ALLEGANY
REGULAR SESSION
APRIL 28, 2008
** APPROVED
The regular meeting of the Board of
Legislators was called to order at 2:05 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.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall took the floor to
present a certificate to the May 2008 Employee of the Month, Kimberly J.
Francisco, from the Human Resources and Civil Service Department, in
recognition of her hard work and dedication to the County.
Chairman Crandall granted privilege
of the floor to Lee Gridley, Allegany County Fair Board Secretary, who extended
an invitation to the Fair Board Appreciation Dinner to be held on May 13, 2008,
at the Fair Grounds, beginning at 6:00 p.m.
RSVPs are due May 9.
Representatives from the following
agencies or departments were present to answer questions regarding their 2007
Annual Reports:
Mr. Ungermann
asked Social Services Commissioner Patricia Schmelzer if staffing levels could
be decreased since the total number of cases for all programs was down by 206,
with 563 less individuals overall. Ms.
Schmelzer responded that the department is already operating with one less
employee, since an Examiner position was not filled in October. Where previously they had 22 Examiners, they
now have 21. Chairman Crandall asked if
the reduction in caseload was a trend.
Ms. Schmelzer noted that numbers are always higher in winter with
unemployment, and the government is still pushing for increased Medicaid
numbers. Over the past five years,
numbers have stayed pretty constant. Caseloads
are continually monitored.
Mr. Ungermann
questioned
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. Placed
on each legislator’s desk was a copy of the Board meeting minutes of April 14,
2008 for review.
2. Also
placed on each legislator’s desk was a copy of a press release and information
from the Soil and Water Conservation District regarding the Genesee River Hazard
Mitigation Projects in Amity and
3. Correspondence
was received from the New York State Office of Homeland Security updating the
Board on the status of the federally mandated National Incident Management
System (NIMS), and recognizing the efforts of John Tucker, Allegany County NIMS
Point of Contact, in making this achievement possible.
4. Correspondence
was received from the Town Board of Genesee opposing the adoption of a County
Assessing System.
5. Correspondence
was received from the Town of
6. Correspondence
was received from Cattaraugus County Board Chairman Crystal Abers voicing their
agreement that
7. A
news release was received from Southern Tier West Regional Planning and
8. An
agenda and information were received regarding the Going Green Festival to be
hosted by Alfred State College and sponsored by the ACCORD Corporation and WNY
Energy $mart Communities on Friday and Saturday, May 2 through 3, from 9 a.m.
to 3 p.m. at the Alfred State College School of Applied Technology Campus, 2530
South Brooklyn Avenue in Wellsville.
9. Announcement
was made of public meetings scheduled to begin updates to Region 9’s portion of
the Open Space Plan to be held on April 30 and May 1, from 7 to 8:30 p.m. at
the Crossroads Commerce and
10. There
will be a special Committee of the Whole meeting at 7 p.m. on Thursday, May 8,
in the Legislative Board Chambers.
11. The
annual Fair Board Appreciation Dinner will be held on Tuesday, May 13, at the
Fair Grounds beginning at 6:00 p.m. All
legislators and their guests are invited to attend.
APPOINTMENTS:
The Clerk of the Board announced
that Chairman Curtis W. Crandall has appointed Valerie Perkins of
Chairman Crandall has reappointed
Susan F. Myers of Friendship, New York, and Theodore L. Hopkins of Fillmore,
New York, as members of the SOUTHERN
TIER WEST REGIONAL PLANNING AND DEVELOPMENT BOARD for a three-year term
commencing June 1, 2008 and expiring May 31, 2011. This appointment is subject to confirmation
by the Board of Legislators.
Chairman Crandall, in a joint
measure with Crystal Abers, Chairman of the Cattaraugus County Board of
Legislators, has appointed Brad Monroe to replace Jeff Grenzer for the
remainder of his three-year term on the CATTARAUGUS-ALLEGANY
WORKFORCE INVESTMENT BOARD which expires on December 31, 2009.
Chairman Crandall, in a joint
measure with Crystal Abers, Chairman of the Cattaraugus County Board of
Legislators, has appointed the following to serve on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD YOUTH COUNCIL:
Vicki Livermore of
Amber Hollowell of
Denise Beeles-Johnson of
PROCLAMATION:
Chairman Curtis W. Crandall
proclaimed the week of April 27 through May 3, 2008 as Volunteer Week in
RESOLUTIONS:
RESOLUTION
NO. 70-08
AMENDMENT OF RESOLUTION NO. 242-2007 TO
DECREASE SALARY OF SECOND ASSISTANT
Offered by:
Personnel and Ways and Means Committees
WHEREAS, salaries set forth in the annual salary
resolution fixing the salaries of various titled employees relate to incumbents
holding those positions, and
WHEREAS, an incumbent's salary takes into
consideration that individual’s years of experience as both an employee of
Allegany County as well as other work experience, and
WHEREAS, the
WHEREAS, the
RESOLVED:
1. That Section 6. of Resolution No.
242-2007 is amended to change the salary of Second Assistant County Attorney
from $57,778 to $54,000.
2. This resolution shall take effect April
28, 2008.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 71-08
A RESOLUTION INCREASING THE
PART-TIME CORRECTION OFFICERS HOURLY RATE
Offered by:
Personnel and Ways and Means Committees
RESOLVED:
1. That the hourly rate of Part-Time
Correction Officers is increased from $9 to $13 when hired, and upon completion
of field training the hourly rate is increased to $15.
2. This resolution shall become effective
April 29, 2008.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. McCormick 14
Ayes, 1 No, 0 Absent
Voting
No: Burdick
RESOLUTION
INTRO. NO. 73-08 (RESOLUTION ESTABLISHING SOLID WASTE USER FEES FOR YEAR 2009)
WAS DEFEATED on a roll call vote of 4 Ayes, 11 Noes, 0 Absent. (Voting No:
Benson, Burdick, Crandall, Dibble, Fanton, Hall,
Mr. Ungermann noted that the increased fees
will barely cover the increased cost of doing business.
Mr. Russo commented that every time the County
needs to increase revenue, it falls on the shoulders of the taxpayers in the
form of increased property taxes or fees.
He would rather see a reduction in the size of government or cutting services.
Mr. Pullen pointed out that presently, user
fees are not supporting the cost of the landfill, which he feels should be covered
by user fees and not through the General Fund.
Mr. Reynolds stated that we’ve been considering other options for several
years. It’s time to look to the future and
have the landfill be fully funded by its users.
RESOLUTION
NO. 72-08
RESOLUTION IN SUPPORT OF
Offered by:
Ways and Means Committee
WHEREAS, the
tremendously high property tax burden on New York families and businesses is
the number one issue facing our community today, and the sheer cost of living
in New York has forced many residents and businesses to leave, thus slowing the
economic engine of the state, and
WHEREAS, young
people are finding it difficult to purchase homes, seniors are struggling to
maintain their homes, and businesses are facing immense challenges to create
and retain jobs, and
WHEREAS, New
Yorkers face the highest property taxes in the nation, and when measured as a
percentage of home value, nine of the top 10 property tax rates in the entire
country belong to counties in New York; and the State must act now to thwart
the detrimental effects that high property taxes are having on local
governments, and
WHEREAS, Assembly
Minority Conference Members have introduced the "New York State Property
Taxpayers Protection Act" (Assembly Bill 8775-A), which puts forth new and
innovative ideas for property tax reform that limit the amount school districts
can raise annually through local tax levies to four percent or the rate of
inflation, whichever is less; in addition the Act would relieve municipalities
and school districts of unfunded mandates, reduce county Medicaid costs,
strengthen financial accountability over school tax dollars, promote local
government efficiency, and encourage local option insurance pooling, and
WHEREAS, the
"New York State Property Taxpayers Protection Act" will help fix
RESOLVED:
1. That
this Board of Legislators pause in its deliberations to acknowledge New York
State's property tax crisis and urge the immediate passage and chaptering of
the "New York State Property Taxpayers Protection Act," which will
help local governments reinvigorate New York's economy by providing incentives
for people and businesses to move and stay here.
2. That the Clerk of this Board is
directed to send a copy of this resolution to the Governor of the State of New York,
the Temporary President of the New York State Senate, the Speaker of the New
York State Assembly, Senator Catharine M. Young, and Assembly Members Joseph M.
Giglio and Daniel J. Burling.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 73-08
RESOLUTION AUTHORIZING THE SUBMISSION OF
AN APPLICATION TO THE NEW YORK STATE
DEPARTMENT OF TRANSPORTATION
FOR A PUBLIC TRANSPORTATION OPERATING
ASSISTANCE GRANT
Offered by:
Ways and Means Committee
WHEREAS, the
County of Allegany is submitting a request for a grant of funds to the New York
State Department of Transportation, pursuant to Section 5311, Title 49 United
States Code, for a project to provide public mass transportation service for Allegany
County, with service extending to Bath and Olean by First Transit, Inc. for the
2007 and 2008 fiscal years, and
WHEREAS, the
RESOLVED:
1. That
the Chairman of the Allegany County Board of Legislators is authorized to act
on behalf of the
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Dibble 12
Ayes, 3 Noes, 0 Absent
Voting
No: Burdick, Fanton, O’Grady
(Memo: Regarding Resolution No. 73-08, Federal
Section 5311 Funds being applied for total $56,000 for 2007 and $58,800 for
2008.)
Comments made regarding Resolution No. 73-08 included: Mr. O’Grady
commented that the bus system extends to
Mr. Russo stated that we need to do everything
possible to keep the bus system running, although it needs to be improved. Many people rely on the buses to obtain
necessary medical care.
Mr. Pullen noted that the County can’t
continue to underwrite the bus system at a cost of several hundred thousand dollars
per year; it needs to be provided cost effectively.
RESOLUTION
NO. 74-08
REAPPROPRIATION OF UNEXPENDED 2007 CALENDAR
YEAR FUNDS RECEIVED FROM THE GOVERNOR‘S TRAFFIC SAFETY PROGRAM STEPS IN SAFETY
GRANT (YOUTH EDUCATION AND SAFETY PROGRAM)
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That the Governor’s Traffic Safety
Program STEPS in Safety Grant funds in the amount of $1,638 not expended in
calendar year 2007 are reappropriated to Account No. A3114.4 (Traffic Program –
Contractual) with a like sum credited to Revenue Account No. A10.3389.3114
(State Aid – STOP DWI – STEPS in Safety).
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Hopkins 15
Ayes, 0 Noes, 0 Absent
(Memo: Regarding Resolution No. 74-08, the original
grant was accepted by Resolution No. 222-06, and was for $4,700.)
RESOLUTION
NO. 75-08
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That
Homeland Security Grant funds in the amount of $24,800 not expended in calendar
year 2007 are appropriated to Account No. A3645.217 (Homeland Security –
Equipment) with a like sum credited to Revenue Account No. A10.3306.SHF7
(Homeland Security – Sheriff).
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
(Memo: Regarding Resolution No. 75-08, the original
grant was accepted by Resolution No. 83-07, and was for $24,800. Sheriff Tompkins noted that the funds would
be used for communication system enhancement.)
RESOLUTION
NO. 76-08
TRANSFER OF FUNDS WITHIN EMERGENCY SERVICES
ACCOUNTS
Offered by:
Public Safety Committee
RESOLVED:
1. That
the sum of $2,700 is transferred from Account No. A3640.207 (Emergency
Services) to Account No. A3640.414 (Rent – Real Property), to pay rent expenses
for EMS Training Classes in the Crossroads Commerce and
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
(Memo: Regarding Resolution No. 76-08, funds being
transferred are part of a one-time grant from the State Legislative Branch to
be used as needed. The referenced
RESOLUTION
NO. 77-08
TRANSFER OF FUNDS FROM
CONTINGENT ACCOUNT TO
JAIL CONTRACTUAL EXPENSES
ACCOUNT
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That the sum of $26,000 is transferred
from Account No. A1990.4 (Contingent) to Account No. A3150.408 (Jail –
Contractual Expenses).
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
(Memo: The transfer approved by Resolution No. 77-08
was needed to cover the higher than anticipated cost of general supplies
related to the increased jail population.
Expenses for this account in 2005, 2006, and 2007 were $6,960, $14,670,
and $31,845 respectively. First quarter
2008 expenses totaled $21,379.80 including approximately $7,000 for inmate
clothing, and it is anticipated that the $26,000 transferred from contingent
will cover remaining 2008 expenses.
Actions are being taken to lower costs, such as the purchase of sewing
machines to allow working inmates to mend inmate clothing items, and the
identification of new suppliers.)
RESOLUTION
NO. 78-08
APPROVAL OF SOUTHERN TIER TASK
FORCE
DRUG ENFORCEMENT PROGRAM
AGREEMENT WITH
SHERIFF TO ADMINISTER AGREEMENT
Offered by: Public Safety Committee
RESOLVED:
1. That Agreement entitled "Southern
Tier Task Force Drug Enforcement Program," with the
2. That the Chairman of this Board is
authorized to execute such Agreement.
3. That the Allegany County Sheriff shall
be responsible for the administration of the Agreement as to
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No.
78-08: Sheriff Tompkins noted that the
benefits of participation in the drug enforcement programs are the combined
efforts toward drug enforcement in the three county area. There have been forfeitures of cash and
property, but that is only a by-product.
The program reimburses a portion of personnel costs, and he believes it
is beneficial for the County to participate.
Mr. Reynolds stated that he was not convinced
the program is cost-effective, and asked that the County consider having its
own task force. It might be more
productive for
RESOLUTION
NO. 79-08
APPROVAL OF AGREEMENT BETWEEN
CITY OF
SOUTHERN TIER DRUG ENFORCEMENT
PROGRAM;
AUTHORIZING CHAIRMAN TO
EXECUTE CONTRACT;
SHERIFF TO ADMINISTER CONTRACT
Offered by: Public Safety Committee
RESOLVED:
1. That "Contract between
2. That the Chairman of this Board is
authorized to execute such Contract.
3. That the Allegany County Sheriff shall
be responsible for the administration of the Contract as to
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Truax 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 80-08
APPROVAL OF AGREEMENT WITH
OFFICE OF HOMELAND SECURITY; ACCEPTANCE AND
APPROPRIATION OF HOMELAND SECURITY GRANT FUNDING FOR (PROJECT NO. WM07838272);
RATIFYING BOARD CHAIRMAN'S SIGNATURE
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That
agreement with the New York State Office of Homeland Security and funding in
the amount of $46,700 to establish and enhance regional response teams (Project
No. WM07838272) is approved.
2. That the sum of $46,700 is appropriated
to Account No. A3645.217 (Homeland Security – Equipment) with a like sum
credited to Revenue Account No. A10.3306.SHF7 (Homeland Security – Sheriff).
3. That the signature by the Chairman of
this Board is ratified.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No. 80-08: Sheriff Tompkins explained that the “enhance regional response teams” language has
been used in some of the Homeland Security grant applications because it’s one
of the acceptable purposes. Once
approved, we can use the grant according to approved spending criteria. A good portion of both grants being applied
for will be utilized to address some of our communication system problems.
RESOLUTION
NO. 81-08
APPROVAL OF CONTRACT BETWEEN
DEPARTMENT OF CORRECTIONAL
SERVICES' OFFICE OF NUTRITIONAL SERVICES AND
Offered by:
Public Safety Committee
RESOLVED:
1. That the Contract for the sale of food
products between the New York State Department of Correctional Services' Office
of Nutritional Services and the County for period commencing May 1, 2008 to
April 30, 2011, is approved.
2. That the Allegany County Sheriff is
authorized to execute said Contract.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No. 81-08: Sheriff Tompkins noted that there should be a
savings of at least 50 percent in food costs, although he hasn’t seen the final
numbers.
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 Reynolds, seconded by Legislator Truax and adopted on a roll call
vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $1,554,759.73,
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 Reynolds and carried.