group’s attorney, Mr. Ross Scott, on August 24, and I am enclosing a CD with the same
information for your convenience. We are also making available thousands of pages of other
documents, which you are welcome to look at in the Clerk of the Board’s Office. I want to
thank you for the opportunity to answer these questions and point to some facts and
information that you and your group were not aware of. I believe that by having the
information on the Court Facilities Project for Allegany County organized, easily accessible,
and available in several formats such as hard copy at the Town and Village Clerks’ Offices
and Libraries, online at www.alleganyco.com, and on CD, the members of your organization
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and the general public can be better informed and can understand the work that has and is
being done to comply with the Laws of New York.
I appreciate you contacting me regarding this matter, and I look forward to discussing this
with you in more depth at any time.”
3.
Correspondence from Senator Catharine Young confirming receipt and support
of Allegany County Resolution No. 118-09 in opposition of Senate Bill 2247 which the
Senator believes would result in disastrous consequences for farmers, and do immeasurable
damage to our economy. A news column wherein Senator Young voiced her opposition to
Senate Bills 2247 and 5212 was also enclosed.
4.
Correspondence from Senator Catharine Young confirming receipt of Allegany
County Resolution No. 97-09 along with a copy of her letter to US Energy Secretary Steven
Chu and NYSERDA President Frank Murray regarding the cleanup at the West Valley
nuclear waste site.
5.
A packet of information from the Allegany/Western Steuben Rural Health
Network inviting Legislators to participate in several free or low-cost educational programs
and networking opportunities.
6.
A copy of the Pennsylvania General Energy Company’s Notice of Intent to
construct a natural gas pipeline to serve the EF Dean Inc. gas well in the Town of Willing.
7.
Correspondence from former Public Works Superintendent Richard Young and
family thanking the Board for the flowers sent for the funeral of Mary “Roxie” Young. Mrs.
Young worked in the County’s Social Services Department for many years.
8.
Town of Pike Notice of Public Hearing on Monday, September 14, at 8 p.m.
regarding the proposed amendments to the Town of Pike Zoning Law and official Zone Map
due to the dissolution of the Village of Pike, effective December 31, 2009.
9.
Southern Tier West Regional Planning and Development Board News Release
and Minutes for their August 20 Board meeting and Notice of Meeting for September 17,
2009.
10.
Correspondence from the Allegany County Area Foundation inviting Legislators
to attend the annual meeting of the Foundation at the Crossroads Conference Center from
6:15 p.m. to 8:00 p.m. on September 22, 2009.
11.
Correspondence from the ACCORD Corporation inviting Legislators to attend
the ACCESS Center Ribbon Cutting Ceremony at their Belmont location on Thursday,
September 17, at 9:30 a.m. Please let the Clerk of the Board know if you plan to attend this
event.
12.
Correspondence from the Alfred State College SUNY College of Technology
inviting Legislators to attend the 4th Annual Taste of Wellsville and Alumni Barbecue on
Saturday, October 10, 2009.
13.
Correspondence from ACCORD Corporation Business & Community
Development Director Gretchen Hanchett notifying the Board that ACCORD Corporation’s
Allegany Business Center was recently named the top EAP (Entrepreneurial Assistance
Program) Center in New York State.
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14.
Correspondence from Southern Tier West inviting Legislators to attend a
retirement dinner for Executive Director Donald Rychnowski on December 10 at the Premier
Banquet Center in Olean. A formal announcement with reservation information will follow.
15.
Announcement of a special meeting of the Court Facilities and County Space
Needs Committee on September 28 at 12 p.m.
PROCLAMATIONS:
Chairman Crandall proclaimed the week of September 20, 2009 as RC&D Week in
Allegany County in recognition of the efforts of the Seneca Trail Resource Conservation and
Development Council in offering technical and financial assistance for projects involving land
conservation, water management, rural community development, and land management.
Chairman Crandall proclaimed the month of September 2009 as Library Card Sign-up
Month in Allegany County and encouraged everyone to sign up for the smartest card.
Chairman Crandall proclaimed the month of September 2009 as Youth Court Month in
Allegany County in recognition of the valuable contributions that youth courts and their
volunteers, adult and youth, make to keep our communities safe.
RESOLUTIONS:
Resolution Intro. No. 155-09 (Appropriation of Grant Funds from New York State under
the FY07 Public Safety Interoperable Communications [PSIC] Grant), originally tabled on
August 24, 2009, was removed from the table following a motion made by Legislator Dibble,
seconded by Legislator Reynolds and carried.
APPROPRIATION OF GRANT FUNDS FROM NEW YORK STATE UNDER THE
FY07 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT
WHEREAS, the County of Allegany accepted grant funds from New York State under
the FY07 Public Safety Interoperable Communications (PSIC) Grant Program by Resolution
No. 143-08, contingent on identifying a source of local County share; and
WHEREAS, matching County funds in the amount of $423,118.99 have been
appropriated or identified as follows: $200,000 local share appropriated in the 2009 Budget
under Account No. A3645.217, and the balance of $223,119 local share proposed to be
appropriated in the yet to be adopted 2010 Budget, under Account No. A3645.217; now,
therefore, be it
RESOLVED:
1.
That PSIC grant funds in the amount of $1,700,475.96 are hereby accepted and
appropriated to Account No. A3645.217 (Homeland Security – Equipment) with a like amount
placed in Revenue Account No. A10.3306.SHF7 (State Aid Homeland Security – Sheriff).
Adopted: Roll Call
Comments made regarding Resolution No. 158-09 included: Legislator O’Grady requested
the minutes reflect that discussion at the Public Safety Committee meeting indicated there
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would be no more financial obligation for the County other than the $423,118.99 local share
match. That fulfills our obligation.
A RESOLUTION AUTHORIZING SEELER ENGINEERING TO PERFORM A
FEASIBILITY STUDY ON THE PROJECT LABOR AGREEMENT RELATIVE TO THE
COURT FACILITIES PROJECT
WHEREAS, New York State statute requires a feasibility study be done before the
Project Labor Agreement can be approved, and
WHEREAS, three different options for this study were reviewed by the Court Facilities
and County Space Needs Committee, and
WHEREAS, this Board, on the recommendation of the Court Facilities and County
Space Needs Committee, approves the independent study of Seeler Engineering, now,
therefore, be it
RESOLVED:
1.
That this Board authorizes the retention of Seeler Engineering to perform a
feasibility study on the Project Labor Agreement relative to the Court Facilities Project with
the condition that their report must be submitted to the County by September 23, 2009.
2.
That the cost for this feasibility study shall not exceed $12,000.
Adopted: Roll Call
Voting No: Kruger, Ungermann
(Memo: The feasibility study authorized by Resolution No. 159-09 will generate a Project
Labor Agreement Benefit Analysis, a written report intended to illustrate whether the
existence of a PLA for a public capital construction project will result in financial savings to
the project owner.)
Legislator Kruger did not support the resolution, and he questioned if the $12,000 was over
and above the $5,000 discussed in a prior Court Facilities meeting for total of $17,000, noting
that any potential savings related to the PLA are going to engineers and attorneys. Mr.
Kruger also made reference to the many conversations and correspondence he has had,
including from people at A.L. Blades and also the electricians’ labor union, all advising that
this isn’t the type of project where you will see much in savings from a PLA. Seeler
Engineering’s report could indicate there will be savings, and we’ll have no way of knowing.
There will be no savings on labor due to prevailing wage, and if not there, where would the
savings be? If someone could show him the savings, he’d be all for it.
Legislator Ungermann noted that the County has a contract with Hodgson Russ for $15,000,
LaBella for $5,000, and now this $12,000. That totals $32,000 so far for a Project Labor
Agreement that will be locking out about forty percent of the competition. There’s no
guarantee of savings. Contractors and labor unions have said PLAs are foolish on a project
of this size. Mr. Ungermann remarked that he has spoken with several non-union contractors
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in the area who won’t touch it. If someone could show him where savings will amount to
$500,000 to $1 million, he might be convinced, but he felt it was a waste of money.
Legislator Pullen responded that Hodgson Russ was authorized to draft the Project Labor
Agreement, and it was approved by the Court Facilities Committee today. This resolution is
for a feasibility study that is required by the state labor laws to analyze likely advantages of
doing a PLA. The County does not have a separate contract with LaBella Associates for
$5,000 to work on the feasibility study as referred to by Legislators Kruger and Ungermann.
The $12,000 for Seeler’s study was instead of the $5,000 that was discussed earlier, and it
will be the only expense for the feasibility study. Mr. Pullen noted that Hodgson Russ could
have done the study for less, but they are a law firm, not an engineering firm, and it would
have addressed only general advantages. Seeler has done many of these studies, and they
have been well received and found to be generally accurate. Savings that can be achieved
will be determined by looking at the specific details of our agreement on issues such as the
use of apprentices, flexible work hours, and varying shifts with no premium pay, which will be
significant. The largest single area of savings will be the waiver of the Wicks Law, which can
only be achieved if there is a PLA. The state has estimated typical savings at 10 to 30
percent. We could see between $1.2 and $3.6 million in savings from the LaBella estimates.
An investment of $12,000 is appropriate to get this independent report, based on the
engineer’s professional expertise, on whether or not there will be any savings. Prior to
starting this process and seeing the recent change in state legislation, he wouldn’t have
supported a PLA, but this appears to be an extremely favorable agreement. The unions have
been very open to it. Although there is potential for a reduction in competition, the market is
favorable. The potential savings are too significant to ignore. In response to a comment
made by Mr. Kruger, Mr. Pullen noted that the electricians’ labor union is a signatory to this
agreement. The president of the trade council has indicated that all trade unions appear to
be on board and supportive.
Legislator Reynolds questioned that since the PLA was already written, if we were simply
having someone else check it out. Mr. Pullen replied that the purpose of the study is to
estimate the likely savings due to specific terms of our PLA. Then the Board can vote on it.
Chairman Crandall noted that a study of this sort is required for PLAs under the new law, but
can be done in varying degrees. The cheaper option would have dealt with general
percentages based on historical Project Labor Agreement data. This feasibility study will be
more detailed, will be specific to our agreement and our County, and is being done by an
independent firm.
Legislator Dibble commented that he supports the study, but would vote against the PLA
based on the information he’s received so far.
Legislator Hopkins stated that if we vote against the feasibility study today, we are actually
voting against the PLA without having the information on savings. He’d like to have that
before seeing the PLA voted down.
Legislator Kruger questioned if the study involves the other aspects of the project such as the
properties acquired for parking, widening of the access road, or stream bank remediation.
Chairman Crandall replied that the study will address the addition and renovations.
RESOLUTION OPPOSING THE CLOSURE OF THE
NYS DEC FORESTRY OFFICE LOCATED AT THE FARM SERVICE CENTER IN
BELMONT, NEW YORK
196
WHEREAS, the New York State Department of Environmental Conservation (NYS
DEC) has announced the closing of the Belmont NYS DEC Forestry Office on September 30,
2009 as a cost savings measure for the State, and
WHEREAS, the yearly “rent” including utilities, parking, maintenance, janitorial
services, and snow plowing is $11,300 per year, and
WHEREAS, that office manages the State forests in Allegany County with an
estimated value between 125 and 150 million dollars; and forestry product sales from these
forests, which are exempt from County taxes, have contributed in excess of $325,000 per
year to the New York State treasury over the last ten years, and
WHEREAS, the County of Allegany has 46,426 acres of NYS DEC forest land, several
thousand acres of NYS DEC wildlife management areas, a few thousand acres of County
forest land, and thousands of acres of private forest that are timber tracts and wood lots. The
County is largely rural, has no cities, and relies heavily on its natural resources which need
proper management, and
WHEREAS, the present NYS DEC field office manages thirty-three (33) miles of the
Genesee Valley Greenway in Region 9. It is expected that this office will also manage the
nine (9) mile Wag/River Trail in Allegany County once acquisition is complete, and
WHEREAS, Allegany County is a sparsely populated rural county that relies heavily on
the proper management of its natural resources to support its local economy and quality of
life, and
WHEREAS, the present Forestry Office is located in the center of the County in a
“one-stop shop” along with the three other natural resource agencies (USDA Farm Service
Agency, USDA Natural Resource Conservation Service, and the Allegany County Soil and
Water Conservation District). The staff of both the Soil and Water Conservation District and
the USDA meets the general public as they enter the Natural Resources building, answers
questions, and directs persons to the proper agency or agencies. If individuals have
questions for the NYS DEC and both foresters are out in the field, staff take down their name,
address and phone numbers and relay this information to the foresters when they return, and
WHEREAS, the Cornell Cooperative Extension center is located next door, and many
government employees and members of the public walk between the offices to gather
information on forestry questions and problems, or to seek advice on how to manage
resources, and
WHEREAS, the NYS DEC Forestry Belmont Office staff works as a team with the
other agencies within the Ag Service Center: USDA Farm Service Agency, USDA Natural
Resource Conservation Service, and the Allegany County Soil & Water Conservation District,
as well as the Cornell Cooperative Extension office located next door. Staff are readily able
to share expertise on a variety of projects and programs. Agencies share materials back and
forth, such as aerial photos and soil maps, and office tools such as a copy machine, fax
machine and digitizer. Agencies also share a common area for meetings/conferences, as
well as a kitchen/lunchroom facility, and
WHEREAS, the sharing of information by the four (4) agencies and their close location
to one another permits the public to visit several such agencies in one visit, provides the
public with ready referral to the appropriate services each may offer, and provides the
government, businesses and members of the public efficient access to critical advice and
information, and
197
WHEREAS, the NYS DEC Forestry Belmont Office is in close proximity to other
Allegany County offices in the County seat of Belmont, NY. This enables the NYS DEC staff,
who regularly visit the County Office Building, cost savings and a very efficient way to visit the
County Clerk’s Office, Tax Map Office, and County Treasurer’s Office to obtain information on
various proposed Open Space acquisition parcels, and
WHEREAS, other DEC facilities in Allegany County (Camp Rushford, West Almond
Maintenance Center) are situated in much more remote locations and are less accessible to
the general public, particularly during the winter months. In addition, the NYS DEC Belmont
Office has high-speed internet service. Other DEC facilities within the County have only dialup service, and
WHEREAS, the NYS DEC Forestry Belmont Office is also a convenient location for
local DEC Environmental Conservation Officers, who work out of their homes, to meet with
their clients. Likewise, the office serves as a convenient location for local DEC Forest
Rangers, who patrol State land (and also work out of their homes), to meet with the DEC
Forestry staff, and
WHEREAS, the loss of the existing central location of the NYS DEC Forestry Office
would create a hardship on the businesses and residents of Allegany County in obtaining
natural resource help, assistance and information. The presence of the NYS DEC sub office
at the Allegany County USDA Service Center is critical to the natural resource protection
program in Allegany County. The residents of Allegany County drive to a central location
(Belmont) to obtain other vital governmental services, such as Natural Resources, Veterans,
Social Services, Employment and Training, Board of Elections, Courts, Tax Maps, garbage
permits, driver’s licenses, etc., and
WHEREAS, the proposed savings, by relocation of the office to a less accessible site,
are far outweighed by the added cost imposed upon the public and other governmental
agencies from the loss of easy access to and coordination of services, now therefore be it
RESOLVED:
1.
Allegany County hereby strongly opposes the NYS DEC proposal to move the
NYS DEC Lands & Forests Office located in Belmont to another location.
2.
David A. Paterson, NYS DEC Commissioner Peter Grannis, NYS DEC Region 9 Director
Abby Snyder, Senator Catharine M. Young, and Assemblymen Daniel J. Burling and Joseph
M. Giglio.
Adopted: Roll Call
Comments made regarding Resolution No. 160-09 included: Legislator Ungermann noted
that what the state is trying to do is eliminate a single point of entry for services that are
related. It works and has worked for years. Legislator Dibble commented that the state is
proposing to move the two foresters to West Almond, which is less accessible, and they hope
to save $11,000 per year. He felt it was ridiculous to close the more central office.
APPOINTMENT OF LINDA EDWARDS AS YOUTH BUREAU DIRECTOR AND
STOP DWI COORDINATOR; FIXING ANNUAL SALARY
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RESOLVED:
1.
That Linda Edwards is appointed as the Youth Bureau Director and STOP DWI
Coordinator to receive an annual salary of $44,000.
Adopted: Roll Call
A motion was made by Legislator Reynolds, seconded by Legislator Hall and carried
to amend Resolution Intro. No. 172-09 (Resolution to Request Governor Paterson and New
York State Legislature to Advance Funding and Expedite the Timetables to Complete Parts of
the Appalachian Development Highway System [Corridor U-1 I-99 and Corridor T I-86]) by
changing Resolved No. 4, “Transportation Commissioner Astrid Glynn” to “Acting
Transportation Commissioner Stanley Gee,” and Empire State Development Corporation
Chairman from “Robert G. Wilmers” to “Dennis Mullen.”
A motion was made by Legislator Hopkins, seconded by Legislator Kruger and carried
to amend Resolution Intro. No. 172-09 (same as paragraph above) by adding “and Southern
Tier West Regional Planning and Development Board” to the end of Resolved No. 4.
RESOLUTION TO REQUEST GOVERNOR PATERSON AND
NEW YORK STATE LEGISLATURE TO ADVANCE FUNDING AND
EXPEDITE THE TIMETABLES TO COMPLETE PARTS OF THE
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
(CORRIDOR U-1 I-99 AND CORRIDOR T I-86)
WHEREAS, Governors have made commitments
improvement of the economy of "Upstate" New York, and
to
the
revitalization
and
WHEREAS, Allegany County and thirteen other counties along U.S. Route 17 (I-86)
corridor make up the three Local Development Districts in the thirteen state Appalachian
Regional Commission, and
WHEREAS, U.S. Route 15 (I-99) Corridor U-1 and U.S. Route 17 (I-86) Corridor T are
New York State's section of the thirteen state Appalachian Development Highway System
(the "ADHS") and as such are eligible for Appalachian funding, and
WHEREAS, completing the I-99 U-1 Corridor fulfills the desires of both the
Commonwealth of Pennsylvania and the State of New York to accelerate economic
development opportunities in the area of Appalachia, as well as respond to the increasing
traffic volumes (primarily commercial vehicles) in the Route 15 Corridor since the passage of
the North American Free Trade Agreement, and
WHEREAS, U.S. Route 15 is the only north/south route in Central Pennsylvania that
serves as a vital and direct link between Western New York and Canada and the ports of
Baltimore and Philadelphia and the mid-Atlantic states, and
WHEREAS, completing Corridor T, which terminates in Broome County at I-81, and
the U-1 Corridor in Steuben County will help complete the ADHS in New York State, and
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WHEREAS, the New York I-86 Economic Development Benefit Study, issued in
January 2000, which was widely accepted and quoted at all levels of government, called for
an aggressive eight-year construction period that would result in a 3.2 billion dollar direct
economic benefit to communities along the I-86 Highway Corridor once the conversion has
been completed, and
WHEREAS, Governor Pataki and the New York State Department of Transportation
committed to a ten-to-twelve year construction program to complete the Route 17 conversion
to I-86 beginning with the first designation (177 miles Chemung County west to
Pennsylvania) on December 3, 1999, and
WHEREAS, in order to further enhance economic opportunities and promote the
efficient flow of traffic through this region, NYS Route 400 should be extended southeasterly
through the New York counties of Erie, Wyoming and Allegany to NYS Route 417 in the
Village of Wellsville, Allegany County and eventually extended to U.S. Route 6 east of
Galeton, Pennsylvania along the corridor as shown on the attached map, and
WHEREAS, the Pennsylvania Department of Transportation has projected a
completion date for the conversion of Route 15 to Interstate standards (I-99) to the New York
State border by the end of 2010, and
WHEREAS, the designation of New York State Route 17 to I-86 and Route 15 to I-99
will provide a highway network with connection to every Interstate Highway located within
New York State and Interstates leading into Pennsylvania, and
WHEREAS, the Appalachian Regional Commission has recently released a study, the
"Economic Impact of Completing the Appalachian Development Highway System," stating
that "Completion of the Appalachian Development Highway System (ADHS) would yield
significant economic benefits for both the Appalachian Region and the nation … By
facilitating national freight flows, reducing travel times, improving safety, and enhancing
access to markets, completion of the ADHS would create new jobs and greater value-added
activity, returning $3 in economic benefits to the nation for every $1 spent to complete the
system,” now, therefore, be it
RESOLVED:
1.
That the Allegany County Board of Legislators does hereby express its support
for those projects contained within the 2005 Transportation Bond Act and the Transportation
Plan for the State of New York Department of Transportation.
2.
That this Board does hereby urge the Governor and the New York State
Legislature to advance funding necessary to expedite the timetables set forth and complete
the ADHS in New York State and meet the Pennsylvania Department of Transportation's
timetable.
3.
That this Board does hereby further urge the Governor and the New York State
Legislature, working in cooperation with the federal government and the State of
Pennsylvania, to undertake a study to look at the feasibility and economic benefit of
extending NYS Route 400 southeasterly through the counties of Erie, Wyoming and Allegany
to NYS Route 417 in the Village of Wellsville, Allegany County and eventually to U.S. Route 6
east of Galeton, Pennsylvania.
4.
That the Clerk of this Board is hereby authorized and directed to forward a
certified copy of this resolution to Governor David A. Paterson, U.S. Senator Charles E.
Schumer, U.S. Senator Kirsten Gillibrand, U.S. Representative Eric Massa, Senate
Temporary President Malcolm A. Smith, Senate Majority Leader Pedro Espada, Jr., Speaker
200
of the Assembly Sheldon Silver, State Senator Catharine M. Young, Assemblyman Daniel J.
Burling, Assemblyman Joseph M. Giglio, Acting Transportation Commissioner Stanley Gee,
Senate Transportation Committee Chairman Martin Malave Dilan, Assembly Standing
Committee on Transportation Chairman David Gantt, Appalachian Regional Commission
Executive Director Thomas M. Hunter, Empire State Development Corporation Chairman
Dennis Mullen, the New York State Association of Counties, the fourteen counties bordering
I-86, the Inter-County Association of Western New York, and Southern Tier West Regional
Planning and Development Board.
Adopted: Voice Vote
WHEREAS, a check in the amount of $200, representing the cost to replace a
windshield on a County Sheriff’s 2006 Ford Crown Victoria vehicle, has been offered by
NYMIR in settlement for such property damage, now, therefore, be it
RESOLVED:
1.
That an insurance payment in the amount of $200 from NYMIR, representing
the cost of replacing a windshield on a County Sheriff’s 2006 Ford Crown Victoria vehicle, is
accepted.
2.
Adopted: Roll Call
APPROVAL OF RENEWAL LEASE BETWEEN
DONALD BALDWIN AND COUNTY OF ALLEGANY FOR
PREMISES AT 3453B NYS ROUTE 417, WELLSVILLE, NEW YORK
RESOLVED:
1.
That a three-year lease at $2,000 per month between Donald Baldwin and the
County of Allegany for premises located at 3453B NYS Route 417, to be used by the
Allegany County Department of Health, is approved.
2.
That the Chairman of this Board is authorized to execute said Lease.
Adopted: Roll Call
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(Memo: The renewal lease approved by Resolution No. 164-09 is for 4,080 square feet of
commercial space which has been used since 2006 for the Women, Infants and Children
[WIC] Program. The funding for the monthly rent is provided entirely from the WIC grant.
The lease may be terminated on a 90-day notice if necessary.)
ACCEPTANCE OF INSURANCE PAYMENT FROM ALLSTATE INSURANCE COMPANY
AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS
WHEREAS, a check in the amount of $1,415.73, representing the full cost of repairs
on a County vehicle, has been offered by Allstate Insurance Company in settlement for such
RESOLVED:
1.
That the amount of $1,415.73 from Allstate Insurance Company, representing
the cost of repairs on a County vehicle that was involved in a three-car accident on July 17,
2009, is accepted.
2.
Adopted: Roll Call
(Memo: The vehicle referred to in Resolution No. 165-09 was operated by a Community
Services employee. Another driver was responsible for the accident, and Allstate Insurance
Company accepted 100 percent liability for our claim.)
AUDITS:
A motion was made by Legislator Reynolds, seconded by Legislator Fanton and
A motion was made by Legislator Hopkins, seconded by Legislator Pullen and adopted
Dibble, seconded by Legislator Reynolds and carried.
--------
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REGULAR SESSION - SEPTEMBER 28, 2009
United States Army Sergeant Edward P. Haag.
ROLL CALL: 14 Present; 1 Absent (Legislator Russo).
The Board meeting minutes of September 14, 2009 were approved on a motion made
by Legislator Dibble, seconded by Legislator Reynolds and carried.
Chairman Crandall presented a certificate to Edward P. Haag, former United States
Army Sergeant, in grateful appreciation of his service to our Country. Mr. Haag’s service
dates were from November 1966 to November 1968. Following Basic Training at Fort Dix,
NY, assignments included Fort Jackson, SC, and Fort Polk, LA. Overseas duty stations were
Vietnam and Korea. Commendations Mr. Haag received included: Combat Infantry Badge,
Air Medal, Vietnam Service Ribbon, National Defense Medal, NYS Conspicuous Cross, and
Expert Rifle and Machine Gun. Mr. Haag led the Pledge of Allegiance to the Flag at the
Veterans’ Services Agency Director H. Scott Spillane presented the Air Medal to
former United States Army Sergeant Edward P. Haag on behalf of a grateful nation. Mr.
Spillane noted that the medal is actually five rows of medals and ranks three below the
Purple Heart. When asked what he did to earn the honor, Mr. Haag responded it was for
numerous helicopter flights.
Chairman Crandall presented a certificate of recognition to Gretchen Hanchett, who
accepted on behalf of ACCORD Corporation’s Allegany Business Center. Chairman Crandall
congratulated them for the designation as the top Entrepreneurial Assistance Program (EAP)
Center in New York State and for receiving the 2009 Award for Excellence in all program
areas. There are 24 EAP Centers across New York State. Ms. Hanchett thanked the
Legislators for their support. The Business Center offers technical assistance and training to
new and existing businesses. Since the program began, they have assisted over 1,000
clients. The Center also administers the Revolving Loan Fund, through ACDSI they're
certified CDSI, and they have given out over $1 million in vehicle loans through the Wheels
for Work Program. Upcoming events include the Fall Business Training Camp, a Credit
Repair Class, and eBay University. Also, USDA will be coming out to present opportunities
for business owners and for green business development.
District Attorney Terrence Parker, along with Donna Kahm and Karen Hill, presented
information on the Southern Tier Child Advocacy Center, which serves children and families
in Allegany and Cattaraugus Counties. The Center offers a comfortable, positive way to deal
with interviews and services to minimize trauma for young children who have been victimized.
All services are made available under one roof to make it easier on the child. Cattaraugus
and Allegany Counties began the joint venture about three and one-half years ago under the
Southern Tier Health Care System. The Cattaraugus County site was the first to be
developed, and they recently moved from the Olean General Hospital location to their own
site, enabling them to expand the services they offer including advocacy services,
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counseling, medical exams, and forensic interviews. They have served 122 cases from
Allegany County. A satellite site will soon open in Wellsville at the former Counseling Center
on West State Street, which will eliminate travel time to Olean for clients and staff. An open
house will be held on October 6.
Youth Court Coordinator Jessica Jennings addressed the Board regarding Youth
Court Month and thanked the Board for the proclamation. Over the past five years, 140
Allegany County youth were given the opportunity for a second chance, to learn from their
mistakes, and to return something to the community. Offenders are shown by their peers that
their behavior is unacceptable, where they could end up, and how their actions affect those
around them. They are required to complete community service, make apologies, come back
to serve on jury duty in future hearings, and in the end are given a second chance with a
clean record and hopefully a fresh start. The program is working to reduce recidivism and
actually training offenders to become Youth Court members themselves. It's a good
opportunity and gives youth first-hand experience with the justice system, ways to use
positive peer pressure, improve their public speaking, and conflict resolution. Successful
program completions from March 2004 through September 2009 totaled 122. None of it
would be possible without the support and involvement of local justice professionals. Ms.
Jennings thanked everyone who is involved and has supported the program.
ACCORD’s Family Services Manager Joy Gilmore spoke about Domestic Violence
Awareness Month, and thanked the Board for its continued support, which has a significant
impact on grant applications and sends the message to residents that we discourage
domestic violence. Annually ACCORD assists about 125 victims through advocacy services,
shelter, support groups, family offense preparation services, safety planning, children
services, and referrals. ACCORD has begun providing services for victims at Access
Centers in Wellsville, Belmont, Belfast, and Friendship.
1.
October 2009 Calendar of Board and Standing Committee meeting dates.
Changes were noted.
2.
Committee of the Whole Meeting Minutes of September 14, 2009 for review.
1.
Correspondence from the Allegany County Capital Resource Corporation
regarding the Cuba Memorial Hospital Project and Notice of Public Hearing on Proposed
Project and Financial Assistance Relating Thereto scheduled for October 14, 2009, at 10
a.m. at the Cuba Memorial Hospital Board Room in the Village of Cuba, New York.
2.
Town of Ward Resolution No. 18-2009 dated September 18, 2009, asking for
and supporting the establishment of a multi-year capital bridge plan with the appropriate
funding.
3.
support of our resolution opposing the DEC’s proposal to close the NYS DEC Forestry Office
located at the Farm Service Center in Belmont. Assemblyman Burling also acknowledged
receipt of our resolution to Advance Funding to Expedite the Timetables to Complete Parts of
the Appalachian Development Highway System, Corridor U-1 I-99 and Corridor T I-86.
4.
Southern Tier West Regional Planning & Development Board News Release
regarding their September 17 Board meeting.
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5.
NYSEG/RG&E News Release dated September 18 regarding their request to
the NYS Public Service Commission (PSC) for approval to increase the rates the companies
charge to deliver electricity and natural gas to customers.
6.
Notice of Negative Declaration – The Town of Pike Town Board has determined
that 2009 Amendments to the Town of Pike Comprehensive Plan due to the Dissolution of
the Village of Pike will not result in any significant adverse impacts on the environment and
issued a Negative Declaration pursuant to Article 8 of the Environmental Conservation Law.
7.
Notice of Negative Declaration – The Town of Pike Town Board has determined
that the 2009 Amendments to the Town of Pike Zoning Law and Official Zoning Map Due to
the Dissolution of the Village of Pike will not result in any significant adverse impacts on the
environment and issued a Negative Declaration pursuant to Article 8 of the Environmental
Conservation Law.
8.
The Allegany County Citizens for Responsible Government submitted a copy of
“The Citizen Plan” regarding a solution to the Allegany County Court System dilemma.
9.
Chairman Crandall’s Response to “The Citizen Plan.” Chairman Crandall
commented that this has been a high profile issue, and the Citizen Plan has appeared on the
front page of the newspaper. He distributed his response which includes information with
specific cost figures taken from studies and information that has been worked on for the past
several years. Chairman Crandall felt it was important to point this out and encourage the
press to give this information as due time as the Citizen Plan when it was released. His
response will be sent to others that have sent him correspondence regarding the issue.
10.
Correspondence from Marjanne C. van der Horst referencing “The Citizen Plan”
and urging the Board to reconsider the proposed building addition and re-invite Raymond
DeTine for an opportunity to answer questions.
11.
Certificate of Appreciation from the Allegany County Cancer Services in honor
of the Board’s dedication to residents impacted by cancer.
PROCLAMATION:
Chairman Crandall proclaimed the month of October 2009 as Domestic Violence
Awareness Month in Allegany County in recognition of the important work being done by the
Consortium on Domestic Violence toward improving victim safety and holding perpetrators
accountable for their actions against victims and our society as a whole.
RESOLUTIONS:
Resolution Intro. No. 176-09 (Resolution Urging Governor David A. Paterson to
Appropriate $60 Million of American Recovery and Reinvestment Act Stimulus Monies to
Assist New York’s Dairy Farmers) was amended on a motion made by Legislator Hopkins,
seconded by Legislator Dibble and carried, to change the following: under Resolved 1, add
“million” after $60; under Resolved 3 toward the end, add “,” after Oliver Orton, strike “and,”
and add “Dennis Hill, and NYS Grange Legislative Director” between Chair and Roger
Halbert.
The same resolution was further amended on a motion made by Legislator
McCormick, seconded by Legislator Pullen and carried, to change the second word of the title
from Urging to “Telling.”
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RESOLUTION TELLING GOVERNOR DAVID A. PATERSON TO APPROPRIATE
$60 MILLION OF AMERICAN RECOVERY AND REINVESTMENT ACT
STIMULUS MONIES TO ASSIST NEW YORK’S DAIRY FARMERS
WHEREAS, agriculture, and in particular dairy farming, represents a significant
component of the Allegany County economy, and
WHEREAS, New York is the nation’s third largest dairy state generating close to $2.5
billion on an annual basis, and
WHEREAS, the New York dairy industry is facing perhaps its worst economic crisis
ever due to the increasing cost of feed, fertilizer, fuel and utilities, while the price paid the
dairy farmer of approximately $11.50 per hundredweight of milk is down almost forty percent
from a year ago, and
WHEREAS, a recent Cornell University study estimated that a farmer would need
approximately $17 per hundredweight of milk to meet their production costs, and
WHEREAS, dairy farms across New York State are going under due to this financial
crisis with many more teetering on the brink, and
WHEREAS, in the New York State 2007-2008 Budget, the state passed the Dairy
Assistance Program, providing $30 million of immediate state financial assistance to
struggling dairy farmers, and
WHEREAS, in the New York State 2009-2010 Budget, no funding was provided to
assist dairy farmers during this current time of crisis, and
WHEREAS, New York has already received $25 billion in federal stimulus funding with
more on the way, and
WHEREAS, federal stimulus dollars need to be invested across New York State, and it
is critical to the welfare of all New Yorkers that some of those funds be used to avert the
economic crisis impacting our dairy industry, now therefore, be it
RESOLVED:
1.
That Governor David A. Paterson is urged to appropriate a minimum of $60
million of the ARRA stimulus monies to assist dairy farmers by providing additional direct
payments to producers of approximately 50 cents per hundredweight of milk produced.
2.
That Governor David A. Paterson is further urged to work with President Barack
Obama and Congress to implement appropriate federal legislative solutions for agriculture,
including passage of the MILC program and reform of the Federal Milk Marketing System.
3.
David A. Paterson, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph
M. Giglio, NYS Agriculture and Markets Commissioner Patrick Hooker, NYS Farm Bureau
President Dean Norton, NYS Farm Bureau Director of Public Policy Julie Suarez, NYS
Grange President Oliver Orton, NYS Grange Executive Committee Chair Dennis Hill, and
NYS Grange Legislative Director Roger Halbert.
206
Adopted: Voice Vote
Legislator McCormick requested an amendment to the title of the resolution to change the
word “urging” to “telling,” commenting that we’re done asking for help for the dairy farmers,
and we’re going to tell Governor Paterson that we need this money. Legislator Hall
expressed concern about ramifications of the change in wording and if it would compromise
the process of getting the resolution to the Governor’s desk. (See notation regarding
amendment above.) Mr. McCormick urged approval of the resolution to bring state dairy
farmers some extra money. He also noted that the money won’t go to the dairy farmer, but
will go to suppliers, feed dealers, and fertilizer and equipment dealers. The resolution says
that the price of milk is $11.50, which is 40 percent less than last year, but that $11.50 is
actually about $9.51 after trucking and dairy promotion is taken out of the milk check. This is
just a bandaid to the industry. Mr. McCormick referred to the section of the resolution about
federal legislative solutions for agriculture, including passage of the MILC program and
reform of the Federal Milk Marketing System. That is really the crux of the problem. The
federal milk marketing system is similar to our health care – it’s broken, and unless we can
institute a quota system on imports and also production, this problem will continue.
RESOLUTION OPPOSING VARIOUS PROPOSED ANTI-GUN OWNER LEGISLATION
IN NEW YORK STATE
WHEREAS, the “right to bear arms” is guaranteed by the 2nd Amendment to the U.S.
Constitution, and
WHEREAS, certain bills passed in the New York State Assembly will have a
detrimental effect on hunters, sportsmen and legal gun owners as well as the health of
wildlife, revenue to local municipalities and the Department of Environmental Conservation,
and
WHEREAS, passage of said legislation would curtail the rights of law-abiding citizens
as guaranteed by the Constitution, now, therefore be it
RESOLVED:
1.
That the Allegany County Board of Legislators hereby urges the New York
State Senate and the Governor to oppose the following onerous and misleading bills:
a.
A-801-A (Requires renewal of firearms licenses after five years; safety course
requirement outside City of New York; sets expiration date and provides for a
recertification schedule to be developed by the Commissioner of Criminal Justice
Services)
b.
A-1093 (Requires imposition of restrictions on gun dealers; stringent record
keeping and reporting to prevent gun sales to criminals; requires liability insurance of
at least $1 million; restricts premises of sales; requires employee training; prohibits
straw purchases; imposes additional license conditions)
c.
A-1326 (Outlaws handguns capable of firing by a five-year old or younger,
making all current handguns illegal)
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d.
A-2881 (Defines possession of armor piercing, frangible or devastator
ammunition as criminal possession of a weapon)
e.
A-2882A (Expanded compilation of firearm and ballistic data)
f.
A-3076 (Institution of new training requirements for issuance of firearms
permits)
g.
A-3211 (Bans sale, use or possession of 50-caliber or larger weapons)
h.
A-5844 (Enacts “children’s weapon accident prevention act”; creates crime for
failure to store weapons safely; development of a weapons safety program)
i.
A-6157 (Amends assault weapon definition to include “detachable magazine,”
“muzzle break” and “muzzle compensator”)
j.
A-6468B (Requires semi-automatic pistols to be capable of micro-stamping
ammunition)
k.
A-5078 (Amends definition of “disguised gun” to include weapon or device
capable of being concealed on a person from which a shot can be discharged through
energy of an explosive, which is designed and intended to appear to be a toy gun)
2.
That the Clerk of this Board is directed to send certified copies of this resolution
to Governor David Paterson, Assembly Speaker Sheldon Silver, Senator Catharine M.
Young, Assembly members Daniel J. Burling and Joseph M. Giglio, NYSAC, all counties’
Administrative Officers/Clerks of the Board, and to each and every other person, institution or
agency who will further the purport of this Resolution.
Adopted: Voice Vote
Legislator Kruger commented that this type of resolution from this Board is long overdue.
Our rights as citizens of this country don’t stop at gun ownership, but this is a good start,
protecting our right to keep and bear arms.
AUTHORIZING THE SUBMISSION OF A JOINT APPLICATION FOR A
2009-2010 NEW YORK STATE LOCAL GOVERNMENT EFFICIENCY (LGE)
HIGH PRIORITY PLANNING GRANT FOR THE REGIONAL E-911 PLANNING PROJECT
WHEREAS, Allegany County Administrator John E. Margeson, Schuyler County
Administrator Timothy M. O’Hearn, and Steuben County Administrator Mark R. Alger have
been in discussions regarding the potential savings for each from the implementation of a
regional approach to E-911 services, and
WHEREAS, the Local Government Efficiency grant application requires the
designation of a Lead Applicant Contact Person, and
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WHEREAS, the Steuben County Administrator has agreed to serve as the Lead
Applicant Contact Person responsible for the development and submission of a 2009-2010
New York State Local Government Efficiency grant request in the amount of $50,000 in
funding, and
WHEREAS, the funds received from the proposed LGE grant award for the Regional
E-911 Planning Project will be utilized to obtain the services of a professional consultant to
explore potential consolidation of certain aspects of E-911 operations, provide critical
redundancy and disaster recovery elements, and to recommend changes to increase regional
efficiencies within these services, and
WHEREAS, the Steuben County Administrator and the Schuyler County Administrator
have affirmed that each County will dedicate a maximum of $1,700 over two years to the
grant-required local match funding, and have requested Allegany County also commit a
maximum of $1,700 to satisfy the total local match of $5,000, and
WHEREAS, the Steuben County Administrator has requested that Allegany County
adopt a resolution specifically authorizing Steuben County to submit the proposed application
for LGE funding and to identify the County as a municipal co-applicant, now, therefore, be it
RESOLVED:
1.
The Allegany County Board of Legislators hereby authorizes the Allegany
County Administrator to participate in the grant and hereby agrees to authorize the Steuben
County Administrator to prepare and submit a joint application for LGE funding for the
proposed Regional E-911 Planning Project identifying Allegany County as a co-applicant and
authorizes the expenditure of $1,700 over two years as the County’s contribution to the grantrequired local match.
2.
This Board authorizes the County Administrator to represent Allegany County in
the negotiation and development of an inter-municipal agreement with Steuben County and
Schuyler County in which the respective responsibilities of each County in the proposed
project are specifically identified and defined.
Adopted: Roll Call
Comments made regarding Resolution No. 168-09 included: Emergency Communications
Coordinator Russ Hall noted that this is a very preliminary step in the possibility of
consolidation, not so much for operational purposes, but maybe for training and equipment.
RESOLUTION IN REGARDS TO RECOVERY ZONE DESIGNATION
WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA) authorizes
the County to issue recovery zone economic development bonds in an amount up to
$1,684,000 pursuant to a sub-allocation of the national volume cap for Recovery Zone Bonds
provided by the Federal Treasury Department, and
WHEREAS, recovery zone economic development bonds are entitled to a direct
federal subsidy of 45 percent of the interest thereon, and
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WHEREAS, the County is required to designate a recovery zone prior to issuing such
bonds, and
WHEREAS, any such bonds must be for expenditures for property located within the
recovery zone or otherwise promote economic activity therein, and
WHEREAS, the term recovery zone is defined to mean (1) any area designated by the
County as having significant poverty, unemployment, rate of home foreclosures, or general
distress; (2) any area designated by the County as economically distressed by reason of the
closure or realignment of a military installation pursuant to the Defense Base Closure and
Realignment Act of 1990; and (3) any area for which a designation as an empowerment zone
or renewal community is in effect as of February 17, 2009, and
WHEREAS, it is now desired to designate the County of Allegany as a recovery zone
under ARRA, now therefore, be it
RESOLVED:
1.
The County of Allegany is hereby designated as a recovery zone for purposes
of ARRA as a result of significant unemployment, home foreclosure rates, and general
distress as the current recession has had and continues to have a significant adverse impact
on the County as a whole.
2.
Adopted: Roll Call
RESOLUTION ESTABLISHING
SOLID WASTE RESIDENTIAL USER FEES FOR YEAR 2010
RESOLVED:
1.
The following solid waste residential user fees, providing for either a one-time
fee or a pay as you go fee, are hereby established and shall be charged to users of the
Allegany County Solid Waste System during the year 2010:
One-Time Residential User Fee:
$96.00 per year with no need to purchase separate disposal tickets – no
proration.
Pay as you go Residential User Fee via sale of Residential Disposal Tickets:
Residential Disposal Tickets displaying squares representing $1.00 for each
square, or with some other equivalent representation, will be sold in three
denominations:
$10.00 for ten $1.00 squares
$20.00 for twenty $1.00 squares
$30.00 for thirty $1.00 squares
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When disposing of solid waste, Residential Disposal Tickets shall be presented
and charged according to the following fee schedule:
Up to a 30 gallon bag -
$2.00
55 gallon bag or barrel -
$4.00
Bulky items:
Large items - couch, mattress, box spring,
large cabinet/dresser, or carpet roll -
$4.00
Small items - chair, table, toilet, sink, small
pieces of furniture -
$3.00
Any other solid waste, up to a three (3) cubic yard load or a full size
pickup loaded to the top of the original sides, and not otherwise
described in this fee schedule:
Compact pickup or small trailer with an equivalent
Capacity -
$15.00
Full size pickup or trailer with an equivalent capacity - $20.00
2.
Solid Waste Identification Tags will be issued upon payment of the applicable
user fee. A Residential Disposal Ticket shall be deemed to constitute a Solid Waste
Identification Tag for purposes of disposing of solid waste at an Allegany County Solid Waste
Management Facility. No user fee will be charged to individuals who will only be disposing of
recyclable materials at County facilities. A Recyclables Only Identification Tag will be issued
without charge to individuals who will only be disposing of recyclable materials upon the
completion by such individuals of the appropriate application form. In the event a Residential
Identification Tag is lost or stolen, a replacement Residential Identification Tag will be issued
for a fee of $25.
Adopted: Roll Call
ACCEPTANCE OF FUNDING FROM THE SUSAN G. KOMEN FOUNDATION AND
APPROPRIATION OF SAID FUNDS TO PUBLIC HEALTH ACCOUNTS
WHEREAS, the sum of $22,464 has been offered to the Allegany County Department
of Health by the Susan G. Komen Foundation to be used in providing breast cancer
awareness education and support to residents in Allegany and Cattaraugus Counties who
have been diagnosed with breast cancer, now, therefore, be it
RESOLVED:
1.
That the sum of $22,464 offered by the Susan G. Komen Foundation is
accepted and appropriated to Account No. A4072.4 (Komen Kares Grant) with a like sum
credited to Revenue Account No. A08.2705.4071.
Moved by: Mr. Truax
Adopted: Roll Call
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INCREASING DEPARTMENT OF SOCIAL SERVICES
APPROPRIATION AND REVENUE PROGRAM ACCOUNTS
RESOLVED:
1.
That the following Department of Social Services Accounts are increased a total
of $380,000 as follows: $380,000 to Account No. A6109.4 with a sum of $76,000 to Revenue
Account No. A10.3609.00 and $304,000 to Revenue Account No. A11.4609.00.
Moved by: Mr. Truax
Adopted: Roll Call
(Memo: The account increases approved by Resolution No. 172-09 were due to funding for
the “Back to School” costs issued by New York State Office of Temporary and Disability
Assistance. There was no local share for these costs.)
TRANSFER OF FUNDS WITHIN DISTRICT ATTORNEY ACCOUNT
RESOLVED:
1.
A1165.2 for the purchase of a computer.
Adopted: Roll Call
RESOLUTION APPROVING THE PROJECT LABOR AGREEMENT (PLA)
FOR THE ALLEGANY COUNTY COURT FACILITIES PROJECT
WHEREAS, a Project Labor Agreement (PLA) for the Court Facilities Project as
drafted by Peter Godfrey, Esq. from Hodgson Russ LLP has been received by the County,
RESOLVED:
1.
That the Project Labor Agreement as drafted by Peter Godfrey, Esq. from
Hodgson Russ LLP for the Allegany County Court Facilities Project is approved.
2.
That the Chairman of this Board is authorized to execute the Project Labor
Agreement.
Adopted: Roll Call
Voting No: Kruger, Reynolds, Truax, Ungermann
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Legislator Kruger reiterated a previous comment that $3.6 million is a lot to save on a $13
million project; it’s not going to happen. He noted that he felt almost compelled to support
this resolution, because so much has been spent trying to find out how much money we’ll
save, that you almost have to now. Mr. Kruger expressed concern about the lack of time to
review the Benefits Analysis Report prepared by Seeler Engineering. He questioned how
they determined the $126,000 in savings from utilizing ten-hour days, when it’s all one work
site. The savings in long days is usually from not having to move to another location. Tim
Seeler, from Seeler Engineering, explained that in reviewing the way the work gets executed,
you typically find that there is a certain amount of time spent setting up, cleaning up, and
breaking down. If you can eliminate that, you can credit about one hour of productivity per
day. This project involves two pieces: the building going on out back, and working inside the
existing space. There is a fair amount of inefficiency in moving from space to space, and
they have found an increased productivity with the longer work day. This is their best
projection.
Legislator Ungermann noted that the Board would be voting on the resolution without having
thoroughly reviewed the Benefits Analysis Report. He referenced a section of the report that
stated, “In his proposed legislation for blanket exemption from Wick’s Law, Governor Pataki
reported that the Wicks Law adds 10 percent to construction cost in New York State. A ten
percent reduction in cost would represent a $1,200,000 savings to the Courthouse Project.”
Governor Pataki assumed a ten percent savings across the board. “Savings as significant as
20 to 30 percent would not be anticipated for this project; however, even applying a more
conservative projection, a potential for cost reduction of up to $1,200,000 may be available.”
Mr. Ungermann stated that there would be no guarantee. We have spent a lot of money to
get to this point, and he’s not convinced the County will save $1.2 million.
Chairman Crandall commented that the cover page of the report is specific to our project, and
the potential savings related to labor is $192,000. He asked Mr. Seeler to clarify Section 6,
which Legislator Ungermann was referring to. Mr. Seeler explained that they look at two
things for these studies. The first is very specific and is required for the process, and that is
how much the agreement is going to impact dollars in work execution; for this project
$192,000. They look at labor execution, the hours, the way the work is executed, the dollars
per hour, and premiums associated with it in order to define and estimate those savings. The
second part is less tangible, but still benefits indirectly, although not defined in exact dollars.
Those are the things addressed in Section 6: the potential for savings from waiving the
Wicks Law, the potential avoidance of strikes, and those kinds of things. They aren't figured
into the bottom line on dollar savings. The County's decision should be based on the dollars the $192,000. Are they solid? Are we going to benefit from this agreement? The County
also has to decide if the agreement is equitable as it applies to everyone. In Seeler's opinion,
it is. It contains all the conditions that allow free access of market. If the County chooses to
go in this direction, then we will get those benefits indicated in Section 6.
Legislator Pullen commented that he expects to see substantial savings with this agreement,
but no one can guarantee it. There is a pattern clearly established across the state
throughout the past 90 years since the Wicks Law has been on the books. There have been
exemptions granted to different governmental entities, and when they didn’t have to comply
there were substantial savings. Thirty percent would be great, but ten percent is what
Governor Pataki had estimated as the minimum savings, although there is no guarantee.
The County retained counsel and negotiated a Project Labor Agreement that is very detailed
and contains many favorable aspects. We can adopt the PLA without going with the Wicks
Law waiver, but it doesn’t go the other way. If we don't adopt this, we have no choice but to
go with the multiple prime contractors, we would have to go with the construction manager
rather than clerk of the works, and have various other issues. Overall, on its own, Mr. Pullen
213
stated he could not walk away from the $192,600 in taxpayer money, nor could he walk away
from the potential ten percent Wicks Law related savings. Even five percent would still be
over $600,000. The committee has looked at this and approved it, and he strongly
encourage the Board support it. Mr. Pullen believes it will show benefit, especially in the
economic climate we're looking at. There are a lot of workers on unemployment, there are
very few public projects. We are being forced to do this project, and since we have to do it,
we want to spend as little as possible.
Legislator Reynolds applauded Mr. Pullen for all the hard work and many hours spent to bring
all this information together. But, with all the limits put in this PLA, it's still a government
imposed, union only PLA that carries all the harms inherent in PLAs. This includes excessive
costs that necessarily flow from excluding non-union bids from the project, and the
infringement on individual rights that necessarily occur from forcing employees to accept
union representation and to pay monies to unions to work on a taxpayer-funded construction
project. Mr. Reynolds stated that it would be difficult to support this PLA, although this
agreement was very well done.
Legislator Hopkins responded that as he understood it, this agreement does not force
employees to pay money to the unions. Legislator Pullen explained that through the PLA,
non-union employees do not have to pay dues, but there is a fee that would go to each of the
unions, excluding things such as their typical lobbying, and it goes into what they call core
aspects that would be involved in this. That is one of the downsides.
Legislator McCormick commented on the PLA's effect on the unions and trades doing the
work. It will be union representatives doing the actual high-back work, such as masonry work
and the like, and as union members, their workmanship is guaranteed. As union carpenters
or union plumbers, they've already passed the bar and they have their cards as qualified
workmen. Also as union members, they have attended numerous safety training meetings.
The unions already sat down at the table, but they haven't signed yet. That concerns him.
They want the project to come in under the time limit, they are aware of the County’s budget,
and from what he's heard, they want it come in within the budget. We have a lot of qualified
union workers in the County, and as the project moves forward, a lot of local people will be
employed. Mr. McCormick felt that this PLA is the best way to go other than the Wicks Law.
Chairman Crandall clarified that it was his understanding that the agreement has been
approved by each of the unions, and they are just waiting for our action before signing. Mr.
Pullen confirmed that was what he was told by Peter Godfrey, who negotiated for the County.
Legislator Kruger stated that he would not support this, because he hasn't supported any
facet of this new Courthouse addition when we have so much space available to us. We are
walking away from substantial savings by not using the space we have available.
Legislator Ungermann commented further on being asked to vote on something the
legislators haven't had a chance to read or digest. One thing he has gathered from this is
that with a PLA, a lot more money can be saved with the more labor intensive projects.
Remodeling the old jail would be more labor intensive than building new. There is no control
over the cost of building supplies; savings come on the labor. The more you do in
renovations, the more you can save.
Resolution Intro. No. 185-09 (Transfer of Funds within Public Health Accounts) was
not pre-filed and was considered from the floor on a motion made by Legislator Hall,
seconded by Legislator Dibble and carried by an affirmative voice vote of the requisite twothirds of the Board membership.
214
TRANSFER OF FUNDS WITHIN PUBLIC HEALTH ACCOUNTS
Offered by: Legislator Brent L. Reynolds
RESOLVED:
1.
A4189.2, to cover the cost of 7 HP Notebooks and related software.
Adopted: Roll Call
(Memo: The Notebook computers and software authorized in Resolution No. 175-09 will be
utilized by Health Department staff to help with vaccination implementation during the H1N1
pandemic. It will allow staff to input clinical data and to track expenses and related activity to
meet federal guidelines for H1N1 funding requirements. These expenses will be reimbursed
100 percent under the H1N1 funding.)
AUDITS:
the County Administrator (Opposed: Kruger, Ungermann). (Allegany County’s Local Dollar
Share of the NYS Medicaid Program paid year-to-date is $6,053,050.)
COMMENTS:
Legislator Ungermann reported that the Cuba Garlic Festival was an astounding
success this year, with 8,369 paid admissions, not including children, vendors, or volunteers.
Last year, there were a little over 5,000.
Legislator Kruger noted that at the last meeting of Citizens for Responsible
Government, the public was granted a tour of the former Belmont school. He requested that
the former jail space be made available for a similar tour. There's been disagreement on
what’s usable, and the public should be able to see and judge for themselves. The next
meeting is October 5, and if possible, they'd like a tour of that space from about 8:30 to 9:30.
Chairman Crandall replied that he would investigate it. The space is not public-friendly right
now and there are some secure storage issues. Legislator Reynolds noted that whether the
public likes the space is superfluous. The state rejected it.
--------
215
BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 13, 2009
REGULAR SESSION - OCTOBER 13, 2009
United States Army Specialist 4th Class Virgil Garner.
ROLL CALL: 13 Present; 2 Absent (Legislators Reynolds and Truax).
The Committee of the Whole meeting minutes of September 14, 2009, were approved
on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried.
Chairman Crandall presented a certificate to Virgil Garner, former United States Army
Specialist 4th Class, in grateful appreciation of his service to our Country. Mr. Garner’s
service dates were from June 1965 to May 1967. Following Basic Training at Fort Dix, NJ,
Mr. Garner was stationed in Fort Sam Houston, Texas, where he took Medical Training, and
he served overseas in Germany. Mr. Garner led the Pledge of Allegiance to the Flag at the
Chairman Crandall recognized Legislator Dwight Fanton for having successfully
completed the course requirements of the Dennis A. Pelletier Institute in September 2009, at
the annual NYSAC Conference. This is a comprehensive, educational program for County
officials developed jointly by New York State Association of Counties and Cornell University.
Allegany County Area Foundation Executive Director Robert Christian shared
information about the Foundation. They cover a wide array of collecting donations and
distributing those funds throughout the County by way of grants and awards. Mr. Christian
thanked the Board for their support. Over the past year, their 25th anniversary, they were
able to give back to the community over $260,000 in grants and scholarships. Although the
present year has been a challenge with the condition of the markets, they are still giving
many scholarships and some grants to smaller organizations throughout the County. On
behalf of the Board, Chairman Crandall presented Mr. Christian with a check for the
Foundation drawn from the Legislators' flower fund.
William Heaney spoke about the Bare Knuckle Boxing Hall of Fame activities to be
held in Belfast during the coming weekend. He highlighted a schedule of events and
summarized some of the history surrounding the dedication of the Hall of Fame. Celebrities
from all over the country will be participating. Mr. Heaney distributed information on John
Sullivan, who was trained and rehabilitated by William Muldoon at his barns in Belfast in
1889. Sullivan then went on to become the undisputed bare knuckle boxing champion of the
world by defeating his opponent Jake Kilrain in Richburg, Mississippi in a 75-round fight that
lasted nearly three hours. The barns that Sullivan trained in are currently being moved to a
new location and will become a tourist stop and museum.
Helen Evans, Allegany/Western Steuben Rural Health Network Program Coordinator
addressed the Board on Aging in Place Week. The Rural Health Network and the
Community Partnership on Aging started a project to look at Allegany County and its prospect
216
for people being able to age in place and do so with dignity and quality of life. In the process,
they created the Allegany County Strategic Plan for Aging in Place, which has been reviewed
by the County's Comprehensive Planning Committee. They received state recognition as
one of three counties in the state to obtain a New York State Office for the Aging Community
Empowerment for Successful Aging Grant. Through the Community Partnership on Aging,
they have embarked on celebrating Aging in Place Week, looking for communities to
embrace seniors living in a community to be able to do so with quality of life, dignity, and
respect. Ms. Evans highlighted some of the events already taking place during the week.
Linda Devlin, Executive Director of the Allegheny National Forest Visitors' Bureau,
McKean County Tourism, gave a presentation on their newest endeavor, which includes a
hard-cover book entitled, "Pennsylvania Crude - Boomtowns and Oil Barons" and the
accompanying Road Trip Driving CD. This is an educational marketing project to increase
awareness of the area's rich oil heritage and linking key attractions to establish the area as a
multi-day tourism destination. The project encompasses six counties: Butler, Venango,
Crawford, Warren, and McKean Counties in Pennsylvania, and Allegany County in New York
State. They worked with a variety of funding partners, including state and federal.
1.
2010 Allegany County Tentative Budget.
2.
Report of Intrafund Transfers approved by the County Administrator in
September.
3.
Report of Tax Bill Corrections approved by the County Administrator in
September.
4.
Board Meeting Minutes of September 28, 2009 for review.
1.
The County Treasurer filed a copy of the Audit Report for the Year Ended
December 31, 2008, prepared by the firm of Eldredge, Fox & Porretti in the Clerk of the
Board’s Office on September 28, 2009.
2.
Notice of next InterCounty Association meeting to be hosted by Wyoming
County on October 16 in Warsaw.
3.
Correspondence from Senator Catharine Young confirming receipt and support
of our resolution opposing the closure of the NYS DEC Forestry Office in Belmont along with
a copy of her News Release and letter to the Governor regarding this matter.
4.
Correspondence from Allegany County Cancer Services President Lori
Ballengee thanking the Board for its support.
5.
Notice from the Allegany Business Center that they are presenting a Grant
Opportunities Workshop on October 28 from 6 to 7 p.m. at the Crossroads Commerce and
Conference Center.
217
PROCLAMATIONS:
Chairman Curtis Crandall proclaimed October 17, 2009, as Bare Knuckle Boxing Hall
of Fame Day in Allegany County in recognition of its existence and importance to our local,
national, and international history.
Chairman Curtis Crandall proclaimed the week of October 12 to 17, 2009, as Aging in
Place Week in Allegany County to encourage residents to become proactive in planning for
their future and raise awareness of the various services available to make independent living
work for as long as possible.
INTRODUCTION OF LEGISLATION:
Legislator Theodore Hopkins introduced Local Law Intro. No. 2-2009, Print No. 1,
entitled, “A Local Law to Provide Increases in the Compensation of Certain County Officers,”
a copy of said proposed Local Law having been placed on each legislator’s desk.
RESOLUTIONS:
RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW
TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS
WHEREAS, on this 13th day of October, 2009, a local law (Intro. No. 2-2009, Print No.
1) was introduced to provide increases in the compensation of certain County officers, and
WHEREAS, it will be necessary to set a date for public hearing on said proposed local
law, now, therefore, be it
RESOLVED:
1.
That a public hearing shall be held on October 26, 2009, at 2:00 p.m. in the
County Legislators' Chambers, Room 221, County Office Building, Belmont, New York,
before the Allegany County Board of Legislators, in relation to proposed Local Law Intro. No.
2-2009, Print No. 1.
2.
That the Clerk of the Board of Legislators is directed to prepare, with the
assistance of the County Attorney, a notice of said public hearing, to cause the publication of
a copy of said notice in each of the two newspapers which have been officially designated by
this Board to publish "notices," and to affix a copy of said notice on the County bulletin board
in the County Courthouse at Belmont, New York; both publication and posting to be made at
least five days before the public hearing.
Moved by: Mr. Hall
Adopted: Roll Call
MEMORIALIZING THE GOVERNOR AND THE LEGISLATURE OF
THE STATE OF NEW YORK TO ADOPT BILL NOS. S.6004/A AND A.7504-B
RELATIVE TO COLLATERAL SOURCES
218
WHEREAS, under current state law, public employees hurt on the job are paid twice,
both times out of the taxpayer’s pocket for the same lost future earnings; and
WHEREAS, there is a bill proposed by the NYS Trial Lawyers Association that has
now been introduced in the Legislature, (S.6004/A, formerly S.4080-A, by Senator
Schneiderman; A.7504-B, formerly A.7504.A, by Assemblyman Weinstein), which, in addition
to ending the unfair double recoveries against public employers, removes an impediment to
the settlement of tort actions; and
WHEREAS, the bill would protect all parties in the lawsuit, (including public employer
defendants), who settle the case from then being subjected to a claim by a health benefit
provider or other collateral source payer for reimbursement of monies paid to the plaintiff,
unless there is a statutory right to such reimbursement, thereby encouraging settlement; now,
therefore, be it
RESOLVED:
1.
That this Board of Legislators does hereby memorialize the Governor and the
Legislature of the State of New York supporting these bills and urges our lawmakers to vote
into law.
2.
That certified copies of this resolution shall be forwarded to Governor David A.
Paterson; Counsel to the Governor Peter J. Kiernan; New York State Senate Majority Leader
Pedro Espada, Jr.; New York State Senate President Malcolm A. Smith; New York State
Senate Democratic Conference Leader John L. Sampson; Senator Catharine M. Young; New
York State Assembly Speaker Sheldon Silver; New York State Assembly Majority Leader
Ron Canestrari; New York State Assembly Minority Leader Brian M. Kolb; Assemblyman
Daniel J. Burling; and Assemblyman Joseph M. Giglio.
Adopted: Voice Vote
RESOLUTION OPPOSING A NEW STATE FEE FOR ISSUING LICENSE PLATES
Offered by: Legislator Daniel Russo
WHEREAS, this legislative body has a record of advocating for the best interests of
the residents of Allegany County, and
WHEREAS, members of this legislative body have registered opposition to the more
than 100 tax and fee increases included in the 2009-2010 state budget approved by state
lawmakers and the Governor, noting that these increases occur during a prolonged
recession, and
WHEREAS, another new state fee will add to the costs being borne by state residents,
with motorists required to exchange license plates and exchange those license plates with
new state-issued license plates at a cost of $25 each, and
WHEREAS, there is an additional expense of $20 for motorists who wish to keep the
same license plate number, and
WHEREAS, County Clerks, including Allegany County Clerk Robert L. Christman,
have stated their doubts regarding the effectiveness of the program, noting the last license
219
plate exchange occurred a relatively short time ago in 2001 at a much reduced cost of $5.50,
and
WHEREAS, this legislative body is concerned about the high number of taxes and
fees being imposed by the state during a recession and urges the Governor to delay or
cancel implementation of the license plate exchange fee, scheduled to go into effect in April,
2010, now, therefore, be it
RESOLVED:
1.
That this legislative body does hereby declare opposition to the license plate
exchange fee, noting concerns about the effectiveness and need of the program and the
costs for New Yorkers already coping with the ongoing recession, and urges that the
implementation of the exchange program be cancelled or delayed.
2.
That the Clerk of this legislative body is hereby directed to transmit copies of
this resolution to Governor David A. Paterson, State Senator Catharine M. Young, Assembly
Majority Leader Ron Canestrari, Assemblyman Joseph M. Giglio, and Assemblyman Daniel
J. Burling.
Moved by: Mr. Russo
Adopted: Voice Vote
Legislator Russo thanked County Clerk Robert Christman for helping to put the resolution
together. This state proposal will require vehicle owners to change plates, charging them $25
and an additional $20 if they want to keep the same number. Asking people to pay $45
during a time of recession when things are tight is absurd. Mr. Russo's research showed
plates were changed as recently as 2001, and the plate change fee at that time was $5.50.
Legislator Dibble commented that Albany is being run by New York City, which has mass
transportation. We have to support that mass transportation by paying fees to drive. It's not
equitable.
Legislator Ungermann noted that this is just one of a hundred such taxes and fees that small
businesses are forced to pay. He cited other examples: the fee for the privilege of selling
cigarettes used to be $100, and is going to $1,000; to be able to sell coffee in a convenience
store, the fee went from $100 to $400.
Legislator Pullen commented that in rural areas like this, we don’t have access to mass
transit; we do need our vehicles. This is not an avoidable expenditure. The state doesn’t
know when to stop. The answer is to cut spending, not to continually raise fees. Passing
costs down to us, requiring localities to pay more, is the state's overall mindset. It's not
enough to balance the budget, they have to cut costs. Mr. Pullen supported the resolution in
hopes that we can get the message to Albany that enough is enough.
Legislator Kruger agreed with Mr. Pullen on telling the state that enough is enough. The
counties and NYSAC have been telling the state that for a long time. We have to say no to
these state mandates – that's the only answer. The state will continue to ignore and continue
unfunded mandates until they find it's impossible to force us to go along with them.
REQUESTING NEW YORK STATE TO TAKE BACK LOCAL SHARE OF MEDICAID
AS A COMPONENT OF TRUE MEDICAID REFORM
220
WHEREAS, a looming Medicaid crisis exists in New York State and has not been
adequately addressed by our state representatives for many years, and
WHEREAS, for nearly two decades, state legislatures have hidden behind their
inability to pass an on-time state budget as an easy excuse for avoiding true Medicaid
Reform, and
WHEREAS, New York State is one of the few states nationwide that passes down a
percentage of Medicaid costs to the county level, which in New York State amounts to 20 to
25 percent on average, and
WHEREAS, our state leaders need to boldly step forward in a non-partisan fashion,
make the hard hitting and decisive decisions, many of which may not be popular to voters at
home, but which decisions will start us on the road to true Medicaid Reform, and
WHEREAS, true Medicaid Reform will stem reverses in economic growth and
migration away from New York State of businesses and taxpayers to more friendly environs,
will stabilize economic impacts on health care providers, and will modernize current laws that
allow for shielding of large levels of income by individuals who should pay for their care, and
WHEREAS, without true reform, Medicaid will continue to grow and strip the likes of
Allegany County of their vitality and any hope of fiscal stability for years to come, and
WHEREAS, Allegany County is tired of bearing unfunded mandates and placing them
on the backs of its taxpayers, and
WHEREAS, Allegany County views New York State’s Medicaid Cap as nothing more
than smoke and mirrors, and
WHEREAS, true Medicaid Reform would include, as an integral part, New York State
taking back all Medicaid costs passed down to counties, and
WHEREAS, Allegany County proposes that the State of New York start taking back
the local share, implementation of which should span a five-year period at the rate of twenty
percent of the local share per year, so that at the conclusion of the five-year period the state
would be bearing the full load of Medicaid, and
WHEREAS, implementation of this program should not include offsetting by county
revenues such as sales tax or the like, now, therefore, be it
RESOLVED:
1.
That the Allegany County Board of Legislators requests that the State of New
York, as part of larger true Medicaid Reform, take back the local costs paid by counties
statewide, which program should be implemented over a five-year period at the rate of twenty
percent per year, so that at the end of that term the State of New York shall bear all Medicaid
costs statewide without contribution by offset or otherwise from counties.
2.
That the Clerk of this Board shall forward copies of this resolution to Governor
David A. Paterson, Senators Charles E. Schumer and Kirsten Gillibrand, U.S. Representative
Eric Massa, New York State Senator Catharine M. Young, and New York State
Assemblymen Daniel J. Burling and Joseph M. Giglio.
221
Adopted: Voice Vote
Legislator Kruger stated that here again is one more unfunded mandate. The $45 license
plate fees will be a drop in the bucket compared to the fees that the state will have to come
up with in order to take over the counties' present share of Medicaid.
Legislator Pullen commented that his understanding is that about 53 to 55 percent of the
entire state budget is absorbed in the cost of Medicaid. In addition to that, a significant
portion of the Medicaid program is shifted to the counties. That is only done in one other
state in the country. New York's Medicaid program offers superior insurance compared to
what many of us could buy outright, and you have to be indigent to get it. While debating
health care reform, the state is providing a "Cadillac" program that the wealthiest of us can't
buy. There needs to be limits, and people need to be aware of the costs. We are providing
an incentive for people not to work, because they don’t want to lose their Medicaid benefits.
The system will continue to run out of control making funding unavailable for other worthwhile
programs. New York State spends more for Medicaid than California, which has more than
double our population.
Legislator Dibble noted that Medicaid is a federal program that the states run. The solution
may be federal legislation stating that the states can’t pass Medicaid costs down to the
county level.
2008 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED WITH REGARD TO
REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN;
DIRECTING MAILING OF NOTICES OF APPROVAL OF APPLICATIONS FOR
CORRECTED TAX ROLLS AND ORDERING THE VARIOUS TOWN TAX COLLECTORS
TO CORRECT THE TAX ROLLS;
RESOLVED:
1.
claimed errors regarding their real property on the respective tax rolls of the named towns,
222
2.
3.
4.
That the Tax Collector of the Town of Almond is ordered and directed to correct
a.
Cornerstone Homes, Inc., Michael & Renee Evingham: Parcel 139.-1-18
Allegany County
Town
Fire
School Relevy
Total
$617.19
325.88
17.70
210.66
$1,171.43
5.
That the Tax Collector of the Town of Wellsville is ordered and directed to
a.
Macauley, Jacqueline: Parcel 252.-1-80./3
this parcel was included in a mobile home park, and the County Treasurer is directed to make
the following charges on her books:
Allegany County
Town
Total
$67.89
46.61
$114.50
6.
resolution to the various Tax Collectors for the towns stated above together with the original
7.
school and the amount to be charged to each school shall not be charged until 10 days after
payable to each school as a result of school taxes returned after the date such amount is
charged and which shall be paid to each school after May 1, 2010. The County Treasurer
shall send a written notice to each school of the amount of such deduction prior to May 1,
2010.
223
Adopted: Roll Call
INCREASING APPROPRIATION AND REVENUE IN
OFA – TITLE VII ELDER ABUSE ACCOUNT
WHEREAS, the Office for the Aging has advised that OFA –Title VII Elder Abuse
appropriation and revenue accounts should be increased due to an increase in federal funds
for such accounts, now, therefore, be it
RESOLVED:
1.
That the sum of $1,512 is appropriated to Account No. A6781.402 (OFA – Title
VII Elder Abuse – Mileage), with a like sum credited to Revenue Account No. A11.4772.05
(OFA Elder Abuse – Title VII Program).
Adopted: Roll Call
ACCEPTANCE OF FUNDS FROM NEW YORK MUNICIPAL INSURANCE RECIPROCAL
(NYMIR) AND APPROPRIATION OF SAME TO RISK RETENTION ACCOUNTS
WHEREAS, a check was received in the amount of $506.75, representing a
reimbursement less a $200 deductible, for expenses associated with the repair of a 2007
Dodge Caliber assigned to Office for the Aging that was damaged when the vehicle struck a
dog on August 31, 2009, now, therefore, be it
RESOLVED:
1.
That the sum of $506.75, representing reimbursement to repair damages of a
2007 Dodge Caliber, is accepted.
2.
That the accepted sum of $506.75 is appropriated to Account No. CS1931.429
(Risk Retention – Uninsured Property Loss), with a like sum credited to Revenue Account No.
Adopted: Roll Call
TRANSFER OF FUNDS WITHIN EMPLOYMENT AND TRAINING
224
RESOLVED:
1.
That the transfers of the following appropriations are approved:
From:
To:
Amount:
CD16400.101
CD16400.101
CD16400.101
CD16403.101
CD16794.101
CD16400.806
CD16400.806
CD16403.806
CD16406.101
CD16410.101
CD16402.474
CD16412.101
CD16400.411
CD16406.806
CD16410.806
CD16412.806
Total
$ 8,000
10,000
5,000
9,000
4,000
4,000
5,000
4,000
$49,000
Adopted: Roll Call
APPROVAL OF AGREEMENTS WITH APPROVED PROVIDERS OF
PROGRAMS, SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES
RESOLVED:
1.
That Agreements titled "County of Allegany Contract for Approved Providers of
Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with Pathways, Inc., for
the period September 1, 2009, to August 31, 2010, and Friendship Central School for the
period July 1, 2009, to August 31, 2010, are approved.
2.
That the Chairman of this Board is authorized to execute such Agreements.
Moved by: Mr. Russo
Adopted: Roll Call
Voting No: Kruger
Legislator Pullen stated that this program for preschoolers with disabilities is more an
educational program than anything the county government has historically been involved in,
but the state mandates that counties are responsible for administration. One reason may be
that they give a higher ratio of reimbursement for educational school programs than they do
for county programs. Not only are they shifting spending to lower levels of government, but
they're doing it in a way that makes no structural sense, just to save their own dollar. Mr.
Pullen was voting in favor of the resolution, but it needs to be pointed out that this should be
done under education through the school system.
Legislator Kruger noted that although we have to pay for the program, we have no oversight.
He stated that he would be voting against the resolution to buck the state on this unfunded
mandate. It's never going to change any other way. Mr. Kruger referenced the public outcry
against the nuclear waste dump site, which was ultimately stopped.
225
RATIFYING AND APPROVING LETTER AGREEMENT WITH
NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR
A DIGITAL FINGERPRINTING SYSTEM;
AUTHORIZING SHERIFF TO EXECUTE LETTER AGREEMENT
RESOLVED:
1.
That Letter Agreement dated August 24, 2009, between New York State
Division of Criminal Justice Services and the County of Allegany for a digital fingerprinting
system with a payment of $1,600 as an initial deposit is ratified and approved.
2.
That the Allegany County Sheriff is authorized to execute the Letter Agreement.
Adopted: Roll Call
APPROVAL OF AGREEMENT BETWEEN COUNTY OF ALLEGANY AND
ALLEGANY COMMUNITY DEVELOPMENT SERVICES, INC. (ACDSI)
RESOLVED:
1.
That the Agreement between the County of Allegany and Allegany Community
Development Services, Inc. (ACDSI) for the financial administration and management
services for the Allegany County Revolving Loan Fund is approved.
2.
Adopted: Roll Call
(Memo: The agreement approved in Resolution No. 186-09 is a renewal and covers a threeyear period beginning September 1, 2009. ACDSI is an ACCORD program.)
APPROVAL OF LEASE-PURCHASE AGREEMENT FOR
A KYOCERA TASKALFA 820 COPY MACHINE;
AUTHORIZING CLERK OF THE BOARD TO EXECUTE
LEASE-PURCHASE AGREEMENT
WHEREAS, the lease on the County’s large central service copier expires on
September 30, 2009, and
WHEREAS, the Clerk of the Board of Legislators distributed the competitive bids that
were submitted for the lease-purchase of a new copy machine for the County, and
226
WHEREAS, the competitive bid for the lease-purchase of a new copy machine has
been awarded to Kyocera Mita America, Inc., c/o James B. Schwab Company, and
WHEREAS, Kyocera Mita America, Inc. has submitted a 36-month lease-purchase
agreement for an estimated monthly payment of $569, now, therefore, be it
RESOLVED:
1.
That the lease-purchase agreement between the County of Allegany and
Kyocera Mita America, Inc. from October 1, 2009, to September 30, 2012, is approved.
2.
That the Clerk of the Board of Legislators is authorized to execute such leasepurchase agreement and other documents necessary to complete the transaction.
Adopted: Roll Call
Resolution Intro. No. 198-09 (Resolution in Opposition of New York State Department
of Transportation [NYSDOT] Reasonable Access Highway Regulation) was not pre-filed and
was considered from the floor on a motion made by Legislator Fanton, seconded by
Legislator Pullen and carried by an affirmative voice vote of the requisite two-thirds of the
Board membership.
RESOLUTION IN OPPOSITION OF NEW YORK STATE DEPARTMENT OF
TRANSPORTATION (NYSDOT)
REASONABLE ACCESS HIGHWAY REGULATION
WHEREAS, the Allegany County Board of Legislators recognizes the need of large
transport trucks to supply our communities and farms, and
WHEREAS, large agricultural trucks are using highways through our region to deliver
local goods outside and within the region and also act as a safer and faster alternative to
Interstate highways, and
WHEREAS, proposed New York State Department of Transportation (NYSDOT) route
restrictions for the Finger Lakes region will cause a negative economic impact on our
agricultural community creating millions of dollars of increased costs to an already struggling
industry, and
WHEREAS, the New York State Department of Transportation (NYSDOT) has
promulgated regulations to restrict routes in the Finger Lakes region with the likelihood of
restrictions also being imposed within Allegany County that will create severe economic
difficulties by limiting truck traffic in the County, and
WHEREAS, these restrictions will result in many agricultural trucks being eliminated
from certain routes within the County and require the establishment of alternative routes
which will be more expensive for agricultural businesses, and
WHEREAS, food costs for consumers will rise due to the additional costs borne by the
agricultural community and for transportation to markets, now, therefore, be it
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RESOLVED:
1.
That this Board of Legislators urges Governor Paterson and the New York State
Department of Transportation to rescind the proposed regulations as quickly as possible.
Adopted: Voice Vote
Legislator Ungermann felt that these regulations were a result of people not wanting to be
inconvenienced by truck traffic in the very tourist-oriented area around the Finger Lakes.
That may be where it started, but it will eventually happen everywhere. When we start
looking at the environmentally green movement, it should be pointed out that the emission
control on big trucks cause them to burn 20 percent more fuel. He fails to understand how
burning more fuel and driving more miles getting to the destination is better for the
environment.
Legislator Pullen commented that if he was more impressed with the state’s ability to plan, he
might be more comfortable with them laying out these routes, but he's not impressed with the
state's ability to plan and run their own business. He doesn’t want the state telling agricultural
producers and others in that field how to run their business. New York Farm Bureau is
behind this effort and requested it. Let business run business. The state should stay out of
areas where they don't belong.
AUDITS:
A motion was made by Legislator Dibble, seconded by Legislator Fanton and carried,
A motion was made by Legislator Hopkins, seconded by Legislator Dibble and
COMMENTS:
Legislator Dibble reported on his recent canoe trip to look at a six-mile stretch of the
Genesee River with Representative Massa. During the spring thaw, if there is a lot of ice
pack in the hills, that volume of run-off added to the rains causes the loss of a lot of property
to Lake Ontario via the river. They are trying to solve the problem at the federal level, and he
is encouraged with the progress.
Chairman Crandall commented on the movie and other events for the kick-off of Aging
in Place Week. There are a lot of things going on in the County.
Legislator Pullen noted that earlier today, a ground-breaking ceremony took place for
the new Office for the Aging and Veterans' Agency facility at the Crossroads location. This is
long overdue; we can’t get our personnel into those facilities soon enough.
Dibble, seconded by Legislator Pullen and carried.
--------
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REGULAR SESSION - OCTOBER 26, 2009
United States Army Major H. Scott Spillane.
INVOCATION: The Invocation was given by Legislator Reynolds.
The Board meeting minutes of September 28, 2009 were approved on a motion made
by Legislator Dibble, seconded by Legislator Fanton and carried.
The Board meeting minutes of October 13, 2009 were approved on a motion made by
Legislator Reynolds, seconded by Legislator Hopkins and carried.
PUBLIC HEARING:
Chairman Crandall closed the regular meeting to hold a public hearing on Local Law
Intro. No. 2-2009 entitled, “A Local Law to Provide Increases in the Compensation of Certain
County Officers.” Comments from the public included the following:
William Wilson from Scio voiced his contention that since the federal government has
already said there is no inflation, and there will be no cost-of-living allowances for Social
Security recipients, there is no point in granting a six-plus percent increase in these people’s
compensation. It may be that the Legislature is satisfied with them, and they may be doing a
very good job, which is what they’re expected to do for their pay. If they are dissatisfied with
their positions because of what they’re being compensated, then let them seek employment
elsewhere. There would be a number of people in this County who would be qualified for
those positions. The County taxpayers can’t afford this. A lot of people are retired and can
do nothing about their income; they are at the mercy of forces they can do nothing about.
This is something the legislators can do something about. Mr. Wilson was not saying these
people are doing a bad job, but when they were hired, they knew what the compensation for
the position would be. If they are dissatisfied, let them make a public point of it and maybe
something can be done, but there shouldn’t be any reason for dissatisfaction with what their
compensation and benefit packages are. Mr. Wilson didn’t see the need at this point to add
to the taxpayers’ burden.
As there were no further comments, the public hearing was declared closed, and the
Board reconvened in regular session.
Chairman Crandall presented a certificate to H. Scott Spillane, former United States
Army Major and current Veterans’ Service Agency Director, in grateful appreciation of his
service to our Country. Mr. Spillane’s service dates were from August 1967 to September
1996. Following Basic Training at Fort Polk, LA, his duty stations included Fort Polk, LA; Fort
Knox, KY; and Fort Totten, NC. Overseas duty included the Vietnam War. Commendations
received included: Combat Infantry Badge, Bronze Star Medal, Purple Heart, Meritorious
Service Medal (2), Army Achievement Medal, and Gold Badge Recruiting Badge. Mr.
Spillane led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the
Veterans’ Honorary Pledge of Allegiance Program.
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Chairman Crandall presented a certificate to the November 2009 Employee of the
Month, Cheryl Wesche, from the Department of Social Services, in recognition of her hard
work and dedication to the County.
Gretchen Gary, Executive Director of the Soil and Water Conservation District,
presented the Agricultural Environmental Management (AEM) Farmer of the Year Award for
Allegany County to Jay, Joanne, and Kristin Cockle of Fillmore for their farm’s commitment to
soil and water conservation. The AEM roadside signs are well recognized in the farming
community across New York State to designate farms with environmental pride. They help to
make the public aware of this high level of commitment to protect the environment. Piloted in
New York State, AEM is a nationally recognized, voluntary program encouraging farmers to
run cleaner and greener. The program provides farmers with technical assistance and
financial resources to keep soil nutrients on the farm and the community’s water clean. Ms.
Gary gave a short history of the Cockle farm, and listed some of the recent project
accomplishments.
David Pullen, Chairman of the Court Facilities and County Space Needs Committee,
read a prepared statement regarding the Court Facilities Project lawsuit by the Allegany
County Citizens for Responsible Government:
“The big news last week was that the self-proclaimed “Citizens for Responsible
Government” has commenced a lawsuit against Allegany County. That claim, like
almost everything else about this group and this suit, is wrong, inaccurate and/or false.
The truth is that their lawsuit has not actually been commenced. Their paperwork is
riddled with mistakes and errors. As a practicing attorney I would be embarrassed and
ashamed to allow such documents out of my office with my name on them. Why
would the leaders and attorney for this group act in such an irresponsible manner?
The circumstances and surrounding facts provide a clear and unmistakable answer to
that question. Their motivation is purely political.
Why did they file their papers when they did? For three months they have
threatened to bring this suit. Now, exactly two weeks before the election they file their
papers. Why now? The answer is obvious. Two weeks provides enough time for
them to get some media coverage, but not enough time to actually have anything
decided by the Courts.
Why do these people want media coverage? Once again, the answer is
obvious. The attorney who brought the suit for this group is the Democratic candidate
for District Attorney. The person who signed the verification is the Chairperson of the
Allegany County Democratic Party. The most outspoken supporters of the suit are
Legislators Ungermann and Kruger. Unfortunately, Legislator Ungermann didn’t do
nearly as well in his primary as he may have expected. Legislator Kruger lost his
Republican primary election. These results must be hard to swallow for the selfproclaimed “voices” of the people. In my opinion this suit is a shameless gambit to
gain publicity for these candidates and the Democratic Party. Unfortunately, the media
has played along with them, and given them much more publicity than they deserve.
Thankfully the voters seem perfectly capable of seeing through these ploys and voting
on the merits.
If you have the opportunity, take a look at the Petition filed in the Clerk’s Office.
It is legally and professionally pathetic. In my opinion, the attorney who filed this suit is
incompetent and should be sanctioned by the Court. The Petition contains strike-outs
and errors. It looks like a rough draft that got sent out by mistake. Maybe that is the
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best explanation for how this came to be filed. The Order to Show Cause is unsigned,
and the proposed Temporary Restraining Order is incomplete, defective and
ineffective.
The facts about this suit need to be known. We need to set the record straight.
I urge this Board and the media to consider the following partial list of mistakes and
misrepresentations:
1.
The Petition was filed in the Allegany County Clerk’s Office on Tuesday
afternoon, October 20. That filing did not commence a lawsuit against Allegany
County. As of this morning, this group and their attorney have not commenced a
lawsuit against us. They have not served a Summons, Notice of Petition, or Order to
Show Cause. They have only filed some papers, some shoddy paperwork, in the
County Clerk’s Office.
2.
That paperwork contains strike-outs and corrections. Legislator Kruger was
apparently going to be one of the Petitioners. However, his name is crossed out,
which renders the Petition defective. The Petition states that this suit is being brought
by the Allegany County Citizens for Responsible Government, which is an
unincorporated association. CPLR §1025 authorizes the president or treasurer of an
unincorporated association to commence an action on behalf of an association.
However, the association cannot bring the suit in its own name. Apparently Attorney
Ross Scott didn’t know that. No individual or officer is named. Why were these bold
champions of the people unwilling to sign this Petition? I suspect it is because they
know that to do so would expose them to sanctions for frivolous litigation, for
damages, and to a requirement that they post a bond. Apparently none of these
“responsible citizens” were willing to step up to the plate and take that risk. However, I
don’t blame them. It was a wise choice given the flaws and deficiencies in this suit.
3.
The Petition requests a Temporary Restraining Order and Preliminary Injunction
against the County and State. However, the Petition fails to assert that there is any
“irreparable harm” that would justify either a TRO or an Injunction. This is basic legal
practice, something that every first-year law student should know. Didn’t Attorney
Ross Scott know he had to claim “irreparable harm”? Or did he know that it was
required, but simply couldn’t find any such harm to allege under oath?
4.
The Petition asks the Court to issue a Temporary Restraining Order or
Injunction, but fails to address the statutory requirement for an undertaking. I know
that Attorney Ross Scott knew about this requirement, because I personally told him
about it. He apparently decided to simply ignore the law. It appears that the members
of this group have a pattern of simply ignoring facts and realities they disagree with or
dislike. Fortunately, the legal system doesn’t tolerate that. General Municipal Law
§51 specifically requires that the Court set the amount of a bond, and that the
Petitioners post that bond.
5.
The Petition claims that Public Authorities Law §1680-c is unconstitutional. This
triggers a requirement that the Attorney General be served papers. However, Attorney
Ross Scott fails to even name the Attorney General as a party. As of today he has not
served the Attorney General. Didn’t he know that he had to serve the Attorney
General? Maybe he did. Maybe he decided to ignore it. Maybe he didn’t really want
the Attorney General to appear and defend this action. I would like to hear Attorney
Ross Scott explain these obvious deficiencies.
6.
The Petition claims that the court project is unnecessary and represents a
“waste” of taxpayer money.
However, the Petition actually contradicts itself.
Paragraph 5 states “The Allegany County Courthouse was built in 1936, and is in need
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of such improvements as accommodations for disabled persons, an additional
courtroom, attorney conference rooms, and better separation between the public, court
personnel, and prisoners.” This language effectively concedes the only factual dispute
in this case. It admits the only issue that OCA would have to prove. It removes any
doubt that Allegany County needs to undertake a capital project. Attorney Ross Scott
just gave away his entire case. Did he realize what he was doing? Did he understand
the significance of this admission? Perhaps you can make sense of it. I can’t.
7.
The Petition lacks a Summons or Notice of Petition, but includes an unsigned
Order to Show Cause. Any Supreme Court Justice from the Eighth Judicial District
could have signed that Order to Show Cause. Why didn’t the attorney for these
“responsible citizens” get a Judge to sign their Order to Show Cause? They had over
three months to do so. Maybe he didn’t know how? Maybe he didn’t know he needed
to? As a result of this oversight, there is no actual case against Allegany County.
There is no injunction. There is no Temporary Restraining Order. There is nothing.
And that is exactly what this lawsuit amounts to at this time. Nothing.
8.
The Petition alleges “upon information and belief” that Allegany County has
violated the State Environmental Quality Review Act. However, it provides no
affidavits or specific assertions to support these allegations. In truth, there are no facts
to support these allegations.
9.
The Petition asks the Court to set aside the Bond Resolution adopted on
January 12, 2009. Apparently Attorney Ross Scott is unaware that our bond resolution
included an Estoppel Procedure that requires all challenges to be brought within 20
days of its adoption. The Petition filed on October 20 is only nine months late.
Apparently Attorney Ross Scott doesn’t know that the relief he requested is barred by
statute.
10.
The Petition claims that the County Legislature violated SEQRA by not
including the purchase of the two houses on Court Street when it considered the Court
Project. The Petition claims that the primary purpose for buying those properties was
to provide parking for the Courthouse. Those claims are false. Parking has been a
problem around the County Courthouse for years. It has absolutely nothing to do with
the Courthouse Project. Legislators Ungermann and Kruger have said so themselves,
repeatedly. No decision has been made regarding the precise use for these
properties. They could be used to house the County Museum, or used for storage
facilities. The Petition suggests that the Office for the Aging should have gone there.
These allegations are pure speculation, nothing more.
All of this nonsense would be amusing, except for the potential downside to the
taxpayers and residents of our County. We are in the midst of a serious recession.
Very few building projects are currently underway. This is the perfect time to seek bids
and award contracts. Contractors are excited about having a chance to do this work.
This is also a good time to sell bonds for this project. Interest rates on municipal
bonds track the rates on U.S. Treasury bonds, which are at historic lows. Any delay in
awarding bids or selling bonds could increase our costs by millions of dollars. Is that
what these people want? If they want to play their silly games they must put up a
bond. They should pay the price for their foolishness. That risk should not fall on the
taxpayers.
The leaders and attorney for the Allegany County Citizens for Responsible
Government should be ashamed of themselves. They owe the taxpayers and
residents of Allegany County an apology. They also owe an apology to their own
members. The leaders have acted selfishly and irresponsibly. In my opinion Attorney
Ross Scott has failed to demonstrate a minimum level of professional competence.
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The members of this group had a right to expect better from their leaders and their
attorney. Instead these sincere citizens have been misled and exploited by their
leaders.
Our citizens have a right to be upset about high taxes and unconscionable
State mandates. They also have a right to hear the truth. You may not like what I say,
and you may not agree with me, but you can count on the truth and accuracy of my
facts.
So what happens now? I am prepared to make some predictions about that. I
predict that the Court, whenever it acts, will refuse to grant a Temporary Restraining
Order or Temporary Injunction. I predict that the Court will ultimately dismiss this suit
against Allegany County, and will allow this project to move forward. I expect the
Court to dismiss the suit against the State of New York and Judge Ann Pfau.
However, that will depend in large part on how the State chooses to defend itself. We
have no control over that. Finally, I hope and expect the Court to sanction Attorney
Ross Scott and the leaders who brought this suit for wasting its time, and taxpayer
resources. That would be a just and appropriate outcome.
The leaders of this group have shown their true colors. They are acting like
traditional liberal Democrats. They can’t win at the polls or with the public, so they are
now appealing to the Court System to set aside the decisions of the elected
representatives of the people. By doing so they are claiming that they know better
than the voters of Allegany County, or the leaders elected by those voters. I have
great confidence in the ability of the voters to figure out exactly what is going on here.
They will decide this one week from tomorrow on Election Day. I also have great
confidence in the legal system in this area to know exactly what the law requires. It
won’t take long for the Court to throw this case in the garbage, where it belongs.”
1.
November 2009 Calendar of Board and Standing Committee meeting dates.
Additions were noted.
1.
The County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Lien
for property in the Town of Wellsville in the Clerk of the Board’s Office on October 15, 2009.
2.
support of Allegany County’s resolution urging the Governor to appropriate ARRA money to
dairy farmers, and Allegany County’s resolution opposing proposed anti-gun owner legislation
in New York State.
3.
Correspondence from the Allegany County Area Foundation thanking the Board
for its donation and continued support.
4.
Reminder that the Allegany Business Center will be holding a Grant
Opportunities Workshop from 6 to 7 p.m. at the Crossroads Commerce & Conference Center
on October 28.
5.
Invitation from the Southern Tier West Regional Planning and Development
Board to attend a retirement party for Executive Director Donald Rychnowski at the Premier
Banquet Center in Olean on December 10, 2009.
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6.
Correspondence from the Allegany County
Government (ACCFRG) regarding the Courthouse Project.
Citizens
for
Responsible
PROCLAMATION:
Chairman Crandall proclaimed the week of October 25-31, 2009, as Winter Weather
Awareness Week in Allegany County, and urged all citizens to prepare for the upcoming
season by heeding the advice and information from the emergency management community
so that they can enjoy winter with a greater sense of comfort and safety.
Chairman Crandall proclaimed the week of October 25, 2009, as Agricultural
Environmental Management (AEM) Week in Allegany County, in recognition of AEM’s goal of
protecting and enhancing the environment while maintaining the economic viability of
agriculture.
RESOLUTIONS:
ADOPTION OF LOCAL LAW INTRO. NO. 2-2009, PRINT NO.1, IN RELATION TO
A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF
CERTAIN COUNTY OFFICERS
RESOLVED:
1.
That proposed Local Law, Intro. No. 2-2009, Print No. 1, is adopted without any
change in language, to wit:
COUNTY OF ALLEGANY
Intro. No. 2-2009
Print No. 1
A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF
CERTAIN COUNTY OFFICERS
BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New
York, as follows:
Section 1.
Commencing January 1, 2010, the annual salary of the incumbents of
the following County offices shall be as follows: Real Property Tax Director - $52,819;
County Clerk - $58,968; Personnel Officer - $51,101; Public Works Superintendent - $68,517;
Sheriff - $61,200; Public Health Director - $66,128; Employment and Training Director $60,574.
Section 2.
of State.
This local law shall take effect on the date of its filing with the Secretary
Adopted: Roll Call
(Memo: Following adoption per Resolution No. 189-09, Local Law Intro. No. 2-09 is now
subject to a 45-day period allowed for permissive referendum. If no petitions are received
during that time, the local law will be filed with the Secretary of State and assigned its
234
number, which will be Local Law No. 1-09, barring any local laws being approved in the
interim.)
Legislator Kruger noted that members of the public rarely speak out at public hearings, but a
gentleman shared his views today, and he is not alone in those views. There are many
people in the County that feel the same way. Employees at Dresser gave up 20 percent in
their last contract, and they feel fortunate to maintain where they were at. Other places are
holding off on raises; and in the private sector, raises are unheard of. The County should
follow suit. Mr. Kruger did not support the raises at this time.
Legislator Ungermann commented that some of the people on the list deserve raises;
however, the last unemployment figure was 12.8 percent. With so many of our senior
citizens on fixed incomes, he didn’t see how we could justify spending taxpayers’ money on
raises, not that some aren’t deserved.
Legislator O’Grady agreed with the previous comments and sympathized with the gentleman
from Scio, noting that his parents are also on fixed incomes; however, the employees
included in the resolution and others whose raises haven’t been decided are partially
responsible for taking the County from a deficit to a $9 million surplus. Most of them do a fine
job for the County. Mr. O’Grady didn’t believe we should balance the budget on the backs of
the employees. He agreed that the budget is a little high, but rather than persecuting the
people who helped us out of a deep hole, we need to examine the programs we have, the
cost of those programs, and downsize government in that way.
Legislator Russo stated that he wouldn’t be aiming his comments against any political party
or take part in politicking here. He’s seen that done today, and he doesn’t like it. We have
very fine people working for the County, they do a great job; however, he couldn’t, in good
conscience, approve pay raises while at the same time implementing tax increases for the
people paying for those raises. How do you explain that to the voters? He can’t and has
voted “No” on salary increases for the past seven years. Mr. Russo also requested that the
political comments be kept down. It’s not right. A lot of good comments were made, but
targeting political parties or people in those parties is getting too political, and that’s not the
purpose of these meetings.
RESOLUTION SETTING DATE OF PUBLIC HEARING ON
2010 COUNTY TENTATIVE BUDGET AND
PROVIDING CONTENTS OF SUCH NOTICE
WHEREAS, the 2010 County Tentative Budget has been presented to this Board
together with a copy of the proposed appropriation resolution, and
WHEREAS, it is necessary to hold a public hearing on the Budget before any further
action can be taken on the Budget and on the appropriation resolution, and
WHEREAS, it is necessary to provide notice to the public of such public hearing and
to also include in such notice or in a separate notice published in the same manner and at the
same time as such notice of public hearing, a statement of the maximum salary that may be
fixed and payable during the year 2010 to the members of the County Board of Legislators
and to its officers, now, therefore, be it
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RESOLVED:
1.
That a public hearing on the 2010 County Tentative Budget shall be held in the
Legislators' Chambers, Room 221, at the County Office Building, 7 Court Street, Belmont,
New York, at 7:00 p.m. on November 12, 2009.
2.
That the notice of public hearing shall include a statement that the 2010
maximum salary for members of the Board of Legislators and the maximum salary that may
be fixed and payable during fiscal year 2010 to the Majority Leader, Minority Leader and
Board Chairman, are as follows:
Members of the Board of Legislators
Chairman of the Board of Legislators
Majority Leader of Board
Minority Leader of Board
$8,500 annual
$8,500 annual
$300 annual
$300 annual
Adopted: Voice Vote
TRANSFER OF FUNDS WITHIN EMERGENCY SERVICES ACCOUNTS
RESOLVED:
1.
That the sum of $5,763 is transferred from Account No. A3640.4 (Public
Safety/EMS) to Account No. A3640.2 (Equipment), for the purchase of a reconditioned
defibrillator.
Adopted: Roll Call
(Memo: The defibrillator referred to in Resolution No. 191-09 was required for the EMS
Training Program. Revenues for the A3640.447 account come from the NYS Department of
Health EMS Bureau.)
TRANSFER OF FUNDS WITHIN SOLID WASTE ACCOUNT
RESOLVED:
1.
That the sum of $15,000 is transferred from Account No. A8160.1 to Account
No. A8160.4 to cover expenditures for the remainder of this year.
Adopted: Roll Call
236
TRANSFER OF FUNDS WITHIN COUNTY ROAD FUND ACCOUNTS
RESOLVED:
1.
That the sum of $70,000 is transferred from Account No. D5110.422 (County
Road – Gasoline/Oil) to Account No. D5142.408 (County Road – General Supplies), to cover
remaining expenditures for 2009 Snow Removal.
Adopted: Roll Call
TRANSFER OF FUNDS FROM RISK RETENTION CLAIMS APPROVED BY
SUPREME COURT ACCOUNT TO
RISK RETENTION PROFESSIONAL SERVICES ACCOUNT
RESOLVED:
1.
That the sum of $10,000 is transferred from Account No. CS1933.431 (Risk
Retention, Claims Approved by Supreme Court) to Account No. CS1937.435 (Risk Retention,
Professional Services).
Adopted: Roll Call
(Memo: The transfer approved in Resolution No. 194-09 was needed to cover estimated
expenses through the end of the year for higher than anticipated costs for professional
services related to claims against the County.)
RESOLUTION RETAINING BOVIS LEND LEASE LMB, INC. FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE
COURTHOUSE ADDITION AND RENOVATION PROJECT
Offered by: Court Facilities Committee
RESOLVED:
1. That Bovis Lend Lease LMB, Inc. is hereby retained according to their proposal
dated July 31, 2009 for Construction Management Services for the Courthouse Addition and
Renovation Project.
2. That the Chairman of this Board is authorized to execute any and all necessary
Adopted: Roll Call
237
(Memo: Resolution No. 195-09 approves an Agreement with Bovis Lend Lease LMB, Inc.,
from Syracuse, NY, for the delivery of a wide range of construction management services
associated with the Courthouse Addition and Renovation Project. Bovis was recommended
by the Court Facilities and County Space Needs Committee after the County solicited
proposals for these services. Bovis submitted a proposed fee of $630,000, which was the
lowest fee proposed by three competing firms.)
Legislator Kruger voiced his non-support due to the language in Resolved No. 2, “that the
Chairman of this Board is authorized to execute any and all necessary documents of every
nature and kind in order to effect the purpose of this resolution.” Fifteen legislators were
elected to office to make decisions, and this resolution grants the authority of fifteen elected
officials to one person. Chairman Crandall commented that the authority only extends to the
agreement. Mr. Kruger noted that there was no monetary limitation within the resolution itself
and no restriction of any kind. County Attorney Thomas Miner responded that the first
paragraph makes reference to the “proposal dated July 31, 2009,” and that limits the extent of
the authority granted. The second paragraph contains standard language to cover
anticipated paperwork, but it is limited by No. 1. Mr. Kruger reiterated that No. 2 clearly
states “any and all necessary documents of every nature and kind in order to effect the
purpose of this resolution.” If the purpose of the resolution is to hire Bovis for construction
management services as indicated in No. 1, and a quote has been provided, but that price is
not included in the resolution, so the Chairman is not limited to anything. Mr. Miner stated
that the language is typical and the granted authority is limited by the proposal.
Legislator Fanton commented that the Memorandum of Explanation includes the fee of
$630,000, even if the resolution doesn’t include it, and the contract with Bovis clearly states
the amount. Mr. Kruger remarked that the MOE was not worth the paper it was written on.
Legislator Ungermann pointed out that the $630,000 now brings us to more than $1 million
over the final budget estimate for the project, and we don’t know what the bids will be yet.
Legislator Hopkins commented of the issue of the selection of a Construction Manager over a
Clerk of the Works. He felt that the decision was a wise one. We will need that level of
oversight on a project of this size.
Resolution Intro. No. 206-09 (Approval of Final 2010 Allegany County Plan under
County Special Traffic Options Program for Driving While Intoxicated; Authorizing STOP DWI
Coordinator to Enter into Agreements for Services) was not pre-filed and was considered
from the floor on a motion made by Legislator Reynolds, seconded by Legislator Dibble and
carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
A motion was made by Legislator Reynolds, seconded by Legislator Hall and carried,
to grant Legislator O’Grady permission to abstain from voting on Resolution Intro. No. 206-09
(Approval of Final 2010 Allegany County Plan under County Special Traffic Options Program
for Driving While Intoxicated; Authorizing STOP DWI Coordinator to Enter into Agreements
for Services).
APPROVAL OF FINAL 2010 ALLEGANY COUNTY PLAN UNDER COUNTY
SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED;
AUTHORIZING STOP DWI COORDINATOR TO ENTER INTO
AGREEMENTS FOR SERVICES
238
Pursuant to Vehicle and Traffic Law § 1197
RESOLVED:
1.
That the final Allegany County 2010 STOP DWI Plan is approved and shall
replace on and after January 1, 2010, the Plan approved by Resolution No. 218-2008.
2.
That the STOP DWI Coordinator is authorized to enter into agreements with
Towns and Villages who wish to participate in the STOP DWI Program; all such agreements
to be in accordance with the approved Plan.
Adopted: Roll Call
Abstaining: O’Grady
(Memo: Regarding Resolution No. 196-09, the 2010 STOP DWI Plan Budget is $155,915.)
AUDITS:
the County Administrator (Opposed: Kruger, Ungermann). (Allegany County’s Local Dollar
COMMENTS:
Chairman Crandall pointed out that information including some of the history on the
WAG River Trail was distributed. When the project began, most of the current legislators
weren’t on the Board. Other legislators were involved in moving it along, but it’s evident that
from the start, one legislator who has been deeply involved is Legislator William Dibble. At
times, it seemed the project wasn’t going anywhere, but recently it has moved ahead.
Chairman Crandall thanked Mr. Dibble for his efforts. The project wouldn’t have been pushed
along if not for him.
Legislator Kruger responded to comments included in a recent newspaper article and
others made by Mr. Pullen regarding the Courthouse and that the leaders of the Allegany
County Citizens for Responsible Government were looking for political gain. Mr. Kruger
stated that he is not a member of the group, but attended meetings to listen to citizens
expressing their opinions. His only involvement or role was to listen to questions and answer
truthfully. He felt that members of the Board who are making a political deal out of it are
participating in dirty politics, as is granting Mr. Pullen privilege of floor at the last meeting prior
to election.
Legislator Ungermann referred to comments made by keynote speaker, Erie County
Executive Chris Collins, at the Republican fundraising dinner on Friday, which most of the
legislators attended. He stated that the only people we represent are the taxpayers, not the
state or federal government. If faced with unfunded state mandates, let them sue you. Mr.
Ungermann also noted that Mr. Collins spoke about not negotiating any more labor contracts
unless there was a contribution to health insurance and no guarantee of retiree health
239
insurance for new hires. Mr. Ungermann stated that he’s been preaching this for the past
four years. It’s what we need to hear and what we need to do.
Hopkins, seconded by Legislator Dibble and carried.
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REGULAR SESSION - NOVEMBER 9, 2009
United States Marine Corps Sergeant Andrew Litzinger.
INVOCATION: The Invocation was given by Legislator Pullen. (A moment of silence was
observed for the victims of the Ft. Hood shooting on November 5.)
ROLL CALL: 14 Present; 1 Absent (Legislator Kruger).
The Board meeting minutes of October 26, 2009 were approved on a motion made by
Chairman Crandall presented a certificate to Andrew Litzinger, former United States
Marine Corps Sergeant, in grateful appreciation of his service to our Country. Mr. Litzinger’s
service dates were from August 2002 to July 2008. Following Basic Training at Parris Island,
SC, duty stations included Camp Lejeune, NC; Naval Air Station Pensacola, FL; and Cherry
Point, NC. Overseas duty included three deployments to Iraq. Commendations he received
included: Good Conduct, 3 Iraq Campaign Medals (Global War on Terrorism Expeditionary,
Global War Service), and 3 Sea Service Medals (National Defense). Mr. Litzinger led the
Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’
Honorary Pledge of Allegiance Program.
Chairman Crandall recognized employees with thirty years of County service with the
presentation of framed certificates. Those present to be honored were: Angela Freeman, Sr.
Support Investigator; David George, Heavy Motor Equipment Operator II; Julie Hoshal,
Human Resource Assistant; Jeanette Kaiser, Principal Social Welfare Examiner; Sheila
Linnecke, Sr. Typist, Probation; and Virginia Mullen, Sr. Social Welfare Examiner. The
following employees will receive their certificates at a later date: Dean Hale, Motor
Equipment Operator I; Dawn Hebblethwaite, Principal Social Welfare Examiner; Scott
Kenyon, Heavy Motor Equipment Operator II; Rebecca Shafer, Community Service Worker;
and Kristina Stoll, Deputy County Clerk II.
Chairman Crandall presented a certificate to the December 2009 Employee of the
Month, Judy Ward, from the Department of Social Services, in recognition of her hard work
and dedication to the County.
Chairman Crandall presented a check, drawn on the Legislators’ Flower Fund, to
Allegany Senior Foundation President Wallace Higgins on behalf of the Board of Legislators.
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Mr. Higgins expressed his appreciation for the Board’s support and spoke briefly on the
Allegany Senior Foundation, which monitors and assists with any unmet needs of the Office
for the Aging. For the past four years, they have been active and successful, and they are
looking to the future while continuing their commitments. Some of the programs the
Foundation helps to support are Lifelife, Sharing Your Wishes, and Single Point of Entry. The
Foundation has promoted construction of new offices, which will soon begin, and they hope
to establish a senior center someday. Their newest venture is a website to provide
information and direct access for people.
Office for the Aging Director Kimberley Toot addressed the Board regarding the United
Way County Employee Campaign. Contributions support seventeen programs working to
make our County a better place to live: ACCORD, Allegany Arc, Mental Health Association,
Senior Foundation, Rural Health Network, Red Cross, Association for the Blind, Gil’s Hills,
Homecare and Hospice, Kinship Family and Youth Services, Literacy West, Salvation Army,
Southern Tier Library System, Southern Tier Traveling Teacher, Southern Tier Youth for
Christ, STEP Wilderness Adventures, and Wellsville Community Kitchen. Payroll deduction
of as little as $1 makes contribution relatively painless, but it is priceless for the people who
are helped by these agencies. Mrs. Toot related, as an example, a case where the Allegany
Senior Foundation provided Lifeline services through United Way contributions, allowing an
87-year-old woman with heart disease and balance problems to remain at home living
independently. United Way services focus on three impact areas: education, income, and
health. Each small donation makes a very big impact in our community.
Public Works Superintendent David Roeske reported on an award the department
received recently in Albany, which was given by the New York State Materials Association
Hot-Mix Asphalt Division. Public Works was involved in a competition with other projects
throughout the state, and won for work done on the Alfred County Road 12 Elm Valley project
and the Friendship County Road 20 project.
The following communications were acknowledged:
1.
On behalf of the Allegany County Capital Resource Corporation (ACCRC),
Hodgson Russ Attorney Daniel Spitzer filed a copy of the Application for Financial Assistance
for Cuba Hospital regarding the Cuba Hospital Assisted Living Project and Notice of Intent to
Act as Lead Agency for purposes of the SEQRA process in the Clerk of the Board’s Office on
October 28, 2009.
2.
Correspondence inviting Legislators to join the Arbor Development and the
Fountain Arts Center for an Open House Celebration at The Apartments at The Belmont, 48
Schuyler Street, Belmont, on November 20 at 1 p.m.
3.
Correspondence from NYS DEC Regional Director Abby Snyder regarding the
Board’s opposition to the closure of the NYS DEC Forestry Office in Belmont (Resolution No.
160-09). Ms. Snyder indicated that the DEC Forestry Office will be relocated to a site at the
DEC West Almond Maintenance Center which will reduce future state spending on lease
agreement for office space.
4.
Notice of next Fire Advisory Board meeting on November 19 at 8 p.m. in the
Public Safety Building.
5.
NYSEG News Release regarding electricity supply charges in effect January 1.
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PUBLIC HEARING, 2010 COUNTY TENTATIVE BUDGET, NOVEMBER 12, 2009
6.
The Allegany County Farm Bureau forwarded the following October 14, 2009
resolutions for review (all were forwarded to the Public Works Committee for consideration):









Resolution Reaffirming Support for the Agricultural Education Outreach Initiative and
its Components.
Resolution Urging Support in Crafting a Health Care Bill Promoting Needed Reform to
Benefit the Agricultural Industry and Other Rural and Small Town Residents.
Resolution Requesting Attention to a Joint Effort to Achieve Channeled Stream Work
within the Banks of the Genesee River in Allegany County Which Would Direct Water
Flow Away From Agricultural Lands and Town and State Highways which are Under
Constant Threat of Increased Bank Erosion.
Resolution in Support of the County’s Part of Medicaid being Taken Over by the State.
Resolution Supporting an Amendment in Section 1619 of the 2008 Farm Bill so that
Certified General Real Estate Appraisers will be able to Obtain Needed Information.
Resolution Urging Support in Opposing Passage of Climate Change Legislation until
Other World Countries are in a Mindset and Position to Join in Such an Action.
Resolution Urging Support in Directing the Food and Drug Administration to Conduct
Scientific Testing of MPCs (milk protein concentrates) to Determine if They Qualify as
a Safe Food.
Resolution Urging Support in Repealing the Utilities Assessment Tax.
Resolution Urging Support for a Higher Exemption and a Lower Tax Rate for Estate
Tax Reform to Help Maintain the Farming Operation Transfer from One Generation to
the Next.
RESOLUTIONS:
RESOLUTION INTRO. NO. 207-09 (RESOLUTION AMENDING BOARD RULES TO
CLARIFY HOW VARIOUS MOTIONS ARE HANDLED; AMENDING BOARD RULES TO
ELIMINATE THE COURT FACILITIES AND COUNTY SPACE NEEDS STANDING
COMMITTEE AND CREATE A NEW PLANNING AND ECONOMIC DEVELOPMENT
STANDING COMMITTEE; AMENDING BOARD RULES TO ELIMINATE AND RENUMBER
CERTAIN RULES DUE TO DUTIES BEING ASSUMED BY NEW PLANNING AND
ECONOMIC DEVELOPMENT COMMITTEE) was WITHDRAWN AND REFERRED BACK
TO COMMITTEE following a motion made by Legislator Reynolds, seconded by Legislator
Dibble and carried.
A motion was made by Legislator Ungermann to TABLE Resolution Intro. No. 208-09
(Reappointment of Commissioner of Social Services). The motion failed, as it did not receive
a second.
REAPPOINTMENT OF COMMISSIONER OF SOCIAL SERVICES
Pursuant to Social Services Law §§ 65 and 116
RESOLVED:
1.
That Patricia Schmelzer is reappointed Commissioner of Social Services for a
term of five years commencing December 13, 2009, and expiring December 13, 2014.
Moved by: Mr. Truax
Adopted: Voice Vote
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AUTHORIZING WAYS AND MEANS COMMITTEE OF THE
COUNTY BOARD OF LEGISLATORS TO ACT AS TOURIST PROMOTION AGENCY
AND TO APPLY FOR STATE FUNDS FOR TOURISM PROMOTION PURPOSES
Offered by: Curtis W. Crandall, Chairman Board of Legislators
Pursuant to Article 5-A of the Economic Development Law
RESOLVED:
1.
That the Ways and Means Committee of this County Board of Legislators is
authorized to act as a tourist promotion agency and to apply for state funds up to $500,000
for tourism promotion purposes.
2.
That if the application for the funding is approved, such Committee shall submit
the grant agreement to this Board for approval and appropriation of such funds prior to
commencing any work pursuant to the terms of the grant agreement or expending any of
such funds.
3.
to the New York State Commissioner of Economic Development.
Adopted: Roll Call
AUTHORIZING SALE AND CONVEYANCE OF COUNTY'S INTEREST IN
REAL PROPERTY IN TOWN OF FRIENDSHIP TO DENNIS GOSS;
AUTHORIZING CHAIRMAN TO EXECUTE DEED
WHEREAS, the County is the owner of certain real property located in the Town of
Friendship, and
WHEREAS, such property is land-locked, is not being occupied or used by the
County, and there is no planned use of it by the County, and
WHEREAS, Dennis Goss of Sanborn, New York has offered to purchase such
property for $4,500, now, therefore, be it
RESOLVED:
1.
That this Board authorizes the sale by quit claim deed to Dennis Goss of
Sanborn, New York the following described premises in the Town of Friendship, County of
Allegany and State of New York and bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Friendship, County
of Allegany, State of New York, being a portion of Great Lot No. 6, Township No. 3, Range
No. 1 of the Holland Land Company Survey and being more particularly bounded and
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Beginning at a Point marked by a capped iron rod found at the four-way lot corner
which separates Great Lot Numbers 6, 7, 14 & 15;
Thence N 89º 42’ 49” E along the division line between Great Lot No. 6, on the south
and Great Lot No. 7, on the north a distance of 653.28 feet to a point marked by a capped
iron rod found at the intersection of the division line between Great Lot No. 6 & No. 7 and the
northwesterly bounds of Interstate Route No. 86 formerly known as the Southern Tier
Expressway;
Thence along the northwesterly bounds of the said highway the following two (2)
courses and distances: 1. S 31º 29’ 56” W a distance of 432.46 feet to a point marked by a
New York State Concrete monument; 2. S 29º 43’ 47” W a distance of 828.65 feet to a point
marked by a capped iron rod found at the intersection of the said highway bounds and the
north-south division line between Great Lot No. 6, on the east and Great Lot No. 14, on the
west;
Thence N 00º 51’ 55” W along the division line between Great Lot No. 6 & No. 14 a
distance of 1,085.18 feet to the Point and Place of Beginning of the parcel herein described.
Containing 8.010+/- Acres
Intending to describe a portion of lands acquired by the County of Allegany as
evidenced by a deed recorded in Liber 1626 of Deeds at page 200.
EXCEPTING and RESERVING to grantor, his successors and assigns, all oil, gas and
minerals in, under and upon the above described property.
SUBJECT TO all easements and rights of way of record or visible possession.
TOGETHER with all the appurtenances and all the estate and rights of the party of the
first part in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the party of the second
part, his successors and assigns forever.
The County of Allegany shall in no event be or become liable for any defects in or
encumbrances or liens on the title hereby conveyed for any cause whatsoever. No claim or
demand of any nature that arises from this sale or any of the proceedings leading hereto shall
ever be made against the County of Allegany.
It is understood and agreed that the County of Allegany is hereby conveying only such
land as aforesaid and described above, and that said property shall be located and laid out
by and at the expense of the party of the second part.
The transferor(s) herein certify that the within description does not split or combine
assessment parcels and that the recording of this deed will not result in the alteration or
change to or amendment of an existing tax map.
2.
That the Chairman of this Board is authorized to execute and deliver a quit
claim deed for said premises upon payment of the amount of $4,500 by purchaser.
3.
That the costs of any taxes, transaction fees are to be borne by the purchaser.
Adopted: Roll Call
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ACCEPTING AND APPROPRIATING HOMELAND SECURITY PROGRAM FUNDING
FOR ADDITIONAL SERVICES UNDER COUNTY EMERGENCY PREPAREDNESS
EFFORTS FOR THE H1N1 OUTBREAK AND PLANNING
RESOLVED:
1.
That the sum of $27,778 for Allegany County preparedness efforts for the H1N1
outbreak and planning is accepted.
2.
That the accepted sum of $27,778 is appropriated as follows: $6,500 to Account
No. A4010.1, $14,778 to Account No. A3645.2, and $6,500 to Account No. A3645.4, with a
like sum credited to Revenue Account No. A10.3306.HTH9.
Moved by: Mr. Truax
Adopted: Roll Call
ACCEPTING AND APPROPRIATING FUNDS IN SOCIAL SERVICES ACCOUNTS
DUE TO INCREASE IN PROGRAM COSTS AND
TRANSFER OF FUNDS WITHIN SOCIAL SERVICES ACCOUNTS
RESOLVED:
1.
That the sum of $2,205,000 is accepted and the following Appropriation and
Revenue Accounts are increased, as follows: $205,000 to Account No. A6101.4, $2,000,000
to Account No. A6150.4, with a sum of $102,500 to Revenue Account No. A11.4601.00,
$102,500 to Revenue Account No. A10.3601.00, and $2,000,000 to Revenue Account No.
A11.4650.00.
2.
That the sum of $387,000 is transferred between the following accounts as
follows: $2,500 from Account No. A6010.1, $199,500 from Account No. A6010.4, $150,000
from Account No. A6119.4, and $35,000 from Account No. A6109.4, and the sum of
$387,000 is transferred as follows: $2,500 to Account No. A6010.1, $5,000 to Account No.
A6010.2, $194,500 to Account No. A6010.4, $150,000 to Account No. A6070.4, $25,000 to
Account No. A6140.4, and $10,000 to Account No. A6142.4.
Moved by: Mr. Truax
Adopted: Roll Call
ACCEPTING AND APPROPRIATING FUNDS WITHIN
OFFICE FOR THE AGING PROGRAM ACCOUNTS
RESOLVED:
245
1.
That the sum of $24,500 for increases in the OFA – S.N.A.P. Program is
accepted and appropriated as follows: $20,000 to Account No. A6779.4, and $4,500 to
Account No. A6776.4, with a sum of $20,000 credited to Revenue Account No. A09.2801.36
and $4,500 to Revenue Account No. A02.1972.09.
2.
That the sum of $22,871 for the OFA – Weatherization and OFA – Title III-E
Family Caregiver Programs is accepted and appropriated as follows: $5,592 to Account No.
A6784.1, $10,000 to Account No. A6784.4, $2,000 to Account No. A6784.8, and $5,279 to
Account No. A6786.4, with a sum of $17,592 credited to Revenue Account No. A11.4772.08
and $5,279 to Revenue Account No. A11.4772.10.
3.
That the sum of $6,000 for a new Medicare Improvements for Patients and
Providers Act (MIPPA) grant is accepted and appropriated as follows: $3,402 to Account No.
A6774.1, $1,735 to Account No. A6774.4, $863 to Account No. A6774.8, with a like sum
credited to Revenue Account No. A11.4772.02.
Moved by: Mr. Truax
Adopted: Roll Call
ACCEPTANCE OF FUNDS FROM NEW YORK MUNICIPAL INSURANCE RECIPROCAL
(NYMIR) AND APPROPRIATION OF SAME TO RISK RETENTION ACCOUNTS
WHEREAS, a check in the amount of $230, representing the cost, less a $500
deductible, to repair a County vehicle that was damaged when the vehicle struck a deer on
September 15, 2009, has been offered by NYMIR in settlement for property damage caused
by such accident, now, therefore, be it
RESOLVED:
1.
That the sum of $230, representing the cost, less deductible, to repair said
County vehicle is accepted.
2.
That the accepted sum of $230 is appropriated to Account No. CS1931.429
(Risk Retention – Uninsured Property Loss), with a like sum credited to Revenue Account No.
Adopted: Roll Call
(Memo: The vehicle referred to in Resolution No. 203-09 was a Public Works 2005 Chevrolet
Silverado Truck.)
TRANSFER OF FUNDS WITHIN SELF-INSURANCE PLAN ACCOUNTS
RESOLVED:
1.
That the sum of $60,600 is transferred to cover insufficient funds in Accounts
for the Plan year ending December 31, 2009, as follows: $600 from Account No. S1710.402,
246
$5,000 from Account No. S1710.406, $20,000 from Account No. S1710.409, and $35,000
from Account No. S1720.406, with the sum of $6,600 to Account S1710.430, $50,000 to
Account No. S1720.430, and $4,000 to Account No. S1720.431.
Moved by: Mr. Hall
Adopted: Roll Call
(Memo: The transfers approved by Resolution No. 204-09 were necessary to cover
unbudgeted consulting audit costs and unanticipated higher costs for claimant medical and
mileage.)
TRANSFER OF FUNDS FROM CONTRIBUTED RESERVES ACCOUNTS
TO SELF-INSURANCE PLAN ACCOUNT
RESOLVED:
1.
That the sum of $245,000 is transferred to cover insufficient funds for the Plan
year ending December 31, 2009, as follows: $22,700 from Account No. S853.0000 and
$222,300 from Account No. S882.0001, to Account No. S1720.430.
Moved by: Mr. Hall
Adopted: Roll Call
(Memo: The transfers approved by Resolution No. 205-09 were necessary to cover overruns
in claimant medical, primarily due to two significant volunteer fire events which resulted in
multiple surgeries and extended hospital stays.)
RESOLUTION INTRO. NO. 217-09 (APPROVAL OF AGREEMENT WITH
COVENTRY WORKERS’ COMP SERVICES) was WITHDRAWN following a motion made
by Legislator Hall, seconded by Legislator Ungermann and carried.
Resolution Intro. No. 218-09 (Resolution Creating the Position of Correction Master
Sergeant in the Sheriff’s Department) was not pre-filed and was considered from the floor on
a motion made by Legislator Hall, seconded by Legislator Hopkins and carried by an
affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION CREATING THE POSITION OF
CORRECTION MASTER SERGEANT IN THE SHERIFF’S DEPARTMENT
RESOLVED:
1.
That the position of Correction Master Sergeant is hereby created.
Moved by: Mr. Hall
Adopted: Roll Call
Voting No: Benson, Hopkins, O’Grady, Pullen
247
(Memo: The position created by Resolution No. 206-09 will replace the existing title of
Assistant Jail Administrator. It will not result in a new hire.)
Resolution Intro. No. 219-09 (Resolution Approving Snow Removal and Ice Control
Contract between County of Allegany and the Town of Birdsall) was not pre-filed and was
considered from the floor on a motion made by Legislator Fanton, seconded by Legislator
Reynolds and carried by an affirmative voice vote of the requisite two-thirds of the Board
membership.
RESOLUTION APPROVING SNOW REMOVAL AND ICE CONTROL CONTRACT
BETWEEN COUNTY OF ALLEGANY AND THE TOWN OF BIRDSALL
Pursuant to Highway Law § 135-a
WHEREAS, the Public Works Committee and the County Superintendent of Public
Works have recommended to this Board that they approve the proposed contract between
the County of Allegany and the Town of Birdsall in Allegany County for the removal of snow
from County Roads and for sanding or otherwise treating them for the purpose of removing
the danger of snow and ice, now, therefore, be it
RESOLVED:
1.
That Snow Removal and Ice Control Contract between the County of Allegany
and the Town of Birdsall in Allegany County for a term covering one (1) season beginning
and ending with the 2009-2010 snow season, is approved.
2.
That an executed duplicate original of such Contract shall be filed in the office
of the Clerk of this Board along with a certified copy of such Town Board resolution approving
such Contract.
3.
to the Town Clerk of such Town for filing in his or her office.
Adopted: Roll Call
(Memo: Following the addition of the Town of Birdsall with Resolution No. 207-09, there are
27 of the 29 towns participating in the Snow Removal and Ice Control Contract. See also
Resolution Nos. 156-07 and 97-08.)
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Hopkins and carried,
A motion was made by Legislator Truax, seconded by Legislator Hopkins and adopted
Administrator (Voting No: Ungermann). (Allegany County’s Local Dollar Share of the NYS
248
Legislator O’Grady questioned if all of the funds for the Genesee River Mitigation
Project had been recouped from the state. County Administrator John Margeson replied that
it has all been received.
COMMENTS:
Legislator Pullen encouraged support for the annual program conducted by Social
Services whereby individuals and agencies can sponsor a child involved with County services
by providing Christmas gifts, as a way of showing concern for our disadvantaged youth.
Legislator Ungermann urged everyone to volunteer an hour of their time to ring the
Salvation Army kettle bell. It’s a humbling experience and a way of getting in touch with the
taxpayers of the County.
Truax, seconded by Legislator Pullen and carried.
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PUBLIC HEARING
2010 ALLEGANY COUNTY TENTATIVE BUDGET
NOVEMBER 12, 2009
Legislators present: G. Benson, D. Burdick, C. Crandall, W. Dibble, D. Fanton, W. Hall, T.
Hopkins, D. Pullen, D. Russo, N. Ungermann; Legislators-Elect: D. Cady, K. LaForge
Others present: A. Finnemore, J. Margeson, T. Miner, B. Riehle, T. Ross, P. Schmelzer;
Members of the Public (4); Media: J. Loyd, Olean Times Herald; R. Mangels, WJQZ
Radio; B. Quinn, Wellsville Daily Reporter
The public hearing on the 2010 Allegany County Tentative Budget was declared open
at 7:00 p.m. by Chairman Curtis W. Crandall, who then led the Pledge of Allegiance to the
Flag. Invocation was given by Legislator Pullen.
Chairman Crandall welcomed those present and turned the meeting over to County
Administrator/Budget Officer John Margeson. Mr. Margeson requested that the Clerk of the
Board read his 2010 Budget Message:
Budget Message for the 2010 Allegany County Tentative Operating Budget:
“The Allegany County Tentative Operating Budget for fiscal year 2010 calls for
Appropriations totaling $110,792,718 and Revenues totaling $83,653,684.
Total
Appropriations have increased by $5,401,287, or 5.1 percent over total Appropriations in the
2009 Final County Budget, and total Revenues have increased $3,643,397, or 4.5 percent
over total Revenues in the 2009 Final Budget.
The amount required to be raised by County real property tax in order to balance the
Budget is $27,139,034, or 6.9 percent more than the amount raised in 2009. However, as a
result of an increase of $77.5 million in taxable assessed value which occurred from 2009 to
2010, the increase in the County property tax rate rose by only 1.77 percent. The Average
County Tax Rate in 2009 was $16.62 per one thousand dollars of assessed value. The 2010
rate, based on the Tentative Budget, increased to $16.91 per one thousand dollars of
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assessed value. The amount of County property tax paid on a home with an assessed value
of $50,000 in 2009 was $831. Based on the Tentative Budget, the property tax bill in 2010
for that same home (assuming the assessed value has not changed) will be $845, or $14
more.”
Mr. Margeson explained the procedure for the budget hearing by reading the following:
“Good evening and welcome to tonight’s public hearing on the 2010 Tentative County
Operating Budget. The purpose of this hearing is to give the public the opportunity to
become familiar with the Tentative Budget, ask questions as to its contents, and offer
comment for the benefit of the members of the Board of Legislators.
The format we will follow tonight in reviewing the Tentative Budget is identical to the
format we have used for several years. If you do not have a copy of the Tentative Budget
and would like one, they are available on the table in the back of the room.
The Appropriations portion of the Budget, which is the only portion we review during
the public hearing, is comprised of 18 major cost centers beginning with General Government
Support and ending with Debt Service Fund. The Clerk of the Board will read the total
appropriated amount for each major cost center. We will then pause and ask if anyone has a
question or comment with regard to that specific cost center or any departmental budget
contained in that cost center. Once questions have been addressed, or if there are no
questions or comments, we will proceed until we have worked through the entire budget.
On a final note, I would like to remind those in attendance that the sole purpose of this
hearing is to address the Tentative Budget. This hearing is not intended as a forum to debate
the value or necessity of particular County agencies or programs. Anyone who has a desire
to express his or her opinion with regard to individual programs or services should do so with
your elected legislative representatives at another time.”
The Clerk of the Board read each major category of the Budget Appropriations, along
with the corresponding total. A summary of comments and questions pertaining to each
category is included below, with answers indicated in italics:
Total General Government Support - $7,907,782
Gudron Scott, Independence, commented on the Board's decision to give raises or
bonuses to Department Heads. She read from a New York Times article dated November
10. Governor Paterson was quoted as saying, “We stand on the brink of a financial challenge
of unprecedented magnitude in the history of this state. This is a historic moment. We’re
going to have to make historic decisions.” The article went on to say, “While the state faces a
deficit of more than $3 billion for the remaining four and one-half months of this fiscal year,
the greater worries among state officials are the unprecedented deficits the state faces in
2011 and 12, after the expiration of federal stimulus financing and a temporary tax increase
on the wealthy.” The State Comptroller has estimated that the deficit for the remainder of the
current fiscal year is even more than $3 billion; it’s $4 billion. Ms. Scott commented that
under these circumstances and what will be facing the Legislators for the next four years, this
is not the time to give raises or bonuses to anyone. These raises will be paid for by people
who are not getting any raises, but quite the contrary. Alstom has said there will be 500
people laid off in Hornell, and some of those will be Allegany County residents; farmers’ milk
prices have plummeted; and there will be no increases in Social Security payments because
there was no increase in the overall cost-of-living index. Because of this financial crisis, we
can’t assume the state will pay everything they have always said they will pay. They have
said they will pay up to one-third of the interest on the $13.5 million bond for the Courthouse
expansion, but they never said exactly what they would pay. That will be affected by the
current financial crisis.
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Cindy Gowiski, Birdsall, referred to Account A1990 Contingent and questioned why the
Budget Officer recommended $1 million when the Department Head requested $500,000.
Budget Officer John Margeson stated that he was the Department Head that originally
requested the $500,000, but after subsequent conversations with the Budget Committee, it
was the general consensus that Contingency should be raised to $1 million. Mr. Margeson
felt that in 2010, there will be an enhanced effort for economic development in the County
that will require some County expenditure.
Total Education - $2,832,400
Total Public Safety - $9,037,448
Cindy Gowiski asked what the bulk of the $1.2 million increase in Public Safety was
for, and if it was mainly law enforcement. Mr. Margeson pointed out that total expenditures in
Public Safety have gone down. In 2009, the total appropriation was $10.9 million, and the
2010 Tentative Budget shows a total appropriation of $9 million. (Ms. Gowiski withdrew her
question.)
Total Health - $5,401,218
Total Bus Transportation - $756,000
Gudron Scott commented that she was hopeful that the County will eventually have
actual public transportation. There are some people who want public transportation, not just
for medical appointments, but for other things like jobs. There could be a lot more
improvement and more communication so that people realize the County is trying to do this.
Total Economic Assistance & Opportunity - $36,632,969
Total Culture and Recreation - $493,096
Total Home & Community Services - $2,180,786
Total Undistributed - $21,140,838
Grand Total General Fund - $86,382,537
Total WIA Grant Fund - $1,226,854
Total Risk Retention Fund - $333,500
Total Risk Retention - Health Fund - $5,940,000
Grand Total County Road Fund - $9,629,496
Grand Total Road Machinery Fund - $1,263,754
Grand Total Capital Projects Fund - $2,120,447
Cindy Gowiski asked what accounted for the $1 million difference between 2009 and
2010 total Capital Projects Fund appropriations. Is it Jail debt service or Courthouse or both?
Mr. Margeson responded that Jail debt service would not be identified in that fund, nor would
the Courthouse project. The Capital Project Fund identifies predominantly the bridge projects
the County is doing. In fact, for 2010, that fund is entirely made up of bridge repair or
replacement.
251
Ms. Gowiski questioned how many bridges are slated for replacement. Mr. Margeson
replied that current plans include three County bridges and one Town bridge. Normally three
or four projects are done, and four are scheduled for 2010.
Ms. Gowiski asked why $1 million more was budgeted if there wasn't an increase in
the number of projects scheduled. She was hoping five or six projects would be done to
catch up on the bridges put on delay.
Total Self Insurance Fund - $815,080
Total Debt Service Fund - $3,081,050
Cindy Gowiski questioned if this fund included the Jail payment, and if the amount was
entirely Jail payment. County Treasurer Terri Ross explained that Schedule 4, Statement of
Debt, on page 58 indicates the debt schedule and payment of principal to be made for each
bond in 2010, including the Jail. No interest is included, only principal.
General Comments:
Cindy Gowiski commented that had the $77.5 million in assessment increase not
occurred, this Budget would have represented a nearly seven percent increase in the tax
levy. Ms. Gowiski’s concern is that if we’re spending seven percent more in a year when
we’re not even yet paying for the Courthouse addition, what can we expect in the near
future? We may be heading for a catastrophic bankruptcy in this County for our taxpaying
property owners. We’re stretched to the maximum now. Cattaraugus County’s tax rate per
thousand is $12.64 and Steuben County’s is $8.75. They each have a much larger tax base,
but if we’re looking at a tax rate of almost $17 per thousand, who’s going to want to come
here to help build up the tax base? We’re going to continue pushing people out of the
County, and there’ll be fewer of us to spread this burden on. We need to start making some
cuts in services. At a previous meeting, Legislator O’Grady made some suggestions for cost
savings measures and none of them were even considered. When are we going to start
tightening our belt?
Legislator Ungermann expressed his concern that the $77.5 million in increased
assessment didn’t come from new construction; it came from reassessments. Maybe in
Allegany County the average value of a house is $50,000, but the state average is $130,000,
which is an indication that this is a pretty poor county. If we had built something in the
County to generate that $77.5 million increase in assessed value, that would be great, but we
didn’t. We just shifted the burden.
Legislator Fanton pointed out that Alstom’s and Friendship Dairy’s expansions were
probably a part of that increased assessment. Mr. Margeson responded that Alstom would
have been, but he wasn’t sure Friendship Dairy got on the rolls in time. If they didn’t make it
this year, it’ll show up next year.
Cindy Gowiski noted that the increase in assessment for the Town of Cuba alone was
$38 million. That’s over half right there in a poorly done re-evaluation. Clarksville accounted
for $15 million, Bolivar accounted for $7 million, and New Hudson accounted for $5 million.
Just a few towns made up that $77.5 million increase in assessed value. Whatever Alstom
and Friendship Dairy contributed was less than what these little towns contributed in reassessments.
Adjournment: The public hearing was closed at 7:35 p.m. following a motion to adjourn
made by Legislator Hopkins, seconded by Legislator Fanton and carried.
--------
252
REGULAR SESSION - NOVEMBER 23, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by active
United States Army 1st Lieutenant Trenton K. Roeske.
ROLL CALL: 14 Present; 1 Absent (Legislator Russo).
The Committee of the Whole (Budget discussion) meeting minutes of November 9,
2009 were approved on a motion made by Legislator Pullen, seconded by Legislator Dibble
and carried.
The Board meeting minutes of November 9, 2009 were approved on a motion made
by Legislator Truax, seconded by Legislator Fanton and carried.
The 2010 County Tentative Budget Public Hearing minutes of November 12, 2009
were approved on a motion made by Legislator Truax, seconded by Legislator Hopkins and
carried.
Chairman Crandall presented a certificate to Trenton K. Roeske, United States Army
1st Lieutenant, in grateful appreciation of his service to our Country. Mr. Roeske’s service
dates are May 2008 to the present. Bases and assignments include Fort Lewis, WA; Fort
Knox, KY; Fort Sill, OK; Fort Benning, GA; Fort Leonard Wood, MD; Fort Drum, NY;
Connecticut St. Armory in Buffalo, NY; and Hohenfels, Germany. Commendations Mr.
Roeske received include: State Active Duty Ribbon, Overseas Training Ribbon, National
Defense Service Ribbon, and Army Service Ribbon. Mr. Roeske led the Pledge of Allegiance
to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of
Allegiance Program.
1.
December 2009 Calendar.
2.
Report of Intrafund Transfers Approved by the County Administrator in October.
3.
223-09).
2010 Allegany County Budget (contingent on approval of Resolution Intro. No.
1.
The Town of Caneadea filed a copy of their resolution adopting a
Comprehensive Plan in the Clerk of the Board’s Office on November 16, 2009.
2.
Correspondence forwarded by the Friendship Empire Zone from Senator
Catharine Young regarding changes made to the Empire Zone during the 2009-10 New York
State Budget.
253
BOARD OF LEGISLATORS SESSION MINUTES, NOVEMBER 23, 2009
3.
Correspondence from Gary LaChance of Centerville regarding Amish buggies
on County Road 3 in Centerville.
4.
Correspondence from the Allegany Senior Foundation thanking the Board for its
contribution and ongoing support.
5.
Copy of correspondence from Dutchess County Executive regarding the use of
Project Labor Agreements for county projects.
6.
Correspondence from Donald Fanton of Wellsville regarding the November 12
Public Hearing on the 2010 Tentative Budget.
RESOLUTIONS:
RESOLUTION AMENDING RESOLUTION NOS. 258-85, 259-06, AND 142-09
REGARDING RETIREE HEALTH INSURANCE
RESOLVED:
1.
That paragraph “2.” of Resolution No. 259-06, as amended by Resolution No.
142-09, is hereby amended to read as follows:
That all new employees hired after January 1, 2010, will not receive any health
care benefits after their retirement. Employees who are hired before the
January 1, 2010, date and who receive a lateral transfer from a unit to a nonunit or Department Head position, will continue to receive health insurance
upon retirement.
2.
That sub-paragraph (3) of section 14.H. of Resolution 258-85 is also hereby
amended to read as follows.
That all new employees hired after January 1, 2010, will not receive any health
care benefits after their retirement. Employees who are hired before the
January 1, 2010, date and who receive a lateral transfer from a unit to a nonunit or Department Head position, will continue to receive health insurance
upon retirement.
3.
Moved by: Mr. Hall
Adopted: Roll Call
Voting No: Kruger
Legislator Kruger expressed his belief that some of the resolution’s language is part of
collective bargaining agreements, and the Board would be guilty of improper practice and
failure to bargain in good faith if the resolution is approved. Anything contained in collective
bargaining agreements has to be negotiated for. For 20 years, the County has been reducing
benefits of new employees (vacation time, health insurance contributions), and this is one
more example. We could find ourselves in a position where it will be difficult to hire qualified
254
individuals. The only reason for doing this is saving money, but that shouldn’t be the only
consideration. Chairman Crandall noted that the resolution doesn’t change the language in
any bargaining agreement.
Legislator Pullen pointed out that the County is currently in negotiations with every collective
bargaining unit. This issue has been brought up with each of them, and it’s understood and
has been explicitly addressed that even though it doesn’t appear in any of the agreements, it
has always been this policy. County leadership is well aware that we have to negotiate to
change it, but it begins here and would apply to anyone not in a bargaining unit.
RESOLUTION APPROVING THE COMPENSATION OF UP TO SIXTEEN
FIELD TRAINING OFFICERS (FTO) EMPLOYED BY THE ALLEGANY COUNTY
SHERIFF’S OFFICE WHEN PARTICIPATING IN THE FIELD TRAINING PROGRAM
RESOLVED:
1.
This Board approves an additional $500 stipend per year compensation for up
to sixteen Field Training Officers (FTO) employed by the Allegany County Sheriff’s Office
when they participate in the Field Training Program.
Adopted: Roll Call
Voting No: Kruger, McCormick, Ungermann
(Memo: The stipend approved by Resolution No. 209-09 reflects will reflect the additional
duties assigned to Field Training Officers during training periods, as well as having to perform
their regular duties.)
Legislator Reynolds explained that Field Training Officers train new Correction Officers, and
after doing that awhile, it can get tiresome because it changes their entire schedule. The
Sheriff had proposed additional compensation for the extra work involved to train the new
people, and Legislator O’Grady suggested the flat-rate stipend, in order to help retain FTOs.
Mr. O’Grady clarified that he had suggested a stipend between $250 and $500, rather than
adding to an hourly wage, to eliminate base-pay and overtime issues. Mr. O’Grady explained
that FTOs train new employees every shift, and it does wear on them after years of doing it.
You could make them do it and not compensate them for it, but it’s a matter of quality.
Legislator Kruger questioned if the Sheriff’s office is accredited by any NYS agency to allow
them to do their own training. He was concerned that if we have an FTO job position,
whether they are certified to do the training to begin with. Mr. O’Grady responded that the
state gives training and certification through the Division of Criminal Justice Services. You
don’t have to be an accredited agency to supply field training for your officers. They are
certified officers. Mr. Kruger stated that they may be certified to perform their own duties as
officers, but he didn’t believe that certification also allows them to train. Mr. O’Grady stated
that it does.
255
AMENDMENT OF 2010 COUNTY TENTATIVE BUDGET
RESOLVED:
1.
follows:
That the 2010 County Tentative Budget dated October 2, 2009, is amended as
Appropriations:
Account No.
A1990.429
A9560.904
H5120.200
Account
Contingent
Interfund Transfer
Maintenance of Bridges
Amendment
Change from $1,000,000 to $850,000
Change from $583,322 to $933,322
Change from $0 to $350,000 (New Account)
Account
Approp. Fund Balance
Interfund Revenue
Amendment
Change from $500,000 to $700,000
Change from $0 to $350,000 (New Account)
Revenues:
Account No.
A15.599.00
H12.5031.5120
Adopted: Roll Call
Voting No: Kruger
Legislator O’Grady questioned if the amendments were related to additional funds for bridge
repair as discussed at the November 9 Committee of the Whole meeting. Chairman Crandall
responded that they were. Although the bridge is not specified, this amendment adds money
to an account to be used for bridges.
ADOPTION OF 2010 COUNTY FINAL BUDGET
RESOLVED:
1.
That the 2010 County Tentative Budget dated October 2, 2009, as amended
and revised, is adopted as the 2010 County Final Budget.
Adopted: Roll Call
Voting No: Kruger, McCormick, O’Grady, Ungermann
Legislator Kruger stated that when the Legislators came into office in 2006, they promised the
taxpayers to do their best to decrease the size of government, but they’ve done nothing but
increase it. He hasn’t supported a Budget yet, and this one is no different. Spending is
running away, and resolutions to save money aren’t even seriously considered.
256
Legislator Ungermann read a prepared statement:
“In September, I attended a meeting of Allegany County businesses hosted by the County
Chamber. Mr. McCormick and I were the only Legislators that attended. Attendees from
both Dresser-Rand and Alstom, as well as everyone else, expressed concern with our tax
structure, not only for the businesses, but for the people they are trying to encourage to come
here to run them.
Spending is going to increase by some $5 million over last year, yet we have fewer people
working to pay the taxes. We’ve never looked at any way to cut spending, yet Mr. O’Grady
came with a whole list of things that maybe could be cut.
It seems to me that mostly what we get out of the economic development people is just moral
support. Everyone’s bragging about the expansion at Friendship Dairies, yet they moved
operations here from PA because they were land-locked there. They’ve got a better water
supply here. They were supposed to get a grant from the NYS Empire Zone for providing 40
jobs. Well, they’ve hired 50 and never, as far as local management knows, have they
received any grant money of any kind.
We seem to find money to buy houses on Court Street, but we can’t fix town bridges that are
closed, such as the Haskins Road bridge in the Town of New Hudson.
We now have 97 real estate tax exemptions, leaving fewer and fewer people to pay the bills,
yet we have not reviewed any of them for possible elimination.
I listen to complaints about clerical staff in one department, with one person having over 700
hours of overtime this year. I’ve listened to numerous complaints about people using their
vacation time and still selling it back to the County at the tune of $330,000 per year. I’m glad
to see that everyone in the State Retirement System will have to fill out time sheets starting
January 1. Wouldn’t time clocks for everyone be more efficient? Am I the only one who
notices that the parking lots around here are empty at 2 p.m. on a Friday afternoon?
I’m supposedly to blame for the creation of the new PEF Union. These people haven’t gotten
any raises; why should the rest of management? Virtually all union contracts have expired.
Did anyone notice that the Farm Bureau sent their resolutions to us printed on both sides of
the paper, just like the state does? We can’t even conserve on the simple things! (But after
all, if we used both sides of the paper, I wouldn’t have any scrap paper to write this stuff on or
to put in my fax machine.)”
Legislator O’Grady noted that the County is bringing in more money through assessments
and is using some of the surplus fund balance from prior years, but we’re still increasing
taxes. It’s time to streamline the services we provide and decrease spending. No one wants
to do it. When you compare Allegany, Steuben, and Cattaraugus Counties’ tax rates, it’s not
a fair comparison, because although they offer the same services, there is also a larger tax
base in the neighboring counties. The only way to decrease taxes is to cut non-essential
services.
Legislator Reynolds questioned whether all of the 97 tax exemptions that Mr. Ungermann
referred to were particular to Allegany County, or if most of them were put in place by the
state. County Attorney Thomas Miner assumed most were state exemptions.
257
RESOLUTION MAKING APPROPRIATIONS FOR THE
CONDUCT OF THE COUNTY GOVERNMENT FOR THE FISCAL YEAR 2010
WHEREAS, this Board, by Resolution No. 211-09, has adopted a budget for the fiscal
year 2010, now, therefore, be it
RESOLVED:
1.
That the several amounts specified in the 2010 County Final Budget in the
column entitled “Final Budget 2010” be and they are appropriated for the objects and
purposes specified.
Adopted: Roll Call
RESOLUTION LEVYING TOWNS 2010 SHARE OF
ALLEGANY COUNTY MUTUAL SELF-INSURANCE PLAN
Pursuant to § 67 (2) and § 71 of the Workers' Compensation Law
and § 13 of Local Law No. 3 of 2002
RESOLVED:
1.
That this Board levies the sum of $307,365 upon the taxable property of the
Towns participating in the Allegany County Mutual Self-Insurance Plan, in the proportionate
amount which each such Town is required to pay for such participation as determined by the
provisions of Section 12 of Local Law No. 3 of 2002.
Adopted: Roll Call
APPROVAL OF APPORTIONMENT OF MORTGAGE TAX TO TAX DISTRICTS
AND AUTHORIZING WARRANT THEREFOR
Pursuant to Tax Law § 261 (3)
RESOLVED:
1.
That the Semi-Annual Report for the period April 1, 2009, through September
30, 2009, relating to Mortgage Tax Receipts and Disbursements, and the proposed
distribution of such mortgage tax receipts therein, is approved.
258
2.
That the Clerk of this Board is authorized and directed to execute a warrant of
this Board to the County Treasurer directing her to distribute to the several tax districts in the
County their respective share of such mortgage tax.
Adopted: Roll Call
AUTHORIZING PAYMENT TO TOWNS AND VILLAGES FROM
ADDITIONAL MORTGAGE TAX FEE RETAINAGE BY COUNTY CLERK;
APPROPRIATING FUNDS THEREFOR
WHEREAS, by Resolution No. 214-2004 the County Clerk was authorized pursuant to
Section 262 of the Tax Law to request and receive reimbursement from the State of New
York for all of his necessary expenses incurred in the administration of the Mortgage Tax
Program on behalf of the State of New York, and
WHEREAS, it was the intent of this Board in adopting such resolution that the Towns
and Villages of the County would not suffer any adverse financial consequences as a result
of any increased retained expense reimbursement to the County Clerk, and
WHEREAS, the County Clerk has received reimbursement of his necessary expenses
incurred in the administration of the Mortgage Tax Program, and
WHEREAS, this Board wishes to appropriate part of such reimbursement of necessary
expenses received by the County Clerk for the administration of the Mortgage Tax Program
to the Towns and Villages of the County, now, therefore, be it
RESOLVED:
1.
The amount of $25,905.48 is appropriated from Account No. A1410.432
(County Clerk – Contractual) and shall be distributed to the Towns and Villages of the County
as follows:
TOWNS
Alfred
Allen
Alma
Almond
Amity
Andover
Angelica
Belfast
Birdsall
Bolivar
Burns
AMOUNT
RETAINED BY
COUNTY CLERK’S
OFFICE FOR
MORTGAGE
REBATE AMT
TAX FEE
TO TOWN
2,312.92
361.25
317.64
1,943.54
1,118.89
1,132.69
587.93
568.25
101.24
863.99
1,858.67
361.25
317.64
1,792.62
936.28
925.76
483.31
568.25
101.24
680.88
579.09
501.23
REBATE AMT
TO VILLAGE
VILLAGES
454.25
Alfred
150.92
182.61
206.93
104.62
Almond
Belmont
Andover
Angelica
170.02
13.09
77.86
Bolivar
Richburg
Canaseraga
259
Caneadea
Centerville
Clarksville
Cuba
Friendship
Genesee
Granger
Grove
Hume
Independence
New Hudson
Rushford
Scio
Ward
Wellsville
West Almond
Willing
Wirt
TOTALS
1,366.57
715.52
395.57
2,423.13
642.58
838.80
207.87
539.97
890.47
532.98
225.23
1,316.68
953.05
145.41
3,446.51
274.76
603.30
499.65
1,366.57
715.52
395.57
2,028.28
642.58
838.80
207.87
539.97
890.47
532.98
225.23
1,316.68
953.05
145.41
2,509.29
274.76
603.30
465.60
25,905.48
23,179.06
394.85
Cuba
937.22
Wellsville
34.05
Richburg
2,726.42
2.
The Chairman of this Board, Allegany County Clerk, and Allegany County
Treasurer are authorized to execute any and all vouchers, warrants, and other necessary
Adopted: Roll Call
RELEVY OF RETURNED VILLAGE TAXES
Pursuant to Local Law No. 4 of 1978 and Real Property Tax Law § 1442
RESOLVED:
1.
That the amount of the unpaid returned village taxes of each village of Allegany
County which has complied with the provisions of Local Law No. 4 of 1978, together with
seven per centum of the amount of principal and interest, is relevied upon the real property
upon which the same were originally imposed by each such respective village.
2.
This resolution shall take effect on November 23, 2009.
Adopted: Roll Call
RELEVY OF RETURNED SCHOOL TAXES
260
RESOLVED:
1.
That the amount of the unpaid returned school taxes of the several school
districts of Allegany County with seven per centum of the amount of principal and interest in
addition thereto, is relevied upon the real property upon which the same were imposed.
2.
This resolution shall take effect on November 23, 2009.
Adopted: Roll Call
A RESOLUTION LEVYING THE AMOUNT OF UNPAID SEWER AND WATER RENTS
IN VARIOUS TOWN SEWER AND WATER DISTRICTS
AGAINST THE VARIOUS REAL PROPERTIES LIABLE THEREFOR
Pursuant to Article 14-F of the General Municipal Law and Town Law § 198
WHEREAS, the Towns of Belfast, Caneadea, Friendship, Hume, Independence, Scio
and Wellsville have submitted to this Board of Legislators statements showing sewer and
water rents unpaid by the persons or entities noted therein and the real property to be
charged with such unpaid rents, and
WHEREAS, pursuant to law this Board is required to levy such sums against the real
property liable therefor, now, therefore, be it
RESOLVED:
1.
That the unpaid sewer and water rents by the persons or entities noted in
statements filed with this Board of Legislators by the respective Supervisors of the Towns of
Belfast, Caneadea, Friendship, Hume, Independence, Scio and Wellsville between
September 17, 2009, and November 2, 2009, are levied against the real property noted in
such statements and are to be placed on the tax rolls of such Towns in the manner provided
by law.
Adopted: Roll Call
Legislator O’Grady stated that although this is something the Legislature has to do, he hates
being the middle man in these types of things. It’s unfair to the municipalities and to the
landlords who have to pay when the tenants leave.
Legislator Pullen noted that someone ultimately has to pay for these services. If they aren’t
paid, it is the County and the taxpayers guaranteeing it. The County is the one that holds
harmless; we’re the ones that have to accept the responsibility, as well as providing the tax
collector service. For whatever reason, it’s another example of how the state structures it.
Legislator Kruger pointed out that it’s an investment on the County’s part, because if an
unpaid water and sewer bill is put back on the taxes and the taxes aren’t paid, the County
ends up with the property for the tax sale.
261
Resolution Intro. No. 231-09 (Supporting an Increase in Funding Provided to the Office
of Fire Prevention and Control by the Department of State for Firefighter Training) was
amended on a motion made by Legislator Dibble, seconded by Legislator Reynolds and
carried, by changing the State Fire Administrator’s name from Floyd Paterson to Floyd
Madison in Resolved No. 2.
SUPPORTING AN INCREASE IN FUNDING PROVIDED TO
THE OFFICE OF FIRE PREVENTION AND CONTROL BY THE DEPARTMENT OF STATE
FOR FIREFIGHTER TRAINING
WHEREAS, firefighter training provided by the Department of State administered
under the Office of Fire Prevention and Control, OFPC, has proven to be an effective method
of preparing firefighters in Allegany County to respond to emergencies, and
WHEREAS, the efforts of the State’s 100,000 dedicated Volunteers contribute payroll
and benefits savings commensurate with their career counterparts of more than 7 billion
dollars annually, local governments cannot afford to pick up this expense, and
WHEREAS, firefighter training is conducted for both career and volunteer fire
departments throughout the state, serving approximately 125,000 firefighters in more than
1,850 fire departments, and
WHEREAS, NYS Division of Budget allocations fluctuate with the State’s fiscal needs,
which are not consistent with the local demand for firefighter training, and
WHEREAS, funding for both entry level and advanced training of firefighters in
Allegany County has suffered due to a lack of dedicated funding for the various training
programs delivered by OFPC, now, therefore, be it
RESOLVED:
1.
That this Board of Legislators is in favor of increasing the amount of dedicated
funding provided by the Department of State to OFPC in order to ensure that the training
needs of our local firefighters are met so they may provide service to their respective
communities within Allegany County.
2.
That the Clerk of this Board is requested to forward certified copies of this
resolution to New York State Governor David Paterson, Senator Catharine M. Young,
Assemblymen Daniel J. Burling and Joseph M. Giglio, NYSAC, InterCounty Association of
Western New York, Floyd Madison, State Fire Administrator, Department of State Office of
Fire Prevention and Control.
Adopted: Voice Vote
TRANSFER OF FUNDS WITHIN VETERANS’ SERVICE ACCOUNTS
262
RESOLVED:
1.
That the sum of $350 is transferred from Account No. A6510.407 (Office
Supplies) to Account No. A6510.201 (Equipment).
Moved by: Mr. Hall
Adopted: Roll Call
(Memo: The transfer approved by Resolution No. 220-09 is for the purchase of a fax
machine to allow the Veterans’ Service Agency to communicate with and send forms to the
County Clerk’s Office after Veterans’ Services moves to the Crossroads Facility.)
TRANSFER OF FUNDS WITHIN SHERIFF LAW ENFORCEMENT ACCOUNTS
RESOLVED:
1.
That the sum of $8,700 is transferred from Account No. A3110.422 (Sheriff-Gas
and Oil) to A3110.409 (Sheriff - Fees) and the sum of $3,500 is transferred from Account No.
A3150.425 (Jail – Clothing) to Account No. A3150.409 (Jail – Fees) to be used for the annual
maintenance agreement for Telestaff.
Adopted: Roll Call
APPROVING AND RATIFYING ADDENDUM EXTENDING AGREEMENT WITH
DENTRUST DENTAL NEW YORK, P.C. TO PROVIDE DENTAL CARE FOR
INMATES AND DETAINEES AT THE ALLEGANY COUNTY JAIL
RESOLVED:
1.
That the Agreement between Allegany County and Dentrust Dental New York,
P.C. for the provision of dental care for inmates and detainees at the Allegany County Jail
through October 1, 2010, is approved.
2.
That the signature by the Allegany County Sheriff for such addendum extending
the agreement is ratified.
Adopted: Roll Call
(Memo: The dental care agreement addendum approved by Resolution No. 222-09 will allow
the County to continue providing this service to meet the minimum standards set forth by the
Commission of Corrections at a reduced cost. Prior to the agreement, the Sheriff’s personnel
transported inmates needing dental attention to the dentist’s office, which requires two
officers and associated vehicle expenses. This agreement allows for a dentist to treat
inmates on-site at the jail, reducing costs and providing a more secure situation. The original
agreement was approved by Resolution No. 179-08 on October 14, 2008.)
263
Legislator O’Grady noted that it was a sad state of affairs when jail inmates get better health
treatment than people working for a living.
Legislator Kruger remarked that even if the service is mandated, the Board doesn’t have to
approve it; that’s why we have a vote. Not only do employees not have dental coverage, now
when new employees retire they won’t have any coverage at all because of the resolution
supporting that earlier in the meeting. We’re treating the inmates better than our employees,
and he would not support the resolution.
Legislator Ungermann questioned if there was a minimum time that inmates have to be in
before the County is mandated to provide dental care. County Administrator John Margeson
replied that they are in the custody of the Sheriff from the time they walk in the door, and are
eligible for care right away.
Legislator Pullen asked what the consequences would be if the County refused to provide
dental care for inmates. County Attorney Thomas Miner offered the opportunity for an
attorney/client session for discussion of the potential liability. Mr. Pullen noted he was
concerned, not so much with the possible withholding of aid, as there is no specific
legislation, but because the state could close down our jail. He didn’t see where we have any
other choice without dire repercussions.
Legislator Ungermann referred to a comment made by Erie County Executive Chris Collins
recently, that if the state gives you an unfunded mandate, let them sue you. Mr. Pullen
remarked that he spoke with Mr. Collins in more detail on that, and Mr. Collins picks the fights
he can win, not fights that will lead to devastation.
Resolution Intro. No. 235-09 (Authorizing Sale and Conveyance of County's Interest in
Real Property in Town of Alma to Joseph H. Townsend; Authorizing Chairman to Execute
Deed) was amended on a motion made by Legislator Reynolds, seconded by Legislator Hall
and carried, by changing all mention of Joseph H. Townsend to Linda S. Townsend, her town
of residence from Friendship to Lockport, and the location of the parcel from Friendship to
Alma.
AUTHORIZING SALE AND CONVEYANCE OF COUNTY'S INTEREST IN
REAL PROPERTY IN TOWN OF ALMA TO LINDA S. TOWNSEND;
AUTHORIZING CHAIRMAN TO EXECUTE DEED
WHEREAS, the County is the owner of certain real property located in the Town of
Alma, and
WHEREAS, such property is not being used by the County, and there is no planned
use of it by the County, and
WHEREAS, Linda S. Townsend of Lockport, New York has offered to purchase such
property for $3,382.03, which includes recording fees, now, therefore, be it
264
RESOLVED:
1.
That this Board authorizes the sale by quit claim deed to Linda S. Townsend of
Lockport, New York the following described premises and described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Alma, County of
Allegany, State of New York, viz: Tax Map No. 302.-1-22.1.
TOGETHER with all the appurtenances and all the estate and rights of the party of the
first part in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the party of the second
part, her successors and assigns forever.
The County of Allegany shall in no event be or become liable for any defects in or
encumbrances or liens on the title hereby conveyed for any cause whatsoever. No claim or
demand of any nature that arises from this sale or any of the proceedings leading hereto shall
ever be made against the County of Allegany.
It is understood and agreed that the County of Allegany is hereby conveying only such
land as aforesaid and described above, and that said property shall be located and laid out
by and at the expense of the party of the second part.
The transferor(s) herein certify that the within description does not split or combine
assessment parcels and that the recording of this deed will not result in the alteration or
change to or amendment of an existing tax map.
2.
That the Chairman of this Board is authorized to execute and deliver a quit
claim deed for said premises upon payment of the amount of $3,382.03, which includes
recording fees by purchaser.
Adopted: Roll Call
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Hopkins and carried,
ADJOURNMENT: The meeting was adjourned at 2:47 p.m. following a motion made by
Legislator Reynolds, seconded by Legislator Hall and carried.
--------
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BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 14, 2009
REGULAR SESSION - DECEMBER 14, 2009
United States Army Staff Sergeant Steve Burns.
ROLL CALL: 14 Present; 1 Absent (Legislator Hall).
Chairman Curtis W. Crandall recognized the students from the Cattaraugus-Allegany
BOCES Culinary Arts class, along with their instructor, for preparing holiday cookies and Old
English Wassail. The celebration was organized by the STOP DWI Program in recognition of
National Drunk & Drugged Driving Awareness Month.
The Board meeting minutes of November 23, 2009 were approved on a motion made
by Legislator Truax, seconded by Legislator Dibble and carried.
Chairman Crandall presented a certificate to Steve Burns, former United States Army
Staff Sergeant, in grateful appreciation of his service to our Country. Mr. Burns’ service dates
were from December 1971 to July 1995. Following Basic Training at Fort Knox, KY, duty
stations included Fort Benning, GA; Fort Bragg, NC; Fort McClellan, AL; Fort Leonard Wood,
MO; Fort Drum, NY; and overseas duty in Germany, Korea, England, France, and Somalia.
Commendations he received included: Meritorious Service Medal (2), Army Commendation
Medal, Army Achievement Medal, Good Conduct Medal, National Defense Ribbon, Armed
Forces Expeditionary Medal, Humanitarian Service Medal, Army Reserve Corps
Achievement Medal, Joint Service Achievement Medal, and Korean Service Ribbon. Mr.
Burns led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the
Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall granted privilege of the floor to Pamela Witter, Houghton College
Director of Development, to speak about a new program called Leadership Allegany, which is
a comprehensive leadership training program set to launch in the spring. The program is
designed to create a dynamic learning environment for local leaders and up-and-coming
professionals, with class size limited to ten to fifteen participants annually. Monthly sessions
will highlight and give an in-depth view of various County industries in the areas of
healthcare, the judicial system, government, agriculture, economic development,
manufacturing, media, and human services. Participants will gain valuable skills and a
realistic understanding of what it takes to do business, and the businesses and organizations
in the County will have the opportunity to alert key professionals about their industry. The
program is fully funded right now, with sponsors including Houghton College, ACCORD
Corporation, Greater Allegany County Chamber of Commerce, the Allegany County Area
Foundation, and the United Way of Allegany County. There are various ways to become
involved. They are still accepting sponsorships, but they are also looking for speakers to
represent various industries, speakers for government day, and they will be calling on people
to be panelists. There are spots open on the planning committee, which is currently
represented by professionals from Houghton College, the County Chamber, ACCORD
Corporation, Jones Memorial Hospital, Fillmore Central School, Alfred State College, Alfred
University, and the Allegany County Area Foundation. Ms. Witter noted that she was looking
266
forward to involving the Board on government day, and hopes that the Board will partner with
them at some level.
Privilege of the floor was also granted to STOP DWI Coordinator Linda Edwards, who
spoke about the annual recognition of National Drunk and Drugged Driving Prevention Month
during December. Ms. Edwards gave some statistics on deaths and injuries related to drunk
driving, and encouraged action on the part of individuals and communities to help prevent it.
1.
November.
Report of Intrafund Transfers approved by the County Administrator in
1.
Southern Tier West Regional Planning and Development Board meeting
minutes from November 19, along with a meeting notice for December 17, 2009.
RESOLUTIONS:
RESOLUTION AMENDING BOARD RULES TO CLARIFY HOW VARIOUS
MOTIONS ARE HANDLED; AMENDING BOARD RULES TO CREATE A NEW
PLANNING AND ECONOMIC DEVELOPMENT STANDING COMMITTEE; AND
AMENDING BOARD RULES TO ELIMINATE AND RENUMBER
CERTAIN RULES DUE TO DUTIES BEING ASSUMED BY NEW
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
RESOLVED:
1.
That County Board Rule 150 is amended with the addition of a subparagraph
“H” as shown by the material underlined as follows:
H.
Treatment of various motions.
1.
A motion to adopt a pre-filed resolution will require a second, an
opportunity for discussion and/or debate and eight (8) affirmative votes to
adopt. Certain pre-filed resolutions will require ten (10) affirmative votes
to adopt.
2.
A motion to consider a resolution that has not been pre-filed will require a
second and ten (10) affirmative votes to pass. The Presiding Officer may
allow the motion to be acted upon by voice vote. However, any member
may raise a point of order and request the Presiding Officer to take the
vote by roll call.
3.
A motion to place a resolution on the table can be made only after the
resolution has been moved and seconded for consideration. Such a
motion requires a second, is not debatable and requires eight (8)
affirmative votes to pass.
267
4.
A motion to remove a resolution from the table requires a second, is not
debatable and requires eight (8) affirmative votes to pass.
5.
A motion to withdraw a resolution, if not made by the sponsor or majority
of the sponsors of the resolution or a majority of the members of the
committee or committees that sponsored the resolution as provided by
County Board Rule 170.C.4., can be made only after the resolution has
been moved and seconded for consideration. Such a motion is subject
to discussion and/or debate and requires eight (8) affirmative votes to
pass. Such a motion may contain a subsidiary motion such as
committing or referring the resolution back to the sponsoring committee
for potential amendment and/or re-introduction.
6.
A motion to refer a resolution to a Standing Committee is made after the
motion to consider the resolution has been moved and seconded. A
motion to refer a resolution to a Standing Committee requires a second,
is open for discussion and/or debate and requires eight (8) affirmative
votes to pass.
2.
That County Board Rule 190.A. is amended with the addition of a new
subparagraph “7” as shown by the material underlined as follows:
7.
Planning and Economic Development. (See Rule 220.G.)
3.
That County Board Rule 220 is amended with the addition of a new
subparagraph “G” as shown by the material underlined as follows:
G.
PLANNING AND ECONOMIC DEVELOPMENT
1.
General Jurisdiction:
a.
Development of business, industry and recreation.
b.
Comprehensive planning.
c.
Tourism.
d.
Agricultural districting.
e.
The preservation of natural resources and the management of
County owned lands.
2.
f.
County historical matters and preservation of records.
g.
Workforce development and training.
Specific Jurisdiction:
a.
Supervision of the Office of Development and the Advisory Board
to the Office of Development.
b.
General supervision of the Allegany County Industrial
Development Agency and its governing board, the Allegany County Industrial
Development Agency Board.
c.
Supervision of the County Planner.
268
d.
General supervision of the County Planning Board.
e.
Supervision of the Office of Employment and Training. Liaison
with the Cattaraugus-Allegany Workforce Investment Board.
f.
Supervision of the County Historian and his duties as the Records
Management Officer.
g.
General supervision of the Allegany County Soil and Water
Conservation District and its governing board, the Soil and Water Conservation
District Board.
h.
Supervision of the proposed establishment and periodic review of
County Agricultural Districts and recommendation to the County Board on the
establishment of a proposed Agricultural District or continuance of an
established Agricultural District.
i.
Supervision of County reforested lands to include the disposition
of trees, timber and other forest products on such lands.
j.
General supervision of the County Agricultural and Farmland
Protection Board.
k.
Liaison with the Region 9 Fish and Wildlife Management Board,
the Region 9 Forest Practice Board and the Resource Conservation and
Development Board.
l.
Contract administration of any County Board approved contract
for the administration and performance of tourism promotion.
m.
General supervision of the Tourism Advisory Board.
n.
with the Allegany County Agricultural Society and the Cornell Cooperative
Extension of Allegany County.
o.
Administration of the State Environmental Quality Review Act
(SEQRA) as it affects County governmental operations.
p.
General supervision of the contractual relationship between the
County Board and the Allegany County Federation of Snowmobilers, Inc. for the
development and maintenance of snowmobile trails.
3.
Administrative Unit Jurisdiction:
a.
Office of Development.
b.
Allegany County Industrial Development Agency Board.
c.
Office of Planning and/or County Planner.
d.
County Planning Board.
e.
County Development Advisory Board.
269
f.
County Comprehensive Planning Implementation Committee.
g.
County Office of Employment and Training.
h.
Advisory Committee on Tourism.
i.
Allegany County Soil and Water Conservation District Board.
j.
County Agricultural and Farmland Protection Board.
k.
County Historian.
4.
That County Board Rule 220.B. is amended with material deleted indicated by
strike out as follows:
B.
COURT FACILITIES AND COUNTY SPACE NEEDS
1.
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.
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.
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.
and duties.
Supervision of County Administrator’s space allocation powers
d.
Administration of the State Environmental Quality Review Act
(SEQRA) as it affects existing County physical plant facilities and as applicable
to proposed County physical plant facilities.
e.
Supervision of County Historian in performance of Records
Management Officer powers and duties. (See Res. 223-88)
3.
270
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 of County Administrator.
c.
County Historian in performance of Records Management Officer
powers and duties.
5.
That County Board Rule 220.D. 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:
D.
PUBLIC WORKS
1.
a.
County highways, bridges, solid waste management facilities and
building maintenance.
b.
Capital planning
management facilities.
c.
for
highways,
bridges
and
solid
waste
Monitoring of County assets.
d.
Acquisition and sale of real property not under the jurisdiction of
the Ways and Means Committee and the authority to determine that personal
property under $10,000 in market value is or is no longer necessary for County
purposes.
2.
e.
Landfill Asset Development.
f.
Agricultural Districting.
g.
Use of natural resources.
h.
Snowmobile issues
a.
Supervision of the Department of Public Works.
b.
Designated to perform the powers and duties of the “committee”
under Local Law No. 3 of 1980, in relation to County parking areas.
c.
Specific authority to approve or disapprove the sale by the County
Superintendent of Public Works of any machinery, equipment, tools and
implements used for highway, snow removal or bridge purposes no longer
needed by the County, or which shall have become worn out or obsolete, and,
to approve or disapprove the exchange of such machinery, equipment, tools
and implements or their surrender to the vendor as part payment for new
machinery, equipment, tools and implements. (See Highway Law Section 133,
Subdivision 4.)
d.
Specific authority to approve or disapprove any purchase of new
machinery which is chargeable to the County Road Machinery Fund and which
271
has a value in excess of one thousand dollars. (See Highway Law Section 133,
Subdivision 4.)
e.
Specific authority to approve or disapprove the sale by the County
Superintendent of Public Works of any machinery, equipment, tools and
implements used for County solid waste purposes no longer needed by the
County, or which shall have become worn out or obsolete, and, to approve or
disapprove the exchange of such machinery, equipment, tools and implements
or their surrender to the vendor as part payment for new machinery, equipment,
tools and implements. (See County Law Section 215, 226-b)
f.
Specific authority to approve or disapprove any purchase of new
machinery which is chargeable to the General Fund and within appropriations
for County solid waste purposes and which has a value in excess of one
thousand dollars. (See County Law Section 215, 226-b, 408)
g.
Maintenance planning and maintenance of County facilities.
h.
Vehicle fleet management including the acquisition of new County
vehicles and maintenance of the County vehicle fleet.
i.
County.
Monitor development of State and local resources within the
j.
Supervision of the proposed establishment and periodic review of
Agricultural Districts and recommendation to the County Board on the
establishment or non-establishment of a proposed Agricultural District or the
continuance of an established Agricultural District.
k. i. Administration of the State Environmental Quality Review Act
(SEQRA) as it affects existing or proposed County highways, bridges and solid
waste facilities. (See Res. 62-77, 193-77, 9-83)
l.
General supervision of the County Agricultural and Farmland
Protection Board.
m.
Supervision of County reforested lands to include the disposition
of trees, timber and other forest products on such lands.
n.
General supervision of the Allegany County Soil and Water
Conservation District and its governing board, the Soil and Water Conservation
District Board.
o.
with the Agricultural Society and the Cooperative Extension Association of
Allegany County.
p.
Liaison with the Region 9 Fish and Wildlife Management Board,
the Region 9 Forest Practice Board and the Resource Conservation and
Development Board.
q.
3.
Supervision of County forest lands, parks and recreation areas.
a.
Department of Public Works.
272
b.
Allegany County Soil and Water Conservation District Board.
c.
County Agricultural and Farmland Protection Board.
d. b. All County Departments with respect to General and Specific
Jurisdiction of the committee.
6.
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.
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.
g.
systems.
Information Technology.
Telecommunications systems excluding police and emergency
h.
General responsibility for the planning, control, and oversight of
the County Budget.
i.
Oversight of general County revenues, appropriations, and
expenditures.
j.
General development of business, industry and recreation.
k.
Tourism.
l.
County historical matters to include historical real and personal
property and historical records.
2.
a.
adoption, rules and regulations which affect the general administrative
operations of the County government.
273
b.
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.
Supervision of the County Historian except in performance of
Records Management Officer powers and duties. (See Res. 223-88)
e. 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.
f. e. Supervision of County Real Property Tax Service Agency in
performance of its respective powers and duties relating to the matters under
General Jurisdiction.
g. 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.
h. 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).
i. h. Responsible for the development of policies and procedures
relating to interdepartmental networking of data processing systems.
j. 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.
k. j. Receive and evaluate on a monthly basis budget monitoring
reports and other budget related information from County departments and
offices.
l. k. 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.
m. l. 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.
n. m. Supervision of County Treasurer’s fixed assets records powers
and duties. (See Res. 74-86)
o. n.
Offer for County Board action any of the following:
(1)
a transfer of funds between capital projects established by
resolution of the County Board.
274
(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
unappropriated cash surplus within a particular Fund.
revenues
or
(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)
p.
General supervision of the County Planning Board.
q.
Supervision of Office of Development and its advisory board, the
Advisory Board to the Office of Development.
r.
Supervision of the Office of Employment and Training. Liaison
with the Allegany-Cattaraugus Workforce Investment Board.
s.
General supervision of the Allegany County Industrial
Development Agency and its governing board, the Allegany County Industrial
Development Agency Board.
t.
General supervision of the Allegany County Industrial and
Commercial Incentive Board.
u.
3.
Supervision of the County Historian.
a.
County Administrator.
b.
Chairman of the County Board of Legislators.
c.
Clerk of County Board of Legislators.
d.
County Attorney.
e.
County Historian except in performing Records Management
Officer powers and duties.
f. e.
Real Property Tax Service Agency.
g. f.
Information Technology Department.
h. g.
Budget Officer and Deputies.
i. h.
County Treasurer.
275
7.
j.
Office of Planning and/or County Planner.
k.
County Planning Board.
l.
Office of Development.
m.
Advisory Committee on Tourism.
n.
Office of Employment and Training.
o.
Allegany County Industrial Development Agency Board.
p.
Allegany County Industrial and Commercial Incentive Board.
This resolution shall become effective January 1, 2010.
Adopted: Roll Call
A motion was made by Legislator Reynolds, seconded by Legislator Truax and carried
to amend Resolution Intro. No. 237-09 (A Resolution in Relation to the Compensation of
County Officers and Employees) to change the job title of the second from the last position at
the end of the resolution from JTPA Summer Counselors to WIA Summer Counselors.
A RESOLUTION IN RELATION TO THE
COMPENSATION OF COUNTY OFFICERS AND EMPLOYEES
RESOLVED:
1.
That commencing January 1, 2010, each unit employee occupying a position
set forth in the "County Unit Salary Plan" shall receive the salary or rate of compensation for
the step of the Grade of the position occupied that is set forth in "Appendix A-5" or in
"Appendix B-5” of Agreement approved by Resolution No. 149-2005, and which salary or rate
of compensation such unit employee is entitled to receive commencing January 1, 2010,
pursuant to said Agreement and pursuant to the "County Unit Salary Plan"; the increment
recommendations from the department heads for each such unit employee under their
jurisdiction receiving such recommendation being approved.
2.
set forth in Agreement between the County of Allegany and the New York State Nurses
Association, which Agreement was approved by Resolution No. 85-2004, 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 said Agreement, and which salary or rate of compensation such unit
employee is entitled to receive commencing January 1, 2010, pursuant to said 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.
set forth in Agreement between the County of Allegany and the Allegany County Deputy
276
Sheriff's Association, which Agreement was approved by Resolution No. 302-2003, shall
receive the salary or rate of compensation for the step of the Grade of the position occupied
that is set forth in "Appendix A" of said Agreement, and which salary or rate of compensation
such unit employee is entitled to receive commencing January 1, 2010, pursuant to said
Agreement and pursuant to the "County Unit Salary Plan"; the increment recommendation
from the Sheriff for each such unit employee under his jurisdiction receiving such
4.
That commencing January 1, 2010, each employee occupying a position in the
“New York State Public Employees Federation” as recognized by this Board by Resolution
No. 193-2007, shall receive the salary or rate of compensation for the step of the Grade of
the position occupied that is set forth in Resolution No. 206-08, and which salary such Public
Employee Federation member is entitled to receive commencing January 1, 2010; the
increment recommendations from the department heads for each employee under their
jurisdiction receiving such recommendation being approved.
5.
That commencing January 1, 2010, each non-unit employee occupying a
position set forth in the "County Non-Unit Salary Plan" shall receive the salary for the step of
the Grade of the position occupied that is set forth in section 6 of Resolution No. 297-75, as
last amended by Resolution No. 206-08, and which salary such non-unit employee is entitled
to receive commencing January 1, 2010; the increment recommendations from the
department heads for each such non-unit employee under their jurisdiction receiving such
6.
That the Personnel Officer is directed to prepare and deliver a list of the names
and pay of the employees affected by sections one, two, three, four and five of this resolution
to the County officers who are responsible for preparing the payrolls of such employees.
7.
That commencing January 1, 2010, the base salaries, none of which include
any earned longevity increment, of the incumbents of the titled positions herein set forth
shall be the amount set forth opposite such position, to wit:
Title
County Legislators (15)
Chairman of the Board
Majority Leader
Minority Leader
Budget Officer
Deputy Budget Officer
County Administrator
Deputy County Administrator
Clerk of the Board
District Attorney
Assistant District Attorney (1st)
Assistant District Attorney (2nd)
Assistant District Attorney (3rd)
Assistant District Attorney (4th)
Assistant District Attorney (5th) RTR
Assistant District Attorney (6th) Welfare
District Attorney Investigator (PT)
Public Defender
Assistant Public Defender (1st)
Coroners
Coroners' Physician
Base Salary
8,500
8,500
300
300
2,500
2,500
89,685
60,000
52,695
119,800
34,887
32,377
32,377
32,377
26,000
24,000
12,669
84,050
71,750
150 p/d
50 p/d
277
Deputy County Auditor
County Treasurer
County Attorney
Assistant County Attorney (1st)
Assistant County Attorney (2nd)
Assistant County Attorney (3rd)
Election Commissioners (2)
Election Technicians
Election Inspectors
Election Inspectors
Seasonal Laborers (Public Works)
Information Technology Director
Probation Director II
STOP DWI Coordinator
Youth Director
Fire Coordinator
Emergency Services Director
Medical Director
Community Services Director
Social Services Commissioner
Development Director
Office for the Aging Director
Office for the Aging:
Site Managers
Drivers, Aides
Rushford Lake:
Youth Agencies Director
Lifeguards
WIA Summer Counselors
Executive Secretary, Workers Comp.
1,200
66,178
88,838
76,106
56,631
55,606
13,193
16.00/hr.
85/day primary
135/day general
8.00/hr.
62,077
57,120
15,069
28,931
14,150
42,462
20,000
36,339
70,525
76,118
55,653
7.50-9.50/hr.
7.50-9.50/hr.
485/wk.
9.25/hr.
12/hr.
31,550
Adopted: Roll Call
Voting No: Kruger
(Memo: The chart at the end of Resolution No. 225-09 does not include any officers whose
salaries were set by Local Law No. 1-09 approved by Resolution No. 189-09 on October 26,
2009.)
AMENDMENT OF RESOLUTION NO. 297-75 TO PROVIDE NEW
SALARY GRADE SCHEDULE IN COUNTY NON-UNIT SALARY PLAN
RESOLVED:
1.
That effective January 1, 2010, Section 6 of Resolution No. 297-75, as last
amended by Resolution No. 206-2008, is amended to read as follows:
Section 6. The following salary grades are hereby established for use in determining
the compensation for the positions graded in Section Three of this resolution:
278
Grade
1
2
3
4
5
6
7
8
9
10
11
Base
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9 Step 10 Step 11
25,718
27,285
28,945
30,709
32,578
34,561
36,667
38,900
41,269
43,783
46,449
26,490
28,102
29,814
31,629
33,555
35,598
37,767
40,066
42,509
45,096
47,843
27,285
28,945
30,709
32,578
34,561
36,667
38,900
41,269
43,783
46,449
49,279
28,102
29,814
31,629
33,555
35,598
37,767
40,066
42,509
45,096
47,843
50,757
28,945
30,709
32,578
34,561
36,667
38,900
41,269
43,783
46,449
49,279
52,279
29,814
31,629
33,555
35,598
37,767
40,066
42,509
45,096
47,843
50,757
53,849
30,709
32,578
34,561
36,667
38,900
41,269
43,783
46,449
49,279
52,279
55,464
31,629
33,555
35,598
37,767
40,066
42,509
45,096
47,843
50,757
53,849
57,127
32,578
34,561
36,667
38,900
41,269
43,783
46,449
49,279
52,279
55,464
58,840
33,555
35,598
37,767
40,066
42,509
45,096
47,843
50,757
53,849
57,127
60,605
34,561
36,667
38,900
41,269
43,783
46,449
49,279
52,279
55,464
58,840
62,423
35,598
37,767
40,066
42,509
45,096
47,843
50,757
53,849
57,127
60,605
64,297
Inc
898
953
1,011
1,073
1,138
1,208
1,281
1,359
1,442
1,530
1,623
Adopted: Roll Call
Voting No: Kruger
CREATING POSITION OF NETWORK ADMINISTRATOR IN THE
INFORMATION TECHNOLOGY DEPARTMENT
RESOLVED:
1.
That one position of Network Administrator is created in the Information
Technology Department.
2.
This resolution shall take effect on December 15, 2009.
Adopted: Roll Call
(Memo: The additional Network Administrator position created by Resolution No. 227-09 is
an upgrade necessitated by the added responsibilities of the Senior Network Technician
within the Department of Social Services. After the retirement of two DSS employees, the
Senior Network Technician will be managing the state DSS network, carrying the same
responsibilities as the current Network Administrator. The upgrade would also allow the
Network Administrators to share the responsibilities of the County network and phone
system, which has changed significantly since 2001 and will continue to change with the
addition of the new building. The Department of Social Services currently covers a significant
portion of the salary for this position, and would increase the amount to cover the cost of the
upgrade.)
Comments made regarding Resolution No. 227-09 included: Legislator O'Grady questioned
if the position would fall into the new State Retirement System Tier 5. County Administrator
John Margeson replied that it wouldn't; the position is an upgrade of an existing employee.
UPGRADING ONE HUMAN RESOURCES SPECIALIST AND
TWO HUMAN RESOURCES ASSISTANTS IN HUMAN RESOURCES OFFICE
DUE TO HUMAN RESOURCES REEVALUATION;
AMENDING NON-UNIT SALARY PLAN
279
WHEREAS, the Human Resources office has upgraded one position of Human
Resources Specialist and two positions of Human Resources Assistants in the Human
Resources Office, now, therefore, be it
RESOLVED:
1.
That the position of Human Resources Specialist in the Human Resources
Office is upgraded from Grade 6 to Grade 7 and the two positions of Human Resources
Assistants are upgraded from Grade 2 to Grade 4 in the Non-Unit Salary Plan.
2.
This resolution shall take effect on January 1, 2010.
Adopted: Roll Call
(Memo: The upgrades approved by Resolution No. 228-09 were requested based on
knowledge of the laws, policies and procedures covering civil service law and rules,
retirement regulations, disability insurance contract language pertaining to accrued time,
numerous County policies, and direct dealings with municipalities, employees, and retirees.)
Legislator Kruger remarked that the government snowball continues to get bigger. Upgrades
should occur when responsibilities change significantly, and Mr. Kruger didn't believe that had
happened in the Human Resources Department. He commented on the department wanting
to contract out last year for $12,000 for the establishment of the workplace violence policy,
instead of completing it in-house, and now they're coming back for upgrades.
Legislator Pullen reported that he spoke with Human Resources Director Ellen Ruckle after
she made the request in Personnel Committee. Ms. Ruckle explained that they have not
added positions, but had existing staff take on additional responsibilities and gain additional
training, which has increased the level and scope of their performance. Mr. Pullen concluded
that this is exactly the type of approach he likes to see, so he supported the request.
REAPPOINTMENT OF MEMBERS TO ALLEGANY COUNTY BOARD OF ETHICS
RESOLVED:
1.
That Pastor Kenneth Chroniger of Alfred Station, New York, Dr. Robert Black of
Houghton, New York, Darwin Fanton of Wellsville, New York, Brenda Rigby Riehle of
Belmont, New York and Thomas Hennessy of Wellsville, New York are reappointed as
members of the Allegany County Board of Ethics to serve at the pleasure of the Board of
Legislators with term of office commencing January 1, 2010, and expiring December 31,
2013.
280
Moved by: Mr. Russo
Adopted: Voice Vote
RESOLUTION LEVYING COUNTY TAXES
Pursuant to County Law § 360 and Real Property Tax Law § 900
WHEREAS, this Board, by Resolution No. 211-2009, has adopted a final budget for
the fiscal year 2010, and
WHEREAS, this Board, by Resolution No. 212-2009, made appropriations for the
conduct of the County Government for the fiscal year 2010, and
WHEREAS, in order to meet such appropriations it will be necessary to levy taxes,
RESOLVED:
1.
That the Allegany County Board of Legislators levies County taxes in the
amount of $27,139,034 upon all the taxable real property in the County liable therefor.
Adopted: Roll Call
RESOLUTION APPROVING THE FINAL ASSESSMENT ROLLS WITH
TAXES EXTENDED THEREON;
AUTHORIZING AND DIRECTING THE PREPARATION AND EXECUTION OF
TAX WARRANTS AND CAUSING DELIVERY OF TAX ROLLS TO
COLLECTING OFFICERS
Pursuant to Real Property Tax Law §§ 900 and 904
WHEREAS, upon the final assessment rolls of the several Towns the several taxes
have been duly extended as provided by law, now, therefore, be it
RESOLVED:
1.
That the final assessment rolls of the several Towns with the taxes so extended
thereon are approved.
2.
That the taxes so extended opposite the assessment
parcel of real property in such rolls are determined to be the taxes thereon.
of
each
3.
That there be annexed to each such roll a tax warrant in the form prepared by
the Clerk of this Board to contain the respective amounts heretofore authorized to be levied
upon the taxable property in each such roll and to bear the seal of the County Board of
Legislators.
281
4.
That the Chairman and Clerk of this Board shall sign each such warrant.
5.
That the Clerk of this Board shall cause the delivery of each assessment roll
together with the applicable tax warrant, i.e. the tax roll, or a certified copy thereof, to the tax
collecting officer entitled thereto not later than December 31, 2009.
Adopted: Roll Call
LEVYING TAXES AND ASSESSMENTS REQUIRED FOR PURPOSES OF
ANNUAL BUDGETS OF THE TOWNS OF ALLEGANY COUNTY
Pursuant to Town Law § 115
WHEREAS, there has been presented to the Board of Legislators a duly certified copy
of the annual adopted budget of each of the several Towns in the County of Allegany for the
fiscal year beginning January 1, 2010, now, therefore, be it
RESOLVED:
1.
That there is levied, assessed and raised by tax and assessments upon the real
property liable therefore situated in the following Towns outside of any incorporated villages
wholly or partially located therein, the General Fund and Highway Fund amounts specified in
the annual adopted budgets of such Towns and indicated opposite such Towns, as follows:
Alfred
Almond
Amity
Andover
Angelica
Bolivar
Burns
Cuba
Wellsville
Wirt
General Fund
Highway Fund
16,618.00
12,474.00
(-350.00)
18,526.00
1,605.00
19,254.00
6,660.00
0.00
116,376.00
437.95
105,302.00
163,632.00
191,870.00
140,482.00
45,147.00
202,012.00
42,060.00
275,094.00
318,530.13
119,786.72
2.
That there is levied, assessed and raised by tax and assessments upon the
real property liable therefore situated in the following Towns, the General Fund and Highway
Fund amounts specified in the annual adopted budgets of such Towns and indicated opposite
such Towns, as follows:
Alfred
Allen
Alma
Almond
Amity
Andover
Angelica
General Fund
Highway Fund
113,819.00
92,449.00
195,678.00
157,550.00
147,475.00
140,324.00
100,409.00
202,359.00
128,820.00
340,283.00
195,314.00
125,955.00
169,657.00
92,392.00
282
Belfast
Birdsall
Bolivar
Burns
Caneadea
Centerville
Clarksville
Cuba
Friendship
Genesee
Granger
Grove
Hume
Independence
New Hudson
Rushford
Scio
Ward
Wellsville
West Almond
Willing
Wirt
256,294.00
79,500.00
147,056.00
95,875.00
188,841.00
145,892.00
146,385.00
612,428.00
268,994.00
122,305.00
87,550.00
125,709.00
190,500.00
200,659.00
122,798.00
278,850.00
191,228.00
103,743.00
603,460.00
93,000.00
213,212.00
163,363.56
355,900.00
82,800.00
197,743.00
146,750.00
474,422.00
184,354.00
296,750.00
203,361.00
246,504.00
382,250.00
161,300.00
249,572.00
398,500.00
408,692.00
268,573.00
428,625.00
344,473.00
172,470.00
289,548.31
44,000.00
210,985.00
250,943.64
3.
That there is levied, assessed and raised by tax and assessments upon the real
property liable therefore in the following fire, fire protection, improvement and other special
districts in the following Towns, the amounts specified in the annual adopted budgets of such
Towns for such districts and indicated opposite such Towns, as follows:
Alfred
Allen
Alma
Almond
Amity
Andover
Angelica
Belfast
Birdsall
Bolivar
Burns
Caneadea
Centerville
Clarksville
Cuba
Fire Protection
Hydrant
Fire District
Fire Protection
Light District
Fire Protection
Fire District
Fire Protection
Fire Protection District
Water
Fire District
Light
Fire
Richburg-Wirt Fire District
Bolivar Joint Fire District
Canaseraga Fire Protection
Houghton Water District
Houghton Sewer District
Caneadea Light
Houghton Light
Oramel Light
Rushford Lake District
Caneadea Fire
Fire Districts
Fire District
Fire District
Sewer #1 (Echo Lanes)
Sewer #3 (Acme)
31,000.00
352.00
13,550.00
51,000.00
2,100.00
25,000.00
47,000.00
29,500.00
33,600.00
88,709.00
58,778.00
7,500.00
21,305.00
4,448.00
108,000.00
16,000.00
153,895.00
61,020.00
2,600.00
15,000.00
650.00
39,600.00
106,390.00
25,450.00
71,000.00
52,422.00
0.00
0.00
283
Friendship
Genesee
Granger
Grove
Hume
Independence
New Hudson
Rushford
Scio
Ward
Wellsville
West Almond
Willing
Wirt
Sewer #5 (Capital note)
Sewer #5 (Usage)
Water #3 (Acme)
Water #4 (School)
Lake District
Street Lighting District
Sidewalks Fund
Refuse & Garbage District
Fire Protection 1 (Bolivar)
Fire Protection 2 (Portville)
Fire Protection
Swain Lighting District
Canaseraga Fire District 1
Nunda Fire District 2
Fire Protection
Light District 1 (Hume)
Light District 2 (R & W)
Light District 3
Sidewalk
Sewer District
Consolidated Water Dist.
Fire
Street Light
Water District
Light District 1
Fire District 1
Lighting District
Rushford Lake Rec. Dist.
Rushford Fire District
Light District 1
Fire District 1
Fire District 2
Fire Protection
Hillcrest Lighting District
E. State St. Sewer District
Sinclair Sewer District
Bolivar Rd. Sewer District
Airport Sewer District
Sinclair Water District
Riverside Water District
East State Water District
Bolivar Rd. Water District
George St. Water District
W. Wellsville Water District
Airway Sanitary Sewer Dist.
Phillips Creek Water District
Fire District
Fire Department
Fire Protection Townwide
19,273.00
64,800.00
0.00
2,876.00
46,464.00
91,250.00
18,475.00
43,405.00
52,330.00
39,000.00
30,380.00
17,500.00
2,500.00
16,000.00
2,000.00
80,145.00
3,765.00
3,990.00
9,725.00
21,915.00
0.00
0.00
50,000.00
10,000.00
0.00
2,500.00
32,000.00
6,500.00
180,400.00
88,500.00
41,900.00
16,000.00
29,917.00
59,833.00
8,500.00
109,000.00
285.00
495.00
2,000.00
1,800.00
0.00
2,000.00
1,000.00
1,000.00
1,000.00
0.00
19,725.00
0.00
0.00
8,960.00
65,430.00
88,224.00
4.
That such taxes and assessments, when collected, shall be paid to the
Supervisors of the several Towns in the amounts as shown in this resolution, for distribution
by them in the manner provided by law.
284
Adopted: Roll Call
2009-2010 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED WITH REGARD
TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN;
RESOLVED:
1.
2.
3.
4.
That the Tax Collector of the Town of Amity is ordered and directed to correct in
the 2009-2010 County and Town Tax Roll the assessment or taxes, or both, of the property
a.
New York Telephone Co.; Parcel #628.089-9999-631.900/1881
285
this parcel was given the wrong assessment, and by reducing the Total Taxable Value to
$364,247, and by correcting the County and Town taxes, as follows:
School
Library
Total
$7,658.58
165.16
$7,823.74
and the County Treasurer is directed to make the following refund:
School
Library
Total
b.
$2,589.38
55.84
$2,645.22
New York Telephone Co.; Parcel #628.089-9999-631.900/1882
this Parcel was given the wrong assessment, and by reducing the Total Taxable Value to
$35,893, and by correcting the County and Town taxes, as follows:
School
Library
Total
$1,115.10
7.12
$1,122.22
School
Library
Total
$3,169.07
20.24
$3,189.31
5.
That the Tax Collector of the Town of Genesee is ordered and directed to
a.
Reiss, Dona M., Attn: Herth, C. Parcel 296.-1-9.4
this Parcel is a duplicate and should have been deleted from the tax roll, and the County
Treasurer is directed to make the following charge on her books:
County
Town
Fire
School Relevy
Total
b.
$339.54
190.98
29.80
413.69
$974.01
Reiss, Dona M., Attn: Herth, C. Parcel 296.-1-9.41/2
this Parcel is a duplicate and should have been deleted from the tax roll, and the County
Treasurer is directed to make the following charge on her books:
County
Town
Fire
School Relevy
Total
$339.54
190.98
29.80
413.69
$974.01
286
6.
7.
2010.
Adopted: Roll Call
ACCEPTANCE AND APPROPRIATION OF DONATIONS AND GIFTS FROM
WELLSVILLE CHAMBER OF COMMERCE, WELLSVILLE CURVES AND SUSAN KADUC
TO VARIOUS HEALTH DEPARTMENT ACCOUNTS
RESOLVED:
1.
That the sum of $200 from the Wellsville Chamber of Commerce, $25 from
Wellsville Curves and $5,000 from Susan Kaduc, is accepted.
2.
That the accepted sum of $5,225 is appropriated as follows: $200 to Account
No. A4010.1, $5,025 to Account No. A4071.4 with a sum of $200 credited to Revenue
Account No. A08.2705.01 and $5,025 to Revenue Account No. A08.2705.4071.
Moved by: Mr. Truax
Adopted: Roll Call
(Memo: The funds accepted by Resolution No. 234-09 were donated to the Cancer Services
Program for provision of services to cancer residents of Allegany County.)
ACCEPTING AND APPROPRIATING FUNDS FROM THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 THROUGH
NYS DOH BUREAU OF IMMUNIZATION AND BUREAU OF FAMILY HEALTH FOR
EARLY INTERVENTION ADMINISTRATION TO
VARIOUS HEALTH DEPARTMENT ACCOUNTS
RESOLVED:
1.
That the sum of $41,712 in state funding through the American Recovery and
Reinvestment Act of 2009 is accepted.
2.
Account No. A4010.1, $20,000 to Account No. A4010.4, $3,000 to Account No. A4052.2,
287
$8,712 to Account No. A4052.4 with a like sum credited to Revenue Account No.
A11.4489.HLST.
Moved by: Mr. Truax
Adopted: Roll Call
Voting No: Kruger
Comments made regarding Resolution No. 235-09 included: Legislator Kruger questioned
what the funding in the resolution had to do with stimulating the economy. Legislator
Ungermann asked how it created any private sector, tax-paying jobs. He questions if this is
what the stimulus funding was intended for. Obviously the state has taken the stimulus
money which was meant to create jobs and decided to fund their programs with it.
ACCEPTING AND APPROPRIATING STATE AND FEDERAL FUNDS FROM
NEW YORK STATE HEALTH DEPARTMENT TO PUBLIC HEALTH ACCOUNTS
RESOLVED:
1.
That the sum of $170,299 in state funds to provide services under County
Public Health Emergency Preparedness is accepted.
2.
Account No. A4010.1, $17,913 to Account No. A4189.2, $112,144 to Account No. A4189.4,
$12,588 to Account No. A4189.8 with a sum of $170,299 credited to Revenue Account No.
A11.4489.4189.
Moved by: Mr. Truax
Adopted: Roll Call
(Memo: The funding accepted by Resolution No. 236-09 will aid the County in continuing
Public Health Emergency Preparedness activities, such as H1N1 vaccinations.)
ACCEPTANCE OF INSURANCE PAYMENTS FROM NYMIR AND
WHEREAS, a check in the amount of $181.95, representing the cost to replace a
broken windshield on a County 2007 Chevrolet Impala has been offered by NYMIR in
settlement for such property damage, which was discovered on November 5, 2009, and
WHEREAS, a check in the amount of $2,143.42, representing the cost, less a $200
deductible, to repair a 2006 Crown Victoria that was damaged when the vehicle struck a deer
on November 3, 2009, has been offered by NYMIR in settlement for such property damage,
288
RESOLVED:
1.
That insurance payments totaling $2,325.37 from NYMIR representing the cost
of replacing a broken window and reimbursable expenses for the repair of a 2006 Crown
Victoria are accepted.
2.
Adopted: Roll Call
(Memo: The vehicles referred to in Resolution No. 237-09 were assigned to Community
Services and the Sheriff’s Office respectively.)
TRANSFER OF FUNDS WITHIN OFFICE FOR THE AGING ACCOUNTS
TO COVER END OF YEAR EXPENSES
RESOLVED:
1.
That the sum of $11,123 is transferred as follows: $3,000 from Account No.
A6772.4 to Account No. A6772.1, $2,300 from Account No. A6773.1 to Account No. A6773.8,
$1,300 from Account No. A6778.4 to Account No. A6778.1, $123 from Account No. A6782.4
to Account No. A6782.8, $400 from Account No. A6783.4 to Account No. A6783.2 and
$4,000 from Account No. A6776.4 to Account No. A6773.4.
Moved by: Mr. Truax
Adopted: Roll Call
TRANSFER OF FUNDS WITHIN HEALTH DEPARTMENT
RESOLVED:
1.
That the sum of $105,349 is transferred within appropriation accounts to cover
expenditures through the end of fiscal year 2009, as follows: $12,000 from Account No.
A4010.103 to Account No. A4010.104, $675 from Account No. A4035.4 to Account No.
A4035.2, $5,000 from Account No. A4060.456 to Account No. A4043.409, $1,200 from
Account No. A4071.4 to Account No. A4071.2, $2,000 from Account No. A4060.2 to Account
No. A4072.4, $2,000 from Account No. A4190.2 to Account No. A4190.4, $7,999 from
Account No. A4060.4 to Account No. A4040.1 and $74,475 from Account No. A4060.456 to
Account No. A4040.4.
Moved by: Mr. Truax
Adopted: Roll Call
289
TRANSFER OF FUNDS WITHIN ASSESSMENTS ACCOUNTS
RESOLVED:
1.
A1355.1, to cover unexpected compensation expenses and anticipated shortage of funds
created by sell backs.
Adopted: Roll Call
Resolution Intro. No. 254-09 (Acceptance of Base Bid, Alternate Bid #5 – Replace
Existing Control Valves, and Alternate Bid #6 – Solid Surface Lavatory Two Station by Javen
Construction for General Construction Services Related to the Court Facilities Addition and
Renovation) was considered prior to Resolution Intro. No. 253-09 (Acceptance of Alternate
Bids #1 through #4 by Javen Construction for General Construction Services Related to the
Court Facilities Addition and Renovation; This Acceptance is Contingent upon Written
Verification from New York State Office of Court Administration Prior to December 14, 2009
that They will Provide Funding for these Alternatives).
ACCEPTANCE OF BASE BID,
ALTERNATE BID #5 – REPLACE EXISTING CONTROL VALVES AND
ALTERNATE BID #6 – SOLID SURFACE LAVATORY TWO STATION BY
JAVEN CONSTRUCTION FOR GENERAL CONSTRUCTION SERVICES RELATED TO
THE COURT FACILITIES ADDITION AND RENOVATION
WHEREAS, a base bid of $8,997,000 for general construction services for the Court
Facilities Addition and Renovation by Javen Construction was accepted, and
WHEREAS, an Alternate #5 bid to replace existing control valves (an energy efficiency
option) at an additional cost of $39,000 for the Court Facilities Addition and Renovation by
Javen Construction was accepted, and
WHEREAS, an Alternate #6 bid for solid surface lavatory two station (a durability
option) at an additional cost of $8,800 for the Court Facilities Addition and Renovation by
Javen Construction was accepted, and
WHEREAS, the County is prepared to issue a Notice of Award and enter into an
agreement with Javen Construction, subject to any determination or order that might ensue in
a court proceeding presently pending in Supreme Court before the Hon. Patrick H. NeMoyer
concerning the subject matter of the proposed agreement, now therefore, be it
RESOLVED:
1.
That the base bid and alternate bids #5 and #6 for general construction services
related to the Court Facilities Addition and Renovation submitted by Javen Construction are
approved.
290
2.
That the Notice of Award and agreement with Javen Construction shall indicate
that they are subject to modification or cancellation if required by subsequent court order or
determination ensuing from the proceeding presently pending in Supreme Court.
3.
That the Chairman of this Board is authorized to execute any and all paperwork
for such bids.
Adopted: Roll Call
Voting No: Kruger, McCormick, Truax, Ungermann
Legislator Kruger felt that it was unwise to move forward with either of the construction bid
resolutions until the Judge in Buffalo renders his decision on an injunction requested by the
Allegany County Citizens Group. Mr. Kruger didn't see where waiting three or four weeks
would make any difference.
Legislator Pullen stated that the bids have a given period before they expire. The bids came
in significantly lower than the estimates, so the project is now significantly under the original
authorization and projections. We are already slightly over the 45 day period to accept the
bids, and if we postpone this for another two weeks, the contractors could withdraw their bids.
Mr. Pullen remarked that he’d hate to see us lose the benefits achieved through the efforts of
this Board, and he strongly encouraged proceeding and awarding the bids.
Legislator Ungermann noted that the cost of the jail floor renovation could have been $1.2
million or $1.5 million, instead of his estimated $4 million, judging from the current market.
He stated that there was no one present that didn't know how he felt about this project.
There are a couple of common sense issues: 1- we can’t afford this; 2- we shouldn’t build
near a 50-foot drop-off by the Genesee River; and 3- there's a 15-thousand-ton coal train
going by several times a day within 100 feet of the proposed building.
ACCEPTANCE OF ALTERNATE BIDS #1 THROUGH #4 BY
JAVEN CONSTRUCTION FOR GENERAL CONSTRUCTION SERVICES RELATED TO
THE COURT FACILITIES ADDITION AND RENOVATION;
THIS ACCEPTANCE IS CONTINGENT UPON WRITTEN VERIFICATION FROM
NEW YORK STATE OFFICE OF COURT ADMINISTRATION
PRIOR TO DECEMBER 14, 2009, THAT THEY WILL PROVIDE FUNDING
FOR THESE ALTERNATIVES
WHEREAS, alternate bids #1 through #4 to polish brass light fixtures, light fixture
removal and replacement, refinish pew and jury box seating and enlarge existing courtroom
bench for the Court Facilities Addition and Renovation by Javen Construction have been
received, and
WHEREAS, alternate bids #1 through #4 are accepted contingent upon written
verification from New York State Office of Court Administration prior to December 14, 2009,
that the Office of Court Administration will provide funding for these alternates, now,
therefore, be it
291
RESOLVED:
1.
That alternate bids #1 through #4 submitted by Javen Construction are
approved, contingent upon written verification from New York State Office of Court
Administration prior to December 14, 2009, that they will provide funding for these alternates.
2.
That the Notice of Award and agreement with Javen Construction shall indicate
that they are subject to modification or cancellation if required by subsequent court order or
determination ensuing from the proceeding presently pending in Supreme Court.
3.
That the Chairman of this Board is authorized to execute any and all paperwork
for such bids.
Adopted: Roll Call
Voting No: Kruger, McCormick, Truax, Ungermann
Legislator Kruger noted that we all complain about state mandates and how costly they are to
the taxpayers, and we hear about devastating consequences that will occur if we don’t
comply, but it’s this Board’s responsibility to stand up to the state. It’s not only Medicaid that
buries us in payments, it’s one program right on top of another that the state starts and
begins to fund for a couple of years, and then they pull the funding. It's our failure to end
those programs that keeps us the highest taxed county in NYS.
Chairman Crandall remarked that this resolution is only to accept the alternate bids that the
state is paying for. Legislator Kruger replied that the state mandate from the Office of Court
Administration to build a Court facility is at the root of it all.
Legislator Pullen clarified that the resolution involves alternates; they are not change orders,
and they’re not due to a mistake. The resolution was contingent on written verification from
the OCA that they will pay for the alternates, and this verification has been received. The
cost will not be coming out of the bonding the County will do for the project.
APPROVAL OF AGREEMENTS WITH APPROVED PROVIDERS OF PROGRAMS,
SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES
RESOLVED:
1.
That Agreements titled "County of Allegany Contract for Approved Providers of
Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with Kid Start
Livingston Wyoming ARC and Building Blocks Comprehensive Services, for the period
September 1, 2009, to August 31, 2010, are approved.
2.
Moved by: Mr. Truax
Adopted: Roll Call
292
Legislator Kruger noted that it was important that someone provides for preschoolers with
disabilities, but why should it be the taxpayers of Allegany County? Many of these state
issues get dumped on the counties, and it's not going to stop by asking or negotiating through
NYSAC. It will stop when we stop making the payments.
Legislator Ungermann remarked that there was no Memorandum of Explanation with the
resolution, and questioned the cost. County Administrator John Margeson replied that 59
percent of the cost is reimbursed by the state, and 41 percent is the County’s responsibility,
which varies from year to year between $750,000 to $1.2 million.
AUTHORIZING PUBLIC HEALTH DIRECTOR TO CONTRACT WITH THE
NEW YORK STATE DEPARTMENT OF HEALTH FOR THE RENEWAL OF
ADOLESCENT TOBACCO ENFORCEMENT AND PREVENTION (ATUPA) SERVICES;
AUTHORIZING ACCEPTANCE AND APPROPRIATION OF FUNDS TO
HEALTH DEPARTMENT ACCOUNTS
RESOLVED:
1.
This Board authorizes the Public Health Director to contract with the New York
State Department of Health for the renewal of Adolescent Tobacco Enforcement and
Prevention (ATUPA) services for the period October 1, 2009, to September 30, 2010.
2.
That the sum of $29,891 in funds from the New York State Department of
Health for use in providing Adolescent Tobacco Enforcement and Prevention services, is
accepted.
3.
Account No. A4051.4 (Tobacco Awareness – Contractual), $13,291 to Account No. A4010.1
(Health Department – Personnel) with a like sum credited to Revenue Account No.
A10.3450.04 (State Aid – Tobacco Awareness).
Moved by: Mr. Truax
Adopted: Roll Call
Legislator O’Grady questioned if the $13,291 goes toward personnel and whether there was
an employee dedicated just to this program. Mr. Margeson responded that there isn't an
employee all of whose time is dedicated to this, but there are employees in the Health
Department who, over the course of the year, will work in the program, and that’s what the
$13,291 is for – to reimburse the cost of their time in this program.
Legislator Reynolds asked if the County still pays young people to try to buy cigarettes and
that kind of thing for enforcement. Health Director Lori Ballengee replied that they do get a
small stipend for that.
293
APPROVAL OF AGREEMENT WITH COVENTRY-INGENIX FOR
MANDATORY INSURER REPORTING SERVICES
WHEREAS, Coventry-Ingenix will assist the County in complying with the Mandatory
Insurer Reporting (MIR) section of the Medicare, Medicaid and SCHIP Extension Act, and
WHEREAS, all self-insured employers, workers’ compensation and liability insurers
are required to comply with the MIR requirements beginning October 1, 2009, and
WHEREAS, new Federal regulations require electronic reporting with many technical
requirements that make it impractical for the County to complete these tasks in-house, and
WHEREAS, there is an implementation fee of $1,000 and an annual fee of $3,000,
plus approximately $61,000 for other miscellaneous fees, creating a total cost of
approximately $65,000 for the first year of the Coventry-Ingenix’s contract, with these costs to
be charged to the Mutual Self-Insurance Plan Account No. S1710.430 (Consulting Service),
RESOLVED:
1.
approved.
2.
That the Agreement between the County of Allegany and Coventry-Ingenix is
Adopted: Roll Call
Voting No: Kruger
Legislator Ungermann noted that this is another issue that there’s no way around. We're
looking at a cost of $65,000 because someone changed the rules for workers’ comp.
Legislator Kruger referred to a statement in the resolution that reads, "New federal
regulations require electronic reporting with many technical requirements that make it
impractical for the County to complete these tasks in-house." Mr. Kruger asked where we are
lacking, technically. Chairman Crandall noted that this resolution came before the Board
about six weeks ago and was sent back to committee for further review. The issue was
explored by Self-Insurance Executive Secretary Doug Dillon, and a lot of discussion took
place in committee. This resolution is where we are now.
After verifying that this was just a one-year contract, Legislator Ungermann suggested that
we work to see if we can do this in-house.
Legislator Pullen commented that workers' comp cases involve a very specialized field of
activity. What is happening with the new regulations is that the state and federal government
are seeking to recover funding and also to limit payments out. They have passed down much
of the responsibility for the cases to the County. Mr. Dillon has explained that it will require
very specialized training and understanding of workers' comp rules to deal with these issues
of allocation, responsibility, costing out, and lump-sum settlements. We’re not just talking
about a programming issue, although that’s part of what this company does, but also
294
evaluation and analyzing eligibility and entitlement, and applying the rules to costing that
settlement proposal out. Mr. Pullen stated that he doesn’t believe there is anybody in the
County, other than Mr. Dillon, who has that background, and Mr. Dillon has said that this
transcends the background he has. We do have attorneys on retainer that will get involved if
it comes to a point of an actual dispute, but this represents a new initiative that will hopefully
result in savings long term, but short term it will increase the burden. It’s not primarily the
computer programming hit that we will experience; it’s the evaluation and analysis, as well as
inputting the data for years of benefits that have been paid to determine if there is a recovery
that has to be paid to Medicare and other government programs. This is one of those areas
that requires specialized background and training, and the proposed agreement is the most
cost-effective way to proceed.
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Pullen and carried,
$3,905,972.28, including prepaid expenses, be approved for payment as recommended by
the County Administrator (opposed: Kruger, Ungermann). (Allegany County’s Local Dollar
--------
REGULAR SESSION - DECEMBER 28, 2009
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led jointly by
Legislator William G. Dibble, former United States Navy Machinist Mate 3rd Class, and
Legislator Brent L. Reynolds, former United States Marine Corporal.
Chairman Curtis W. Crandall presented certificates to Legislator Brent L. Reynolds,
former United States Marine Corporal, and Legislator William G. Dibble, former United States
Navy Machinist Mate 3rd Class, in grateful appreciation of their service to our Country.
Legislators Dibble and Reynolds led the Pledge of Allegiance to the Flag at the beginning of
the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall, accompanied by NYS Assemblyman Daniel J. Burling, presented
Plaques of Appreciation to the six outgoing Legislators in recognition of their dedicated
service (see below). Each Legislator was given an opportunity to speak. Assemblyman
Burling congratulated the Legislators for their service and pledged his continuing support to
the new Board.
295
Michael J. McCormick
Karl D. Kruger
William M. Hall
Brent L. Reynolds
William G. Dibble
Ronald B. Truax
Democrat, District IV
Republican, District II
Republican, District V
Republican, District V
Republican, District III
Republican, District II
01/01/06-12/31/09
01/01/06-12/31/09
04/25/05-12/31/09
01/01/98-12/31/09
01/01/94-12/31/09
01/01/94-12/31/09
Chairman Crandall granted Privilege of the Floor to County Administrator John
Margeson, who introduced Deputy County Administrator Mitchell M. Alger, who began
employment effective today.
1.
January 2010 Calendar of Board and Standing Committee meeting dates.
1.
Correspondence from Town of Grove Supervisor Mike Johnsen commending
and recognizing the work of Development Director John Foels, Richard Zink of Southern Tier
West, Congressman Eric Massa, and the Board of Legislators, whose contributions have
been instrumental in the progress the Town of Grove has achieved this year.
2.
Correspondence to U.S. Senators Charles Schumer and Kirsten Gillibrand from
Chairman Crandall regarding the Patient Protection and Affordable Care Act.
3.
The Organization Meeting of the Board of Legislators will be held on Monday,
January 4, 2010, at 2 p.m. in the Legislative Chambers.
RESOLUTIONS:
RESOLUTION FIXING DATE OF 2010 ORGANIZATION MEETING
RESOLVED:
1.
That the Board of Legislators shall meet on Monday, January 4, 2010, at 2:00
P.M. in the Legislators’ Chambers in the County Office Building, Belmont, New York, for the
purpose of organizing the Board, selecting a Chairman and such other officers or appointees
as may be desired, and for the transaction of any other business which could properly come
before any regular meeting of the Board.
Adopted: Voice Vote
SUSPENDING CERTAIN COUNTY BOARD RULES
AFFECTING PROPOSED RESOLUTIONS REQUESTED TO BE SUBMITTED AT
ORGANIZATION MEETING ON JANUARY 4, 2010
296
RESOLVED:
1.
That section D. of Rule 170 and sections C., D. and E. of Rule 180 of County
Board Rules, are suspended for proposed resolutions which are requested to be submitted at
the organization meeting of the County Board of Legislators to be held on January 4, 2010.
Adopted: Voice Vote
CHANGING REGULAR BOARD MEETING DATE FROM FEBRUARY 8, 2010
TO FEBRUARY 5, 2010
RESOLVED:
1.
Notwithstanding Rule 110.A. of County Board Rules, the first regular meeting of
the Board in the month of February of 2010 shall be held on February 5, 2010, and not on
February 8, 2010.
Adopted: Voice Vote
(Memo: Resolution No. 248-09 was requested to allow Legislators to attend the annual
NYSAC Conference being held from February 8 through 10, 2010.)
DESIGNATING THE WELLSVILLE DAILY REPORTER AS SOLE OFFICIAL NEWSPAPER
FOR THE PERIOD DECEMBER 27, 2009 TO JANUARY 2, 2010
WHEREAS, the Clerk of this Board was informed that the Cuba Patriot & Free Press,
one of the official newspapers, will not be publishing during the period of December 27, 2009
to January 2, 2010, now, therefore, be it
RESOLVED:
1.
Notwithstanding the provisions of Section 1 of Resolution No. 268-2007, the
newspaper The Wellsville Daily Reporter is designated as the sole official newspaper to
publish local laws, notices and other matters required by law to be published during the
period of December 27, 2009, to January 2, 2010.
Adopted: Voice Vote
RESOLUTION DESIGNATING OFFICIAL NEWSPAPERS FOR
THE PUBLICATION OF LOCAL LAWS, NOTICES AND OTHER MATTERS
REQUIRED BY LAW TO BE PUBLISHED IN 2010
297
WHEREAS, in accordance with subdivision 1 of Section 214 of the County Law the
majority of the members of this Board of Legislators representing the Republican Party which
is one of the two principal political parties into which the people of this State are divided have
designated in writing the newspapers set forth below to publish, in 2010, the concurrent
resolutions of the State Legislature, election notices issued by the Secretary of State, and the
official canvass:
Concurrent resolutions of the Legislature:
The Alfred Sun, Alfred, New York (Republican)
Election Notices and Official Canvass:
WHEREAS, subdivision 2 of Section 214 of the County Law requires this Board of
Legislators to annually designate at least two newspapers within the County of Allegany as
official newspapers for the publication of all local laws, notices and other matters required by
law to be published, now, therefore, be it
RESOLVED:
1.
That the newspapers listed below are designated as the official newspapers of
the County of Allegany for the publication of local laws, notices and other matters required by
law to be published in 2010:
Adopted: Voice Vote
APPOINTMENT OF COMMISSIONER OF ELECTIONS
Pursuant to Election Law §§ 3-202, 3-204
WHEREAS, the Chairman of the Allegany County Democratic Committee has filed
with the Clerk of this Board, a certificate in accordance with Election Law § 3-204 that
recommends the appointment of Catherine (Cass) Lorow to the office of Commissioner of
Elections to fill the remainder of John (Jack) Colligan’s four-year term expiring December 31,
2010, and
WHEREAS, the Personnel Committee has determined that Catherine (Cass) Lorow is
qualified to hold such office, now, therefore, be it
RESOLVED:
1.
That Catherine (Cass) Lorow is appointed Commissioner of Elections with term
of office commencing January 1, 2010, and expiring December 31, 2010.
298
Moved by: Mr. Hall
Adopted: Voice Vote
APPOINTMENT OF MEMBERS TO ALLEGANY COUNTY FIRE ADVISORY BOARD
Pursuant to County Law § 225-a.
RESOLVED:
1.
That each of the following persons is appointed to the Allegany County Fire
Advisory Board, with term of office for each to commence January 1, 2010, and expire
December 31, 2010:
Richard Hoffman, Jr.
Judson Stearns, Jr.
Robert Prior
Bryan Snyder
Ed Sackett
Richard Sortore
David Jennings
Brandon LaValley
Terry Richardson
Donald Van Skiver
Robert Lester
Gerald Gayford
Wes Sortore
David Vogel, Sr.
Sherman Gage
Dan Metcalf
Jeff Luckey
David Sweet
Larry Erdmann
LeRoy Ives
Alan Mills
Alfred
Alfred Station
Allentown
Almond
Andover
Angelica
Belfast
Belmont
Bolivar
Canaseraga
Cuba
Fillmore
Friendship
New Hudson
Richburg
Rushford
Short Tract
Wellsville
Whitesville
Willing
Wiscoy-Rossburg
Seconded by: Mr. Burdick
Adopted: Voice Vote
REAPPOINTMENT OF FIVE INCUMBENT MEMBERS TO
COUNTY TRAFFIC SAFETY BOARD
RESOLVED:
1.
That Kevin (Fred) Demick, Guy James, Susan Belmont, Ann Feuchter and
Steve Mattison are reappointed to the County Traffic Safety Board, with term of office for
each to commence January 1, 2010, and expire December 31, 2012.
299
Adopted: Voice Vote
REAPPOINTMENT OF ONE LEGISLATIVE MEMBER AND APPOINTMENT OF
ONE LEGISLATIVE MEMBER AND ONE COUNTY FARM BUREAU APPOINTEE TO
THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD
RESOLVED:
1.
That Theodore L. Hopkins is reappointed and Douglas D. Burdick is appointed
to the Allegany County Soil and Water Conservation District Board, as Legislative Members,
with term of office for each to commence January 1, 2010, and expire December 31, 2010.
2.
That Phil May is appointed to the Allegany County Soil and Water Conservation
District Board, as a County Farm Bureau Appointee, with term of office to commence January
1, 2010, and expire December 31, 2012.
Adopted: Voice Vote
REAPPOINTMENT OF FOUR MEMBERS AND APPOINTMENT OF ONE MEMBER TO
ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY
Pursuant to Title 1 of Article 18-A and Section 906-a of the General Municipal Law
RESOLVED:
1.
That John Corneby, David Crowley, Charles Jessup and Theodore Hopkins are
reappointed members of the Allegany County Industrial Development Agency for a four-year
term commencing January 1, 2010, and expiring December 31, 2013.
2.
That Richard Ewell is appointed as a new member of the Allegany County
Industrial Development Agency for a four-year term commencing January 1, 2010, and
expiring December 31, 2013.
2.
to the Secretary of State for filing pursuant to Section 856(2) of the General Municipal Law.
Adopted: Voice Vote
REAPPOINTMENT OF FOUR MEMBERS AND APPOINTMENT OF ONE NEW MEMBER
TO ALLEGANY COUNTY INDUSTRIAL AND COMMERCIAL INCENTIVE BOARD
300
RESOLVED:
1.
That John Corneby, David Crowley, Charles Jessup and Theodore Hopkins are
reappointed members of the Allegany County Industrial and Commercial Incentive Board for
a four-year term commencing January 1, 2010, and expiring December 31, 2013.
2.
That Richard Ewell is appointed as a new member of the Allegany County
Industrial and Commercial Incentive Board for a four-year term commencing January 1, 2010,
and expiring December 31, 2013.
Adopted: Voice Vote
DELEGATING AUTHORITY FOR CERTAIN REAL PROPERTY TAX REFUNDS AND
CORRECTION OF TAX BILLS AND TAX ROLLS
Pursuant to Sections 554 (9) (a) and 556 (8) (a) of the Real Property Tax Law
WHEREAS, Sections 554 and 556 of the Real Property Tax Law authorize the County
Board of Legislators to delegate the authority to make real property tax refunds and correct
tax bills and tax rolls where the recommended refund or correction is $2,500 or less, and
WHEREAS, utilization of this option will save numerous resolutions per year, and
WHEREAS, it is proposed that the County Administrator, who is also the County
Auditor, as the individual who audits bills for payments, would be the official to perform the
delegated refund and correction duties, and
WHEREAS, should the County Administrator as County Auditor deny the refund, the
application would then be presented to the County Board of Legislators for its consideration,
and
WHEREAS, the delegation must be given each calendar year, now, therefore, be it
RESOLVED:
1.
This Board does delegate the authority to make real property tax refunds and to
correct tax bills and tax rolls to the County Administrator as County Auditor pursuant to the
above sections of the Real Property Tax Law subject to the limitations in paragraphs 2. and
3. of this resolution for calendar year 2010.
2.
That for calendar year 2010, the County Administrator as County Auditor is
authorized to perform the duties of the County Board of Legislators in providing real property
tax refunds, where the recommended refund is $2,500 or less, in accordance with Section
556 of the Real Property Tax Law.
301
3.
That for calendar year 2010, the County Administrator as County Auditor is
authorized to correct tax bills and tax rolls, where the recommended correction is $2,500 or
less, in accordance with Section 554 of the Real Property Tax Law.
Adopted: Roll Call
CHARGEBACK TO TOWNS OF COST OF VARIOUS TAX SUPPLIES
PURCHASED OR PROVIDED FOR BY COUNTY
WHEREAS, assessment rolls, field books and various other tax supplies have been
purchased or provided by the County for Towns within the County, and
WHEREAS, it is necessary to charge the cost of such items back to the Towns, now,
therefore, be it
RESOLVED:
1.
That the cost of assessment rolls, field books and various other tax supplies
purchased or provided by the County to the Towns within Allegany County shall be charged
back to the Towns on the 2010 tax rolls, as follows:
Alfred
Allen
Alma
Almond
Amity
Andover
Angelica
Belfast
Birdsall
Bolivar
Burns
Caneadea
Centerville
Clarksville
Cuba
1,509.60
690.00
1,236.00
1,401.60
1,718.40
1,616.40
1,375.20
1,424.40
710.40
1,903.20
934.80
1,717.20
756.00
1,348.80
2,707.20
Friendship
Genesee
Granger
Grove
Hume
Independence
New Hudson
Rushford
Scio
Ward
Wellsville
West Almond
Willing
Wirt
1,573.20
1,456.80
700.80
811.20
1,428.00
1,008.00
912.00
2,016.00
1,488.00
531.60
4,449.60
643.20
1,299.60
1,207.20
Adopted: Roll Call
2009-2010 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED WITH REGARD
TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN;
302
RESOLVED:
1.
2.
3.
4.
That the Tax Collector of the Town of Andover is ordered and directed to
correct in the 2009-2010 County and Town Tax Roll the assessment or taxes, or both, of the
a.
Howland, Michael K. & Ann: Parcel 216.18-1-4
the assessment on this parcel was incorrect on the assessment roll due to the appraisal
information by the assessor, and by reducing the Total Taxable Value to $60,000, and by
correcting the County and Town taxes, as follows:
School
Library
Total
$0.00
7.10
$7.10
School
Library
Total
$2,181.69
9.46
$2,191.15
303
5.
6.
2010.
Adopted: Roll Call
Resolution Intro. No. 272-09 (Establishment of Petty Cash Fund in County Attorney’s
Office) was amended following a motion made by Legislator Kruger, seconded by Legislator
Pullen and carried to change the wording in Resolved No. 1. from “a revolving” petty cash
fund to “an annual” petty cash fund.
ESTABLISHMENT OF PETTY CASH FUND IN COUNTY ATTORNEY’S OFFICE
RESOLVED:
1.
There is established an annual petty cash fund for the Allegany County
Attorney’s Office at his office in Belmont, New York, in the amount of $250.
2.
such fund.
That the County Attorney is designated as the official responsible for the use of
Adopted: Roll Call
ACCEPTING AND APPROPRIATING FUNDS RECEIVED FROM
THE GOVERNOR’S TRAFFIC SAFETY PROGRAM STEPS IN SAFETY GRANT
(SAFETY ON WHEELS)
RESOLVED:
1.
That the Governor’s Traffic Safety Program STEPS in Safety Grant funds in the
amount of $3,000 is appropriated to Account No. A3114.4 (Traffic Program – Contractual)
with a like sum credited to Revenue Account No. A10.3389.3114 (State Aid – STOP DWI –
STEPS in Safety).
Adopted: Roll Call
304
(Memo: The grant accepted by Resolution No. 261-09 is for Youth Education and Safety to
be used for a Bicycle Safety Program, state fiscal year 10/01/09-09/30/10.)
APPROVING CONTRACT WITH ALLEGANY-CATTARAUGUS LEGAL SERVICES, INC.
FOR FAMILY COURT AND CRIMINAL COURT LEGAL REPRESENTATION OF
INDIGENT PERSONS WHERE CONFLICT EXISTS WITHIN
PUBLIC DEFENDER’S OFFICE;
AUTHORIZING CHAIRMAN TO EXECUTE SUCH CONTRACT
Pursuant to Sections 363, 366, 450, and 722 of the County Law
WHEREAS, the County has solicited proposals for the provision of legal
representation in Family Court and Criminal Courts to those who are financially unable to
obtain counsel pursuant to New York State County Law Section 722, and
WHEREAS, Allegany-Cattaraugus Legal Services, Inc. having an office at 5829
Cemetery Hill Road, P.O. Box 96, Belmont, New York 14813, can provide the
aforementioned legal services for an amount not to exceed $208,000, plus actual expenses
for expert witnesses and other ordinary litigation expenses in an amount not to exceed
$5,000, now, therefore, be it
RESOLVED:
1.
That the Contract with Allegany-Cattaraugus Legal Services, Inc., to provide
such indigent representation for a term commencing January 1, 2010, and terminating
December 31, 2010, is approved. The Chairman of this Board of Legislators is authorized to
execute a contract on behalf of Allegany County.
2.
Changes to the appropriation accounts and other budgetary changes necessary
to effectuate the above agreement shall be made by the Budget Officer.
Adopted: Roll Call
(Memo: The contract approved by Resolution No. 262-09 was recommended by the Public
Safety Committee following the issuance of a Request for Proposals. Three proposals were
received. One was unsuccessful as it did not provide for service to individuals appearing in
Family Court; the other proposed an annual fee which was higher than that put forth by
Allegany-Cattaraugus Legal Services.)
Comments made regarding Resolution No. 262-09: Legislator Kruger felt there were conflicts
of interest existing within the corporation for which the contract was requested.
AUTHORIZING SALE OF ABANDONED COUNTY RIGHT OF WAY
TO ABUTTING LANDOWNERS
305
WHEREAS, the County superintendent of highways has recommended the
abandonment of a portion of lands heretofore used as County highways which are of no
further use for highway purposes, and
WHEREAS, this property comprises that portion of the former N.Y. Route 19 located in
the Town of Amity lying southerly of the southeasterly bounds of County Road 20 to the
northeasterly bounds of the Old N.Y. Route 19, and
WHEREAS, pursuant to New York Highway Law §118-a, upon the recommendation of
the County superintendent of highways, this Board may adopt a resolution abandoning to the
abutting owner or owners that portion of said highway which is of no further use for highway
purposes upon such terms and conditions as the Board shall deem proper, now, therefore, be
it
RESOLVED:
1.
That the Allegany County Board of Legislators does hereby abandon and
agrees to transfer by quit claim deed to the abutting owners, upon the payment of the sum of
three hundred dollars ($300) per acre or part thereof plus legal fees, that portion of the former
N.Y. Route 19 lying southerly of the southeasterly bounds of County Road 20 to the
northeasterly bounds of the Old N.Y. Route 19.
2.
That the County Attorney is directed to prepare the necessary papers to quit
claim the County’s interest in this property to the abutting landowners.
3.
That upon receipt of payment, the Chairman of this Board is authorized to sign
and deliver any papers necessary to transfer title to an abutting landowner.
Adopted: Roll Call
TRANSFER OF FUNDS WITHIN LAW ENFORCEMENT PROBATION ACCOUNT
RESOLVED:
1.
A3140.2.
Adopted: Roll Call
(Memo: The transfer in Resolution No. 264-09 was requested for the purchase of new chairs,
a storage cabinet, and a table.)
TRANSFER OF FUNDS WITHIN YOUTH PROGRAMS ACCOUNTS
Offered by: Public and Safety and Ways and Means Committees
306
RESOLVED:
1.
That the sum of $3,000 is transferred from Account No. A7315.4 (S. Tier
Traveling Teacher Special GED) as follows: $1,000 to Account No. A7321.4 (Youth Court)
and $2,000 to Account No. A7313.4 (Youth Compeer).
2.
That the sum of $1,700 is transferred from Account No. A7312.4 (Allegany Arts)
to Account No. A7318.4 (Peers Helping Peers).
Adopted: Roll Call
(Memo: Regarding Resolution No. 265-09, the transfers in Resolved No. 1. were due to the
Southern Tier Traveling Teacher declining funding for the Special GED Program. The
transfer in Resolved No. 2. was requested when the Allegany Arts declined their funding due
to the receipt of adequate private donations. NYS OCFS approved of the reallocations.)
APPROVAL OF APPROPRIATION FOR DISTRICT OPERATIONS AND AGREEMENT
WITH ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT
FOR THE MANAGEMENT OF COUNTY REFORESTATION AREAS, PARKS AND
AGRICULTURAL DISTRICTS FOR A THREE-YEAR PERIOD;
AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT
RESOLVED:
1.
That the appropriation for District operations and agreement with the Allegany
County Soil and Water Conservation District for the management of County Reforestation
Areas, Parks and Agricultural Districts for the period January 1, 2010, to December 31, 2012,
in the total amount of $130,000 per year, is approved.
2.
The Chairman of this Board is authorized to execute the Agreement.
Adopted: Roll Call
APPROVAL OF AGREEMENTS WITH THE
VILLAGES OF BOLIVAR, CUBA, AND WELLSVILLE AND
TOWNS OF FRIENDSHIP AND CANEADEA IN RELATION TO
THE DISPOSAL OF COUNTY LANDFILL LEACHATE AT THE VILLAGE AND TOWN
WASTE WATER TREATMENT PLANTS;
AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENTS
RESOLVED:
1.
That Agreements between the County of Allegany and the Villages of Bolivar,
Cuba, and Wellsville, and Towns of Friendship and Caneadea in relation to the County's
disposal of leachate at the respective Village and Town waste water treatment plants at the
rate of $.025 per gallon for period January 1, 2010, to December 31, 2010, are approved.
307
2.
That the Chairman of this Board is authorized to execute the Agreements.
Adopted: Roll Call
RESOLUTION APPROVING PROPOSED BRIDGE MAINTENANCE AGREEMENT WITH
THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR
THE COUNTY OF ALLEGANY TO MAINTAIN A CERTAIN COUNTY ROAD,
WHICH IS A PORTION OF THE STATE ROUTE 305 OVER GRIFFIN CREEK
BRIDGE REPLACEMENT (BIN: 1045470) IN THE TOWN OF CUBA,
COUNTY OF ALLEGANY, PROJECT DESIGNATED AS
NEW YORK PROJECT PIN 6031.45
WHEREAS, the New York State Department of Transportation has submitted to the
County of Allegany a proposed bridge maintenance agreement by which the County of
Allegany is to maintain 0.039 centerline kilometers of a County Road (shown as part
numbered 2B on the Table of Maintenance) known as County Road 6 and to be designated
as a portion of New York Project No. 6031.45 and said proposed agreement also provides for
the County of Allegany to request the Department of Transportation to submit the
aforementioned project with the recommendation that it be approved by the Administrator of
the United States Federal Highway Administration, and that if such project is approved and
constructed by the Department and the Administrator of the United States Federal Highway
Administration, the County of Allegany will thereafter at its own cost and expense maintain
the previously described portion of this project in a manner satisfactory to the Department of
Transportation and the Administrator of the United States Federal Highway Administration, or
their authorized representatives, and make ample provision each year for such maintenance,
and
WHEREAS, the County of Allegany shall maintain such road and guarantee the
maintenance of such road when constructed and will pay the cost of such maintenance and
will maintain the project in a manner satisfactory to the New York State Department of
Transportation or its authorized representatives, and will make ample provisions each year
for such maintenance, and
WHEREAS, the New York State Department of Transportation shall submit such
project to the Administrator of the United States Federal Highway Administration and
recommend to him the approval of the same for construction with funds apportioned to the
State for construction of Highways and related projects under the provisions of Federal
Highway acts, now, therefore, be it
RESOLVED:
1.
That the Allegany County Board of Legislators authorizes the Chairman of such
Board to act for the County of Allegany and to enter into an agreement with the State
Department of Transportation, in manner and form and substance as herein stated.
2.
That the Clerk of this Board will provide two certified copies of this resolution
authorizing the Chairman of this Board to execute the agreements on behalf of the County of
Allegany in any manner and form required by the Department of Transportation, or the
Administrator of the United States Federal Highway Administration and attach the seal of the
County of Allegany thereto.
308
Adopted: Roll Call
APPROVING SUPPLEMENTAL AGREEMENT #2 WITH THE
NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT)
FOR CR 20 OVER NORTH BRANCH VAN CAMPEN CREEK IN
THE TOWN OF FRIENDSHIP (PIN 6753.98); APPROPRIATING FUNDS THEREFOR
WHEREAS, by Resolution No. 73-2006 this Board approved funding for the
replacement of BIN 3047780, County Route 20 over North Branch Van Campen Creek, Town
of Friendship, Allegany County, PIN 6753.98 (the Project), and
WHEREAS, an amendment is necessary to the agreement increasing the amount of
the Right-of-Way phase to include the acquisition portion of the Project and to extend the
Project end date to allow time to complete the acquisition and construction portions of the
Project, and
WHEREAS, funding for this Project was budgeted in the 2007, 2008 and 2010 budgets
in Account No. H5640.200, now, therefore, be it
RESOLVED:
1.
That the Allegany County Board of Legislators hereby approves Supplemental
Agreement #2 for the above Project.
2.
That the Chairman of the Allegany County Board of Legislators is authorized to
execute this Supplemental Agreement #2.
3.
That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection
with the Project.
4.
Adopted: Roll Call
MEMORIALIZING STATE LEGISLATURE TO CAUSE
A CORRIDOR STUDY TO BE DONE OF THE EXTENSION OF STATE ROUTE 400
TO STATE ROUTE 417 IN THE VILLAGE OF WELLSVILLE
WHEREAS, the County is desirous of promoting economic development and tourism
in Allegany County and the surrounding Southern Tier of New York State, and
WHEREAS, the present New York State government is desirous of promoting
economic growth in Western New York, and
309
WHEREAS, Allegany County is a very poor County and needs the help of the State in
providing transportation routes that enhance access to its major manufacturing facilities, and
WHEREAS, the Village of Wellsville is the largest village in Allegany County and the
location of the County’s largest manufacturing sector which in turn provides a significant
number of jobs within this region, and
WHEREAS, modern highways are critical to the well-being of local economies, and
WHEREAS, border crossings at Buffalo and Niagara Falls in Western New York
provide a critical gateway for traffic and commerce between the United States and Canada,
which in turn benefits the economy of Allegany County, and
WHEREAS, recent news reports indicate that the Peace Bridge project, involving a
new “signature bridge” alongside the existing bridge, is moving forward with the likelihood of
increased border traffic in the not too distant future, and
WHEREAS, a significant component of Canada’s economy is located within the
greater Toronto metropolitan region across the border from the Buffalo/Niagara region of
Western New York, and
WHEREAS, the major metropolitan regions along the United States East Coast are
currently linked to the greater Toronto metropolitan region in Canada via overused highways
that do not provide the best and shortest route between such regions, and
WHEREAS, the economies of Western New York and the Northwest Commonwealth
of Pennsylvania continue to struggle economically and lack the economic vitality of the major
metropolitan regions along the United States East Coast and the greater Toronto
metropolitan region, and
WHEREAS, the placement of an extended State Route 400, (as indicated on the
attached map), from South Wales in Erie County southeasterly to a point of intersection with
State Route 417 in the Village of Wellsville could be the first step in the creation of a more
direct interstate super highway, and
WHEREAS, this route would link the powerful economic regions on the United States
East Coast with Canada and foster continued economic growth within those regions while
providing greater opportunity for Western New York and the North-Central region of
Pennsylvania to more directly participate and benefit from such economic growth, and
WHEREAS, the extension of State Route 400 as a four-lane highway southerly from
South Wales, New York, through Allegany County to intersect with State Route 417 in the
Village of Wellsville would encourage development along the proposed route while facilitating
easier access to and from the more urban areas north of South Wales in Erie County, and
WHEREAS, a review of the State Highway System shows that there is no direct
access along a single state highway to the greater Buffalo metropolitan region and Niagara
frontier from the Village of Wellsville, and
WHEREAS, the placement of an extended State Route 400 from South Wales in Erie
County southeasterly to a point of intersection with State Route 417 in the Village of
Wellsville could provide four-lane highway access to the main manufacturing base in
Allegany County which is located in the Village of Wellsville, and
WHEREAS, an extension of State Route 400 would intersect I-86 at Exit 30 near
Belvidere in Allegany County and provide a more direct truck route from Canada, Buffalo and
310
the Niagara frontier to major East Coast seaports in New York City, New Jersey and
Philadelphia, and
WHEREAS, the extension of State Route 400 would provide easier access for tourists
to visit Allegany County and the north-central “Pennsylvania Wilds” region from Canada,
Buffalo and the Niagara frontier, and
WHEREAS, the proposed corridor for such an extension would run southerly into
Wyoming County to the east of Arcade near Bliss; thence through the Town of Eagle in
Wyoming County to the Town of Centerville in Allegany County where it would then traverse
in a southeasterly direction into the Genesee River Valley; thence south to the Village of
Wellsville ending at State Route 417, now, therefore, be it
RESOLVED:
1.
That the Allegany County Board of Legislators hereby memorializes the New
York State Legislature to pass legislation which would require that a corridor study be done
for the extension of State Route 400 from its existing terminus in South Wales, Erie County,
to a point where it would intersect State Route 417 in the Village of Wellsville, Allegany
County.
2.
That certified copies of this Resolution be forwarded to New York State
Governor David Paterson; U.S. Senator Charles E. Schumer; U.S. Senator Kirsten Gillibrand;
U.S. Representative Eric Massa; U.S. Representative Brian Higgins; U.S. Representative
Chris Lee; New York State Senators Catharine M. Young, Michael H. Ranzenhofer, Antoine
M. Thompson, William T. Stachowski and Dale M. Volker; Senate Majority Leader Pedro
Espada Jr.; Assembly Speaker Sheldon Silver; Assemblyman Daniel Burling; Assemblyman
Joseph M. Giglio; Acting Commissioner of Transportation Stanley Gee; NYSAC; and the
InterCounty Association of Western New York.
Adopted: Voice Vote
TRANSFERS BETWEEN APPROPRIATION ACCOUNTS
WHEREAS, the Committees of this Board have authorized expenditures and such
expenditures may be in excess of appropriations, and
WHEREAS, unexpended, unencumbered balances may exist in accounts, now,
therefore, be it
RESOLVED:
1.
That the County Treasurer is authorized to make transfers between
appropriation accounts upon her books and to expend the same therefrom as she deems
necessary for the purpose of balancing the accounts for the end of the 2009 fiscal year.
2.
That upon the completion of such transfers the County Treasurer shall file a
certification listing such transfers with the Clerk of this Board. Such certification shall be
incorporated in the 2009 proceedings of this Board following this resolution.
311
Adopted: Roll Call
BUDGET TRANSFERS WITHIN DEPARTMENTS, PER RESOLUTION #271-09
TO:
GENERAL FUND
Clerk of the Board
A1040.101
3,705
A1040.104
450
A1040.407
75
Public Defender
Assigned Council
Grand Jury
Treasurer
Assessments
County Clerk
County Attorney
Elections
Public Works Administration
Shared Services - Buildings
Central Services - Computers
Special Education PHC
E-911 Dispatch
A1170.102
A1170.105
A1170.106
A1170.107
A1171.430
A1190.429
A1325.104
A1325.402
A1325.403
A1355.101
A1355.106
A1355.107
A1355.407
A1355.429
A1410.102
A1410.103
A1410.105
A1410.201
A1410.401
A1410.409
A1410.432
A1420.101
A1420.106
A1450.101
A1450.105
A1450.107
A1490.101
A1490.104
A1620.105
A1620.106
A1620.202
A1620.409
A1620.422
A1620.426
A1620.433
A1680.101
A1680.105
1,030
2,510
2,895
115
3,460
70
465
40
2,300
2,575
45
220
40
1,500
590
5,230
1,135
75
100
90
1,345
2,790
3,390
14,005
4,850
255
1,315
80
805
2,525
160
345
1,265
1,050
1,780
7,195
220
A2960.438
A3112.102
A3112.104
A3112.105
A3112.106
A3112.205
12,635
290
15,915
1,640
1,090
16,305
FROM:
A1040.105
A1040.419
A1040.106
A1040.102
A1170.101
A1170.434
1,585
1,695
880
70
4,945
1,605
A1171.431
A1190.408
A1325.101
3,460
70
2,805
A1355.105
A1355.403
A1355.405
2,140
1,475
765
A1410.101
8,565
A1420.407
6,180
A1450.201
19,110
A1490.405
1,395
A1620.101
7,930
A1680.102
A1680.103
A1680.104
A2960.440
A3112.101
3,795
2,925
695
12,635
35,240
312
Probation
STOP DWI
Jail
Public Safety Facility Bldgs & Grnds
Traffic Control
Fire Service
Emergency Services
Health
Family Planning
Rabies Clinics
Health - Early Intervention Admin.
Health - Early Intervention Program
Cancer Screen
Bioterrorism Preparedness
WIC
Mental Health Administration
TO:
A3140.104
A3140.106
A3140.407
A3140.409
A3140.416
A3140.421
A3141.105
A3141.802
A3141.803
A3141.804
A3141.805
A3150.104
A3150.107
A3150.213
A3150.214
A3150.401
A3150.447
A3152.101
A3152.104
A3152.404
A3152.408
A3152.433
A3310.408
A3410.101
A3410.103
A3410.104
A3410.105
A3410.203
A3410.402
A3640.101
A3640.104
A3640.105
A3640.107
A3640.416
A4010.103
A4010.104
A4010.105
A4010.106
A4010.201
A4035.427
A4043.408
A4052.405
A4060.457
A4071.402
A4189.408
A4190.206
A4310.101
A4310.405
A4310.416
A4310.420
A4310.803
A4310.804
A4310.805
A4310.806
23,170
8,090
250
415
305
635
185
510
795
100
60
165,110
3,070
2,800
410
460
11,965
1,435
2,325
840
150
995
160
2,315
445
120
255
280
290
2,080
220
400
120
10
3,610
60
10,750
5,185
2,715
20
920
500
200
435
135
30
8,570
2,255
110
950
40
90
10
3,935
FROM:
A3140.101
32,865
A3141.101
1,650
A3150.101
183,815
A3152.428
5,745
A3310.409
A3410.411
A3410.405
160
3,000
705
A3640.102
A3640.106
A3640.447
470
500
1,860
A4010.101
22,320
A4035.428
A4043.409
A4052.407
A4060.456
A4071.405
A4189.407
A4190.201
A4310.409
A4310.201
A4310.205
20
920
500
200
435
135
30
10,050
4,500
1,410
313
Mental Health - Youth ICM
Mental Health Contracts
Mental Health AOT
Social Services Administration
Medical Assistance
Development
Veterans' Service
Consumer Affairs
OFA - Nutrition
OFA - Supportive Services
OFA - State LTCOP
OFA - Community Srvcs. Elderly
TO:
A4312.101
A4312.407
A4313.457
A4313.458
A4313.460
A4313.463
A4313.464
A4317.102
A4317.105
A4317.106
A4317.802
A4317.803
A4317.804
A6010.103
A6010.104
A6010.105
A6010.107
A6010.409
A6010.476
A6010.201
A6010.407
A6010.482
A6101.477
A6101.479
A6430.105
A6430.414
A6510.407
A6610.102
A6610.106
A6610.408
A6772.104
A6772.105
A6772.106
A6772.107
A6772.405
A6772.408
A6772.475
A6772.802
A6772.803
A6772.804
A6773.105
A6773.107
A6773.402
A6775.101
A6775.105
A6775.802
A6775.803
A6775.804
A6776.102
A6776.104
A6776.107
A6776.405
A6776.416
5,330
655
5
7,495
360
12,500
5
230
575
290
90
25
10
4,585
2,875
4,535
645
1,455
281,855
16,908
190
17,960
5,475
95
735
4,835
30
50
170
85
195
335
1,435
495
20
140
270
1,055
315
70
1,115
380
915
390
85
15
25
10
245
35
140
240
55
FROM:
A4312.806
5,985
A4313.464
A4313.459
20,360
5
A4317.409
1,220
A6010.101
A6010.477
A6010.421
127,000
186,910
17,098
A6101.474
5,570
A6430.101
5,570
A6510.402
A6610.101
30
305
A6772.422
4,330
A6773.101
A6773.103
A6773.428
A6775.402
1,300
470
640
525
A6776.101
715
314
OFA - HEAP
OFA - EISEP
OFA - SNAP
OFA - Title VII Elder Abuse
OFA - HIICA
OFA - Title IIID
OFA - Weatherization
OFA- Congregate Srvcs. Initiative
OFA - Title IIIE Family Caregiver
TO:
A6777.101
A6777.102
A6777.104
A6777.106
A6777.405
A6777.416
A6778.102
A6778.104
A6778.106
A6778.107
A6778.407
A6778.409
A6778.416
A6778.802
A6778.803
A6778.804
A6779.102
A6779.104
A6779.106
A6779.107
A6779.402
A6779.474
A6781.101
A6781.102
A6781.105
A6781.107
A6781.802
A6781.803
A6781.804
A6782.104
A6782.106
A6782.401
A6782.802
A6782.803
A6782.804
A6783.101
A6783.106
A6783.802
A6783.803
A6783.804
A6784.102
A6784.104
A6784.106
A6784.802
A6784.803
A6784.804
A6785.409
A6786.102
A6786.105
A6786.106
A6786.107
A6786.401
10
275
5
250
5
10
875
475
1,215
425
225
660
25
275
420
110
560
145
1,335
365
850
3,970
385
5
45
10
5
5
5
315
320
125
270
410
110
80
25
5
5
5
330
605
175
545
830
220
20
20
630
315
50
20
FROM:
A6777.105
555
A6778.474
4,705
A6779.101
7,225
A6781.402
460
A6782.101
1,550
A6783.201
120
A6784.408
2,705
A6785.408
A6786.101
A6786.103
A6786.104
A6786.408
20
575
140
140
225
315
OFA - Title IIIE Family Careg. (cont.)
OFA - SPOE
Youth Bureau
Solid Waste
TO:
A6786.802
A6786.803
A6786.804
A6786.805
A6787.101
A6787.102
A6787.105
A6787.107
A6787.201
A6787.401
A6787.405
A6787.802
A6787.803
A6787.806
A7310.107
A7310.416
A8160.103
A8160.104
A8160.407
A8160.408
A8160.412
A8160.416
A8160.492
A8160.408
SUBTOTAL A
EMPLOYMENT & TRAINING
WIA Title I Administration
ACDSS Employment Service
WIA Title 1 Dislocated Worker
WIA Youth
CD16400.105
CD16400.106
CD16400.106
CD16400.107
CD16403.102
CD16403.103
CD16403.104
CD16403.105
CD16403.106
CD16403.107
CD16403.413
CD16403.414
CD16406.102
CD16406.106
CD16406.405
CD16406.408
CD16410.102
CD16410.104
CD16410.105
CD16410.107
CD16410.402
CD16410.405
CD16410.408
CD16410.414
CD16410.416
FROM:
10
15
5
15
70
455
525
295
30
110
520
130
195
725
15
20
4,295
2,010
120
995
24,105
275
15,735
615
838,948
1,875
3,535
835
470
830
80
1,705
9,195
630
225
285
215
955
290
265
95
995
340
755
125
810
40
2,920
125
75
A6787.103
A6787.104
A6787.106
A6787.402
A6787.407
A6787.408
A6787.409
A6787.419
A6787.424
80
145
60
560
200
740
70
100
1,100
A7310.101
35
A8160.422
A8160.101
A8160.411
35,200
12,335
615
838,948
CD16400.101
6,715
CD16403.101
13,165
CD16406.101
1,605
CD16410.101
CD16410.806
5,500
4,225
316
WIA Youth (cont.)
WIA Youth - RFP
WIA - DPN Disability Program
TANF SYEP
TANF SYEP
TO:
CD16410.803
CD16410.804
CD16410.805
CD16412.101
CD16412.474
CD16412.802
CD16412.803
CD16412.804
CD16415.101
CD16794.102
CD16794.104
CD16794.105
CD16794.107
CD16794.474
CD16795.804
SUBTOTAL CD1
FROM:
3,305
215
20
830
2,570
280
525
40
605
355
255
2,525
385
1,710
685
41,290
CD16412.402
CD16412.408
CD16412.413
CD16412.475
CD16412.806
CD16415.405
CD16794.101
100
600
100
1,980
1,465
605
5,230
CD16795.101
685
41,290
RISK RETENTION
CS1937.435
10,155
10,155
CS1936.434
10,155
10,155
CSH1710.430
CSH1722.429
CSH9062.806
CSH9063.807
42,865
47,415
2,540
214,135
306,955
CSH9061.807
306,955
25
5
45
525
7,880
2,585
34,535
44,115
D3310.103
75
D5020.103
D5110.101
525
10,465
D5142.466
D5412.465
D5110.422
32,500
2,035
44,115
89,715
2,270
20
340
2,630
DM5130.101
2,630
H5997.200
23,340
23,340
H12.5031.5997
23,340
23,340
S1710.105
2,385
S1710.409
17,790
SUBTOTAL CS
RISK RETENTION HEALTH
Administration
Excess Insurance
Hospitalization
Prescription
SUBTOTAL CSH
COUNTY ROAD
Traffic Control
Engineering
Maintenance Roads & Bridges
Snow Removal
D3310.101
D3310.102
D3310.106
D5020.101
D5110.408
D5110.465
D5142.408
D5110.408
SUBTOTAL D
306,955
89,715
ROAD MACHINERY
DM5130.105
DM5130.106
DM5130.416
SUBTOTAL DM
2,630
CAPITAL
SUBTOTAL H
SELF-INSURANCE
317
TO:
S1710.106
S1710.107
S1710.402
S1710.416
S1710.430
S1710.805
S1720.406
S1720.406
SELF-INSURANCE (cont.)
SUBTOTAL S
GRAND TOTAL WITHIN
DEPARTMENT TRANSFERS
FROM:
220
645
125
160
3,965
30
9,445
815
17,790
17,790
1,330,823
1,330,823
BUDGET TRANSFERS INTERDEPARTMENTAL WITHIN THE SAME FUND,
PER RESOLUTION #271-09
TO:
A1011.101
7,835
A1011.409
97,445
A1011.424
1,760
District Attorney
A1165.101
6,960
A1165.102
135
District Attorney
A1165.106
400
A1165.201
1,280
A1165.401
390
A1165.402
795
A1165.403
85
A1165.405
400
Assigned Counsel
A1165.407
900
Human Resources
A1165.409
370
A1165.411
240
A1165.433
150
Assigned Council
A1171.430
107,225
A1171.431
2,465
Justices
A1180.429
240
Sheriff
Human Resources
A1430.101
11,240
A1430.106
190
A1430.402
55
A1430.407
250
Community Colleges
A2495.421
4,160
Sheriff
A3110.103
34,715
A3110.104
85,235
A3110.106
2,715
A3110.107
245
A3110.401
290
A3110.407
270
Probation - Alt to Incarc.
A3142.104
1,185
A3142.105
430
A3142.106
30
Probation - Alt to Incarc.
A3142.107
15
A3142.407
50
A3142.803
55
A3142.805
5
A3142.806
4,805
FROM:
A1011.102
A1011.105
A1011.401
A1011.402
A1165.105
A1165.413
A1165.416
A1165.419
A1165.429
A1165.431
A1171.409
A1430.104
A1430.105
A1430.107
A1430.405
A1430.409
A1430.432
A3110.101
A3110.102
A3110.105
A3110.203
A3110.402
A3110.408
A3110.409
A3110.411
A3110.415
A3110.419
A3110.421
A3110.422
A3110.424
A3110.425
A3142.101
A3142.102
A3142.401
A3142.402
A3142.416
A3142.802
1,435
1,415
575
145
1,070
320
570
350
195
600
1,000
615
365
100
130
295
1,300
50,105
1,840
540
100
930
480
475
5,215
465
325
5,040
19,215
475
1,760
875
370
100
680
605
265
318
Probation - Int. Sprv.
Health - Nurses
Council Alcohol/Subs.Ab.
Mental Health CSS
Mental Health Reinvest.
Mental Health ICM
Bus Transportation
Social Services Admin.
Medical Assistance
Home Relief
State Fuel Crisis Asst.
Veterans' Service
Other Recreation
Historian
TO:
A3143.101
A3143.407
A3143.416
A3143.802
A3143.803
A3143.804
A3143.805
A3143.806
A4011.101
A4011.102
A4011.103
A4011.104
A4011.105
A4011.106
A4011.107
A4011.403
A4011.408
A4011.416
A4011.456
A4011.459
A4011.460
A4011.462
A4011.409
A4011.409
A4220.456
A4220.458
A4314.456
A4314.456
A4314.457
A4314.460
A4315.457
A4315.464
A4316.101
A4316.105
A4316.106
A4316.802
A4316.803
A4316.804
A4316.806
A5630.465
A6010.201
A6101.474
A6101.477
A6101.478
A6140.474
A6141.474
A6510.101
A6510.105
A7185.483
A7510.103
A7510.105
A7510.106
A7510.107
7,500
115
50
220
365
65
20
4,805
73,645
2,485
12,540
1,410
4,540
1,270
2,260
670
1,115
30
23,275
47,340
9,350
51,620
40,720
9,085
68,855
67,675
9,320
12,775
1,040
5,500
10
16,645
2,315
95
95
120
105
15
2,390
88,470
23,340
8,895
26,390
13,580
42,395
825
3,895
615
48,175
830
10
1,660
775
Probation - Int. Sprv.
Health - Nurses
Tobacco
Council Alcohol/Subs.Ab.
Mental Health ICM
Medical Assistance
Veterans' Service
Historian
Jail
Probation
Health
Interfund Transfers
Health
FROM:
A3143.102
A3143.105
A3143.106
A3143.107
A3143.402
A4011.407
A4011.419
A4011.422
A4011.424
A4011.425
A4051.402
A4051.405
A4051.407
A4051.408
A4051.419
A4051.424
A4220.459
A4220.460
A4220.461
A4316.102
A4316.457
A6101.475
A6101.476
A6101.479
A6510.102
A6510.104
A6510.106
A6510.401
A7510.101
A7510.102
A7510.104
A3150.103
A3140.103
A4010.101
A4010.102
A4010.107
A4010.401
A4010.402
A4010.403
A4010.404
A9560.904
A4010.405
A4010.406
A4010.407
A4010.408
A4010.409
A4010.415
A4010.416
A4010.419
A4010.421
A4010.422
A4010.424
A4010.425
1,045
2,380
1,140
475
1,155
165
150
1,400
500
400
295
215
150
150
250
200
3,615
62,975
41,115
395
465
1,750
9,835
7,575
420
330
335
295
1,005
245
1,010
36,505
10,625
159,135
7,255
3,080
1,335
2,650
8,180
250
23,340
1,260
795
1,920
53,970
9,360
250
2,035
2,065
975
3,780
500
265
319
County Reforestation
TO:
A8710.409
3,720
Family Planning
Mental Health Admin.
Mental Health Youth ICM
Social Services Admin.
Mental Health Youth ICM
Mental Health Contracts
Mental Health AOT
FROM:
A4010.457
A4010.460
A4010.461
A4010.462
A4010.463
A4010.465
A4035.408
A4035.458
A4310.102
A4310.105
A4310.107
A4310.401
A4310.402
A4310.406
A4310.407
A4310.412
A4310.424
A4310.426
A4310.427
A4310.428
A4310.429
A4310.802
A4312.102
A4312.105
A4312.106
A4312.107
A4312.201
A4312.204
A4312.401
A4312.402
A4312.405
A4312.406
A4312.409
A4312.411
A4312.416
A4312.422
A4312.424
A4312.457
A4312.802
A4312.803
A4312.804
A4312.806
A6010.102
A6010.106
A6010.401
A6010.402
A6010.403
A6010.405
A6010.406
A4312.806
A4313.464
A4317.101
A4317.409
160
1,075
995
150
1,165
755
12,360
1,760
655
1,035
1,485
275
1,740
330
485
480
100
355
590
2,810
725
105
930
2,415
3,130
575
2,500
645
500
300
450
1,080
1,000
4,110
440
3,625
200
845
1,010
535
150
6,805
11,780
1,565
3,575
1,505
2,510
2,825
5,945
4,995
24,645
1,625
4,710
320
TO:
Interfund Transfers
Contingent
GRAND TOTAL INTERDEPARTMENTAL TRANSFERS
FROM:
A9560.910
A1990.429
1,120,040
233,500
188,720
1,120,040
Dated: December 31, 2009
Terri L. Ross, Allegany County Treasurer
Resolution Intro. No. 284-09 (Abolishing Three Positions in the Department of Health)
was amended following a motion made by Legislator Truax, seconded by Legislator Dibble
and carried to change the effective date in Resolved No. 2. from December 31, 2009, to
February 14, 2010.
ABOLISHING THREE POSITIONS IN THE DEPARTMENT OF HEALTH
WHEREAS, the Health Department contracted with Altreya Consulting, LLC to
undertake an efficiency study of the Health Department, and
WHEREAS, as part of its recommendations, Altreya recommended the elimination of
various positions within the Health Department, and
WHEREAS, it is believed that the elimination of various positions as recommended by
Altreya will result in increased efficiency in the operation of the Health Department, now
therefore, it is
RESOLVED:
1.
That one position of Account Clerk Typist for the Environmental Health Division
is abolished effective December 31, 2009.
2.
That one position of Senior Typist for the Early Intervention Program is
abolished effective February 14, 2010.
3.
That one part-time position of Account Clerk Typist in the Health Department is
abolished effective December 31, 2009.
Moved by: Mr. Truax
Adopted: Roll Call
Voting No: McCormick
(Memo: Regarding Resolution No. 272-09, the position in Resolved No. 3 is in the Preschool
Physically Handicapped Children Program.)
AUDITS:
321
the County Administrator (opposed: Kruger). (Allegany County’s Local Dollar Share of the
NYS Medicaid Program paid year-to-date is $8,136,376. This is also the total for 2009.)
Truax, seconded by Legislator Kruger and carried.
--------
CERTIFICATE OF JOURNAL
LEGISLATORS’ CHAMBERS
BELMONT, NEW YORK
COUNTY OF ALLEGANY
STATE OF NEW YORK
)
)SS:
)
Pursuant to the provisions of law, we do hereby certify that this Journal was printed by
authority of the Board of Legislators of Allegany County and the foregoing contains a true
record of the Proceedings of said Board and the whole thereof, at all Regular and Special
Sessions held during the year 2009.
CURTIS W. CRANDALL, Chairman
BRENDA RIGBY RIEHLE, Clerk of the Board
322
OFFICE FOR THE AGING
2009 ANNUAL REPORT
The Allegany County Office for the Aging (ACOFA) is the identified focal point through
which aging programs are funded and integrated. The ACOFA plans, coordinates and
advocates the development of comprehensive and coordinated service delivery systems for
all elderly, and provides limited funds for services directed at those elderly with the greatest
economic or social need. Eighteen percent of Allegany County’s population is over age 60.
The Office for the Aging is committed to helping Allegany County residents over age 60
remain productive, independent, and maintain personal integrity.
FUNDING
The budget total for the ACOFA
The County share of that total was
The Federal share of that total was
The State share of that total was
The Long Term Home Care total was
Contributions to the agency were
SERVICES
2,933 people served
NUTRITION
Total meals served
Meals-on-wheels
Congregate meals
Blizzard Box meals
EISEP IN-HOME SERVICES
Homemaker/Personal Care
Housekeeper/Chore
Case Management
TRANSPORTATION
ASSISTED TRANSPORTATION
LEGAL
HEAP
IN-HOME CONTACT & SUPPORT
INFORMATION & ASSISTANCE
HEALTH PROMOTION
CAREGIVER SERVICES
PERS (LIFELINE)
2009
1,683,824.00
422,825
408,554
595,130
7,887
249,428
2009
114,350
89,840
23,535
975
3,886 hrs
6,559 hrs
1,303 hrs
4,133 rides
7 rides
109 hrs
1,075 apps
374 contacts
15,815 contacts
992 programs
167 contacts
1,216
OTHER ACTIVITIES
Medicare Part D Education and Outreach, two monthly Caregiver Support Groups,
Caregiver Survival Program, Medicare Basics Programs, Growing Stronger Programs at 10
sites, Senior Forum, Senior Picnic, Long Term Care Ombudsman, Silver Linings Newsletter,
Nutrition Education, Blizzard Boxes, Farmer’s Market Coupon Distribution, Fair Booth, Tax
Preparation Clinics, and NYConnects: Allegany County, the Point of Entry for Long Term
Care Services.
A full text of the activities of the Office for the Aging is on file in the Clerk of the Board
of Legislators’ Office, Allegany County Office Building, Belmont, New York.
Respectfully submitted,
Kimberley Toot, Director
323
2009 ANNUAL REPORTS
COMMUNITY SERVICES
2009 ANNUAL REPORT
The Allegany County Office of Community Services consists of two major divisions. The
first is the Local Governmental Unit (LGU) that receives money from the New York State Office of
Mental Health, Office of Mental Retardation and Developmental Disabilities, and the Office of
Alcoholism and Substance Abuse Services. Community Services then contracts with local
agencies to provide services to Allegany County residents and acts as the local regulatory
oversight for these agencies. The second part of Community Services provides services within
the County including but not limited to Intensive Case Management and Assisted Outpatient
Treatment.
During this past year, the Community Services Board underwent significant
reorganization. The Mental Hygiene Law requires that a CSB consist of either 15 or 9 members.
In the past, Allegany County has been a 15-member board, but in order to increase efficiency and
effectiveness, the County established the Board as a 9-member organization. After the
reorganization, the Board received training from Attorney Jed Wolkenbreit, of the Conference of
Local Mental Hygiene Directors, pertaining to duties and responsibilities.
In compliance with the Mental Hygiene Law, the Allegany County Community Services
Board (CSB) oversees the operations of the department. Policy making functions are vested in
this Board which is comprised of fifteen members (now changed to nine) appointed by the
Legislature (two of whom are County Legislators). The Board is organized with three subcommittees: Developmental Disabilities; Chemical Dependency; and Mental Health. These subcommittees work with the CSB and the Director of Community Services (DCS) to provide local
planning that ensures the most efficacious delivery of services to Allegany County residents.
As the executive officer of the CSB, the DCS is responsible to the Board and for
implementing existing policies. The office engages in contract management with provider
agencies and must assure the contractual, budgetary, and regulatory compliance of these
agencies. The Office is accountable for processing monthly expenditures and reimbursement
claims from the contract agencies and to complete the quarterly state aid claim process.
During 2009, Allegany County maintained contracts with the following agencies:
ACCORD; Allegany Council on Alcoholism and Substance Abuse; Allegany County Arc; Allegany
County Mental Health Association; ARA; DePaul Addictions, Inc.; Finger Lakes Parent Network;
Housing Options Made Easy; and Arbor Development, Inc. Annual Reports from these agencies
are attached to the full report located in the Clerk of the Board of Legislators’ Office, Allegany
County Office Building, Belmont, New York. In addition, the CSB and the Allegany County
Legislature authorized financial support to Pathways, Inc., Literacy Volunteers, Family Services,
and the Allegany-Western Steuben Rural Health Network.
Allegany County Community Services ensures appropriate, coordinated services to
County residents needing behavioral health services. In addition to the oversight of the
contractual agencies, direct services are provided through Intensive Case Management (ICM);
Single Point of Access (SPOA); Single Point of Entry; and Assisted Outpatient Treatment. In the
area of prevention, Community Services offers Common Sense Parenting classes open to all
residents with referrals from other agencies. In addition, it is also the Department’s obligation to
monitor and approve expenses incurred under the Mental Hygiene Law.
The Community Services Department maintains collaborative and cooperative
relationships with other County Departments and Human Service Agencies in the County and in
the region. Allegany County residents continue to receive excellent Behavioral Health services
from dedicated providers.
Robert W. Anderson, Ph.D., Director
324
CORNELL UNIVERSITY COOPERATIVE EXTENSION
2009 ANNUAL REPORT
Cornell University Cooperative Extension of Allegany County continued to publish and
mail out its newspaper to 21,450 postal customers in Allegany County. The Extension
website, www.ccealleganycattaraugus.org, became a well used portal for disseminating
research based knowledge from Cornell and other Land Grant Universities, in areas of
health, nutrition, life skills, energy management, youth development, agriculture, economic
development, and natural resources.
In 2009, Cooperative Extension saved Allegany County $173,045 in fringe benefit
costs by hiring employees and contracting them out to the Allegany County Department of
Health. These employees filled positions in the Women, Infants, and Children Program
(WIC), Bioterrorism/Disaster Preparedness Program, and Health Education Programs.
Sharing expertise and staff with McKean, Potter, and Cameron Counties enabled
Extension to provide additional programming in the Agriculture and Natural Resources
program area. These partnerships are vital as Cooperative Extension continues to expand
resources and programming.
Under the umbrella of Nutrition, Health, and Safety, 407 families from all economic
backgrounds completed programs on issues of daily living skills, nutrition, and energy
management education. A strong emphasis was placed on childhood obesity and related
health risks. Staff worked closely with local school cafeterias to promote healthy lunches for
students.
The Environmental and Natural Resource Enhancement program area, which has only
one staff person, has enlisted the assistance of 14 Cooperative Extension trained Master
Gardeners to expand natural resources education in the County.
The 400 Allegany County youth enrolled in the 4-H program experienced a variety of
activities that promote positive youth development. Club activities include: raising and
showing animals, shooting sports, dog obedience, textile arts, natural resources, and
woodworking projects.
In addition to Rural Living and Rural Landowner Conferences, 2009 program topics
included the following educational programs: Emerald Ash Borer information sessions,
Beginning Farmers, Maple School, Agricultural Economic Development, Farm Business
Management, Organic Poultry Production, and promoting locally grown products.
Dianne Baker, Regional Director
325
2009 ANNUAL REPORTS
CORONERS
2009 ANNUAL REPORT
CORONERS:
L. Herbert Williams
21 N. Genesee Street
Fillmore, NY 14735
Ted Crowell
296 North Main Street
Mark Rinker
5 Champlain Avenue
Cuba, NY 14727
Maynard “Bud” Baker
Baker-Swan Funeral Home
PO Box 804, 7 Church Street
Andover, NY 14806
The above listed coroners investigated a total of 86 deaths in 2009 and were
compensated $12,900.
Funeral home charges totaled $2900.
Coroners and funeral homes were also compensated for miscellaneous expenses
such as mileage and supplies totaling $9,662.78.
The Health Department contracts with Monroe County Health Department to perform
autopsies. The Examiner’s Office performed 35 autopsies in 2009 and was reimbursed
$27,063. Their findings were:
Cause of Death
Accidental
Natural
Suicides
Undetermined
Pending
Cases
6
21
4
1
2
Lori Ballengee, Public Health Director
326
COUNTY ADMINISTRATOR
2009 ANNUAL REPORT
This report is intended to provide a highlight of activities in which the County
Administrator was involved in 2009.
A substantial amount of time and effort was spent throughout the year preparing for
and participating in negotiations for the continuance of collective bargaining agreements with
all four bargaining units which represent County employees. At the conclusion of the year, no
agreements had been reached. However, it is my expectation that some bargaining success
will be achieved in 2010.
At the onset of the year, I personally chose to assume the responsibility of
representing management at grievance hearings rather than utilizing the services of the firm
Bond, Schoeneck and King. This decision resulted in the savings of approximately $8,000 in
avoided fees for service.
Following the decision by the Board of Legislators to move forward with the
construction of an addition to the County Courthouse, I coordinated and participated in a
series of facility planning meetings between County officials, representatives from the New
York State Office of Court Administration, and LaBella Associates to accomplish final design
of the facility. In addition, with the assistance of LaBella Associates, I prepared a Request for
Proposals which culminated in the hiring of BOVIS Lend Lease as the County’s Construction
Manager for the project, and I worked with the Allegany County Attorney and the law firm of
Hodgson Russ in preparing a Project Labor Agreement which permitted the County to avoid
the requirements of the Wicks Law on this project. Lastly, I worked with LaBella Associates
in the preparation of bid documents for the project, resulting in an award to Javen
Construction, Fairport, New York, at a cost of $8.99 million which was $3.7 million less than
the engineering estimate for the construction phase of the project.
In June, I travelled to Albany with Chairman Crandall and Director of Development
John Foels to meet with State Comptroller Thomas DiNapoli for the purpose of discussing
concerns on the part of the Comptroller’s staff associated with approval of the sewer and
water districts intended to serve the Crossroads Project at the intersection of NY State Route
19 and Interstate 86 in Belvidere. The Comptroller expressed a willingness to approve these
districts provided we could identify sufficient committed end users of the services.
Throughout the year, I participated as an ex-officio member of the Allegany County
Comprehensive Plan Implementation Group and worked with Chairman Crandall to restructure and broaden not only the membership of this advisory team, but also the scope of
its authority.
Subsequent to the availability of ARRA funds targeted to public transportation, I
worked throughout the year with staff of the Allegany-Western Steuben Rural Health Network
to upgrade the quality of the public transit fleet and to implement a more coordinated system
of public transportation, all with an eye toward enhancing the image of the system, improving
ridership, and controlling cost.
As usual, the period of June through November is committed to preparation of the
County Tentative Operating Budget and adoption of a Final Budget. With the assistance of
the Budget Committee, Deputy Budget Officer Terri Ross, and our department head staff, we
were able to finalize a balanced budget which called for a 1.7 percent increase in the average
County tax rate.
In mid-year, the Board of Legislators generously approved the creation of a Deputy
County Administrator position, and in the autumn, I solicited applications for the position
327
2009 ANNUAL REPORTS
receiving in excess of sixty applications. In November, the position was offered to Mitchell M.
Alger who is a native of Bath, New York, and was employed in the Office of the County
Administrator in Yuma County, Arizona. Mitch undertook his duties in Allegany County in
December, and I am very pleased to have him as a part of the County’s administrative staff.
It is my intent to utilize Deputy Administrator Alger in the areas of grant writing, fiscal
analysis, oversight of County operations, and labor/management dispute resolution.
Respectfully Submitted,
328
COUNTY ATTORNEY
2009 ANNUAL REPORT
The Allegany County Attorney's Office provided legal representation to the County
Board of Legislators and all other County offices and departments. This involved the
rendering of formal and informal opinions, legal research, attendance at conferences,
attendance at Board and Committee meetings, individual and group consultations, as well as
preparation for and appearances in Supreme, County and Family Court actions and
proceedings. In addition, laws affecting County operations were examined and appropriate
legal advice rendered as a result.
A wide variety of other work was undertaken for the Board of Legislators and County
departments and offices. The following legislation, instruments and documents were
prepared and/or approved:
a.
b.
c.
d.
e.
f.
272 Resolutions and 1 Local Law.
176 Agreements were prepared & reviewed for various County Departments.
Preparation of 71 tax deeds; extensive examination of 675 title searches.
Prepared 215 confessions of judgments for the Department of Social Services.
Prepared 297 child support satisfactions of judgment.
Prepared 8 discharge of mortgages totaling $5,855.18.
A few projects of note that this office remains actively involved with are the Court
Facilities Project and the Water District Project. Furthermore, the County Attorney oversees
the work of outside counsel involved in representing Allegany County in tort claims and labormanagement issues.
The following extensive Family Court work was performed:
a.
b.
c.
Preparation/prosecution of 50 juvenile delinquency proceedings.
Preparation/prosecution of 30 Persons In Need of Supervision proceedings.
Preparation/prosecution of 201 neglect and 46 child abuse proceedings.
Support Collection is one of the areas for which the County Attorney’s Office provides
legal oversight, with day-to-day representation contracted out to private counsel on behalf of
the Commissioner of Social Services. The Allegany County Support Collection Unit collected
a total of $6,545,777 for calendar year 2009. Of that amount collected, $409,262 will
reimburse public assistance grants. That amount is the first ever decline in collections and
most likely reflects the challenging economic times we are in. The number of paternity cases
established in calendar year 2009 was 196 (131 via paternity acknowledgment signed at the
hospital and 65 by Allegany County Support Collection Unit petition to Family Court for an
Order of Filiation).
In addition to the receipt of $351,400 of anticipated revenues, the County Attorney's
Office received unanticipated revenues of $119,693.75 for legal services rendered to the
Department of Social Services and STOP DWI Office. Thus, total 2009 revenues were
$471,093.75, which represents an increase of $39,930.25 over last year. Substantial
revenue is also generated as a result of services related to enforcing liens for Medicaid
and/or public assistance grants. Finally, together with outside counsel, this office represents
Allegany County in an ongoing lawsuit against pharmaceutical companies to recoup
damages for drug overcharges. To date, this litigation has resulted in thousands of dollars
being returned to County taxpayers with much more to come.
Ten years ago, the annual report from this office showed that total revenues for 1999
were $166,438.50. Since that date, this office has added one attorney and no additional
clerical support although revenues are up by over $300,000. In the last year, expenditures
329
2009 ANNUAL REPORTS
for outside legal counsel were up, but this entailed specialized work under unique
circumstances. Established legal work remains in-house despite increasing demands for
legal services by DSS. Recommendations as to when and how outside legal services should
be retained will be based upon what is in the best interest of the County.
These are challenging times that stretch our limited resources as never before. The
County Attorney’s Office looks forward to working with each of you to help meet these
challenges.
Thomas A. Miner, County Attorney
330
COUNTY CLERK
2009 ANNUAL REPORT
I herewith submit my report as County Clerk for the fiscal year beginning January 1,
2009, to and including December 31, 2009.
RECEIPTS
Recording Documents
Copies
UCCS
Filing Papers
All Other Services
Voluntary Surrenders of Registrations
Automobile Registrations and Operator’s Licenses, etc.
Passports
Record Management & Cultural Education Fund
Total
$ 156,395.50
28,423.23
3,585.00
65,091.00
105,701.94
3,274.00
183,389.70
4,975.00
6,613.00
$ 557,448.37
All of the above fees have been paid to the County Treasurer. Receipts are on file.
MORTGAGE TAX
Mortgage Tax Collected
$ 636,291.72
Paid to County Treasurer (Basic Tax)
Paid to County Treasurer (Additional Tax)
Paid to NYS Mortgage Agency
**Clerk Hire
$ 291,126.12
124,595.15
124,995.78
95,574.67
$ 636,291.72
TRANSFER TAX
Total Transfer Tax Collected
**Paid to County Treasurer
Paid to NYS Tax Commission
$ 196,402.00
$
2,064.00
194,338.00
$ 196,402.00
EQUALIZATION & ASSESSMENT FORMS
Total Equalization & Assessment Fees Collected
**Paid to County Treasurer
Paid to NYS Equal. & Assessment
$ 215,294.00
$
14,607.00
200,687.00
$ 215,294.00
RECORD MANAGEMENT & CULTURAL EDUCATION FUND
Total Record Management & Cultural Education Fund
Paid to County Treasurer
$ 132,260.00
$
6,613.00
125,647.00
$ 132,260.00
331
2009 ANNUAL REPORTS
CLERK OF COURT
Clerk of Court Monies Collected
$ 332,027.27
***Paid to County Treasurer
Total
$
30,600.00
301,427.27
$ 332,027.27
NOTARY PUBLIC
Total Notary Public Monies Collected
*Paid to County Treasurer
Paid to NYS Dept. of State
Total
$
$
7,000.00
2,480.00
4,520.00
7,000.00
$
MOTOR VEHICLE DEPARTMENT
Total Motor Vehicle Fees Collected
Auto Use Tax
New York State Sales Tax Collected
Interest Collected on Sales & Use Tax
Total
$1,542,696.55
284,470.00
390,213.96
10.20
$2,217,390.71
Paid to County Treasurer:
Registration and License Fees
Voluntary Surrenders of Registrations
**Fees for Collecting Sales Tax
**1/2 Interest Collected
Total
County Share of Auto Use Tax
(Local Law 1 of 2003)
Grand Total for County
NYS Dept. of Motor Vehicles Account
Remitted to NYS Sales Tax Bureau
1/2 Interest Collected & Remitted to NYS
Sales Tax Bureau
State Share of Auto Use Tax
Total
$ 183,389.70
3,274.00
3,981.00
5.07
$ 190,649.77
$ 278,957.36
$ 469,607.13
$1,356,032.85
386,232.96
5.13
5,512.64
$1,747,783.58
*Included in Receipts under “Filing Papers”
**Included in Receipts under “All Other Services”
***Included in Receipts under “Filing Papers” & “Recording Documents”
Dated: January 31, 2010
Robert L. Christman, County Clerk
332
COUNTY HISTORIAN
2009 ANNUAL REPORT
Once again, it has been my pleasure to serve as the County Historian, Museum
Curator, and County Records Management Officer for 2009.
For the year, I presented 93 slide programs, some traditional film and some
contemporary digital. The most popular and greatly appreciated program I offer is my latest
one: Pearl Harbor Remembered: 1941 and 2008. I had the privilege of visiting Pearl Harbor,
Hawaii, and the USS Arizona Memorial on Sunday, December 7, 2008, the 67th anniversary
of the Japanese attack on our base which brought the United States into World War II.
Visiting there and conversing with the ever-dwindling number of survivors was the historical
and emotional highlight of my life. The first public presentation of my program was at the
Annual Dinner Meeting of the Allegany County Planning Board in late January 2009.
All of my programs are offered free of charge to in-County organizations. However,
evening programs presented outside of the County are “negotiable.”
As for records management, we still have a near-capacity situation in our records
storage building located at the County landfill. On the bright side, more of our departments
are starting to have their records professionally shredded when they have reached their
retention time limit.
Craig R. Braack, County Historian
333
2009 ANNUAL REPORTS
OFFICE OF DEVELOPMENT
2009 ANNUAL REPORT
The Office of Development focused our collective efforts in the development of
commerce within the County through the retention, expansion, and attraction of business and
services.
Swain Ski & Snowboard Resort – During early 2009, the owners of Swain Ski area decided to
sell the property by the fall, or if an operator was not found, close the ski area permanently.
In the fall, the operators of Ski Denton, in Pennsylvania, entered into an agreement to lease
the facility. Assistance included transitional support. Swain is the County’s largest winter
tourism attraction, providing measurable employment, sales tax, and property taxes.
Comprehensive Plan Implementation Group – On the successful completion of the County’s
“first ever” Comprehensive Plan, the Comprehensive Pan Implementation Group was formed
to provide the direction for short and long term plan implementation. The group’s focus
included support of the Greater Allegany County Chamber of Commerce, the Transportation
Task Force, County Tourism initiatives, development in strategic commerce corridors, and
the support of programs and strategies to develop a more positive image for Allegany
County.
Wireless/Broadband – As part of the implementation of the Comprehensive Plan, an
increased effort was initiated to provide broadband services throughout the County. In
conjunction with the support of Southern Tier West, wireless services were installed in the
Town of Grove, to support the new operations at Swain Ski Resort. At year’s end, the
systems were in place, providing wireless and cell service to an area that had previously
been unserviced.
Sawyer Group – Early in the year, Six-S Golf Course was purchased by an Irish based
corporation. The Development Office assisted with various aspects of the project including
NYSDEC regulations and the permitting process. Delays were encountered due, in part, to
the European economy. Improvements and residential planning continues.
Genesee River Wilds – Public and private entities continued to press forward with planning
for enhanced public access to recreational opportunities on the Genesee River. Plans were
developed to provide “pocket parks” along the Genesee for enhanced outdoor activities.
Tourism Initiatives – This year, a timely transition of the management of Tourism services
was completed with the Greater Allegany County Chamber of Commerce. The Chamber,
with over 100 members, is a strong partner in the development of commerce within the
County.
Seneca Nation – During the year, the Seneca Nation acquired the former Tracewell
Electronics facility in Cuba. The over 92,000 square foot facility and the surrounding acres
will be positioned for sale or lease. The Development Office, in conjunction with NYS Empire
State Development and the Friendship Empire Zone will be actively engaged.
John E. Foels, Director
334
DISTRICT ATTORNEY
2009 ANNUAL REPORT
The District Attorney hereby submits this summary of his annual report in the severely
condensed format required by Board resolution.
The calendar year 2009 saw the ever-increasing caseload of prior years continued,
with a nearly five percent increase in overall numbers and over 16 percent increase in felony
arrests. The caseload of all the prosecutors remains at levels far exceeding limits
recommended by National and State Prosecution standards, with a corresponding impact on
efficiency and effectiveness. As in many other counties, fiscal concerns have led to budget
limitations, with corresponding decreases in the operational abilities of the office. The
legislature and public should be aware that the limited resources available can only stretch so
far; however, and should the caseload increase any further, additional staff may be needed.
During the 2009 calendar year, 3,185 new files were opened. Of these new files,
1,084 were misdemeanors, 397 were investigations or miscellaneous or initially regarded as
a felony level arrest, 1,609 were violations, and 95 were violations of probation. Of these
categories, only misdemeanors showed a slight decrease (51 files less), with increases in
every other category. Of the new files, 1st Assistant DA Keith Slep was assigned 600,
Assistant DA Amanda Finn was assigned 623, Assistant DA Andrew Cornell was assigned
432, and Assistant DA Michael B. Finn was assigned 381. Terrence M. Parker, as District
Attorney, assumed direct responsibility for 1,128 new files, including the pending major felony
cases, as well as exercising supervisory authority over all other files. A Special Prosecutor
was needed and appointed to handle only 21 files in 2009.
Terrence M. Parker continued to serve as full-time District Attorney, completing his
twelfth full year as District Attorney and 26 years as a prosecutor. Keith Slep, Amanda Finn,
Andrew Cornell, and Michael B. Finn serve as part-time Assistant District Attorneys. Norleen
Enders and Ronnelle Drozdowski served as the Confidential Secretaries to the District
Attorney and Assistant District Attorneys for the year.
All prosecutors are encouraged and required to continue with professional
development training, and were afforded the opportunity for additional training and legal
education through the NYS Prosecutor’s Training Institute and the National College of District
Attorneys. All trainings and seminars, including travel expenses, were either free or at
minimal cost to the County. The District Attorney continued active involvement with the State
DA’s Association, serving on the Executive and Budget Committees of that organization.
This office continued its long-standing practice of support and involvement with the
Allegany County Consortium on Domestic Violence, Youth Court, Partners for Prevention,
Domestic Violence Response Team, and other community organizations connected to
criminal justice. Drug Court and Integrated Domestic Violence Courts were also continued,
and resulted in increased individual accountability of offenders and enhanced community
safety while producing significant financial savings for the County. The District Attorney also
continued the practice of making presentations to school classes, service organizations, and
community groups throughout the County on the legal system, juvenile justice programs and
drug court.
One new initiative was commenced in 2009, a Vehicle & Traffic Diversion Program,
which combines a financial penalty with a six-hour driver education program for minor Vehicle
& Traffic offenses. Revenue from this program will pay any expenses and support the staff
time devoted to overseeing it. While it is only in the beginning stages, it appears to be
working well at this point.
335
2009 ANNUAL REPORTS
Investigative and Crime Victim Services continued to be provided by this office in 2009
utilizing Retired Sr. Investigator Dennis Vespucci of Clarksville as our part-time investigator,
and Shannon Ozzella as our Crime Victim Specialist. Through a renewed grant from the
New York State Crime Victim’s Program, Mrs. Shannon Ozzella continued to serve as Victim
Services Coordinator in 2009. This grant was renewed in 2009 for an additional three years
at a higher level of funding than before.
Additional resources from outside sources were also sought for the County by our
office. Despite the state budget difficulties, Aid to Prosecution funding for Allegany County
was successfully renewed. This award is for criminal prosecution services not otherwise
funded by the County. Additional efforts will be made in the year 2010 to ensure that this
funding stream continues as a permanent grant. As in past years, a large portion of the costs
of this office are paid from outside funding sources, not County taxes.
In conclusion, I would invite any member of the public to inquire further if they have
any questions regarding our office and invite anyone with an interest to examine the
expanded report on file with the Clerk of the Board of Legislators, visit our web page at:
http://www.alleganyco.com/default.asp?show=btn_DA, or request a copy from our office.
In keeping with the tradition begun by my predecessor in 1974, I offer the following
proverbs and quotes for your consideration and reflection:
“A wise man makes his own decisions; an ignorant man follows the public opinion.”
Chinese Proverb
“Success and rest don't sleep together.”
“All sins cast long shadows.”
“It is easier to believe than to go and ask.”
Russian proverb
Irish Proverb
Slovenian Proverb
“The possession of facts is knowledge; the use of them is wisdom.”
Thomas Jefferson, 1743-1826
“Good questions outrank easy answers.”
Paul Samuelson, 1915-2009
“Children are innocent and love justice, while most adults are wicked and prefer
mercy.”
Gilbert Keith Chesterton, 1874-1936
“Our friends show us what we can do; our enemies teach us what we must do.”
Johann Wolfgang von Goethe, 1749-1832
“Forsan et haec olim meminisse iuvabit. (Perhaps it will be pleasing sometime to have
remembered these things.)”
Virgil, 70-19 BC
Terrence M. Parker, District Attorney
336
DOG LICENSING FUND
2009 ANNUAL REPORT
This report is filed pursuant to Section 111 of the Agriculture and Markets Law and
covers the moneys remitted and the moneys expended by the County Treasurer under the
provisions of Article 7 of the Agriculture and Markets Law for the period January 1, 2009 to
December 31, 2009.
RECEIPTS
Total balance on hand January 1, 2009
Dog license fees received
Tag fees received
Damages recovered from dog owners
$ 8,414.36
11,341.30
145.00
0.00
Total amount available for the year ending December 31, 2009
$ 19,900.66
DISBURSEMENTS
Paid 36 percent of dog license fees to Dept. of Ag & Markets
Paid tag fees to Dept. of Ag & Markets
Paid claims for damages done by dogs
Paid to towns and cities 75 percent of total
surplus for last reporting period
4,082.86
145.00
800.00
6,310.77
Total disbursement during the year ending December 31, 2009
11,338.63
Total surplus for the year ending December 31, 2009
$ 8,562.03
Seventy-five percent of the above surplus amounting to $6,421.52 to be apportioned to
cities and towns ratably to the remittance each made. Attached is a list showing the
remittance each made and the amount apportioned.
Terri L. Ross
Allegany County Treasurer
337
2009 ANNUAL REPORTS
DOG LICENSING FUND (CONTINUED)
STATEMENT OF AMOUNTS REMITTED AND APPORTIONED
JANUARY 1, 2009 TO DECEMBER 31, 2009
Remitting
Amount
75 Percent of Surplus
Municipality
Remitted
Apportioned
________________________________________________________________________
9504
9505
9506
9507
9508
9509
9510
9511
9512
9513
9514
9515
9516
9517
9518
9519
9520
9521
9522
9523
9524
9525
9526
9527
9528
9529
9530
9531
9532
Alfred
Allen
Alma
Almond
Amity
Andover
Angelica
Belfast
Birdsall
Bolivar
Burns
Caneadea
Centerville
Clarksville
Cuba
Friendship
Genesee
Granger
Grove
Hume
Independence
New Hudson
Rushford
Scio
Ward
Wellsville
West Almond
Willing
Wirt
Totals
$
104.56
143.30
160.95
115.18
545.18
372.44
189.15
297.22
29.35
508.81
231.43
314.92
289.03
298.44
981.10
1,563.39
338.43
263.17
213.87
723.85
149.20
191.50
343.06
278.45
238.50
1,820.05
54.03
352.48
230.26
________
$ 11,341.30
$ 59.20
81.14
91.13
65.22
308.68
210.88
107.10
168.29
16.62
288.09
131.04
178.31
163.65
168.98
555.51
885.20
191.62
149.01
121.09
409.85
84.48
108.43
194.24
157.66
135.04
1,030.52
30.59
199.58
130.37
________
$ 6,421.52
338
BOARD OF ELECTIONS
2009 ANNUAL REPORT
To bring NYS into compliance with the Federal HAVA legislation, the local and state
Boards of Election reached an agreement with the Justice Department that each county
would do a pilot program using only the optical scan machines. All other voting districts
would have the ballot marking devices and lever machines in them. Our pilot programs were
done in Amity and Angelica.
In 2009, we held 46 inspector training classes, and trained 215 inspectors/alternate
inspectors. The Amity and Angelica inspectors had additional training on the optical scan
machines. All inspectors/alternates took and passed the exam.
Two of the machine custodians attended training on the new optical scan machines.
These custodians are responsible for the quarterly testing, setting up the machines for an
election, taking them to and from the polling sites, and maintenance of the machines. In
addition, we have three other custodians that work on the lever machines.
ELECTIONS 2009:
PETITIONS AND CAUCUSES: There were 127 Republican, Democratic, Independent, and
Conservative designating petitions and 24 Independent nominating petitions filed for 8th
Judicial District Delegates; County District Attorney, Treasurer, and 15 Legislative Seats;
Republican State Committee; and Republican Petitions for Town Offices. There were 36
Certificates of Nomination filed for Town Offices.
PRIMARY ELECTION: September 15, 2009: Republican primaries were held in Legislative
Districts 2, 3, and 5, and in the Towns of Amity and Wirt. Absentee ballots: sent 169;
returned 83; counted 81; voided 2. Affidavit ballots: received 13; counted 5; voided 8. Voter
turn out: Legislative District 2 – 22%; District 3 – 12%; District 5 – 19%; Towns of Amity 33%
and Wirt 40%.
GENERAL ELECTION: November 3, 2009: Candidates on the ballot were: 2 state
proposals; 8th Judicial District Judges; County Legislators, Treasurer, and District Attorney;
and Town Offices in all 29 Towns. Absentee ballots: issued 616; returned 394; counted 386;
voided 8. Affidavit ballots: received 54; counted 36; voided 18. Voter turn out: 41%.
We continue to charge back inspector training, wages, and mileage, as well as the
costs to set up the machines to the towns.
VOTER REGISTRATION, ENROLLMENT AND LIST MAINTENANCE:
At the close of
registration on October 9, there were 23,761 voters eligible to cast ballots in the General
Election. We processed 2,634 registrations, canceled 562 registrations, and processed 341
changes of enrollment. County Enrollment: March 2009 – 24,167; October 2009 – 23,761.
 NCOA: approximately 22,634 voter files were submitted by the State Board to the
post office for comparison: 485 files were returned, 109 family moves, 335 individual
moves, 1 foreign moves, 40 NFO.
 Mail Check: 23,593 individual voter cards were sent, 1,383 were returned, 415 moves
within the County, 231 moves out of the County, 281 undeliverable, and 456
miscellaneous (typo, 911 or PO Box changes).
 We sent out 657 confirmation notices, 554 transfer notices, and acknowledgement
notices to various voters. 193 were returned as confirming the new address, had
moved to another address, or as NFO. Notices were also sent to voters with
incomplete registrations.
Elaine Herdman, Commissioner
John Colligan, Commissioner
339
2009 ANNUAL REPORTS
OFFICE OF EMERGENCY SERVICES
2009 ANNUAL REPORT
This office continues to act as the conduit for the receipt and notification of potential
disaster events. This was evident on the August 8-10 flooding and wind storm which
included an EF-1 tornado that hit the northwest portion of the County.
Allegany County was added to the federal disaster declared for Chautauqua,
Cattaraugus, and Erie Counties for that event. Ten municipalities were approved for
response, clean up, and repair expenses currently totaling $1,276,664. Another storm hit the
eastern edge of the County later in the week, but was not deemed eligible for any federal
assistance.
The other major event affecting the County was the H1N1 or swine flu outbreak. This
was labeled a world-wide pandemic. On July 10, a confirmed case was identified in the
County. Working with the County Health Department, which is the lead agency, plans and
procedures were reviewed and updated. Vaccine was requested, and many of the residents
have been inoculated as the priority for the H1N1 vaccine administration has changed.
A Point of Distribution, or POD, was held November 14 at the Genesee Valley Central
School. This office assisted the County Health Department with the event.
Current Homeland Security Grant funding is assisting in replacing and upgrading the
County’s GIS mapping system in the Real Property Tax Office. Other grant funding is
assisting in improving the County’s communication system. An additional project with the
funding will be used to revise the County’s Hazard Mitigation Plan which is required on a fiveyear cycle. Allegany County was one of the first local governments in New York State to be
approved for a plan which is a prerequisite to be eligible for FEMA mitigation funding.
In July, the office sponsored an Incident Command System – 300 training course held
at the Public Safety Facility. Public safety and emergency response personnel are required
to receive this training by the federal government.
The office continues to act as the “Course Sponsor” for NY State Health Department
certified emergency medical training courses. Training is held at the Crossroads Center,
which is an excellent, centralized location in the County. For 2009, there were sixty-eight
students that completed either the EMT Basic Original/Refresher or the AEMT Intermediate
Original/Refresher. Expenses for these courses are reimbursed by the NY State Health
Bureau of EMS.
Revisions, as required on an annual basis, were made to the Continuity of
Government department positions list and the Emergency Operations Procedures Manual.
Respectfully submitted;
John C. Tucker, Director
340
EMPLOYMENT AND TRAINING ONE-STOP CENTER
2009 ANNUAL REPORT
During 2009, a total of 7,485 customers visited the Center for career development and
employment related services. Center staff made 1,326 referrals to job openings, and 261
secured employment. Two hundred thirty-four individuals attended workshops, and 621 were
tested for assessment and employment purposes.
Local businesses benefited from services that included the processing of applications,
testing for math/reading skill levels, on-the-job training/work experience subsidies, and
assistance with tax credit information. Thirty-one on-the-job training contracts were written
which resulted in $48,039 of direct savings to participating employers for costs associated
with the training of new employees.
Funding available through the Workforce Investment Act assisted 167 County
residents in specific occupational skills training programs linked to current demand
occupations at a total cost of $163,839. Eligible adults and dislocated workers participated in
training programs resulting in certifications leading to careers in Health Care, Education,
Transportation, Manufacturing, Technology, and Human Services. Eighty-nine percent of
those who completed training in 2009 found employment at an average wage of $12.73 per
hour.
Services to low-income, at-risk youth included counseling, work experience, on-the-job
training, exposure to post secondary opportunities, occupational skills training, and
supportive services. One hundred nine (109) youth ages 14-24 benefited from those
activities through the Summer Youth Employment Program. The Allegany County BOCES
Center served as host worksite for primarily younger youth. Additionally, Literacy West Inc.
and the ACCORD Corporation played a major role in providing other group and community
based work experience activities.
Seventeen private/public sector employers also
participated as worksites for older youth. In partnership with Southern Tier Traveling Teacher
and Literacy West, Inc., the year-round program served an additional 48 youth with an
emphasis on dropout prevention, basic skills/GED, career exploration, job seeking skills and
work experience.
The Center continues to provide intensive services for public assistance recipients.
Eight hundred ninety-nine applicants were assessed for employability. Five hundred eightythree were assigned to participate in activities involving job readiness training, individualized
job search, resume development, and job retention skills. As a result, welfare grant savings
were generated through employment, sanctions, and case closings for 168 individuals.
All staff related and service provider activities coordinated through the Center involved
1,189 individuals who benefited directly from intensive and training services that may have
included tuition assistance, wage subsidies, supportive services, workshops, job placement,
or counseling.
In closing, I would like to thank Center staff for their hard work and dedication, and the
Board of Legislators for their continued support.
Jerry L. Garmong, Director
341
2009 ANNUAL REPORTS
FIRE SERVICE
2009 ANNUAL REPORT
During the year 2009, Allegany County Fire Department volunteers responded to 192
structure fires, 51 vehicle fires, 450 auto alarms, and 3 haz mat incidents. Fire and
independent ambulances were dispatched from Allegany County for 4,149 medical
responses.
Our fire investigators have been working hard to increase their proficiency and make
their reporting more concise. The investigators investigated 64 incidents in 2009. For one of
these incidents, the Alfred fire, more agencies and individuals than ever before requested a
copy of the fire report. The investigators also attended various schools and training classes
to improve their skills.
The six District Deputy Coordinators attended all mutual aid incidents in their districts
and conducted meetings of the Chief Officers. They work hard to promote cooperation
between the departments of their districts and find the answers to questions of the Chiefs and
members of the various companies.
The 911 Center is, I believe, running very well. A third dispatcher was added this year
on some of the shifts, and that has made a great difference in the operation of the Center.
During the year, all hard line 911 calls from the Wellsville area began coming to the Center,
as well as the cell phone calls to 911. We are awaiting the Village of Wellsville decision on
their Center. The County will be going out to bid soon on the Radio Grant, which will greatly
improve our system.
We were given 700 hours of training by the state for the state year 2009-2010 and
have completed or scheduled all the courses we could. This is the backbone of what we offer
to the Fire Departments of our County to keep them trained and safe. We must keep after
the state to fund this training in future budgets to keep our firemen proficient and safe.
Our four NYS Certified Instructors conducted classes in 2009 with a total of 5,564
person hours.
Attached to the full report on file in the Clerk of the Board of Legislators’ Office is a
copy of each of the following: 911 Dispatch Report, Fire Training Report, and Fire
Investigation Report. Also attached is a copy of Paid Staff and Volunteer Staff.
Respectfully submitted;
Paul W. Gallmann, Fire Coordinator
342
DEPARTMENT OF HEALTH
2009 ANNUAL REPORT
This is my second full year as Public Health Director, and both years, the Health
Department has been in the black. The year 2009 is the first year, however, that we have
generated more revenue than was budgeted. That is a huge milestone, especially
considering staffing has been reduced by 43 percent since 2007. This illustrates that, from a
revenue generating standpoint, we have been more productive, with less staff.
The year 2009 was a difficult year to budget. We were unsure of exactly when the
Home Care programs would transition because of NYS committee schedules. We budgeted
for three months of Home Care (no personnel costs were included), but actually had five
months of Home Care activity, resulting in additional expenditures that had not been
budgeted. As of October 31, 2009, our budgeted appropriations for all of 2009 are
$4,890,930, but we are only projecting to spend $4,350,720, an amount $540,210 below our
budgeted appropriations. As for revenue, $3,505,181 was budgeted for 2009. However, our
projections indicate we will bring in $3,542,686, or $37,505 more than anticipated.
Combining the savings in appropriations and the increase in revenue, for 2009 the Health
Department is projected to be $577,715 under budget, even with the unbudgeted Home Care
expenses.
Another milestone, one that demonstrates the dedication and commitment of our
Clinical/Medical and Emergency Preparedness staff members, was our response to the
H1N1 crisis. To date, we have immunized all residents against seasonal and H1N1 influenza
who have wanted to be vaccinated, with no extra paid staff! This amounts to two to three
times the amount of work and vaccine administration conducted during a typical flu season,
because we gave more seasonal flu shots than usual, we administered H1N1 vaccine that
was new this year, and we immunized more children under the age of 10, a group that needs
two doses of H1N1 vaccine for adequate immunity. We could not have accomplished such a
huge endeavor without the teamwork and sacrifices of our staff from those two areas. It truly
has been public health at its finest!
If you have any questions or concerns, please do not hesitate to contact me at
(585)268-9247.
Lori Ballengee, MS, Public Health Director
343
2009 ANNUAL REPORTS
HUMAN RESOURCES AND CIVIL SERVICE
2009 ANNUAL REPORT
The Human Resources and Civil Service Department of Allegany County is
responsible for a wide variety of duties. In the civil service field, the staff of four (4) oversees
2,202 classified positions within Allegany County. This includes all County departments, 29
towns, 10 villages, 12 school districts, and one special district: Soil and Water Conservation
District.
Every town, village, school district, and County department is to report all civil service
employee hires, salary changes, terminations and position changes, etc. to this department.
All proposed title changes must be reviewed by this department for approval. Except for
labor class positions, all hires must have a civil service application submitted by the
incumbent. From this information a roster card is made and maintained for each civil service
employee. County, town, and village payrolls are certified two times a year, and school
district payrolls are certified four times a year.
Decentralized exams, ie, Typist, Custodian, Caseworker, are administered by this
office on a continuous basis, bi-monthly or as needed. This year 101 applicants were
examined for decentralized exams.
Examinations conducted by this office and rated by the New York State Department of
Civil Service totaled 22. Two hundred forty-seven applicants were examined on numerous
Saturdays throughout the year. Exam announcements are prepared by this department from
information sent by the New York State Civil Service Department. The staff monitors these
exams which average four to eight hours. State exams are rated by the State Civil Service
Department.
Each application submitted for an examination must be accompanied by an application
filing fee. The filing fee for County employees taking promotional exams for County positions
is waived. Application fees are waived pursuant to Section 50.5(b) for examination
candidates who receive public assistance or are unemployed and head of household,
effective in 2007. The fee schedule is $10 for decentralized exams, $15 for non-uniformed
exams, and $25 for uniformed exams. The total amount submitted to the New York State
Department of Civil Service representing fees for state and decentralized exams rated in
2008 was $2,007. Revenues of $3,000 were turned in to the Treasurer’s general fund from
candidates who failed to appear for exams and from half of the exam fee for most rated
exams.
This department continues to be responsible for administering Civil Service Law over
the County’s municipalities on a daily basis, either by phone, letters, walk-ins, or personal
visits by the staff. Classification review, payroll certifications, job specification writing, and
application reviews are a part of administering Civil Service Law. This department maintains
a job specification for most classified civil service titles within the County.
This department is responsible for carrying out the following personnel functions:
processing new employees; maintaining County personnel records; verifying unemployment
claims; administering the County disability program; and assisting various County
departments and legislative committees in recruitment of personnel. The department
oversees the health insurance plan which covers 607 active and retired County employees.
Approximately $607,865 from COBRA participants, retirees and/or retiree spouses who pay
their health coverage, employees who pay 10 or 15 percent of the monthly premium, and
state or federal reimbursement passed through this office in 2009. RDS Drug Subsidy
monies totaled $90,927 for 2009. Accrued leave records for all County employees are
maintained by this Department.
344
By law the Personnel Officer administers the provisions of the Civil Service Law to the
County and each of the municipalities under the jurisdiction of the County. The Personnel
Officer also administers three collective bargaining agreements representing the NYS Nurses
Association, Deputy Sheriff Local 3989, and AFSCME Local 2574.
The Personnel Officer acts as the Affirmative Action Officer and the Sexual
Harassment Officer.
Ellen Ruckle, Personnel Officer
345
2009 ANNUAL REPORTS
2009 ANNUAL REPORT
The Industrial Development Agency is a state chartered public benefit corporation
focused on the retention, expansion, and attraction of business and services.
Capital Resource Corporation – Several years ago, New York State allowed the “civic
facilities” provisions under municipal law to “sunset.” As there is a continued need for these
incentives, the Allegany County Industrial Development Agency (ACIDA) initiated the creation
of the Allegany County Capital Resource Corporation. As one of the first in the state, we will
be in a position to support and initiate bonding for not-for-profit entities, including hospitals
and colleges.
Intergrow Portageville – The ACIDA completed the sale/leaseback for the purchase of land,
greenhouses, and equipment at Intergrow. The 14 acre Hydroponic Greenhouse grows
produce for distribution throughout the eastern half of the County. The number of permanent
jobs retained as a result of this project is 35.
Crossroads Commerce Center Expansion – In the fall of the year, ground was broken on the
8,000 square foot expansion at the Crossroads that will house new facilities for the Office for
the Aging, NY Connects, and Veterans’ Services. Access of services for our senior and
veteran population is critical. Completion is scheduled for June 2010. The Crossroads
Commerce Center provides offices for a complete configuration of business development
services within the County. In addition, the Conference Center provided the site for over 325
public and private sector business meetings.
Cuba Retirement Community – During the year, various aspects of the proposed Retirement
Community were completed. Site design was completed for a 50-unit Assisted Living
Campus Building and 22 independent living patio homes across the street. The independent
living patio homes will be named “Stonewood Crossing.” Also completed were wetlands
delineation and Corps of Engineer studies. Architectural design work was also completed.
Action items for early 2010 include preliminary construction and site work estimates.
Financing terms also will need to be finalized. ACIDA involvement will include bonding
arrangements.
County Route 20 – A wood pellet manufacturer has identified County Route 20 as their site of
choice for location of a new facility. Preliminary estimates of construction and equipment
total over $10 million. Construction of an access road with rail spur will be necessary.
NYS Public Authorities Act – The Allegany County Industrial Development Agency and the
Capital Resource Corporation are in total compliance with New York State requirements.
This includes compliance with the Public Accounting Reporting Information System (PARIS).
All directors and staff have received all necessary regulatory training.
New Board Member – This year marked the passing of one of our original board members,
Wayne (Bud) Allen. John Corneby was approved by the County Legislature to fill this
position.
John E. Foels, Executive Director
346
INFORMATION TECHNOLOGY
2009 ANNUAL REPORT
The Information Technology Department troubleshoots all computers, servers,
printers, and connectivity for all departments located at the Belmont facilities, as well as
facilities located in Wellsville, Friendship, Alfred, and at the Crossroads Center. The following
departments depend on us for network connectivity, phone support, and technical expertise:
Clerk of the Board of Legislators
County Attorney
County Clerk/Motor Vehicles
District Attorney
Economic Development
Elections
Emergency Services
Employment & Training
Fire Service
Historian
Mental Health
Workers’ Compensation
Health Department, including Cancer
Services, the clinics, and WIC Office
Human Resources
Office for the Aging
Probation
Public Defender
Public Safety Building
Public Works
Real Property Tax Services
Social Services
STOP DWI/Youth Bureau
Treasurer
Veterans’ Services
Weights & Measures
We had a total of 43.5 hours of overtime, which was an increase of approximately six
hours from last year. The overtime is related to upgrades to phone servers, application
servers, and call-in from other departments that provide twenty-four hour service. Our
support involves the purchase of new computers, setting them up, and installing the software
needed for the employees to do their job.
The Information Technology Department began working with the Office for the Aging,
the Department of Social Services, and the Veterans’ Service Agency to find the best
solutions for telephone and network connectivity for their new location at the Crossroads.
The process began in early December to find a telephone system that would accommodate
the office for all of the phones they currently have. We also researched for the best network
connection back to the County Office Building to allow them to run all the applications they
run currently.
I would like to thank my staff for their commitment to Allegany County in providing the
best service to all the personnel who work within the various departments. I would also like
to thank the Board of Legislators for their continued support for technology.
Deborah M. Button, Director
347
2009 ANNUAL REPORTS
PARKS AND REFORESTATION
2009 ANNUAL REPORT
The Park areas consist of the Rushford Swim Area, the Seneca Oil Spring Park, and
the County Cemetery.
The swim area at Rushford Lake saw increased usage in 2009, hosting thousands of
visitors from the general public as well as bus loads of students from schools. The
Waterfront Director continued to provide supervision of lifeguards, maintenance of the water
supply, and facility operations. The Department of Public Works (DPW) summer crew
assisted with the mowing and grounds keeping at the facility.
The Seneca Oil Spring Park is located on the Seneca Reservation just below Cuba
Lake. The park exhibits heavy usage by tourists, the public, and the Seneca Nation. The Oil
Spring and Monument area as well as footbridge access to the site remain in good repair.
The DPW summer crew assisted with the mowing and grounds keeping at the facility.
The County Cemetery off County Road 2 just east of Angelica is located near the old
Allegany County Home & Infirmary. It is home to over 100 graves from the 1800s and early
1900s. Over 30 years ago, the pristine marker stones were gathered and placed around a
central garden to commemorate the cemetery and preserve its legacy. The DPW summer
crew assisted with the mowing and grounds keeping at the facility.
Additional mowing is performed by DPW crews at the Forest Conservation Building in
Angelica and the Soil & Water Conservation District Building fueling station on County Road
48 in Belmont.
Over 2,000 acres of designated Forest Land exist in Allegany County and are
gathered into ten management areas. The County Forest is managed by the Soil & Water
Conservation District for the sale of forest products, continued growth, wildlife habitat, and
recreation. The District utilizes a consulting forester, Paul Kretser to cruise, mark, and
coordinate the sale of timber. The revenues from the sale of forest products have been
traditionally used to support the management contract with the District, consulting forester
fees, DPW summer maintenance crew, expense of the Rushford Swim Area, and payments
made to Towns in lieu of tax. The year 2009 marked the end of the current forest
management plan.
The District organized a sale of forest products on behalf of the County on the Engle
Lot in the Town of Angelica. The sale of fire wood was restricted in 2009 due to an invasive
species identified by the NYS DEC as the Emerald Ash Borer. Overall management of the
2,000 acres was overseen by the District’s Forestry Consultant, and DPW crews performed
mowing and maintenance at the Seneca Oil Spring Park, County Cemetery, and Rushford
Swim area.
Gretchen T. Gary, Executive Director, Soil & Water Conservation District
348
PLANNING BOARD
2009 ANNUAL REPORT
The Allegany County Planning Board continued its role with various municipalities by
aiding and reviewing several matters relative to planning and land use.
Membership for 2009 included: Clifford Ackley, Wendall Brown, Robert Ellis, Dale Foster,
Lee Gridley, Charles Jessup, Kevin LaForge, James Ninos, Valerie Perkins, and Ron Stuck.
Officers for 2009 were: Chairman – Ron Stuck, Vice-Chairman – Charles Jessup,
Secretary – Lee Gridley, Assistant Secretary – James Ninos.
Planning Specialist & Technical Assistance: Kier Dirlam.
Activities conducted throughout the year included:
 Held Annual Meeting and Dinner on January 21, 2009, and elected officers for 2009.
Craig Braack gave a presentation to the group on “World War II – Pearl Harbor.”
 Met in February, March, April, May, June, October, November, and December for
regular meetings on the third Wednesday of each month at 7:30 p.m. at the
Crossroads Center in Belmont.
 Annual Picnic was held at the Crossroads Building on Wednesday, August 19, 2009.
 Discussed and assisted the County with the development of the Allegany County
Comprehensive Plan.
 Provided support for continuation of the NYS Empire Zone Program.
 Reviewed and approved the Wellsville Walmart Project.
 Reviewed and approved the Town of Amity Comprehensive Plan.
 Reviewed and voted on the Village of Wellsville SEQR referral – Wellsville Family
Apartments.
 Reviewed and approved Seneca Nation of Indians Transportation Plan.
 Reviewed and approved the Planning Department creation.
 Reviewed and approved the Town of Caneadea Comprehensive Plan.
 Reviewed and approved the Town of Grove Comprehensive Plan.
 Reviewed and approved the Town of Wirt Wind Law as presented.
 Reviewed and approved the Town of Centerville Local Wind Law as revised.
 Approved various SEQR Lead Agency requests.
 Performed preliminary work on developing an official County Map with Scio Central
School offering GIS services.
 Reviewed NYS DEC actions throughout the year.
 Reviewed community planning efforts by Towns and Villages throughout the year.
 Reviewed Intergovernmental Review Projects throughout the year.
 Reviewed and discussed upcoming efforts on services consolidation.
Charles O. Jessup, Chairman
349
2009 ANNUAL REPORTS
PROBATION
2009 ANNUAL REPORT
Intake - The principal purpose of the Intake Unit is to divert cases from the attention of the
Family Court.
Areas of jurisdiction include Custody, Visitation, Support, Juvenile
Delinquency, and Persons In Need of Supervision. The unit served a total of 583 cases.
Investigations - A total of 444 Pre-Dispositional, Pre-Plea, and Pre-Sentence Investigations
were prepared for the County, Justice, and Family Courts in 2009.
Supervision - At year’s end, 453 individuals were on Probation Supervision in Allegany
County. The Criminal Courts accounted for 412 cases, and there were 41 active Family
Court supervision cases.
Collections - The total collections for the year were $169,072. This total includes restitution
to crime victims.
Staff Development – Twenty-one training credit hours per year per professional staff member
are mandated. In 2009, the average number per officer exceeded the basic requirements.
Pre-Trial Release (ROR/RUS) - A total of 142 inmates were released via program
intervention in 2009.
Community Service Sentencing Program – Forty-seven “jail-bound” offenders were received
by the Community Service Program in 2009. Those put to work accounted for 1,323 hours of
community service work completed.
Adult Intensive Supervision Program - As of December 31, 2009, there were five remaining
jail/prison-bound offenders in the County’s ISP Program.
Adult Sex Offender Treatment Program - Seventeen evaluations/assessments were prepared
in 2009. Twenty-three investigations were completed, 27 polygraph exams given, and at the
close of the year, 74 offenders were on Probation Supervision for sexual offenses.
Electronic Home Monitoring - Sixty clients were referred to EHM in 2009. This potentially
saved 7,048 jail days, along with a potential 205 out-of-home placement days for PINS and
JDs. Offender fees collected in 2009 amounted to $14,830.
Services for a Shared Population – Probation received a third year of this grant funding to
better coordinate and deliver services to those with mental health concerns who are on PreTrial or Probation status. At the close of the year, 96 clients received services.
Probation Eligible Diversion Program – This program was designed by Probation to impact
state prison population. Revenue to County was $18,600, used to offset Probation’s costs
providing “Interim Supervision” to the Allegany County Drug Court.
School-Based Probation – This program began in February 2005, at the Wellsville Central
School. A Probation Officer is in the school two full days each week to provide Intake and
Supervision Services. There were 19 active cases as of December 31, 2009.
Juvenile Intensive Supervision Program – This program keeps high risk PINS and JDs in the
community and out of costly placement situations. As of December 31, 2009, there were two
active cases in the County.
Juvenile Sex Offender Treatment Program – In 2009, four offenders were being supervised
on Probation.
350
Juvenile Arson Prevention Program – This is an early intervention/education program. There
were seven referrals to the program in 2009. Beginning in 2010, this program will be
promulgated through the STOP DWI/Youth Bureau Office.
Act II - Men’s Education Program – This is an education program for Domestic Violence
Offenders. The program provided treatment for 18 men during 2009.
Robert P. Starks, Director
351
2009 ANNUAL REPORTS
PUBLIC DEFENDER
2009 ANNUAL REPORT
In 2009, the Office of the Public Defender saw an increase in applications for our
services over 2008. A total of 1,412 applications for assigned counsel were received by our
office for review under the terms of the County Law. Of those, 381 were referred to the
conflicts office or assigned counsel. The number of applications denied on the basis of
financial eligibility totaled 118. Two denials were overturned by one of the County Court
Judges.
A total of 886 cases were opened. They included:
458
126
161
33
12
11
12
6
3
27
33
1
1
2
Misdemeanors
Felonies
Family Court Matters
Violations of Probation
Parole Violations
Drug Court
Integrated Domestic Violence
Fugitive from Justice
Violations
Retained Other Attorney
Conflicts Discovered after File Opened
Declined Representation
Disqualified after Opening File
Ineligible after Opening File
“Cases” are counted by a client’s involvement in a particular situation or incident. For
example, one defendant who is charged with three crimes arising out of the same incident is
one “case.” Likewise, if a petition is filed in Family Court against a client and she or he files a
cross-petition, we count it as one “case.”
While the large caseload, the time demands of the “Specialty Courts” (Drug Court and
Domestic Violence Court), and the huge number of Justice Courts covered by our office
continue to pose challenges to us as we enter 2010, we remain committed to quality
representation of our clients.
Barbara J. Kelley, Public Defender
352
DEPARTMENT OF PUBLIC WORKS
2009 ANNUAL REPORT
Again, despite the County’s continued financial situation, the Department has
maintained a reasonable level of service that is expected by those we serve. The dedication
of our employees has made the difference despite a reduction in funding. We will continue
our efforts to provide a safe transportation system and a viable solid waste program for the
citizens of Allegany County.
CHIPS aid in the amount of $1,661,529.32 was received from New York State. There
were 16.18 miles of road hot mixed paved. The amount of aid used on a bond payment
totaled $429,200. In addition, $795,289.37 was received from Federal Stimulus Funds for the
paving of County Road 12.
Public Works completed/started four Bridges on the County Road System and
completed two Town structures. Also, BR#09-01 on the Joe McMahon Road was replaced
for the Town of Birdsall. Preliminary Engineering continued on the replacement of BR#16-10
on Main Street in the Town of Friendship. Engineering was started on the replacement of
BR#08-16, Transit Bridge in Belfast.
The Bridge Maintenance Crew worked on seventy-three different structures during the
year.
In 2009, Landfill employees prepared the sub-grade for the five-acre closure project
which will be done in 2010. This work involved the redistribution of about 16,000 cubic yards
of intermediate cover and refuse, to achieve the design elevation of the base of the cover
system. A total of 3,704 tons of material were recycled with revenues of $85,338.50. The
County landfilled 29,686.38 tons of solid waste. Solid Waste Revenues collected amounted
to $1,434,666.23.
The front parking lots at the Courthouse/County Office Building were milled and paved.
I would like to thank my staff for their dedication and all our employees for a job well
done. Also, I would like to thank the Board of Legislators, especially the Public Works
Committee, whose support and interest in this department has been invaluable.
David S. Roeske, Superintendent
353
2009 ANNUAL REPORTS
REAL PROPERTY TAX SERVICE AGENCY
2009 ANNUAL REPORT
In compliance with Section 1532 R.P.T.L.
County Reporting: Allegany
Reporting Period: Calendar Year 2009
Major Functions:
Maintenance of Assessment Rolls, Tax Rolls, Tax Maps, and
Assessor Training
MAINTENANCE OF ASSESSMENT ROLLS AND TAX ROLLS:
The production of Assessment Rolls, Tax Rolls, Tax Bills, Cross Reference Listings,
Change of Assessment Notices, Sales Transmittals, and Special Reports were all processed
by Allegany County. This includes the 19 School Districts, 29 Towns, and 10 Villages that
have assessable property in Allegany County. There were 29 Towns with the Real Property
System on their own computers, and they were responsible for their own processing in 2009.
We provided program and technical support for the Real Property System for these towns.
TAX MAP MAINTENANCE:
Tax maps were maintained for all 29 Towns in the County. Copies of new deeds, land
contract sales, and property transfer reports (RP-5217) were delivered daily by the County
Clerk’s Office. Split-offs of property sales are plotted on the maps, and map overlays and
new tax map index cards are generated. The overlays and a copy of the index cards are sent
to the assessors along with copies of the deeds and property transfer reports. There were
1,699 transfers in Allegany County in 2009. Revenue from the sale of tax maps, deed
reviews, and pictometry photos was $11,562.01. All tax maps have been digitized and the
NYSORPS has approved and certified them for use. Also, GIS coverages are updated and
maintained on a monthly basis.
ASSESSOR TRAINING:
Assessors in New York State must meet minimum training requirements. When
assessors do not meet these requirements, they can be removed from office. We have
coordinated assessor training with the State Office of Real Property Services. Many of the
assessors in Allegany County took advantage of the consolidated training courses offered by
the State Office of Real Property Services. The Allegany County Assessors’ Association met
monthly and several training seminars were conducted at these meetings.
DIRECTOR’S ACTIVITIES:
This year, our office has been working on several continuing projects. We are still in
the process of updating our GIS capabilities and looking for new ways to assist other
departments with this information. We are continuing our efforts to incorporate the pictometry
photos, GIS maps, and tax maps with the RPS V4 system. We are working with the County
Treasurer’s Office in putting together the County catalog of tax sale properties with our
assessment information and photos provided by the assessors. We continue to update and
upgrade our assessment information via our internet web site. Upon receiving our
assessment grant, we will be using this money, along with monies received through
Homeland Security, to update our mapping capabilities from an AutoCAD system to a Geo
Database system. I remain an active member of the Western Region County Directors’
Association, of which I am Coordinator/Treasurer. I attended the summer training conference
in Westchester County, and continue to host the monthly County Assessors’ Association
meetings where we continue to assist assessors in their efforts to maintain equity throughout
the County. I would like to thank my staff for their efforts and hard work, and the Board of
Legislators for their continued support.
Steven G. Presutti, Director
354
SHERIFF’S OFFICE
2009 ANNUAL REPORT
The year 2009 was Sheriff Tompkins’ third year of his first term. It was also the
second complete year that the ACSO housed in out-of-county inmates and federal detainees.
The ACSO billed approximately 23,218 bed days, generating $2,095,915 in housing-in
revenue and an additional $181,840 in transportation fees. The Allegany County Sheriff’s
Office finished the 2009 fiscal year under budget and was able to pay back the County
contingency fund $282,000 that the ACSO requested to cover rising inmate medical costs.
During the past year, 1,134 inmates were booked in, an increase of 12 over 2008. Of
the 1,134, there were 372 federal detainees, 405 inmates were housed for other counties, for
the Federal Marshalls, or Immigration and Customs Enforcement, and 39 inmates were
sentenced and transported to state prison. The highest single day population was 151
inmates, 119 males and 32 females. The average daily population was 134 inmates, up from
the 2008 average of 123. The total number of meals served was 129,457, a 9 percent
increase from 2008. The average cost per meal was $1.24, a twelve cent decrease from
2008. Jail Medical Staff performed 841 history and physicals. Medical Staff also performed
3,762 urgent and non-urgent sick calls.
To better serve the citizens of the County, the Allegany County Sheriff’s Office created
a drug enforcement division and a TRIAD program. The enforcement division focus is on
Allegany County and has made numerous arrests and developed several good cases. The
TRIAD program brings members of our senior citizen community together to discuss topics
that may affect their lives.
Civil Deputies served 1,455 civil processes in 2009. These included 98 Orders of
Protection; 637 Summonses, Complaints, and Family Court Processes; 541 Property or
Income Executions; 55 Eviction Proceedings; and 45 Subpoenas. Additionally, Civil Deputies
executed 47 criminal arrests and did 125 sex offender address verifications. The Sheriff’s
Office collected Undertakings, Fines, Bail, Fees, and Monies for Judgment Creditors in the
amount of $788,719.80.
Public Safety Dispatchers processed 24,981 incidents. Court Security Officers
screened 36,917 visitors to County Court in 2009. On average, 149 visitors passed through
the Magnetometer each day, resulting in the confiscation of 257 prohibited items during the
year.
The Allegany County Sheriff’s Office expanded the inmate garden program and started
a pheasant program. The garden produced more than 10,000 pounds of produce, and the
ACSO released 574 adult pheasants locally to try to help stimulate the local economy by
providing game that has until recently been unavailable in Allegany County. The Allegany
County Sheriff’s Office staff should be commended for how they handled such rapid growth.
They met every challenge head on and offered good solutions so that the ACSO could deliver
good service to the citizens of the County.
William R. Tompkins, Sheriff
355
2009 ANNUAL REPORTS
SOCIAL SERVICES
2009 ANNUAL REPORT
The Department of Social Services was again successful in staying under budget with
a net revenue surplus of $3,894,248. Of this amount, $1,844,405 came from American
Reinvestment and Recovery dollars, while $2,049,842 came from other sources. Average
monthly caseloads increased from 2008, with a 14 percent increase in Public Assistance
cases, a 15 percent increase in Medicaid cases, and a 16 percent increase in Food Stamp
cases. The HEAP program had 944 more households receiving benefits this year. Even with
an increased workload, our staffing levels went down from 111 employees in 2008 to 110
employees in 2009.
DSS continues to improve our service delivery methods and provide training to our
dedicated staff. As always, we work toward preserving families, protecting individuals, and
promoting self-sufficiency. We are fortunate to have an excellent leadership team and a
qualified, effective, professional staff.
Spending Category
County Share
Medicaid
TANF
Child Welfare
Safety Net
Purchase of Services
Day Care
State Training School
Emergency Assistance/Adults
HEAP
Food Stamps
Administration
Total
$7,485,373
1,022,015
746,842
536,498
292,002
30,103
27,720
16,653
11,180
0
-249,594
$9,918,792
FISCAL SUMMARY
Direct Expense
Total Revenue
County Share
Budget
Budget Local Share
$38,251,093
$28,332,300
$ 9,918,792
$35,548,870
$13,813,040
SURPLUS
$ 3,894,248
Patricia Schmelzer, MSW, Commissioner
Percentage of
Percentage Prior
County Share
to Revenue
75.47
26.92
10.30
10.33
7.53
7.04
5.41
3.39
2.94
2.53
.30
1.65
.28
.07
.18
.09
.11
8.16
0
21.89
-2.52
17.93
356
SOIL AND WATER CONSERVATION DISTRICT
2009 ANNUAL REPORT
DISTRICT CONSERVATION PROGRAMS:
 The Hazard Mitigation project was completed on the Genesee River for streambank
stabilization in Amity.
 Review of Agricultural District #4 was finalized and approved by NYS.
 There were 81 landowners with 121 parcels assisted with Ag Exemptions on 11,759
acres.
 Two NYS AGNPSP Grants were continued in support of local farmers.
 AEM Program Year 5 serviced three new farms gaining tier 1s and 2s.
WATER RESOURCES MANAGEMENT:
 One farm was assisted with State EPF Ag Non-Point Source Pollution funds
completing two Best Management Practices which were installed.
 Water Resources Council met four times and worked with GACCC on developing
Genesee River Wilds project.
 Two farms and one landowner utilized $24,600 in FL-LOWPA funds for water quality
projects.
 Secured $15,213 for Town of Angelica for Angelica Creek Streambank Stabilization
Project on Closser Ave., a joint project with County DPW.
 Secured $6,000 special conservation grant to develop the preliminary strategy and
designs for the Genesee River Wilds Project to include a County Park and 7 pocket
parks for canoe and kayak access along the Genesee River throughout Allegany
County.
CONSERVATION EDUCATION:
 SWCD received its second statewide AEM media award and held the Third Annual
AEM Awareness Week.
 Informational workshop was held for Town and Village Highway Departments on
proper stream and ditch maintenance, as well as environmentally sensitive road
maintenance.
 Fifty students from Allegany County participated in a Statewide Envirothon.
 SWCD chaired the local RC&D Committee and held the First Annual RC&D
Awareness Week.
REVENUES:
 Revenues in the amount of $117,700 were generated.
ADMINISTRATION AND STAFFING:
 Ten Board meetings were held.
 Position of Secretary to the SWCD Board was established.
 SWCD Office was relocated to 5390 County Road 48, Belmont.
 There were 200 requests for technical assistance performed.
 NRCS contribution agreement supported tech delivery.
Gretchen T. Gary, Executive Director
357
2009 ANNUAL REPORTS
STOP DWI PROGRAM
2009 ANNUAL REPORT
In 2009, the Allegany County STOP DWI Program completed 25 years as a
community based resource totally funded by drunk driver fines. The 2009 budget of
$153,857 was expended to provide a variety of services to the community to battle drunk
driving. Funding from the agency aided in increased enforcement, prosecution, and
supervision of offenders, as well as improving education efforts and public information. The
agency relies on positive partnerships with law enforcement, Probation, the District Attorney’s
Office, town and village officials, and not-for-profit organizations.
During the year, seven municipalities plus the Allegany County Sheriff’s Office, the
New York State Police, and the SUNY Alfred Police participated in unannounced DWI
patrols. A total of 318 alcohol-related arrests were made in 2009. Two agencies participated
in one County-wide “blanket” patrol.
The STOP DWI Office continues to provide funding to the District Attorney’s Office to
assist prosecutions of DWI arrests. The Probation Department received funding for the year
2009 to be applied toward salaries for a Probation Officer and an Account Clerk to assist in
the collection of fines, preparation of pre-sentence investigations, and supervision of those
convicted of DWI offenses.
The Victim Impact Panel, collaboratively administered by this agency, MADD,
Probation, and the Allegany Council on Alcoholism, continued to be a viable tool for offender
accountability and a method of Restorative Justice for victims of DWI crimes. In 2009, four
Victim Panels were held with 188 defendants attending.
The STOP DWI Program continued to provide prevention and education services to
youth and adults in the County. The agency supported the local SADD chapters by
sponsoring the Leadership Training Conference in October. Donations were made for
school-based drug and alcohol-free parties and to assist schools in purchasing products that
can be used to educate students about the hazards of drinking and driving. A donation was
also made to the Allegany County Counselors’ Association in support of their annual
basketball tournament. This provides college scholarships to local students through a
positive holiday activity.
STOP DWI is grateful for the efforts of local and state legislators who have lobbied to
increase sanctions for repeat offenders and for tighter controls on alcohol sales to minors.
Linda Edwards, Coordinator
358
TOURISM
2009 ANNUAL REPORT
experience… play…. celebrate…. enjoy
In March of 2009, the Greater Allegany County Chamber of Commerce entered into a
contract with Allegany County to administer Tourism. This contract consisted of the Chamber
working in conjunction with the Tourism Advisory Committee to determine the needs of the
County and to market appropriately.
Over the past year, the Chamber of Commerce Tourism Committee, chaired by Rod
Biehler, has met jointly with the County Tourism Advisory Committee to discuss a marketing
strategy for 2010. These two committees have met on a monthly basis and have been well
attended.
Historically, Tourism also received non-matching funds from advertising and co-ops
through print-media and also the travel guide. In 2008, NYS changed many of its guidelines
for advertising, and because of this, the amount of funding through non-matching funds has
been reduced. There were 100,000 travel guides produced, and there will not be any surplus
at the end of 2009.
The main goal for Tourism in 2009 was to assess the past and current marketing
efforts and to develop a plan beginning in 2010 that will more closely align our marketing
efforts with the County’s assets. To this end, one of the main focuses will be to more closely
align ourselves with outdoor recreation. A major source of Tourism revenue comes through
hunting, fishing, camping, snowmobiling, skiing, and hiking/canoeing.
A winter activities guide was developed in 2009 and will be handed out at all the
regional shows. This guide is designed to show all the best of Allegany County in the winter
including snowmobile trails, snowboarding, skiing, cross country skiing, indoor activities,
fishing, and scenic tours. The DEC and the Snowmobile Federation were partners in helping
to update all the locations.
The Tourism Department had four banners designed to be used as a “traveling show”
throughout the County and Region. These banners showcase the opportunities tourists have
when coming to the County for recreation, play, food and lodging, and festivals/events.
The Chamber launched a new comprehensive Calendar of Events that is linked to
both the Chamber website and the Tourism website. This calendar, while still a work in
progress, is well on its way to being viewed as the most valuable tool for any events to take
place in the County and to prevent overlap. New York State is also launching a new website,
and is requiring all counties across the state to re-enter, into their new database, every single
attraction, event, and amenity for travelers, along with pictures. This has been a major
undertaking, and as yet is not complete. We also hired a local photographer to update our
photo library.
In the past, the Region has attended ten to twelve different RV, Outdoor, and/or Sports
Shows (Cleveland, Syracuse, Buffalo, Pittsburg, etc.) and has had a booth to market our
region. Allegany County has not generally attended these events, although we have sent
travel guides. In 2010, we will again attend the Snowmobile Show, as well as the ten
Regional Shows. In 2009, the Tourism Department attended the NYS Annual Snowmobile
Conference and set up a booth to demonstrate the snowmobile maps in the County.
S. Grugel, Greater Allegany County Chamber of Commerce
359
2009 ANNUAL REPORTS
VETERANS’ SERVICE AGENCY
2009 ANNUAL REPORT
January 1, 2009 – December 31, 2009
TOTAL CONTACTS: 2,446
TOTAL SERVICES: 5,966
The estimated Veteran population of Allegany County is as follows:
WWI – 0; WWII – 437; KOREAN CONFLICT – 471; VIETNAM – 1,156;
POST VIETNAM – 666; PEACETIME – 1,256; PERSIAN GULF – 658;
THE TOTAL POPULATION IS: 4,644
The County Veteran Necrology Report for 2009 is as follows:
WWI – 0; WWII – 68; KOREAN CONFLICT – 36; VIETNAM – 31; PEACETIME – 16;
PERSIAN GULF – 2; TOTAL DEATHS: 153
During 2009, this Agency ordered 80 bronze plaques, 7 granite markers,
19 bronze niches, and 2 upright marble markers for Veterans’ gravesites.
This Agency provides the following services: Veteran Administration home loans
information; service connected compensation claims; New York State tax exemptions from
real property; burial, educational, and pension benefits; completion of Annual Income
Reports; and assistance with any inquiries and settlements of Veterans’ Life Insurance.
To provide these services, a total of 2,165 letters and telephone calls were sent and
received, and 267 personal visits were made by veterans and various service organizations.
Approximately 75 percent of letters going out were for veteran claims. There were 89 out-ofoffice contacts made, including 27 home visits to veterans or widows too disabled to make an
office visit. The Director also made calls to nursing homes in the area.
Monetary benefits realized by veterans and their families in the County are as follows:
COMPENSATION & PENSION: $7,548,000; EDUCATION: $304,000; MEDICAL CARE:
$9,509,000; TOTAL BENEFITS: $17,361,000.
The major accomplishments of this office include continuing working with the Veterans’
Outreach Center in welcoming home veterans from Operation Iraqi Freedom and Operation
Enduring Freedom. Returning veterans are seeking help with filing claims for Compensation,
Vocational Training, VA Healthcare, and Job Placement, just to name a few. Our office has
added to our list of Purple Heart recipients, which stands at 272 and counting. Our office
continues the project for adding the names of WWII veterans to the WWII Memorial in
Washington, DC. The new CBOC facility in Wellsville is running quite well and operates
under the direction of Dr. James Marron. The Veterans’ Service Agency Office will re-locate
sometime in the spring of 2010, along with the Office for the Aging, to the Crossroads
Commerce Center. This office continues its proactive role for all veterans and their families
in Allegany County.
H. Scott Spillane, Director
360
WEIGHTS AND MEASURES
2009 ANNUAL REPORT
The year 2009 began with the annual reports to the County and New York State being
filed. I again tried to organize my duties to eliminate the amount of repetition that occurred in
previous years. I felt that some reduction was accomplished, although as I get better
notification by businesses when seals are broken or problems arise with devices, repeat
inspections are up proportionally. I was able to attend my state school this year and thus
gain valuable information and training. I had stations that upgraded their pumps to enable
credit card sales. Enforcement of price signs being on top of pumps and being current is still
a bit of an issue when prices were changing all the time.
This year, I tested over 200 establishments with over 800 inspections made. The
seven grocery stores and 14 other food stores/delis were checked. All of the 46 remaining
commercial gas stations, including two marinas, were tested, inspected, and approved. I also
tested pumps at the airport. The number of fuel pump inspections is down somewhat this
year, because I only checked low and high grade and not mid grade because of the cost of
fuel. I used the gas samples to check the mid grade octane with no obvious errors. This
year, 98 gas and diesel samples were taken under the NYS Octane Testing Program with no
failures. Twelve pharmacies and one of two hospital pharmacies were tested, inspected, and
approved. Sixteen of seventeen active truck scales were tested with no failures. Ten bulk
tanks were checked and/or recalibrated, with three being new tanks. This brings the number
of farms that have been checked in the last five years to 90+. There were three gas stations
closed and one anticipated opening in my jurisdiction this year. Device test summary is as
follows:
DEVICE
Scales
Fuel pumps
Weights
Miscellaneous
Non-Commercial
Total Tests
CORRECT
249
357
120
29
12
842
CORRECTED
4
10
0
0
0
14
TOTAL
253
367
120
29
12
856
New this year is a flow meter at Friendship Dairies to help in checking the load weights
from trucks as compared to bulk tank chart readings.
There is now a state-wide pricing accuracy law. After customizing for our County,
handing out and explaining the flier, I will follow up with inspections. Many businesses in our
area do not get updates on some of the new regulations, or if they do, there is no one to
explain the details. Most want to be in compliance, but don’t know what they need to do.
I had a few phone inquiries about devices in the County (mostly Indian gas stations)
and one about tax on a gallon of gas. When prices were highest, I had many complaints on
fuel that were subsequently sampled and found within tolerance. All violations found during
testing and inspecting were explained to owner and/or manager and corrected at that time or
in a period of time allowed by the Director. This department has followed up on all calls for
assistance and will continue to do so.
Gilbert Green, Director
361
2009 ANNUAL REPORTS
MUTUAL SELF-INSURANCE PLAN (WORKERS’ COMPENSATION)
2009 ANNUAL REPORT
The Allegany County Mutual Self-Insurance Plan is the Workers’ Compensation
insurance carrier for all County, Town, Village, Private Industry Council, and Soil & Water
Conservation District employees.
In addition, all active Allegany County Volunteer
Firefighters and Volunteer Ambulance Corps workers are covered. Approximately 2,700
people are insured by the Plan.
COMPARISON OF LOST TIME COMPENSATION CLAIMS
2009
2008
INCREASE (DECREASE)
Town
4
3
1
Village
1
2
(1)
County
1
1
Volunteer Firefighter
3
7
(4)
TOTAL
9
13
(4)
Although 2009 lost time claims dropped by 4 from 2008, primarily in volunteerism, Plan
costs increased due to the more costly incidents in 2009 and the 2008 accident treatment
carryovers.
COMPARISON OF PHYSICALS TAKEN
2009
2008
Pre-employment
193
141
Firefighter & Ambulance 103
104
TOTAL
296
245
INCREASE (DECREASE)
52
(1)
51
All employees, including part-time, temporary seasonal, summer help, and Job Trak,
must have a post-offer physical. In addition, all Volunteer Firefighter and Ambulance Corps
members are required, under the Local Law, to have a physical before acting in the line of
duty. The 2009 increase in pre-employment physicals comes primarily from the Sheriff’s
Office part-time and summer help hirings.
COMPARISON OF HEARING RESULTS
2009
2008
Continued
15
20
Closed
5
17
TOTAL
20
37
INCREASE (DECREASE)
(5)
(12)
(17)
Our Plan’s hearings are typically held in Hornell, Jamestown, Buffalo, and Rochester,
but can be requested by the claimant at any statewide site. Continued increased
Administrative (paper) and Pre-Hearing Conference Decisions, thereby resolving cases
before formal hearings, have favorably reduced the number of hearings conducted and our
legal representation costs. This improves the timeliness of case decisions and expedites
return to work. Sadly, the Olean hearing site was closed in 2009, thereby leaving us only
Hornell close by in the Southern Tier.
Individual safety awards were presented at luncheons for the Villages, Towns, and
County Public Works Department employees.
This marked the thirteenth year of
departmental safety awards to Volunteer Fire Companies and Ambulance Corps for 100
percent physical compliance and no lost time claims. Eleven organizations were recognized
at the July County Fire Convention in Cuba.
Douglas A. Dillon, Executive Secretary
362
YOUTH BUREAU
2009 ANNUAL REPORT
During 2009, the Office of Children and Family Services allocated $101,959 to
Allegany County for youth programs. Of this money, $25,787 supported six Special
Delinquency Prevention Programs; $28,016 was granted to 22 municipalities including
Allegany County for the operation of recreation programs; $13,262 was used to offset
administrative costs of running the Youth Bureau; $25,164 was allocated to nine Youth
Service programs directed toward Youth Development; and $9,730 was used to fund five
County programs using Youth Initiative monies. In mid-2009, due to the state financial crisis,
the Bureau’s budget was again cut by over 8 percent. In total, over 12,000 youth participated
in 42 programs funded through the Youth Bureau.
The Youth Bureau continues to actively collaborate with governmental, civic, and notfor-profit agencies throughout Allegany County in order to meet the needs of all County
youth. For example, as a member of the Partners for Prevention in Allegany County (PPAC),
this agency continues to work with others to address identified gaps in services to our County
youth and families. The Director continues to be a member of many boards and committees,
including the Youth Court Board and Traffic Safety Board, which address needs of our youth.
The Bureau continues to work with other agencies to provide assistance to troubled
youth so that they may successfully remain in the community. Specifically, funding for these
“high-risk” youth is granted to programs such as STEP and First STEP (adventure
based/experiential programs), the Summer Youth Employment Program, the Southern Tier
Traveling Teacher, Youth Compeer, and the Youth Court. Through these programs, targeted
youth are given jobs, mentored, learn life skills, and earn their GEDs, and are held
responsible for their actions while earning a second chance to follow a law-abiding life.
In 2009, the Youth Bureau continued its outreach to area schools to find ways to better
serve our youth. The Bureau has been privileged to partner with the Allegany-Cattaraugus
BOCES, Houghton College, SUNY Alfred, and Alfred University to offer internships to their
students. The Bureau offers Internships to BOCES students, Houghton’s Upward Bound
program, and students from SUNY Alfred and Alfred University.
The Youth Bureau continues to work closely with the various towns and villages which
administer youth recreation programs. These contacts are valuable for monitoring and
evaluation purposes, and also for networking and sharing information between and among
youth organizations.
In September of 2009, the Youth Bureau assumed the responsibilities of the Juvenile
Arson Program. No new referrals were received prior to the end of the year.
The Allegany County Youth Bureau is committed to encouraging the development of
innovative youth programs which are based upon the principles of Youth Development.
Linda Edwards, Director
363
2009 ANNUAL REPORTS
COUNTY TREASURER
2009 ANNUAL REPORT
Pursuant to Resolution No. 123-85 of the Board of Legislators and requirements of the
Governmental Accounting Standards Board (GASB) Statement 34, the following titled
portions of each Allegany County Treasurer’s annual report shall be the only portions printed
in the annual printed volume of the “Proceedings of the Board of Legislators of Allegany
County, New York,” to wit:
a.
b.
c.
d.
e.
f.
g.
h.
Management’s Discussion and Analysis
Statement of Net Assets
Statement of Activities
Balance Sheet, Governmental Funds
Reconciliation of the Governmental Funds Balance Sheet to the
Statement of Net Assets
Statement of Revenues, Expenditures, and Changes in Fund Balances,
Governmental Funds
Reconciliation of the Statement of Revenues, Expenditures, and
Changes in Fund Balances of Governmental Funds to the Statement of
Activities
Notes to Financial Statements
Each annual report of the Allegany County Treasurer, in its entirety, is on file in the
Office of the Clerk of the Board of Legislators.
Terri L. Ross, County Treasurer
364
(Pages 363-392 included the Treasurer’s Annual Audit Report in the printed “hard
copy” version of this Journal of Proceedings. The same information can be found on
the electronic or CD version in a separate PDF file, pages 2-18 and 25-37.)
365
2009 ANNUAL REPORTS
366
367
2009 ANNUAL REPORTS
368
369
2009 ANNUAL REPORTS
370
371
2009 ANNUAL REPORTS
372
373
2009 ANNUAL REPORTS
374
375
2009 ANNUAL REPORTS
376
377
2009 ANNUAL REPORTS
378
379
2009 ANNUAL REPORTS
380
381
2009 ANNUAL REPORTS
382
383
2009 ANNUAL REPORTS
384
385
2009 ANNUAL REPORTS
386
387
2009 ANNUAL REPORTS
388
389
2009 ANNUAL REPORTS
390
391
2009 ANNUAL REPORTS
392
393
2009 ANNUAL REPORTS
394
MORTGAGE TAX APPORTIONMENT TABLE
Pursuant to the authority conferred by the Tax Law of the State of New York, the
Board of Legislators of Allegany County, New York, ordered and directed the County
Treasurer that there be paid to the proper officers of the several tax districts entitled thereto,
the mortgage tax moneys held by her and belonging to the several towns and villages of the
County for the period October 1, 2008, through March 31, 2009.
TOWN
Alfred
Allen
Alma
Almond
Amity
Andover
Angelica
Belfast
Birdsall
Bolivar
Burns
Caneadea
Centerville
Clarksville
Cuba
Friendship
Genesee
Granger
Grove
Hume
Independence
New Hudson
Rushford
Scio
Ward
Wellsville
West Almond
Willing
Wirt
Resolution No. 88-09
Dated: May 26, 2009
AMOUNT
OF TAX
PAYABLE
TO TOWN
PAYABLE
TO VILLAGE
NAME OF
VILLAGE
7,289.70
1,238.62
2,070.87
2,016.20
4,627.07
3,583.92
7,764.91
4,990.89
591.76
5,933.98
5,858.03
1,238.62
2,070.87
1,859.63
3,871.90
2,929.16
6,383.21
4,990.89
591.76
4,676.37
1,431.67
Alfred
156.57
755.17
654.76
1,381.70
Almond
Belmont
Andover
Angelica
5,162.42
8,034.41
1,446.84
3,362.51
8,673.66
4,365.63
5,844.89
1,975.23
1,767.34
10,567.72
2,094.82
1,472.58
8,409.96
6,264.58
182.05
20,424.41
2,520.16
3,901.42
2,490.14
---------------139,068.69
4,468.28
8,034.41
1,446.84
3,362.51
7,260.28
4,365.63
5,844.89
1,975.23
1,767.34
10,567.72
2,094.82
1,472.58
8,409.96
6,264.58
182.05
14,870.34
2,520.16
3,901.42
2,320.43
---------------125,599.91
1,167.75
89.86
694.14
(Bolivar)
(Richburg)
Canaseraga
1,413.38
Cuba
5,554.07
Wellsville
169.71
---------------13,468.78
Richburg
Brenda Rigby Riehle, Clerk of the Board
395
TABLES, CHARTS, FINANCIAL INFORMATION
MORTGAGE TAX APPORTIONMENT TABLE
Pursuant to the authority conferred by the Tax Law of the State of New York, the
Board of Legislators of Allegany County, New York, ordered and directed the County
Treasurer that there be paid to the proper officers of the several tax districts entitled thereto,
the mortgage tax moneys held by her and belonging to the several towns and villages of the
County for the period April 1, 2009 through September 30, 2009.
TOWN
AMOUNT
OF TAX
PAYABLE
TO TOWN
PAYABLE
TO VILLAGE
NAME OF
VILLAGE
Alfred
Allen
Alma
Almond
Amity
Andover
Angelica
Belfast
Birdsall
Bolivar
14,056.05
2,195.41
1,930.36
11,811.28
6,799.73
6,883.55
3,572.94
3,453.38
615.26
5,250.60
11,295.50
2,195.41
1,930.36
10,894.08
5,689.97
5,625.97
2,937.17
3,453.38
615.26
4,137.82
2,760.55
Alfred
917.20
1,109.76
1,257.58
635.77
Almond
Belmont
Andover
Angelica
3,519.27
8,304.93
4,348.35
2,403.93
14,725.79
3,905.07
5,097.57
1,263.24
3,281.47
5,411.53
3,239.02
1,368.77
8,001.73
5,791.83
883.71
20,945.05
1,669.74
3,666.36
3,036.50
---------------157,432.42
3,046.07
8,304.93
4,348.35
2,403.93
12,326.21
3,905.07
5,097.57
1,263.24
3,281.47
5,411.53
3,239.02
1,368.77
8,001.73
5,791.83
883.71
15,249.40
1,669.74
3,666.36
2,829.55
---------------140,863.40
1,033.27
79.51
473.20
(Bolivar)
(Richburg)
Canaseraga
2,399.58
Cuba
5,695.65
Wellsville
206.95
---------------16,569.02
Richburg
Burns
Caneadea
Centerville
Clarksville
Cuba
Friendship
Genesee
Granger
Grove
Hume
Independence
New Hudson
Rushford
Scio
Ward
Wellsville
West Almond
Willing
Wirt
Resolution No. 214-09
Dated: November 23, 2009
396
2010 BUDGET FOR ALLEGANY COUNTY MUTUAL SELF-INSURANCE PLAN
(WORKERS’ COMPENSATION)
Pursuant to the provisions of Section 67, Subd. 1 of the Workers’ Compensation Law of the
State of New York and to Allegany County Local Law No. 3 of 2002, as amended, establishing and
continuing a Mutual Self-Insurance Plan, we hereby submit the following estimate of the amounts
necessary for the operation of the Plan for the calendar year of 2010.
S1710.100
S1710.101
S1710.102
S1710.105
S1710.106
S1710.107
PERSONAL SERVICES
Regular
Holiday
Vacation
Sick
Personal
S1710.400
S1710.401
S1710.402
S1710.406
S1710.407
S1710.411
S1710.416
S1710.419
S1710.430
S1710.432
CONTRACTUAL EXPENSE
Postage/UPS
Administrative Mileage/Exp.
Employers’ Excess. Liab.
Office Supplies
Dues, Books, Fees, Bonds
State Assessments
Medical Evaluations
Attorney Fees
Physical Exams
Equipment Repair
Telephone
Copying & Printing
Consulting Services
Safety Program
S1710.801
S1710.802
S1710.803
S1710.804
S1710.805
S1710.806
EMPLOYEE BENEFITS
Retirement
FICA
Workers’ Compensation
Disability
Hosp./Med.
S1720.406
72,120
3,120
8,240
3,120
1,110
$
2,000
1,800
62,000
500
500
55,000
18,000
55,000
8,500
400
1,000
600
7,500
10,200
$ 223,000
7,720
6,710
1,975
420
25,045
$ 41,870
CLAIMANT INDEMNITY
$ 250,000
$ 250,000
S1720.409
FEES (ATTORNEY)
$
$
S1720.430
CLAIMANT MEDICAL
$ 200,000
$ 200,000
S1720.431
CLAIMANT MILEAGE/MED.
$
$
S1710.409
$
$
$
5,000
7,500
TOTAL 2010 BUDGET
S510
REVENUE
Apportionment by Assessment
Apportionment by Experience
Apportionment by Payroll
Interest on Reserves
Prior Year Expense Recoveries
Private Industry Council
TOTAL 2010 REVENUE
87,710
5,000
7,500
$ 815,080
$
7,741
154,816
611,523
500
38,000
2,500
$ 815,080
$815,080
397
(WORKERS’ COMPENSATION)
2010 BUDGETED PARTICIPANT ASSESSMENTS
We, the duly appointed Personnel Committee of the Allegany County Board of Legislators, do
hereby certify that, pursuant to Local Law No. 3 of 2002, as amended, and Sections 66 and 67 of the
Workers’ Compensation Law, the amounts set forth below constitute the share due from each of the
participants of the Allegany County Mutual Self-Insurance Plan as provided by budget for its operation
during the calendar year 2010.
ALLEGANY COUNTY:
$ 374,002
TOWN OF:
Alfred
Allen
Alma
Almond
Amity
Andover
Angelica
Belfast
Birdsall
Bolivar
Burns
Caneadea
Centerville
Clarksville
Cuba
Friendship
Genesee
Granger
Grove
Hume
Independence
New Hudson
Rushford
Scio
Ward
Wellsville
West Almond
Willing
Wirt
VILLAGE OF:
$
8,571
4,012
7,508
8,821
11,305
9,777
8,468
8,209
17,436
15,845
8,137
14,120
6,566
7,755
23,817
18,655
9,984
6,532
7,477
13,716
11,421
7,543
11,376
14,938
5,174
20,316
5,097
7,565
7,224
$ 307,365
Alfred
Almond
Andover
Angelica
Belmont
Bolivar
Canaseraga
Cuba
Richburg
Wellsville
$ 11,535
106
3,989
5,919
6,768
6,087
2,048
11,183
1,131
43,947
$ 92,713
TOTAL
$ 774,080
Douglas A. Dillon, Executive Secretary
PERSONNEL COMMITTEE OF THE ALLEGANY COUNTY BOARD OF LEGISLATORS
APPROVED BUDGET AND APPORTIONMENT ON JULY 15, 2009:
William M. Hall, Chairman
David T. Pullen, Esq.
Glenn R. Benson
Daniel Russo
Douglas D. Burdick
Norman G. Ungermann, Jr.
Dwight R. Fanton
398
LEGISLATORS COMPENSATION TABLE FOR 2009
REGULAR/SPECIAL SESSIONS
ATTENDED
COMMITTEE WORK
MILEAGE
TOTAL
MILEAGE &
EXPENSES
SALARY
GRAND
TOTAL
# MTGS.
MILES
MILEAGE
OTHER
EXPENSES
BENSON, Glenn R.
56
1,425
783.75
140.00
24
1,216
668.80
1,592.55
8,500.00
10,092.55
BURDICK, Douglas D.
72
1,032
567.60
0.00
25
737
405.35
972.95
8,500.00
9,472.95
CRANDALL, Curtis W.
272
3,606
1,983.30
0.00
25
470
258.50
2,241.80
17,000.00
19,241.80
DIBBLE, William G.
232
4,450
2,447.50
120.00
25
1,520
836.00
3,403.50
8,800.00
12,203.50
FANTON, Dwight R.
149
1,957
1,076.35
20.00
24
748
411.40
1,507.75
8,500.00
10,007.75
76
1,190
654.50
0.00
21
634
348.70
1,003.20
8,500.00
9,503.20
169
3,099
1,704.45
0.00
25
1,117
614.35
2,318.80
8,500.00
10,818.80
KRUGER, Karl D.
44
0
0.00
0.00
24
0
0.00
0.00
8,500.00
8,500.00
McCORMICK, Michael J.
81
1,714
942.70
0.00
25
966
531.30
1,474.00
8,800.00
10,274.00
O'GRADY, Timothy J.
76
999
549.45
0.00
22
550
302.50
851.95
8,500.00
9,351.95
148
3,889
2,138.95
0.00
24
1032
567.60
2,706.55
8,500.00
11,206.55
REYNOLDS, Brent L.
75
1,030
566.50
0.00
22
510
280.50
847.00
8,500.00
9,347.00
RUSSO, Daniel
63
548
301.40
0.00
23
567
311.85
613.25
8,500.00
9,113.25
TRUAX, Ronald B.
33
448
246.40
0.00
18
594
326.70
573.10
8,500.00
9,073.10
UNGERMANN Jr., Norman G.
85
779
428.45
0.00
23
864
475.20
903.65
8,500.00
9,403.65
LEGISLATORS
HALL, William M.
HOPKINS, Theodore L.
PULLEN Esq., David T.
# MTGS.
MILES
I hereby certify that the Board of Legislators of Allegany County was in session 25 days for the period commencing January 1, 2009, and ending December 31,
2009. The above constitutes a complete statement of all compensation paid and expenses reimbursed to each member during said period. The above
compensation for Curtis W. Crandall includes $8,500 as Chairman of the Board, compensation for William G. Dibble includes $300 as Majority Leader, and
compensation for Michael J. McCormick includes $300 as Minority Leader, pursuant to Resolution No. 205-08 adopted November 24, 2008.
399
SPECIAL DISTRICT VALUATIONS 2010
WATER
Belfast
Caneadea
Houghton Water
Cuba
WD481
WD483
WD484
Hume
Independence
WD601
Scio
WD664 W. Cons.
Wellsville
Sinclair
Riverside
East State Street
Bolivar Road
George Street
West
21,635,855
70,159,280
185,000
2,800,000
16,250,000
13,306,484
5,407,400
18,384,061
4,378,500
4,195,300
298,480
7,246,269
0
5,658,225
HYDRANT
Alfred
7,300,301
SIDEWALK
Friendship
Hume
14,441,236
13,074,684
REFUSE
Friendship
12,652,452
LIGHT
Alma
Belfast
Caneadea
Oramel
Houghton
Friendship
Grove
Swain
Hume
LD581
LD582
LD583
Independence
New Hudson
Rushford
Scio
Wellsville
Hillcrest
SEWER
Caneadea
Houghton
Cuba
SD481
SD482
SD483
Hume
Wellsville
Sinclair
Bolivar Road
State St.
Airport
Airway Sewer Dist.
Highland
LAKE DISTRICT
Caneadea
Cuba
Rushford
1,831,509
16,190,155
3,124,523
1,551,043
20,824,214
13,777,536
61,000
3,501,125
2,672,364
13,076,231
5,944,961
2,189,024
6,134,367
13,829,825
1,996,500
65,233,062
11,500
185,000
2,800,000
13,268,584
4,445,840
7,246,269
298,480
0
0
0
12,401,100
34,127,494
55,670,805
FIRE
Belfast
Bolivar 1
Bolivar 2
Caneadea
Centerville
Clarksville
Friendship
Grove District 1
Grove District 2
Richburg-Wirt
Rushford
Scio District 1
Scio District 2
53,576,647
59,816,183
1,874,288
76,220,808
33,024,047
48,310,159
42,402,295
20,520,285
13,859,805
44,477,015
96,934,619
14,558,391
29,415,652
FIRE PROTECTION
Alfred
57,292,496
Allen
33,772,663
Alma
29,374,080
Almond
55,977,020
Amity
34,260,423
Andover
32,522,151
Angelica
40,912,507
Birdsall
26,715,809
Burns
29,359,070
Cuba
105,316,751
Genesee
Fire District 1
28,261,614
Fire District 2
30,650,638
Granger
24,205,767
Hume
89,688,726
Independence
40,428,418
New Hudson
34,701,540
Ward
24,005,350
Wellsville
104,817,284
West Almond
25,015,232
Willing
78,494,816
400
2010 EQUALIZATION AND APPORTIONMENT TABLE
Town
ALFRED
ALLEN
ALMA
ALMOND
AMITY
ANDOVER
ANGELICA
BELFAST
BIRDSALL
BOLIVAR
BURNS
CANEADEA
CENTERVILLE
CLARKSVILLE
CUBA
FRIENDSHIP
GENESEE
GRANGER
GROVE
HUME
INDEPENDENCE
NEW HUDSON
RUSHFORD
SCIO
WARD
WELLSVILLE
WEST ALMOND
WILLING
WIRT
TOTALS
County Eq. Rate
Est. Rev. to be Raised
Total
Assessed
Value
Total
Exempt
Value
Total
Taxable
Value
Used for
Tax Rate
Taxable Value
Used for
Apportionment
Inc. Vets &
Clergy Exempt
454,812,637
34,164,263
30,545,273
98,490,874
88,780,837
60,062,594
71,832,447
55,144,347
28,291,309
69,922,704
45,512,155
143,202,743
33,772,493
50,049,259
204,405,945
49,193,795
62,002,839
25,354,467
34,961,985
97,652,626
52,612,073
39,192,040
115,239,719
50,373,418
24,556,426
298,695,629
25,744,389
80,337,854
47,877,215
361,327,216
2,687,243
1,834,661
42,362,460
44,293,158
8,526,815
14,421,391
9,119,803
10,683,273
10,524,552
9,554,499
70,612,600
7,017,051
3,843,323
55,775,558
8,986,938
4,024,963
3,034,453
1,797,135
41,985,640
6,951,528
10,161,558
24,438,832
7,709,969
6,381,428
86,311,347
9,057,977
4,118,375
4,839,066
93,485,421
31,477,020
28,710,612
56,128,414
48,249,913
51,535,779
57,411,056
46,024,544
17,608,036
59,398,152
35,957,656
72,590,143
26,755,442
46,205,936
148,630,387
40,206,857
57,977,876
22,320,014
33,164,850
55,666,986
45,660,545
29,030,482
90,800,887
42,663,449
18,174,998
212,384,282
16,686,412
76,219,479
43,038,149
93,989,071
31,702,659
29,167,478
56,871,711
48,994,119
52,461,980
58,257,755
46,611,533
17,709,691
60,603,562
36,462,223
73,237,493
27,001,896
46,931,226
150,420,438
40,835,247
58,833,194
22,587,183
33,421,349
56,522,443
46,042,122
29,444,150
91,584,418
43,409,620
18,405,663
216,348,797
16,918,078
77,020,138
43,797,028
2,472,784,355
872,382,812
1,604,163,777
1,625,592,265
92.937444%
$27,139,034
Equal
Rate
Equalized
True
Value
for
Apportionment
100.00%
100.00%
93.00%
89.97%
75.00%
94.40%
98.00%
85.00%
100.00%
100.00%
90.00%
97.00%
97.00%
100.00%
100.00%
75.00%
100.00%
81.00%
100.00%
94.00%
74.00%
100.00%
95.00%
72.00%
100.00%
93.00%
88.00%
100.00%
100.00%
County
Taxable
Equalized
Value
Town %
of County
Budget
Total
County
Levy
by
Town
Tax Rate
for
County
Levy
Vets &
Clergy
Town
15.599366
15.626998
16.949113
17.473877
21.006787
16.731594
16.065921
18.486660
15.605351
15.830648
17.481663
16.138292
16.142986
15.759325
15.702642
21.011027
15.744672
19.384566
15.635775
16.759801
21.142484
15.736866
16.473329
21.926586
15.712691
16.995058
17.876351
15.678763
15.789360
503650
225639
456866
743297
744206
926201
846699
586989
101655
1205410
504567
647350
246454
725290
1790051
628390
855318
267169
256499
855457
381577
413668
783531
746171
230665
3964515
231666
800659
758879
ALFRED
ALLEN
ALMA
ALMOND
AMITY
ANDOVER
ANGELICA
BELFAST
BIRDSALL
BOLIVAR
BURNS
CANEADEA
CENTERVILLE
CLARKSVILLE
CUBA
FRIENDSHIP
GENESEE
GRANGER
GROVE
HUME
INDEPENDENCE
NEW HUDSON
RUSHFORD
SCIO
WARD
WELLSVILLE
WEST ALMOND
WILLING
WIRT
93,989,071
31,702,659
31,362,880
63,211,861
65,325,492
55,574,131
59,446,689
54,837,098
17,709,691
60,603,562
40,513,581
75,502,570
27,837,006
46,931,226
150,420,438
54,446,996
58,833,194
27,885,411
33,421,349
60,130,259
62,219,084
29,444,150
96,404,651
60,291,139
18,405,663
232,633,115
19,225,089
77,020,138
43,797,028
93,485,421
31,477,020
30,871,626
62,385,700
64,333,217
54,592,986
58,582,710
54,146,522
17,608,036
59,398,152
39,952,951
74,835,199
27,582,930
46,205,936
148,630,387
53,609,143
57,977,876
27,555,573
33,164,850
59,220,198
61,703,439
29,030,482
95,579,881
59,254,790
18,174,998
228,370,196
18,961,832
76,219,479
43,038,149
5.37349013%
1.81248653%
1.79306085%
3.61391283%
3.73475217%
3.17725288%
3.39865255%
3.13511560%
1.01248846%
3.46479265%
2.31621960%
4.31659033%
1.59148161%
2.68312557%
8.59975240%
3.11281293%
3.36357817%
1.59424899%
1.91074651%
3.43773321%
3.55715435%
1.68336433%
5.51159228%
3.44693097%
1.05227818%
13.29996918%
1.09912592%
4.40335187%
2.50393897%
1,458,313.31
491,891.34
486,619.39
980,781.03
1,013,575.66
862,275.74
922,361.47
850,840.09
274,779.59
940,311.25
628,599.62
1,171,480.92
431,912.74
728,174.36
2,333,889.73
844,787.36
912,842.62
432,663.78
518,558.14
932,967.58
965,377.33
456,848.82
1,495,792.90
935,463.77
285,578.13
3,609,483.16
298,292.16
1,195,027.16
679,544.85
1,749,125,219
1,725,949,679
100.00%
27,139,034
Full Value Tax Rate
County Taxable Value Tax Rate
15.724117
16.917870
401
2010 TOWN AND COUNTY RATES, AS SPREAD
TOWNS
ALFRED
ALLEN
ALMA
ALMOND
AMITY
ANDOVER
ANGELICA
BELFAST
BIRDSALL
BOLIVAR
BURNS
CANEADEA
CENTERVILLE
CLARKSVILLE
CUBA
FRIENDSHIP
GENESEE
GRANGER
GROVE
HUME
INDEPENDENCE
NEW HUDSON
RUSHFORD
SCIO
WARD
WELLSVILLE
WEST ALMOND
WILLING
WIRT
COUNTY
RATE
15.599366
15.626998
16.949112
17.489457
21.006787
16.731594
16.065921
18.486660
15.605351
15.830648
17.481663
16.138292
16.142987
15.759325
15.702642
21.011027
15.744672
19.384566
15.635775
16.759801
21.142484
15.736867
16.473329
21.926586
15.712691
16.995058
17.876351
15.678763
15.789361
TOWN AND
FORESTLAND
RATE
5.632446
6.961037
18.786523
8.755059
11.697938
10.867344
4.636839
13.074580
7.164782
12.324196
8.478746
9.163228
10.828179
9.678496
8.294861
12.982271
8.873830
11.082915
11.357406
10.750062
13.539009
12.562567
7.811606
12.884845
12.205480
8.720144
6.060433
5.656389
13.084166
COUNTY
AND
TOWN
OUTSIDE
RATE
21.231812
22.588035
35.735635
26.244517
32.704726
27.598938
20.702759
31.561240
22.770133
28.154844
25.960408
25.301520
26.971165
25.437821
23.997502
33.993298
24.618502
30.467481
26.993181
27.509862
34.681493
28.299433
24.284935
34.811431
27.918172
25.715202
23.936784
21.335152
28.873527
TOWN
INSIDE
RATE
COUNTY
AND
TOWN
INSIDE
3.486270
19.085636
5.608413 23.097871
5.896375 26.903162
6.117734 22.849328
3.442919 19.508840
6.058918
6.719702
21.889566
24.201365
5.662059
21.364701
4.299784
21.294842
9.836707
25.626067
402
ALLEGANY COUNTY 2010 TAX RATES – TOWN AND COUNTY
SPECIAL DISTRICTS
TOWNS
ALFRED
ALLEN
ALMA
ALMOND
AMITY
ANDOVER
ANGELICA
BELFAST
BIRDSALL
BOLIVAR
BURNS
CANEADEA
CENTERVILLE
CLARKSVILLE
CUBA
FRIENDSHIP
GENESEE
GRANGER
GROVE
HUME
INDEPENDENCE
NEW HUDSON
RUSHFORD
SCIO
WARD
WELLSVILLE
WEST ALMOND
WILLING
WIRT
BOLIVAR
FD381
FD761
HUME
LD581HumeLight
LD582R&WLight
LD583HumeLt II
SD581Hume Sew
SW581Sidewalk
WD581Hume wat
FIRE
PROTECTION
.541083
.401212
1.736225
.446612
1.371845
.907074
.821265
1.097082
.797468
FIRE
DISTRICT
FIRE #1
FIRE #2
LIGHT
DISTRICT
WATER
DISTRICT
HYDRANT
DISTRICT
.048217
1.146596
.463244
4.100092
.544976
1.381318
.768119
1.469670
.497756
2.152006
1.379964
.991170
.779716
.144302
40.983607
2.034053
1.682097
1.142061
1.059604
1.156920
.722968
.893591
1.236754
.922149
.912987
2.054966
.354088
1.039905
.358182
.833558
1.983586
RATE
1.805531
2.373168
CANEADEA
Houghton Light
Houghton Water
Houghton Sewer
Oramel Light
Caneadea Light
Lake
RATE
1.075369
1.493060
.743716
1.676140
RUSHFORD
Lake
.142750
RATE
.713565
2.191210
.938151
.419370
.819150
3.183331
RATE
3.240478
CUBA
Lake
SD481 Sewer 1
SD482 Sewer 2
SD483 Sewer 3
SW485 Sewer 5
WD481 Water 1
WD483 Water 3
WD484 Water 4
SCIO
WD661
WD664WCW
RATE
1.361483
FRIENDSHIP
SW501
LD501
RD501
RATE
3.005629
1.340951
4.135957
.176985
RATE
2.279148
WELLSVILLE
SD701 Sinclair Sewer
SD702 Bolivar Rd Sewer
SD703 State St Sewer
WD701 Sinclair Water
WD702 Riverside Water
WD703 East St Water
WD704 Bolivar Rd Wat.
WD706 George St Water
WD707 West Wlsv. Wat.
RATE
.449859
.248404
1.658403
.456777
.238362
3.350308
.138002
3.486076
403
SALARIES OF TOWN OFFICERS - 2010
TOWN
ALFRED
ALLEN
ALMA
ALMOND
AMITY
ANDOVER
ANGELICA
BELFAST
BIRDSALL
BOLIVAR
BURNS
CANEADEA
CENTERVILLE
CLARKSVILLE
CUBA
FRIENDSHIP
GENESEE
GRANGER
GROVE
HUME
INDEPENDENCE
NEW HUDSON
RUSHFORD
SCIO
WARD
WELLSVILLE
WEST ALMOND
WILLING
WIRT
SUPERVISOR
$3,799
$3,500
$3,720
$3,502
$2,000
$5,750
$6,000
$4,300
$3,000
$4,212
$5,750
$3,100
$3,600
$7,000
$13,500
$5,200
$3,500
$4,000
$4,000
$6,900
$4,470
$4,300
$8,300
$6,000
$5,000
$8,500
$1,320
$4,635
$4,500
HIGHWAY SUPER.
$43,095
$33,500
$34,892
$47,042
$47,155
$51,870
$47,000
$42,000
$32,240
$39,365
$41,250
$44,362
$31,300
$43,720
$47,334
$44,652
$35,000
$39,000
$42,616
$40,000
$48,500
$32,500
$43,126
$39,140
$37,000
$48,667
$38,168
$45,740
$34,000
a. Salary for Town Clerk and Tax Collector are combined.
b. Town contracted out $15,941 for assessment services.
c. Town contracted out $10,000 for assessment services.
TOWN CLERK
$35,099
$2,800
$9,900
$9,957
$9,800
$9,250
$9,300
$9,160
$3,000
$12,454
$7,900
$14,028
$4,000
$9,750
$13,500
$15,073
$9,200
$3,600
$3,000
$16,340
$10,190
$4,700
$7,426
$6,630
$4,120
$35,222
$2,000
$6,300
$9,964
JUSTICES
$7,125
$2,000
$4,440
$8,399
$6,800
$5,500
$7,900
$5,974
$1,500
$4,240
$4,800
$7,375
$1,300
$4,500
$12,715
*$11,000
$5,200
$1,500
$3,100
$10,130
$4,200
$1,750
$3,030
*$7,650
$3,100
$6,200
$1,980
$6,000
$6,513
COUNCILMEN
$5,071
$1,564
$4,800
$5,465
$2,000
$4,600
$5,000
$3,400
$2,000
$3,500
$5,600
$4,000
$3,200
$4,250
$8,092
$9,600
$4,000
$2,400
$2,400
$8,200
$3,640
$2,400
$3,500
$4,000
$2,400
$12,800
$1,760
$5,670
$4,800
ASSESSORS
$12,342
$4,750
c
$10,000
$9,790
$10,000
$12,606
$9,500
$6,100
$12,974
$8,800
b
$12,600
$7,250
$15,421
$8,830
$9,500
$4,000
$5,400
e
$6,300
$7,580
d
$5,610
$4,500
$30,000
f
$6,386
$9,900
e. Town contracted out $13,090 for assessment services.
f. Town contracted out $11,190 for assessment services.
*Indicates salary for two town justices.
COLLECTORS
a
$1,000
a
a
$3,000
$2,850
a
$1,600
$800
a
a
a
$1,100
a
a
a
a
$600
$1,250
$2,430
$1,300
$2,400
a
$1,635
$1,450
$3,183
$880
$1,650
a
404
d. Town contracted out $18,458 for assessment services.
405
SUMMARY OF THE TOWN BUDGETS FOR THE YEAR 2010
Estimated
Revenues
Expenditures
Unexpended
Balance
Amount to be
Raised by Tax
$51,200
$21,150
$82,800
$20,050
$0
$0
$175,200
$50,000
$7,449
$20,913
$15,746
$0
$0
$94,108
$113,819
$16,618
$202,359
$105,302
$31,000
$352
$469,450
$8,082
$108,939
$0
$117,021
$11,000
$0
$0
$11,000
$92,449
$128,820
$13,550
$234,819
$13,825
$111,220
$0
$0
$125,045
$20,000
$45,000
$0
$0
$65,000
$195,678
$340,283
$51,000
$2,100
$589,061
$35,310
$2,300
$72,500
$92,284
$0
$202,394
$0
$0
$0
$0
$0
$0
$157,550
$12,474
$195,314
$163,632
$25,000
$553,970
$59,850
$1,850
$25,100
$67,917
$0
$154,717
$10,000
$0
$10,000
$0
$0
$20,000
$147,475
-$350
$125,955
$191,870
$47,000
$511,950
$0
$0
$20,000
$26,500
$0
$46,500
$140,324
$18,526
$169,657
$140,482
$29,500
$498,489
ALFRED
General Fund
General Outside Village
Highway – Townwide
Highway – Outside Village
Fire Protection
Hydrant
Total
$215,019
$45,217
$306,072
$141,098
$31,000
$352
$738,758
ALLEN
General Fund
Fire Protection
Total
$111,531
$237,759
$13,550
$362,840
ALMA
General Fund
Fire Protection
Light District
Total
$229,503
$496,503
$51,000
$2,100
$779,106
ALMOND
General Fund
Fire Protection
Total
$192,860
$14,774
$267,814
$255,916
$25,000
$756,364
AMITY
General Fund
Fire District
Total
$217,325
$1,500
$161,055
$259,787
$47,000
$686,667
ANDOVER
General Fund
Fire District
Total
$170,044
$19,686
$266,830
$214,146
$29,500
$700,206
$29,720
$1,160
$77,173
$47,164
$0
$155,217
406
Expenditures
Estimated
Revenues
Unexpended
Balance
Amount to be
Raised by Tax
$48,000
$0
$10,000
$36,000
$0
$94,000
$100,409
$1,605
$92,392
$45,147
$33,600
$273,153
$25,000
$15,000
$4,000
$0
$0
$44,000
$256,294
$355,900
$88,709
$58,778
$7,500
$767,181
$4,700
$61,000
$0
$65,700
$8,000
$24,970
$0
$32,970
$79,500
$82,800
$21,305
$183,605
$56,800
$1,550
$23,500
$55,600
$0
$0
$137,450
$18,000
$0
$5,000
$5,000
$0
$0
$28,000
$147,056
$19,254
$197,743
$202,012
$4,448
$108,000
$678,513
$25,145
$4,000
$103,000
$60,000
$0
$192,145
$80,000
$0
$80,000
$0
$0
$160,000
$95,875
$6,660
$146,750
$42,060
$16,000
$307,345
ANGELICA
General Fund
Fire District
Total
$361,234
$7,755
$349,802
$262,147
$33,600
$1,014,538
$212,825
$6,150
$247,410
$181,000
$0
$647,385
BELFAST
General Fund
Water District
Fire District
Light District
Total
$321,134
$534,900
$246,909
$61,853
$7,500
$1,172,296
$39,840
$164,000
$154,200
$3,075
$0
$361,115
BIRDSALL
General Fund
Fire Protection
Total
$92,200
$168,770
$21,305
$282,275
BOLIVAR
General Fund
Richburg-Wirt Fire District
Bolivar Joint Fire District
Total
$221,856
$20,804
$226,243
$262,612
$4,448
$108,000
$843,963
BURNS
General Fund
Fire Protection
Total
$201,020
$10,660
$329,750
$102,060
$16,000
$659,490
407
Expenditures
Estimated
Revenues
Unexpended
Balance
Amount to be
Raised by Tax
$30,000
$88,000
$190,000
$60,000
$0
$0
$0
$0
$0
$368,000
$188,841
$474,422
$153,895
$61,020
$2,600
$15,000
$650
$39,600
$106,390
$1,042,418
$0
$0
$0
$0
$145,892
$184,354
$25,450
$355,696
$19,900
$65,500
$0
$85,400
$15,000
$0
$0
$15,000
$146,385
$296,750
$71,000
$514,135
$216,088
$6,355
$91,400
$55,500
$0
$0
$0
$704
$2,600
$0
$0
$0
$372,647
$27,379.17
$13,644.92
$16,316.96
$40,159.51
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$123.91
$0.00
$97,624
$612,428
$0
$203,361
$275,094
$52,422
$0
$0
$19,273
$64,800
$0
$2,876
$46,464
$1,276,718
CANEADEA
General Fund
Houghton Water District
Houghton Sewer District
Caneadea Light District
Houghton Light District
Oramel Light District
Rushford Lake District
Caneadea Fire District
Total
$276,491
$651,867
$375,395
$258,020
$2,600
$15,000
$650
$39,600
$106,390
$1,726,013
$57,650
$89,445
$31,500
$137,000
$0
$0
$0
$0
$0
$315,595
CENTERVILLE
General Fund
Fire District
Total
$159,592
$291,854
$25,450
$476,896
$13,700
$107,500
$0
$121,200
CLARKSVILLE
General Fund
Fire Protection
Total
$181,285
$362,250
$71,000
$614,535
CUBA
General Fund
Fire District
Sewer District #1 (Echo Ln)
Sewer District #3 (Acme)
Sewer Dist. #5 Capital Note
Sewer Dist. #5 Usage
Water District #3 (Acme)
Water District #4 (School)
Cuba Lake District
Total
$855,896
$20,000
$311,078
$370,754
$52,422
$0
$0
$19,977
$67,400
$0
$3,000
$46,464
$1,746,990
408
Estimated
Revenues
Expenditures
Unexpended
Balance
Amount to be
Raised by Tax
$165,000
$140,947
$0
$0
$0
$15,911
$0
$0
$321,858
$268,994
$246,504
$91,250
$18,475
$43,405
$52,330
$0
$0
$720,958
$30,000
$15,000
$0
$0
$45,000
$122,305
$382,250
$39,000
$30,380
$573,935
$16,850
$111,000
$0
$127,850
$5,000
$10,000
$0
$15,000
$87,550
$161,300
$17,500
$266,350
$11,476
$235,608
$0
$0
$0
$247,084
$0
$35,400
$0
$0
$400
$35,800
$125,709
$249,572
$2,500
$16,000
$2,000
$395,781
$132,035
$202,374
$0
$10
$10
$25
$100
$120,330
$145,650
$600,534
$95,810
$48,350
$3,000
$0
$0
$0
$9,945
$8,448
$25,925
$191,478
$190,500
$398,500
$80,145
$3,765
$3,990
$9,725
$21,915
$0
$0
$708,540
FRIENDSHIP
General Fund
Street Lighting District
Sidewalks Fund
Refuse & Garbage District
Sewer District
Water District
Total
$592,236
$507,258
$91,250
$18,500
$43,475
$144,631
$173,588
$172,511
$1,743,449
$158,242
$119,807
$0
$25
$70
$76,390
$173,588
$172,511
$700,633
GENESEE
General Fund
Fire District #1 – Bolivar
Fire District #2 – Portville
Total
$220,735
$487,850
$39,000
$30,380
$777,965
$68,430
$90,600
$0
$0
$159,030
GRANGER
General Fund
Fire Protection
Total
$109,400
$282,300
$17,500
$409,200
GROVE
General Fund
Swain Lighting District
Canaseraga Fire District #1
Nunda Fire District #2
Total
$137,185
$520,580
$2,500
$16,000
$2,400
$678,665
HUME
General Fund
Fire Protection
Hume Light #1
Hume Light #2
Hume Light #3
Hume Sidewalk District
Hume Sewer District
Consolidated Water District
Total
$418,345
$649,224
$83,145
$3,775
$4,000
$9,750
$31,960
$128,778
$171,575
$1,500,552
409
Expenditures
Estimated
Revenues
Unexpended
Balance
Amount to be
Raised by Tax
INDEPENDENCE
General Fund
Fire
Street Light
Water District
Total
$229,384
$602,382
$50,000
$10,000
$37,971
$929,737
$18,725
$148,690
$0
$0
$30,900
$198,315
$10,000
$45,000
$0
$0
$7,071
$62,071
$200,659
$408,692
$50,000
$10,000
$0
$669,351
$0
$0
$0
$0
$0
$122,798
$268,573
$2,500
$32,000
$425,871
$203,158
$124,400
$0
$0
$0
$327,558
$10,000
$58,000
$0
$0
$0
$68,000
$278,850
$428,625
$6,500
$180,400
$88,500
$982,875
$55,650
$135,000
$131,135
$0
$0
$0
$321,785
$12,000
$0
$0
$0
$0
$0
$12,000
$191,228
$344,473
$41,900
$16,000
$29,917
$59,833
$683,351
$11,640
$66,390
$0
$78,030
$0
$0
$0
$0
$103,743
$172,470
$8,500
$284,713
NEW HUDSON
General Fund
Light District 1
Fire District 1
Total
$136,498
$541,373
$2,500
$32,000
$712,371
$13,700
$272,800
$0
$0
$286,500
RUSHFORD
General Fund
Lighting District
Rushford Lake Rec. District
Rushford Fire District
Total
$492,008
$611,025
$6,500
$180,400
$88,500
$1,378,433
SCIO
General Fund
Light District #1
Fire District #1
Fire District #2
Total
$258,878
$479,473
$173,035
$16,000
$29,917
$59,833
$1,017,136
WARD
General Fund
Fire Protection
Total
$115,383
$238,860
$8,500
$362,743
410
Estimated
Revenues
Unexpended
Balance
Amount to be
Raised by Tax
$100,000.00
$50,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$150,000.00
$603,460.00
$116,376.00
$289,548.31
$318,530.13
$0.00
$109,000.00
$285.00
$495.00
$2,000.00
$1,800.00
$0.00
$2,000.00
$1,000.00
$1,000.00
$1,000.00
$0.00
$19,725.00
$0.00
$0.00
$1,466,219.44
$25,106
$74,200
$0
$99,306
$93,000
$44,000
$8,960
$145,960
$43,600
$316,859
$0
$360,459
$30,000
$40,000
$0
$70,000
$213,212
$210,985
$65,430
$489,627
$26,375.00
$3,935.00
$66,750.00
$85,050.00
$0.00
$182,110.00
$5,000.00
$0.00
$0.00
$20,000.00
$0.00
$25,000.00
$163,363.56
$437.95
$250,943.64
$119,786.72
$88,224.00
$622,755.87
Expenditures
WELLSVILLE
General Fund - Townwide
Enterprise Fund – Airport
Fire Protection
Hillcrest Lighting District
E. State St. Sewer District
Sinclair Sewer District
Bolivar Rd. Sewer District
Airport Sewer District
Sinclair Water District
Riverside Water District
East State Water District
Bolivar Rd. Water District
George St. Water District
West Wellsville Water Dist
Airway Sntary. Sewer Dst.
Phillips Creek Water Dist.
Total
$1,052,310.00
$214,984.00
$362,748.31
$590,730.13
$77,954.00
$109,000.00
$285.00
$500.00
$2,010.00
$1,805.00
$21,830.00
$2,005.00
$1,005.00
$1,005.00
$1,005.00
$0.00
$19,750.00
$0.00
$0.00
$2,458,926.44
$348,850.00
$48,608.00
$73,200.00
$272,200.00
$77,954.00
$0.00
$0.00
$5.00
$10.00
$5.00
$21,830.00
$5.00
$5.00
$5.00
$5.00
$0.00
$25.00
$0.00
$0.00
$842,707.00
WEST ALMOND
General Fund
Fire Protection
Total
$130,346
$266,200
$8,960
$405,506
$12,240
$148,000
$0
$160,240
WILLING
General Fund
Fire Department
Total
$286,812
$567,844
$65,430
$920,086
WIRT
General Fund
Fire Protection Townwide
Total
$194,738.56
$4,372.95
$317,693.64
$224,836.72
$88,224.00
$829865.87
411
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412
Tentative Budget – October 2, 2009
Final Budget – November 23, 2009
ALLEGANY COUNTY BUDGET
FOR 2010
John E. Margeson, Budget Officer
Terri L. Ross, Deputy Budget Officer
Compiled in the Office of Brenda Rigby Riehle,
Clerk of the Board of Legislators
413
2010 ALLEGANY COUNTY BUDGET
ALLEGANY COUNTY APPROPRIATION AND TAX BUDGET FOR 2010
TABLE OF CONTENTS
Page
SUMMARY OF BUDGET:
Exhibit A - Summary of Budget - By Funds .............................................................................................................................. 412
SCHEDULES SHOWING BUDGET DETAILS:
Appropriations
Schedule 1-A
General Fund ............................................................................................................................ 414
Schedule 1-CD1
W.I.A. Grant Fund ..................................................................................................................... 439
Schedule 1-CS
Risk Retention Fund .................................................................................................................. 442
Schedule 1-CSH
Risk Retention – Health Fund ................................................................................................... 443
Schedule 1-D
County Road Fund .................................................................................................................... 444
Schedule 1-DM
Road Machinery Fund ............................................................................................................... 446
Schedule 1-H
Capital Projects Fund ................................................................................................................ 447
Schedule 1-S
Self Insurance Fund .................................................................................................................. 451
Schedule 1-V
Debt Service Fund .................................................................................................................... 452
Estimated Revenues Other Than Real Property Taxes
Schedule 2-A
General Fund ............................................................................................................................ 453
Schedule 2-CD1
W.I.A. Grant Fund ..................................................................................................................... 466
Schedule 2-CS
Risk Retention Fund .................................................................................................................. 467
Schedule 2-CSH
Risk Retention – Health Fund ................................................................................................... 468
Schedule 2-D
County Road Fund .................................................................................................................... 469
Schedule 2-DM
Road Machinery Fund ............................................................................................................... 470
Schedule 2-H
Capital Projects Fund ................................................................................................................ 471
Schedule 2-S
Self Insurance Fund .................................................................................................................. 472
Schedule 2-V
Debt Service Fund .................................................................................................................... 473
Statement of Special Reserves
Schedule 3
All Funds ................................................................................................................................... 474
Statement of Debt
Schedule 4
All Funds ................................................................................................................................... 475
Capital Fund Project
Schedule 5
Capital Project Fund .................................................................................................................. 476
Estimated Fund Balance at 12/31/09
Schedule 6
All Funds ................................................................................................................................... 477
Exemption Impact Report
Schedule 7
.................................................................................................................................................. 478
414
EXHIBIT
APPROPRIATIONS
General Government Support
Education
Public Safety
Health
Bus Transportation
Economic Asst. & Opportunity:
Social Services
Economic Development
Veterans' Service
Consumer Affairs
Prog. For Aging
Culture & Recreation
Home & Community Services
Undistributed:
Employee Benefits
Inter-Fund Transfers:
County Road Fund
Road Machinery Fund
W.I.A. Grant Fund
Capital Fund
Debt Service Fund
Risk Retention - Insurance
Risk Retention – Medical
W.I.A. Grant Fund
Transportation (Highway)
Capital Projects Fund
Debt Service
Risk Rentention Health Fund
Self Insurance Fund
TOTAL APPROPRIATIONS:
A - SUMMARY OF 2010 BUDGET - BY FUNDS
TOTAL
GENERAL
FUND
8,091,282
2,832,400
9,037,448
5,401,218
756,000
36,632,969
7,757,782
2,832,400
9,037,448
5,401,218
756,000
36,632,969
493,096
2,180,786
493,096
2,180,786
4,945,902
4,394,002
7,055,503
718,254
67,500
2,441,047
3,081,050
333,500
5,295,000
1,226,854
8,446,332
2,470,447
3,081,050
5,940,000
815,080
----------------111,342,718
7,055,503
718,254
67,500
933,322
2,693,757
333,500
5,295,000
W.I.A.
GRANT
FUND
RISK
RETEN.
FUND
RISK
RETEN.
HEALTH
FUND
COUNTY
ROAD
FUND
ROAD
CAPITAL
MACH. PROJECTS
FUND
FUND
SELF
INS.
FUND
DEBT
SERVICE
FUND
333,500
34,426,927
286,851
91,053
53,236
1,774,902
463,000
88,900
1,313,225
387,293
194,500
7,465,978
980,354
18,991,854
1,226,854
2,470,447
3,081,050
5,940,000
--------------86,582,537
-------------1,226,854
------------333,500
-------------5,940,000
-------------9,629,496
------------1,263,754
-------------2,470,447
815,080
-----------815,080
-------------3,081,050
415
LESS:
Estimated Revenues Other Than
Real Property Taxes:
Other Real Ppty. Tax Items
Non-Property Taxes
Departmental Income
Intergovernmental Charges
Use of Money & Property
Licenses & Permits
Fines & Forfeitures
Ppty. Sales & Comp. For Loss
Miscellaneous
State Aid
Federal Aid
Inter-Fund Revenues
Inter-Fund Transfers
TOTAL ESTIMATED REVENUES:
APPROPRIATED RESERVE:
APPROPRIATED FUND BALANCE:
BALANCE TO BE RAISED BY
REAL PROPERTY TAXES:
(2009 - $25,381,144)
AVERAGE COUNTY TAX RATE:
(2009 - 16.623791063)
COUNTY TAXABLE ASSESSED VALUE**
(2009 - 1,526,796,379)
1,556,000
17,890,000
4,600,894
3,773,040
165,500
1,600
36,250
1,020,700
1,376,291
13,892,180
16,705,393
2,766,660
18,991,854
---------------82,776,362
705,322
722,000
---------------84,203,684
27,139,034
16.917869852
1,604,163,777
1,556,000
17,890,000
4,600,894
2,942,060
159,000
1,600
36,250
1,005,000
974,791
11,902,727
15,951,519
1,018,340
--------------58,038,181
705,322
700,000
--------------59,443,503
25,000
2,000
29,400
4,000
10,700
1,500
1,987,293
5,000
362,000
776,580
500
38,000
2,160
753,874
381,320
67,500
-------------1,204,854
333,500
-----------333,500
283,000
5,295,000
-------------5,940,000
547,500
7,055,503
-------------9,629,496
536,500
718,254
-------------1,263,754
2,441,047
-------------2,470,447
-----------815,080
3,081,050
-------------3,081,050
22,000
-------------1,226,854
-----------333,500
-------------5,940,000
-------------9,629,496
-------------1,263,754
-------------2,470,447
-----------815,080
-------------3,081,050
increase in levy over
1,757,890 previous yr.
6.93 % increase in tax levy
0.29 increase in tax rate per thousand
1.77% increase in tax rate
**FINAL taxable assessed value as of 11-03-09
77,367,398 increase in taxable assessed value
5,951,287 Total Budget Increase
(2009 - $105,391,431)
416
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
SCHEDULE 1–A
APPROPRIATIONS - GENERAL FUND
GENERAL GOVERNMENT SUPPORT
LEGISLATIVE
A1010 Legislative Board
A1010.1
Personnel Services
A1010.4
Contractual Expenses
Total Legislative Board
137,572
28,981
166,553
137,082
31,368
168,450
136,600
32,950
169,550
136,600
31,950
168,550
136,600
31,950
168,550
A1011 County Administrator
A1011.1
Personnel Services
A1011.2
Equipment
A1011.4
Total County Administrator
128,518
126
99,949
228,593
128,754
0
27,000
155,754
206,412
0
146,700
353,112
206,412
0
44,700
251,112
206,412
0
44,700
251,112
A1040 Clerk, Legislative Board
A1040.1
Personnel Services
A1040.2
Equipment
A1040.4
Total Clerk, Legislative Board
155,951
2,200
16,382
174,533
161,251
0
18,525
179,776
179,099
2,000
19,150
200,249
165,789
0
19,150
184,939
165,789
0
19,150
184,939
569,679
503,980
722,911
604,601
604,601
0
0
400
400
400
400
400
400
400
400
415,868
97
65,979
481,944
419,497
1,718
69,484
490,699
419,691
0
90,440
510,131
419,691
0
86,440
506,131
419,691
0
86,440
506,131
TOTAL LEGISLATIVE
JUDICIAL
A1162 Unified Court Cost
A1162.4
Total Unified Court Cost
A1165 District Attorney
A1165.1
Personnel Services
A1165.2
Equipment
A1165.4
Total District Attorney
417
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
A1170 Public Defender
A1170.1
Personnel Services
A1170.2
Equipment
A1170.4
Total Public Defender
165,395
649
17,682
183,726
181,959
800
19,512
202,271
191,073
3,930
20,536
215,539
191,073
3,930
20,536
215,539
191,073
3,930
20,536
215,539
A1171 Assigned Counsel
A1171.4
Total Assigned Counsel
446,285
446,285
367,000
367,000
0
0
393,000
393,000
393,000
393,000
2,340
2,340
2,500
2,500
2,500
2,500
2,500
2,500
2,500
2,500
12,250
46,078
58,328
15,500
41,600
57,100
15,500
45,100
60,600
15,500
42,300
57,800
15,500
42,300
57,800
5,964
5,964
7,450
7,450
7,450
7,450
7,450
7,450
7,450
7,450
1,178,587
1,127,420
796,620
1,182,820
1,182,820
1,100
1,100
1,200
1,200
1,200
1,200
1,200
1,200
1,200
1,200
345,421
280
113,066
458,767
400,123
2,500
123,420
526,043
361,000
246,000
99,000
706,000
409,200
245,000
99,000
753,200
409,200
245,000
99,000
753,200
A1180 Justices & Constables
A1180.4
Total Justices & Constables
A1185 Medical Examiners & Coroners
A1185.1
Personnel Services
A1185.4
Total Medical Exam. & Coroners
A1190 Grand Jury
A1190.4
Total Grand Jury
TOTAL JUDICIAL
FINANCE
A1320 Auditor
A1320.1
A1325 Treasurer
A1325.1
A1325.2
A1325.4
Personnel Services
Total Auditor
Personnel Services
Equipment
Total Treasurer
418
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
3,923
3,923
5,000
5,000
5,000
5,000
5,000
5,000
5,000
5,000
247,171
389
52,131
299,691
249,424
0
82,850
332,274
254,819
0
60,050
314,869
254,819
0
60,050
314,869
254,819
0
60,050
314,869
6,171
6,171
12,500
12,500
10,000
10,000
10,000
10,000
10,000
10,000
769,652
877,017
1,037,069
1,084,269
1,084,269
Personnel Services
Equipment
Total County Clerk
579,314
1,751
123,108
704,173
594,198
5,000
139,150
738,348
588,528
1,500
144,350
734,378
588,528
1,500
144,350
734,378
588,528
1,500
144,350
734,378
A1420 County Attorney
A1420.1
Personnel Services
A1420.2
Equipment
A1420.4
Total County Attorney
348,670
2,041
56,671
407,382
347,649
5,000
73,128
425,777
366,619
3,000
83,400
453,019
366,619
1,500
76,400
444,519
366,619
1,500
76,400
444,519
A1430 Human Resources
A1430.1
Personnel Services
A1430.2
Equipment
A1430.4
Total Human Resources
157,482
4,026
24,835
186,343
168,214
500
23,500
192,214
191,628
0
22,400
214,028
191,628
0
22,400
214,028
191,628
0
22,400
214,028
A1340 Budget
A1340.1
A1355 Assessments
A1355.1
A1355.2
A1355.4
Personnel Services
Total Budget
Personnel Services
Equipment
Total Assessments
A1362 Tax Sale & Redemption
A1362.4
Total Tax Sale & Redemption
TOTAL FINANCE
STAFF
A1410 County Clerk
A1410.1
A1410.2
A1410.4
419
A1450 Elections
A1450.1
A1450.2
A1450.4
Personnel Services
Equipment
Total Elections
A1490 Public Works Administration
A1490.1
Personnel Services
A1490.2
Equipment
A1490.4
Total Public Works Administration
TOTAL STAFF
SHARED SERVICES
A1610 Central Service Telephone
A1610.2
Equipment
A1610.4
Total Central Service Telephone
A1620 Buildings
A1620.1
A1620.2
A1620.4
Personnel Services
Equipment
Total Buildings
A1622 Land Acquisition or Lease
A1622.4
Total Land Acquisition or Lease
A1670 Central Service Copying
A1670.4
Total Central Service Copying
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
120,832
22,370
135,248
278,450
120,170
77,000
156,844
354,014
122,471
2,000
155,535
280,006
122,471
2,000
155,535
280,006
122,471
2,000
155,535
280,006
289,000
250
14,110
303,360
328,099
0
15,675
343,774
335,370
2,000
15,675
353,045
335,370
1,000
15,025
351,395
335,370
1,000
15,025
351,395
1,879,708
2,054,127
2,034,476
2,024,326
2,024,326
3,553
174,198
177,751
4,000
210,430
214,430
4,000
222,000
226,000
3,000
216,000
219,000
3,000
216,000
219,000
335,941
2,261
397,874
736,076
364,842
2,350
508,467
875,659
371,709
2,350
564,945
939,004
371,709
2,350
490,445
864,504
371,709
2,350
490,445
864,504
0
0
0
0
102,000
102,000
102,000
102,000
102,000
102,000
15,971
15,971
21,308
21,308
24,000
24,000
24,000
24,000
24,000
24,000
420
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
A1671 Accounting & Auditing
A1671.4
Total Accounting & Auditing
37,800
37,800
56,000
56,000
56,000
56,000
56,000
56,000
56,000
56,000
A1672 Central Service U.P.S.
A1672.4
Total Central Service U.P.S.
4,270
4,270
4,300
4,300
4,000
4,000
4,000
4,000
4,000
4,000
A1673 Central Service Postage
A1673.4
Total Central Service Postage
6,439
6,439
30,750
30,750
30,965
30,965
30,965
30,965
30,965
30,965
203,094
20,411
55,312
278,817
211,192
20,450
58,900
290,542
210,747
53,450
61,900
326,097
210,747
53,450
61,900
326,097
210,747
53,450
61,900
326,097
1,257,124
1,492,989
1,708,066
1,626,566
1,626,566
346,036
346,036
400,000
400,000
375,000
375,000
375,000
375,000
375,000
375,000
5,296
5,296
5,565
5,565
5,700
5,700
5,700
5,700
5,700
5,700
0
0
500
500
500
500
500
500
500
500
A1680 Central Service Computer
A1680.1
Personnel Services
A1680.2
Equipment
A1680.4
Total Central Service Computer
TOTAL SHARED SERVICES
SPECIAL ITEMS
A1910 Unallocated Insurance
A1910.4
Total Unallocated Insurance
A1920 Municipal Association Dues
A1920.4
Total Municipal Association Dues
A1930 Judgements
A1930.4
Total Judgements
421
A1950 Taxes on Municipal Property
A1950.4
Total Taxes on Municipal Property
A1990 Contingent
A1990.4
Total Contingent
TOTAL SPECIAL ITEMS
TOTAL GENERAL GOVERNMENT SUPPORT
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
3,851
3,851
1,500
1,500
4,000
4,000
4,000
4,000
4,000
4,000
160,200
160,200
362,807
362,807
500,000
500,000
1,000,000
1,000,000
850,000
850,000
515,383
770,372
885,200
1,385,200
1,235,200
6,170,133
6,825,905
7,184,342
7,907,782
7,757,782
803,375
803,375
840,000
840,000
875,000
875,000
875,000
875,000
875,000
875,000
153
1,804,586
1,804,739
400
1,957,000
1,957,400
400
1,957,000
1,957,400
400
1,957,000
1,957,400
400
1,957,000
1,957,400
2,608,114
2,797,400
2,832,400
2,832,400
2,832,400
933,562
6,000
155,800
1,095,362
903,830
41,175
164,075
1,109,080
903,830
41,175
164,075
1,109,080
903,830
41,175
164,075
1,109,080
EDUCATION
COMMUNITY COLLEGES
A2495 Contribution to Community Colleges
A2495.4
Total Contrib. to Community Colleges
SPECIAL EDUCATION PHC
A2960 Special Education PHC
A2960.2
Equipment
A2960.4
Total Special Education PHC
TOTAL EDUCATION
PUBLIC
LAW ENFORCEMENT
A3110 Sheriff
A3110.1
A3110.2
A3110.4
Personnel Services
Equipment
Total Sheriff
SAFETY
949,044
5,175
146,443
1,100,662
422
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
0
2,990
2,990
0
3,000
3,000
5,000
8,000
13,000
2,000
6,800
8,800
2,000
6,800
8,800
A3112 E-911 Dispatch
A3112.1
Personnel Services
A3112.2
Equipment
A3112.4
Total E-911 Dispatch
375,777
971
13,456
390,204
481,036
22,500
154,462
657,998
494,469
55,000
54,555
604,024
494,469
55,000
39,555
589,024
494,469
55,000
39,555
589,024
A3114 Traffic Program
A3114.4
Total Traffic Program
1,637
1,637
3,000
3,000
0
0
0
0
0
0
0
0
10,000
10,000
0
0
10,000
10,000
10,000
10,000
647,913
16,894
122,688
787,495
727,528
7,778
152,972
888,278
668,769
2,600
159,500
830,869
668,769
2,600
159,500
830,869
668,769
2,600
159,500
830,869
29,641
524
88,324
40,970
159,459
31,671
1,000
87,433
33,753
153,857
16,391
1,000
87,350
18,294
123,035
31,905
1,000
87,350
35,660
155,915
31,905
1,000
87,350
35,660
155,915
A3111 Sheriff - Drug Program
A3111.2
Equipment
A3111.4
Total Sheriff - Drug Program
A3117 Act II Batterers Program
A3117.4
Total Act II Batterers Program
A3140 Probation
A3140.1
A3140.2
A3140.4
Personnel Services
Equipment
Total Probation
A3141 STOP DWI Program
A3141.1
Personnel Services
A3141.2
Equipment
A3141.4
A3141.8
Employee Benefits
Total STOP DWI Program
423
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
A3142 Alternatives to Incarceration
A3142.1
Personnel Services
A3142.4
A3142.8
Employee Benefits
Total Alternatives to Incarceration
36,230
1,145
18,629
56,004
36,572
2,440
15,213
54,225
37,500
800
0
38,300
37,500
800
0
38,300
37,500
800
0
38,300
A3143 Probation - Intensive Supervision
A3143.1
Personnel Services
A3143.4
A3143.8
Employee Benefits
Total Probation - Intensive Supervision
26,979
1,915
16,566
45,460
19,933
3,850
12,965
36,748
23,228
3,850
14,206
41,284
23,228
3,850
14,206
41,284
23,228
3,850
14,206
41,284
3,798,680
3,248
514,849
4,316,777
4,116,931
14,750
723,074
4,854,755
4,368,172
20,000
650,750
5,038,922
4,268,172
16,500
649,750
4,934,422
4,268,172
16,500
649,750
4,934,422
82,378
725
396,209
479,312
90,735
500
564,425
655,660
121,543
5,000
639,120
765,663
90,411
5,000
543,620
639,031
90,411
5,000
543,620
639,031
7,340,000
8,412,883
8,564,177
8,356,725
8,356,725
1,386
1,386
2,125
2,125
2,125
2,125
2,125
2,125
2,125
2,125
1,386
2,125
2,125
2,125
2,125
A3150 Jail
A3150.1
A3150.2
A3150.4
Personnel Services
Equipment
Total Jail
A3152 Public Safety Complex - Buildings & Grounds
A3152.1
Personnel Services
A3152.2
Equipment
A3152.4
Total Public Safety Comp. - Bldgs/Grounds
TOTAL LAW ENFORCEMENT
TRAFFIC CONTROL
A3310 Traffic Control
A3310.4
Total Traffic Control
TOTAL TRAFFIC CONTROL
424
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
59,227
12,311
30,234
101,772
61,938
23,014
41,725
126,677
64,938
18,000
44,025
126,963
64,938
18,000
45,525
128,463
64,938
18,000
45,525
128,463
126,456
126,456
120,000
120,000
122,000
122,000
122,000
122,000
122,000
122,000
228,228
246,677
248,963
250,463
250,463
107,356
617
74,341
182,314
110,148
2,450
88,160
200,758
111,450
0
89,585
201,035
111,450
0
73,685
185,135
111,450
0
73,685
185,135
TOTAL EMERGENCY SERVICES
182,314
200,758
201,035
185,135
185,135
HOMELAND SECURITY
A3645 Homeland Security
A3645.2
Equipment
A3645.4
Total Homeland Security
71,751
21,486
93,237
2,069,093
0
2,069,093
0
0
0
243,000
0
243,000
243,000
0
243,000
93,237
2,069,093
0
243,000
243,000
7,845,165
10,931,536
9,016,300
9,037,448
9,037,448
FIRE PREVENTION AND CONTROL
A3410 Fire
A3410.1
Personnel Services
A3410.2
Equipment
A3410.4
Total Fire
A3510 Fire E-911
A3510.4
Total Fire E-911
TOTAL FIRE PREVENTION AND CONTROL
EMERGENCY SERVICES
A3640 Emergency Services
A3640.1
Personnel Services
A3640.2
Equipment
A3640.4
Total Emergency Services
TOTAL HOMELAND SECURITY
TOTAL PUBLIC SAFETY
425
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
942,085
10,803
236,622
1,189,510
1,009,873
0
259,010
1,268,883
1,010,982
13,200
250,730
1,274,912
892,782
13,200
246,730
1,152,712
892,782
13,200
246,730
1,152,712
A4011 Health - Nurses
A4011.1
Personnel Services
A4011.4
Total Health - Nurses
389,654
584,544
974,198
0
49,150
49,150
0
0
0
0
0
0
0
0
0
A4035 Family Planning Clinic
A4035.2
Equipment
A4035.4
Total Family Planning Clinic
179
199,254
199,433
3,150
246,773
249,923
0
227,630
227,630
0
227,630
227,630
0
227,630
227,630
0
3,605
5,766
9,371
2,500
8,508
9,300
20,308
0
7,100
10,000
17,100
0
7,100
10,000
17,100
0
7,100
10,000
17,100
63,080
459,409
522,489
0
45,000
45,000
0
0
0
0
0
0
0
0
0
21,387
21,387
18,018
18,018
14,500
14,500
14,500
14,500
14,500
14,500
ACTUAL
2008
HEALTH
PUBLIC HEALTH
A4010 County Health Department
A4010.1
Personnel Services
A4010.2
Equipment
A4010.4
Total County Health Department
A4037 Public Health - Lead
A4037.2
Equipment
A4037.4
A4037.8
Employee Benefits
Total Public Health - Lead
A4040 Long Term Health Care
A4040.1
Personnel Services
A4040.4
Total Long Term Health Care
A4043 Rabies Clinics
A4043.4
Total Rabies Clinics
426
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
A4046 Physically Handicapped Children Program
A4046.4
Total P.H. Children Program
9,291
9,291
20,000
20,000
20,000
20,000
20,000
20,000
20,000
20,000
A4047 Community Health Assessment
A4047.4
Total Comm. Health Assessment
2,250
2,250
850
850
0
0
0
0
0
0
A4050 Water Quality Management
A4050.4
A4050.8
Employee Benefits
Total Water Quality Management
12,903
30,000
42,903
26,150
29,800
55,950
17,450
29,800
47,250
17,450
29,800
47,250
17,450
29,800
47,250
A4051 Tobacco Awareness
A4051.4
Total Tobacco Awareness
7,426
7,426
6,085
6,085
14,925
14,925
14,925
14,925
14,925
14,925
A4052 Health Dept. - Early Intervention Admin.
A4052.2
Equipment
A4052.4
Total Health - Early Intervention Admin.
1,080
7,186
8,266
500
13,050
13,550
1,700
6,500
8,200
1,700
6,500
8,200
1,700
6,500
8,200
623
623
3,000
3,000
3,500
3,500
3,500
3,500
3,500
3,500
0
0
0
700
8,594
9,294
700
7,100
7,800
700
7,100
7,800
700
7,100
7,800
873
873
5,060
5,060
5,050
5,050
5,050
5,050
5,050
5,050
A4053 Hep-B Vaccine
A4053.4
Total Hep-B Vaccine
A4054 Health - Children w/ Special Health Care Needs
A4054.2
Equipment
A4054.4
Total Health - CWSHCN
A4056 Immunization Under 24 Mo.
A4056.4
Total Immunization Under 24 Mo.
427
A4060 Health - Early Intervention Program
A4060.2
Equipment
A4060.4
Total Health - Early Intervention Program
A4070 TB Care & Treatment
A4070.4
Total TB Care & Treatment
A4071 Cancer Screening
A4071.2
Equipment
A4071.4
Total Cancer Screening
A4072 Komen Kares Grant
A4072.4
Total Komen Kares Grant
A4189 Bio-Terrorism Preparedness
A4189.2
Equipment
A4189.4
Total Bio-Terrorism Preparedness
A4190 WIC
A4190.2
A4190.4
Equipment
Total WIC
A4191 Rural Health Network
A4191.4
Total Rural Health Network
TOTAL PUBLIC HEALTH
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
0
262,647
262,647
2,000
403,500
405,500
2,000
403,500
405,500
2,000
403,500
405,500
2,000
403,500
405,500
2,176
2,176
4,000
4,000
5,500
5,500
5,500
5,500
5,500
5,500
0
209,613
209,613
600
274,090
274,690
0
253,748
253,748
0
253,748
253,748
0
253,748
253,748
0
0
16,000
16,000
22,891
22,891
22,891
22,891
22,891
22,891
300
56,336
56,636
6,000
59,300
65,300
0
38,313
38,313
0
38,313
38,313
0
38,313
38,313
7,063
299,167
306,230
5,500
340,369
345,869
5,000
361,568
366,568
5,000
361,568
366,568
5,000
361,568
366,568
271,183
271,183
475,000
475,000
225,000
225,000
225,000
225,000
225,000
225,000
4,096,505
3,351,430
2,958,387
2,836,187
2,836,187
428
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
938,904
938,904
871,427
871,427
909,552
909,552
909,552
909,552
909,552
909,552
938,904
871,427
909,552
909,552
909,552
167,565
1,182
98,245
69,897
336,889
159,411
10,500
108,750
65,500
344,161
165,303
10,500
110,620
69,500
355,923
165,303
10,500
110,620
69,500
355,923
165,303
10,500
110,620
69,500
355,923
A4311 Mental Health - Adult ICM
A4311.4
Total Mental Health - Adult ICM
13,169
13,169
12,048
12,048
12,354
12,354
12,354
12,354
12,354
12,354
A4312 Mental Health - Youth ICM
A4312.1
Personnel Services
A4312.2
Equipment
A4312.4
A4312.8
Employee Benefits
Total Mental Health - Youth ICM
108,373
32,720
67,459
46,516
255,068
113,512
19,500
76,094
51,268
260,374
111,830
2,500
76,617
51,268
242,215
111,830
2,500
76,617
51,268
242,215
111,830
2,500
76,617
51,268
242,215
A4313 Mental Health Contracts
A4313.4
Total Mental Health Contracts
563,670
563,670
597,743
597,743
497,524
497,524
497,524
497,524
497,524
497,524
A4314 Mental Health CSS
A4314.4
Total Mental Health CSS
117,313
117,313
104,205
104,205
104,205
104,205
104,205
104,205
104,205
104,205
NARCOTIC ADDICTION CONTROL
A4220 Council on Alcoholism & Substance Abuse
A4220.4
Total Council on Alcoholism & Subs. Abuse
TOTAL NARCOTIC ADDICTION CONTROL
MENTAL HEALTH
A4310 Mental Health Administration
A4310.1
Personnel Services
A4310.2
Equipment
A4310.4
A4310.8
Employee Benefits
Total Mental Health Admin.
429
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
349,790
349,790
330,459
330,459
330,459
330,459
330,459
330,459
330,459
330,459
A4316 Mental Health ICM
A4316.1
Personnel Services
A4316.4
A4316.8
Employee Benefits
Total Mental Health ICM
38,855
13,356
22,737
74,948
38,454
12,048
20,805
71,307
40,414
12,536
23,305
76,255
40,414
12,536
23,305
76,255
40,414
12,536
23,305
76,255
A4317 Mental Health AOT
A4317.1
Personnel Services
A4317.4
A4317.8
Employee Benefits
Total Mental Health AOT
0
0
0
0
8,072
7,249
1,795
17,116
8,072
6,572
1,900
16,544
8,072
6,572
1,900
16,544
8,072
6,572
1,900
16,544
75,845
75,845
20,000
20,000
20,000
20,000
20,000
20,000
20,000
20,000
TOTAL MENTAL HEALTH
1,786,692
1,757,413
1,655,479
1,655,479
1,655,479
TOTAL HEALTH
6,822,101
5,980,270
5,523,418
5,401,218
5,401,218
A4315 Mental Health Reinvestment
A4315.4
Total Mental Health Reinvestment
A4390 Mental Hygiene Law Exp.
A4390.4
Total Mental Hygiene Law Exp.
BUS TRANSPORTATION
BUS TRANSPORTATION
A5630 Bus Transportation
A5630.4
Total Bus Transportation
786,424
786,424
720,000
720,000
0
0
756,000
756,000
756,000
756,000
TOTAL BUS TRANSPORTATION
786,424
720,000
0
756,000
756,000
430
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
ECONOMIC ASSISTANCE AND OPPORTUNITY
SOCIAL SERVICES (Non-Program)
A6010 Social Services Administration
A6010.1
Personnel Services
A6010.2
Equipment
A6010.4
Total Social Services Admin.
4,208,600
30,522
2,660,244
6,899,366
4,389,739
20,650
2,542,363
6,952,752
4,632,671
31,791
2,765,256
7,429,718
4,335,663
20,000
2,719,422
7,075,085
4,335,663
20,000
2,719,422
7,075,085
A6055 Day Care Block Grant
A6055.4
Total Day Care Block Grant
758,586
758,586
858,000
858,000
858,000
858,000
858,000
858,000
858,000
858,000
A6070 Services for Recipients
A6070.4
Total Services for Recipients
978,760
978,760
867,483
867,483
980,000
980,000
980,000
980,000
980,000
980,000
8,636,712
8,678,235
9,267,718
8,913,085
8,913,085
9,984,694
9,984,694
10,060,435
10,060,435
10,573,642
10,573,642
10,573,642
10,573,642
10,573,642
10,573,642
0
0
1,200
1,200
1,200
1,200
1,200
1,200
1,200
1,200
3,551,432
3,551,432
4,450,000
4,450,000
4,450,000
4,450,000
4,450,000
4,450,000
4,450,000
4,450,000
2,928,773
2,928,773
3,125,000
3,125,000
3,177,000
3,177,000
3,177,000
3,177,000
3,177,000
3,177,000
TOTAL SOCIAL SERVICES (NON-PROGRAM)
SOCIAL SERVICES PROGRAMS
A6101 Medical Assistance
A6101.4
Total Medical Assistance
A6106 Adult Family Special Needs Homes
A6106.4
Total Adult Fam. Spec. Needs Homes
A6109 Aid to Dependent Children
A6109.4
Total Aid to Dependent Children
A6119 Child Care
A6119.4
Total Child Care
431
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
195,650
195,650
140,000
140,000
140,000
140,000
140,000
140,000
140,000
140,000
1,138,048
1,138,048
1,229,000
1,229,000
1,525,000
1,525,000
1,400,000
1,400,000
1,400,000
1,400,000
A6141 State Fuel Crisis Assistance
A6141.4
Total State Fuel Crisis Asst.
20,000
20,000
50,000
50,000
30,000
30,000
30,000
30,000
30,000
30,000
A6142 Emergency Aid for Adults
A6142.4
Total Emergency Aid for Adults
24,000
24,000
32,000
32,000
42,000
42,000
42,000
42,000
42,000
42,000
5,451,362
5,451,362
5,200,000
5,200,000
6,348,440
6,348,440
5,700,000
5,700,000
5,700,000
5,700,000
TOTAL SOCIAL SERVICES PROGRAMS
23,293,959
24,287,635
26,287,282
25,513,842
25,513,842
TOTAL SOCIAL SERVICES
31,930,671
32,965,870
35,555,000
34,426,927
34,426,927
OFFICE OF DEVELOPMENT
A6430 Office of Development
A6430.1
Personnel Services
A6430.2
Equipment
A6430.4
Total Office of Development
133,858
4,196
67,930
205,984
168,273
0
204,116
372,389
170,054
0
204,616
374,670
141,735
0
145,116
286,851
141,735
0
145,116
286,851
TOTAL OFFICE OF DEVELOPMENT
205,984
372,389
374,670
286,851
286,851
A6129 State Training School
A6129.4
Total State Training School
A6140 Home Relief
A6140.4
Total Home Relief
A6150 Food Stamp Cash Out
A6150.4
Total Food Stamp Cash Out
432
ACTUAL
2008
AMENDED
BUDGET
2009
DEPT. HEAD
REQUEST
2010
BUDGET OFFCR.
RECOMMEND.
2010
FINAL
BUDGET
2010
81,773
2,220
83,993
81,629
3,300
84,929
87,753
3,300
91,053
87,753
3,300
91,053
87,753
3,300
91,053
83,993
84,929
91,053
91,053
91,053
42,401
2,547
5,590
50,538
43,359
850
7,435
51,644
44,661
890
7,825
53,376
44,661
890
7,685
53,236
44,661
890
7,685
53,236
TOTAL CONSUMER AFFAIRS
50,538
51,644
53,376
53,236
53,236
OFFICE FOR THE AGING PROGRAMS
A6772 OFA - Nutrition
A6772.1
Personnel Services
A6772.2
Equipment
A6772.4
A6772.8
Employee Benefits
Total OFA - Nutrition
134,789
0
250,339
23,696
408,824
123,062
5,000
283,519
22,919
434,500
128,068
0
277,820
24,862
430,750
128,068
0
277,820
24,862
430,750
128,068
0
277,820
24,862
430,750
95,915
545
27,635
30,719
154,814
106,331
1,500
33,050
36,721
177,602
118,679
1,500
32,750
45,096
198,025
118,679
1,500
32,750
45,096
198,025
118,679
1,500
32,750
45,096
198,025
VETERANS' SERVICE
A6510 Veterans' Service
A6510.1
Personnel Services
A6510.4
Total Veterans' Service
TOTAL VETERANS' SERVICE
CONSUMER AFFAIRS
A6610 Consumer Affairs
A6610.1
Personnel Services
A6610.2
Equipment
A6610.4
Total Consumer Affairs
A6773 OFA - Supportive Services
A6773.1
Personnel Services
A6773.2
Equipment
A6773.4
A6773.8
Employee Benefits
Total OFA - Supportive Services
433
ACTUAL
2008

PROCEEDINGS OF THE BOARD OF

Transcription

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