ALLEGANY COUNTY BOARD OF LEGISLATORS
Regular Session
May 24, 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
Nielsen.
Roll Call:
All present except Legislator Sherman.
APPROVAL
OF MINUTES:
The Board meeting minutes of April 12 and
26, 2004, were approved on a motion by Legislator Dibble, seconded by
Legislator Truax and carried.
PRIVILEGE
OF THE FLOOR:
Chairman Palmer granted privilege of the
floor to Martha Roberts, President of the Allegany County Agricultural Society,
to provide an update on the 2004 County Fair, to be held July 19 to 24, and
presentation of the Fair Book. Ms.
Roberts reported that the annual cost of the Fair is approximately $275,000 and
thanked the legislators for their support.
Privilege of the floor was also granted to
Joan Sinclair to address the legislators regarding the Genesee Valley Outdoor
Education Center, which is slated to open in 2005. Ground breaking for the arboretum was held last month. The Center has received a $12,000 grant from
the Natural Resource Conservation Service and is actively pursuing further
grants and participating in community fundraising activities. When completed, the Center will feature an
arboretum, trail system, learning stations, outdoor classroom, overlooks, and
other points of interest.
Chairman Palmer also granted privilege of
the floor to Klaus Wuersig, of Belfast, who spoke on behalf of the Citizens for
Honesty in Government. This group feels
that the recently established $60 landfill permit fee breaks the contract
residents had with the County to use the landfill through 2007. Mr. Wuersig is asking that the legislature
revisit this issue and rescind the permit fee legislation. Petitions with approximately 800 signatures
were presented to Chairman Palmer.
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 April 2004.
2. Also placed on each legislator’s desk were
copies of the Reports of Tax Bill Corrections approved by the County
Administrator for the months of March and April 2004.
3. A
Resolution was received from the Town of Clarksville stating their desire to go
on record as opposing the granting of “city status” to the Village of
Wellsville.
4. The
Allegany County Bicentennial Committee’s Premier Celebration Benefit Dinner, to
be held on June 2, 2004, was announced.
RESOLUTIONS:
RESOLUTION NO. 105-04
CERTIFICATION TO STATE COMMISSIONER OF
CHILDREN AND FAMILY SERVICES, STATE COMMISSIONER OF TEMPORARY AND DISABILITY
ASSISTANCE, AND
STATE COMMISSIONER OF HEALTH, OF EXISTENCE OF
CONDITIONS AND ACCEPTANCE OF CONDITIONS SET FORTH IN SOCIAL SERVICES LAW IN
RELATION TO FILLING OF VACANCY IN OFFICE OF COUNTY COMMISSIONER OF SOCIAL
SERVICES WITH EMPLOYEE IN COUNTY SOCIAL SERVICES DEPARTMENT
Offered by: Human Services Committee
Pursuant to Social Services Law § 65,
subdivision 7, paragraph (b)
WHEREAS,
this Board of Legislators is the appointing authority to fill a vacancy in
the office of County Commissioner of Social Services in Allegany County, and
WHEREAS,
the present Allegany County Commissioner of Social Services has filed her
resignation from such office to become effective June 11, 2004, and
WHEREAS,
in order for this Board to appoint an employee of the County Department of
Social Services as an acting Commissioner of Social Services, it is legally
necessary for this Board to first certify to the State Commissioner of Children
and Family Services, State Commissioner of Temporary and Disability Assistance,
and State Commissioner of Health that certain conditions, as set forth in
paragraph b of subdivision 7 of section 65 of the Social Services Law, are
fulfilled, now, therefore, be it
RESOLVED:
1. That
this Board of Legislators does hereby certify to the State Commissioner of
Children and Family Services, State Commissioner of Temporary and Disability
Assistance, and State Commissioner of Health that as of the adoption date of
this resolution:
(a) there
is an unavailability of qualified candidates for the office of Commissioner of
Social Services in the Allegany County Social Services District, and
(b) the
Allegany County Social Services District is making continued efforts to recruit
qualified candidates.
2. That this Board of Legislators does further
certify to the State Commissioner of Children and Family Services, State
Commissioner of Temporary and Disability Assistance, and State Commissioner of
Health that:
(a) any
appointment of an acting County Commissioner of Social Services will be
effective only until a qualified person becomes available, and
(b) a
waiver of any specific qualification required by section one hundred sixteen of
the Social Services Law will not be effective without the consent of the State
Commissioner of Children and Family Services, State Commissioner of Temporary
and Disability Assistance, and State Commissioner of Health.
3. That
the Clerk of this Board is directed to mail a certified copy of this resolution
to John A. Johnson, Commissioner of Children and Family Services, Robert Doar,
Commissioner of Temporary and Disability Assistance, and Antonia C. Novello, M.D.,
Commissioner of Health.
Moved by: Mr. Truax
Adopted: Roll Call
Seconded by: Mr.
Dibble 14 Ayes, 0 Noes, 1 Absent
Resolution Intro. No. 107-04 (Appointment
of Acting County Commissioner of Social Services) was amended on a motion by Legislator
Russo, seconded by Legislator Burdick and carried, by adding “2.
The Acting Commissioner shall receive an annual salary of $54,000, payable
bi-weekly during the period of time that she serves as Acting Commissioner.”
APPOINTMENT OF ACTING COUNTY COMMISSIONER OF
SOCIAL SERVICES
Offered by: Human Services Committee
Pursuant to Social Services Law § 65,
subdivision 7
WHEREAS,
this Board adopted a resolution this May 24, 2004, in pursuance of Social
Services Law § 65, subdivision 7, paragraph (b), now, therefore, be it
RESOLVED:
1. That
Patricia A. Schmelzer, who occupies the position of Deputy Commissioner in the
Allegany County Department of Social Services, is appointed Acting Commissioner
of Social Services of the County Department of Social Services in the Allegany
County Social Services District, to serve at the pleasure of this Board.
2. The
Acting Commissioner shall receive an annual salary of $54,000, payable
bi-weekly during the period of time that she serves as Acting Commissioner.
3. This resolution shall take effect June 12,
2004.
Moved by: Mr. Truax
Adopted: Roll Call
Seconded by: Mr.
Dibble 14 Ayes, 0 Noes, 1 Absent
Offered by: Public Safety, Personnel, and
Finance Committees
WHEREAS,
the Office of Allegany County Public Defender was created by Local Law No.
2 of 1974, and
WHEREAS,
this Board believes it is in the best interest of Allegany County to make
the Public Defender a full time position, now, therefore, be it
RESOLVED:
1. That the annual salary for the Public
Defender is fixed at $70,350 per annum notwithstanding the salary established
for such Public Defender in Resolution No. 290-2003.
2. That the sum of $13,500 is transferred from
Account No. A1990.4 (Contingent) to
Account No. A1170.1, to cover the unbudgeted increase in salary of the
Secretary to the Public Defender.
3. That one position of Assistant Public
Defender is abolished.
4. This resolution shall take effect on June
1, 2004.
Moved by: Mr. Russo
Adopted: Roll Call
Seconded by: Mr.
Reynolds 14 Ayes, 0 Noes, 1 Absent
SUNSET PROVISIONS OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND
(LGRMIF) AND THE CULTURAL EDUCATION FUND (CEF)
Offered by: Ways and Means
Committee
WHEREAS, the Local Government Records
Management Improvement Fund (LGRMIF) was created in 1989 to provide technical
assistance and grants to establish, improve or enhance records management
programs in New York's more than 4300 local governments, and
WHEREAS, the closely related Documentary
Heritage Program (DHP) for grants and technical assistance to non-governmental
historical records repositories also is supported by the LGRMIF, and
WHEREAS, a sunset date for the LGRMIF
was established in the original legislation to permit its operation as a
five-year experiment, and
WHEREAS, the New York State Legislature
in 1995 twice has extended the sunset date, most recently to December 31, 2005,
and
WHEREAS, the LGRMIF has effectively
supported essential advisory services and 6,300 grants totaling over $113
million to improve the management of records for over half of all New York
State local governments, and
WHEREAS, the LGRMIF and the programs it
supports continue to operate at a high standard of excellence and provide
direct and significant benefit to local governments at no cost to the
taxpayers, and
WHEREAS, the Allegany County Board of
Legislators has benefited from technical assistance, training, publications and
five grants totaling $100,952, supported by the LGRMIF, and
WHEREAS, the State Legislature created
the closely-related Cultural Education Fund (CEF) to support the New York State
Archives, New York State Library and New York State Museum on behalf of all New
Yorkers, and the Office for Public Broadcasting, and provided the CEF with an
identical sunset date, and
WHEREAS, the LGRMIF and the CEF continue
to be critically important in the fulfillment of the many records and
information related responsibilities of the Allegany County Board of
Legislators, and to the cultural and scientific needs of the people of New York
State, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators supports the
elimination of said sunset provisions in order to make the LGRMIF and the CEF
permanent.
2. That
the Clerk of this Board is directed to send a certified copy of this resolution
to Speaker of the Assembly Sheldon Silver, Senate Majority Leader Joseph Bruno,
State Senator Patricia McGee and Members of the Assembly Catharine M. Young and
Daniel J. Burling.
Moved by: Mr.
Nielsen
Adopted: Voice Vote
Seconded by: Mr.
Crandall
Offered by: Public
Safety Committee
WHEREAS, the Allegany County Traffic Safety Board passed a resolution on
April 20, 2004, welcoming the return of trains to the southern part of Allegany
County, and
WHEREAS, it is imperative to educate our citizens concerning safety
around trains, railroad tracks, crossings, and to respect railroad property,
now, therefore, be it
RESOLVED:
1. That
the Allegany County Board of Legislators welcomes the return of trains to the
southern part of Allegany County and appreciates the continued operation of
trains in the northern part of the County.
2. That
this Board of Legislators endorses the Whistle Stop Program and encourages
every school in Allegany County to take advantage of its free offerings in
recognition of the need to educate citizens about safety around trains,
railroad tracks and crossings, and to respect railroad property.
Moved by: Mr.
Reynolds
Adopted: Voice Vote
Seconded by: Mr.
Bennett
Offered by: Public Safety Committee
RESOLVED:
1. That the sum of $2,000 from the Allegany
County STOP DWI Program to be used to enhance the supervision of DWI probation
cases, is accepted.
2. That
the sum of $2,000 is appropriated to Account No. A3140.1, with a like sum credited to Revenue Account No. A09.2801.34.
Moved by: Mr.
Reynolds Adopted:
Roll Call
Seconded by: Mrs.
Myers 14 Ayes, 0 Noes, 1 Absent
Offered by: Public Safety and Finance
Committees
RESOLVED:
1. That a Homeland Security Grant in the
amount of $75,000 from the New York State Division of Criminal Justice Services
to be used for the purchase of equipment and information technology and hazmat
response enhancements is accepted and the Homeland Security Grant Agreement is
approved. The Chairman of this Board is
authorized to execute such Grant Agreement.
2. That
the sum of $75,000 is appropriated to Account No. A3640.201 with a like sum credited to Revenue Account No.
A11.4305.3640.
Moved by: Mr.
Reynolds
Adopted: Roll Call
Seconded by: Mr.
Truax 14 Ayes, 0 Noes, 1 Absent
ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS
FROM THE
RURAL JUSTICE INSTITUTE AT ALFRED UNIVERSITY
FOR THE
ALLEGANY COUNTY YOUTH COURT
Offered by: Resource Management and Finance
Committees
RESOLVED:
1. That
this Board accepts from the Rural Justice Institute at Alfred University,
Alfred, New York a grant in the amount of $16,000 for the Allegany County Youth
Court.
2. That the sum of $16,000 is appropriated as
follows: $6,000 to Account No. A7321.1,
$10,000 to Account No. A7321.4, with a like sum credited to Revenue Account No.
A08.2705.3825.
Moved by: Mrs. Myers
Adopted: Roll Call
Seconded by: Mr.
Truax 14 Ayes, 0 Noes, 1 Absent
TRANSFER
OF FUNDS FROM CONTINGENT ACCOUNT TO
COUNTY
ATTORNEY CONTRACTUAL EXPENSES ACCOUNT
Offered by: Finance Committee
RESOLVED:
1. That the sum of $4,000 is transferred from
Account No. A1990.4 to Account No.
A1420.4 to cover costs for professional services rendered by Colucci &
Gallaher, P.C., regarding the Allegany County Landfill evaluation.
Moved by: Mr.
Crandall
Adopted: Roll Call
Seconded by: Mr.
Truax 13 Ayes, 1 No, 1 Absent
Voting No: Graffrath
APPROVAL OF LEASE
AGREEMENT BETWEEN THE PEOPLE OF THE
STATE OF NEW YORK,
ACTING THROUGH THE COMMISSIONER OF GENERAL SERVICES AND THE OFFICE OF THE
ALLEGANY COUNTY SHERIFF FOR
USE OF STATE-OWNED
PROPERTY ON CUBA LAKE;
AUTHORIZING
CHAIRMAN TO SIGN SUCH AGREEMENT
Offered by: Public Safety and Facilities
Planning and
Management Committees
RESOLVED:
1. That Lease Agreement between the People of
the State of New York, acting through the Commissioner of General Services and
the Office of the Allegany County Sheriff for use of State-Owned Property on
Cuba Lake for period May 1, 2004 and ending April 30, 2006, is approved; the
Chairman of this Board being authorized to execute said lease.
Moved by: Mr.
Bennett
Adopted: Roll Call
Seconded by: Mr.
Reynolds 14 Ayes, 0 Noes, 1 Absent
Resolution Intro. No. 116-04 (Transfer of
Funds from 2004 Departmental Budget Appropriation Accounts to Board of
Legislators Equipment Account; Accounts to be Designated by Budget Officer) was
not pre-filed and was considered from the floor on a motion made by Legislator
Heineman, seconded by Legislator Reynolds and carried.
Offered by: Finance Committee
RESOLVED:
1. That the sum of $200,000 is transferred
from various 2004 Departmental Budget Appropriation Accounts to be designated
by the Budget Officer to a Board of Legislators Equipment Account to be
designated by the Budget Officer.
Moved by: Mr.
Crandall
Adopted: Roll Call
Seconded by: Mr.
Heineman 14 Ayes, 0 Noes, 1 Absent
(Memo: The purpose of the transfer authorized in Resolution No. 115-04 was to reduce departmental appropriation levels and “protect” these funds. The Finance Committee developed a formula to use by determining each department’s share of the total budget and accepted department head input for which individual accounts to reduce by that amount. If unspent at year’s end, the funds will fall to general fund balance. The accounts affected by this transfer are listed below:
Amount From
Account To Account
$ 300.00 A1010.1
BOL Personnel A1010.2 BOL-Equipment
$ 175.00 A1010.402
BOL Mileage A1010.2 BOL-Equipment
$ 200.00 A1040.401
Clerk BOL-Postage A1010.2 BOL-Equipment
$ 30.00 A1040.402
Clerk BOL–Mileage A1010.2 BOL-Equipment
$ 200.00 A1040.419
Clerk BOL-Printing A1010.2 BOL-Equipment
$ 150.00 A1011.401
Co. Admin.–Postage A1010.2 BOL-Equipment
$ 200.00 A1011.402
Co. Admin.–Mileage A1010.2 BOL-Equipment
$ 1,160.00 A1165.417
Dist. Atty.–Supplies A1010.2
BOL-Equipment
$ 500.00 A1170.409
Pub. Def.–Fees A1010.2 BOL-Equipment
$ 550.00 A1171.430
Assign. Couns.–Contract A1010.2
BOL-Equipment
$ 1,110.00 A1325.409
Treasurer–Fees A1010.2 BOL-Equipment
$ 780.00 A1355.407
Assessments–Supplies A1010.2
BOL–Equipment
$ 718.00 A1410.415
Co. Clerk–Xerox A1010.2 BOL-Equipment
$ 1,042.00 A1410.407
Co. Clerk–Supplies A1010.2 BOL-Equipment
$ 161.00 A1420.201
Co. Atty.–Equipment A1010.2
BOL-Equipment
$ 619.00 A1420.407
Co. Atty.–Supplies A1010.2 BOL-Equipment
$ 200.00 A1420.419
Co. Atty.–Printing A1010.2 BOL-Equipment
$ 485.00 A1430.405
Human Res.–Conference A1010.2
BOL-Equipment
$ 65.00 A1430.419
Human Res.–Printing A1010.2
BOL-Equipment
$ 430.00 A1450.402
Elections–Mileage A1010.2 BOL-Equipment
$ 850.00 A1680.408 Cent. Srv.
Comp.–Supplies A1010.2 BOL-Equipment
$ 1,000.00 A2495.421 Comm.
Colleges–Education A1010.2 BOL-Equipment
$ 2,500.00 A3110.101
Sheriff–Personnel A1010.2 BOL-Equipment
$ 250.00 A3112.201
Dispatch–Equipment A1010.2 BOL-Equipment
$ 500.00 A3112.411
Dispatch–Repairs A1010.2 BOL-Equipment
$ 2,000.00 A3140.413
Probation–Rentals A1010.2 BOL-Equipment
$ 400.00 A3140.407
Probation–Supplies A1010.2 BOL-Equipment
$ 1,000.00 A3150.215
Jail–Equipment A1010.2 BOL-Equipment
$ 750.00 A3150.407
Jail–Supplies A1010.2 BOL-Equipment
$ 750.00 A3150.408 Jail–Gen.
Supplies A1010.2 BOL-Equipment
$ 750.00 A3150.423 Jail–Food A1010.2 BOL-Equipment
$ 4,200.00 A3150.425 Jail–Clothing A1010.2 BOL-Equipment
$ 275.00 A3410.406
Fire–Insurance A1010.2 BOL-Equipment
$ 200.00 A3640.416 Emerg.
Serv.–Telephone A1010.2 BOL-Equipment
$ 250.00 A3640.427 Emerg.
Serv.–Electric A1010.2 BOL-Equipment
$ 17,800.00 A4010.406
Health–Insurance A1010.2 BOL-Equipment
$ 1,780.00 A4310.201 Ment.
Health–Equipment A1010.2 BOL-Equipment
$ 5,000.00 A4310.409 Ment.
Health–Supplies A1010.2 BOL-Equipment
$ 79,875.00 A6101.475 DSS–Med.
Trans. A1010.2 BOL-Equipment
$ 14,625.00 A6101.474 DSS–MMIS A1010.2 BOL-Equipment
$ 630.00 A6430.474
Devel.–Contract A1010.2 BOL-Equipment
$ 200.00 A6510.401
Veterans–Postage A1010.2 BOL-Equipment
$ 100.00 A6610.210 Cons.
Aff.–Equipment A1010.2 BOL-Equipment
$ 600.00 A6989.402
Tourism–Mileage A1010.2 BOL-Equipment
$ 150.00 A6989.407
Tourism–Supplies A1010.2 BOL-Equipment
$ 3,700.00 A6772.474
OFA–Nutrition A1010.2 BOL-Equipment
$ 75.00 A7180.408
Beach–Supplies A1010.2 BOL-Equipment
$ 100.00 A7310.402 Youth
Bureau–Mileage A1010.2 BOL-Equipment
$ 100.00 A7510.484
Historian–Contracts A1010.2
BOL-Equipment
$ 50.00 A8020.401
Planning–Postage A1010.2 BOL-Equipment
$ 2,250.00 S1720.430 Work.
Comp.–Claimant Med. A1010.2
BOL-Equipment
$ 1,700.00 CD1 6400.101
WIA–Personnel A1010.2 BOL-Equipment
$ 1,500.00 CD1 6400.201
WIA–Equipment A1010.2 BOL-Equipment
$ 500.00 CD1 6400.409
WIA–Fees A1010.2 BOL-Equipment
$ 200.00 A1620.205
Buildings–Furniture A1010.2
BOL-Equipment
$ 50.00 A1620.401
Buildings–Postage A1010.2 BOL-Equipment
$ 1,200.00 A1620.404
Buildings–Maint. Cont. A1010.2
BOL-Equipment
$ 50.00 A1620.407
Buildings–Supplies A1010.2 BOL-Equipment
$ 6,000.00 A1620.408
Buildings–Gen. Supplies A1010.2
BOL-Equipment
$ 6,500.00 A1620.412
Buildings–Repairs A1010.2 BOL-Equipment
$ 3,000.00 A1620.413
Buildings–Rentals A1010.2 BOL-Equipment
$ 25,400.00 D5110.408 Cty.
Road–Gen. Supp A1010.2 BOL-Equipment
$ 2,115.00 CSH 9061.806 Risk
Ret.–Medical A1010.2 BOL-Equipment)
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 Nielsen,
seconded by Legislator Crandall 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.