ALLEGANY
REGULAR SESSION
FEBRUARY 23, 2009
** APPROVED
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 was led by retired United States
Air Force Chief Master Sergeant Homer Wilson.
INVOCATION: The
Invocation was given by Legislator Pullen.
ROLL
CALL: 15 Present; 0 Absent.
APPROVAL OF
MINUTES:
The Board meeting minutes of January
26, 2009 were approved on a motion made by Legislator Dibble, seconded by
Legislator Truax and carried.
The Board meeting minutes of February
6, 2009 were approved on a motion made by Legislator Truax, seconded by
Legislator Pullen and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a
certificate to Homer L. Wilson, retired United States Air Force Chief Master
Sergeant E-9, in grateful appreciation of his service to our country. Mr. Wilson’s active enlistment was from 1943
to 1946. Bases and assignments included
Mr. Wilson led the Pledge of
Allegiance to the Flag at the beginning of the meeting as part of the Veterans’
Honorary Pledge of Allegiance Program instituted this year to promote a deeper
appreciation for the privileges we have in this country. Flyers have been prepared to raise awareness
of the program, and Veterans’ Service Agency Director Scott Spillane is working
with veterans’ service organizations to extend invitations.
Chairman Crandall granted privilege
of the floor to County Government Intern Program Instructor
Privilege of the floor was also
granted to John Jessop, President of the Rushford Historical Society, for the
official presentation of their Bicentennial Book. The new book, entitled “Spirit of Rushford,”
is Volume 2 and covers the years of 1958 through 2008. Mr. Jessop also donated a copy of Volume 1 and
requested that both books be placed in the County museum.
Representatives from the following
departments and agencies were present to answer questions regarding their 2008
Annual Reports: Cornell Cooperative
Extension,
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS,
Copies of the following were placed on each Legislator’s desk:
1. The
2008 Annual Report of the
2. March
2009 Board and Committee Meeting Calendar.
3. Committee
of the Whole meeting minutes of February 13, 2009, for review.
4. The
2008 Annual Reports from the following departments and agencies were
distributed for review: Office for the
Aging, Community Services, Coroners, Board of Elections, Emergency Services, Fire
Service, Health Department, Public Works, and Real Property Tax Service Agency. Representatives will be present at the next
Board meeting to answer questions regarding those reports.
5. The
2009 Allegany
6. Report
of Intrafund Transfers approved by the
7. Report
of Tax Bill Corrections approved by the
The
following communications were also acknowledged:
1. The County Treasurer filed the 2008
Community College Year-End Report in the Clerk of the Board’s Office on
February 18, 2009. Summary sheets were
distributed to all
2. Noted received were the Southern Tier
West Regional Planning and
3. Correspondence was received from the
Allegany County Comprehensive Plan Implementation Group strongly supporting the
proposal to contract with the Greater Allegany County Chamber of Commerce for
Tourism services.
4. A reminder was given for the special
Committee of the Whole meeting tomorrow, February 24, at 7 p.m. at the
5. Correspondence was received from
Attorney General Andrew M. Cuomo inviting
6. A news release was received from Southern
Tier West Regional Planning and
7. Notice was given for the next
APPOINTMENTS:
The
Clerk of the Board announced that Chairman Crandall has appointed the following
to serve as members on the FIBER OPTIC
BACKBONE AD HOC COMMITTEE to serve at his pleasure:
William M. Hall, Chairman
Curtis W. Crandall
William G. Dibble
David T. Pullen
John E. Foels
Jerry Scott
Michael Johnsen
RESOLUTIONS:
RESOLUTION
NO. 34-09
APPROVAL AND ADOPTION OF
WORKPLACE VIOLENCE POLICY
Offered by:
Personnel Committee
RESOLVED:
1. That
the Allegany County Board of Legislators adopts the Workplace Violence Policy,
as set forth below, which was presented and approved at a meeting of the
Personnel Committee held on February 4, 2009, as the official policy of the
County:
POLICY PROHIBITING WORKPLACE VIOLENCE
January
1, 2009
We require the prompt and accurate reporting of all violent incidents
whether or not physical injury has occurred.
All reports of incidents are taken seriously and dealt with
appropriately. Employees who are found
to have violated this policy are subject to disciplinary action, up to and
including termination.
All employees, including managers and supervisors, are responsible for
using safe work practices, following all policies and procedures, and for
assisting in maintaining a safe and secure work environment.
DEFINITIONS:
Workplace Violence
Workplace
violence is defined as any act that occurs in the workplace that creates a
hostile work environment that affects employees’ physical or psychological
well-being. This can take the form of
harassment, verbal threats, aggressive or threatening behavior, and physical
assault or abuse.
A workplace may
be any location either permanent or temporary where an employee performs any
work-related duty. This includes, but is
not limited to, County property, clients’ homes and traveling to and from work
assignments.
Types of workplace violence that can occur are:
·
Violence
by strangers
·
Violence
by customers or clients
·
Violence
by co-workers, subordinates, and supervisors
·
Violence
by personal relations
PROHIBITED BEHAVIOR:
Prohibited conduct includes, but is not limited to:
·
Injuring
another person physically
·
Engaging
in behavior that creates a reasonable fear of injury to another person
·
Engaging
in behavior that subjects another person to extreme emotional distress
·
Possessing,
brandishing, or using a weapon that is not required by the individual’s
position while on County property or engaging in County business
·
Intentionally
damaging property
·
Threatening
to injure an individual or to damage property
·
Committing
injurious acts motivated by, or related to, domestic violence or sexual
harassment
·
Retaliating
against any employee who reports a violation of this policy
PROCEDURE:
1.
Any
incident that constitutes a potential or actual threat of violence towards an
employee must be reported to a Supervisor.
The circumstances of the incident may dictate the incident first be
reported to the Sheriff’s Office, Department Head, or Personnel
Officer/Designee.
2.
Supervisors
will take any appropriate actions to eliminate any immediate risk/danger if
they exist.
3.
Employees
will preserve, to the extent possible, any physical evidence.
4.
Following
a report of an incident, the Personnel Officer along with the appropriate
Department Head shall coordinate an immediate investigation. If appropriate, this investigation will be in
cooperation with the Sheriff’s Office.
5.
Any
disciplinary actions will be applied according to established procedures:
Ø
Section 75 “Disciplinary Proceedings” of the Civil Service Law
Ø
Article XVIII “Removal and Other Disciplinary Action” of the Collective
Bargaining Agreement between the County and the Deputy Sheriff’s Association,
Local 3989
Ø
Article 18 “Removal and Other Disciplinary Action” of the Collective
Bargaining Agreement between the County and AFSCME, Local 2574
Ø
Section 3.07 “Post-Probationary Discipline” of the Collective Bargaining
Agreement between the County and the
Ø
6.
Criminal
investigations will be the responsibility of the Allegany County Sheriff.
2. That
the Clerk of this Board is directed to post a copy of such policy on the
official County bulletin board, to post copies as required by any collective
bargaining agreement to which the County is a party, and to deliver a copy of
the policy to all County departments and offices to which the policy applies
for review and execution by all covered employees.
3. This resolution shall take effect
immediately.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Hopkins 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 35-09
RESOLUTION ESTABLISHING SOLID WASTE USER
FEES FOR YEAR 2010
Offered by:
Public Works Committee
RESOLVED:
1. The
following user fees shall be charged to users of the Allegany County Solid
Waste System during the year 2010:
Landfill User Fee - $40 per ton user fee
paid at the Landfill at the time of disposal of solid waste or at such other
time as shall be specified by the Superintendent of Public Works. There shall be charged a minimum scale fee of
$5. The user fee to be paid for the
disposal of Contaminated Soil shall be $23 per ton and the user fee for Waste
Water Treatment Plant Sludge shall be $35 per ton, paid at the Landfill at the
time of disposal or at such other time as shall be specified by the
Superintendent of Public Works.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 36-09
RESOLUTION SETTING DATE FOR PUBLIC HEARING
ON
EIGHT-YEAR REVIEW OF AGRICULTURAL DISTRICT
NUMBER FOUR
Offered by:
Public Works Committee
WHEREAS,
Agricultural District Number Four 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, pursuant
to Agriculture and Markets Law § 303-a an eight-year review of the District is
required, and
WHEREAS, a
thirty-day notice of such review has been given, and
WHEREAS, the
report of the Agricultural and Farmland Protection Board has been prepared
recommending a continuation of this District with modifications in acreage, and
WHEREAS, the law
requires that a public hearing be held on such review, now, therefore, be it
RESOLVED:
1. That a public hearing on the review of
Agricultural District Number Four shall be held by this Board at the County
Legislators' Chambers, Room 221, County Office Building, 7 Court Street,
Belmont, New York on March 23, 2009, at 2:00 P.M.
2. That the Clerk of the Board of
Legislators shall prepare, with the assistance of the County Attorney, a notice
of the public hearing, and cause such notice to be published in the Olean Times
Herald and mailed in accordance with Section 303-a of the Agriculture and
Markets Law.
Moved by: Mr. Fanton Adopted: Voice Vote
Seconded by: Mr. McCormick
RESOLUTION
NO. 37-09
APPROVAL OF BOARD CHAIRMAN’S
APPOINTMENT OF TWO MEMBERS TO
REGION NINE FISH AND WILDLIFE
MANAGEMENT BOARD
Offered by: Public Works Committee
Pursuant to Environmental
Conservation Law § 11-0501
RESOLVED:
1. That the appointment by the Chairman of
this Board of Gilbert Childs, to the Region Nine Fish and Wildlife Management
Board, as a Sportsmen’s Representative Member to fill the unexpired term of
Derwood Say, with term of office commencing January 12, 2009 and expiring
December 31, 2009, is approved.
2. That the appointment by the Chairman of
this Board of Phil May, to the Region Nine Fish and Wildlife Management Board,
as a Landowner's Representative Member, with term of office commencing January
1, 2009 and expiring December 31, 2010, is approved.
Moved by: Mr. Fanton Adopted: Voice Vote
Seconded by: Mr. Reynolds
RESOLUTION
NO. 38-09
REAPPOINTMENT OF COUNTY GRANGE
APPOINTEE TO THE ALLEGANY
Offered by: Public Works Committee
Pursuant to Soil and Water Conservation
District Law §§ 6 and 7
RESOLVED:
1. That Curtis Rung is reappointed to the
Allegany County Soil and Water Conservation District Board, as County Grange
Appointee, with term of office commencing January 1, 2009 and expiring December
31, 2011.
Moved by: Mr. Fanton Adopted: Voice Vote
Seconded by: Mr. Hopkins
RESOLUTION
NO. 39-09
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That Homeland Security Program grant
funds in the amount of $10,617 not spent in calendar year 2007 and
reappropriated in 2008, are reappropriated to Account No. A3645.217 (Homeland
Security – Equipment) with a like sum credited to Revenue Account No.
A10.3306.SHF7 (Homeland Security – Sheriff’s Office).
2. That Homeland Security grant funds in
the amount of $63,000 not spent in calendar year 2007, and reappropriated in
2008, are reappropriated to Account No. A3645.218 (Homeland Security –
Equipment) with a like sum credited to Revenue Account No. A10.3306.EMG8 (
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Truax 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 40-09
ACCEPTANCE OF
HOMELAND SECURITY GRANT FUNDS FROM THE
APPROPRIATION OF SUCH
FUNDS TO HOMELAND SECURITY ACCOUNTS
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That a Homeland Security Grant from the
New York State Office of Homeland Security in the amount of $23,750 for the
State Law Enforcement Terrorism Prevention Program (SLETPP) is accepted.
2. That the sum of $23,750 is appropriated
to Account No. A3645.217 (Homeland Security – Equipment) with a like sum
credited to Revenue Account No. A10.3306.SHF7 (Homeland Security – Sheriff’s
Office).
Moved by: Mr. Dibble Adopted:
Roll Call
Seconded by: Mr. Hall 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 41-09
ACCEPTANCE OF
2008-2011 HOMELAND SECURITY SHSP GRANT FROM THE
APPROPRIATION OF
GRANT FUNDS TO HOMELAND SECURITY ACCOUNTS
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That a Homeland Security SHSP grant
from the New York State Office of Homeland Security in the amount of $71,250 is
accepted.
2. That the sum of $71,250 is appropriated
to Account No. A3645.218 (Homeland Security – Equipment) with a like sum
credited to Revenue Account No. A10.3306.EMG8 (Homeland Security – OES).
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 42-09
ACCEPTANCE AND APPROPRIATION OF CHECK FROM
THE
SAVE CANEADEA BRIDGE COMMITTEE
Offered by:
Public Works Committee
RESOLVED:
1. That
a check in the amount of $9,037.42 from the Save Caneadea Bridge Committee is
accepted.
2. That the accepted sum of $9,037.42 is
appropriated to Account No. D.822.CNDA.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No. 42-09: Several Legislators made note of the
tremendous effort and devotion to community exemplified by Maxine Schembri and
Miriam Morton, who spearheaded the campaign to save the
RESOLUTION
NO. 43-09
APPROVAL OF ALTERNATIVES TO INCARCERATION
SERVICE PLAN UPDATES
FOR JANUARY 1, 2009 TO DECEMBER 31, 2009
AS SUBMITTED BY COUNTY PROBATION DIRECTOR;
AUTHORIZING PROBATION DIRECTOR TO EXECUTE
DOCUMENTS AND AUTHORIZING CHAIRMAN TO CERTIFY APPROVAL
Offered by:
Public Safety Committee
Pursuant to Executive Law Article
13-A-Alternatives to Incarceration Service Plans
RESOLVED:
1. That
the Alternatives to Incarceration Service Plan Updates for January 1, 2009 to
December 31, 2009, in relation to the continuation of the County’s Pretrial
Release Program and Community Service Program, are approved.
2. The Director of Probation is authorized
to execute and deliver all agreements necessary to complete the approval
process of the Plan Updates.
3. That the Chairman of this Board is
authorized to certify such approval on such Plan Updates.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Kruger 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 44-09
APPROVAL OF
TRANSPORTATION MANAGEMENT AGREEMENT
BETWEEN
Offered by:
Ways and Means Committee
RESOLVED:
1. That the Transportation Management
Agreement between Allegany County and Allegany Arc commencing March 2, 2009 and
expiring March 2, 2012, is approved.
2. That the Chairman of this Board is
authorized to execute said agreement.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hall 15
Ayes, 0 Noes, 0 Absent
(Memo: The agreement approved by Resolution No.
44-09 incorporates into the County’s Public Transit System the operation of the
Allegany Arc transportation component.
This action permits the County to obtain
Comments made regarding Resolution No. 44-09:
Legislator Kruger pointed out that many of the
legislators weren’t involved in the discussions about this agreement, but are
being asked to vote with no information at all.
He suggested that the matter be tabled, and it could be discussed at the
Committee of the Whole meeting on February 24.
Legislator O’Grady suggested that agreements be attached to proposed
resolutions for review, because if a Legislator isn’t on Ways and Means, he
doesn’t get the information. Chairman Crandall
noted that Dean McKnight from Arc and Carrie Whitwood from the Allegany-Western
Steuben Rural Health Network were present to answer questions.
Legislator Hall commented that the Transportation
Task Force was invited to a Committee of the Whole meeting a few months ago to
talk about what they were doing and what was needed to move forward in order to
cut County costs while still continuing the program. This agreement is the first key benchmark and
will allow an agency that previously couldn’t provide transportation to the
general public to do so. STOA funding
will also be available to help with public ridership on the system and to cut
the County’s contribution.
Legislator Kruger voiced concern that this
agreement will obligate the County to continue supporting the system.
Legislator Reynolds noted that the reason this
process began was because the County was losing a substantial amount of money. Carrie Whitwood has expended a tremendous
amount of effort on this with the goal to provide service at less cost.
Legislator Burdick questioned if the increased
revenue included in this year’s budget was estimated at the time assuming this
contract and STOA funding would be implemented.
Mr. Margeson replied that it was, and the figures are in line with
estimates. Mr. Ungermann asked if the
cost effectiveness of the program was looked at yet.
Carrie Whitwood explained that this contract
for the transportation system, which will now be called “Allegany Rides,” is
key to moving the County’s mobility management plan forward. We can look at where ACT is going and improve
and rework that system to reach previously unserviced areas and employers. They will be bringing in a federally-funded
manager. As soon as the system goes
public, it will bring in STOA money to offset County costs, cutting them in
half, if not more. There are no County
dollars involved in this agreement.
Legislator Hall commented that routes will be
changed to ensure that people who need rides will have them, and the manager
will help. There will also be a
marketing campaign to help encourage ridership, which will help tremendously.
Resolution Intro. No. 50-09 (Resolution to Pursue Grant Funding for the Creation of a Municipal Based Open Access Fiber Optic Backbone to Service the Needs of Allegany County) was not pre-filed and was considered from the floor on a motion made by Legislator Dibble, seconded by Legislator Hall and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION
NO. 45-09
RESOLUTION TO PURSUE GRANT
FUNDING FOR THE CREATION OF A
MUNICIPAL BASED OPEN ACCESS
FIBER OPTIC BACKBONE TO
SERVICE THE NEEDS OF
Offered by:
Ways and Means Committee
WHEREAS,
WHEREAS, it has become readily apparent that current telecommunication services are
inadequate to meet the ever increasing demands of our local businesses, schools, health care
providers and residents, and
WHEREAS, in order to provide quality health care at a
reasonable cost to our local residents, local health care providers need an
upgraded and expanded telecommunications system so as to take advantage of
recent developments in the area of telemedicine, and
WHEREAS, in order to provide our public school children with the
full benefits of online teaching and other educational resources, our public
schools will require an upgraded and expanded telecommunications system that
provides economical access to such resources, and
WHEREAS, in order to effectively compete with institutions of
higher learning around the world, our local colleges and university must be
able to take advantage of and offer a full range of online educational
services, and
WHEREAS, in order to assist the Center for Advanced Ceramic
Technology at Alfred University in performing its mission of ongoing research
and collaboration with other research centers around the world, a state of the
art telecommunications infrastructure is critical to such mission, and
WHEREAS, in order to compete effectively with businesses around the
world, our local businesses need to be able to take advantage of the latest
telecommunication advances so as to effectively market themselves and provide
products and services in the most cost effective manner, and
WHEREAS, in order to adequately protect the health and safety of
our County residents, our first responders need to be able to take advantage of
advances in telecommunications, and
WHEREAS, in order to reduce the significant tax burden on Allegany
County residents while enhancing our quality of life, we must be able to
provide advanced telecommunications services for both our businesses and homes,
and
WHEREAS, the County believes that the installation of a County-wide
fiber optic backbone will immediately result in the creation of a significant
number of new jobs and will provide a basis for significant continued job
growth into the future, now therefore, be it
RESOLVED:
1. That the Allegany County Board of
Legislators approves in principle the concept to create an open access fiber
optic backbone network within
2. That the Chair of the Allegany County
Board of Legislators is authorized to apply for grant funds to be used for the
creation of an open access fiber optic backbone network within
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 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 Pullen and adopted on a roll call vote
of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $1,421,564.08
including prepaid expenses, be approved for payment as recommended by the
County Administrator. (
ADJOURNMENT: The meeting was adjourned at 2:45 p.m. on a motion made by Legislator
Truax, seconded by Legislator Kruger and carried.