ALLEGANY COUNTY BOARD OF LEGISLATORS
Regular Session
June 28, 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
Bennett.
Roll Call:
All present except Legislators Nielsen and Russo.
APPROVAL
OF MINUTES:
The Board meeting minutes of May 10 and 24,
2004, were approved on a motion by Legislator Dibble, seconded by Legislator
Sherman and carried.
PRIVILEGE
OF THE FLOOR:
Chairman Palmer presented a certificate of
appreciation to Gertrude A. Butera, in recognition of her five years of
outstanding work and dedication to the Allegany County Planning Board.
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 May 2004.
2. A
media release was received from Southern Tier West Regional Planning and
Development Board outlining highlights of their June board meeting.
3. The
Town of Grove filed a resolution in support of “city status” for the Village of
Wellsville.
4. Correspondence
was received from Michael Johnsen, Secretary for the Northeast Allegany County
Coalition, supporting the hiring of a grantsman such as Stewart Brown
Associates, to provide grant services to Allegany County and to provide
assistance to communities within the County.
RESOLUTIONS:
RESOLUTION NO. 125-04
URGING GOVERNOR AND STATE LEGISLATURE TO
SPONSOR AND ENACT LEGISLATION AMENDING THE FREEDOM OF INFORMATION LAW AND
ELECTION LAW RELATING TO THE RELEASE OF PERSONAL INFORMATION FROM VOTERS ROLLS
AND REFRAINING FROM IMPLEMENTING MEASURES OF HELP AMERICA VOTE
ACT OF 2002 AND THE CREATION BY NYS BOARD OF
ELECTIONS OF
A STATEWIDE VOTER DATABASE
Offered by: Personnel Committee
WHEREAS,
voters rolls not only contain the names and addresses of registered voters,
but also contain the voter’s full date of birth and telephone number, and now
with federal enactment of the “Help America Vote Act of 2002” there will be the
further requirement that either a voter’s driver’s license number or the last
4-digits of his or her social security number will need to be present on the
rolls, and
WHEREAS,
under the New York State Freedom of Information Law, there has been no
protection afforded to protect and guard this information from public and
commercial view, copying and exploitation, and the New York State Board of
Elections has taken the stance that Counties must provide all such information
when presented with a FOIL request, and
WHEREAS,
the New York State Board of Elections is now in the process of creating a
“statewide” voter database which will on a wider scale disseminate this wealth
of personal information to any and all who desire access, and
WHEREAS,
identity theft is a very harsh reality and the information now required to
be part of the voter rolls provides a criminal with all he needs to devastate a
voter’s life, and
WHEREAS,
the New York State Board of Elections has taken the position that “if a
person doesn’t want all of his personal information released, he can choose not
to register,” which is a tragic statement when the goal should be to encourage
the registration of voters, not to discourage, when the better solution would
be to change the law to minimize the amount of personal information available
on the list, and
WHEREAS,
there are legitimate reasons for name, address and year of birth to be part
of a voter’s registration record, which include political candidates being able
to find voters to seek their support, or after an election to file a
challenge. Both month and day of birth,
driver’s license number and/or last 4-digits of a voter’s social security
number provide no legitimate information.
To justify their inclusion based on security reasons is too easy a
shroud, there must be an easier non-intrusive method available. This information once made part of the
public record, means it is available to all, including telemarketers, junk
mailers, criminals and others, and
WHEREAS,
stout defense should be accorded the Freedom of Information Law, but not
when dissemination of needless information will cause personal harm. The current state of the law provides too
much freedom with too much information, and it should be the goal of the
government and every official to protect all citizens rather than exposing
them, now, therefore, be it
RESOLVED:
1. That
the Allegany County Board of Legislators urges the Governor to endorse and New
York State Legislature to amend the current Freedom of Information Law and the
New York State Election Law to provide that a voter’s day and month of birth,
driver’s license number and/or any portion of their social security number not
be made part of information to be included on the voter registration records,
or in the alternative that such information be exempted from disclosure under
FOIL.
2. This Board of Legislators further request a
halt to the creation and/or dissemination by the New York State Board of
Elections of a statewide voter database, or in the alternative, require that
such personal information just mentioned not be included as part of the
database and refrain from adopting a statewide plan implementing the federal
legislation known as “Help America Vote Act of 2002,” unless the requirement
for inclusion of personal information is first removed.
3. That the Clerk of the Board of Legislators
is authorized and directed to forward certified copies of this resolution to
Governor George E. Pataki, Assembly Speaker Sheldon Silver, the Majority and
Minority Leaders of the State Senate and Assembly, New York State Board of
Elections, Robert Freeman, Executive Director, Committee on Open Government,
U.S. Senators Clinton and Schumer, State Senator Patricia McGee and Assembly
Members Burling and Young.
Moved by: Mr. Dibble
Adopted: Voice Vote
Seconded by: Mr.
Burdick
URGING NEW YORK STATE LEGISLATURE TO ADOPT
ASSEMBLY REPUBLICAN MEDICAID RESTRUCTURING PLAN
Offered by: Finance Committee
WHEREAS,
New York’s Medicaid Program
is the most expensive Medicaid program in the United States, and
WHEREAS,
Medicaid expenditures are projected to reach 44 billion dollars in fiscal
2004-2005 if changes to the system are not implemented, and
WHEREAS,
the financial burden Medicaid places on local governments is consuming an
increasingly larger percentage of local tax revenue, and
WHEREAS,
the Assembly Republican Conference has proposed a Medicaid Restructuring
Plan which provides for the State taking over the local Medicaid share in
exchange for one percent of the local sales tax collections, and
WHEREAS,
the Plan if adopted, could save Allegany County over 1.1 million dollars in
fiscal 2004-2005, now, therefore, be it
RESOLVED:
1. That
this Board urges the New York State Legislature to adopt the Assembly
Republican Medicaid Restructuring Plan.
2. That the Clerk of this Board is directed to
forward a certified copy of this resolution to Governor George Pataki, the
Majority and Minority Leaders of the New York State Assembly, the Majority and
Minority Leaders of the New York State Senate, State Senator Patricia McGee and
Members of the Assembly Catharine M. Young and Daniel J. Burling.
Moved by: Mr.
Crandall
Adopted: Roll Call
Seconded by: Mr.
Bennett 13 Ayes, 0 Noes, 2 Absent
Offered by: Planning and Development
Committee
Pursuant to Local Law No. 4 of 1992
RESOLVED:
1. That Jerry Garmong is reappointed Director
of Employment and Training for a term of three years commencing August 25,
2004, and expiring August 24, 2007.
Moved by: Mrs. Myers
Adopted: Roll Call
Seconded by: Mr.
Dibble 13 Ayes, 0 Noes, 2 Absent
REAPPOINTMENT
OF ONE MEMBER TO COUNTY BOARD OF HEALTH
Offered by: Human Services Committee
Pursuant to Public Health Law §§ 343 and 344
RESOLVED:
1. That Dr. Leo Cusumano is reappointed to the
County Board of Health with term of office commencing July 8, 2004, and
expiring July 7, 2010.
Moved by: Mr. Truax
Adopted: Roll Call
Seconded by: Mr.
Dibble 13 Ayes, 0 Noes, 2 Absent
A motion was made by Legislator Truax,
seconded by Legislator Crandall and carried, to grant Legislator Sherman
permission to abstain from voting on Resolution Intro. No. 132-04 (Approval of
Board Chairman’s Reappointment of One Member to the Chautauqua, Cattaraugus,
Allegany and Steuben Southern Tier Extension Railroad Authority).
APPROVAL
OF BOARD CHAIRMAN'S REAPPOINTMENT OF ONE MEMBER TO THE CHAUTAUQUA, CATTARAUGUS,
ALLEGANY AND STEUBEN
SOUTHERN
TIER EXTENSION RAILROAD AUTHORITY
Offered by: Planning and Development
Committee
RESOLVED:
1. That Edgar
Sherman of Little Genesee, New York, is
reappointed to the Chautauqua, Cattaraugus, Allegany, and Steuben Southern Tier
Extension Railroad Authority, with term of office to commence August 28, 2004,
and expire August 27, 2007.
Moved by: Mrs. Myers
Adopted: Roll Call
Seconded by: Mr.
Reynolds 12 Ayes, 0 Noes, 2 Absent
Abstained: Sherman
APPROVAL
OF BOARD CHAIRMAN’S REAPPOINTMENT OF THREE MEMBERS TO SOUTHERN TIER WEST
REGIONAL PLANNING AND DEVELOPMENT BOARD
Offered by: Planning
and Development Committee
Pursuant to
Resolution No. 35-68, as amended by Resolution No. 93-75
RESOLVED:
1. That the reappointment by the Chairman of
this Board of John E. Margeson of Scio, New York, Jerry Scott of Cuba, New York
and Brent Reynolds of Alfred Station, New York, as members of the Southern Tier
West Regional Planning and Development Board, with term of office commencing
June 1, 2004, and expiring May 31, 2007, is approved.
Moved by: Mrs. Myers
Adopted: Roll Call
Seconded by: Mr.
Burdick 13 Ayes, 0 Noes, 2 Absent
Resolution Intro. No. 134-04 (Granting
Salary Increments Effective July 1, 2004, to Unit and Non-Unit Employees) was
amended on a motion by Legislator Burdick, seconded by Legislator Dibble and
carried, by changing “eleven” to “six” in the first paragraph.
GRANTING SALARY
INCREMENTS EFFECTIVE JULY 1, 2004, TO UNIT AND
NON-UNIT EMPLOYEES
Offered by: Personnel Committee
Pursuant to § 5 (9) of Resolution No. 1-69
and
Rule 7 of § 5 of Resolution No. 297-75
WHEREAS,
six County unit and non-unit employees are eligible to receive an annual salary
increment effective July 1, 2004, and
WHEREAS,
the proper County department heads have recommended that such employees
receive their respective annual salary increment effective July 1, 2004, 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, 2004, to wit:
Department Name Title
Increment
County Attorney Osgood, O. Secy. to Co. Atty. $.40
Social Services Bailey, C. Comm. Svc. Aide $.24
Social Services Freeman, A. Typist $.24
Aging Scott,
L. Aging Svc. Tech PT $.44
Sheriff’s Dept. Chamberlain, P. Emerg.
Svc. Disp. $.38
Health Reynolds,
R. PHCP
Coord. $.56
Moved by: Mr.
Burdick
Adopted: Roll Call
Seconded by: Mr.
Dibble 13 Ayes, 0 Noes, 2 Absent
Resolution Intro. No. 135-04 (Fixing Salary
of Assistant Public Defenders) was WITHDRAWN by Legislator Reynolds, Chairman
of the Public Safety Committee.
TRANSFER
OF FUNDS FROM CONTINGENT ACCOUNT TO
COUNTY
ADMINISTRATOR CONTRACTUAL EXPENSES ACCOUNT
Offered by: Finance Committee
RESOLVED:
1. That the sum of $12,900 is transferred from
Account No. A1990.4 to Account No.
A1011.4 to finance the cost of a study of potable water and waste water service
at Belvidere.
Moved by: Mr.
Crandall
Adopted: Roll Call
Seconded by: Mrs.
Myers 12 Ayes, 1 No, 2 Absent
Voting No: Sobeck
(Memo: In reference to Resolution No. 132-04, the Belvidere study was authorized by Resolution No. 75-04 on April 12, 2004.)
TRANSFER
OF FUNDS WITHIN PROBATION ACCOUNT
Offered by: Public Safety Committee
RESOLVED:
1. That
the sum of $185 is transferred from Account No. A3140.4 to Account No. A3140.2, for the purchase of a paper
shredder and bags.
Moved by: Mr.
Bennett
Adopted: Roll Call
Seconded by: Mr.
Truax 13 Ayes, 0 Noes, 2 Absent
Offered by: Personnel and Finance Committees
RESOLVED:
1. That the County of Allegany
accepts a State Grant-in-Aid from the New York State Division of Veterans’
Affairs in the amount of $1,860 and approves the Grant Contract and the
Director of the Allegany County Veterans’ Service Agency is authorized to
execute the Grant Contract.
2. That the sum of $1,860 is appropriated as
follows: $1,380 to Account No. A6510.4
and $480 to Account No. A6510.1, with a like sum credited to Revenue Account
No. A10.3710.6510.
Moved by: Mr.
Burdick
Adopted: Roll Call
Seconded by: Mr.
Crandall 13 Ayes, 0 Noes, 2 Absent
(Memo: The grant accepted per Resolution No. 134-04 will assist the Veterans’ Service Agency in ongoing training requirements necessary to maintain accreditation in accordance with American Legion standards.)
AUTHORIZING THE
CHAIRMAN TO EXECUTE CONTRACT BETWEEN
COUNTY OF ALLEGANY,
COUNTY OF CATTARAUGUS AND
CATTARAUGUS-ALLEGANY
WORKFORCE INVESTMENT BOARD FOR WIB FUNDING
Offered by: Planning and Development and
Finance Committees
Pursuant to Section 117 (d) (3) of the
Workforce Investment Act of 1998, 29 USCS
2832 (d) (3)
WHEREAS, an agreement is necessary with
Cattaraugus County and the Cattaraugus-Allegany Workforce Investment Board to
authorize the funding streams which are currently being received by the County,
or which are anticipated to be received by the County in conjunction with the
Workforce Investment System, to flow to the Workforce Investment Board, now,
therefore, be it
RESOLVED:
1. That the Chairman of the Allegany County
Board of Legislators is authorized and directed to execute a contract, on
behalf of Allegany County, with Cattaraugus County and the Cattaraugus-Allegany
Workforce Investment Board for the above-described funding.
Moved by: Mrs. Myers
Adopted: Roll Call
Seconded by: Mr.
Dibble 13 Ayes, 0 Noes, 2 Absent
(Memo: The term of the contract approved in Resolution No. 135-04 is July 1, 2003 through June 30, 2004.)
APPROVAL
OF AMENDMENT OF COURT SECURITY AGREEMENT (C200225) BETWEEN THE NEW YORK STATE
UNIFIED COURT SYSTEM AND THE ALLEGANY COUNTY SHERIFF'S DEPARTMENT; APPROPRIATION
OF THE ALLOCATED INCREASE
Offered by: Public Safety and Finance
Committees
RESOLVED:
1. The amendment of an agreement for the
period April 1, 2003, through March 31, 2004, between the New York State
Unified Court System and the Allegany County Sheriff's Department for the
provision of Court Security, is approved; the Allegany County Sheriff being
authorized to execute such Amendment.
2. That the allocated increase of $9,291 is
appropriated to Revenue Account No. A03.226.00.
Moved by: Mr.
Reynolds
Adopted: Roll Call
Seconded by: Mr.
Bennett 13 Ayes, 0 Noes, 2 Absent
APPROVAL
OF AGREEMENT BETWEEN COUNTY OF ALLEGANY AND THE
ALLEGANY
COUNTY SOIL AND WATER CONSERVATION DISTRICT
Offered by: Resource Management Committee
RESOLVED:
1. That Agreement between the County of
Allegany and the Allegany County Soil and Water Conservation District in
relation to the development of a Countywide Pre-Disaster Mitigation Plan, is
approved.
2. That the Chairman of this Board is
authorized to execute said Agreement.
Moved by: Mr.
Sherman
Adopted: Roll Call
Seconded by: Mrs.
Myers 13 Ayes, 0 Noes, 2 Absent
(Memo: The County accepted a Pre-Disaster Mitigation Planning Grant from the New York State Emergency Management Office in the amount of $28,988 per Resolution No. 212-2003. The cost of the agreement approved in Resolution No. 137-04 will be covered by this grant.)
ANNOUNCEMENTS:
PETITIONS:
Legislator Sobeck presented two petitions to the Chairman of the Board on
behalf of County citizens: the first, with 2,656 signatures, in support of
reducing the size of the County Legislative Board; and the second, with 826
signatures, in opposition to the building of a new jail.
COUNTY VISITORS’ CENTER: Legislator Myers announced the grand opening
of the new County Visitors’ Center at the Crossroads Commerce and Conference
Center on Wednesday, June 30, at 10:00.
VALLEY VIEW DAIRY FARM DEMONSTRATION: Legislator Bennett announced a demonstration
on Tuesday, June 29, at 10:00, of the State’s first robotic milking operation
at Valley View Dairy Farm on County Road 31A.
Board members are invited to attend and it was noted that there will be
State representatives present.
OPEN LETTER TO STATE LEADERSHIP: Legislator Dibble made note of an open letter
to be sent to the Governor and New York State Senate and Assembly leadership
regarding rising Medicaid costs and the effect on economic conditions in the
County. Mr. Dibble expressed the need
for help now, in 2004, and noted other Counties should be contacted for
support.
AUDITS:
A motion was made by Legislator Truax,
seconded by Legislator Bennett and carried, that the audits be acted upon
collectively and by totals.
A motion was made by Legislator Crandall,
seconded by Legislator Truax and adopted on a roll call vote of 13 Ayes, 0
Noes, 2 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 Truax, seconded by Legislator Bennett and carried.