ALLEGANY
REGULAR SESSION
** APPROVED
The regular meeting of the Board of
Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall,
who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen.
ROLL CALL: 15 Present; 0 Absent.
APPROVAL OF
MINUTES:
The Board meeting minutes of September
22, 2008 were approved on a motion made by Legislator Dibble, seconded by
Legislator Truax and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall granted privilege
of the floor to County Administrator John Margeson, LaBella Associates Project
Engineer Mike Schaffron, and Municipal Solutions Financial Advisors David
Allardice and Mary Chapel for an update on the Crossroads Area Water and Sewer Project.
Mr. Schaffron reported that the
project has been submitted to the Comptrollers’ Office for approval, and the
design was completed in July. Submissions
have been made to town, county, state, and federal organizations with
jurisdiction. They have gone through the
review and made responses at the town and local level, and are now working through
permit issues with the DEC and Army Corps of Engineers. Four miles of water main will be installed
from Friendship, with one additional mile of twelve-inch main to be run from
the 350,000-gallon storage tank. The sanitary
system will include five miles of six-inch forced main with three pump stations. The water and sewer lines will be installed
on opposite sides of the road due to the requirement for a ten-foot
separation. There are still some land
acquisitions to obtain. Anticipated
timeline includes bidding for the project in January, with bids due in February,
contracts awarded in March, and groundbreaking in May. Construction should be completed in one
season, with possibly a little surface restoration in the following year.
Mr. Margeson stated that LaBella
Associates have established a cost estimate of $6.5 million for both utilities. Chairman Crandall, IDA Director John Foels,
and Mr. Margeson have been working with our financial advisors at Municipal
Solutions to identify low-interest loan funding and grants. Ms. Chapel reported on their preliminary
investigation of funding sources: Economic
Chairman Crandall took the floor to
present a check for $500 to Allegany Senior Foundation President Wallace
Higgins. The Senior Foundation is a non-profit
organization established several years ago by Mr. Higgins and a few others to
help seniors above and beyond what government is able to. They have accomplished a great deal in
support of programs for seniors. Mr.
Higgins expressed his appreciation for the check, which they will put to good
use, and he acknowledged Office for the Aging Director Kim Toot and the Senior Foundation. The Foundation was formed almost four years
ago and has been a successful endeavor.
They help to fill the gaps in services for seniors. Mr. Higgins is pleased for the support the
Foundation has had. The
Chairman Crandall granted privilege
of the floor to Deputy Elections Commissioner Elaine Herdman for a HAVA (Help
America Vote Act) update. Programmers are
currently helping to set up the new voting machines for use in the November election.
Ms. Herdman explained how the new system
will be used and noted that there is an operational machine in the office for
people to examine. This year we will use
our current lever machines and will be introducing the new optical scan machines
for audio sessions for the disabled voters.
Anyone may use the new machines, but will have to use them as they are
set up for the disabled and go through the entire audio session. It will take an estimated average of 15 to 20
minutes per voter to vote on the new machine this year. If the machines are certified for next year,
voters will be able to mark on preprinted ballots that will then be fed into
the tabulator, the machine will show the vote cast, the voter will accept it,
and the form will go directly into the ballot box, taking no more than two to
three minutes. Three training sessions
for inspectors have been conducted. The federal
government mandated that the system was to be in place this year, and
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. Placed
on each legislator’s desk was a copy of the Report of Intrafund Transfers
approved by the
2. Also
placed on each legislator’s desk was a copy of the Allegany County 2009
Tentative Budget. There will be a Committee
of the Whole meeting on October 15 at 10:00 a.m. to discuss the budget.
3. The
County Treasurer filed the Audit Report prepared by Eldredge, Fox & Porretti
for the year ending December 31, 2007 in the Clerk of the Board’s Office on
September 30, 2008.
4. The
County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Lien for
property in the Town of
5. The
Southern Tier West Regional Planning and
6. Notice
was received for the next
7. An
invitation was received from the Farm Bureau to attend a tour for an inside
look at
8. Correspondence
was received from Congresswoman Kirsten Gillibrand and Senator Catharine Young
acknowledging receipt and support of our Resolution No. 166-08 entitled,
“Resolution Calling on the New York Congressional Delegation to Support an Increase
in the Federal Medical Assistance Percentage (FMAP) to Provide New York Counties
with Property Tax Relief.”
9. Correspondence
was received from Noble Environmental Power notifying us that the Town of
10. Copies
of correspondence were received from Public Works Superintendent David S.
Roeske appointing John Mancuso as Deputy Superintendent I and Guy R. James as
Deputy Superintendent II.
11. Received
from the Town of
12. On
October 11, Chairman Curtis Crandall presented a Certificate of Appreciation to
Walter Lang in recognition of his tenure as a Trustee to the FASNY Firemen’s
Home in
13. The
Legislators’ Annual Christmas Party will be held on Friday, December 19, at the
Beef Haus in Wellsville.
INTRODUCTION OF LEGISLATION:
Legislator
RESOLUTIONS:
RESOLUTION
NO. 167-08
RESOLUTION SETTING DATE OF PUBLIC HEARING ON
A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF
CERTAIN
Offered by: Ways and Means Committee
WHEREAS, on the 14th day of October, 2008, a local law (Intro. No. 4-2008, Print No. 1) was introduced to provide increases in the compensation of certain county officers, and
WHEREAS, it will be necessary to set a date for public hearing on such proposed local law, now, therefore, be it
RESOLVED:
1. That a public hearing shall be held on October 27, 2008 at 2:00 P.M. in the County Legislators' Chambers, Room 221, County Office Building, 7 Court Street, Belmont, New York 14813, before the Allegany County Board of Legislators, in relation to proposed Local Law Intro. No. 4-2008, 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. Reynolds Adopted: Voice Vote
Seconded by: Mr. Fanton
RESOLUTION
NO. 168-08
RESOLUTION SETTING DATE OF PUBLIC HEARING ON
2009 COUNTY TENTATIVE BUDGET AND PROVIDING CONTENTS OF SUCH NOTICE
Offered by: Ways and Means Committee
WHEREAS, the 2009 County Tentative Budget has been presented to this Board together with a copy of the proposed appropriation resolution, and
WHEREAS, it is necessary to hold a public hearing on the Budget before any further action can be taken on the Budget and on the appropriation resolution, and
WHEREAS, it is necessary to provide notice to the public of such public hearing and to also include in such notice or in a separate notice published in the same manner and at the same time as such notice of public hearing, a statement of the maximum salary that may be fixed and payable during the year 2009 to the members of the County Board of Legislators and to its officers, now, therefore, be it
RESOLVED:
1. That a public hearing on the 2009 County Tentative Budget shall be held in the Legislators' Chambers, Room 221, at the County Office Building, 7 Court Street, Belmont, New York, at 7:00 P.M. on November 6, 2008.
2. That the notice of public hearing shall include a statement that the 2009 maximum salary for members of the Board of Legislators and the maximum salary that may be fixed and payable during fiscal year 2009 to the Majority Leader, Minority Leader, and Board Chairman are as follows:
Members of the Board of Legislators $8,500. annual
Chairman of the Board of Legislators $8,500. annual
Majority Leader of Board $300. annual
Minority Leader of Board $300. annual
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. Hall
RESOLUTION
NO. 169-08
Offered by: Personnel Committee
RESOLVED:
1. That one new position of Deputy County Administrator is created.
2. That the new position of Deputy County Administrator is placed in Section 4. of the Non-Unit Salary Plan with a salary to be determined at a later date.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Russo 9
Ayes, 6 Noes, 0 Absent
Voting
No: Burdick, Kruger, McCormick, O'Grady,
Truax, Ungermann
Comments made regarding Resolution No. 169-08: Concerns were voiced about whether both the
positions of
RESOLUTION
NO. 170-08
Offered by: Personnel Committee
RESOLVED:
1. That Thomas Hennessy of
Moved by: Mr. Hall Adopted: Voice Vote
Seconded by: Mr. Pullen
RESOLUTION
NO. 171-08
MEMORIALIZING STATE LEGISLATURE TO CAUSE CORRIDOR STUDIES TO BE DONE OF
THE EXTENSION SOUTHERLY OF
THE EXTENSION EASTERLY OF
Offered by: Ways and Means Committee
WHEREAS, the County is desirous of
promoting economic development and tourism in
WHEREAS, the present
WHEREAS, a review of the State Highway System shows that there is a lack of an East-West state route and a lack of a North-South state route through the northeast quadrant of Allegany County, and
WHEREAS, the northeast quadrant of
WHEREAS, Allegany County is a very poor County and needs the help of the state to provide transportation routes as most of the public roads in the northeast 25 percent of the County are not paved, and
WHEREAS, the placement of an East-West
route, by extending State Route 243, would encourage development in this area
and would also provide access from Swain to Rushford and Cuba Lake as well as
access to the Economic
WHEREAS, a review of the State Highway System shows that State Route 408 presently exists as a two-lane highway from its intersection with I-390 near Mt. Morris, New York, and thence southerly through Livingston County to Dalton, New York, and
WHEREAS, the placement of an extended
State Route 408 would provide a North-South two-lane highway access to the
Economic
WHEREAS, the extension of State Route 408 as a two-lane highway southerly from Dalton, New York, through Allegany County to intersect with State Route 19 at Transit Bridge would encourage development along the proposed route and would provide access from the more urban areas north of Livingston County, such as the Interstate 390 Corridor, to Allegany County, and
WHEREAS, the extension of State Route 408, to run southerly and southwesterly along existing unimproved town roads and county roads through the hamlet of Aristotle to Transit Bridge, would provide easier access for tourists to visit Allegany County, and
WHEREAS, it is understood that such proposed extension of State Route 408 and such proposed extension of State Route 243 are included in the State Department of Transportation’s Long Range Plan, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators hereby memorializes the New York State Legislature to pass legislation which would require that two corridor studies be done: the first for the extension of State Route 243 from its existing terminus at its intersection with State Route 19, easterly to the Garwood/State Route 70 area; and the second for the extension of State Route 408 from its existing terminus in Dalton southerly and then southwesterly through Aristotle to the Transit Bridge/State Route19/State Route 17 area.
2. That certified copies requesting support of this resolution be forwarded to County of Livingston, New York State Senator Dale M. Volker, Assemblyman Joseph A. Errigo, Village of Mount Morris, Town of Mount Morris, Town of Nunda, Town of Ossian, Village of Dansville, County of Steuben, New York State Senator George H. Winner, Jr., Assemblyman James G. Bacalles, and Town of Dansville.
3. That certified copies of this Resolution be forwarded to New York State Governor David Paterson, New York State Senator Catharine M. Young, Senate Majority Leader Dean G. Skelos, Assembly Speaker Sheldon Silver, Assemblyman Daniel Burling, Assemblyman Joseph M. Giglio, Commissioner of Transportation Astrid C. Glynn, NYSAC, and the Inter-County Association of Western New York.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Dibble 9
Ayes, 6 Noes, 0 Absent
Voting
No: Kruger, McCormick, O'Grady, Russo,
Truax, Ungermann
RESOLUTION
NO. 172-08
ACCEPTANCE OF MEMBER ITEM FUNDING FROM
STATE SENATOR CATHARINE YOUNG
FOR PURCHASE OF EQUIPMENT FOR THE PROBATION DEPARTMENT; APPROPRIATION
OF FUNDING TO PROBATION EQUIPMENT ACCOUNT
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That the sum of $3,500 of member item funding from State Senator Catharine Young to the Probation Department of Allegany County to offset the cost associated with the purchase of 14 American Body Armor (Model 2-2) Bulletproof Vests, is accepted.
2. That the accepted sum of $3,500 is
appropriated to Account No. A3140.2 (Probation - Equipment) with a like sum
credited to a Revenue Account to be determined by the
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
(Memo: The total cost of the bulletproof vests
referred to in Resolution No. 172-08 is $12,390. Federal funds will cover 50 percent, leaving
a balance of $6,195. After the member
item funding of $3,500 is applied, $2,695 remains as the County share.)
RESOLUTION
NO. 173-08
TRANSFER OF FUNDS
WITHIN SPECIAL EDUCATION PHC
CONTRACTUAL
EXPENSES ACCOUNT
Offered by: Human Services Committee
RESOLVED:
1. That the sum of $450,000 is transferred from Account No. A2960.421 (Tuition/Center-Based) to Account No. A2960.442 (Related Services).
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Hopkins 15
Ayes, 0 Noes, 0 Absent
(Memo: The Preschool Special Education Account
transfer approved by Resolution No. 173-08 was necessary to cover services
projected through December 31 based on current statistics. The reason the account was under budgeted is
that more children are receiving services via Related Services, meaning in the
home, daycare, etc. – what the state considers to be the least restrictive
environment.)
RESOLUTION
NO. 174-08
TRANSFER OF FUNDS
WITHIN COUNTY CLERK ACCOUNTS
Offered by: Personnel Committee
RESOLVED:
1. That the sum of $250 is transferred
from Account No. A1410.401 (
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 175-08
TRANSFER OF FUNDS WITHIN EMPLOYMENT AND TRAINING
APPROPRIATION ACCOUNTS
Offered by: Ways and Means Committee
RESOLVED:
1. That the transfers of the following appropriations are approved:
Appropriations
From: To: Amount:
CD1 6400.101 CD1 6403.806 $10,000
CD1 6400.101 CD1 6412.475 2,300
CD1 6400.101 CD1 6403.101 2,000
CD1 6401.474 CD1 6410.806 4,500
CD1 6402.101 CD1 6402.806 4,000
CD1 6406.101 CD1 6412.806 3,500
CD1 6406.201 CD1 6403.474 1,000
CD1 6406.474 CD1 6412.101 7,000
CD1 6406.474 CD1 6412.474 3,000
CD1 6406.474 CD1 6413.474 2,500
CD1 6414.101 CD1 6415.101 1,000
CD1 6414.802 CD1 6415.803 600
CD1 6795.101 CD1 6794.101 7,500
CD1 6795.101 CD1 6794.802 5,000
Total $53,900
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Truax 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 176-08
TRANSFER OF FUNDS WITHIN SHERIFF ACCOUNTS;
TRANSFER OF FUNDS FROM CONTINGENCY TO
SHERIFF ACCOUNTS
Offered by: Ways and Means and Public Safety Committees
RESOLVED:
1. That the sum of $20,000 is transferred from Account No. A3110.101 (Sheriff-Administrative) to A3150.423 (Jail-Contractual).
2. That the sum of $77,900 is transferred from A1990.4 (Contingent) to the following Sheriff contractual accounts: $1,800 to A3110.401 (Postage); $4,000 to A3110.407 (Office Supplies); $25,000 to A3110.422 (Gas/Oil); $500 to A3150.401 (Postage); $1,600 to A3150.404 (Maintenance); $45,000 to A3150.423 (Food Supply).
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 177-08
RESOLUTION AUTHORIZING
AN AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION
(NYSDOT) ACTING AS THE DESIGNATED RECIPIENT (DR) FOR FTA GRANT FUNDS FOR
IMPLEMENTATION OF THE ALLEGANY COUNTY MOBILITY MANAGEMENT PLAN
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That this Board authorizes the
2. The amount of funding to be received by
the
3. That the Chairman of this Board of Legislators is authorized to enter into such Agreement.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Reynolds 14
Ayes, 1 No, 0 Absent
Voting
No: Burdick
Comments made regarding Resolution No. 177-08: Legislator O'Grady questioned if the $250,000 funding was for one or two years, and
whether we would be committing to the full two years. Mr. Margeson responded that it was for two
years, and although he has not seen the agreement yet, if the County wished to
opt out after the first year, typically the balance of funds would be returned.
Resolution Intro No. 182-08 (RESOLUTION AUTHORIZING COUNTY OF ALLEGANY TO ENTER INTO AN AGREEMENT WITH
PUBLIC SECTOR HR CONSULTANTS, LLC AND EMPLOYEE SERVICES, INC.; TRANSFER OF
FUNDS FROM CONTINGENT ACCOUNT TO FINANCE COST OF A WORKPLACE VIOLENCE
PREVENTION PROGRAM) was DEFEATED following a roll call vote of 7 Ayes, 8 Noes,
0 Absent. Voting No: Benson, Kruger, McCormick, O'Grady, Pullen,
Russo, Truax, Ungermann. Discussion
included: Some legislators felt that the
development of a Workplace Violence Prevention policy could be done in-house,
while others felt the issue was complicated and outside consultants would
accomplish the task according to state requirements in a more timely manner.
RESOLUTION
NO. 178-08
APPROVAL OF AGREEMENTS WITH THE TOWNS OF
CANEADEA AND FRIENDSHIP, AND VILLAGES OF
IN RELATION TO THE DISPOSAL OF COUNTY LANDFILL
LEACHATE
AT TOWN AND VILLAGE WASTE WATER TREATMENT
PLANTS;
AUTHORIZING BOARD CHAIRMAN TO EXECUTE
AGREEMENTS
Offered by: Public Works Committee
RESOLVED:
1. That Agreements between the County of Allegany and the Towns of Caneadea and Friendship, and Villages of Bolivar, Cuba, and Wellsville, in relation to the County’s disposal of leachate at the Towns’ and Villages’ waste water treatment plants for the period January 1, 2009 to December 31, 2009, are approved.
2. That the Chairman of this Board is authorized to execute the Agreements.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Ungermann 15
Ayes, 0 Noes, 0 Absent
(Memo: The terms of the agreements approved by Resolution No. 178-08
remain the same as for the past several years at $.025 per gallon.)
RESOLUTION
NO. 179-08
APPROVAL OF AGREEMENT WITH DENTRUST DENTAL
TO PROVIDE DENTAL CARE FOR INMATES AND DETAINEES
AT THE ALLEGANY
Offered by: Public Safety Committee
RESOLVED:
1. That the Agreement between Allegany County and Dentrust Dental New York, P.C. for the provision of dental care for inmates and detainees at the Allegany County Jail is approved.
2. That the prior execution of such agreement by the Chairman of this Board is hereby approved and ratified.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Truax 15
Ayes, 0 Noes, 0 Absent
(Memo: Regarding Resolution No.
179-08, currently there are no
AUDITS:
A motion was made by
Legislator Truax, seconded by Legislator Kruger and carried, that the audits be
acted upon collectively and by totals.
A motion was made by
Legislator Truax, seconded by Legislator Kruger and adopted on a roll call vote
of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $5,458,163.69 including
prepaid expenses, be approved for payment as recommended by the County
Administrator. (
ADJOURNMENT: The meeting was adjourned following a motion made by Legislator Truax,
seconded by Legislator Dibble and carried.