ALLEGANY COUNTY BOARD OF
LEGISLATORS
Regular Session
November 22, 2004
The regular meeting of the Board of Legislators was called to
order at 2:03 p.m. by Chairman Palmer.
Pledge of allegiance to the flag.
The invocation was given by Legislator Dibble.
Roll Call: All present
except Legislator Regan.
APPROVAL OF MINUTES:
The Board meeting minutes of October 12 and 25, 2004, were
approved on a motion made by Legislator Dibble, seconded by Legislator Bennett
and carried.
PRIVILEGE OF THE FLOOR:
Chairman James G. Palmer took the floor for the presentation of
the Employee of the Month Certificate.
Honored as the December 2004 Employee of the Month was Jacqueline
Merrick, Assistant Director of the Veterans’ Services Agency, in recognition of
her hard work and dedication to the County.
Chairman Palmer granted privilege of the floor to Kimberley
Toot, 2004 United Way Campaign Coordinator for the Allegany County
Offices. The theme for this year’s
drive is “What Matters” . . . to change people’s lives for the better. All County money stays in the County to
assist the 25 participating agencies.
Ms. Toot encouraged everyone to contribute.
Privilege of the floor was also granted to Dianne Baker,
Executive Director of Cornell Cooperative Extension of Allegany County, to
highlight the 4-H Program. 4-H Members
Nicci Santangelo, Aaron Santangelo, Katie Santangelo, and Meghan Snyder spoke
on their individual 4-H experiences, followed by the 4-H pledge recited by all
4-H alumni present.
ACKNOWLEDGMENTS, COMMUNICATIONS,
REPORTS, ETC.:
1. The New York State
Department of Transportation filed correspondence, maps, and an official order
evidencing abandonment of a parcel of land in the Town of Cuba in the Clerk of
the Board’s Office on November 19.
2. The ACCORD
Corporation filed a copy of their annual report for the period March 2003
through February 2004 in the Clerk of the Board’s Office on November 19.
3. Correspondence was
received from Manor Hills ARCF, inviting legislators to attend their Christmas
Open House on December 16, 2004 from 1:00 to 5:00 p.m.
4. Correspondence was
received from the Wellsville Volunteer Ambulance Corps thanking the Board for
the donation in memory of Paul W. Stevens, Jr.
INTRODUCTION OF LEGISLATION:
Legislator
Susan Myers introduced Local Law Intro. No. 8-2004, Print No. 1, 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,” a copy of said Local Law
having been placed on each legislator’s desk.
Legislator
Edgar Sherman introduced Local Law Intro. No. 9-2004, Print No. 1, 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,” a copy of said Local Law
having been placed on each legislator’s desk.
(Memo: 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. The new amendment proposed in Local Law Intro. No. 9-2004 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.)
RESOLUTIONS:
RESOLUTION NO. 229-04
RESOLUTION SETTING DATE OF PUBLIC HEARING FOR 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
Offered by:
Planning and Development Committee
WHEREAS, on
this 22nd day of November, 2004, a Local Law (Intro. No. 8-2004,
Print No. 1) was introduced to Amend 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 Board, and
WHEREAS, it will be necessary to set a
date for public hearing on said proposed local law, now, therefore, be it
RESOLVED:
1. That a public hearing shall be held on
December 13, 2004, at 2:00 P.M. in the County Legislators’ Chambers, Room 221,
County Office Building, 7 Court Street, Belmont, New York, before the Allegany
County Board of Legislators, in relation to proposed Local Law Intro. No.
8-2004, Print No. 1.
2. That the Clerk of the Board of Legislators
is directed to prepare, with the assistance of the County Attorney, a notice of
said public hearing, to cause the publication of a copy of said notice in each
of the two newspapers which have been officially designated by this Board to publish
“notices,” and to affix a copy of said notice on the county bulletin board in
the County Courthouse at Belmont, New York; both publication and posting to be
made at least five days before the public hearing.
Moved by: Mrs. Myers Adopted:
Roll Call
Seconded by: Mr. Dibble
14 Ayes, 0 Noes, 1 Absent
RESOLUTION
SETTING DATE OF PUBLIC HEARING ON 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
Offered by:
Ways and Means Committee
WHEREAS, on this 22nd day of November,
2004, a Local Law (Intro. No. 9-2004, Print No. 1) was introduced 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, and
WHEREAS, it will be necessary to set a
date for public hearing on said proposed local law, now, therefore, be it
RESOLVED:
1. That a public hearing shall be held on
December 13, 2004, at 2:00 P.M. in the County Legislators' Chambers, Room 221,
County Office Building, Belmont, New York, before the Allegany County Board of
Legislators, in relation to proposed Local Law Intro. No. 9-2004, Print No. 1.
2. That the Clerk of the Board of Legislators
is directed to prepare, with the assistance of the County Attorney, a notice of
said public hearing, to cause the publication of a copy of said notice in each
of the two newspapers which have been officially designated by this Board to
publish "notices," and to affix a copy of said notice on the county
bulletin board in the County Courthouse at Belmont, New York; both publication
and posting to be made at least five days before the public hearing.
Moved by: Mr.
Nielsen
Adopted: Roll Call
Seconded by: Mr.
Sherman 14 Ayes, 0 Noes, 1 Absent
AMENDMENT
OF 2005 COUNTY TENTATIVE BUDGET
Offered by: Finance Committee
RESOLVED:
1. That the 2005 County Tentative Budget dated
October 5, 2004, is amended as follows:
Appropriations
- General Fund:
Account
No. Account Amendment
A1410.4 County
Clerk Change from $61,900 to $111,900
A1180.4 Justices
& Constables Change from $0 to
$2,000
A3310.4 Traffic
Control Change from $0 to $2,125
A4083.4 Healthy
Heart Change from $2,500 to $0
A6989.4 Tourism
& Culture Change from $233,645 to $213,946
A8160.4 Solid
Waste Change from $559,400 to $487,400
Revenues
– General Fund:
Account
No. Account Amendment
A02.1989.01 Tourism Regional Match Change from $47,416 to $25,729
A10.3474.01 Healthy Heart Change from $2,500 to $0
A10.3715.00 Tourism State Aid Change from $85,000 to
$77,323
Moved by: Mr.
Crandall
Adopted: Roll Call
Seconded by: Mr.
Bennett 14 Ayes, 0 Noes, 1 Absent
(Memo: The adjustments to the 2005 Tentative Budget approved in Resolution No. 231-04 will have a net fiscal impact of $8,210.)
ADOPTION OF 2005 COUNTY FINAL BUDGET
Offered by: Finance Committee
RESOLVED:
1. That the 2005 County Tentative Budget dated
October 5, 2004, as amended and revised, is adopted as the 2005 County Final
Budget.
Moved by: Mr.
Crandall
Adopted: Roll Call
Seconded by: Mr.
Bennett 11 Ayes, 3 Noes, 1 Absent
Voting No: Graffrath, Russo, Sobeck
RESOLUTION MAKING APPROPRIATIONS FOR THE
CONDUCT OF THE COUNTY GOVERNMENT FOR THE FISCAL YEAR
2005
Offered by: Finance Committee
WHEREAS, this Board, by Resolution No. 232-2004, has adopted a budget for
the fiscal year 2005, now, therefore, be it
RESOLVED:
1. That the several amounts specified in the
2005 County Final Budget in the column entitled “Approved 2005” be and they are
appropriated for the objects and purposes specified.
2. This resolution shall take effect on
January 1, 2005.
Moved by: Mr.
Crandall
Adopted: Roll Call
Seconded by: Mr.
Bennett 14 Ayes, 0 Noes, 1 Absent
Resolution Intro. No. 254-04 (A Resolution
in Relation to the Compensation of County Officers and Employees) was TABLED
until December 30, 2004 to allow for the 45-day waiting requirement for
permissive referendum, on a motion made by Legislator Russo, seconded by Legislator
Burdick and carried.
CORRECTION OF TITLES IN THE AFSCME SALARY
PLAN
Offered by:
Personnel Committee
Pursuant to Section 22 of New York Civil
Service Law
WHEREAS,
the Personnel Officer has retitled three (3) positions of employment in the
AFSCME Salary Plan to better denote their work activities, now, therefore, be
it
RESOLVED:
1. That
the following titles in the AFSCME Salary Plan are retitled as follows:
Abstractor to Title Searcher, Fire Dispatcher to Emergency Services Dispatcher,
and Head Fire Dispatcher to Head Emergency Services Dispatcher.
2. That this resolution shall take effect
November 23, 2004.
Moved by: Mr.
Heineman
Adopted: Roll Call
Seconded by: Mr.
Burdick 14 Ayes, 0 Noes, 1 Absent
RESOLUTION LEVYING TOWNS 2005 SHARE OF
ALLEGANY COUNTY
MUTUAL SELF-INSURANCE PLAN
Offered by: Ways and Means Committee
Pursuant to § 67
(2) and § 71 of the Workers' Compensation Law
and § 13 of Local
Law No. 3 of 2002
RESOLVED:
1. That this Board levies the sum of $286,529
upon the taxable property of the Towns participating in the Allegany County
Mutual Self-Insurance Plan, in the proportionate amount which each such Town is
required to pay for such participation as determined by the provisions of
Section 12 of Local Law No. 3 of 2002.
Moved by: Mr.
Nielsen
Adopted: Roll Call
Seconded by: Mr.
Bennett 14 Ayes, 0 Noes, 1 Absent
CREATING ONE POSITION OF COUNTY ENGINEER AND
ABOLISHING ONE POSITION OF PUBLIC WORKS
ENGINEER IN THE
DEPARTMENT OF PUBLIC WORKS DUE TO HUMAN
RESOURCES AND
CIVIL SERVICE DEPARTMENT RECLASSIFICATION
Offered by:
Personnel Committee
WHEREAS,
the Human Resources and Civil Service Department has reclassified one
position of Public Works Engineer in the Department of Public Works to a County
Engineer position, now, therefore, be it
RESOLVED:
1. That
one position of County Engineer is created and one position of Public Works
Engineer is abolished in the Department of Public Works due to Human Resources
and Civil Service Department reclassification.
2. That the new position of County Engineer is
placed in Grade 11 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 on
November 23, 2004.
Moved by: Mr. Dibble
Adopted: Roll Call
Seconded by: Mr.
Truax 14 Ayes, 0 Noes, 1 Absent
(Memo: The reclassification of the Engineer approved by
Resolution No. 236-04 will include performance of civil engineering services
for other County departments, in addition to Public Works, specifically for
review and approval of septic system designs for the County Department of
Health. The position also requires that
the incumbent possess licensure as a Professional Engineer by the State of New
York. The $4,402 difference in salaries
between the abolished position and this new one will be offset by fees received
for septic system approvals and savings from in-house civil engineering design
approval by our own Professional Engineer rather than outside consulting
engineers.)
A motion was made by Legislator Russo,
seconded by Legislator Heineman and carried to TABLE AND REFER BACK TO
PERSONNEL COMMITTEE 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).
Voting No: Graffrath.
A motion was made by Legislator Russo,
seconded by Legislator Heineman and carried to TABLE AND REFER BACK TO
PERSONNEL COMMITTEE 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). Voting No: Graffrath.
ABOLISHING ONE POSITION OF COORDINATOR OF
INTENSIVE CASE MANAGEMENT AND CREATING ONE POSITION OF ASSISTANT DIRECTOR OF
COMMUNITY SERVICES IN THE COMMUNITY SERVICES AGENCY
Offered by:
Human Services and Personnel Committees
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 Coordinator of Intensive Case Management is abolished in the
Community Services Agency and one position of Assistant Director of Community
Services is created in the Community Services Agency.
2. The title of Assistant Director of
Community Services is placed in the Section 4 Salary Plan at an annual salary
of $48,000 and the County Non-Unit Salary Plan is amended to include such
title.
3. This resolution shall take effect November
23, 2004.
Moved by: Mr. Truax
Adopted: Roll Call
Seconded by: Mr.
Russo 14 Ayes, 0 Noes, 1 Absent
(Memo: The new position created by Resolution No. 237-04
reflects the continued growth of mental health programs and services provided
to clients by the Community Services Agency over the last eight years. The $4,725 difference in salaries of the
positions will be covered by funding from New York State with no added local
contribution for salary or benefits.)
APPOINTMENT OF ONE NEW MEMBER AND REAPPOINTMENT OF
ONE MEMBER TO ALLEGANY COUNTY COMMUNITY SERVICES BOARD
Offered by:
Human Services Committee
RESOLVED:
1. That Dana S. Kruser
of Andover, New York, is appointed to the Allegany County Community Services
Board, for the remainder of a four-year term expiring December 31, 2004.
2. That Dana S. Kruser
is reappointed to the Allegany County Community Services Board, with term of
office to commence January 1, 2005, and expire December 31, 2008.
Moved by: Mr. Truax
Adopted: Roll Call
Seconded by: Mr.
Dibble 14 Ayes, 0 Noes, 1 Absent
INCREASING
APPROPRIATION AND REVENUE ACCOUNTS AND TRANSFER OF FUNDS IN THE OFFICE FOR
AGING
Offered by:
Human Services and Finance Committees
RESOLVED:
1. That Office for the Aging Account No. A6779.474
(Caterer) and Revenue Account No. A02.1972.07 (SNAP – LTHHC) are increased by
$3,500.
2. That the sum of $116 is transferred from
Account No. A6775.101 (Regular Pay) to Account No. A6775.402 (Mileage).
Moved by: Mr. Truax
Adopted: Roll Call
Seconded by: Mr.
Sobeck 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 240-04
ACCEPTANCE AND APPROPRIATION OF SUPPLEMENTAL
FUNDS FROM THE
FEDERAL OLDER AMERICANS ACT GRANTS FOR FISCAL
YEAR 2004
Offered by:
Human Services and Finance Committees
RESOLVED:
1. That this Board accepts supplemental funds
in the amount of $524 from the Federal Older Americans Act Grants for fiscal
year 2004.
2. Such funds in the amount of $524 are
appropriated as follows: $84 to Account No. A6773.419; $32 to Account No.
A6783.402; $408 to Account No. A6786.474.
Also $84 to Revenue Account No. A11.4772.01; $32 to Revenue Account No.
A11.4772.07 and $408 to Revenue Account No. A11.4772.10.
Moved by: Mr. Truax
Adopted: Roll Call
Seconded by: Mr.
Sherman 14 Ayes, 0 Noes, 1 Absent
TRANSFER
OF FUNDS WITHIN LAW ENFORCEMENT SHERIFF ACCOUNT
Offered by:
Public Safety Committee
RESOLVED:
1. That
the sum of $7,923 is transferred from Account No. A3110.205 (Furniture and
Equipment) to Account No. A3110.203 (Communications) to cover purchase of grant
funded communication equipment.
Moved by: Mr.
Reynolds
Adopted: Roll Call
Seconded by: Mr.
Bennett 13 Ayes, 1 No, 1 Absent
Voting No: Heineman
TRANSFER OF FUNDS WITHIN PUBLIC WORKS
APPROPRIATION ACCOUNTS
Offered by:
Public Works Committee
RESOLVED:
1. That the following transfers are approved:
From: To: Amount:
A1490.424 A1490.106 $
500
A1620.427 A1620.426
10,000
A8160.412 A8160.422
9,000
D3310.465 D3310.106
500
D5110.413 D5110.422
20,000
Moved by: Mr.
Graffrath
Adopted: Roll Call
Seconded by: Mr.
Sherman 14 Ayes, 0 Noes, 1 Absent
TRANSFER
OF FUNDS FROM COUNTY ROAD FUND
Offered by:
Public Works and Finance Committees
RESOLVED:
1. That the sum of $25,000 is transferred from
Account No. D5110.408 (Maintenance Roads & Bridges – General Supplies) as
follows: $20,000 to Account No. A8160.492 (Solid Waste – Landfill Service), and
$5,000 to Account No. A8160.422 (Solid Waste – Fuel).
2. That the sum of $10,000 is transferred from
Account No. D3310.465 (Traffic Control – Striping) to Account No. DM5130.202
(Road Machinery) to cover the purchase of a tire balancer.
Moved by: Mr.
Graffrath
Adopted: Roll Call
Seconded by: Mr.
Sherman 14 Ayes, 0 Noes, 1 Absent
Copies of an Open Letter to the New York
State Leadership, entitled “Medicaid Makes Counties Unhealthy,” written by
Legislator William Dibble, was distributed for informational purposes. The issue seems to be gaining foothold in
Albany.
AUDITS:
A
motion was made by Legislator Truax, seconded by Legislator Dibble and carried,
that the audits be acted upon collectively and by totals.
A
motion was made by Legislator Nielsen, seconded by Legislator Graffrath 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 Truax,
seconded by Legislator Dibble and carried.