ALLEGANY
REGULAR SESSION
** 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: 14 Present; 1 Absent (Legislator
Benson).
APPROVAL OF
MINUTES:
The Board meeting minutes of February
11, 2008 were approved on a motion made by Legislator Dibble, seconded by
Legislator Truax and carried.
PUBLIC
HEARING:
Chairman Crandall closed the regular
meeting to hold a public hearing regarding “The
Modification and Continuation of Agricultural District Number Four within the
Towns of Alfred,
PRIVILEGE OF
THE FLOOR:
Chairman Crandall took the floor to
present a certificate to the March 2008 Employee of the Month, Laurie Hennessy,
of the Health Department (Nursing Division), in recognition of her hard work
and dedication to the County.
Chairman Crandall granted privilege
of the floor to Sheriff William R. Tompkins for the presentation of an award to
Robert Sobeck of Wellsville in recognition of his exemplary service to the
community during the November 19, 2007 armed robbery in Wellsville. Mr. Sobeck, a retired Deputy Sheriff and
former County Legislator, was present at the time of the incident, and the
actions he took helped to keep it from escalating into a much worse scenario. Sheriff Tompkins remarked that it was his
honor to award this first Outstanding Citizen Award to Mr. Sobeck.
Privilege of the Floor was granted
to Tourism Specialist Craig Braack for presentation of the 2008 Allegany County
Travel and Outdoor Guide.
Representatives were present from
the offices of Cooperative Extension,
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. Placed on each legislator’s desk were
copies of the 2007 Annual Reports from the Office for the Aging (Annual Report for this department will be
distributed at the luncheon on February 29), Community Services, Coroners,
Emergency Services, Fire Service, Health Department, Real Property Tax Service
Agency, and Sheriff’s Office for review.
2. A
reminder was announced for the special Committee of the Whole meeting on
February 29, at 10 a.m. in the Legislative Chambers for the purpose of hearing
a presentation by Marthe Ngwashi, Assistant Director of Intergovernmental
Affairs with the NYS Attorney General’s Office.
3. Noble
Environmental Power filed copies of the Notice of Completion and the Draft
Environmental Impact Statement for the Noble Allegany Windpark in the Clerk of
the Board’s Office on February 21, 2008.
APPOINTMENTS:
The Clerk of the Board
announced that Chairman Crandall has re-appointed Kevin Redman of Fillmore as
an Active Farmer member on the ALLEGANY COUNTY AGRICULTURAL AND FARMLAND
PROTECTION BOARD for a four-year term commencing March 5, 2008 and expiring
March 4, 2012.
PROCLAMATION:
Chairman Crandall proclaimed March 1
through 7, 2008 as Weights and Measures – Balancing the Marketplace Week in
RESOLUTIONS:
RESOLUTION
NO. 36-08
RESOLUTION CONTINUING
AGRICULTURAL DISTRICT NUMBER FOUR
WITH MODIFICATIONS
Offered by:
Public Works Committee
Pursuant to Agriculture and Markets Law
Sections 303-a and 303-b
WHEREAS, Agricultural District Number Four, being within the Towns
of Alfred, Andover, Independence, Ward and Willing, was created on August 7,
1977 and was last modified and continued on January 24, 2005 by Resolution No.
10-2005, and
WHEREAS, the
annual thirty-day period established by this Board for requesting inclusion of
predominantly viable agricultural land into this Agricultural District for
calendar year 2007 ended on October 28, 2007, and
WHEREAS, Phillip
G. May, residing at 41 Fitzstephens Road, Wellsville, New York requested
inclusion within such annual thirty-day period of approximately 94.4 acres of
predominantly viable agricultural land located in the Town of Willing into
Agricultural District Number Four, and
WHEREAS, due
notice of a public hearing on whether such predominantly viable agricultural
land should be included in the District having been published as required by
Agriculture and Markets Law Section 303-b, and such hearing having been
held before this Board on February 25, 2008, and
WHEREAS, this Board has duly
deliberated on whether the District should be modified, now, therefore, be it
RESOLVED:
1. That this Board of Legislators
determines after review of the report of the County Agricultural and Farmland
Protection Board and after a public hearing held on February 25, 2008, that
Agricultural District Number Four be continued and modified to include the
addition of approximately 94.4 acres of predominantly viable agricultural lands
located in the Town of Willing, comprised of three parcels bearing Tax Map
numbers 304-1-25.1 (8.8 acres), 304-1-15 (49.3 acres) and 304-1-16.1 (36.3
acres), owned by Phillip G. May who resides at 41 Fitzstephens Road,
Wellsville, New York.
2. That the Clerk of this Board is directed
to send a certified copy of this resolution to the New York State Commissioner
of Agriculture.
3. That this Board requests that the New York
State Commissioner of Agriculture certify that the proposed inclusion of the
approximately 94.4 acres of predominantly viable agricultural land located in
the Town of Willing, comprised of three parcels bearing Tax Map numbers
304-1-25.1, 304-1-15 and 304-1-16.1 is feasible and in the public interest.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. O’Grady 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 37-08
APPOINTMENT OF
Offered by:
Ways and Means Committee
Pursuant to
RESOLVED:
1. That Thomas A. Miner, a resident
attorney-at-law, is appointed Allegany County Attorney for a term commencing
February 25, 2008 and expiring December 31, 2009.
2. That Section 6. of Resolution No.
242-2007 is amended to change the salary of
3. This resolution shall take effect
immediately.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 38-08
AMENDMENT OF RESOLUTION NO.
242-2007 TO INCREASE SALARY OF
FIRST ASSISTANT
Offered by: Personnel and Ways and Means Committees
RESOLVED:
1. That Section 6. of Resolution No.
242-2007 is amended to change the salary of First Assistant County Attorney
from $63,870 to $73,000.
2. This resolution shall take effect
February 26, 2008.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 39-08
APPROVING
AND RATIFYING AGREEMENT WITH THE TOWN OF
IN
RELATION TO THE DISPOSAL OF
TOWN
WASTE WATER TREATMENT PLANT;
AUTHORIZING
BOARD CHAIRMAN TO EXECUTE AGREEMENT
Offered by: Public Works Committee
RESOLVED:
1. That Agreement between the
2. That the Chairman of this Board is
authorized to execute the Agreement.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Reynolds 14
Ayes, 0 Noes, 1 Absent
(Memo:
The agreement approved by Resolution No. 39-08 includes payment of $.025 per
gallon tipping fee to the Town for disposal of landfill leachate.)
Resolution Intro. No.
40-08 (Resolution Setting Date of Public Hearings on Application for Small
Cities Community Development Block Grant for Replenishment of Revolving Loan
Fund) was not pre-filed and was considered from the floor on a motion made by
Legislator Reynolds, seconded by Legislator Truax and carried.
RESOLUTION
NO. 40-08
RESOLUTION SETTING DATE OF PUBLIC HEARINGS
ON
APPLICATION FOR SMALL CITIES COMMUNITY
DEVELOPMENT BLOCK GRANT
FOR REPLENISHMENT OF REVOLVING LOAN FUND
Offered by:
Ways and Means Committee
WHEREAS, the Allegany County Office of Development
intends to submit an application for a Small Cities Community Development Block
Grant in the amount of $400,000 for replenishment of the County’s Revolving
Loan Fund, and
WHEREAS, there must be two public hearings held on
such application prior to the submission of the application, now, therefore, be
it
RESOLVED:
1. That public hearings on the submission
of an application for a Small Cities Community Development Block Grant for
replenishment of the County’s Revolving Loan Fund shall be held on March 10,
2008 at 2:00 PM and on April 14, 2008 at 2:00 PM in the Board of Legislators
Chambers, Room 221, County Office Building, 7 Court Street, Belmont, New York
14813.
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 hearings, 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 as required by law prior to the first public
hearing to be held on March 10, 2008.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Truax 14
Ayes, 0 Noes, 1 Absent
(Memo:
Regarding Resolution No. 40-08,
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 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $1,780,034.55 including
prepaid expenses, be approved for payment as recommended by the County
Administrator. (
COMMENTS:
Legislator Reynolds
gave a reminder that it’s time for ARC project applications. There is $150,000 in grant funds available
for area development programs through Southern Tier West for projects such as
business development, job training, health, and infrastructure.
Legislators Kruger and
McCormick expressed appreciation for Governor Spitzer visiting
ADJOURNMENT:
The meeting was adjourned following
a motion made by Legislator Reynolds, seconded by Legislator Truax and carried.