ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

MARCH 24, 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 Reynolds.

 

ROLL CALL:  14 Present; 1 Absent (Legislator Pullen).

 

APPROVAL OF MINUTES:

 

            The Board meeting minutes of March 10, 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 to consider the use of $50,000 from the County Road Repair Reserve to partially finance the cost of reconstructing Bridge No. 15-16 on the Farnsworth Road in the Town of Cuba.  There being 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 to present a certificate to the April 2008 Employee of the Month, Deputy Sheriff Daniel Hanchett, of the Sheriff’s Office, in recognition of his actions during the November 19, 2007 armed robbery in Wellsville.

 

            Representatives from the following departments and agencies were present to answer questions regarding their 2007 Annual Reports:  District Attorney, Board of Elections, Employment and Training, Public Defender, STOP DWI, Veterans’ Service Agency, Workers’ Compensation, and Youth Bureau.

 

            Chairman Crandall granted privilege of the floor to Judith Hopkins, Business Education Community Coalition (BECC) Coordinator; Dr. Byron Chandler, Wellsville Central School Superintendent; and Dean Giopulos, Wellsville High School Principal for a presentation on the 7th Annual Career Awareness Day.  BECC develops programs to bring the business and education communities together, with the main focus on careers, especially those available locally.  This year’s Career Awareness Day will be held in Wellsville on March 26.  Approximately 63 businesses, agencies, colleges, and the military will be represented, and over 700 students from 12 schools throughout the County are expected to attend.  The purpose is to help participants gain a better understanding of the qualifications and aspects of available jobs.

 

PROCLAMATIONS:

 

            Chairman Crandall proclaimed March 26, 2008 as the 7th Annual Career Day in Allegany County, which promotes career opportunities to local youth and encourages them to gain meaningful employment and reside in Allegany County.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

            1.         Placed on each legislator’s desk for review were copies of the 2007 Annual Reports from the following departments or agencies:  County Historian, Information Technology, Parks and Forests, Soil and Water Conservation District, and Weights and Measures.

 

            2.         The County Treasurer filed the Allegany County Actuarial Valuation of Postretirement Health Care Benefits as of January 1, 2007 including Notes to Financial Statements as of December 31, 2007 in the Clerk of the Board’s Office on March 19, 2008.

 

            3.         Received in the Clerk of the Board’s Office was a copy of correspondence that Assemblyman Joseph Giglio sent to Governor Eliot Spitzer urging that $730,000 be released to serve as matching funds for FEMA grant funding to be used for the Genesee River Hazard Mitigation Project.

 

            4.         Correspondence was received from Assemblyman Daniel Burling acknowledging receipt and indicating his support of our recent Resolution No. 41-08 and Resolution No. 42-08 opposing state mandates and cost shifting.

 

RESOLUTIONS:

 

RESOLUTION NO. 55-08

 

CREATING AND ABOLISHING POSITIONS IN THE

DEPARTMENT OF PUBLIC WORKS

 

Offered by:  Public Works Committee

 

            RESOLVED:

 

            1.         That one position of Heavy Motor Equipment Operator 1 is created and one position of Motor Equipment Operator/Welder is abolished in the Department of Public Works.

 

            2.         That two positions of Motor Equipment Operator 1 are created and 2 positions of Motor Equipment Operator are abolished in the Department of Public Works.

 

            3.         This resolution shall take effect on March 25, 2008.

 

            Moved by:  Mr. Fanton                                                                              Adopted:  Roll Call

            Seconded by:  Mr. O’Grady                                                        14 Ayes, 0 Noes, 1 Absent

 

RESOLUTION NO. 56-08

 

A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR

STATE ASSISTANCE FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW)

STATE ASSISTANCE PROGRAM AND

AUTHORIZING SIGNING OF THE ASSOCIATED STATE CONTRACT

UNDER THE APPROPRIATE LAWS OF NEW YORK STATE

 

Offered by:  Public Works Committee

 

            WHEREAS, the State of New York provides financial aid for household hazardous waste programs, and

 

            WHEREAS, the County of Allegany herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, and

 

            WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid, now, therefore, be it

 

            RESOLVED:

 

            1.         That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.

 

            2.         That the Chairman of the Board or his designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE.

 

            3.         That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs.

 

            4.         That five (5) Certified Copies of this Resolution be prepared and sent to the NYSDEC together with a complete application.

 

            5.         That this resolution shall take effect immediately.

 

            Moved by:  Mr. Fanton                                                                              Adopted:  Roll Call

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

 

RESOLUTION NO. 57-08

 

APPROPRIATION OF FUNDS FOR THE RECONSTRUCTION OF BRIDGE NO. 15-16

ON THE FARNSWORTH ROAD IN THE TOWN OF CUBA;

TRANSFER OF FUNDS FROM COUNTY ROAD REPAIR RESERVE AND

CONTINGENT ACCOUNT TO CAPITAL PROJECT ACCOUNT NO. H5802

 

Offered by:  Public Works and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the transfer of $50,000 from County Road Repair Reserve Account No. D882.0000 to Capital Project Account No. H5802, is approved.

 

            2.         That the transfer of $31,250 from Account No. A1990.429 (Contingent) to Capital Project Account No. H5802 (Bridge #15-16 BIN 2214570), Farnsworth Road, Town of Cuba, is approved.

 

            3.         That the following budget adjustments relating to the Capital Project for the reconstruction of Bridge #15-16, Farnsworth Road, Town of Cuba, are approved:

 

            H5802.200                Farnsworth Bridge #15-16, Cuba             $165,000

            H03.2300.5802         Town Revenue                                                24,750

            H12.5031.5802         County’s Share (85%)                                  140,250

 

            D09.2801.09             Revenue from Town Capital                         28,000

            D12.5031.03             Interfund from General                                  (28,000)

 

            D9553.904                Interfund to Capital                                          13,000

            D5110.408                County Road – Supplies                               (13,000)

 

            DM09.2801.09          Revenue from Town Capital                         18,000

            DM12.5031.03          Interfund from General                                  (18,000)

 

            A9560.904                 Interfund to Capital                                          46,000

            A9522.901                 Interfund to County Road                             (28,000)

            A9523.901                 Interfund to Road Machinery                        (18,000)     

 

            Moved by:  Mr. Fanton                                                                              Adopted:  Roll Call

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

 

Comments made regarding Resolution No. 57-08:  Mr. McCormick agreed with the bridge repair, but wanted to emphasize what had to be done to find the funds.  The County’s share of $140,000 is split between the $50,000 transfer from County Road Repair Reserve, the $30,000 transfer from Contingent, and transfers from several accounts within the department.  The last item could cause him to argue that some of these accounts were overstated, or that as the year progresses they will be underfunded.  Necessary bridge repair can take us by surprise sometimes, as this one did, but we need a better system of dealing with it in the future.  Mr. Reynolds pointed out that what happens is that during budget time, we start cutting and quite often look to Public Works as a place to cut.  Cutting back on the bridge program could put us in a difficult situation.

 

RESOLUTION NO. 58-08

 

TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT

 

Offered by:  Public Works and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $22,000 is transferred from Account No. A1990.4 (Contingent) to an Account to be determined by the County Treasurer, to finance the cost of recycling construction and demolition debris.

 

            Moved by:  Mr. Fanton                                                                              Adopted:  Roll Call

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

 

(Memo:  The transfer approved by Resolution No. 58-08 will fund the recycling of construction and demolition debris at a cost of $30 per ton for a six-month trial basis with LaForge Disposal.)

 

RESOLUTION NO. 59-08

 

APPROVAL OF INTERMUNICIPAL AGREEMENT BETWEEN

MONROE COUNTY AND ALLEGANY COUNTY FOR FORENSIC PATHOLOGY SERVICES THROUGH THE MONROE COUNTY MEDICAL EXAMINER’S OFFICE

 

Offered by:  Human Services Committee

 

Pursuant to County Law § 675

 

            RESOLVED:

 

            1.         That Intermunicipal Agreement between Monroe County and Allegany County for forensic pathology services for the period of January 1, 2008, to December 31, 2010, is approved.

 

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

 

            Moved by:  Mr. Truax                                                                                 Adopted:  Roll Call

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

 

(Memo:  The agreement approved by Resolution No. 59-08 is for a three-year period and is a continuation of an existing agreement for the provision of forensic services.  These services are primarily autopsy and post mortem toxicology, and are provided on an as-needed basis typically associated with unattended deaths.  The proposed 2008 fee is $26,355, a three percent increase over 2007, with annual three percent increases for 2009 and 2010.  Funds have been budgeted to cover this mandatory service.)

 

Comments made regarding Resolution No. 59-08:  Mr. O’Grady questioned if any other Medical Examiner’s office was considered.  Mr. Truax noted that the County has contracted with Monroe County for quite a while, and they are large enough to handle our volume of cases.  Chairman Crandall pointed out that there is not a large selection.

 

Mr. Ungermann asked about the number of times we have used the service.  Chairman Crandall responded that all cases requiring autopsies are taken there, and Mr. Margeson noted there were 39 cases in 2007.

 

AUDITS:

 

            A motion was made by Legislator Truax, seconded by Legislator Dibble 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 $1,499,582.70 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 $2,024,724.)

 

COMMENTS:

 

            Mr. Kruger expressed his displeasure on not being contacted for a recent joint meeting of the Budget and Human Services Committees regarding a Health Department study.  Chairman Crandall responded that committee meetings were not held; the contractor requested a meeting with a few key people to determine what information should be gathered and presented.

 

            Mr. Kruger referred to a recent letter sent to Fire Coordinator Paul Gallmann by Chairman Crandall regarding circumstances surrounding the tragic loss of Volunteer Firefighter Ron Thomas.  The letter inferred Board members’ support by the use of Legislative Board letterhead and the use of the word “we” throughout the letter, although Board members did not have the opportunity to review the letter or include their comments.  Mr. Kruger agreed with much of the letter, but disagreed wholeheartedly on some aspects.   Chairman Crandall responded that his signature does represent the Board in many ways, and the letter was reviewed by the County Attorney and outside counsel prior to being sent.  He would have a hard time constructing a letter with fifteen points of view included.    The matter referred to in the letter is in litigation and out of our hands.  Mr. Reynolds noted that Mr. Kruger’s comments about dissension were curious considering his recent revisions to a brochure that he distributed reflecting his opinions but still containing other legislators’ names.  Mr. Kruger responded the brochure was his attempt at political satire, but the firefighters’ situation is a much different type of matter, as there are hard feelings involved.

 

ADJOURNMENT:  The meeting was adjourned at 2:35 p.m. on a motion made by Legislator Fanton, seconded by Legislator Truax and carried.