ALLEGANY
COUNTY BOARD OF LEGISLATORS
Regular
Session
February
23, 2004
The regular meeting of the Board of
Legislators was called to order at 2:00 p.m. by Vice-Chairman Bennett.
Pledge of allegiance to the flag.
The invocation was given by Legislator
Regan.
Roll Call: All present except Legislator Palmer.
PUBLIC
HEARING:
Vice-Chairman Bennett closed the
regular meeting to hold a public hearing on Local Law Intro. No. 1-2004,
entitled “A Local Law Amending Local Law No. 1 of 1994 to Establish Longevity
Increments for Certain County Officers and Non-Unit County Employees.” There being no one desiring to offer
comment, the public hearing was declared closed and the meeting reconvened in
regular session.
APPROVAL
OF MINUTES:
The Board meeting minutes of January
5, 12, and 26, 2004 were approved on a motion made by Legislator Dibble,
seconded by Legislator Sherman and carried.
PRIVILEGE OF THE FLOOR:
Vice-Chairman Bennett granted
privilege of the floor to Jodi Bailey, from the American Red Cross, to speak on
their “Together We Prepare” campaign.
The Allegany County Chapter has devoted itself to educating individuals,
families, schools, and businesses on disaster preparedness.
Representatives were present from
the offices of the County Attorney, County Clerk, Probation, Public Works,
Cornell Cooperative Extension, Human Resources, and Sheriff, to answer any
questions regarding their 2003 Annual Reports.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. Placed on each legislator’s desk were
copies of the Annual Reports from Emergency Services, Board of Elections,
Health Department, Coroners, Community Services, Real Property Tax Service
Agency, and Fire Service, for review.
2. Also placed on each legislator’s
desk was a booklet describing the Advisory Committees and Boards to the
Allegany County Board of Legislators, compiled in the office of the Clerk of
the Board.
3. Certificates of Withdrawal of
Delinquent Tax Liens were filed on February 13, 2004 by the County Treasurer in
the Clerk of the Board’s office for property in the Towns of Andover, Angelica,
and West Almond, pursuant to Article 11 of the Real Property Tax Law of the
State of New York.
4. Correspondence was received inviting
legislators to attend the Allegany County Domestic Violence Consortium planning
meeting scheduled for March 10 at the Powell Campus Center in Alfred, New York.
5. The David A. Howe Library 2003
Annual Report was received in the Clerk of the Board’s office.
6. Correspondence was received inviting
legislators to attend the Launch of the Leadership Circle of Western New York
presented by Alfred State College President, Dr. Uma Gupta, on Tuesday, March
9, 2004, from 7:30 to 9:00 a.m.
APPOINTMENTS:
The Clerk of the Board announced
that Chairman Palmer appointed Sarah L. McCoy of Cuba, New York, as a member of
the Allegany County Citizens Advisory Committee on Tourism, to serve at his
pleasure.
The Clerk of the Board announced
that Chairman Palmer, in a joint measure with Gerard Fitzpatrick, Chairman of
the Cattaraugus County Board of Legislators, appointed Mary Ann Thomas and
Darwin L. Fanton to serve on the Cattaraugus-Allegany Workforce Investment
Board for a three-year term commencing February 6, 2004, and expiring December
31, 2006.
PROCLAMATION:
The Clerk of the Board announced
that Chairman Palmer proclaimed March 2004 as Red Cross Month in Allegany
County and urged all residents to work through the American Red Cross to help
prepare their families and communities for emergencies. He asked that citizens continue to give
their time, financial contributions, and blood donations to support this worthy
organization’s mission to prevent and relieve suffering and to save lives.
RESOLUTIONS:
ADOPTION OF LOCAL LAW INTRO. NO. 1-2004,
PRINT NO. 1,
IN RELATION TO A LOCAL LAW AMENDING LOCAL
LAW NO. 1 OF 1994
TO ESTABLISH LONGEVITY INCREMENTS FOR
CERTAIN COUNTY OFFICERS
AND NON-UNIT COUNTY EMPLOYEES
Offered
by: Personnel Committee
RESOLVED:
1. That proposed Local Law, Intro. No.
1-2004, Print No. 1, is adopted without any change in language, to wit:
COUNTY OF ALLEGANY
Intro.
No. 1-2004 Print No. 1
A LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 1994
TO ESTABLISH LONGEVITY INCREMENTS FOR
CERTAIN COUNTY OFFICERS
AND NON-UNIT COUNTY EMPLOYEES
BE IT ENACTED by the Board of Legislators of the County of
Allegany, State of New York, as follows:
Sections
1. and 2. of Local Law No. 1 of the year 1994 are deleted and a new Section 1.
is added as follows:
Section 1. Each appointed and elected county
officer, excluding a county legislator, and each non-unit county employee, who
completes on or after the first day of January, nineteen hundred ninety-five,
the years of continuous service set forth below, shall accrue on the date of
completion of such applicable years of continuous service, the noncumulative
amount set forth below that applies to the years of continuous service which
such officer or employee completes, to wit:
|
Years of Service |
Amount |
|
7 to 10 |
$600 |
|
10 to 15 |
900 |
|
15 to 20 |
1100 |
|
20 to 25 |
1300 |
|
25 or more |
1650 |
Section
2. That Section 3. is renumbered
2., Section 4. is renumbered 3. and Section 5. is renumbered 4.
Section 3. This
local law shall take effect on the first day of January, two thousand four.
Moved by: Mr. Burdick Adopted: Roll Call
Seconded by: Mr. Reynolds
14 Ayes, 0 Noes, 1 Absent
REQUESTING
GOVERNOR TO REMOVE EMPIRE ZONE AMENDMENTS FROM
PROPOSED
BUDGET; REQUESTING STATE LEGISLATURE TO
DEFEAT
SUCH PROPOSED AMENDMENTS
Offered
by: Planning and Development Committee
WHEREAS, the Friendship
Empire Zone has provided a significant economic benefit to the growth and
expansion of businesses in Allegany County, and
WHEREAS, changes in the
Empire Zone Program contained in the Governor’s 2004-2005 proposed budget will
have an adverse impact on the Friendship Empire Zone and the businesses within
the Zone, and
WHEREAS, the Governor’s
proposed budget will make it impossible to complete economic development
projects in the 16 communities of the Friendship Empire Zone, and
WHEREAS, the proposed
restrictions on zone boundaries will place rural areas at a distinct
disadvantage compared to countywide or city census tracked zones for businesses
seeking a site, now, therefore, be it
RESOLVED:
1. That this Board requests the
Governor to remove the proposed amendments to the Empire Zone Program from his
2004-2005 proposed budget and, in the event such changes are not removed, urges
the New York State Legislature to defeat such proposed amendments.
2. That
the Clerk of this Board is directed to send a certified copy of this resolution
to Governor George Pataki, Members of the Assembly, Catharine M. Young and
Daniel J. Burling, State Senator Patricia McGee and the Governor’s local
representative William Heaney.
Moved by: Mrs. Myers Adopted: Voice Vote
Seconded by: Mr. Reynolds
RESOLUTION
NO. 49-04
RESOLUTION
AMENDING SUPERINTENDENT OF PUBLIC WORKS'
RULES AND
REGULATIONS FOR THE MAINTENANCE AND OPERATION OF
ALLEGANY
COUNTY'S SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY
Offered
by: Public Works Committee
RESOLVED:
1. Section 5(a)(8) of the
Superintendent of Public Works’ Rules and Regulations for the Maintenance and
Operation of Allegany County’s Solid Waste Management and Resource Recovery, as
last amended by Resolution No. 276-03, is amended to read as follows:
(8)(i)(a) The following
construction and demolition debris is acceptable at all solid waste transfer
stations:
A.
Up
to three (3) cubic yards per hauler per day or an amount equal to one full-size
pickup truck load leveled to the side rails of the truck (excluding trucks with
dump boxes) or up to six (6) fifty-five (55) gallon drums which shall contain
no liquid.
B.
Material
not longer than three (3) feet in length.
C.
All
recyclable scrap metal.
(b) The following
construction and demolition debris is not acceptable at solid waste transfer
stations:
A.
Roofing
or siding shingles.
B.
Bricks,
concrete blocks, rocks, concrete, asphalt or soil.
(ii)(a) The following construction
and demolition debris is acceptable at the Allegany County Landfill:
A.
Up
to one ton per hauler per day. All
loads must be weighed on the Landfill scales.
(b) The following
construction and demolition debris is not acceptable at the Allegany County
Landfill:
A.
Amounts
greater than one ton per hauler per day.
B.
Bricks, concrete blocks, rocks, concrete, asphalt or soil.
Moved by: Mr. Graffrath
Adopted: Roll Call
Seconded by: Mr. Sherman
14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 50-04
APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT OF
LEGISLATIVE REPRESENTATIVE MEMBERS AND THE
REAPPOINTMENT OF SPORTSMEN’S REPRESENTATIVE MEMBERS TO
REGION NINE FISH AND WILDLIFE MANAGEMENT
BOARD
Offered by: Resource Management Committee
Pursuant to Environmental Conservation Law §
11-0501
RESOLVED:
1. That the appointment, by the
Chairman of this Board, of Edmund C. Burdick, to the Region Nine Fish and
Wildlife Management Board, as a Legislative Representative Member, and Patrick
Regan, as an Alternate Legislative Representative Member, each with term of
office commencing January 1, 2004 and expiring December 31, 2005, are approved.
2. That
the reappointment, by the Chairman of this Board, of Derwood Say, to the Region
Nine Fish and Wildlife Management Board, as a Sportsmen’s Representative
Member, and John Lewis, as an Alternate Sportsmen’s Representative Member, each
with term of office commencing January 1, 2004 and expiring December 31, 2005,
are approved.
Moved by: Mr. Sherman Adopted: Voice Vote
Seconded by: Mr. Reynolds
Offered
by: Resource Management Committee
Pursuant
to Soil and Water Conservation District Law §§ 6 and 7
RESOLVED:
1. That Rodney K. Bennett is
reappointed as County Board of Legislator Member, and Edgar Sherman is
appointed as County Board of Legislator Member, to the Allegany County Soil and
Water Conservation District Board, each with term of office commencing January
1, 2004 and expiring December 31, 2004.
2. That
Mark Bainbridge is reappointed to the Allegany County Soil and Water
Conservation District Board, as County Farm Bureau Appointee, with term of
office commencing January 1, 2004 and expiring December 31, 2006.
Moved by: Mr. Sherman Adopted: Voice Vote
Seconded by: Mr. Graffrath
AUTHORIZING SALE AND CONVEYANCE OF COUNTY'S INTEREST IN
REAL PROPERTY IN TOWN OF FRIENDSHIP TO FRIENDSHIP DAIRIES,
INC.; AUTHORIZING CHAIRMAN TO EXECUTE DEED
Offered
by: Public Works and Ways and Means Committees
WHEREAS,
the County is the owner of certain real property located in the Town of
Friendship, and
WHEREAS,
such property is not being occupied or used by the County and there is no
planned use of it by the County, and
WHEREAS,
Friendship Dairies, Inc. of Friendship, New York has offered to purchase such
property for $367.50, now, therefore, be it
RESOLVED:
1. That
this Board authorizes the sale to Friendship Dairies of Friendship, 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, bounded and described as follows:
Beginning
at the intersection of the south right-of-way bounds of the existing County
Route #20 and the south right-of-way bounds of the previous County Route #20 as
labeled point of beginning (POB) on a sketch attached hereto; thence easterly
along said southern bounds of the previous County Route #20 right-of-way a
distance of 820.56’ + to a point; thence northerly 66.00’ + to a
point; thence westerly along the northern bounds of said right-of-way a
distance of 477.89’ + to a point; thence northerly a distance of 24.74’ + to a point on the south bounds of existing
County Route #20 right-of-way; thence south-westerly along the southern bounds
of County Route #20 right-of-way a distance of 350.48’ + to the point of
beginning; containing 1.05 acres of land, more or less.
EXCEPTING and RESERVING to
grantor, its 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, its 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.
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 $367.50 by purchaser.
3. That
the costs of any taxes, transaction fees and attorney fees in the amount of
$75.00 are to be borne by the purchaser.
Moved by: Mr. Graffrath
Adopted: Roll Call
Seconded by: Mr. Nielsen 14 Ayes, 0 Noes, 1 Absent
AUTHORIZING SALE AND CONVEYANCE OF COUNTY'S INTEREST IN
REAL PROPERTY IN TOWN OF ALMOND TO GARY GEORGE;
AUTHORIZING CHAIRMAN TO EXECUTE DEED
Offered
by: Public Works and Ways and Means Committees
WHEREAS,
the County is the owner of certain real property located in the Town of Almond,
and
WHEREAS,
such property is not being occupied or used by the County and there is no
planned use of it by the County, and
WHEREAS,
Gary George has offered to exchange an adjacent parcel of property in the Town
of Almond for the property authorized to be conveyed herein,
WHEREAS,
the two parcels of property are of equal value, and this Board believes
it is in the best interest of the County to convey such property to Gary George
in exchange for another parcel of property in the Town of Almond, now,
therefore, be it
RESOLVED:
1. That
this Board authorizes the sale to Gary George of Almond, New York the following
described premises in the Town of Almond, 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 Almond, County of Allegany, State of New York,
consisting of a 66 foot (maximum width) wide by six hundred and fifteen-foot +
long parcel, bounded and described as follows:
Starting at a point at the
intersection of the North right-of-way (ROW) bounds of County Route 2, with the
West ROW bounds of County Route 2A, said point being 33 feet + measured
in a Northwesterly direction from the centerline of County Route 2, and 33 feet
+ measured in a Southwesterly direction from the centerline of County
Route 2A, said point being a property corner of property owned by Gary George,
in the Town of Almond, by deed recorded in the Allegany County Clerk’s Office
in Liber 1131 of Deeds at Page 181; thence in a Southwesterly direction along
the North ROW bounds of County Route 2, a distance of 33.15 feet + to
the point of beginning (POB); thence in a Northwesterly direction along a curve
to the left, a distance of 619.11 feet + to a point, said point being
the intersection of the existing West ROW bounds of County Route 2A and the
proposed West ROW bounds of County Route 2A, and 33 feet + measured in a
Southwesterly direction from and perpendicular to the centerline of County
Route 2A, thence in a Southeasterly direction, along the proposed West ROW
bounds 33 feet offset from proposed centerline of County Route 2A, along a
curve to the right, a distance of 615.26 feet + to a point on the North
ROW bounds of County Route 2; thence in a Northeasterly direction along the
North ROW bounds of County Route 2, along a curve to the right, a distance of
66.00 feet + to the point of beginning; containing 0.6 acres of land,
more or less.
EXCEPTING and RESERVING to
grantor, its 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, its 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.
2. That
the Chairman of this Board is authorized to execute and deliver a quit claim
deed for said premises.
Moved by: Mr. Graffrath
Adopted: Roll Call
Seconded by: Mr. Heineman
14 Ayes, 0 Noes, 1 Absent
INCREASE IN APPROPRIATION AND REVENUE
ACCOUNTS ESTABLISHED FOR THE CHIPS PROGRAM
Offered
by: Public Works and Finance Committees
RESOLVED:
1. That Appropriation Account No.
D5112.223 is increased by $43,360 and Revenue Account No. D10.3501.00 is
increased by $43,360 to allocate the SFY 03-04 County Highway Improvement
Program (CHIPS) funds remaining from 2003.
Moved by: Mr. Graffrath
Adopted: Roll Call
Seconded by: Mr. Crandall
14 Ayes, 0 Noes, 1 Absent
REAPPROPRIATION
OF NON-BUDGETED STATE GRANT-IN-AID FUNDS FROM
NEW
YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR
YOUTH
COURT PROGRAM
Offered
by: Resource Management Committee
RESOLVED:
1. That the sum of $26,500 in
non-budgeted State grant-in-aid is reappropriated as follows:
Appropriation
Account No. Amount
A7321.1 $21,147
A7321.4 233
A7321.8 5,120
Revenue
Account No. Amount
A08.2705.3825 $ 8,833
A10.3825.7321 17,667
Moved by: Mr. Sherman Adopted: Roll Call
Seconded by: Mrs. Myers
14 Ayes, 0 Noes, 1 Absent
(Memo:
Resolution No. 55-04 reappropriates the remaining funds for the BRYNE grant
fiscal year 07/03-06/04. The grant was
accepted per Resolution No. 210-03 and by acceptance of this funding, the
County is obligated for the local share portion of $8,833, which will be
generated by gifts and donations, no tax dollars.)
MERCY FLIGHT, INC.
FOR 2004
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
2004, is approved.
2. That
the Chairman of this Board is authorized to execute such contract.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Sobeck
14 Ayes, 0 Noes, 1 Absent
(Memo: The cost for services to be performed by Mercy
Flight, Inc. as provided for in the Contract approved in Resolution No. 56-04,
is $10,000)
APPROVAL OF CLAIMS SERVICE CONTRACT BETWEEN
ALTERNATIVE SERVICE CONCEPTS, LLC AND
ALLEGANY COUNTY
Offered
by: Personnel Committee
RESOLVED:
1. That the Claims Service Contract
between the County and Alternative Service Concepts, LLC, is approved.
2. That
the Chairman of this Board is authorized to execute said Contract.
Moved by: Mr. Russo Adopted: Roll Call
Seconded by: Mr. Dibble
14 Ayes, 0 Noes, 1 Absent
(Memo: The Contract approved in Resolution No. 57-04
provides claims administration services for the period February 1, 2004 through
February 1, 2005 and is required under the terms of the County’s self-insured
retention package. Services relate to
claims arising out of coverages under insurance policies issued by NYMIR
through Richardson & Stout Insurance Company. The cost for the contract period is $12,355 ($475 higher than
last year’s $11,880). Any claim
remaining open after 24 months will be subject to an annual maintenance fee of
$400.)
RESOLUTION
NO. 58-04
APPROVAL
OF ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT AGREEMENT IN RELATION
TO COUNTY REFORESTED LANDS, COUNTY PARKS
AND
RECREATION AREAS
Offered
by: Resource Management Committee
RESOLVED:
1. That Agreement between County of
Allegany and Allegany County Soil and Water Conservation District in relation
to County reforested lands, County parks and recreation areas, is approved.
2. That
the Chairman of this Board of Legislators is authorized to execute the
Agreement.
3. That
the County Treasurer, upon receipt of a true executed copy of the Agreement, is
authorized and directed to remit to the District the sum of $10,000 and charge
Account No. A8710.494 therefor.
Moved by: Mr. Sherman Adopted: Roll Call
Seconded by: Mrs. Myers
14 Ayes, 0 Noes, 1 Absent
Resolution Intro. No. 59-04 (A
Resolution in Opposition to Governor George Pataki’s Executive Budget Proposal
Targeting Gun Owners) was not pre-filed and was considered from the floor on a
motion made by Legislator Reynolds, seconded by Legislator Truax and carried.
Resolution Intro. No. 59-04 (A
Resolution in Opposition to Governor George Pataki’s Executive Budget Proposal
Targeting Gun Owners) was amended on a motion by Legislator Regan, seconded by
Legislator Burdick and carried, by adding the word “legally” in the last
Whereas after the words “too expensive to.”
EXECUTIVE
BUDGET PROPOSAL TARGETING GUN OWNERS
Offered
by: Legislators Bennett, Crandall, Nielsen, Burdick, Myers, Truax, Dibble,
Regan, Sherman, Graffrath, Russo, Sobeck, Heineman, Palmer and Reynolds
WHEREAS, in an attempt to
generate revenue and close the state’s enormous budget cap, Governor George
Pataki has included in his Executive Budget a proposal that targets, and seeks
to profit from, law-abiding gun owners, and
WHEREAS, the provision in
budget bills S.6056/A.9556 will require handgun licensees to pay a $100
certification fee to the state and institute a five-year expiration period for
licenses (currently most jurisdictions issue lifetime licenses), and charge a
fee of $25 for each handgun owned, and
WHEREAS, this proposal would
remove the caps on local processing fees, which means fees can be expected to
climb, and
WHEREAS,
removing the caps on local processing fees could price gun owners,
sportsmen, and collectors out of the market in many jurisdictions, and
WHEREAS, instead of directly
banning handguns, this proposal would simply make it too expensive to legally
own handguns, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of
Legislators goes on record as opposing this proposal in Executive Budget
S.6056/A.9556.
2. That the Clerk of this Board is
directed to transmit a certified copy of this Resolution to Governor George
Pataki, Joseph Bruno, Speaker Pro Tem and Majority Leader of the New York State
Senate, Sheldon Silver, Speaker of the New York State Assembly, Senator
Patricia McGee, Assembly Members Catharine Young, and Daniel Burling, and all
others deemed necessary and proper.
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. Dibble
AUDITS:
A motion was made by Legislator
Truax, seconded by Legislator Sherman and carried, that the audits be acted
upon collectively and by totals.
A motion was made by Legislator
Nielsen, seconded by Legislator Truax and adopted on a roll call vote of 14
Ayes, 0 Noes, 1 Absent, that the audit of claims be approved for payment as
recommended by the County Administrator.
The meeting was adjourned on a
motion made by Legislator Nielsen, seconded by Legislator Truax and carried.