ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

 MAY 12, 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 April 14, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried.

 

            The Board meeting minutes of April 28, 2008 were approved on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall granted privilege of the floor to Kimberley Toot, Office for the Aging Director, regarding Older Americans Month.  Older Americans constitute one of our largest resources, logging many hours of volunteer community and civic services.  Volunteer income tax assistants helped to file over 700 tax returns, bringing more than $212,000 back into Allegany County’s economy, volunteer drivers provided 694 rides to doctor appointments and grocery shopping, and ombudsmen visited all four nursing facilities and the larger adult care homes.  Today’s older citizens are among the most active and engaged older adult populations in our Nation’s history.  We have the responsibility to ensure their well-being by modernizing systems of care and providing consumers with more control over their lives.  Through working together for a strong, active, supportive community, we can help our older citizens obtain: programs to reduce risk of disease, disability, and injury; tools to make informed decisions about, and gain better access to, existing health and long-term care options; and more options to avoid placement in nursing homes and remain at home as long as possible.  Find ways to enrich the lives of our older citizens by volunteering to deliver meals, visiting someone who is lonely, leading an exercise class, serving on a committee, and by working together to improve their health and well-being.

 

            Chairman Crandall granted privilege of the floor to Sally Dougherty, Counseling Center Program Director, regarding Mental Health Month.  National Mental Health Month was established over 50 years ago to raise awareness of the recognition and treatment of mental illness.  Mental illness is a disease that causes changes in thinking, behavior, and feelings.  It can strike anyone; fifty-four million Americans are affected.  More than six million young people may suffer from mental health disorders that disrupt their functioning in the community.  Today most can function with treatment, and the vast majority are not violent.  Seventy-five percent of doctor visits are for stress-related illnesses.  Mental health and well-being are equally as important as physical health.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

            1.         Placed on each legislator’s desk was a copy of the Report of Tax Bill Corrections approved by the County Administrator for the month of April 2008.

 

            2.         Also placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of April 2008.

 

            3.         Correspondence was received from the Town of Alma acknowledging and concurring with Allegany County serving as lead agency in the required environmental review under the proposed County Comprehensive Plan.

 

            4.         County Attorney Thomas A. Miner filed a Designation of Succession to Office of Allegany County Attorney in the Clerk of the Board’s Office on April 29, 2008.  Appointed were:  Leslie J. Haggstrom, First Assistant County Attorney; Carissa M. Healy, Second Assistant County Attorney; and Nora Carnes, Third Assistant County Attorney.

 

            5.         The last Inter-County Association meeting was hosted by Erie County at the Buffalo Marriott Niagara in Amherst on May 9.

 

            6.         Correspondence was received from Dennis J. Norton responding on behalf of Governor David Paterson regarding a letter we recently sent summarizing some of the impact of the proposed 2008-09 State Budget actions on Allegany County.

 

            7.         Southern Tier West Regional Planning and Development Board forwarded copies of their April 17 minutes, as well as a meeting notice for their May 16 meeting.

 

            8.         Correspondence was received from Assemblyman Joseph Giglio acknowledging receipt of our Resolution No. 72-08 supporting passage of the New York State Property Taxpayers Protection Act.

 

            9.         Correspondence was received from Assemblyman Daniel Burling acknowledging receipt of our Resolution No. 72-08 supporting passage of the New York State Property Taxpayers Protection Act.  Assemblyman Burling is a cosponsor of this legislation.

 

            10.       Chairman Crandall signed a letter and certificate congratulating Bertha Muench on her retirement and recognizing her 16 years of service as a Luncheon Center Manager for Allegany County.

 

            11.       The next Fire Advisory Board meeting will be held on Thursday, May 22, at 8 p.m. in Room 122 at the Allegany County Jail and Public Safety Facility.

 

            12.       An invitation was received for the Legislative Intern Session on Monday, May 19, from 11 a.m. to 12:00 p.m. in the Legislative Chambers.

 

PROCLAMATIONS:          

 

            Chairman Crandall proclaimed May 2008 as Older Americans Month in Allegany County and urged all citizens to work collaboratively to strengthen the services Allegany County provides to its older adults in ways that recognize the changing nature of their needs, and that provide older adults with more opportunities to make informed choices about their lives.  Our efforts can improve the lives of our older citizens and help pave the way for future generations.

 

            Chairman Crandall proclaimed May 2008 as Mental Health Month in Allegany County in recognition of the mental health care given by all mental health care providers in the County. 

 

RESOLUTIONS:

 

            RESOLUTION INTRO. NO. 84-08 (MEMORIALIZING STATE LEGISLATURE TO CAUSE CORRIDOR STUDIES TO BE DONE OF THE EXTENSION SOUTHERLY OF STATE ROUTE 408 AND THE EXTENSION EASTERLY OF STATE ROUTE 243) was DEFEATED on a roll call vote of 7 Ayes, 8 Noes, 0 Absent.  Voting No:  Burdick, Kruger, McCormick, O’Grady, Reynolds, Russo, Truax, Ungermann.  Comments included:

 

Mr. McCormick, Mr. Reynolds, and Mr. Ungermann noted that these extensions have been discussed before, and they’d rather see the state study the corridor between Elm Valley and Alfred, County Road 12, the highest traveled road in the County with all the student, employee, trade, and service people traffic to the two colleges.  They don’t believe we should ask the state again to study these extensions.

 

RESOLUTION NO. 82-08

 

APPOINTMENT OF ONE NEW MEMBER TO THE

ALLEGANY COUNTY PLANNING BOARD

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That Valerie Perkins of Caneadea, New York is appointed as a member of the Allegany County Planning Board to fill the remainder of Richard Hollis's three-year term commencing April 28, 2008 and expiring December 31, 2010.

 

            Moved by:  Mr. Reynolds                                                                          Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                           15 Ayes, 0 Noes, 0 Absent

 

            A motion was made by Legislator Reynolds, seconded by Legislator Kruger and carried, to grant Legislator Hopkins permission to abstain from voting on Resolution Intro. No. 86-08 (Approval of Board Chairman’s Reappointment of Two Members to Southern Tier West Regional Planning and Development Board).

 

RESOLUTION NO. 83-08

 

APPROVAL OF BOARD CHAIRMAN’S REAPPOINTMENT OF TWO MEMBERS TO SOUTHERN TIER WEST REGIONAL PLANNING AND DEVELOPMENT BOARD

 

Offered by:  Ways and Means Committee

 

Pursuant to Resolution No. 35-68, as amended by Resolution No. 93-75

 

            RESOLVED:

 

            1.         That the reappointments by the Chairman of this Board of Susan F. Myers of Friendship, New York and Theodore L. Hopkins of Fillmore, New York as members of the Southern Tier West Regional Planning and Development Board, with term of office commencing June 1, 2008 and expiring May 31, 2011 are approved.

 

            Moved by:  Mr. Reynolds                                                                          Adopted:  Roll Call

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

                                                                                                                              Abstaining:  Hopkins

 

RESOLUTION NO. 84-08

 

SALE OF TAX LAND IN VILLAGE OF ALFRED

 

Offered by:  Ways and Means Committee

 

            WHEREAS, the Village of Alfred, has agreed to Term of Sale and offered the sum of $1.00 plus current year taxes for a deed of the County's interest in premises formerly assessed on the tax rolls to J.L.H.C. Inc. and described as follows:

 

ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Village of Alfred, County of Allegany and State of New York, described as follows, viz:   61 South Main Street    1.20 Acres    Tax Map No. 164.11-1-53, and

 

            WHEREAS, the Ways and Means Committee believes that the Term of Sale and the above sum offered is fair and reasonable and the best that can be obtained under the circumstances and that the said sale will be advantageous to the County, now, therefore, be it

 

            RESOLVED:

 

            1.         That such agreed to Term of Sale and monetary offer is accepted and the Chairman of this Board is authorized and directed to execute on behalf of the County of Allegany and to cause to deliver to such purchaser a quit claim deed of the County's interest in such premise, and to attach to such deed the official seal; all upon satisfaction of the Terms of Sale and full payment to the County Treasurer of the monetary offer.

 

            Moved by:  Mr. Reynolds                                                                          Adopted:  Roll Call

            Seconded by:  Mr. Hall                                                                15 Ayes, 0 Noes, 0 Absent

 

Comments made regarding Resolution No. 84-08:  Mr. Hall noted that the property was an old fraternity house which was sold at one time, but the buyers lacked the resources to restore it.  Because the 21st Century Group in Alfred has taken an interest and can raise funds, along with college resources and students to work on it, the Village can restore the property and eliminate an eyesore.  The property has been offered at tax sale in the past.

 

RESOLUTION NO. 85-08

 

ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND

APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS

 

Offered by:  Ways and Means Committee

 

            WHEREAS, a check in the amount of $212.60, representing the full cost to replace a cracked windshield on a County vehicle has been offered by NYMIR in settlement for such property damage, now, therefore, be it

 

            RESOLVED:

 

            1.         That an insurance payment in the amount of $212.60 from NYMIR representing the full cost of replacing a cracked windshield on a County vehicle is accepted.

 

            2.         That the sum of $212.60 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680 (Risk Retention – Insurance Recovery).

 

            Moved by:  Mr. Reynolds                                                                          Adopted:  Roll Call

            Seconded by:  Mr. Hopkins                                                        15 Ayes, 0 Noes, 0 Absent

 

(Memo:  The insurance settlement accepted by Resolution No. 85-08 was for a windshield in a Community Services 2004 Chevy Venture damaged by unknown causes on April 2, 2008.)

 

RESOLUTION NO. 86-08

 

ACCEPTANCE OF NON-BUDGETED NEW YORK STATE DEPARTMENT OF HEALTH GRANT FOR FAMILY PLANNING/REPRODUCTIVE HEALTH PROGRAM; APPROPRIATION OF SAME TO FAMILY PLANNING ACCOUNTS

 

Offered by:  Human Services and Ways and Means Committees

 

            RESOLVED:

 

            1.         That a non-budgeted New York State Department of Health Reproductive Health Services Grant-in-aid in the amount of $56,865 is accepted.

 

            2.         That the sum of $56,865 is appropriated to Account No. A4035.4 (Family Planning Clinic – Contractual) with a like sum credited to Revenue Account No. A10.3450.00 (Family Planning Grant Program).

 

            Moved by:  Mr. Truax                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                          15 Ayes, 0 Noes, 0 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 Kruger and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $3,128,556.51 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 $3,234,067.)

 

COMMENTS:

 

            Mr. Ungermann read aloud a letter received from CBRE, CB Richard Ellis, of Buffalo, who represents the owners of a parcel of land at the Crossroads Site to market the property for commercial development (copies distributed to each legislator and also attached to original minutes).  The letter points to the desirability of the parcel for development, but also notes that the lack of sewer and water infrastructure is rendering the property unmarketable.  Extension of sewer and water to the property would be an investment in the County’s growth, resulting in job creation, increased real estate tax base, increased sales tax revenue, residential housing growth, etc.  The writers note that a commitment from the County to extend the necessary infrastructure to the location within a reasonable period of time would greatly assist them in their efforts to attract quality users to the Crossroads.  Signatories are Robert Roller, Partner CBRE-Buffalo, Joseph Strzelec, Principal, and Charles Bares, Principal.  Mr. Ungermann commented that it is important to move things along, sooner rather than later, to avoid missing an opportunity to increase our tax base and sales tax revenue.  He also made note of the vacant County Planner position, which is one of the things mentioned in the Comprehensive Plan that the County should have.

 

            Mr. Reynolds thanked the Veterans’ Service Agency and everyone else involved in bringing the Vietnam Memorial moving wall to Allegany County.

 

            Mr. Pullen made note of a report entitled “21st Century Local Government, Report of the New York State Commission on Local Government Efficiency and Competitiveness,” available on-line or from Albany, which addresses issues like inefficiencies.  There are excellent ideas included, which, if implemented at all levels, would be extremely helpful and could save money.

 

            Mr. Pullen requested that the Board consider supporting NYSAC (New York State Association of Counties) in opposition to legislation that would establish a moratorium on retiree health insurance changes.

 

            Mr. Pullen also noted a Department of Environmental Conservation proposed rule change to eliminate open burning.  This change would impact people in rural areas who currently use burn barrels and burn brush piles.  Although open burning is presently prohibited in cities, villages, or towns with populations of 20,000 or more, this change will ban open burning statewide.  There are seven public hearings scheduled, with only one in Western New York (Batavia).  A request should be made for a hearing in the Southern Tier region.

 

            Mr. Ungermann thanked the representatives from the various firefighter groups that attended the Committee of the Whole meeting on May 8 to voice their concerns.  It was a fruitful meeting.

 

ADJOURNMENT:  The meeting was adjourned at 2:40 p.m. on a motion made by Legislator Truax, seconded by Legislator Dibble and carried.