ALLEGANY
REGULAR SESSION
DECEMBER 28, 2009
CALL
TO ORDER: The regular meeting of the Board of
Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE
OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led jointly by
Legislator William G. Dibble, former United States Navy Machinist Mate 3rd
Class, and Legislator Brent L. Reynolds, former United States Marine Corporal.
INVOCATION: The
Invocation was given by Legislator Pullen.
ROLL
CALL: 15 Present; 0 Absent.
PRIVILEGE OF
THE FLOOR:
Chairman Curtis W. Crandall
presented certificates to Legislator Brent L. Reynolds, former United States
Marine Corporal, and Legislator William G. Dibble, former United States Navy
Machinist Mate 3rd Class, in grateful appreciation of their service
to our Country. Legislators Dibble and
Reynolds led the Pledge of Allegiance to the Flag at the beginning of the
meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall, accompanied by
NYS Assemblyman Daniel J. Burling, presented Plaques of Appreciation to the six
outgoing Legislators in recognition of their dedicated service (see below). Each Legislator was given an opportunity to speak. Assemblyman Burling congratulated the Legislators
for their service and pledged his continuing support to the new Board.
Michael J. McCormick Democrat, District IV 01/01/06-12/31/09
Karl D. Kruger Republican, District II 01/01/06-12/31/09
William M. Hall Republican, District V 04/25/05-12/31/09
Brent L. Reynolds Republican, District V 01/01/98-12/31/09
William G. Dibble Republican, District III 01/01/94-12/31/09
Ronald B. Truax Republican, District II 01/01/94-12/31/09
Chairman Crandall granted Privilege
of the Floor to County Administrator John Margeson, who introduced Deputy County
Administrator Mitchell M. Alger, who began employment effective today.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. January
2010 Calendar of Board and Standing Committee meeting dates.
The
following communications were also acknowledged:
1. Correspondence from Town of Grove Supervisor Mike Johnsen commending and recognizing the work of Development Director John Foels, Richard Zink of Southern Tier West, Congressman Eric Massa, and the Board of Legislators, whose contributions have been instrumental in the progress the Town of Grove has achieved this year.
2. Correspondence to U.S. Senators Charles Schumer and Kirsten Gillibrand from Chairman Crandall regarding the Patient Protection and Affordable Care Act.
3. The Organization Meeting of the Board of Legislators will be held on Monday, January 4, 2010, at 2 p.m. in the Legislative Chambers.
RESOLUTIONS:
RESOLUTION
NO. 246-09
RESOLUTION FIXING DATE OF 2010 ORGANIZATION MEETING
Offered by: Ways and Means Committee
RESOLVED:
1. That
the Board of Legislators shall meet on Monday, January 4, 2010, at 2:00 P.M. in
the Legislators’ Chambers in the County Office Building, Belmont, New York, for
the purpose of organizing the Board, selecting a Chairman and such other
officers or appointees as may be desired, and for the transaction of any other
business which could properly come before any regular meeting of the Board.
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. Truax
RESOLUTION
NO. 247-09
SUSPENDING
CERTAIN COUNTY BOARD RULES
AFFECTING
PROPOSED RESOLUTIONS REQUESTED TO BE SUBMITTED AT ORGANIZATION MEETING ON
JANUARY 4, 2010
Offered by: Ways and Means Committee
RESOLVED:
1. That section D. of Rule 170 and
sections C., D. and E. of Rule 180 of County Board Rules, are suspended for
proposed resolutions which are requested to be submitted at the organization
meeting of the
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. Truax
RESOLUTION
NO. 248-09
CHANGING REGULAR BOARD MEETING
DATE FROM FEBRUARY 8, 2010
TO FEBRUARY 5, 2010
Offered by:
Ways and Means Committee
RESOLVED:
1. Notwithstanding Rule 110.A. of County
Board Rules, the first regular meeting of the Board in the month of February of
2010 shall be held on February 5, 2010, and not on February 8, 2010.
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. Truax
(Memo:
Resolution No. 248-09 was requested to allow Legislators to attend the
annual NYSAC Conference being held from February 8 through 10, 2010.)
RESOLUTION
NO. 249-09
DESIGNATING THE WELLSVILLE DAILY REPORTER AS
SOLE OFFICIAL NEWSPAPER FOR THE PERIOD DECEMBER 27, 2009 TO JANUARY 2, 2010
Offered by:
Ways and Means Committee
WHEREAS, the Clerk of this Board was informed that the Cuba Patriot & Free
Press, one of the official newspapers, will not be publishing during the period
of December 27, 2009 to January 2, 2010, now, therefore, be it
RESOLVED:
1. Notwithstanding the provisions of
Section 1 of Resolution No. 268-2007, the newspaper The Wellsville Daily
Reporter is designated as the sole official newspaper to publish local laws,
notices and other matters required by law to be published during the period of
December 27, 2009, to January 2, 2010.
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. Truax
RESOLUTION
NO. 250-09
RESOLUTION DESIGNATING
OFFICIAL NEWSPAPERS FOR
THE PUBLICATION OF LOCAL LAWS,
NOTICES AND OTHER MATTERS
REQUIRED BY LAW TO BE
PUBLISHED IN 2010
Offered by: Ways and Means Committee
WHEREAS, in accordance with subdivision 1 of Section 214 of the County Law the
majority of the members of this Board of Legislators representing the
Republican Party which is one of the two principal political parties into which
the people of this State are divided have designated in writing the newspapers
set forth below to publish, in 2010, the concurrent resolutions of the State
Legislature, election notices issued by the Secretary of State, and the
official canvass:
Concurrent resolutions of the Legislature:
The Alfred Sun,
Election Notices and Official Canvass:
Wellsville Daily Reporter,
WHEREAS, subdivision 2 of Section 214 of the
RESOLVED:
1. That the newspapers listed below are
designated as the official newspapers of the
Wellsville Daily Reporter,
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. Truax
RESOLUTION
NO. 251-09
APPOINTMENT OF COMMISSIONER OF
ELECTIONS
Offered by:
Personnel Committee
Pursuant to Election Law §§ 3-202, 3-204
WHEREAS, the Chairman of the Allegany County Democratic Committee
has filed with the Clerk of this Board, a certificate in accordance with
Election Law § 3-204 that recommends the appointment of Catherine (Cass) Lorow
to the office of Commissioner of Elections to fill the remainder of John (Jack)
Colligan’s four-year term expiring December 31, 2010, and
WHEREAS, the Personnel Committee has determined that Catherine
(Cass) Lorow is qualified to hold such office, now, therefore, be it
RESOLVED:
1. That Catherine (Cass) Lorow is
appointed Commissioner of Elections with term of office commencing January 1,
2010, and expiring December 31, 2010.
Moved by: Mr. Hall Adopted: Voice Vote
Seconded by: Mr. McCormick
RESOLUTION
NO. 252-09
APPOINTMENT OF MEMBERS TO
Offered by:
Public Safety Committee
Pursuant to
RESOLVED:
1. That each of the following persons is
appointed to the Allegany County Fire Advisory Board, with term of office for
each to commence January 1, 2010, and expire December 31, 2010:
Richard
Hoffman, Jr. Alfred
Judson
Stearns, Jr. Alfred
Station
Robert
Prior
Bryan
Snyder Almond
Ed Sackett
Richard
Sortore Angelica
David
Jennings
Terry
Richardson Bolivar
Donald Van
Skiver Canaseraga
Robert
Lester
Gerald
Gayford Fillmore
Wes Sortore Friendship
David
Vogel, Sr. New
Dan Metcalf Rushford
Jeff Luckey Short
Tract
David Sweet Wellsville
Larry
Erdmann Whitesville
LeRoy Ives Willing
Alan Mills Wiscoy-Rossburg
Moved by: Mr. Dibble Adopted: Voice Vote
Seconded by: Mr. Burdick
RESOLUTION
NO. 253-09
REAPPOINTMENT OF FIVE
INCUMBENT MEMBERS TO
Offered by: Public Safety Committee
Pursuant to Local Law
No. 2 of 1972
RESOLVED:
1. That
Kevin (Fred) Demick, Guy James, Susan Belmont, Ann Feuchter and Steve Mattison
are reappointed to the County Traffic Safety Board, with term of office for
each to commence January 1, 2010, and expire December 31, 2012.
Moved by: Mr. Dibble Adopted: Voice Vote
Seconded by: Mr. Fanton
RESOLUTION
NO. 254-09
REAPPOINTMENT OF ONE
LEGISLATIVE MEMBER AND APPOINTMENT OF
ONE LEGISLATIVE MEMBER AND
THE ALLEGANY
Offered by: Public Works Committee
Pursuant to Soil and Water Conservation
District Law §§ 6 and 7
RESOLVED:
1. That Theodore L.
2. That Phil May is appointed to the
Allegany County Soil and Water Conservation District Board, as a County Farm
Bureau Appointee, with term of office to commence January 1, 2010, and expire
December 31, 2012.
Moved by: Mr. Fanton Adopted: Voice Vote
Seconded by: Mr. Truax
RESOLUTION
NO. 255-09
REAPPOINTMENT OF FOUR MEMBERS
AND APPOINTMENT OF ONE MEMBER TO ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY
Offered by:
Ways and Means Committee
Pursuant to Title 1 of Article 18-A and
Section 906-a of the General Municipal Law
RESOLVED:
1. That John Corneby, David Crowley,
Charles Jessup and Theodore Hopkins are reappointed members of the Allegany
County Industrial Development Agency for a four-year term commencing January 1,
2010, and expiring December 31, 2013.
2. That Richard Ewell is appointed as a
new member of the Allegany County Industrial Development Agency for a four-year
term commencing January 1, 2010, and expiring December 31, 2013.
2. That the Clerk of this Board is
directed to send a certified copy of this resolution to the Secretary of State
for filing pursuant to Section 856(2) of the General Municipal Law.
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. Pullen
RESOLUTION
NO. 256-09
REAPPOINTMENT OF FOUR MEMBERS
AND APPOINTMENT OF ONE NEW MEMBER TO ALLEGANY
Offered by:
Ways and Means Committee
Pursuant to Local Law No. 2 of 1976
RESOLVED:
1. That John Corneby, David Crowley,
Charles Jessup and Theodore Hopkins are reappointed members of the Allegany
County Industrial and Commercial Incentive Board for a four-year term
commencing January 1, 2010, and expiring December 31, 2013.
2. That Richard Ewell is appointed as a
new member of the Allegany County Industrial and Commercial Incentive Board for
a four-year term commencing January 1, 2010, and expiring December 31, 2013.
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. Pullen
RESOLUTION
NO. 257-09
DELEGATING AUTHORITY FOR CERTAIN REAL
PROPERTY TAX REFUNDS AND CORRECTION OF TAX BILLS AND TAX ROLLS
Offered by:
Ways and Means Committee
Pursuant to Sections 554 (9) (a) and 556 (8)
(a) of the Real Property Tax Law
WHEREAS,
Sections 554 and 556 of the Real Property Tax Law authorize the County Board of
Legislators to delegate the authority to make real property tax refunds and
correct tax bills and tax rolls where the recommended refund or correction is
$2,500 or less, and
WHEREAS,
utilization of this option will save numerous resolutions per year, and
WHEREAS, it is
proposed that the County Administrator, who is also the County Auditor, as the
individual who audits bills for payments, would be the official to perform the
delegated refund and correction duties, and
WHEREAS, should
the County Administrator as County Auditor deny the refund, the application would
then be presented to the County Board of Legislators for its consideration, and
WHEREAS, the
delegation must be given each calendar year, now, therefore, be it
RESOLVED:
1. This Board does delegate the
authority to make real property tax refunds and to correct tax bills and tax
rolls to the County Administrator as County Auditor pursuant to the above
sections of the Real Property Tax Law subject to the limitations in paragraphs
2. and 3. of this resolution for calendar year 2010.
2. That for calendar year 2010, the County
Administrator as County Auditor is authorized to perform the duties of the
County Board of Legislators in providing real property tax refunds, where the
recommended refund is $2,500 or less, in accordance with Section 556 of the
Real Property Tax Law.
3. That for calendar year 2010, the County
Administrator as County Auditor is authorized to correct tax bills and tax
rolls, where the recommended correction is $2,500 or less, in accordance with
Section 554 of the Real Property Tax Law.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Truax 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 258-09
CHARGEBACK TO TOWNS OF COST OF
VARIOUS TAX SUPPLIES
PURCHASED OR PROVIDED FOR BY
COUNTY
Offered by: Ways and Means Committee
WHEREAS, assessment rolls, field books and various other tax
supplies have been purchased or provided by the County for Towns within the
County, and
WHEREAS, it is necessary to charge the cost of such items back to
the Towns, now, therefore, be it
RESOLVED:
1. That the cost of assessment rolls,
field books and various other tax supplies purchased or provided by the County
to the Towns within Allegany County shall be charged back to the Towns on the
2010 tax rolls, as follows:
Alfred 1,509.60 Friendship 1,573.20
Allen 690.00 Genesee 1,456.80
Alma 1,236.00 Granger 700.80
Almond 1,401.60 Grove 811.20
Amity 1,718.40 Hume 1,428.00
Andover 1,616.40 Independence 1,008.00
Angelica 1,375.20 New Hudson 912.00
Belfast 1,424.40 Rushford 2,016.00
Birdsall 710.40 Scio 1,488.00
Bolivar 1,903.20 Ward 531.60
Burns 934.80 Wellsville 4,449.60
Caneadea 1,717.20 West Almond 643.20
Centerville 756.00 Willing 1,299.60
Clarksville 1,348.80 Wirt 1,207.20
Cuba 2,707.20
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 259-09
A RESOLUTION DETERMINING THAT ERRORS EXIST
ON THE
2009-2010 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 Andover is ordered and directed to correct in
the 2009-2010 County and Town Tax Roll the assessment or taxes, or both, of the
property assessed to the following taxpayer and described as follows:
a. Howland, Michael K. & Ann: Parcel 216.18-1-4
Assessment: Land $140,000 Total $140,000
the assessment on this parcel was incorrect on the
assessment roll due to the appraisal information by the assessor, and by
reducing the Total Taxable Value to $60,000, and by correcting the County and
Town taxes, as follows:
School $0.00
Library 7.10
Total $7.10
and the County Treasurer is directed to make the following
refund:
School $2,181.69
Library 9.46
Total $2,191.15
5. 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.
6. 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, 2010. The County
Treasurer shall send a written notice to each School of the amount of such
deduction prior to May 1, 2010.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
Resolution Intro. No. 272-09
(Establishment of Petty Cash Fund in County Attorney’s Office) was amended
following a motion made by Legislator Kruger, seconded by Legislator Pullen and
carried to change the wording in Resolved No. 1. from “a revolving” petty cash
fund to “an annual” petty cash fund.
RESOLUTION
NO. 260-09
ESTABLISHMENT OF PETTY
CASH FUND IN COUNTY ATTORNEY’S OFFICE
Offered by: Ways and Means Committee
Pursuant to County Law § 371
RESOLVED:
1. There
is established an annual petty cash fund for the Allegany County Attorney’s
Office at his office in Belmont, New York, in the amount of $250.
2. That the County Attorney is designated
as the official responsible for the use of such fund.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 261-09
ACCEPTING AND APPROPRIATING FUNDS RECEIVED
FROM
THE GOVERNOR’S TRAFFIC SAFETY PROGRAM STEPS
IN SAFETY GRANT
(SAFETY ON WHEELS)
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That the Governor’s Traffic Safety
Program STEPS in Safety Grant funds in the amount of $3,000 is appropriated to
Account No. A3114.4 (Traffic Program – Contractual) with a like sum credited to
Revenue Account No. A10.3389.3114 (State Aid – STOP DWI – STEPS in Safety).
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Reynolds 15
Ayes, 0 Noes, 0 Absent
(Memo: The grant accepted by Resolution No. 261-09
is for state fiscal year 10/01/09-09/30/10.)
RESOLUTION
NO. 262-09
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 County Law
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 5829 Cemetery Hill Road, P.O. Box 96,
Belmont, New York 14813, can provide the aforementioned legal services for an
amount not to exceed $208,000, 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 January 1, 2010, and terminating
December 31, 2010, is approved. The
Chairman of this Board of Legislators is authorized to execute a contract on
behalf of Allegany County.
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 13
Ayes, 2 Noes, 0 Absent
Voting
No: Kruger, Ungermann
(Memo: The contract approved by Resolution No.
262-09 was recommended by the Public Safety Committee following the issuance of
a Request for Proposals. Three proposals
were received. One was unsuccessful as
it did not provide for service to individuals appearing in Family Court; the
other proposed an annual fee which was higher than that put forth by
Allegany-Cattaraugus Legal Services.)
Comments made regarding Resolution No.
262-09: Legislator Kruger felt there
were conflicts of interest existing within the corporation for which the
contract was requested.
RESOLUTION
NO. 263-09
AUTHORIZING
TO ABUTTING LANDOWNERS
Offered by: Public Works Committee
WHEREAS, the County superintendent of highways has recommended the abandonment of
a portion of lands heretofore used as County highways which are of no further
use for highway purposes, and
WHEREAS,
this property comprises that portion of the former N.Y. Route 19 located in the
Town of Amity lying southerly of the southeasterly bounds of County Road 20 to
the northeasterly bounds of the Old N.Y. Route 19, and
WHEREAS,
pursuant to New York Highway Law §118-a, upon the recommendation of the County
superintendent of highways, this Board
may adopt a resolution abandoning to the abutting owner or owners that
portion of said highway which is of no further use for highway purposes upon
such terms and conditions as the Board shall deem proper, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of
Legislators does hereby abandon and agrees to transfer by quit claim deed to
the abutting owners, upon the payment of the sum of three hundred dollars
($300) per acre or part thereof plus legal fees, that portion of the former
N.Y. Route 19 lying southerly of the southeasterly bounds of County Road 20 to
the northeasterly bounds of the Old N.Y. Route 19.
2. That the County Attorney is directed to
prepare the necessary papers to quit claim the County’s interest in this
property to the abutting landowners.
3. That upon receipt of payment, the Chairman
of this Board is authorized to sign and deliver any papers necessary to
transfer title to an abutting landowner.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 264-09
TRANSFER OF FUNDS WITHIN LAW ENFORCEMENT
PROBATION ACCOUNT
Offered by:
Public Safety Committee
RESOLVED:
1. That the sum of $2,200 is transferred
from Account No. A3140.4 to Account No. A3140.2.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Reynolds 15
Ayes, 0 Noes, 0 Absent
(Memo: The transfer in Resolution No. 264-09 was
requested for the purchase of new chairs, a storage cabinet, and a table.)
RESOLUTION
NO. 265-09
TRANSFER OF FUNDS WITHIN YOUTH
PROGRAMS ACCOUNTS
Offered by:
Public and Safety and Ways and Means Committees
RESOLVED:
1. That the sum of $3,000 is transferred
from Account No. A7315.4 (S. Tier Traveling Teacher Special GED) as follows:
$1,000 to Account No. A7321.4 (Youth Court) and $2,000 to Account No. A7313.4
(Youth Compeer).
2. That the sum of $1,700 is transferred
from Account No. A7312.4 (Allegany Arts) to Account No. A7318.4 (Peers Helping
Peers).
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Truax 15
Ayes, 0 Noes, 0 Absent
(Memo: Regarding Resolution No. 265-09, the transfers
in Resolved No. 1. were due to the Southern Tier Traveling Teacher declining
funding for the Special GED Program. The
transfer in Resolved No. 2. was requested when the Allegany Arts declined their
funding due to the receipt of adequate private donations. NYS OCFS approved of the reallocations.)
RESOLUTION
NO. 266-09
APPROVAL OF APPROPRIATION FOR DISTRICT
OPERATIONS AND AGREEMENT WITH ALLEGANY
FOR THE MANAGEMENT OF COUNTY REFORESTATION
AREAS, PARKS AND AGRICULTURAL DISTRICTS FOR A THREE-YEAR PERIOD;
AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT
Offered by:
Public Works Committee
RESOLVED:
1. That the appropriation for District
operations and agreement with the Allegany County Soil and Water Conservation
District for the management of County Reforestation Areas, Parks and Agricultural
Districts for the period January 1, 2010, to December 31, 2012, in the total
amount of $130,000 per year, is approved.
2. The Chairman of this Board is
authorized to execute the Agreement.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Hopkins 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 267-09
APPROVAL OF AGREEMENTS WITH
THE
VILLAGES OF
TOWNS OF FRIENDSHIP AND
CANEADEA IN RELATION TO
THE DISPOSAL OF COUNTY
LANDFILL LEACHATE AT THE VILLAGE AND TOWN WASTE WATER TREATMENT PLANTS;
AUTHORIZING BOARD CHAIRMAN TO
EXECUTE AGREEMENTS
Offered by: Public Works Committee
RESOLVED:
1. That Agreements between the County of
Allegany and the Villages of Bolivar, Cuba, and Wellsville, and Towns of Friendship
and Caneadea in relation to the County's disposal of leachate at the respective
Village and Town waste water treatment plants at the rate of $.025 per gallon
for period January 1, 2010, to December 31, 2010, are approved.
2. That the Chairman of this Board is
authorized to execute the Agreements.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 268-09
RESOLUTION APPROVING PROPOSED
BRIDGE MAINTENANCE AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF
TRANSPORTATION FOR
THE
WHICH IS A PORTION OF THE
BRIDGE REPLACEMENT (BIN:
1045470) IN THE TOWN OF
Offered by: Public Works Committee
WHEREAS, the New York State Department
of Transportation has submitted to the County of Allegany a proposed bridge
maintenance agreement by which the County of Allegany is to maintain 0.039 centerline
kilometers of a County Road (shown as part numbered 2B on the Table of
Maintenance) known as County Road 6 and to be designated as a portion of New
York Project No. 6031.45 and said proposed agreement also provides for the
County of Allegany to request the Department of Transportation to submit the
aforementioned project with the recommendation that it be approved by the
Administrator of the United States Federal Highway Administration, and that if
such project is approved and constructed by the Department and the
Administrator of the United States Federal Highway Administration, the County
of Allegany will thereafter at its own cost and expense maintain the previously
described portion of this project in a manner satisfactory to the Department of
Transportation and the Administrator of the United States Federal Highway
Administration, or their authorized representatives, and make ample provision
each year for such maintenance, and
WHEREAS, the County of Allegany shall
maintain such road and guarantee the maintenance of such road when constructed
and will pay the cost of such maintenance and will maintain the project in a
manner satisfactory to the New York State Department of Transportation or its
authorized representatives, and will make ample provisions each year for such
maintenance, and
WHEREAS, the New York State Department
of Transportation shall submit such project to the Administrator of the United
States Federal Highway Administration and recommend to him the approval of the
same for construction with funds apportioned to the State for construction of
Highways and related projects under the provisions of Federal Highway acts,
now, therefore, be it
RESOLVED:
1. That the Allegany County Board of
Legislators authorizes the Chairman of such Board to act for the County of
Allegany and to enter into an agreement with the State Department of
Transportation, in manner and form and substance as herein stated.
2. That the Clerk of this Board will
provide two certified copies of this resolution authorizing the Chairman of
this Board to execute the agreements on behalf of the County of Allegany in any
manner and form required by the Department of Transportation, or the
Administrator of the United States Federal Highway Administration and attach the
seal of the County of Allegany thereto.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Truax 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 269-09
APPROVING SUPPLEMENTAL
AGREEMENT #2 WITH THE
NEW YORK STATE DEPARTMENT OF
TRANSPORTATION (NYSDOT)
FOR CR 20 OVER NORTH BRANCH
VAN CAMPEN CREEK IN
THE TOWN OF
Offered by:
Public Works and Ways and Means Committees
WHEREAS, by Resolution No. 73-2006 this Board approved funding for
the replacement of BIN 3047780, County Route 20 over North Branch Van Campen
Creek, Town of Friendship, Allegany County, PIN 6753.98 (the Project), and
WHEREAS, an amendment is necessary to the agreement increasing the
amount of the Right-of-Way phase to include the acquisition portion of the
Project and to extend the Project end date to allow time to complete the
acquisition and construction portions of the Project, and
WHEREAS,
funding for this Project was budgeted in the 2007, 2008 and 2010 budgets in
Account No. H5640.200, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of
Legislators hereby approves Supplemental Agreement #2 for the above Project.
2. That the Chairman of the Allegany County
Board of Legislators is authorized to execute this Supplemental Agreement #2.
3. That a certified copy of this
resolution be filed with the New York State Commissioner of Transportation by
attaching it to any necessary Agreement in connection with the Project.
4. This resolution shall take effect
immediately.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Truax 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 270-09
MEMORIALIZING STATE
LEGISLATURE TO CAUSE
A CORRIDOR STUDY TO BE DONE OF
THE EXTENSION OF
TO
Offered by: Ways and Means Committee
WHEREAS, the County is desirous of promoting economic development and tourism in
Allegany County and the surrounding Southern Tier of New York State, and
WHEREAS, the present New
York State government is desirous of promoting economic growth in Western New
York, and
WHEREAS, Allegany County is a very poor County and needs the help of the State in
providing transportation routes that enhance access to its major manufacturing
facilities, and
WHEREAS, the Village of Wellsville is the largest village in
Allegany County and the location of the County’s largest manufacturing sector
which in turn provides a significant number of jobs within this region, and
WHEREAS, modern highways are critical to the
well-being of local economies, and
WHEREAS, border crossings at Buffalo and Niagara
Falls in Western New York provide a critical gateway for traffic and commerce
between the United States and Canada, which in turn benefits the economy of
Allegany County, and
WHEREAS,
recent news reports indicate that the Peace Bridge project, involving a new
“signature bridge” alongside the existing bridge, is moving forward with the
likelihood of increased border traffic in the not too distant future, and
WHEREAS, a significant component of Canada’s
economy is located within the greater Toronto metropolitan region across the
border from the Buffalo/Niagara region of Western New York, and
WHEREAS, the major metropolitan regions along the
United States East Coast are currently linked to the greater Toronto
metropolitan region in Canada via overused highways that do not provide the
best and shortest route between such regions, and
WHEREAS, the economies of Western New York and the
Northwest Commonwealth of Pennsylvania continue to struggle economically and
lack the economic vitality of the major metropolitan regions along the United
States East Coast and the greater Toronto metropolitan region, and
WHEREAS, the placement of an extended State Route
400, (as indicated on the attached map), from South Wales in Erie County
southeasterly to a point of intersection with State Route 417 in the Village of
Wellsville could be the first step in the creation of a more direct interstate
super highway, and
WHEREAS, this route would link the powerful economic
regions on the United States East Coast with Canada and foster continued
economic growth within those regions while providing greater opportunity for
Western New York and the North-Central region of Pennsylvania to more directly
participate and benefit from such economic growth, and
WHEREAS, the extension of State Route 400 as a four-lane highway
southerly from South Wales, New York, through Allegany County to intersect with
State Route 417 in the Village of Wellsville would encourage development along
the proposed route while facilitating easier access to and from the more urban
areas north of South Wales in Erie County, and
WHEREAS, a review of the State Highway System shows that there is no direct
access along a single state highway to the greater Buffalo metropolitan region
and Niagara frontier from the Village of Wellsville, and
WHEREAS, the placement of an extended State Route 400 from South
Wales in Erie County southeasterly to a point of intersection with State Route
417 in the Village of Wellsville could provide four-lane highway access to the
main manufacturing base in Allegany County which is located in the Village of
Wellsville, and
WHEREAS, an extension of State Route 400 would intersect I-86 at
Exit 30 near Belvidere in Allegany County and provide a more direct truck route
from Canada, Buffalo and the Niagara frontier to major East Coast seaports in
New York City, New Jersey and Philadelphia, and
WHEREAS, the extension of State Route 400 would provide easier
access for tourists to visit Allegany County and the north-central
“Pennsylvania Wilds” region from Canada, Buffalo and the Niagara frontier, and
WHEREAS,
the proposed corridor for such an extension would run southerly into Wyoming
County to the east of Arcade near Bliss; thence through the Town of Eagle in
Wyoming County to the Town of Centerville in Allegany County where it would
then traverse in a southeasterly direction into the Genesee River Valley;
thence south to the Village of Wellsville ending at State Route 417, now,
therefore, be it
RESOLVED:
1. That the Allegany County Board of
Legislators hereby memorializes the New York State Legislature to pass
legislation which would require that a corridor study be done for the extension
of State Route 400 from its existing terminus in South Wales, Erie County, to a
point where it would intersect State Route 417 in the Village of Wellsville,
Allegany County.
2. That certified copies of this
Resolution be forwarded to New York State Governor David Paterson; U.S. Senator
Charles E. Schumer; U.S. Senator Kirsten Gillibrand; U.S. Representative Eric
Massa; U.S. Representative Brian Higgins; U.S. Representative Chris Lee; New
York State Senators Catharine M. Young, Michael H. Ranzenhofer, Antoine M.
Thompson, William T. Stachowski and Dale M. Volker; Senate Majority Leader
Pedro Espada Jr.; Assembly Speaker Sheldon Silver; Assemblyman Daniel Burling;
Assemblyman Joseph M. Giglio; Acting Commissioner of Transportation Stanley Gee; NYSAC; and the InterCounty Association
of Western New York.
Moved by: Mr. Dibble Adopted: Voice Vote
Seconded by: Mr. Reynolds
RESOLUTION
NO. 271-09
TRANSFERS BETWEEN
APPROPRIATION ACCOUNTS
Offered by: Ways and Means Committee
WHEREAS, the Committees of this Board have
authorized expenditures and such expenditures may be in excess of
appropriations, and
WHEREAS, unexpended, unencumbered balances
may exist in accounts, now, therefore, be it
RESOLVED:
1. That the County Treasurer is authorized
to make transfers between appropriation accounts upon her books and to expend
the same therefrom as she deems necessary for the purpose of balancing the
accounts for the end of the 2009 fiscal year.
2. That upon the completion of such
transfers the County Treasurer shall file a certification listing such
transfers with the Clerk of this Board.
Such certification shall be incorporated in the 2009 proceedings of this
Board following this resolution.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
Resolution Intro. No.
284-09 (Abolishing Three Positions in the Department of Health) was amended
following a motion made by Legislator Truax, seconded by Legislator Dibble and
carried to change the effective date in Resolved No. 2. from December 31, 2009,
to February 14, 2010.
RESOLUTION
NO. 272-09
ABOLISHING THREE POSITIONS IN
THE DEPARTMENT OF HEALTH
Offered by:
Human Services Committee
WHEREAS, the
Health Department contracted with Altreya Consulting, LLC to undertake an
efficiency study of the Health Department, and
WHEREAS, as part
of its recommendations, Altreya recommended the elimination of various
positions within the Health Department, and
WHEREAS, it is believed that the elimination of various positions
as recommended by Altreya will result in increased efficiency in the operation
of the Health Department, now therefore, it is
RESOLVED:
1. That one position of Account Clerk Typist for the Environmental Health
Division is abolished effective December 31, 2009.
2. That one position of Senior Typist for
the Early Intervention Program is abolished effective February 14, 2010.
3. That one part-time position of Account
Clerk Typist in the Health Department is abolished effective December 31, 2009.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble 14
Ayes, 1 No, 0 Absent
Voting
No: McCormick
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 Reynolds and adopted on a roll call
vote of 14 Ayes, 1 No, 0 Absent, that the audit of claims, totaling $3,977,481.33
including prepaid expenses, be approved for payment as recommended by the
County Administrator (opposed: Kruger). (
ADJOURNMENT: The meeting was adjourned at 3:10 p.m. on a motion made by Legislator Truax, seconded by Legislator Kruger and carried.