ALLEGANY COUNTY BOARD OF LEGISLATORS
Regular Session
January 12, 2004
The regular meeting of the
Board of Legislators was called to order at 2:05 p.m. by Chairman Palmer.
Pledge of allegiance to the flag.
The invocation was given by
Legislator Reynolds.
Roll Call: All present except
Legislator Nielsen.
PRIVILEGE
OF THE FLOOR:
Chairman Palmer granted privilege of
the floor to John Padlo, Instructor for the BOCES Government Intern
Program. Twenty-one students are
participating in the program this year, representing six area schools:
Bolivar-Richburg, Cuba-Rushford, Fillmore, Pioneer, Scio, and Wellsville. One of the goals the group will be working
on is to investigate ways to increase revenues or cut expenditures in the
County budget.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS,
ETC.:
1. Placed on each legislator’s desk
were copies of Board minutes of December 8, 18, and 29, 2003 for review.
2. Placed on each legislator’s desk was
a copy of the Report of Intrafund Transfers approved by the County Administrator
during the month of December 2003.
3. Also placed on each legislator’s
desk was a copy of the Report of Tax Bill Corrections approved by the County
Administrator during the month of December 2003.
4. Correspondence was received from the
Allegany/Western Steuben Rural Health Network announcing an open house and
reception on Thursday, January 15 from 4:00 to 6:00 p.m. at Alfred University
for a hands-on demonstration of the Allegany Data Reserve Website.
APPOINTMENTS:
The
Clerk announced that Chairman Palmer has made the following appointments, all
of whom are to serve at the pleasure of the Chairman of the Board:
PUBLIC
SAFETY BUILDING PLANNING COMMITTEE:
James G. Palmer, Chairman, Board of
Legislators
Kenneth
Nielsen, Chairman, Ways and Means Committee
James Graffrath, Chairman, Public Works Committee
Brent Reynolds, Chairman, Public
Safety Committee
Daniel
Russo, Chairman, Personnel Committee
Rodney
K. Bennett, Chairman, Facilities Planning and
Management Committee
Edmund Burdick, Legislator, District
II
Patrick
Regan, Legislator, District III
Robert
Heineman, Legislator, District V
John Margeson, County Administrator
Randal
Belmont, Sheriff
Denis Reynolds, Undersheriff
Karl
Graves, Jail Sergeant
Clark Brown, President, Allegany
County Deputy Sheriff’s
Association
John
C. Tucker, Director, County Office of Emergency
Services
Paul
Gallmann, County Fire Coordinator
David Roeske, County Superintendent
of Public Works
Dr.
William Hall, Private Citizen
Dwight Fanton, Private Citizen/Town
Supervisor
Dale
Bentley, Private Citizen/Town Justice
RESOURCE, CONSERVATION AND
DEVELOPMENT BOARD:
County Representative Member:
Fred
Sinclair, Scio, NY
Legislative Member:
Susan
F. Myers, Friendship, NY
Member at Large:
Thomas
Parmenter, Fillmore, NY
ALLEGANY COUNTY CITIZENS ADVISORY
COMMITTEE ON TOURISM:
H.M.
Bateman, Wellsville, NY
Donald
Cameron, Alfred Station, NY
Craig
Braack, Almond, NY
Douglas
Roorbach, Houghton, NY
Jon
Gorton, Swain, NY
Craig
Smith, Fillmore, NY
The Clerk announced that Chairman
Palmer has made the following appointments, all of which are subject to Board
approval:
CITIZENS ADVISORY COUNCIL TO THE
OFFICE FOR THE AGING:
Keith
Folts, Fillmore, NY
Reita
Sobeck-Lynch, Wellsville, NY
Beverly
Armstrong, Wellsville, NY
David
Pullen, Houghton, NY
Mona
Pettit, Cuba, NY
FISH
AND WILDLIFE MANAGEMENT BOARD (Region 9):
Legislative Representative Member:
Edmund
C. Burdick, Black Creek, NY
Patrick
Regan, Wellsville, NY (Alternate)
Sportsmen’s Representative Member:
Derwood
Say, Cuba, NY
John Lewis,
Wellsville, NY (Alternate)
RESOLUTIONS:
RESOLUTION
CREATING TWO ADDITIONAL STANDING COMMITTEES
TO
BE KNOWN AS THE FINANCE COMMITTEE AND THE FACILITIES PLANNING AND MANAGEMENT
COMMITTEE; AMENDMENT OF COUNTY BOARD RULES
Offered
by: Legislator James G. Palmer
RESOLVED:
1. There are created two standing
committees known as the Finance Committee and the Facilities Planning and
Management Committee.
2. The
members of such committees shall be appointed in accordance with Rule 200 of
the County Board Rules.
3. The
Transportation Committee created by Resolution No. 126-2003 is abolished.
4. That
County Board Rule 190.A.8 is deleted and a new County Board Rule 190.A.8 is
added as follows:
8. Finance. (See Rule 220.H.)
5. That County Board Rule 190.A. is
amended by adding a new subdivision 190.A.10 to read as follows:
10. Facilities
Planning and Management Committee. (See Rule 220.J.)
6. That County Board Rule 220.H. is
deleted and a new County Board Rule 220.H. is added to read as follows:
H. FINANCE.
1. General
Jurisdiction:
a. General responsibility for the
planning, control and oversight of the County Budget.
b. Oversight of general County
revenues, appropriations and expenditures.
2. Specific Jurisdiction:
a. Receive and evaluate on a
monthly basis budget monitoring reports and other budget related information
from County departments and offices.
b. 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.
c. 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.
d. Supervision of County
Treasurer’s fixed assets records powers and duties. (See Res. 74-86)
e. Offer for
County Board action any of the following:
(1) a
transfer of funds between capital projects established by resolution of the
County Board.
(2) a
transfer of funds from the contingent account or from any other major
appropriation account to another major appropriation account.
(3) an
appropriation of unanticipated revenues or unappropriated cash surplus within a
particular Fund.
(4) an
appropriation of grants-in-aid received from the State and Federal governments.
(5) an
appropriation of other gifts which are required to be expended for particular
objects or purposes.
(6) an
appropriation of insurance proceeds received for the loss, theft, damage or
destruction of real or personal property, when proposed to be used or applied
to repair or replace such property. (See County Law Section 366)
3. Administrative
Unit Jurisdiction:
a. Budget Officer.
b. County Treasurer.
7. That
County Board Rule 220.I.1 is amended by deleting subdivisions I.1.a. and 1.d.
and renumbering subdivision I.1.b as a., 1.c as 1.b., 1.e. as 1.c., 1.f. as
1.d. and 1.g. as 1.e.
8. That
County Board Rule 220.I.2. is amended by deleting subdivisions a., e., h., i.,
j., k, m. and by amending subdivision l. to read as follows:
l. Supervision of County Real Property
Tax Service Agency in performance of its respective powers and duties relating
to the matters under General Jurisdiction.
9. That
County Board Rule 220.I.2. is amended by renumbering subdivision 220.I.2.b. as
2.a., 2.c. as 2.b., 2.d. as 2.c., 2.f. as 2.d., 2.g. as 2.e., 2.l. as 2.f., and
2.n. as 2.g.
10. That
County Board Rule 220.I.3. is amended by deleting subdivisions f. and g. and by
renumbering subdivision 3.h. as 3.f.
11. That
County Board Rule 220 is amended by adding a new section to be known as County
Board Rule 220.J. Facilities Planning and Management Committee, to read as
follows:
J. FACILITIES PLANNING AND
MANAGEMENT COMMITTEE
1. General Jurisdiction.
a. Capital planning.
b. Monitoring of County assets.
c. 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
no longer necessary for County purposes.
d. Landfill Asset Development (In
consultation with Public Works Committee).
2. Specific Jurisdiction.
a. Utilization planning of existing
and proposed County facilities.
b. Supervision of County
Administrator’s space allocation powers and duties. (See Res. 74-86, 50-87, 140-92).
c. Vehicle fleet management.
i. Acquisition of new County
vehicles (other than Department of Public Works heavy vehicles).
ii. Maintenance of County vehicle fleet.
d. Monitor development of State and
local Resources within the County.
3. Administrative Unit.
a. All County Departments with
respect to General and Specific Jurisdiction of the committee.
12. That
County Board Rule 220.F. is amended by deleting subdivision 2.b. and by
renumbering subdivision 2.c. as 2.b., 2.d. as 2.c., 2.e. as 2.d., 2.f. as 2.e.,
2.g. as 2.f.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Bennett 14 Ayes, 0 Noes, 1 Absent
ALLEGANY COUNTY AND PROVIDING FUNDS THEREFOR
Offered by: Public Works and Ways and Means
Committees
RESOLVED:
1. That a Capital Project for County
Flood Repair work located on County Road 48 in the Town of Angelica is
established.
2. That the County Treasurer is
authorized to transfer to an Account to be designated by her the sum of
$110,500 for said Capital Project.
Moved by: Mr. Graffrath
Adopted: Roll Call
Seconded by: Mr. Truax
14 Ayes, 0 Noes, 1 Absent
ACCEPTANCE OF MONEY FROM CHERYL AND MARK
MAXWELL,
ALMOND UNION OF CHURCHES AND THE WELLSVILLE
LIONESS CLUB AND APPROPRIATION OF SAME TO OFA – S.N.A.P. CONTRACTUAL EXPENSES
ACCOUNT
Offered
by: Human Services and Ways and Means Committees
WHEREAS,
a sum of $850 has been offered by Cheryl and Mark Maxwell, Almond Union of
Churches and the Wellsville Lioness Club to the Allegany County Office for the
Aging to be used for the Home Delivered Meals Program, now, therefore, be it
RESOLVED:
1. That
the sum of $850 is accepted from Cheryl and Mark Maxwell,
Almond Union of Churches and the Wellsville Lioness Club to be used for the Home Delivered Meals Program.
2. That the accepted sum of $850 from
Cheryl and Mark Maxwell, Almond Union of Churches and the Wellsville Lioness
Club is appropriated to Account No.
A6779.4, with a like sum credited to Revenue Account No. A09.2801.36.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble
14 Ayes, 0 Noes, 1 Absent
INCREASING APPROPRIATIONS AND REVENUES IN
OFFICE FOR AGING ACCOUNTS
Offered
by: Human Services and Ways and Means Committees
WHEREAS, the Office for the
Aging has advised that certain appropriations and revenues should be increased
due to a Federal grant-in-aid, now, therefore, be it
RESOLVED:
1. That the following Office for the Aging accounts are increased as
follows:
Revenue Account:
A11.4772.08 $2,456
Appropriation Accounts:
A6784.1 $2,200
A6784.8 256
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble
14 Ayes, 0 Noes, 1 Absent
ESTABLISHING A CAPITAL PROJECT FOR RIP RAP
PLACEMENT ON COUNTY ROADS IN ALLEGANY COUNTY AND PROVIDING FUNDS THEREFOR
Offered by: Public Works and Ways and Means
Committees
RESOLVED:
1. That a Capital Project for Rip Rap
Placement work located on Allegany County Roads 19 and 24 is established.
2. That the County Treasurer is
authorized to transfer to an Account to be designated by her the sum of $76,000
for said Capital Project.
Moved by: Mr. Graffrath
Adopted: Roll Call
Seconded by: Mr. Sherman
14 Ayes, 0 Noes, 1 Absent
FOR CONSULTANT SERVICES
Offered
by: Planning and Development and Ways and Means Committees
RESOLVED:
1. That Agreement between the County of
Allegany and Jesse Case in relation to consultant services to assist in
economic development and related activities in Allegany County for the period
January 1, 2004 through December 31, 2004, is approved.
2. That
the Chairman of this Board is authorized to execute said Agreement.
Moved by: Mrs. Myers Adopted: Roll Call
Seconded by: Mr. Reynolds
14 Ayes, 0 Noes, 1 Absent
(Memo: The fiscal impact of preceding Resolution
8-04 is $12,000.)
APPROVING AGREEMENT BETWEEN
COUNTY OF ALLEGANY, ACTING BY AND THROUGH ITS OFFICE FOR THE AGING, AND
PRESTIGE SERVICES, INC. FOR HOME-DELIVERED MEAL PROGRAM AND AUTHORIZING
EXECUTION OF AGREEMENT
Offered
by: Human Services and Ways and Means Committees
RESOLVED:
1. That Agreement dated December 9,
2003, between County of Allegany, acting by and through its Office for the
Aging, and Prestige Services, Inc., is approved.
2. That the Director of the Office for
the Aging is authorized to execute the Agreement.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble
14 Ayes, 0 Noes, 1 Absent
A motion was made by Legislator
Truax, seconded by Legislator Reynolds and carried, to grant Legislators
Burdick and Myers permission to abstain from voting on Resolution Intro. No.
10-04 (Approval of New York State Home Program State Recipient Agreement
Between the New York State Housing Trust Fund Corporation and County of
Allegany; Authorizing Chairman to Execute Agreement; Allegany County Community
Opportunities and Rural Development Corporation to Administer Agreement).
APPROVAL OF NEW YORK STATE HOME PROGRAM
STATE RECIPIENT AGREEMENT BETWEEN THE NEW YORK STATE HOUSING TRUST FUND
CORPORATION AND
COUNTY OF ALLEGANY; AUTHORIZING CHAIRMAN TO
EXECUTE AGREEMENT; ALLEGANY COUNTY COMMUNITY OPPORTUNITIES AND RURAL
DEVELOPMENT CORPORATION TO ADMINISTER AGREEMENT
Offered by: Planning and Development Committee
RESOLVED:
1. That
Agreement between the New York State Housing Trust Fund Corporation and the
County of Allegany, to continue the Home Program designed to finance home
improvements for low to moderate income home owners, is approved.
2. That
the Chairman of this Board is authorized to execute such Agreement.
3. That
the Allegany County Community Opportunities and Rural Development Corporation
shall be responsible for the administration of the Agreement as to Allegany
County's interest.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Sobeck
12 Ayes, 0 Noes, 1 Absent
Abstained: Burdick, Myers
AUDITS:
A motion was made by Legislator
Truax, seconded by Legislator Graffrath and carried, that the audits be acted
upon collectively and by totals.
A motion was made by Legislator
Crandall, seconded by Legislator Dibble 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 Reynolds, seconded by Legislator Dibble and carried.