ALLEGANY COUNTY BOARD OF LEGISLATORS

Regular Session

 

December 13, 2004


 

     The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer.

 

     Pledge of allegiance to the flag.

 

     The invocation was given by Legislator Regan.

 

     Roll Call:  All present except Legislator Heineman.

 

PUBLIC HEARINGS:

 

     Chairman Palmer closed the regular meeting to hold a public hearing on Local Law Intro. No. 8-2004, entitled “A Local Law Amending Local Law No. 1 of 1999 with Respect to the Number, Selection and Terms of Office of Members of the Allegany County Planning Board and the Powers and Duties of Such Planning Board.”  There being no one desiring to speak, the public hearing was closed.

 

     Chairman Palmer opening a public hearing on Local Law Intro. No. 9-2004, entitled “A Local Law Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over.”  There being no one desiring to speak, the public hearing was declared closed, and the Board reconvened in regular session.

 

PRIVILEGE OF THE FLOOR:

 

     Chairman Palmer granted privilege of the floor to Deborah Aumick, STOP DWI Coordinator, who announced the holiday kick-off in recognition of National Drunk and Drugged Driving Awareness Month.  Ms. Aumick invited the County legislators and employees for Old English Wassail and Christmas cookies prepared by the BOCES Culinary Arts students.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

     1.   Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of November 2004.

 

2.   Also placed on each legislator’s desk were copies of the Board meeting minutes of November 8 and 22, 2004 and Budget Hearing notes of November 10, 2004 for review.

 

     3.   Financial Statements for the Year Ended December 31, 2003 were filed by the County Treasurer in the Clerk of the Board’s Office on December 1, 2004.

 

     4.   Pursuant to Allegany County Local Law No. 3 of 2004, John J. Mancuso, Public Works Deputy Superintendent I, filed a copy of the Notice of Proposed Allegany County Solid Waste Management Rules and Regulations and a copy of the Proposed Allegany County Solid Waste Management Rules and Regulations in the Clerk of the Board’s Office on December 2, 2004.

 

     5.   As required by Section 11 of Local Law No. 3 of 2004, Daniel J. Guiney, County Attorney, filed with the Clerk of the Board an affidavit of John J. Mancuso, sworn to December 2, 2004, attesting to the fact that he posted the Notice of Proposed Rules and Regulations and a copy of the Proposed Rules and Regulations on the official County bulletin board, that he delivered and deposited copies of the Notice and the Proposed Rules and Regulations in the mailboxes of the Chairman of the Board and the Chairman and members of the Public Works Committee, and that he filed a copy of the Notice and the Proposed Rules and Regulations in the Clerk of the Board’s Office.

 

RESOLUTIONS:

 

     Resolution Intro. No. 258-04 (Abolishing One Position of Accountant and Creating One Position of Department of Public Works Fiscal Officer in the Department of Public Works) was referred back to the Board by the Personnel Committee.  The Board had referred this resolution to the Personnel Committee for further consideration on November 22.

 

     Resolution Intro. No. 258-04 (Abolishing One Position of Accountant and Creating One Position of Department of Public Works Fiscal Officer in the Department of Public Works) was amended on a motion made by Legislator Russo, seconded by Legislator Bennett and carried, by changing the title of the position from “Fiscal Officer” to “Fiscal Manager” in the title of the resolution and in paragraphs 1. and 2., changing “Grade 9” to “Grade 8” in paragraph 2., and changing the effective date to “December 14, 2004” in paragraph 3.

 

RESOLUTION NO. 244-04

 

ABOLISHING ONE POSITION OF ACCOUNTANT AND

CREATING ONE POSITION OF DEPARTMENT OF PUBLIC WORKS

FISCAL MANAGER IN THE DEPARTMENT OF PUBLIC WORKS

 

Offered by:  Personnel Committee

 

     WHEREAS, a New Position Duties Statement has been submitted to the Personnel Officer, who has approved the title in accordance with Section 22 of the Civil Service Law, now, therefore, be it

 

     RESOLVED:

 

     1.   That one position of Accountant is abolished in the Department of Public Works and one position of Department of Public Works Fiscal Manager is created in the Department of Public Works.

 

     2.   The title Department of Public Works Fiscal Manager is placed in Grade 8 of the Non-Unit Salary Plan and the County Non-Unit Salary Plan is amended to include such title.

 

     3.   This resolution shall take effect December 14, 2004.

 

Moved by:  Mr. Russo                      Adopted:  Roll Call

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

 

(Memo: Regarding the fiscal impact of Resolution No. 244-04, the difference in annual salaries of the positions is $3,912.)

 

     Resolution Intro. No. 259-04 (Abolishing One Position of Account Clerk Typist and Creating One Position of Secretary to the Superintendent of Public Works in the Department of Public Works) was referred back to the Board by the Personnel Committee.  The Board had referred this resolution to the Personnel Committee for further consideration on November 22.

 

     Resolution Intro. No. 259-04 (Abolishing One Position of Account Clerk Typist and Creating One Position of Secretary to the Superintendent of Public Works in the Department of Public Works) was amended on a motion made by Legislator Russo, seconded by Legislator Graffrath and carried, by changing the effective date to “December 14, 2004” in paragraph 3.

 

RESOLUTION NO. 245-04

 

ABOLISHING ONE POSITION OF ACCOUNT CLERK TYPIST AND

CREATING ONE POSITION OF SECRETARY TO THE SUPERINTENDENT OF

PUBLIC WORKS IN THE DEPARTMENT OF PUBLIC WORKS

 

Offered by:  Personnel Committee

 

     WHEREAS, a New Position Duties Statement has been submitted to the Personnel Officer, who has approved the title in accordance with Section 22 of the Civil Service Law, now, therefore, be it

 

     RESOLVED:

 

     1.   That one position of Account Clerk Typist is abolished in the Department of Public Works and one position of Secretary to the Superintendent of Public Works is created in the Department of Public Works.

 

     2.   The title of Secretary to the Superintendent of Public Works is placed in Grade 2 of the Non-Unit Salary Plan and the County Non-Unit Salary Plan is amended to include such title.

 

     3.   This resolution shall take effect December 14, 2004.

 

Moved by:  Mr. Russo                      Adopted:  Roll Call

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

 

(Memo: Regarding the fiscal impact of Resolution No. 245-04, the difference in annual salaries of the positions is $1,000.)

 

RESOLUTION NO. 246-04

 

ADOPTION OF LOCAL LAW INTRO. NO. 8-2004, PRINT NO. 1,

AMENDING LOCAL LAW NO. 1 OF 1999 WITH RESPECT TO THE

NUMBER, SELECTION AND TERMS OF OFFICE OF MEMBERS OF THE

ALLEGANY COUNTY PLANNING BOARD AND THE

POWERS AND DUTIES OF SUCH PLANNING BOARD

 

Offered by:  Planning and Development Committee

 

     RESOLVED:

 

     1.   That proposed Local Law, Intro. No. 8-2004, Print No. 1, is adopted without any change in language, to wit:

 

COUNTY OF ALLEGANY

Intro. No. 8-2004                                      Print No. 1

 

A LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 1999 WITH RESPECT TO THE NUMBER, SELECTION AND TERMS OF OFFICE OF MEMBERS OF THE

ALLEGANY COUNTY PLANNING BOARD AND THE

POWERS AND DUTIES OF SUCH PLANNING BOARD

 

     BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows:

 

1.   Section 3. of Local Law No. 1 of 1999 is amended to read as follows:

 

Section 3.    Membership.  The Allegany County Planning Board shall consist of eleven (11) regular members.  There shall be two (2) regular members from each legislative district of Allegany County and one (1) regular member selected from the County at-large, all to be appointed by the Chairperson of the Allegany County Board of Legislators with the approval of the Board of Legislators.  In the event no candidate for membership on the Planning Board can be found from a particular legislative district, the seat of such legislative district shall not remain vacant but shall be filled by a candidate selected from the County at-large.  Ex-officio members may be appointed to the Planning Board in such numbers and for such terms as may be from time to time determined by the Chairperson of the Board of Legislators with the consent of such Board of Legislators. It is the intent of this local law that membership on the Allegany County Planning Board shall be consistent with the considerations for selection of members set forth in Section 239-c(2)(b) of the General Municipal Law.

 


     2.   Section 5. of Local Law No. 1 of 1999 is amended to read as follows:

 

     Section 5.    Term.  The members of the Allegany County Planning Board shall serve a term of three years except that the members initially appointed pursuant to this local law shall be appointed as follows:  three (3) members shall be appointed for a term of one year, four (4) members shall be appointed for a term of two years, and four (4) members shall be appointed for a term of three years.

 

     3.   Section 6. of Local Law No. 1 of 1999 is amended to read as follows:

 

     Section 6.    Powers & Duties.  The Allegany County Planning Board shall have and possess all of the powers and duties provided by statutes now in effect or hereinafter enacted or amended together with such powers and duties as may be authorized by resolution adopted by the Allegany County Board of Legislators, which are consistent with existing State and Federal Laws.  The Allegany County Planning Board is authorized to conduct reviews of certain classes of planning and zoning actions by a city, town or village within Allegany County pursuant to sections two hundred thirty-nine-l and two hundred thirty-nine-m of New York State General Municipal Law, and to review certain subdivision plats pursuant to section two hundred thirty-nine-n of the General Municipal Law.

 

     4.   Effective Date.  This local law shall take effect immediately.

 

Moved by:  Mrs. Myers                     Adopted:  Roll Call

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

 

(Memo: Following adoption of Resolution No. 246-04, Local Law Intro. No. 8-2004 is numbered Local Law No. 5-2004.)

 

RESOLUTION NO. 247-04

 

ADOPTION OF LOCAL LAW INTRO. NO. 9-2004, PRINT NO. 1,

AMENDING LOCAL LAW NO. 4 OF 1987, AS AMENDED,

TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY

OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME

WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER

 

Offered by:  Ways and Means Committee

 

     RESOLVED:

 

     1.   That proposed Local Law, Intro. No. 9-2004, Print No. 1, is adopted without any change in language, to wit:

 


COUNTY OF ALLEGANY

Intro.  No. 9-2004                                     Print No. 1

 

A LOCAL LAW AMENDING LOCAL LAW NO. 4 OF 1987, AS AMENDED,

TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY

OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME

WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER

 

     BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows:

 

     Section 1.    The purpose of this local law is to amend Section 2. of Local Law No. 4 of 1987 to increase the annual income limits at which certain persons over sixty-five years of age can receive a partial exemption to the assessed valuation of real property owned by such persons.

 

     Section 2.    That Section 2. of Local Law No. 4 of 1987 is amended to read as follows:

 

                                  PERCENTAGE ASSESSED VALUATION

     ANNUAL INCOME                         EXEMPT FROM TAXATION

 

     $12,000 or less                            50 per centum

 

     More than $12,000 but less than $13,000         45 per centum

 

     $13,000 or more but less than $14,000      40 per centum

 

     $14,000 or more but less than $15,000      35 per centum

 

     $15,000 or more but less than $15,900      30 per centum

 

     $15,900 or more but less than $16,800      25 per centum

 

     $16,800 or more but less than $17,700      20 per centum

 

     $17,700 or more but less than $18,600      15 per centum

 

     $18,600 or more but less than $19,500      10 per centum

 

     $19,500 or more but less than $20,400      5 per centum

 

     Section 3.    This local law shall take effect immediately.

 

Moved by:  Mr. Nielsen                    Adopted:  Roll Call

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

 

(Memo: Following adoption of Resolution No. 247-04, Local Law Intro. No. 9-2004 is numbered Local Law No. 6-2004.  Also note that Local Law No. 4 of 1987 was recently amended by Local Law No. 2 of 2004 adopted per Resolution No. 186-04 on September 27, 2004 to change income levels for senior citizen partial property tax exemptions.  This new Local Law No. 6-2004 changes the income scale increments to conform to the computer programs created to comply with the Real Property Tax Law, thereby eliminating some technical difficulties encountered with the income scale included in the first amendment.)

 

RESOLUTION NO. 248-04

 

RESOLUTION LEVYING COUNTY TAXES

 

Offered by:  Finance Committee

 

Pursuant to County Law § 360 and Real Property Tax Law § 900

 

WHEREAS, this Board, by Resolution No. 232-2004, has adopted a final budget for the fiscal year 2005, and

 

WHEREAS, this Board, by Resolution No. 233-2004, made appropriations for the conduct of the County Government for the fiscal year 2005, and

 

WHEREAS, in order to meet such appropriations it will be necessary to levy taxes, now, therefore, be it

 

RESOLVED:

 

1.   That the Allegany County Board of Legislators levies County taxes in the amount of $19,961,088 upon all the taxable real property in the County liable therefor.

 

Moved by:  Mr. Crandall                   Adopted:  Roll Call

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

 

RESOLUTION NO. 249-04

 

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

 

Offered by:  Finance Committee

 

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 of each parcel of real property in such rolls are determined to be the taxes thereon.

 

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.

 

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, 2004.

 

Moved by:  Mr. Crandall                   Adopted:  Roll Call

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

 

RESOLUTION NO. 250-04

 

LEVYING TAXES AND ASSESSMENTS REQUIRED FOR PURPOSES OF

ANNUAL BUDGETS OF THE TOWNS OF ALLEGANY COUNTY

 

Offered by:  Finance Committee

 

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, 2005, 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:

 

    General Fund   Highway Fund

 

Alfred

15,846.00

100,871.00

Almond

9,331.00

136,079.00

Amity

5,625.00

92,000.00

Andover

15,200.00

122,066.00

Angelica

0.00

39,718.00

Bolivar

17,470.00

179,900.00

Burns

0.00

52,920.00

Cuba

 0.00

105,779.00

Wellsville

117,222.00

215,584.00

Wirt

245.00

2,000.00

    

     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:

 

    General Fund   Highway Fund

    

Alfred

125,909.00

104,239.00

Allen

66,207.00

86,191.00

Alma

166,565.00

293,361.00

Almond

130,536.00

183,106.00

Amity

124,989.00

122,800.00

Andover

140,365.00

106,483.00

Angelica

69,131.00

63,681.00

Belfast

176,962.00

256,996.00

Birdsall

75,742.00

69,610.00

Bolivar

114,992.00

142,400.00

Burns

136,395.00

82,160.00

Caneadea

147,189.00

401,749.00

Centerville

92,620.00

179,000.00

Clarksville

123,815.00

257,440.00

Cuba

483,862.00

234,151.00

Friendship

311,136.00

217,140.00

Genesee

94,346.00

320,887.00

Granger

84,424.00

119,919.00

Grove

90,370.00

197,670.00

Hume

180,000.00

388,500.00

Independence

152,100.00

277,229.00

New Hudson

96,910.00

163,221.00

Rushford

259,555.00

333,320.00

Scio

163,697.00

276,986.00

Ward

89,923.00

129,232.00

Wellsville

508,363.00

320,345.00

West Almond

83,840.00

38,925.00

Willing

164,420.00

187,976.00

Wirt

136,929.00

167,872.00

                                     

     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   

Fire Protection

30,000.00

 

Hydrant

352.00

Allen

Fire Protection

10,785.00

Alma

Fire Protection

43,000.00

 

Light

1,200.00

Almond

Fire Protection

25,000.00

Amity

Fire Protection

44,000.00

Andover

Fire Protection

26,500.00

Angelica

Fire Protection

9,320.00

Belfast

Fire Protection

40,735.00

 

Light

6,000.00

 

Water

34,000.00

Birdsall

Fire Protection

14,235.00

Bolivar

Richburg-Wirt Fire District

3,970.36

 

Bolivar Joint Fire District

79,416.16

Burns

Fire Protection

14,000.00

Caneadea

Fire Protection

94,250.00

 

Houghton Sewer

25,219.00

 

Houghton Water

192,419.00

 

Houghton Light

14,000.00

 

Caneadea Light

2,500.00

 

Oramel Light

650.00

 

Lake

21,961.00

Centerville

Fire Protection

16,950.00

Clarksville

Fire Protection

52,000.00

Cuba

Fire Protection

39,706.00

 

Water District 4

1,479.00

 

Lake

47,480.00

Friendship

Fire District #502

35,356.00

 

Fire Protection District #501

37,070.00

 

Sidewalk

33,788.00

 

Light

16,965.00

 

Refuse

39,976.00

Genesee

Fire Protection 1 (Bolivar)

27,884.00

 

Fire Protection 2 (Portville)

26,462.00

Granger

Fire Protection

15,000.00

Grove

Canaseraga Fire District 1

14,000.00

 

Nunda Fire District 2

2,000.00

 

Dalton Lighting District

2,500.00

Hume

Fire Protection

56,525.00

 

Light District 1 (Hume)

3,375.00

 

Light District 2 (R & W)

3,800.00

 

Light District 3

8,400.00

 

Sidewalk

16,000.00

Independence

Fire Protection

42,000.00

 

Light

5,000.00

New Hudson

Fire Protection

34,000.00

 

Light

5,000.00

Rushford

Fire Protection

79,000.00

 

Lake

103,039.00

 

Light

6,300.00

Scio

Fire Protection 1

23,700.00

 

Fire Protection 2

47,400.00

 

Light

7,900.00

 

Water District 1

23,126.00

 

Water District 3

13,600.00

Ward

Fire Protection

7,800.00

Wellsville

Fire Protection

93,035.00

 

Hillcrest Light

275.00

 

Sinclair Sewer

2,500.00

 

Bolivar Rd. Sewer

1,650.00

 

George St. Water

2,387.00

 

Sinclair Water

600.00

 

Riverside Water

600.00

 

Bolivar Rd. Water

1,967.00

 

West Wellsville Water

23,000.00

West Almond

Fire Protection

5,775.00

Willing

Fire Protection

63,524.00

Wirt

Fire Protection

75,054.00

             

     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.

 

Moved by:  Mr. Crandall                   Adopted:  Roll Call

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

 

RESOLUTION NO. 251-04

 

CHARGEBACK TO TOWNS OF COST OF VARIOUS TAX SUPPLIES

PURCHASED OR PROVIDED FOR BY COUNTY

 

Offered by:  Ways and Means Committee

 

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 2004 tax rolls, as follows:

 

Alfred        1,489.20      Friendship    1,538.40

Allen            662.40      Genesee       1,434.00

Alma          1,226.40      Granger          700.80

Almond        1,351.20      Grove            802.80

Amity         1,701.60      Hume          1,446.00

Andover       1,594.80      Independence     964.80

Angelica      1,290.00      New Hudson      901.20

Belfast       1,394.40      Rushford      2,017.20
Birdsall        676.80      Scio          1,460.40
Bolivar       1,912.80      Ward             522.00

Burns           951.60      Wellsville    4,489.20

Caneadea      1,658.40      West Almond     604.80

Centerville     734.40      Willing       1,302.00

Clarksville   1,292.40      Wirt          1,165.20

     Cuba          2,679.60

 

Moved by:  Mr. Nielsen                    Adopted:  Roll Call

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

 

RESOLUTION NO. 252-04

 

ABOLISHING ONE POSITION OF SOCIAL WELFARE EXAMINER IN THE

DEPARTMENT OF SOCIAL SERVICES

 

Offered by:  Human Services and Ways and Means Committees

 

RESOLVED:

 

1.   That one position of Social Welfare Examiner is abolished in the Department of Social Services.

 

2.   This resolution shall take effect December 14, 2004.

 

Moved by:  Mr. Truax                      Adopted:  Roll Call

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

 

RESOLUTION NO. 253-04

 

TRANSFER OF FUNDS WITHIN OFFICE FOR AGING ACCOUNTS

 

Offered by:  Human Services and Finance Committees

 

     RESOLVED:

 

     1.   That the sum of $1,400 is transferred from Account No. A6777.1 (HEAP – Regular Pay) to Account No. A6773.201 (OFA-Supportive Services – Equipment).

 

Moved by:  Mr. Truax                      Adopted:  Roll Call

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

 

(Memo: Regarding Resolution No. 253-04, the approved transfer will enable the Office for the Aging to purchase software required by the State and Federal governments.)

 

RESOLUTION NO. 254-04

 

TRANSFER OF FUNDS FROM E-911 RESERVE ACCOUNT TO

FIRE E-911 EQUIPMENT ACCOUNT

 

Offered by:  Public Safety and Finance Committees

 

     RESOLVED:

 

     1.   That the sum of $1,617 is transferred from Reserve Account No. A889.0005 to Account No. A3510.203 to pay for the purchase of four new flat screen monitors.

 

Moved by:  Mr. Reynolds                   Adopted:  Roll Call

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

                                             Voting No: Myers

 

RESOLUTION NO. 255-04

 

APPROVAL OF AGREEMENTS FOR APPROVED PROVIDERS OF PROGRAMS,

SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES

 

Offered by:  Human Services Committee

 

     RESOLVED:

 

     1.   That each Agreement titled “County of Allegany Contract Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with KidStart, A Division of Livingston-Wyoming ARC, Cattaraugus-Allegany Board of Cooperative Educational Services, and Pathways, Inc., for the period September 1, 2004 to August 31, 2005, is approved.

 

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

 

Moved by:  Mr. Truax                      Adopted:  Roll Call

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

 

RESOLUTION NO. 256-04

 

APPROVAL OF AMENDMENT AGREEMENT WITH

MEDICAL TRANSPORTATION MANAGEMENT, INC. (MTM), IN RELATION TO PROVIDING NON-EMERGENCY MEDICAL TRANSPORTATION SERVICES IN

ALLEGANY COUNTY; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT

 

Offered by:  Human Services Committee

 

Pursuant to County Law § 224 (6)

 

     RESOLVED:

 

     1.   That Amendment Agreement between the County of Allegany and Medical Transportation Management, Inc., in relation to providing non-emergency medical transportation services in Allegany County, is approved.

 

     2.   That the Chairman of this Board is authorized to execute said Agreement upon the review and approval of the Agreement by the County Attorney.

 

Moved by:  Mr. Truax                      Adopted:  Roll Call

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

 

(Memo: Regarding Resolution No. 256-04, the original agreement with Medical Transportation Management was approved by Resolution No. 66-04.  This amendment was negotiated based on increased utilization of services and includes payment of $54,000 per month for the period July 1, 2004 through December 31, 2005.)

 


RESOLUTION NO. 257-04

 

APPROVAL OF INTERLOCAL AGREEMENT BETWEEN COUNTY OF ALLEGANY AND COUNTY OF CATTARAUGUS PURSUANT TO WORKFORCE INVESTMENT ACT OF 1998

 

Offered by:  Planning and Development, Finance, and

Ways and Means Committees

 

     RESOLVED:

 

     1.   That Interlocal Agreement dated October 22, 2004, between the County of Allegany and the County of Cattaraugus pursuant to the Workforce Investment Act of 1998 is approved.

 

2.   That the Chairman of the Board of Legislators is authorized to execute said Agreement.

 

Moved by:  Mrs. Myers                     Adopted:  Roll Call

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

 

RESOLUTION NO. 258-04

 

APPROVING THE ONE STOP SYSTEM OPERATOR AGREEMENT EXTENSION WITH THE NEW YORK STATE DEPARTMENT OF LABOR DIVISION OF EMPLOYMENT SERVICES AND THE CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD, INC.

 

Offered by:  Planning and Development, Finance, and

Ways and Means Committees

 

     WHEREAS, this Board by previous resolutions has authorized the County to enter into all necessary agreements regarding the implementation of the Workforce Investment Act of 1998, and

 

     WHEREAS, the Allegany County Office of Employment and Training is the operator of the One Stop Employment Service Office in Allegany County, and

 

     WHEREAS, it is necessary to enter into an Agreement Extension with the New York State Department of Labor Division of Employment Services and the Cattaraugus-Allegany Workforce Investment Board, Inc., beginning July 1, 2004 and ending June 30, 2005, with no provision for automatic renewal subsequent to June 30, 2005, now, therefore, be it

 

     RESOLVED:

 

1.   That the Chairman of this Board of Legislators is authorized to execute the One Stop Operator’s Agreement Extension with the New York State Department of Labor Division of Employment Services and the Cattaraugus-Allegany Workforce Investment Board, Inc. is approved.

 

Moved by:  Mrs. Myers                     Adopted:  Roll Call

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

 

RESOLUTION NO. 259-04

 

APPROVAL OF EQUIPMENT LOAN AGREEMENTS BETWEEN THE COUNTY OF ALLEGANY AND VARIOUS FIRE DEPARTMENTS FOR THE LOAN OF

MOBILE TWO-WAY RADIO EQUIPMENT

 

Offered by:  Public Safety and Finance Committees

 

     RESOLVED:

 

     1.   That Equipment Loan Agreements between the County of Allegany and the following fire departments for the loan of mobile two-way radio equipment are approved:  A. E. Crandall Hook & Ladder Company, Alfred Station Fire Company, Allentown Fire Company, Alma Volunteer Fire Company, Andover Fire Company, Angelica Fire Department, Belfast Fire Company, Belmont Fire Department, Birdsall Fire Company, Bolivar Fire Department, Centerville Fire Company, Clarksville Fire Company, Cuba Fire Department, Friendship Fire Department, Houghton Fire Company, New Hudson Fire Company, Oramel Fire Company, Petrolia Hose Company, Scio #2, Richburg Fire Department, Rushford Fire Company, Short Tract Fire Company, Whitesville Fire Company, William P. Brooks Hose Company #1, Inc. and Wiscoy-Rossburg Fire Company.

 

     2.   That the Chairman of this Board is authorized to execute said Agreements.

 

Moved by:  Mr. Reynolds                   Adopted:  Roll Call

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

 

 

     Resolution Intro. No. 281-04 (Appointment of Commissioner of Social Services and Fixing Annual Salary Therefor) was not pre-filed and was considered from the floor on a motion made by Legislator Truax, seconded by Legislator Bennett and carried.

 

RESOLUTION NO. 260-04

 

APPOINTMENT OF COMMISSIONER OF SOCIAL SERVICES AND

FIXING ANNUAL SALARY THEREFOR

 

Offered by:  Human Services Committee

 

Pursuant to Social Services Law §§ 65 and 116

 

WHEREAS, Margaret A. Cherre has resigned as Commissioner of Social Services, now, therefore, be it

 

     RESOLVED:

 

     1.   That Patricia Schmelzer, is appointed Commissioner of Social Services for a term of five years commencing December 14, 2004, and expiring December 13, 2009.

 

     2.   That the base annual salary for such Commissioner of Social Services is fixed at $61,000 per annum notwithstanding the base annual salary established for such Commissioner of Social Services in Resolution No. 290-2003 and notwithstanding the base annual salary for the year 2005 established by Local Law No. 4 of 2004.

 

Moved by:  Mr. Truax                      Adopted:  Roll Call

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

 

 

     Resolution Intro. No. 282-04 (Transfer of Funds from County Road Fund) was not pre-filed and was considered from the floor on a motion made by Legislator Graffrath, seconded by Legislator Bennett and carried.

 

RESOLUTION NO. 261-04

 

TRANSFER OF FUNDS FROM COUNTY ROAD FUND

 

Offered by:  Public Works and Finance Committees

 

     RESOLVED:

 

     1.   That the sum of $7,600 is transferred from Account No.  D5110.408 to Account No. DM5130.204 to purchase a sander.

 

Moved by:  Mr. Graffrath                       Adopted:  Roll Call

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

 

 

     Resolution Intro. No. 283-04 (Acceptance of Donation from Allegany Senior Foundation, Inc. and Appropriation of Same to OFA – S.N.A.P. Contractual Expenses Account) was not pre-filed and was considered from the floor on a motion made by Legislator Truax, seconded by Legislator Sobeck and carried.

 

RESOLUTION NO. 262-04

 

ACCEPTANCE OF DONATION FROM ALLEGANY SENIOR FOUNDATION, INC. AND APPROPRIATION OF SAME TO OFA – S.N.A.P. CONTRACTUAL EXPENSES ACCOUNT

 

Offered by:  Human Services and Finance Committees

 

     WHEREAS, a sum of $6,480 has been offered by Allegany Senior Foundation, Inc. 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 $6,480 is accepted from Allegany Senior Foundation, Inc. to be used for the Home Delivered Meals Program.

 

2.   That the accepted sum of $6,480 from Allegany Senior Foundation, Inc. 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

 

AUDITS:

 

     A motion was made by Legislator Truax, seconded by Legislator Burdick and carried, that the audits be acted upon collectively and by totals.  Opposed: Sobeck.

 

     A motion was made by Legislator Nielsen, seconded by Legislator Bennett and adopted on a roll call vote of 12 Ayes, 2 Noes, 1 Absent, that the audit of claims be approved for payment as recommended by the County Administrator.  Voting No: Myers, Sobeck.

 

     The meeting was adjourned on a motion made by Legislator Truax, seconded by Legislator Reynolds and carried.