ALLEGANY COUNTY BOARD OF LEGISLATORS
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. The American Legion Color Guard 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 Committee of the Whole meeting
minutes of July 28, 2008 were approved on a motion made by Legislator Reynolds,
seconded by Legislator Dibble and carried.
The Board meeting minutes of August
11, 2008 were approved on a motion made by Legislator Dibble, seconded by
Legislator Reynolds and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall took the floor to
present a Certificate of Recognition to Cariad (Cary) Chester from Alfred, who
was selected as one of the two 2008 New York State Boys State delegates to Boys
Nation, a program sponsored by the American Legion. Walt Lindsley, American Legion’s representative
in Allegany County, and an American Legion Color Guard were present to honor
Cary. Mr. Crandall stated that Mr.
Chester’s selection for Boys Nation is a big honor for him, as well as for
Allegany County. Cary is a student at
Alfred-Almond Central School, and was one of two delegates, or “Senators,”
chosen from the 990 New York State Boys State participants to attend Boys
Nation, which included 98 representatives from throughout the United
States. Selection was based on
leadership skills, academic record, and activity at Boys State. The program introduces participants to the
structure and function of the federal government, while combining lectures and
forums with visitations to federal agencies, institutions, memorials, and
historical spots in and around Washington, DC.
American Legion representative Walt Lindsley
spoke briefly about the Boys State program, for which he has volunteered as a
counselor every year since his retirement.
Allegany County sends between 15 and 22 boys each year, and they are
great young men who attend. He felt
honored that Cary was selected for Boys Nation.
The American Legion doesn’t have a finer program than Boys State.
Cary Chester thanked the Board for
the honor, and noted that the Legionnaires deserve credit for the Boys State program. He had a wonderful time, and was amazed when he
found out he had been chosen for Boys Nation.
Cary met President Bush and Senator John Kerry, had the opportunity to
speak with Senator Hillary Rodham Clinton, and met a lot of great kids. While at Boys Nation, participants worked on
legislation. Everyone brought a bill
with them, and they spent five to six hours a day debating them in mock
session. Some bills were actually looked
at by the President and Senators. Cary
stated that he could speak for hours on his experiences with this great
program.
Chairman Crandall granted privilege
of the floor to Gretchen Gary, Soil and Water Conservation District Executive
Director, to recognize three Allegany County farmers who will be receiving
Agricultural Environmental Management (AEM) awards for outstanding stewardship
and commitment to soil and water conservation.
The farms include: Bainbridge Family
Farm in West Almond, operated by Mark and Jackie Bainbridge; Hark Farm in
Dalton, operated by Vance and Tammy Hark; and Hillcrest Homestead Farm in
Rushford, operated by Aaron and Catherine Brooks. AEM is a voluntary, incentive-based program
that helps farmers operate environmentally sound and economically viable
businesses. There are presently 93 Allegany
County farms participating. The three farms
receiving awards in 2008 were selected for excellent environmental conservation
practices, and will be given road signs to show their high level of commitment
to protect our environment.
Chairman Crandall also granted
privilege of the floor to Robert P. Christian, Executive Director for the Allegany
County Area Foundation, who thanked the Board for their support. The Foundation is proudly celebrating its 25th
anniversary this year. Assets of the Foundation
have grown to nearly $7 million, all coming from Allegany County people. In this current year, the number of
scholarships awarded to young people will total 147, amounting to nearly $250,000;
and grants totaling nearly $18,000 were given to local not-for-profit agencies.
Although the organization is growing,
alive, and well, they have had to turn down 80 student scholarship
applications, and they are receiving more applications for grants than they will
be able to meet this year. Mr. Christian
requested continued support for Foundation activities, particularly their
annual Recognition Banquet. He encouraged
attendance, gifts of support, and sharing with constituents that the foundation
is here to help the County to grow.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. The
County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Lien in
the Clerk of the Board’s Office pursuant to Article 11 of the Real Property Tax
Law of the State of New York for property in the Town of Scio on August 22,
2008.
2. Correspondence
was received from the Whitesville Fire Department requesting that the Board of
Legislators vote in favor of accepting the NYS Public Safety Interoperable
Communications Grant in the amount of $1,700,475.96.
3. Noted
as received was the NYS Department of Environmental Conservation Fact Sheet
dated August 2008 entitled, Cleanup to Begin at the Cuba Landfill Site.
4. A
reminder was announced that there will be a Public Officials Conference tonight
(August 25) at 5:30 p.m. at the Amity Rescue Squad, and a working buffet dinner
will be provided.
APPOINTMENTS:
The Clerk of the Board announced
that Chairman Crandall has reappointed Thomas Parmenter of Fillmore, NY, and
Rodney K. Bennett of Dalton, NY, as Landowner Representative Members of the REGION 9 FOREST PRACTICE BOARD, for a
term of three years, commencing September 9, 2008, and expiring September 8,
2011, subject to confirmation by the Board of Legislators.
PROCLAMATIONS:
Chairman Crandall
proclaimed the week of August 24, 2008, as Agricultural Environmental
Management Week in recognition of the important role of our farm community in
Allegany County, and urged all citizens to support the conservation efforts of
our local farmers.
Chairman Crandall
proclaimed September 2008 as Allegany County Area Foundation Month to recognize
the importance of support for educational, social, cultural, and civic projects
in our communities, and encouraged the public to support the Foundation and its
programs.
INTRODUCTION OF LEGISLATION:
Legislator Brent
Reynolds introduced Local Law Intro. No. 3-2008, Print No. 1, entitled “A Local
Law to Allow Cold War Veterans a Limited County Tax Exemption Pursuant to
Section 458-b of the Real Property Tax Law,” a copy of said proposed Local Law
having been placed on each legislator’s desk.
RESOLUTIONS:
A motion was made by Legislator Dibble,
seconded by Legislator Reynolds and carried to remove from the table Resolution
Intro. No. 143-08 (Acceptance of Grant Funds from New York State under the FY07
Public Safety Interoperable Communications [PSIC] Grant Program Contingent on
Identifying a Source of Local County Share).
This resolution was originally tabled on August 11, 2008.
RESOLUTION
NO. 143-08
ACCEPTANCE OF GRANT FUNDS FROM NEW YORK
STATE UNDER THE FY07 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT
PROGRAM CONTINGENT ON IDENTIFYING A SOURCE OF LOCAL COUNTY SHARE
Offered by:
Public Safety and Ways and Means Committees
WHEREAS, the County of Allegany was awarded grant
funds in the amount of $1,700,475.96 under the FY07 Public Safety Interoperable
Communications (PSIC) Grant Program, and
WHEREAS, funding for this grant is provided by the
National Telecommunications and Information Administration (NTIA), in
consultation with the Department of Homeland Security (DHS), and will require a
non-federal cash or in-kind match of $423,118.99, now, therefore, be it
RESOLVED:
1. That
a grant in the amount of $1,700,475.96 from New York State under the FY07
Public Safety Interoperable Communications (PSIC) Grant Program is accepted
contingent on identifying a source for the $423,118.99 local County share match.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Reynolds 14
Ayes, 1 No, 0 Absent
Voting
No: McCormick
(Memo:
Regarding Resolution No. 143-08, the referenced grant includes a project
total of $2,123,594.80.)
Comments made
regarding Resolution No. 143-08:
Legislator Ungermann questioned if this resolution and the Statewide
Wireless Network (SWN) project resolution approved on August 11 were two
completely separate issues, or if they would ever be combined. Sheriff Tompkins replied that the SWN project
has nothing to do with the grant or what the County will do with the grant;
they are not related. Also of note is
that the SWN project is severely over budget, and the technology is not working
as anticipated, so its continuance is questionable.
Legislators
O’Grady and McCormick commented that they would feel more comfortable voting in
favor of accepting the grant if a source for the local share was already
identified without further burdening the taxpayers. Legislator McCormick suggested tabling the
resolution again until at least 50 percent of the local match was identified.
Legislator Kruger
stated that the taxpayers will get something for this expenditure. He supported the resolution to alleviate some
of the long-standing emergency communications problems.
Legislator Pullen
commented that this grant program will allow the purchase of $2.1 million worth
of equipment to be used for the safety of the County. If it’s voted down due to the lack of the
local share match, we lose $1.7 million that will not be found anywhere else. All the equipment has been identified as being
needed, and supporting correspondence has been received from agencies that will
benefit.
Legislator O’Grady
noted that the equipment would be purchased through state bid, but questioned
if the resolution should identify the bid process for installation costs, or if
that would be done anyway through standard County practice. County Attorney Thomas Miner advised that the
hardware could be purchased from state bid without going to bid, and installation
would have to be bid out.
RESOLUTION
NO. 144-08
RESOLUTION SETTING DATE OF PUBLIC HEARING ON
A
LOCAL LAW AUTHORIZING A LIMITED COUNTY TAX
EXEMPTION FOR
COLD WAR VETERANS
Offered by:
Personnel and Ways and Means Committees
WHEREAS, on this
25th day of August, 2008, a local law (Intro. No. 3-2008, Print No.
1) was introduced authorizing a limited County tax exemption for Cold War Veterans pursuant to Section 458-b of
the New York State Real Property Tax Law, and
WHEREAS, it will
be necessary to set a date for public hearing on said proposed law, now,
therefore, be it
RESOLVED:
1. That
a public hearing shall be held on September 8, 2008 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. 3-2008, 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 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. Hall Adopted: Voice Vote
Seconded by: Mr. Russo
Comments made regarding Resolution No.
144-08: Legislator Ungermann stated that
he had no problem with setting a date for a public hearing, but reminded everyone
that this would be tax exemption number 83 for the County, and somebody else will
have to pay for this exemption. The Cold
War Veterans exemption will be for virtually everyone who served in the
military. Legislator Reynolds responded
that he appreciated the comment, but if it weren’t for veterans, we wouldn’t
have to worry about resolutions at all; they gave us our freedoms.
RESOLUTION
NO. 145-08
RESOLUTION IN SUPPORT OF THE ADOPTION OF
ASSEMBLY BILL A10037A AND SENATE BILL
S3619-A
PROVIDING EXPANDED COVERAGE FOR BENEFITS
AVAILABLE TO
VOLUNTEER FIREMEN AND VOLUNTEER AMBULANCE
WORKERS
Offered by:
Public Safety and Ways and Means Committees
WHEREAS, there is currently pending before the New York
State Assembly and the New York State Senate proposed legislation denominated
Assembly Bill number A10037A and Senate Bill number S3619-A, and
WHEREAS, the
purpose of this law is to expand the scope of coverage for benefits available
to a volunteer firefighter and volunteer ambulance worker when rendering
medical assistance while off duty or outside his or her jurisdiction or area of
responsibility, and
WHEREAS, the
legislation is designed to provide “good Samaritan” coverage to volunteer
firefighters and ambulance workers when rendering medical assistance and
thereby encourage the provision of emergency medical services by trained
medical personnel, and
WHEREAS, it is
deemed to be in the best interests of the residents of Allegany County to
eliminate current disincentives to the provision of such medical assistance,
and
WHEREAS, this
Board is mindful of the selfless acts of its volunteer firefighters and EMS
workers and supports legislation that recognizes such service while better
defining the scope of coverage for benefits available under the Volunteer
Firefighters’ Benefits Law and Volunteer Ambulance Workers’ Law, now,
therefore, be it
RESOLVED:
1. That
the Allegany County Board of Legislators hereby urges the New York State
Assembly and New York State Senate to pass the legislation known as Assembly
Bill A10037A and Senate Bill S3619-A.
2. That certified copies of this
resolution shall be forwarded to Senator Catharine M. Young and members of the
Assembly Daniel J. Burling and Joseph M. Giglio.
Moved by: Mr. Dibble Adopted: Voice Vote
Seconded by: Mr. Truax
RESOLUTION
NO. 146-08
RESOLUTION IN SUPPORT OF THE ADOPTION OF
ASSEMBLY BILL A00514 AND SENATE BILL S7647
PROVIDING A SPECIAL UNIT WITHIN THE WORKERS’
COMPENSATION BOARD
TO ASSIST INJURED VOLUNTEER FIREFIGHTERS,
SURVIVING SPOUSES,
AND BENEFICIARIES
Offered by:
Public Safety and Ways and Means Committees
WHEREAS, there is currently pending before the New York
State Assembly and the New York State Senate proposed legislation denominated
Assembly Bill number A00514 and Senate Bill number S7647, and
WHEREAS, the
purpose of this law is to create a special unit within the Workers’
Compensation Board that will assist injured volunteer firefighters, surviving
spouses, and other
beneficiaries through the claims process, and
WHEREAS, this
Board is mindful of the difficulties faced by volunteer firefighters, surviving
spouses, and beneficiaries in
processing claims in a timely manner for benefits due to them, and
WHEREAS, this Board believes that it is in the best
interests of the residents of Allegany County to encourage such critical
services by insuring that our volunteer firefighters and their families receive
special assistance when seeking benefits under the Volunteer Firefighters’
Benefits Law and the Workers’ Compensation Law, now therefore, be it
RESOLVED:
1. That
the Allegany County Board of Legislators hereby urges the New York State
Assembly and New York State Senate to pass the legislation known as Assembly
Bill A00514 and Senate Bill S7647.
2. That certified copies of this
resolution shall be forwarded to Senator Catharine M. Young and members of the
Assembly Daniel J. Burling and Joseph M. Giglio.
Moved by: Mr. Dibble Adopted: Voice Vote
Seconded by: Mr. Truax
RESOLUTION
NO. 147-08
CREATING ONE NEW PART-TIME POSITION OF E-911
ENUMERATOR
Offered by:
Personnel Committee
RESOLVED:
1. That
one new part-time position of E-911 Enumerator is created.
2. That
the new part-time position of E-911 Enumerator is placed in Section 4
(Non-Graded Salary Plan) at an hourly rate of $10.00 per hour.
3. This
resolution shall take effect on August 25, 2008.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Fanton 12
Ayes, 3 Noes, 0 Absent
Voting
No: Hopkins, O’Grady, Pullen
(Memo: The E-911 Enumerator position created by
Resolution No. 147-08 will be part-time at 17.5 hours per week to work with the
Allegany County numbering system.)
RESOLUTION
NO. 148-08
TRANSFER OF FUNDS
FROM RISK RETENTION CLAIMS
APPROVED BY SUPREME COURT ACCOUNT
TO RISK RETENTION PROFESSIONAL
SERVICES ACCOUNT
Offered by:
Ways and Means Committee
RESOLVED:
1. That the sum of $20,000 is transferred
from Account No. CS1933.431 (Risk Retention, Claims Approved by Supreme Court)
to Account No. CS1937.435 (Risk Retention, Professional Services).
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 149-08
APPROVAL OF LOCAL ENHANCED WIRELESS 911
GRANT PROGRAM
AGREEMENT WITH NEW YORK STATE DEPARTMENT OF
STATE;
APPROPRIATION OF FUNDS TO ACCOUNTS TO BE
DESIGNATED BY
COUNTY TREASURER; AUTHORIZING CHAIRMAN TO
EXECUTE AGREEMENT
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That
the Local Enhanced Wireless 911 Grant Program letter agreement between the New
York State Department of State and the County of Allegany in the total amount
of $28,501 is approved.
2. That the Fire Coordinator is authorized
to file claims on behalf of the County and funds received pursuant to this
agreement shall be appropriated to accounts to be designated by the County
Treasurer.
3. That the Chairman of this Board is
authorized to execute such agreement.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Reynolds 15
Ayes, 0 Noes, 0 Absent
(Memo: The funds appropriated per Resolution No.
149-08 are for reimbursement from the 2007-08 State Budget of certain costs
associated with the provision of Wireless 911 services in Allegany County.)
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 $3,091,595.25 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 $5,835,607.)
ADJOURNMENT: The meeting was adjourned at 2:55 p.m. on a motion made by Legislator Truax,
seconded by Legislator Pullen and carried.