ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

 MAY 27, 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 Committee of the Whole meeting minutes of May 8, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried.

 

            The Board meeting minutes of May 12, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Pullen and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall granted privilege of the floor to Sheriff William R. Tompkins, accompanied by Jail Administrator Chris Ivers, Correction Officer Kevin Morseman, and Deputy Sheriff James Richardson, for a short presentation on the Working Inmate Program.  Mr. Ivers narrated a slide show highlighting the traditional programs such as laundry, cleaning, and road clean-up, as well as the newly instituted programs including the vegetable garden, inmate clothing mending, and pheasant raising.  These programs help to reduce costs in the facility, and positive outcomes for the inmates include reduced recidivism, encouragement for better decision-making, positive interaction, a sense of accomplishment, and  increased chances for employment after release.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

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

 

            2.         Correspondence was received from Senator Catharine Young regarding the status of the WAG Trail.  The NYS DEC has taken the steps necessary to formally request more time to review it in order that no grants will be lost.

 

            3.         Correspondence was received from Senator Catharine Young informing us that $2 million has been restored to the budget for the BRIDGE Program at Jamestown Community College.  This program serves Social Services recipients and unemployed or underemployed residents, enabling them to gain the education and skills necessary to succeed.

 

            4.         A news release was received from Southern Tier West Regional Planning and Development Board highlighting their May 16 meeting.

 

APPOINTMENT:

 

            The Clerk of the Board announced that Chairman Crandall has appointed Christine Johnson of Angelica, NY, as a member of the MERCY FLIGHT CIVIC ADVISORY COMMITTEE, effective immediately to serve at his pleasure.

 

PROCLAMATION:

 

            Chairman Curtis W. Crandall proclaimed May 28, 2008 as National Senior Health and Fitness Day in Allegany County, and urged all citizens to support the efforts of local organizations that encourage older adults to enhance their lives through physical activity.

 

RESOLUTIONS:

 

RESOLUTION NO. 87-08

 

RESOLUTION REQUESTING NEW YORK STATE TO ENACT LEGISLATION

PROHIBITING TEXT MESSAGING WHILE DRIVING

 

Offered by:  Public Safety Committee

 

            WHEREAS, Section 1225-c of the Vehicle and Traffic Law of the State of New York provides that no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion, and

 

            WHEREAS, the Allegany County Sheriff has reported that text messaging while operating a motor vehicle on a public highway may have been a causal factor of a motor vehicle accident occurring in June 2007, in the Town of East Bloomfield that resulted in the death of five teenagers, and

 

            WHEREAS, there have been instances throughout the State of New York where operators of motor vehicles are text messaging while driving and cause an accident, and

 

            WHEREAS, operating a motor vehicle on a public highway requires the full attention and focus of the driver and texting while driving distracts drivers from this obligation, and

 

            WHEREAS, the Allegany County Board of Legislators feels that the State Legislature should adopt an amendment to the Vehicle and Traffic Law to prohibit operators of motor vehicles from text messaging while they are driving, and

 

            WHEREAS, bills have been proposed in the State Assembly and Senate to prohibit operators of motor vehicles from using a mobile telephone for writing, sending, or reading a text message while such vehicle is in motion, and

 

            WHEREAS, the Allegany County Board of Legislators feels that this proposed legislation is desirable to avoid any further accidents, now, therefore, be it

 

            RESOLVED:

 

            1.         That the Allegany County Board of Legislators hereby requests the State Senate, Assembly, and Governor to enact legislation to prohibit text messaging while operating a motor vehicle.

 

            2.         That the Clerk of this Board is directed to send a copy of this resolution to Governor David A. Paterson, Senator Michael E. Nozzolio, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, and the New York State Sheriffs' Association, and that a response be requested from each elected official.         

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

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

 

RESOLUTION NO. 88-08

 

AMENDMENT OF RESOLUTION NO. 242-2007 TO

INCREASE SALARY OF THIRD ASSISTANT COUNTY ATTORNEY

 

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 Third Assistant County Attorney from $46,395 to $53,000.

 

            2.         This resolution shall take effect May 28, 2008.

 

            Moved by:  Mr. Hall                                                                                      Adopted:  Roll Call

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

                                                                                                             Voting No:  Kruger, Ungermann

 

Comments made regarding Resolution No. 88-08:  Mr. Kruger felt that requested salary increases should be dealt with one time per year during the budget process.  Mr. Reynolds noted that this was a unique situation involving reworking the department, and it was handled in a way that saved dollars.

 

RESOLUTION NO. 89-08

 

A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE

2005 THROUGH 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 Alma is ordered and directed to correct in the 2006 through 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.         Paonessa, Louis J.;  Parcel 288.-1-8.2

                        Assessment:  Land $10,000 Total $10,000

 

this parcel was deleted from the Tax Roll, and the County Treasurer is directed to make the following refund:

 

 

2005-06

 School

2006

2006-07

School

2007

2007-08

School

 

2008

Allegany County

 

$146.69

 

$148.19

 

 

$150.55

Town of Alma

 

170.71

 

181.72

 

176.39

Fire

 

15.93

 

16.04

 

16.03

School

$220.23

 

$224.31

 

$228.79

 

Library

3.15

 

3.10

 

3.05

 

 

 

 

 

 

 

 

Total

$223.38

$333.33

$227.41

$345.95

$231.84

$342.97

 

            5.         That the Tax Collector of the Town of Wirt 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.         Forestlands, Inc.  Parcel 234.-1-8

                        Assessment:  Land $18,300 Total $18,300

 

this parcel was split and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

 

Allegany County

$372.80

Town

337.85

Fire

46.57

School Relevy

431.75

Total

$1,188.97

 

            6.         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.

 

            7.         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 County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2009.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

RESOLUTION NO. 90-08

 

ACCEPTANCE OF MEMBER INITIATIVE FUNDING FROM

STATE SENATOR CATHARINE YOUNG FOR

PURCHASE OF 911 SOFTWARE EQUIPMENT FOR SHERIFF'S OFFICE;

APPROPRIATION OF FUNDING TO COMMUNITY ENHANCEMENT

ASSISTANCE PROGRAM ACCOUNT

 

Offered by:  Public Safety and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $20,000 of member initiative funding from State Senator Catharine Young to the Allegany County Sheriff's Office for the purchase of 911 software equipment is accepted.

 

            2.         That the accepted sum of $20,000 is appropriated to Account No. A3115.203 (Community Enhancement Assistance Program – Equipment) with a like sum credited to Revenue Account No. A10.3389.3115 (State Aid – Community Enhancement Asst.)

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

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

 

RESOLUTION NO. 91-08

 

ACCEPTANCE AND APPROPRIATION OF FUNDING INCREASING THE SFY 08-09 CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS)

 

Offered by:  Public Works and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $248,950.84 increasing the SFY 08-09 Consolidated Highway Improvement Program (CHIPS) is accepted and appropriated to Account No. D5112.223 (County Road CHIPS Paving) with a like sum credited to Revenue Account No. D10.3501.00 (State Aid – CHIPS).

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

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

 

RESOLUTION NO. 92-08

 

TRANSFER OF FUNDS WITHIN OFA – WEATHERIZATION ACCOUNT

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That the sum of $576 is transferred from Account No. A6784.402 (Mileage) to Account No. A6784.806 (Hosp/Med).

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

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

 

RESOLUTION NO. 93-08

 

APPROVAL OF LEASE OF LANDS TO JOHN FRANCISCO TO BE USED FOR AGRICULTURAL PURPOSES ONLY

 

Offered by:  Ways and Means Committee

 

            WHEREAS, the County desires to lease County land for agricultural purposes only, now, therefore, be it

 

            RESOLVED:

 

            1.         That the Lease of County Land between the County of Allegany and John Francisco for approximately 17 acres of land south of the Allegany County Jail and Public Safety Facility on State Route 19, and for approximately 34 acres of land in the Town of Friendship, is approved.

 

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

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

(Memo:  The term of the leases approved in Resolution No. 93-08 is May 27, 2008 through December 31, 2008.)

 

RESOLUTION NO. 94-08

 

APPROVAL OF AGREEMENT FOR HAULING AND RECYCLING OF

CONSTRUCTION AND DEMOLITION DEBRIS BETWEEN COUNTY OF ALLEGANY AND LAFORGE DISPOSAL SERVICE, INC.

 

Offered by:  Public Works Committee

 

            RESOLVED:

 

            1.         That Agreement for Hauling and Recycling of Construction and Demolition Debris between County of Allegany and LaForge Disposal Service, Inc. commencing May 27, 2008 and expiring November 27, 2008, is approved.

 

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

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

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

 

RESOLUTION NO. 95-08

 

APPROVAL OF AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR CAPITAL FUNDS FOR PROJECT WITH THE

COUNTY REGIONAL TRANSPORTATION SYSTEM AND

PROVIDING FOR LOCAL SHARE OF PROJECT

 

Offered by:  Ways and Means Committee

 

            WHEREAS, Allegany County has been approved for a grant of funds by the New York State Department of Transportation, pursuant to Section 5311, Title 49, United States Code, for a project described as purchase of one bus, two shelters and related equipment for support of its regional transit system, and

 

            WHEREAS, Allegany County and the State of New York are entering into an Agreement which authorizes the undertaking of the Project and payment of the Federal and State Shares for the project, now, therefore, be it

 

            RESOLVED:

 

            1.         That the Chairman of the Allegany County Board of Legislators is authorized to sign:

 

a.         Any and all Agreements between Allegany County and the State of New York for the above named Project.

 

b.         Any and all Agreements between Allegany County and any third party subcontractors necessary to complete the Project.

 

c.         Any and all Agreements between Allegany County and any vendor for the purchase and/or installation of vehicles and/or equipment or facilities.

 

            2.         That Allegany County certifies through this resolution that the estimated local share of $7,000 is committed to this Project from an account to be determined by the County Treasurer.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

                                                                                                                                   Voting No:  Fanton

 

(Memo:  Resolution No. 95-08 approved an agreement between the County and the New York State Department of Transportation for receipt of a federal USDOT Section 5311 Capital Program Grant in the amount of $70,000 to be utilized for the purchase of one public passenger bus and two shelters which will be erected at locations yet to be determined along the route of the Allegany County Transit system.  The $7,000 local share match will be provided by First Transit, Inc.)

 

RESOLUTION NO. 96-08

 

APPROVAL OF SNOW REMOVAL AND ICE CONTROL AMENDMENT CONTRACT

WITH THE TOWN OF ALMA

 

Offered by:  Public Works Committee

 

            WHEREAS, this Board by Resolution No. 156-07 approved Snow Removal and Ice Control Contracts between the County of Allegany and various Towns in the County for a term of three years beginning with the 2007-2008 snow season and ending May 15, 2010, and

 

            WHEREAS, since the approval and execution of the Snow Removal and Ice Control Contracts the County Roads to be serviced by the Town of Alma has been amended to reflect the accurate miles to be serviced by each Town, now, therefore, be it

 

            RESOLVED:

 

            1.         That Snow Removal and Ice Control Amendment Contract for the Town of Alma reflecting the accurate miles to be serviced by each town for snow season beginning 2008-2009 is approved.

 

            2.         That the Chairman of this Board is authorized to execute such Amendment Contract with the Town of Alma which executed the Snow Removal and Ice Control Contract for the snow seasons beginning with 2008-2009 and ending May 15, 2010.

 

            3.         That an executed duplicate original of each such Amendment Contract shall be filed in the office of the Clerk of this Board along with a certified copy of each such Town Board's resolution approving such Amendment Contract.

 

            4.         That the Clerk of this Board is directed to send a certified copy of this resolution to each of the Town Clerks of such Towns for filing in his or her office.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

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

 

(Memo:  Resolution No. 96-08 revised the number of miles of County Roads included under the Town of Alma’s Snow and Ice Contract.  The Town of Bolivar will maintain the .54 mile portion of County Road 18 from County Road 33 to the Pennsylvania state line previously serviced by the Town of Alma.)

 

RESOLUTION NO. 97-08

 

RESOLUTION APPROVING SNOW REMOVAL AND ICE CONTROL CONTRACT

BETWEEN COUNTY OF ALLEGANY AND THE TOWN OF BOLIVAR

 

Offered by:  Public Works Committee

 

Pursuant to Highway Law § 135-a

 

            WHEREAS, the Public Works Committee and the County Superintendent of Public Works have recommended to this Board that they approve of the proposed contract between the County of Allegany and the Town of Bolivar in Allegany County for the removal of snow from County Roads and for sanding or otherwise treating them for the purpose of removing the danger of snow and ice, now, therefore, be it

 

            RESOLVED:

 

            1.         That Snow Removal and Ice Control Contract between the County of Allegany and the Town of Bolivar in Allegany County for a term covering two (2) seasons beginning with the 2008-2009 snow season and ending with the 2009-2010 snow season, is approved.

 

            2.         That an executed duplicate original of each such Contract shall be filed in the office of the Clerk of this Board along with a certified copy of each such Town Board’s resolution approving such Contract.

 

            3.         That the Clerk of this Board is directed to send a certified copy of this resolution to each of the Town Clerks of such Towns for filing in his or her office.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

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

 

(Memo:  Resolution No. 97-08 approved the addition of the Town of Bolivar for the Snow and Ice Contract beginning with the 2008-09 snow season and ending May 15, 2010.  Bolivar was one of four towns that did not sign the original contract approved by Resolution No. 156-07.  The remaining three are Alfred, Birdsall, and Clarksville.)

 

            Resolution Intro. No. 101-08 (Approval and Ratification of Agreement between the County of Allegany and Western Region Health Corporation for Professional Services) was not pre-filed and was considered from the floor on a motion made by Legislator Truax, seconded by Legislator Dibble and carried.

 

RESOLUTION NO. 98-08

 

APPROVAL AND RATIFICATION OF AGREEMENT BETWEEN THE

COUNTY OF ALLEGANY AND WESTERN REGION HEALTH CORPORATION

FOR PROFESSIONAL SERVICES

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That the Agreement between the County of Allegany and Western Region Health Corporation for the provision of professional services is hereby ratified and approved.

 

            2.         That the Chairman's prior execution of said agreement is hereby ratified.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

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

                                                                                                                                   Voting No:  Kruger

 

(Memo:  The agreement approved by Resolution No. 98-08 provides for services in connection with the operation of the County’s Certified Home Health Care Agency.)

 

            Resolution Intro. No. 102-08 (Approval and Ratification of Agreement between the County of Allegany and Western Region Health Corporation for the Sale of Assets) was not pre-filed and was considered from the floor on a motion made by Legislator Truax, seconded by Legislator Dibble and carried.

 

RESOLUTION NO. 99-08

 

APPROVAL AND RATIFICATION OF AGREEMENT BETWEEN THE

COUNTY OF ALLEGANY AND WESTERN REGION HEALTH CORPORATION

FOR THE SALE OF ASSETS

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That the Agreement between the County of Allegany and Western Region Health Corporation for the sale of assets is hereby ratified and approved.

 

            2.         That the Chairman's prior execution of said agreement is hereby ratified.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

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

                                                                                                                                   Voting No:  Kruger

 

(Memo:  The agreement approved by Resolution No. 99-08 provides for sale of assets in connection with the County’s Certified Home Health Care Agency and Long Term Home Health Care Program.)

 

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 Pullen and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $1,763,908.14 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 $3,580,939.)

 

COMMENTS:

 

            Legislator Russo announced that the Nitros Collegiate Baseball Team will be starting its tenth year with the opening game on June 7, in Scio at 7 p.m.  The League is a non-profit organization financed by the National Baseball Association.  College students on the team meet with local elementary schools and conduct baseball clinics.  The program also helps to stimulate the area’s economy.

 

ADJOURNMENT:

 

            The meeting was adjourned at 2:43 p.m. following a motion made by Legislator Truax, seconded by Legislator Reynolds and carried.