ALLEGANY
REGULAR SESSION
** APPROVED **
PLEDGE
OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Wallace
C. Higgins, former Army Air Corps Aviation Cadet.
INVOCATION: The
Invocation was given by Legislator Pullen.
ROLL
CALL: 13 Present; 2 Absent (Legislators Hall and
Truax).
APPROVAL OF
MINUTES:
The Board meeting minutes of March
23, 2009 were approved on a motion made by Legislator Dibble, seconded by
Legislator Fanton and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a
certificate to Wallace C. Higgins, former United States Army Air Corps Aviation
Cadet, in grateful appreciation of his service to our country. Mr. Higgins’ military service dates were from
August 1943 to March 1947, and his duty stations included Saipan and
Chairman Crandall granted privilege
of the floor to Sheriff William Tompkins, who presented additional information
regarding a resolution creating three new full-time 911 Dispatcher positions
that was tabled at the last Board meeting.
Sheriff Tompkins explained that some of these issues and requests are
complex, and it’s difficult to portray all the background information within
the time constraints of committee meetings.
He reviewed some of the things that prompted his decision to request the
positions. Technology in dispatch has
risen dramatically. Also, in the past four
and one-half years they have trained 33 new dispatchers, but have only retained
nine. The training cost per person is
over $4,000, not including the time for training officers during field training. That is a significant investment, and
historically we have lost the majority of the newly trained dispatchers. Ten of the last 33 went to other dispatch
centers. Even if training was not an issue,
there is the technology requirement and skills involved for mastery of the job
for true efficiency. It’s unrealistic to
expect this on a part-time basis. Experience
has shown that when a true emergency arises, part-timers have a difficult time
dealing with it because they are not dealing with it on an everyday basis. We’re setting them up for failure. We are depending on part-time too much, but there
is also an issue with understaffing. A
point has been reached where for the sake of safety they want three dispatchers
on duty at all times, which is not feasible with part-timers. Regarding the take-over of Wellsville’s 911
calls, the Sheriff timed his request for the additional positions until that
process was close to being finalized.
The extra call volume will make some difference, but is not the driving
force. The Sheriff stated that we’re all
in this for what’s best for
Representatives
were present from the following departments and agencies to answer questions
regarding their 2008 Annual Reports:
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. April 2009 Village Supplement to the 2009 Directory of County, Town, and Village Contacts.
2. Report
of Tax Bill Corrections approved by the
3. Report
of Intrafund Transfers approved by the
4. 2008
Annual Reports from the following
departments and agencies were distributed for review:
The
following communications were also acknowledged:
1. The County Treasurer filed Certificates of Withdrawal of Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law for properties in the Towns of Cuba and Wirt in the Clerk of the Board’s Office on March 25 and 30, 2009.
2. Correspondence
from Friendship Town Supervisor William Zacher in support of the development of
an Allegany County Water and Sewer District extending from the Town of
Friendship to the Belvidere
3. Correspondence from the Friendship Fire Department thanking the Board for our contribution to the FASNY Collapsed Firefighter Fund.
4. Notice
of the next
5. Correspondence
from Crime Victims Coordinator Shannon Ozzella inviting
6. Office
for the Aging Director Kimberley Toot forwarded information regarding the 5th
Annual Conference on Aging – Nurturing Our Livable Communities to be held at
7. Correspondence from the Blue Star Families Military Support Group indicating that the Group has been dissolved.
8. News
Release from Southern Tier West Regional Planning and
9. Invitation to attend the 2009 Cattaraugus and Allegany Counties Tobacco Free Program Recognition Luncheon at Moonwinks on April 22 at 11:45 a.m.
APPOINTMENTS:
Chairman Crandall appointed the following as members of the ALLEGANY COUNTY YOUTH BOARD, for a three-year term commencing March 26, 2009, and expiring March 25, 2012, subject to confirmation by the Board of Legislators:
Linda Edwards, Houghton (District I)
Kathy Morris,
Jack Emrick, Scio (District III)
Michele Henry, Wellsville (District IV)
Vicky Westacott, Alfred (District V)
Chairman Crandall appointed Richard
(Butch) Lorow of Almond,
RESOLUTIONS:
Resolution Intro. No.
61-09 (Creating Three Full-Time
Positions of 911 Dispatchers in
RESOLUTION
NO. 59-09
CREATING THREE FULL-TIME POSITIONS OF 911
DISPATCHERS IN
Offered by:
Public Safety Committee
RESOLVED:
1. That three full-time positions of 911
Dispatchers are created in the
2. This resolution shall take effect on
April 14, 2009.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Burdick 10
Ayes, 3 Noes, 2 Absent
Voting
No: McCormick, O’Grady, Russo
Comments made regarding Resolution No. 59-09
included:
Legislator Ungermann objected to the fact that
even though we’ll be putting on three new full-time dispatchers, it will not
cut overtime. By contract they work Monday
through Friday, and no full-time staff is scheduled for weekends. Until something is changed, there will be no
freedom in scheduling, and the overtime problem will never be solved.
Legislator Kruger stated that although he
supported the resolution, it’s a tough decision in these economic times, and he
hasn’t been a big supporter of new positions in any department. There is a problem in the area of dispatching,
and public safety is expensive. It’s difficult
to support the additional positions, but it’s hard to turn our backs on public
safety.
Legislator Pullen agreed with the concerns
that were raised, and he noted that it would be nice to change the overtime
issues, but that will require changes in the collective bargaining agreements. In the meantime, public safety is important,
and after hearing what the Sheriff had to say, Mr. Pullen based his support on
the human value.
Legislator McCormick agreed with the public
safety issue, but on the other side of the equation he wondered how much more
the local taxpayers could “pony up.”
Having dispatchers three deep 24/7 is a reasonable safety net, and he’s
not willing right now to support adding three more full-time staff at a cost of
$150,000. The economy is not in that
great of shape.
Legislator Reynolds
commented that unlike correction officers, the expertise and proficiency of dispatch
staff increases as they work day to day.
We have good part-timers, but it’s hard to call them in only
occasionally and expect the same level of expertise the full-timers have.
RESOLUTION
NO. 60-09
RESOLUTION CONTINUING
AGRICULTURAL DISTRICT NUMBER FOUR
WITH MODIFICATIONS
Offered by:
Public Works Committee
Pursuant to Agriculture and Markets Law
Sections 303-a and 303-b
WHEREAS, Agricultural District Number Four, being within the Towns
of Alfred, Andover, Independence, Ward and Willing, was originally created as
Agricultural District Number Six on August 7, 1977, and renamed Agricultural
District Number Four on May 28, 2002, and modified and continued on February
25, 2008 by Resolution No. 36-2008, and
WHEREAS, the
eight-year review of Agricultural District Number Four for requesting inclusion
of predominantly viable agricultural land into said District for calendar year
2009 has been completed, and
WHEREAS, ninety-one
landowners have requested the inclusion of approximately 9,795.81 acres of
predominantly viable agricultural land within Agricultural District Number
Four, and
WHEREAS, four landowners have requested to be
removed from Agricultural District Number Four totaling approximately 14.55
acres, and
WHEREAS, due
notice of a public hearing on whether such predominantly viable agricultural
land should be included and removed in the District having been published as
required by Agriculture and Markets Law Section 303-b, and such hearing
having been held before this Board on March 23, 2009, and
WHEREAS, this Board has duly
deliberated on whether the District should be modified, now, therefore, be it
RESOLVED:
1. That this Board of Legislators
determines after review of the report of the Agricultural and Farmland
Protection Board and after a public hearing held on March 23, 2009, that
Agricultural District Number Four be continued and modified to include the
addition of 475.7 acres in the Town of Alfred, 499.42 acres in the Town of
Alma, 29.30 acres in the Village of Andover, 2,621.11 acres in the Town of
Andover, 74.95 acres in the Town of Bolivar, 1,426.81 acres in the Town of
Genesee, 1,923.87 acres in the Town of Independence, 1,616.66 acres in the Town
of Ward, 1,128.09 acres in the Town of Willing totaling approximately 9,795.91
acres and the removal of approximately 14.55 aces of predominantly viable
agricultural land located in the Town of Willing.
2. That the Clerk of this Board is directed
to send a certified copy of this resolution to the New York State Commissioner
of Agriculture and Markets.
3. That this Board requests that the New
York State Commissioner of Agriculture certify that the proposed inclusion of
the approximately 9,795.91 acres of predominantly viable agricultural lands
located in the Towns and Villages of Alfred, Alma, Andover, Bolivar, Genesee,
Independence, Ward, Willing and the removal of approximately 14.55 acres of
predominantly viable agricultural land located in the Town of Willing is
feasible and in the public interest.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. McCormick 13
Ayes, 0 Noes, 2 Absent
RESOLUTION
NO. 61-09
CONFIRMATION OF BOARD CHAIRMAN’S
REAPPOINTMENTS TO
COUNTY YOUTH BOARD
Offered by:
Public Safety Committee
Pursuant to Resolution No. 95-79
RESOLVED:
1. That the reappointments by the Chairman of this Board of
Linda Edwards, Kathy Morris, Jack Emrick, Michele Henry and Vicky Westacott to
the County Youth Board, with term of office for each commencing March 26, 2009
and expiring March 25, 2012, are confirmed.
Moved by: Mr. Dibble Adopted: Voice Vote
Seconded by: Mr. Hopkins
RESOLUTION
NO. 62-09
RESOLUTION AUTHORIZING THE CHAIRMAN TO SIGN
AND SUBMIT
AN APPLICATION FOR A FUNDING GRANT THROUGH
THE AMERICAN RECOVERY AND REINVESTMENT ACT
OF 2009
Offered by:
Ways and Means Committee
WHEREAS, the County of Allegany is submitting a request for grant
funds from the New York State Department of Transportation, pursuant to the
American Recovery and Reinvestment Act of 2009 (ARRA) for the purchase of ITS
Mobility Management Software and PC and related equipment, and
WHEREAS, the County of Allegany and the State of New York will
enter into an Agreement which authorizes the undertaking of the Project, and
reimbursement to the municipality of 100 percent of the project cost through
the American Recovery and Reinvestment Act of 2009 at a cost of up to or
approximately $104,000, now, therefore, be it
RESOLVED:
1. That the Chairman of the Board of
Legislators is authorized to sign the following:
a) The application for funding;
b) Any and all Agreements between the
c) Any and all Agreements between the
d) Any and all Municipality/Vendor Contracts for the purchase
and/or installation of vehicles and/or equipment pursuant to the application
and agreement.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Fanton 13
Ayes, 0 Noes, 2 Absent
A
motion was made by Legislator Reynolds, seconded by Legislator Dibble and
carried to amend Resolution Intro. No. 70-09 (Sale of Tax Lands in the Towns of
Caneadea and Ward and Villages of Angelica and
RESOLUTION
NO. 63-09
VILLAGES OF ANGELICA AND
Offered by: Ways and Means Committee
WHEREAS, Town of Caneadea, 8911 State Route 19, P.O. Box 596,
Caneadea, New York 14717 has agreed
to Terms of Sale and offered the sum of $258.00 for a deed of the County's
interest in premises formerly assessed on the tax rolls to James Slocum and
described as follows:
ALL THAT LOT, PIECE OR PARCEL OF
LAND situate in Town of
Caneadea, County of Allegany and State of New York, described as follows,
viz: 8533 St Rt 19, 1.30 acres, Tax Map # 78.-1-41, and
WHEREAS, the Town of Ward, 4659 County Road 10, Scio, New York 14880 has agreed
to Terms of Sale and offered the sum of $1.00 plus current year’s tax for a
deed of the County's interest in premises formerly assessed on the tax rolls to
Merri L. Young and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF
LAND situate in Town of
Ward, County of Allegany and State of New York, described as follows, viz: 4422
Vandermark Rd, Parcel A, 3.5 acres,
Tax Map # 188.-1-15,
ALL THAT LOT, PIECE OR PARCEL OF
LAND situate in Town of
Ward, County of Allegany and State of New York, described as follows, viz: 4422
Vandermark Rd, Parcel B, 1.2 acres,
Tax Map # 188.-1-15.2, and
WHEREAS, Village of Angelica, 21 Peacock Hill Road, P.O. Box 158,
Angelica, New York 14709 has agreed
to Terms of Sale and offered the sum of $1.00 plus current year’s tax for a deed
of the County's interest in premises formerly assessed on the tax rolls to
Richard P. Sprague and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF
LAND situate in Village of
Angelica, County of Allegany and State of New York, described as follows,
viz: West Main Street, .36 acre,
Tax Map # 120.18-1-14, and
WHEREAS, Village of Cuba, 17 East Main Street, Cuba, New York 14727
has agreed to Terms of Sale and
offered the sum of $1.00 plus current year’s tax for a deed of the County's
interest in premises formerly assessed on the tax rolls to Richard &
Jennifer Hunt and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF
LAND situate in Village of
Cuba, County of Allegany and State of New York, described as follows, viz: 14 Chapel Street, .25 acre,
Tax Map # 179.7-3-65, and
WHEREAS, the Ways and Means Committee believes that the Terms of Sale and the
above sums offered are fair and reasonable and the best that can be obtained
under the circumstances and that the said sales will be advantageous to the
County, now, therefore, be it
RESOLVED:
1. That such agreed to Terms of Sale and
monetary offers are 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 purchasers a quit claim deed of the County's interest in such premises,
and to attach to such deeds the official seal; all upon satisfaction of the
Terms of Sale and full payment to the County Treasurer of the monetary offers.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 13
Ayes, 0 Noes, 2 Absent
RESOLUTION
NO. 64-09
Offered by:
Ways and Means Committee
WHEREAS, a check in the amount of $220 representing the full cost
to replace a broken windshield on a County vehicle has been offered by NYMIR in
settlement for such property damage, now, therefore, be it
RESOLVED:
1. That the amount of $220 from NYMIR
representing the cost of replacing a broken windshield on a County vehicle that
was broken during a court transport to
2. That the sum of $220 is appropriated to
Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like
sum credited to Revenue Account No. CS07.2680.00 (Risk Retention – Insurance
Recovery).
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 13
Ayes, 0 Noes, 2 Absent
RESOLUTION
NO. 65-09
TRANSFER OF FUNDS
WITHIN PUBLIC HEALTH
FAMILY PLANNING CLINIC
ACCOUNTS
Offered by: Human Services Committee
RESOVED:
1. That the sum of $300 is transferred
from Account No. A4035.409 (Fees) to Account No. A4035.201 (Office Equipment),
to cover the cost of a heavy duty shredder.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Pullen 13
Ayes, 0 Noes, 2 Absent
RESOLUTION
NO. 66-09
APPROVING CONTRACT
WITH ALLEGANY-CATTARAUGUS LEGAL SERVICES, INC. FOR FAMILY COURT AND CRIMINAL
COURT LEGAL REPRESENTATION OF
INDIGENT PERSONS WHERE
CONFLICT EXISTS WITHIN
PUBLIC DEFENDER’S
OFFICE;
AUTHORIZING CHAIRMAN
TO EXECUTE SUCH CONTRACT
Offered by: Public Safety Committee
Pursuant to Sections 363, 366, 450,
and 722 of the
WHEREAS, the County has solicited proposals
for the provision of legal representation in Family Court and Criminal Courts
to those who are financially unable to obtain counsel pursuant to New York
State County Law Section 722, and
WHEREAS, Allegany-Cattaraugus Legal
Services, Inc. having an office at (No Street or Number), P.O. Box 96, Belmont,
New York 14813, can provide the aforementioned legal services for an amount not
to exceed $153,375, plus actual expenses for expert witnesses and other
ordinary litigation expenses in an amount not to exceed $5,000, now, therefore,
be it
RESOLVED:
1. That
the Contract with Allegany-Cattaraugus Legal Services, Inc., to provide such
indigent representation for a term commencing April 1, 2009 and terminating
December 31, 2009 is approved. The
Chairman of this Board of Legislators is authorized to execute a contract on
behalf of
2. Changes to the appropriation accounts
and other budgetary changes necessary to effectuate the above agreement shall
be made by the Budget Officer.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Fanton 10
Ayes, 3 Noes, 2 Absent
Voting
No: Kruger, Reynolds, Ungermann
Comments made regarding Resolution No. 66-09 included:
Legislator Kruger explained that his
non-support was due to the fact that some of the members of the Legal Services
group are also employees of the County, which he felt was a conflict of
interest.
Legislator Ungermann reported that the Public
Defender’s Office had 395 referrals for conflicts last year and 236 for the previous
year. This year, we seem to be on track
for the 250 range. Three months of the contract
year has already gone by, and if Mr. Pullen’s article was correct in that the
more we save on this type of service, the more it costs us, Mr. Ungermann would
rather see the County pay on a per diem basis for the rest of the year. Mr. Ungermann would also like to see some
accounting for time on each case to determine if we are getting our money’s
worth.
Legislator Reynolds also referred to Mr.
Pullen’s article about “maintenance of effort” as it relates to assigned
counsel costs. This aspect of government
concerns him in that if we save money we’re punished by the state and federal
government withholding our subsidy. In
so many cases, if you don’t spend what’s allocated, you’ll get less the
following year. That’s his issue with
this. The County did receive a lower
quote, but if it had been accepted, we wouldn’t have upheld our “maintenance of
efforts” and we would have actually lost money.
Legislator Pullen noted that he wrote the article
(which appeared in the Cuba Patriot April 14) to present information, some of
it provided by NYSAC. They are working
on amendments for this issue. Mr. Pullen
was not opposed to what Mr. Ungermann proposed, but the most expensive option
is going to be the Assigned Counsel Program which involves payments of $75 per
hour for each attorney appointed for the indigent defendants. When we did that a few years back, it was
more expensive than any option being considered now. Mr. Pullen supported the resolution because
he felt it represented the best interests of the taxpayers.
Legislator Dibble also supported the
resolution, but asked that the Request for Proposals be done in the Fall this
year for the next contract period.
RESOLUTION
NO. 67-09
APPROVAL
OF AGREEMENT WITH J. TIMOTHY EMBSER, ESQ. TO PROVIDE
ADMINISTRATOR
SERVICES UNDER ASSIGNED COUNSEL PLAN
Offered by: Public Safety Committee
WHEREAS, an "Assigned
Counsel Plan for Indigent Persons" was approved by Resolution No. 68‑65,
and amended by Resolution No. 93‑65, and
WHEREAS, J. Timothy Embser, Esq., has agreed to act
as Administrator pursuant to such Plan beginning April 13, 2009 and expiring
April 12, 2010, now, therefore be it
RESOLVED:
1. That
Agreement between the
2. That
the amount of $15,000 to be paid pursuant to said Agreement shall be charged to
Account No. A1171.431, Assigned Counsel.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Russo 12
Ayes, 1 No, 2 Absent
Voting
No: Reynolds
AUDITS:
A motion was made by
Legislator Reynolds, seconded by Legislator Kruger and carried, that the audits
be acted upon collectively and by totals.
A motion was made by
Legislator Reynolds, seconded by Legislator Hopkins and adopted on a roll call
vote of 12 Ayes, 1 No, 2 Absent, that the audit of claims, totaling $4,767,293.15
including prepaid expenses, be approved for payment as recommended by the
County Administrator (Opposed:
Ungermann). (
ADJOURNMENT:
The meeting was adjourned at 2:55
p.m. on a motion made by Legislator Reynolds, seconded by Legislator Fanton and
carried.