ALLEGANY
REGULAR SESSION
JULY 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: 15 Present; 0 Absent.
APPROVAL OF
MINUTES:
The Board meeting minutes of June 23,
2008 were approved on a motion made by Legislator Dibble, seconded by
Legislator Truax and carried.
PUBLIC
HEARING:
Chairman Crandall suspended the
regular meeting to hold a public hearing on Local Law Intro. No. 2-2008,
entitled “A Local Law to Provide Increases in the Compensation of Certain
County Officers.” The local law
addressed the salary of the Public Defender. As there was no one desiring to speak, the
public hearing was declared closed and the Board reconvened in regular session.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall took the floor for
the presentation of a Certificate of Recognition to honor Delores Cross, who was
the 2008 recipient of the Woman of Distinction Award from the New York State
Senate’s Honorary Program. Ms. Cross served
as a
Delores Cross spoke briefly, noting
her appreciation for the Board of Legislators’ thoughtfulness and also the work
that they do. She enjoyed her tenure as
a legislator and commented that there are a lot of women in the County with
talent and energy looking to get into a position to make a real difference.
Past
Chairman Crandall granted privilege
of the floor to Public Health Director Lori Ballengee, who spoke about the
Allegany County Cancer Services and Colors for Life. Ms. Ballengee presented some cancer statistics
for Allegany County including:
·
Five
individuals are diagnosed with cancer and two individuals die from cancer each
week.
·
Lung
cancer is the number one cause of cancer deaths; and all cancer sites
collectively rate as the number two cause of death behind heart disease.
·
The
annual incidence rates have increased for the period 1990 to 2004 by 11.9
percent, whereas mortality rates have decreased by 7 percent for the same
period, possibly due to screening and earlier treatment.
Allegany County Cancer Services has financially
served 50 people within the County over the past 17 months (with two pending),
and gave out over $15,000. Dozens of
others have been assisted with support services. The organization has only been in existence
as a non-profit for three years, and has already made a lot of strides. They average one to two new applications per
week. The annual Colors for Life fundraising
event will be held August 2 at the
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. Placed
on each legislator’s desk was a copy of the Allegany County Mutual
Self-Insurance Plan (Workers’ Compensation) 2009 Budget, together with the
apportionment of costs of the budget to the County, Towns, and Villages of
Allegany County.
2. Placed
on each legislator’s desk was a copy of the Report of Intrafund Transfers
approved by the
3. Also
placed on each legislator’s desk was a copy of the Report of Tax Bill
Corrections approved by the
4. Also
distributed were copies of a Press Release from the NYS DEC adding Public Hearings
on their Proposed Rule Change to Eliminate Open Burning Statewide. The Public Hearing in
5. The
County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Liens
pursuant to Article 11 of the Real Property Tax Law of the State of
6. An
invitation was received to attend and present trophies for the Annual Kids
Fishing Contest at the Andover Wetlands on August 2 from 8 a.m. to 3 p.m.
7. An
invitation was received to attend an Open House at the Almond 20th
Century Club Library on July 18 at 1 p.m. to celebrate the completion of the
handicap access lift. Senator Catharine
Young, representatives from Assemblyman Daniel Burling’s Office, as well as
local town and village officials plan to attend.
8. An
invitation was received from the ACCORD/Allegany Business Center to attend
their Graduation Ceremony for the Entrepreneurial Assistance Program on July
30.
9. Correspondence
was received from Senator Catharine Young acknowledging receipt and support of
our Resolution No. 103-08, Resolution Opposing a Proposal from DEC for a Rule
Change to Eliminate Open Burning.
Senator Young will continue to advocate against the elimination of open
burning.
10. Correspondence
was received from Assemblyman Daniel Burling acknowledging receipt and support
of our Resolution No. 103-08, Resolution Opposing a Proposal from DEC for a
Rule Change to Eliminate Open Burning.
Assemblyman Burling recently issued a press release regarding the action
by DEC to circumvent the legislative process and ban open burning.
11. A
News Release was received from Southern Tier West Regional Planning and
12. Article
VII Application for
13. An
invitation was received to attend the 21st Friendship Freedom Fair
Celebration to be held on Saturday, July 26.
14. Also
received was the
15. Notice
was given for the next Fire Advisory Board meeting to be held on July 24, at 8
p.m. in the Public Safety Facility. The
Fire Investigators and District Coordinators plan to meet at 7 p.m.
APPOINTMENTS:
The Clerk of the Board
announced that Chairman Curtis W. Crandall, in a joint measure with Crystal
Abers, Chairman of the Cattaraugus County Board of Legislators, has appointed
the following to fill unexpired three-year terms on the CATTARAUGUS-ALLEGANY
WORKFORCE INVESTMENT BOARD:
Brad Walters, Executive Director, Southern Tier Builders Association;
Term ending 12/31/10
Phil Ghent, General Manager, Olean Advanced Products; Term ending
12/31/08;
Replacing John Sayegh
Jason Huffman, HR Manager, Cooper Power Systems; Term ending 12/31/10
Karen Comstock, HR Manager, Friendship Dairies; Term ending 12/31/09;
Replacing Steve Havey
Cesar Cabrera, Regional Coordinator, Western Region NYS DOL; Term ending
12/31/08;
Replacing Jill Whitfield
Steve Crowley, Director of Mountain Operations,
RESOLUTIONS:
RESOLUTION
NO. 116-08
ADOPTION OF LOCAL LAW INTRO.
NO. 2-2008, PRINT NO. 1, IN RELATION TO
A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF
CERTAIN
Offered by:
Personnel Committee
RESOLVED:
1. That proposed Local Law, Intro. No. 2-2008, Print No. 1, is adopted without
any change in language, to wit:
Intro. No. 2-2008 Print No. 1
A LOCAL LAW TO PROVIDE INCREASES IN THE
COMPENSATION OF
CERTAIN
BE IT ENACTED by the Board of Legislators of the
Section 1. Commencing August 28, 2008, the annual
salary of the incumbent of the following County office shall be as
follows: Public Defender - $82,000.
Section 2. This local law shall take effect on the
date of its filing with the Secretary of State.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
Mr. Ungermann commented that the number of positions in the Public
Defender’s Office was being reduced from one full-time and two part-time
positions down to two full-time positions, resulting in an overall savings.
RESOLUTION
NO. 117-08
ESTABLISHING POLICY FOR
REDEMPTION OR REACQUISITION OF
TAX PARCELS IN
Offered by:
Ways and Means Committee
RESOLVED:
1. That
the policy for the redemption or reacquisition of tax parcels in
2. This
resolution shall take effect immediately.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Reynolds 13
Ayes, 2 Noes, 0 Absent
Voting
No: Kruger, Ungermann
Comments made regarding Resolution No. 117-08
included: Mr. Kruger originally
supported revision of the tax sale property redemption policy as a way of
helping residents with special circumstances to redeem their property up to the
last possible minute. He did not support
this resolution due to the $500 minimum payment clause. If a resident already couldn’t afford his
taxes, this would aggravate the problem more.
Mr. Reynolds pointed out that when taxpayers
get to this stage, the $500 is actually a savings. It is meant to cover lawyer fees and other County
costs. Mr. Reynolds noted that the
policy revision is the best compromise they could make.
Mr. Pullen appreciated the efforts and creativity
that went into this resolution, and even though it’s not a perfect solution,
hopefully it will show compassion and flexibility. Taxes are too high, and we aren’t going to be
able to solve all the problems. There
will always be someone just inside or outside the rule, but this resolution
definitely moves the line.
Mr. Ungermann commented that he appreciates
the efforts, but this is just a band-aid approach. The real problem is taxes, and we need to
start cutting the cost of government to the point where people can afford
it. There were 82 parcels sold at this
year’s auction, which is a large number for a county of this size. Mr. Ungermann felt this policy will
discourage potential tax sale property buyers, because after they invest the
time in investigating a particular parcel, it may not be available at the time
of the sale. Mr. Reynolds responded that
because this policy only applied to primary residences, it won’t have a negative
effect on the tax sale.
RESOLUTION
NO. 118-08
DESIGNATING THE WELLSVILLE DAILY REPORTER AS
SOLE OFFICIAL NEWSPAPER FOR THE PERIOD
AUGUST 1, 2008 TO AUGUST 12, 2008
Offered by:
Ways and Means Committee
WHEREAS, the Clerk of this Board was
informed that the Cuba Patriot & Free Press, one of the official
newspapers, will not be publishing during the period of August 1, 2008 to
August 12, 2008, now, therefore, be it
RESOLVED:
1. Notwithstanding the provisions of
Section 1 of Resolution No. 268-2007, the newspaper The Wellsville Daily
Reporter is designated as the sole official newspaper to publish local laws,
notices and other matters required by law to be published during the period of
August 1, 2008 to August 12, 2008.
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. McCormick
RESOLUTION
NO. 119-08
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
Grove 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. Trathen
Land Co., LLC: Parcel 9.-1-8.12
Assessment: Land $54,800 Total $54,800
this parcel was split and should have been deleted from the Tax Roll,
and the
Town 589.11
Fire 8.44
School Relevy 1,334.12
Total $2,748.36
5. 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.
6. 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, 2009. The
Moved by: Mr. Reynolds Adopted:
Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 120-08
ACCEPTANCE AND APPROPRIATION
OF ADDITIONAL FUNDING FROM THE
NEW YORK STATE DEPARTMENT OF
HEALTH FOR THE COUNTY'S
CANCER SCREENING SERVICES
PROGRAM
Offered by:
Human Services and Ways and Means Committees
WHEREAS, additional funding in the amount of $201,362.40 from the
New York State Department of Health has been received to enhance current
services under the County's cancer screening programs, now, therefore, be it
RESOLVED:
1. That the sum of $201,362.40 is accepted
and appropriated to Account No. A4071.4
(Cancer Screening – Contractual), with a like sum credited to Revenue
Account No. A10.3401.01 (State Aid –
Cancer Screening Services).
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 121-08
INCREASING APPROPRIATIONS AND
REVENUES IN THE
TANF SUMMER YOUTH EMPLOYMENT
PROGRAM (TANF SYEP) ACCOUNTS
Offered by:
Ways and Means Committee
WHEREAS, the Allegany County Employment
and
RESOLVED:
1. That the following Employment and
Account No. Appropriation
Accounts Amount
CD1 6406.101 Dislocated Worker Regular Pay 5,000.00
CD1 6406.474 Dislocated Worker CRT Contract 7,000.00
CD1 6406.475 Dislocated Worker OJT Contract 6,000.00
CD1 6406.806 Dislocated Worker Hosp/Med. Insurance
5,000.00
CD1 6415.101 Disability Program Navigator Regular Pay 7,000.00
CD1 6415.806 Disability Program Navigator Hosp/Med. Ins. 3,500.00
CD1 6794.101 TANF Regular Pay 12,000.00
CD1 6794.474 TANF Project Instructional Contracts
1,000.00
CD1 6794.475 TANF Participant Transportation 3,500.00
CD1 6794.806 TANF Hosp/Med. Insurance 7,000.00
TOTAL 57,000.00
Account No. Revenue Accounts Amount
CD1 10 3089.6416 Model Transition
Program 24,000.00
CD1 11 4701.6406 Dislocated Worker 22,500.00
CD1 11 4701.6415 Disability Program
Navigator 10,500.00
TOTAL 57,000.00
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Truax 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 122-08
TRANSFER OF FUNDS WITHIN
COUNTY ATTORNEY ACCOUNT
Offered by:
Ways and Means Committee
RESOLVED:
1. That the sum of $43 is transferred from
Account No. A1420.407 (Books and Supplies) to Account No. A1420.201 (Equipment)
to cover the cost for the purchase of a new desk for the Secretary to the
2. This
resolution shall take effect July 15, 2008.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 1 No, 0 Absent
Voting
No: Kruger
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 Hopkins and adopted on a roll call
vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $5,386,711.47
including prepaid expenses, be approved for payment as recommended by the
County Administrator. (
ADJOURNMENT: The meeting was adjourned on a motion made by Legislator Reynolds,
seconded by Legislator Pullen and carried.