ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

JULY 28, 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 O’Grady).

 

APPROVAL OF MINUTES:

 

            The Board meeting minutes of July 14, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall granted privilege of the floor to Public Health Director Lori Ballengee, who spoke about the Allegany County Cancer Services Colors for Life Cancer Awareness Night.  Legislators were presented with t-shirts to commemorate this fundraising event, which will be held on Saturday, August 2, from 5 to 10 p.m., at the Wellsville Elementary School grounds.  Some of the highlights include: cancer survivor victory lap, visionaries in honor and memory of loved ones, live music, gift basket auction, and food.  Ms. Ballengee reminded everyone to get health screenings.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

            1.         Chairman Crandall presented a Certificate of Recognition to the Town of Centerville in honor of their Bicentennial Celebration at a special ceremony on July 19.

 

            2.         A reminder was given for an invitation 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.

 

            3.         A reminder was announced for the ACCORD/Allegany Business Center Graduation Ceremony for the Entrepreneurial Assistance Program on July 30.

 

            4.         A reminder was given for the Department of Environmental Conservation’s public hearing on their proposed rule to eliminate open burning.  The public hearing will be held on Thursday, August 7 from 5 to 8 p.m. in the Legislative Board Chambers.  An information session has also been scheduled from 4 to 5 p.m.

 

            5.         An invitation was received to attend the Summer Youth Employment Program (SYEP) Legislators’ Luncheon and Open House on July 30 at 12:30 p.m. at the BOCES Career and Technical Center in Belmont.

 

APPOINTMENT:

 

            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:

            Vicky Vecchiarella of Olean, NY, for a term expiring December 31, 2009

            Linda Edstrom of Olean, NY, for a term expiring December 31, 2009

            Becky Brown of Belmont, NY, to replace Kim Whitney for the remainder of her

                        two-year term expiring December 31, 2008

 

PROCLAMATION:

 

            Chairman Crandall will be proclaiming the week of August 1-7, 2008 as Breastfeeding Week in the County of Allegany, with the proclamation to be read at the annual picnic next week.  The Chairman is calling upon the people of the County to work together to encourage, support, and promote breastfeeding as a high priority for healthier families.

 

RESOLUTIONS:

 

RESOLUTION NO. 123-08

 

RESOLUTION TO REQUEST GOVERNOR PATERSON AND NEW YORK STATE LEGISLATURE TO ADVANCE FUNDING AND EXPEDITE THE TIMETABLES

TO COMPLETE THE APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

(CORRIDOR U-1 I-99 AND CORRIDOR T I-86)

 

Offered by:  Public Works Committee

 

            WHEREAS, Governors have made commitments to the revitalization and improvement of the economy of “Upstate” New York, and

 

            WHEREAS, Steuben County, along U.S. Route 15 (I-99), and thirteen other counties along U.S. Route 17 (I-86) corridor make up the three Local Development Districts in the thirteen state Appalachian Regional Commission, and

 

            WHEREAS, U.S. Route 15 (I-99) Corridor U-1 and U.S. Route 17 (I-86) Corridor T are New York State's section of the thirteen state Appalachian Development Highway System (the “ADHS”) and as such are eligible for Appalachian funding, and

 

            WHEREAS, completing the I-99 U-1 Corridor fulfills the desires of both the Commonwealth of Pennsylvania and the State of New York to accelerate economic development opportunities in the area of Appalachia as well as respond to the increasing traffic volumes (primarily commercial vehicles) in the Route 15 Corridor since the passage of the North American Free Trade Agreement, and

 

            WHEREAS, U.S. Route 15 is the only north/south route in Central Pennsylvania that serves as a vital and direct link between western New York and Canada and the ports of Baltimore and Philadelphia and the mid-Atlantic states, and

 

            WHEREAS, completing Corridor T, which terminates in Broome County at I-81, and the U-1 Corridor in Steuben County will complete the ADHS in New York State, and

 

            WHEREAS, the New York I-86 Economic Development Benefit Study, issued in January 2000, which was widely accepted and quoted at all levels of government, called for an aggressive eight-year construction period that would result in a 3.2 billion dollar direct economic benefit to communities along the I-86 Highway Corridor once the conversion has been completed, and

 

            WHEREAS, Governor Pataki and the New York State Department of Transportation committed to a ten-to-twelve year construction program to complete the Route 17 conversion to I-86 beginning with the first designation (177 miles Chemung County west to Pennsylvania) on December 3, 1999, and

 

            WHEREAS, the Pennsylvania Department of Transportation has projected a completion date for the conversion of Route 15 to Interstate standards (I-99) to the New York State border by the end of 2010, and

 

            WHEREAS, the designation of New York State Route 17 to I-86 and Route 15 to I-99 will provide a highway network with connection to every Interstate Highway located within New York State and Interstates leading into Pennsylvania, and

 

            WHEREAS, the Appalachian Regional Commission has recently released a study the “Economic Impact of Completing the Appalachian Development Highway System” stating that “Completion of the Appalachian Development Highway System (ADHS) would yield significant economic benefits for both the Appalachian Region and the nation … By facilitating national freight flows, reducing travel times, improving safety, and enhancing access to markets, completion of the ADHS would create new jobs and greater value-added activity, returning $3 in economic benefits to the nation for every $1 spent to complete the system,” now, therefore, be it

           

            RESOLVED:

 

            1.         That the Allegany County Board of Legislators does hereby express its support for those projects contained within the 2005 Transportation Bond Act and the Transportation Plan for the State of New York Department of Transportation.

 

            2.         That this Board does hereby urge the Governor and the New York State Legislature to advance funding necessary to expedite the timetables set forth and complete the ADHS in New York State and meet the Pennsylvania Department of Transportation's timetable.

 

            3.         That the Clerk of this Board is hereby authorized and directed to forward a certified copy of this resolution to Governor David A. Paterson, Senate Temporary President and Majority Leader Joseph Bruno, Speaker of the Assembly Sheldon Silver, State Senator Catharine M. Young and Assemblymen Daniel J. Burling and Joseph M. Giglio, Transportation Commissioner Astrid Glynn, Senate Transportation Committee Chairman Thomas W. Libous, Assembly Standing Committee on Transportation Chairman David Gantt, Empire State Development Corporation Chairman Robert G. Wilmers, the New York State Association of Counties, the fourteen counties bordering I-86, the Inter-County Association of Western New York, and the Rural Association of Mayors/Supervisors (Allegany County).

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

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

 

RESOLUTION NO. 124-08

 

RESOLUTION APPROVING THE ALLEGANY COUNTY COMPREHENSIVE PLAN

 

Offered by:  Ways and Means Committee

 

            WHEREAS, the proposed Allegany County Comprehensive Plan has undergone the appropriate environmental review, and

 

            WHEREAS, the proposed Allegany County Comprehensive Plan has been referred to the county and regional planning boards as well as to the legislative bodies and to the planning boards of each municipality within Allegany County for review and recommendation, and

 

            WHEREAS, upon proper notice being given a public hearing was held on June 23, 2008 with regard to the proposed Allegany County Comprehensive Plan, and

 

            WHEREAS, there has been no public comment or objections noted to the proposed Allegany County Comprehensive Plan, and

 

            WHEREAS, it appears that all appropriate legal steps leading up to the adoption of the proposed Allegany County Comprehensive Plan have been taken and that adoption of the proposed Allegany County Comprehensive Plan is in the best interest of the County, now, therefore, be it

 

            RESOLVED:

 

            1.         That Allegany County does hereby adopt the proposed Allegany County Comprehensive Plan as its county comprehensive plan.

 

            2.         That the Clerk of the Board of Legislators is authorized and directed to file the County Comprehensive Plan in the Office of the County Clerk and file a copy of the same in the Office of the County Planning Board, with the Secretary of State, and with the clerk of each town and village within Allegany County.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

Comments made regarding Resolution No. 124-08 included:  Several of the legislators expressed their appreciation to all those who worked diligently on the Comprehensive Plan project.  Chairman Crandall recognized the Comprehensive Planning Committee members: Charles Jessup (Chair), Theodore Hopkins, Lee Gridley, Ronald Stuck, Brent Reynolds, Frederick Sinclair, and Edward Eicher.  (Legislator Hopkins noted that Chairman Crandall was also an active participant and had input on the plan.)  The adoption of the Comprehensive Plan has great historical significance, as it’s the first time the County has had one, even though a lot of work had been done over the years, and the groundwork was in place.  This plan will be a living document.  One section deals with implementation and updating.  In 2011, another group will take a look at the plan to upgrade and amend what needs to be done at that time.  Having the Comprehensive Plan in place will make a difference when applying for grants, not just for County departments, but also for other agencies and not-for-profit organizations.

 

RESOLUTION NO. 125-08

 

RESOLUTION DISSOLVING THE COUNTY COMPREHENSIVE PLAN COMMITTEE; CREATING THE COMPREHENSIVE PLAN IMPLEMENTATION GROUP

 

Offered by:  Ways and Means Committee

 

            WHEREAS, the Comprehensive Plan Committee was charged with preparing the Allegany County Comprehensive Plan, and

 

            WHEREAS, the work of that committee is now complete with the adoption of the County Comprehensive Plan, and

 

            WHEREAS, the County Comprehensive Plan sets forth a number of goals for the future development of the County, and

 

            WHEREAS, the proper implementation of the County Comprehensive Plan will require an ongoing concerted effort, therefore, be it

 

            RESOLVED:

 

            1.         That the Comprehensive Plan Planning Committee is hereby dissolved.

 

            2.         That a new committee to be known as the Comprehensive Plan Implementation Group consisting of seven (7) members, all of whom are to be residents of Allegany County,  is hereby created.

 

            3.         That the Comprehensive Plan Implementation Group shall be responsible for developing plans for educating municipalities and the public about the County Comprehensive Plan and developing strategies for its implementation.

 

            4.         That the Chair of the Board of Legislators shall be responsible for making appointments to the committee.    

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

RESOLUTION NO. 126-08

 

AMENDMENT OF NON-UNIT SALARY PLAN

 

Offered by:  Personnel Committee

 

            RESOLVED:

 

            1.         The title of Supervisor Public Health Education, Grade 6 in the Non-Unit Salary Plan is moved to the PEF Union Salary Plan and will remain in the same Grade 6 level.

 

            2.         This resolution shall take effect on July 29, 2008.

 

            Moved by:  Mr. Hall                                                                                      Adopted:  Roll Call

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

 

(Memo:  Regarding Resolution No. 126-08, the position of Supervisor Public Health Education was vacant at the time of the recognition of the PEF Union.  It was agreed by the County and PEF that the title would go to the PEF Union when the position was filled, which it now is.)

 

RESOLUTION NO. 127-08

 

UPGRADING ONE MOTOR VEHICLE CASHIER/EXAMINER AND

ONE SENIOR MOTOR VEHICLE CASHIER EXAMINER IN COUNTY CLERK’S OFFICE DUE TO HUMAN RESOURCES AND CIVIL SERVICE DEPARTMENT REEVALUATION AND AMENDING UNIT SALARY PLAN

 

Offered by:  Personnel Committee

 

            WHEREAS, the Human Resources and Civil Service Department has upgraded one position of Motor Vehicle Cashier/Examiner and one position of Senior Motor Vehicle Cashier Examiner in the County Clerk’s Office, now, therefore, be it

 


            RESOLVED:

 

            1.         That the position of Motor Vehicle Cashier/Examiner in the County Clerk’s Office is upgraded from Grade 6 to Grade 8 and the position of Senior Motor Vehicle Cashier Examiner is upgraded from Grade 8 to Grade 10 in the AFSCME Salary Plan.

 

            2.         This resolution shall take effect on January 1, 2009.

 

            Moved by:  Mr. Hall                                                                                      Adopted:  Roll Call

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

 

(Memo:  Regarding Resolution No. 127-08, the position upgrades followed Human Resources review and update of duties and job specifications based on New York State Department of Motor Vehicles expanded duty requirements.  The new enhanced driver’s licenses will result in higher reimbursement that will more than cover the upgrades.)

 

RESOLUTION NO. 128-08

 

ABOLISHING ONE POSITION OF SENIOR COUNSELOR AND

FOUR POSITIONS OF EMPLOYMENT AND TRAINING COUNSELORS AND RECLASSIFICATION OF FOUR POSITIONS OF

EMPLOYMENT AND TRAINING COUNSELORS (UNIT GRADE 15) TO

SENIOR EMPLOYMENT COUNSELORS (UNIT GRADE 17)

IN THE EMPLOYMENT AND TRAINING OFFICE

 

Offered by:  Personnel and Ways and Means Committees

 

            RESOLVED:

 

            1.         That one position of Senior Counselor is abolished and four positions of Employment and Training Counselors are abolished in the Office of Employment and Training.

 

            2.         That four positions of Employment and Training Counselors (Unit Salary Plan, Grade 15) are reclassified to Senior Employment Counselors (Unit Salary Plan, Grade 17), effective June 30, 2008.

 

            Moved by:  Mr. Hall                                                                                      Adopted:  Roll Call

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

 

(Memo:  The request for Resolution No. 128-08 was in response to the resignation/retirement of a Senior Counselor effective June 27, 2008.  The reclassification of positions was considered necessary as an option to distribute the workload among this group, given the ongoing decline in federal/state funding to support Employment and Training Center personnel.  This action also provides the department with needed flexibility and a more consistent level of decision making responsibility among the counseling staff.  The fiscal impact is an estimated savings of $39,800.)

 

            A motion was made by Legislator Ungermann and seconded by Legislator Kruger to TABLE Resolution Intro. No. 132-08 (Abolishing One Position of Deputy Sheriff and Creating One Position of Correction Officer and One Position of Corrections Sergeant in the Sheriff’s Department) in order to allow more time for study of the issue by Legislators, the County Attorney, and the County’s labor negotiator.  The motion to table was DEFEATED following a roll call vote of 6 Ayes, 8 Noes, and 1 Absent (Voting No: Crandall, Dibble, Fanton, Hall, Hopkins, Pullen, Reynolds, Russo).

 

RESOLUTION NO. 129-08

 

ABOLISHING ONE POSITION OF DEPUTY SHERIFF AND

CREATING ONE POSITION OF CORRECTION OFFICER AND ONE POSITION OF CORRECTIONS SERGEANT IN THE SHERIFF’S DEPARTMENT

 

Offered by:  Public Safety Committee

 

            RESOLVED:

 

            1.         That one position of Deputy Sheriff is abolished in the Sheriff’s Department.

 

            2.         That one position of Correction Officer and one position of Corrections Sergeant are created in the Sheriff's Department.

 

            3.         That the Public Safety Committee approves the filling of the positions of Correction Officer and Corrections Sergeant created herein and refers the matter of the filling of such positions to the Ways and Means Committee.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              10 Ayes, 4 Noes, 1 Absent

                                                                                   Voting No:  Benson, Kruger, Truax, Ungermann

 

(Memo:  Regarding Resolution No. 129-08, there is presently a vacant Deputy Sheriff position resulting from a retirement.  The Sheriff requested that the vacant position be abolished and a new position of Correction Officer be created in its place, which would save substantially in training costs.  There is also a vacancy in the Civil Division for a Civil Deputy due to a recent transfer.  The Civil responsibilities will be assigned to an existing C-line Sergeant, which creates an opening on that shift for a Sergeant.  The Sheriff would like to fill that vacancy with a Corrections Sergeant, as that will be the primary responsibility of that supervisory post.)

 

Comments made regarding Resolution No. 129-08 included:  Legislator Kruger noted that there are two separate issues combined in one resolution, and although he supports the Corrections Sergeant position, he is now compelled to not support either.  Legislator Reynolds pointed out that there was a difference in opinion about the requirements to backfill or fill a position that doesn’t exist, but he’d still like to move the issue ahead.  At some point it could be taken to arbitration to sort it out.  Legislator Truax noted that could be addressed during the collective bargaining negotiations currently taking place.  Legislator Reynolds noted that the contract can be interpreted a couple of different ways.  Some feel that when the Deputy position became vacant, we should backfill from within and advance our own personnel.  The Sheriff has the authority to control his employees, and if someone retires, he should be able to eliminate a position he feels is no longer needed.

 

RESOLUTION NO. 130-08

 

TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO

BOARD OF ELECTIONS CONTRACTUAL EXPENSES ACCOUNT

 

Offered by:  Personnel and Ways and Means Committees

 

            RESOLVED:

 

            1.         That an amount not to exceed $10,000 is transferred from Account No. A1990.4 (Contingent) to various accounts within Account No. A1450 (Elections) to become compliant with the new HAVA regulations.

 

            Moved by:  Mr. Hall                                                                                      Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              10 Ayes, 4 Noes, 1 Absent

                                                                                     Voting No:  Kruger, McCormick, Russo, Truax

 

(Memo:  The transfer referred to in Resolution No. 130-08 is necessary to cover mandated expenses for the implementation of HAVA Ballot Marking Devices for each polling place in the County.  None of these expenses were budgeted for services and training in 2008, as they were unanticipated.  Included are costs associated with machine programming, truck rental and delivery of machines, extra custodian pay, and tech training.)

 

Comments made regarding Resolution No. 130-08 included:  Legislator Ungermann clarified that this was one of the problems with having the new voting system.  The extra expenses for transporting machines to the polling places was impossible to budget for, and we were given no choice in the matter.  Legislator Pullen noted that back when this issue was coming down from the federal and state governments, the County was assured that no local funds would be involved.  We need to remind our state and federal representatives of this broken promise.  Legislator Reynolds commented that we’re not only being mandated with the new machines, but now also have to transport them both ways to 34 different voting districts using an air-ride truck.  The cost is prohibitive.  Chairman Crandall will be writing a letter to our representatives listing the effects this issue will have on the County’s budget.

 


RESOLUTION NO. 131-08

 

APPROVAL OF TRANSPORTATION OF PRESCHOOL CHILDREN WITH HANDICAPPING CONDITIONS AGREEMENTS WITH FOURTEEN CENTRAL SCHOOL DISTRICTS AND AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENTS

 

Offered by:  Human Services Committee

 

            WHEREAS,  fourteen central school districts have agreed to provide transportation for County preschool children with handicapping conditions, now, therefore, be it

 

            RESOLVED:

 

            1.         That each Agreement titled “Agreement Concerning the Transportation of Preschool Children with Handicapping Conditions” for the period July 1, 2008 to June 30, 2009, with the respective Central School Districts of Alfred-Almond, Andover, Arkport, Belfast, Bolivar-Richburg, Canaseraga, Cuba-Rushford, Fillmore, Genesee Valley, Pioneer, Portville, Scio, Wellsville and Whitesville is approved; the Chairman of this Board being authorized to execute all such Agreements.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

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

 

Comments made regarding Resolution No. 131-08:  It was noted that this option for handling the handicapped preschool children transportation was initially spearheaded by former Legislator Lee Frair about 17 years ago, and it has saved the County a significant amount of money.

 

            Resolution Intro. No. 135-08 (Resolution Dated July 28, 2008; A Resolution Approving Applications to the State Comptroller’s Office in Connection with the Proposed Sewer District No. 1 and Water District No. 2) was not pre-filed and was considered from the floor on a motion made by Legislator Hall, seconded by Legislator Reynolds and carried.

 

RESOLUTION NO. 132-08

 

RESOLUTION DATED JULY 28, 2008

A RESOLUTION APPROVING APPLICATIONS TO

THE STATE COMPTROLLER'S OFFICE IN CONNECTION WITH

THE PROPOSED SEWER DISTRICT NO. 1 AND WATER DISTRICT NO. 2

 

Offered by:  Ways and Means Committee

 

            WHEREAS, after all proceedings were duly had and taken the County Board of Legislators has duly approved the establishment of Sewer District No. 1 and Water District No. 2 and the construction of the improvements therefor, subject to State Comptroller's approval as to the expenditures therefor, now, therefore, be it

 

            RESOLVED, by the County Board of Legislators of the County of Allegany, New York, as follows:

 

            Section 1.       The applications to the State Comptroller's office attached hereto as Exhibit A and Exhibit B have been prepared at the direction of the Board of Legislators and the Board believes the contents of each application to be accurate.

 

            Section 2.       The Board of Legislators has determined that the improvements for each of the proposed Districts are in the public interest and will not constitute an undue burden on the property which will bear the cost thereof and that all real property to be so assessed will be benefited by the proposed improvements and no benefited property has been excluded from the boundaries of the Districts.

 

            Section 3.       This resolution shall take effect immediately.

 

            Moved by:  Mr. Hall                                                                                      Adopted:  Roll Call

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

 

(Memo:  The sewer and water districts referred to in Resolution No. 132-08 are located in the Towns of Amity and Angelica, and will provide service to the Crossroads Development Area.)

 

            Resolution Intro. No. 136-08 (Resolution Approving Agreement between the County of Allegany and the Allegany County Soil and Water Conservation District Concerning the Genesee River Hazard Mitigation Project) 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. 133-08

 

Resolution APPROVING AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT CONCERNING THE GENESEE RIVER HAZARD MITIGATION PROJECT

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.    That the Agreement between the County of Allegany and the Allegany County Soil and Water Conservation District providing for the advancement of funds pending grant reimbursement is approved.

 

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

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

                                                                                                                                  Voting No:  Burdick

 

(Memo:  The agreement referred to in Resolution No. 133-08 will allow for the advancement of sufficient funds to the Soil and Water Conservation District pending receipt of FEMA and New York State funding, in order to begin work on two major Genesee River Hazard Mitigation Projects in the Towns of Amity and Belfast.  The projects will mitigate the impact of river erosion which poses an immediate threat to private property, as well as a major state highway and railroad.)

 

            Resolution Intro. No. 137-08 (Resolution Directing Notice of District Review of Agricultural District Number One Pursuant to Section 303-a of the Agriculture and Markets Law) was not pre-filed and was considered from the floor on a motion made by Legislator Fanton, seconded by Legislator Pullen and carried.

 

RESOLUTION NO. 134-08

 

RESOLUTION DIRECTING NOTICE OF DISTRICT REVIEW OF

AGRICULTURAL DISTRICT NUMBER ONE

PURSUANT TO SECTION 303-a OF THE AGRICULTURE AND MARKETS LAW

 

Offered by:  Public Works Committee

 

            WHEREAS,  Agricultural District Number One, being within the Towns of Allen, Birdsall, Centerville, Caneadea, Hume, Granger, Grove, New Hudson and Rushford, was created by Resolution No. 162-2000 on July 10, 2000, and

 

            WHEREAS, pursuant to Agriculture and Markets Law § 303-a an eight year review of the District is required, now, therefore, be it

 

            RESOLVED:

 

            1.         That the Clerk of the Board of Legislators is directed to provide proper notice of such district review, which shall include publication of such notice in a newspaper having general circulation within the district, as provided for in Section 303-a subdivision 2.a. of the Agriculture and Markets Law.

 

            2.         That the County Agricultural and Farmland Protection Board is directed to prepare and file with the Board of Legislators a report in accordance with Section 303-a subdivision 2.b. of the Agriculture and Markets Law.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

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

 

            Resolution Intro. No. 138-08 (Resolution Requesting that Governor Paterson Disapprove Assembly Bill A11743 and Senate Bill S8699 as Detrimental to Law Enforcement and Public Safety) was not pre-filed and was considered from the floor on a motion made by Legislator Reynolds, seconded by Legislator Dibble and carried.

 

RESOLUTION NO. 135-08

 

Resolution requesting that governor paterson

disapprove assembly bill a11743 and senate bill s8699 as

detrimental to law enforcement and public safety

 

Offered by:  Ways and Means Committee

 

            Whereas, both the New York State Assembly and the New York State Senate have passed legislation referred to as Assembly Bill A11743 and Senate Bill S8699, and

 

            WHEREAS, the primary focus of this bill was to deal with abuses involving pension fraud uncovered in several school districts across the State, and

 

            WHEREAS, the underlying problems involving pension fraud in school districts were not problems encountered in Allegany County, and

 

            Whereas, it has come to the attention of this Board that part of this legislation seeks to amend the requirements and procedures for obtaining a waiver under Section 211 of the Retirement and Social Security Law, and

 

            WHEREAS, in the area of law enforcement it is especially critical that the County has the ability to secure the services of highly trained and seasoned professionals, and

 

            WHEREAS, in both the District Attorney’s Office and the Sheriff’s Office the County currently employs key individuals who qualify under existing Section 211 waiver requirements, and

 

            WHEREAS, the proposed changes to the Section 211 waiver requirements will most likely result in the loss of these key individuals creating an immediate and serious detrimental impact on law enforcement and public safety in Allegany County, and

 

            WHEREAS, in the area of law enforcement this Board does not feel acceptable candidates to fill potential vacancies from the loss of these key individuals are readily available, and

 

            WHEREAS, this Board believes the underlying issues leading to the proposed legislation can be addressed in a manner that does not undermine law enforcement and public safety, now, therefore, be it

 

            RESOLVED:

 

            1.         That the Allegany County Board of Legislators hereby urges Governor Paterson to disapprove the bill in its present form.

 

            2.         That certified copies of this resolution shall be forwarded to Governor David A. Paterson, Senator Catharine M. Young and members of the Assembly Daniel J. Burling and Joseph M. Giglio.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

            Seconded by:  Mr. Dibble                                                             12 Ayes, 2 Noes, 1 Absent

                                                                                                             Voting No:  Kruger, Ungermann

 

Comments made regarding Resolution No. 135-08 included:  Assistant County Attorney Leslie Haggstrom summarized that the referenced bills address recent litigation involving attorneys under contract with school districts with memberships in the pension fund when they weren’t eligible, or “double-dipping.”  These bills are an overreaching way to avoid the problem, and inadvertently include some people who are retired law enforcement personnel drawing their pension, but also working part-time, which is entirely legal.  The County currently has individuals working in the Offices of the Sheriff and the District Attorney under this latter scenario.  This legislation would preclude them from continuing to provide their services and experience to the County at a good cost.

 

            Resolution Intro. No. 139-08 (Urging State of New York to Modify the Law and Regulations so as to Assist the Development of Oil and Gas Resources in the State) was not pre-filed and was considered from the floor on a motion made by Legislator Hall, seconded by Legislator McCormick and carried.

 

RESOLUTION NO. 136-08

 

URGING STATE OF NEW YORK TO MODIFY THE LAW AND REGULATIONS SO AS

TO ASSIST THE DEVELOPMENT OF OIL AND GAS RESOURCES IN THE STATE

 

Offered by:  Ways and Means Committee

 

            WHEREAS, several counties in the State of New York possess exploitable and valuable oil and gas resources, and

 

            WHEREAS, seventy to eighty percent of oil reserves are still in place in Allegany County, and

 

            WHEREAS, new technology has made the renewed production of oil and gas and a revitalization of the oil and gas industry in Allegany County and the State of New York possible, and

 

            WHEREAS, the recent rise in the price of oil has made it profitable to pursue oil and gas development if state regulations and policies are industry friendly, and

 

            WHEREAS, the Allegany County Board of Legislators had previously adopted Resolution No. 25-2008 urging the state to establish policies that will assist the development of oil and gas resources in the state, and

 

            WHEREAS, the State of New York through its laws and regulations unnecessarily restricts oil and gas drilling and production within certain geological formations, and

 

            WHEREAS, elimination of certain restrictions has the potential to provide significant economic benefits with little environmental impact, now, therefore, be it

 

            RESOLVED: 

 

            1.         That New York State through the State Legislature and Department of Environmental Conservation modify New York State Environmental Conservation Law and regulations to eliminate oil well spacing and the gas-oil production ratio in the Upper Devonian Period, Canadaway Group Formations, as described in the Stratigraphic Section of Southwestern New York State maintained by the State Department of Environmental Conservation.

 

            2.         That certified copies of this resolution be mailed to New York State Governor David A. Paterson, NYS DEC Commissioner Peter Grannis, the Senate and Assembly En-Con Committee, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, NYSAC, and the InterCounty Association of Western New York.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

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 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $1,580,482.95 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 $5,141,863.)

 

COMMENTS:

 

            Chairman Crandall recognized Legislator Daniel Russo, who is the 2008 recipient of the New York Collegiate Baseball League Eddie and Mini Daub Award for outstanding contributions to the league.  Legislator Russo has spent the past ten years as owner, general manager, and president of the Allegany County Nitros, and he serves as the treasurer for the New York Collegiate Baseball League.

 

ADJOURNMENT:  The meeting was adjourned at 2:47 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Kruger and carried.