ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

APRIL 14, 2008

** 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: 14 Present; 1 Absent (Legislator Truax).

APPROVAL OF MINUTES:

The Board meeting minutes of March 24, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Hopkins and carried.

The Committee of the Whole minutes of March 24, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Hopkins and carried.

PUBLIC HEARING:

Chairman Crandall closed the regular meeting to hold a public hearing on the submission of an application for a Small Cities Community Development Block Grant for replenishment of the County’s Revolving Loan Fund. (This public hearing was the second of two; the first one was held March 10.) There being no one desiring to speak, the public hearing was declared closed, and the Board reconvened in regular session.

PRIVILEGE OF THE FLOOR:

Representatives were present from the following departments or agencies to answer questions regarding their 2007 Annual Reports: County Historian, Information Technology, Parks and Forests, Soil and Water Conservation District, and Weights and Measures.

Chairman Crandall granted privilege of the floor to the following:

Crime Victims Coordinator Shannon Ozzella, Southern Tier Child Advocacy Center CEO Donna Kahm, and Joyce Louser from Senator Catharine Young’s Office addressed the Board concerning Crime Victims Awareness Month.

Ms. Ozzella spoke on the need to seek justice for the victims of crime, numbering more than 23 million every year, the most vulnerable of which are the children. April is also National Child Abuse Prevention Month. Allegany County will hold its annual Crime Victims Ceremony on April 25 at Moonwinks in Cuba. Jean Fowler, author of the book “Peter’s Lullaby,” a story of abuse from a child’s perspective, will be the guest speaker. Legislators were invited to attend.

Ms. Kahm presented information on the Child Advocacy Center located in Olean which serves Cattaraugus, Chautauqua, and Allegany Counties. The Center was developed through the coordinated efforts of several different service agencies and justice groups to allow children victimized by crime to be served in one location. Since October 1, 2007, the Center has dealt with 94 cases; 25 children were from Allegany County. They are currently waiting to hear if a second center can be established in Allegany County due to the much greater than anticipated need.

Ms. Louser read a proclamation by Senator Catharine M. Young commemorating National Crime Victims’ Rights Week, April 13 to 19, 2008, which provides an opportunity for our State to recognize that all victims are afforded their legal rights and provided with assistance as they face the financial, physical, and psychological impacts of crime.

Comprehensive Plan Committee Chairman Charles Jessup presented copies of the Allegany County Comprehensive Plan and gave a short recap of the process to provide the Legislative Board with the first County Comprehensive Plan. The Committee, established in May 2007, along with professional consultants, reviewed many plans, studies, and reports written in the past ten to fifteen years, conducted surveys, and held informational meetings in all five legislative districts seeking input. The Comprehensive Plan will never be considered “finished,” but is a work in progress with a process included for periodic review and updating. Mr. Jessup thanked all those involved with the process for their efforts and the hundreds of hours of their time. With this submission of the draft document, the process is entering the SEQRA approval step, with a resolution to be considered later in the meeting for lead agency status. Chairman Crandall applauded the Committee’s efforts, and commented that he was not sure the historical impact is fully realized. This is a first for the County and a very important step. In the past, the County has missed out on grant funding due to not having a Comprehensive Plan.

John Foels, Development Director and IDA Executive Director; Dr. Shirley Mullen, Houghton College President and Houghton Foundation Chairman; Kimberley Toot, Office for the Aging Director; and Wallace Higgins, Allegany Senior Foundation Chairman, addressed the Board concerning proposed County leasing of space at the Crossroads Commerce and Conference Center.

John Foels spoke on the vision for Allegany County’s development and gave a brief history of the Crossroads Commerce and Conference Center. After assessment of development delivery procedures in 2003 through 2004, it became apparent there was a need for a physical structure and a partnership with a team of related agencies. In 2004, the Industrial Development Agency approached the Legislature when the Houghton Academy South building became available, at which time the County entered into a lease agreement for location of the Offices of Development, Tourism, and Planning at the Crossroads Center. The IDA has responsibility for the property, but the Houghton Foundation still retains ownership. The building is now full, with the Offices of Development, Tourism, Planning, and IDA being joined by these other valuable partners: Empire State Development, Friendship Empire Zone, Jamestown Community College, ACCORD Business Center, County Chamber of Commerce, and the Allegany Area Foundation. The next phase will be to review the lease contract entered in 2004. Mr. Foels thanked the Houghton Foundation, as an important partner in this project. The Center has allowed them the opportunity for confidentiality with potential development, and conferences held there number in the thousands.

Dr. Shirley Mullen presented the Crossroads Center situation from Houghton College’s standpoint. Since coming to the college two years ago, her determined focus has been on the educational mission of the college. This included rethinking the issues of the Houghton Foundation and getting out of property management. Once they determined to move out of the ownership of the Crossroads property, they wanted to do it in the most responsible way. Since the Industrial Development Agency had been leasing it, it was important to give them first privilege for an offer. In late fall, an opportunity was presented to work with Office for the Aging and a project for the benefit of senior citizens, and they considered selling at a lower price. If they are able to sell the property in a way that will benefit the County, it will fulfill their goals.

Kimberley Toot gave information on services for seniors and the opportunities and challenges they face. In less than 20 years, the over-age-60 population will increase by 40 percent, and there will be fewer older people with family nearby to help. As boomers have defined the market place, they will also define how aging services look. Services will be based on strengths, health, and wellness. In order to meet the challenges, we must create partnerships with colleges, services, foundations, and faith-based centers, working together to help keep seniors in their communities. Services should be easily accessible, with the parking lot next to the front door, all on the ground floor, in one location, easy to find, enough room for group activities and space for confidential interviews, and on the bus route. At the direction of New York State, Office for the Aging has been working with Department of Social Services for a single point of entry for long term care. NY Connects kicked off in February and calls for the co–location of OFA, DSS, and Veterans’ Services. This co-location had to be postponed until the right space could be found. The Crossroads Center is ideal: it’s located mid-County, and it’s accessible, with enough land for future development. The partnership can make it happen.

Wallace Higgins addressed the Board on the Allegany Senior Foundation, which was created four years ago to meet the unmet needs of our senior population. A change of venue is needed for the Office for the Aging due to increased personnel, lack of space, safety issues, and to address future growth and activities and future mandates. The senior population is growing at a rate that can’t be overlooked, and we need a safe haven for Office for the Aging and our seniors. Crossroads fulfills that need. A senior center will allow our senior citizens to congregate, be productive, and enjoy activities. The Houghton Foundation has made a generous offer. They are ready to help this dream come true and make Allegany County a leader in senior services. Allegany Senior Foundation is planning to expand its Board from eleven members to fourteen, and to create a separate corporation to raise funds for the next phase and beyond. Mr. Higgins presented the IDA with a donation from the Senior Foundation to be used for research and design of space at the Crossroads Center for the Office for the Aging and senior services.

Legislation will be considered later in the meeting regarding the IDA leases. Although he doesn’t normally voice his opinions on upcoming legislation, Chairman Crandall stated that he feels strongly on these issues and all the efforts that have gone into them. No one group could have put this together, and we wouldn’t have been able to get to this point without Houghton College, Houghton Foundation, IDA, and the Senior Foundation and their interest and support of senior services. Chairman Crandall thanked those who gave presentations, and also recognized individuals attending in support from the Office for the Aging Citizens Advisory Board, the Senior Foundation, and others. (A handout entitled “Partners for a Dream” is attached to the original minutes.)

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

1. Placed on each legislator’s desk was a copy of the 2007 Annual Report of the County Treasurer of the monies received and disbursed by her in connection with the licensing of dogs and protection of domestic animals there from in accordance with Article 7 of the Agriculture and Markets Law. A motion was made by Legislator Hall, seconded by Legislator Pullen and carried to accept the report and direct the County Treasurer to refund the apportioned 75 percent of the surplus to the various towns.

2. Placed on each legislator’s desk for review were copies of the 2007 Annual Reports for the following departments and agencies: County Administrator, Development, Election Board (Addendum), Industrial Development Agency (IDA), Planning Board, Social Services, and Tourism.

3. Placed on each legislator’s desk were copies of the Reports of Tax Bill Corrections approved by the County Administrator in February and March 2008.

4. Also placed on each legislator’s desk were copies of the Reports of Intrafund Transfers approved by the County Administrator in February and March 2008.

5. The 2006 Journal of Proceedings books have been received and are available in the Clerk of the Board’s Office.

6. Notice was received for the next Inter-County Association meeting to be hosted by Orleans County on Friday, April 18, in Albion.

7. Southern Tier West Regional Planning and Development Board forwarded a news release and minutes from their March 20 meeting, as well as a notice of meeting for April 17.

8. Correspondence was received from Senator Catharine Young confirming receipt of Resolution No. 25-08 (Urging New York State to Establish Policies that will Assist in the Development of Oil and Gas Resources in the State). Senator Young indicated that she plans to introduce legislation easing the boundary requirements on shallow oil well drilling in New York State.

9. Correspondence was received from Beverly Grantier supporting the County’s proposed plan to lease space at Crossroads from the IDA and to have the IDA develop space for a senior services complex, including space for the Office for the Aging, NY Connects, Veterans’ Services, and wellness activities.

10. Correspondence was received from United Way EITC Coordinator Joyce Weimer requesting Allegany County Employers to help spread the word and raise awareness of Earned Income Tax Credit and financial literacy.

11. A notice was received of the 2008 Office for the Aging Senior Forum to be held at the Genesee Valley Central School in Belmont on April 18 from 8:30 a.m. to 2:00 p.m.

12. Correspondence was received from Preston Lucas supporting the Board’s consideration of moving the Office for the Aging to the Crossroads Center. Mr. Lucas suggested that the Board also consider moving the Motor Vehicles Division of the County Clerk’s Office to a more accessible area.

RESOLUTIONS:

RESOLUTION NO. 60-08

SALE OF TAX LANDS IN VILLAGE OF ANDOVER AND TOWN OF CLARKSVILLE

Offered by: Ways and Means Committee

WHEREAS, the Village of Andover, 4 Main Street, Andover, New York 14806 has agreed to Terms of Sale and offered the sum of $1.00 plus current years taxes for a deed of the County's interest in premises formerly assessed on the tax rolls to C & C International Serv and described as follows:

ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Village of Andover, County of Allegany and State of New York, described as follows, viz: 71 East Greenwood St .25 Acre Tax Map No. 216.15-2-39, and

WHEREAS, the Clarksville Volunteer Fire Company, Inc., (No Street or Number), P. O. Box 24, West Clarksville, New York 14786 has agreed to Terms of Sale and offered the sum of $1.00 for a deed of the County's interest in premises formerly assessed on the tax rolls to Doxey, Jack E and described as follows:

ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Clarksville, County of Allegany and State of New York, described as follows, viz: Rt 305 .59 Acre Tax Map No. 232.6-1-49.2, and

WHEREAS, the Ways and Means Committee believes that the Terms of Sale and the above sums offered are fair and reasonable and the best that can be obtained under the circumstances and that the sales will be advantageous to the County, now, therefore, be it

RESOLVED:

1. That such agreed to Terms of Sale and monetary offers are accepted and the Chairman of this Board is authorized and directed to execute on behalf of the County of Allegany and to cause to deliver to such purchasers a quit claim deed of the County's interest in such premises, and to attach to such deeds the official seal; all upon satisfaction of the Terms of Sale and full payment to the County Treasurer of the monetary offers.

Moved by: Mr. Reynolds Adopted: Roll Call

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

Comments made regarding Resolution No. 60-08: Mr. Pullen noted that it has been past practice of the Board to make tax foreclosure properties available for municipalities to access if they are interested.

RESOLUTION NO. 61-08

A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE

2008 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED WITH REGARD TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN; DIRECTING MAILING OF NOTICES OF APPROVAL OF APPLICATIONS FOR CORRECTED TAX ROLLS AND ORDERING THE VARIOUS TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS; PROVIDING FOR CHARGE BACKS OR CREDITS

Offered by: Ways and Means Committee

Pursuant to Real Property Tax Law § 554

WHEREAS, applications for the taxpayers hereafter described have been made to the County's Director of Real Property Tax Service Agency for the correction of certain errors affecting their real property on various tax rolls, and

WHEREAS, the Director has transmitted to this Board the applications, in duplicate, together with a written report of his investigation of the claimed errors and his written recommendation for action thereon by this Board as to each application, and

WHEREAS, this Board has examined each application and report to determine whether the claimed error exists, now, therefore, be it

RESOLVED:

1. That with regard to the applications for the named taxpayers pertaining to claimed errors regarding their real property on the respective tax rolls of the named Towns, this Board of Legislators does determine that the claimed errors as alleged in those applications exist and does approve those applications.

2. That the Chairman of this Board is authorized and directed to make a notation on those applications and the duplicates thereof that they are approved, to enter thereon the respective correct extension of taxes as set forth by the Director in his report, to enter thereon the respective date of mailing of a notice of approval, to enter thereon the date of mailing of a certified copy of this resolution to the proper Tax Collector, and to sign thereon as Chairman.

3. That the Clerk of this Board is directed to mail to the below listed taxpayers a notice of approval stating, in substance, that their application made has been approved, to inform the Chairman of this Board of the date of the mailing thereof, and to inform such respective taxpayers of the applicable provisions of subdivision seven of Section 554 of the Real Property Tax Law.

4. That the Tax Collector of the Town of Andover is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

a. Austin, William R; Parcel 228.-1-21.116

Assessment: Land $61,600 Total $61,600

this parcel was given the wrong assessment and should have been charged a school relevy, and by reducing the Total Taxable Value to $38,400, and by correcting the County and Town taxes, as follows:

Allegany County $ 613.66

Town of Andover 405.48

Fire 34.81

School Relevy 778.24

Total $ 1,832.19

and the County Treasurer is directed to make the following credit and charges:

Allegany County $ 370.75

Town of Andover 244.98

Fire 21.03

School Relevy (778.24)

Total $ (141.48)

b. Austin, Judith; Parcel 228.-1-21.111

Assessment: Land $61,600 Total $61,600

this parcel was given the wrong assessment and a school relevy, and by reducing the Total Taxable Value to $45,800, and by correcting the County and Town taxes, as follows:

Allegany County $ 731.91

Town of Andover 483.62

Fire 41.52

Total $ 1,257.05

and the County Treasurer is directed to make the following credit and charges:

Allegany County $ 252.50

Town of Andover 166.84

Fire 14.32

School Relevy 2,066.35

Total $ 2,500.01

5. That the Tax Collector of the Town of Wellsville is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

a. Baker, Michael; Parcel 239.14-1-19

Assessment: Land $7,800 Total $63,000

this parcel was charged for a village relevy which had already been paid, and by correcting the County and Town taxes, as follows:

Allegany County $ 950.46

Town of Wellsville 257.72

Total $ 1,208.18

and the County Treasurer is directed to make the following charges:

Village Relevy $ 1,428.04

b. Jones, Darren; Parcel 239.37-1-56

Assessment: Land $5,800 Total $110,000

a village relevy was added to this parcel by mistake, and by correcting the County and Town taxes, as follows:

Allegany County $ 1,659.54

Town of Wellsville 449.98

School Relevy 2,810.70

Total $ 4,920.22

and the County Treasurer is directed to make the following charges:

Village Relevy $ 1,026.83

6. That the Tax Collector of the Town of Wirt is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

a. Dust Bowl Oil Co.; Parcel 188.-1-996

Assessment: Land $1,241 Total $1,241

this parcel should not have had an assessment because there was no oil production, and the County Treasurer is directed to make the following charges:

Allegany County $ 25.28

Town of Wirt 22.91

Total $ 48.19

7. That the Clerk of this Board is directed to forthwith mail a certified copy of this resolution to the various Tax Collectors for the Towns stated above together with the original copies of those applications completed in accordance with section two of this resolution.

8. The Clerk of this Board shall mail a copy of this resolution to the above named School and the amount to be charged to each School shall not be charged until 10 days after such mailing. Such amount shall be deducted by the County Treasurer from the money payable to each School as a result of school taxes returned after the date such amount is charged and which shall be paid to each School after May 1, 2008. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2008.

Moved by: Mr. Reynolds Adopted: Roll Call

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

RESOLUTION NO. 62-08

ACCEPTANCE OF GRANT FUNDS FROM THE

NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES FOR

A 2007-2008 CENTRALIZED PROPERTY TAX ADMINISTRATION PROGRAM (CPTAP) STUDY OF A COUNTY-WIDE ASSESSING PROGRAM; APPROPRIATION OF GRANT FUNDS TO ASSESSMENTS CONTRACTUAL EXPENSES ACCOUNT

Offered by: Ways and Means Committee

RESOLVED:

1. That a grant in the amount of $25,000 from the New York State Office of Real Property Services is accepted.

2. That the accepted sum of $25,000 is appropriated to Account No. A1355.432 (Assessments – Contractual) with a like sum credited to Revenue Account No. A10.3089.1355 (Tax Assessment Grant).

Moved by: Mr. Reynolds Adopted: Roll Call

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

RESOLUTION NO. 63-08

ACCEPTANCE OF CHECKS FROM NEW YORK MUNICIPAL INSURANCE RECIPROCAL (NYMIR), STATE FARM FIRE AND CASUALTY COMPANY AND

SELECTIVE WAY INSURANCE COMPANY FOR REIMBURSEMENT TO DAMAGED COUNTY VEHICLES; APPROPRIATION OF FUNDS

Offered by: Ways and Means Committee

RESOLVED:

1. That the sum of $1,500 from New York Municipal Insurance Reciprocal (NYMIR) representing a reimbursement of the deductible for damage to County vehicles on November 19, 2007, is accepted. The accepted sum is appropriated to the 2007 accounts receivable as follows: $1,000 to Account No. H380.2007 (H5997.200 – Vehicle Replacement, H07.2680.00 – Insurance Recovery) and $500 to Account No. CS380.2007 (CS1931.429 – Uninsured Property Loss, CS07.2680.00 – Insurance Recovery).

2. That the sum of $933.97 from State Farm Fire and Casualty Company representing the costs to repair a County 2005 Ford Focus, is accepted. The accepted sum is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680.00 (Insurance Recovery).

3. That the sum of $1,412 from Selective Way Insurance Company representing a reimbursement of expenses in the amount of $612 that the County paid to Brico Technologies for labor and travel fees associated with assessing and removing equipment from the two vehicles that were totaled during the November 19, 2007 police pursuit in Wellsville, and a settlement on the remaining $999 worth of equipment that was damaged and/or destroyed during the November 19, 2007 police pursuit in Wellsville, is accepted. The accepted sum of $1,412 is appropriated to the 2007 accounts receivable as follows: $612 to Account No. CS380.2007 (CS1931.429 – Uninsured Property Loss, CS07.2680.00 – Insurance Recovery) and $800 to Account No. H380.2007 (H5997.200 – Vehicle Replacement, H07.2680.00 – Insurance Recovery).

Moved by: Mr. Reynolds Adopted: Roll Call

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

(Memo: In Resolution No. 63-08, paragraphs 1 and 3 relate to two totaled vehicles and one repaired vehicle involved in the November 19, 2007 Wellsville police pursuit, and the settlement in paragraph 2 was for repair to our Health Department vehicle that was damaged on March 6 when State Farm’s insured backed into it.)

RESOLUTION NO. 64-08

TRANSFER OF FUNDS WITHIN OFFICE FOR THE AGING

OFA-SPOE PROGRAM ACCOUNT

Offered by: Human Services Committee

RESOLVED:

1. That the sum of $4,000 is transferred from Account No. A6787.101 (Regular Pay) to Account No. A6787.424 (Advertising).

Moved by: Mr. Dibble Adopted: Roll Call

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

(Memo: The transfer approved in Resolution No. 64-08 is for the Single Point of Entry NY Connects program.)

RESOLUTION NO. 65-08

APPROVAL OF LEASE AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY FOR

APPROXIMATELY 5,275 SQUARE FEET OF SPACE IN THE

CROSSROADS COMMERCE CENTER LOCATED AT 6087 STATE ROUTE 19, BELMONT, NEW YORK

Offered by: Ways and Means Committee

RESOLVED:

1. That Lease Agreement between the County of Allegany and Allegany County Industrial Development Agency for space at the Crossroads Commerce Center, covering a five-year period commencing April 15, 2008, at a monthly rental fee of $4,833, is approved.

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

Moved by: Mr. Reynolds Adopted: Roll Call

Seconded by: Mr. Pullen 11 Ayes, 3 Noes, 1 Absent

Voting No: McCormick, O’Grady, Ungermann

(Memo: The lease approved by Resolution No. 65-08 is for space currently used for Office of Development, Planning, and Tourism, along with accommodations for conferencing and storage/training facilities for the Office of Emergency Services provision of training classes for Emergency Medical Technicians.)

Comments made regarding Resolution No. 65-08: Mr. O’Grady questioned the current Crossroads lease payments. County Administrator John Margeson responded that the County currently pays $6,000 annually in lease payments for the Offices of Development, Planning, and Tourism. EMS training space lease payments bring the total close to $15,000. Since John Foels holds both positions of Development Director and IDA Executive Director, part of the space is occupied jointly by IDA and the County. The new lease agreement is for five years, with a 60-day escape for both parties. The $58,000 was not budgeted for, so it will come from the contingent account for 2008 and will be budgeted for under departmental budgets from then on. Mr. O’Grady expressed concern with the Courthouse addition and office space renovation projects and the resulting vacated spaces. There are a lot of unknowns, and he feels it’s premature to go into a five-year lease with anyone until we look at all the spaces we currently have and fill them all as well as we can. This lease will be $43,000 more annually than what is currently being paid.

Mr. Ungermann commented that the Crossroads building was appraised at $750,000, assessed for $640,000, but the IDA’s purchase price was only $400,000. (The discrepancy was answered by the presentations during privilege of the floor.) Mr. Ungermann also noted other problems with the property such as poor driveway access, large cracks in the basement walls, the large wood-frame structure was cheaply and hastily erected, the roof has leaked, lack of air conditioning, the water filtration system for removal of iron and arsenic has to be continually maintained, private septic system, concrete slabs in front of doors are heaved and broken, and the IDA has admittedly put $125,000 into the building. These issues pertain to a building that is only nine years old.

Mr. Ungermann questioned the IDA’s (Industrial Development Agency’s) leasing to the County, and stated he didn’t realize that County government was considered “industry.” A recent meeting between several government entities regarding the Genesee River encroachment problem on State Route 19 was held at the Crossroads building, and they were charged for the meeting room. Is renting to government agencies how the IDA is surviving? Is a public hearing supposed to be held before the IDA buys property? Mr. Ungermann felt the purpose of the IDA was to promote the development of tax-paying business and employment in the private sector, and they have helped with expansion of existing businesses, but for how long? Tracewell didn’t stay. There are four empty or partially empty buildings in Cuba and more space at the airport in Wellsville. Mr. Ungermann asked to see a listing of new businesses and jobs in the County.

Mr. Pullen noted his involvement with these leasing issues as a member of the Office for the Aging Citizens Advisory Council, especially the second phase for development of space for Office for the Aging. The purpose of the IDA is not to provide space to County government, but to facilitate development of other agencies by providing space for Development, Empire Development Zone, and the other functions that have been housed there that have been key to developing businesses and bringing businesses in. This is possible because of the initiative taken by the Houghton Foundation and the Office of Development. Resolution No. 65-08 simply maintains the space the County has been using for approximately $300,000 over a five-year period. The County’s leasing of the facility will allow those other agencies to remain there, and in addition there is the bonus of the possibility of expansion. The check from the Senior Foundation will help to investigate the expansion for senior services. They have identified that this would work for them; they looked at numerous other locations, and none were as suitable or as reasonable.

Mr. McCormick spoke on his interest in urban planning, and the Crossroads area doesn’t fit. Development areas should be established where development exists. Belmont is the County seat; people come here for services. He spoke with Raymond DeTine from the Belmont Betterment Association about the former school building, which is close to the other County offices. It’s nice property, maybe not adequate for core services for the County, but there would be all kinds of space for all the services talked about today. Mr. McCormick stated he’s for free market and what the market can bear. Let the market decide what the Crossroads property is worth.

Mr. Hopkins commented that it is important to understand that the IDA has increased the number of jobs in the County, and gave the examples of the windfarm and Alstom. New York State is difficult. Right now, with all the agencies housed at the Crossroads Center, we have one-stop shopping for development. If we’re going to be competitive, we have to be the best. We can’t fragment those services. The future of the County is economic development, and we have to create jobs and increase the tax base. All this resolution is doing is keeping the current agencies right there and continuing to operate as we have been.

Mr. Reynolds commented that several years ago, the County considered the purchase of the former Belmont school, and this current Board rejected it also, so it’s not pertinent to the discussion. Mr. Reynolds also noted that the IDA has been productive, and Houghton’s efforts can’t be discounted. We also can’t discount what the Office for the Aging and the seniors have asked for.

RESOLUTION NO. 66-08

APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ALLEGANY AND THE ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY REGARDING A LEASE AGREEMENT FOR SPACE IN PROPERTY KNOWN AS THE CROSSROADS COMMERCE CENTER

Offered by: Ways and Means Committee

RESOLVED:

1. That the Memorandum of Understanding between the County of Allegany and the Allegany County Industrial Development Agency regarding a lease agreement for space in property known as the Crossroads Commerce Center located at 6087 State Route 19N, Suite 100, Belmont, New York is approved.

2. That upon the approval of this resolution by the Allegany County Board of Legislators, the Memorandum of Understanding shall be forwarded to the Court Facilities and County Space Needs Committee.

3. That the Chairman of this Board is authorized to execute the Memorandum of Understanding.

Moved by: Mr. Reynolds Adopted: Roll Call

Seconded by: Mr. Fanton 9 Ayes, 5 Noes, 1 Absent

Voting No: Kruger, McCormick, O’Grady, Russo, Ungermann

(Memo: Resolution No. 66-08 addresses the potential lease of additional office space to be developed by the IDA for Office for the Aging, Veterans’ Service Agency, and the New York Connects Single Point of Entry System.)

Comments made regarding Resolution No. 66-08: Chairman Crandall clarified that the Memorandum of Understanding only commits the County to enter into an open agreement in which the IDA will come back with a proposal and a plan for Office for the Aging space needs on the Crossroads property. A subsequent resolution would be required for the actual lease. This only indicates our interest to explore.

Mr. Kruger questioned if the land proposed for expansion is suitable. He noticed that the present building is not insulated properly, dormers are cut in for circulation but are in the wrong place, the roof ridge is not ventilated and the shingles have curled, the foundation is cracked, and the front patio concrete has heaved. The building has hydrology problems, and a new building on the same property might have the same issues. We need to be careful and identify barriers such as septic system expansion costs, and not jump in just because we might miss this deal.

Mr. Fanton questioned if this resolution will allow the investigation of expansion without any responsibility on the part of the Legislature, and Chairman Crandall stated that was correct, and any possible issues would be clarified.

County Attorney Thomas Miner explained that the resolution puts the County in the position that if we like the proposal, development would be done to our specifications. The IDA will work on the expansion and lease it to the County for similar terms as the other lease. This resolution simply gives the County the right of first refusal and gets the IDA to work with us to develop the land, but doesn’t actually commit the County.

Mr. Ungermann noted that the Office for the Aging, Veterans’ Services, and a portion of the Health Department all serve the elderly, and services should be set up as one-stop shopping. Recently, he and Public Works staff went to West Valley to look at steel buildings that needed to be moved. Estimates of approximately $175,000 prohibited moving them here. It was later discovered that for about the same price, plus foundation, a new steel building (60’ x 150’ or 9,000 sq. ft.) could be built. Three of those buildings as shell space would cost less than $600,000 for the same square footage as the $14 million Courthouse addition proposed for behind the present Courthouse. Mr. O’Grady had suggested building a pre-engineered steel building near the new County Jail and Public Safety Facility early in the Courthouse project discussions. Mr. Ungermann suggested building a senior center out there, which would keep it away from the Interstate and the resulting traffic snarl if development comes in, as it will.

Mr. O’Grady sympathized with Office for the Aging conditions, but the Court Facilities and County Space Needs Committee hasn’t completed investigating what will be done with vacated spaces in the County Office Building following the Courthouse addition and renovations. In the terms of the Memorandum of Understanding being approved by Resolution No. 66-08, the County lease is to cover the costs to finance the building space, or in other words, the County will be financing what will be owned by someone else. Mr. O’Grady stated he would rather refer the matter to committee for review.

Mr. Reynolds mentioned the other County offices still located off-site, and if they are brought back in, any open space resulting from the Court Facilities project will be used very quickly.

Chairman Crandall clarified that if the resolution is approved, it will be forwarded on to the Court Facilities and County Space Needs Committee. Existing space needs are being looked at, and we are very short on required square footage for existing departments without bringing other departments in as well.

Mr. Ungermann noted that pre-engineered steel buildings are very versatile and can be expanded, i.e. for records storage needs. He appreciates the concerns expressed in the letters from senior citizens promoting the senior center, but also remembers letters from large businesses paying taxes expressing concern about what their taxes will be.

RESOLUTION NO. 67-08

AUTHORIZING AGREEMENT WITH THE ALLEGANY WESTERN STEUBEN

RURAL HEALTH NETWORK FOR RETAINAGE OF A CONSULTANT TO PREPARE A HUMAN SERVICE TRANSPORTATION PLAN; ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS FROM THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION

Offered by: Ways and Means Committee

WHEREAS, the County of Allegany wishes to enter into an agreement with the Allegany Western Steuben Rural Health Network for the provision of services associated with the development of a Coordinated Human Service Transportation Plan, now, therefore, be it

RESOLVED:

1. That an agreement between the Allegany Western Steuben Rural Health Network and the County of Allegany for the purpose of retaining an independent consultant for the preparation of a Human Service Transportation Plan, is approved.

2. That grant funds in the amount of $55,000 from the New York State Department of Transportation to assist in retaining an independent consultant are accepted and shall be appropriated to an Account designated by the County Treasurer.

Moved by: Mr. Reynolds Adopted: Roll Call

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

Voting No: Burdick

(Memo: Resolution No. 67-08 approves an agreement with the Allegany Western Steuben Rural Health Network who will retain a consultant by means of an RFP process. The consultant will evaluate the strengths and weaknesses of the current transportation services in the County, analyze current funding streams and ridership, and prepare recommendations for maximizing cost effective public and private transportation services.)

Comments made regarding Resolution No. 67-08: Mr. O’Grady noted that the County has spent between $300,000 to $400,000 to maintain the bus system, and he questioned if we would be accepting the grant just to try to save an already sinking ship.

Mr. Hall commented that this is part of the process to re-engineer the system so we don’t have to keep putting money into it. This Legislature will not continue to support this system, but needs to find a different way to provide the service.

Chairman Crandall noted that periodic progress reports will be given; the agreement will not be open ended. This is one step to correct a bad financial situation. We will probably have an answer prior to budget time. When the system began, the County was only a pass-through, but that’s not the way it is today.

Mr. Fanton stated he is not in favor of the way the bus transportation system is running and will support the studies, but he wants follow up. Six years ago, at the time of conception, we were told no tax money would be involved, but $320,000 has been spent in the last couple of years to keep it going. There is no incentive for the system to make money, and that has to change.

Mr. Ungermann asked for total ridership figures. The only way for the system to survive is increased ridership and fees. He supported the study, but felt it could be a waste of time.

Mr. Russo commented that a lot of the people who do use the transportation system are going to doctor visits and chemotherapy. We worked hard to get this program, and we have to work equally hard to keep it and track it.

Resolution Intro. No. 69-08 (A Resolution Proposing Allegany County as Lead Agency for Purposes of the SEQR Review of the Allegany County Comprehensive Plan; Directing the Chairman to Notify Involved Agencies of Such Proposed Status; and Directing Preparation of the Requisite Environmental Assessment Form) was not pre-filed and was considered from the floor on a motion made by Legislator Fanton, seconded by Legislator Reynolds and carried.

RESOLUTION NO. 68-08

A RESOLUTION PROPOSING ALLEGANY COUNTY AS LEAD AGENCY

FOR PURPOSES OF THE SEQR REVIEW OF THE

ALLEGANY COUNTY COMPREHENSIVE PLAN; DIRECTING THE CHAIRMAN TO NOTIFY INVOLVED AGENCIES OF SUCH PROPOSED STATUS; AND DIRECTING PREPARATION OF THE REQUISITE ENVIRONMENTAL ASSESSMENT FORM

Offered by: Public Works Committee

WHEREAS, the draft of the proposed Allegany County Comprehensive Plan has been completed, and

WHEREAS, under the State Environmental Quality Review Act various actions which may have a significant impact on the environment require a process of governmental review, and

WHEREAS, pursuant to Part 617 of the regulations adopted under the State Environmental Quality Review Act, the adoption of a County Comprehensive Plan constitutes a Type I action requiring the preparation of a Full Environmental Assessment Form, and

WHEREAS, in order to conduct the appropriate environmental review a Lead Agency must be established to coordinate the review process, and

WHEREAS, as the project sponsor Allegany County appears best suited to undertake the role of Lead Agency, now, therefore, be it

RESOLVED:

1. That Allegany County undertakes to act as Lead Agency for purposes of the environmental review of its County Comprehensive Plan.

2. That the Chairman of the Board of Legislators is authorized and directed to prepare the requisite Environmental Assessment Form and advise all involved agencies of the County’s desire to serve as Lead Agency for purposes of the environmental review process.

Moved by: Mr. Fanton Adopted: Roll Call

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

Resolution Intro. No. 70-08 (Resolution in Support of the Application of the Allegany County Department of Health for a Licensed Home Care Services Agency (LHCSA) Operating Certificate) was not pre-filed and was considered from the floor on a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried.

RESOLUTION NO. 69-08

RESOLUTION IN SUPPORT OF THE APPLICATION OF THE

ALLEGANY COUNTY DEPARTMENT OF HEALTH FOR A

LICENSED HOME CARE SERVICES AGENCY (LHCSA) OPERATING CERTIFICATE

Offered by: Human Services Committee

WHEREAS, the Allegany County Department of Health is in the process of closing its Certified and Long Term Home Health Care programs, and

WHEREAS, the Health Department needs to be able to continue home visits to perform various health related tasks such as Well Baby checkups, and

WHEREAS, the Health Department, in conjunction with the Cattaraugus County Health Department, has applied for a Welcome Baby grant through the New York State Department of Health, and

WHEREAS, a major component of the Welcome Baby program comprises prenatal and postpartum home visits, and

WHEREAS, providing in home visits to address the health and welfare of our expectant mothers and babies is critical to assuring the well-being of these children and their future success as members of our society, and

WHEREAS, the Health Department will be unable to undertake home visits and carry out this critical health care role without the appropriate legal authority authorizing the Department to provide such services, now therefore, be it

RESOLVED:

1. That the Allegany County Board of Legislators supports the application of the Allegany County Department of Health to receive a Licensed Home Care Services Agency (LHCSA) operating certificate.

2. That the Clerk of the Board is directed to provide a certified copy of this resolution to the Allegany County Department of Health and the New York State Department of Health.

Moved by: Mr. Dibble Adopted: Roll Call

Seconded by: Mr. Reynolds 9 Ayes, 5 Noes, 1 Absent

Voting No: Burdick, Kruger, McCormick, O’Grady, Ungermann

Comments made regarding Resolution No. 69-08: Public Health Director Lori Ballengee explained that presently only one nurse does Well Baby visits on referrals for high-risk babies. A Welcome Baby grant that was applied for, which is due in July, requires working in conjunction with Cattaraugus County and saves two other nurse positions. That program will provide home visits for high-risk mothers prior to birth. Whereas now the nurse only sees high-risk babies, if the grant comes through, nurses will see mothers for education and services prior to birth. The grant would sustain the two additional positions. The Welcome Baby grant is for five years, and if we get it, we will probably keep it. The nurse positions will be eliminated if the grant ends. Mr. Ungermann questioned if anyone else could perform the visits. Ms. Ballengee responded that Willcare might do it, but she sees it as a public health function. Mr. O’Grady commented that if someone else can do the visits, he is inclined to consolidate all nursing services into one area. Mr. Fanton asked if the visits were made following doctor referrals, and Ms. Ballengee responded that was correct. Visits are made if the need is there and the money is there.

AUDITS:

A motion was made by Legislator Reynolds, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals.

A motion was made by Legislator Reynolds, seconded by Legislator Hopkins and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $4,278,794.65 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $2,540,323.)

ADJOURNMENT:

The meeting was adjourned at 4:00 p.m. on a motion made by Legislator Kruger, seconded by Legislator Pullen and carried.