ALLEGANY COUNTY BOARD OF LEGISLATORS
REGULAR SESSION
FEBRUARY 6, 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 by former United
States Army Sergeant Michael Hennessy.
INVOCATION: The
Invocation was given by Legislator Pullen.
ROLL
CALL: 13 Present; 2 Absent (Legislators Hall and
Ungermann; Legislator Dibble left early in the meeting).
APPROVAL OF
MINUTES:
The Board meeting minutes of January
12, 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 former United States Army Sergeant Michael Hennessy, in grateful
appreciation of his service to our country.
(Mr. Hennessy led the Board in the Pledge of Allegiance to the Flag at
the beginning of the meeting as part of the Board’s Honorary Veterans’ Pledge
Program.) His military service was from September
1981 to August 1991, and assignment stations included Fort Leonard Wood,
Missouri; Germany; Hawaii; and Fort Drum, New York. Awards Mr. Hennessy received were the Army
Commendation Medal, Army Achievement Medal, and three Good Conduct Medals. Mr. Hennessy is currently an employee of the
Allegany County Clerk’s Office as the third deputy.
Chairman Crandall granted privilege
of the floor to Wendall E. Brown, Friendship Empire Zone Director, to address
the Board concerning the upcoming Resolution of Support for the Continuation of
the Empire Zone Program. Mr. Brown
highlighted Governor Paterson’s proposal to reform New York State’s Empire Zone
Program, and illustrated the significant negative impact it will have on local
Empire Zone Certified Businesses, as well as the local economy and economic
development in Allegany County. (A copy
of Wendall Brown’s statement is attached to the original minutes.)
Privilege of the floor was also
granted to Firemen Tom Cannon, Dick Siegel, and Jeff Luckey for an
informational presentation on the fire in Friendship on December 21, 2008
during which six firefighters were injured.
They gave statistics to illustrate the level of services provided, the
value of the gear and equipment present at the fire, possible reasons for the
wall collapse, and ways to prevent future incidents. Updates were given on the condition of the
injured firemen. Legislator Kruger
expressed his appreciation for the firefighters’ expertise and skill in the use
of the equipment. (A copy of the PowerPoint
presentation is attached to the original minutes.)
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. Board
meeting minutes from January 26, 2009 were distributed for review.
2. Annual reports for 2008 from the
following departments and agencies were distributed for review: Cornell Cooperative Extension, County
Attorney, County Clerk, Human Resources, and Probation.
3. Correspondence from Chief
Administrative Judge Ann Pfau, State of NY Unified Court System, dated February
5, 2009, approving the County’s Court Facilities Capital Plan, was distributed
to each legislator.
4. An invitation from Attorney General
Andrew Cuomo for a Landowners’ Rights Forum on Oil and Gas Leases, sponsored by
the Wellsville Area Chamber of Commerce, to be held February 25, 2009, at the
David A. Howe Library, at 6:30 p.m., was distributed.
5. Correspondence was received from
Cynthia Ungermann-Gowiski regarding Resolution Intro. No. 32-09 (Authorizing
the Purchase of Property from Presutti Family Members Located in Belmont, New
York) and was distributed to each legislator.
6. The County Treasurer filed Certificates
of Withdrawal of Delinquent Tax Liens pursuant to Article 11 of the Real
Property Tax Law for two properties in the Town of Burns in the Clerk of the
Board’s Office on January 27, 2009.
7. 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 Allen, Alma, Amity, Bolivar, and
Cuba in the Clerk of the Board’s Office on February 4, 2009.
8. Jones Memorial Hospital Board of
Directors Resolution to the New York State Governor and Legislature on the
Dedication of Federal Medicaid Assistance for Health Care was received in the Clerk
of the Board’s Office.
9. Correspondence was received from the
Allegany County Association for the Blind thanking the Board for its continued
support.
10. Correspondence was received from
Charlotte Baker commending the fine job that Veterans’ Service Agency Director
Scott Spillane continues to do for the veterans of Allegany County.
11. Correspondence was received inviting
legislators to attend a Bare Knuckle Boxing Hall of Fame Event on May 16, in
Belfast, from 5 to 8 p.m.
12. There will be a special Committee of the
Whole meeting on Friday, February 13, at 1 p.m. in the Legislative Chambers to
discuss and gather information on a potential Fiber Optic Project for Allegany
County.
13. The Budget and Ways and Means Committee
meetings scheduled for 9 a.m. and 10 a.m. on Wednesday, February 18, will now
be held at 1 p.m. and 2 p.m. respectively.
14. Friendship Empire Zone Resolution No.
1-2009 on Support for the Continuation of the Empire Zone Program was received
in the Clerk of the Board’s Office.
APPOINTMENTS:
The Clerk of the Board
announced that Chairman Crandall has appointed Rodney K. Bennett of Dalton, New
York, to serve on the ALLEGANY COUNTY AGRICULTURAL AND FARMLAND PROTECTION
BOARD, coterminous with his designation as Chairman of Soil and Water
Conservation District’s Board of Directors, for a one-year term expiring
December 31, 2009.
RESOLUTIONS:
RESOLUTION
NO. 27-09
RESOLUTION IN
SUPPORT OF THE CONTINUATION OF THE
NEW YORK STATE
EMPIRE ZONE PROGRAM
Offered by: Ways and Means Committee
WHEREAS, economic stability and sustainability of our local economy
is a vital concern to the residents and businesses of Allegany County, and
WHEREAS, the County of Allegany needs a balanced economy consisting
of a wide range of various types of businesses, and
WHEREAS, the County of Allegany is cognizant of the need for
additional commercial and industrial businesses to attain such economic stability
and sustainability, and
WHEREAS, tax revenue generated by businesses throughout Allegany
County and the State of New York provides much needed relief to individual
taxpayers and their families, and
WHEREAS, the New York State Empire Zone program has been a proven
stimulus in the growth and revitalization of weakened local economies throughout
New York State, and
WHEREAS, the New York State Empire Zone program has been successful
in bringing thousands of new jobs to its sponsoring counties, and
WHEREAS, the Friendship Empire Zone of Allegany County, established
in 1994, has a long record of facilitating new job growth with 2,933 Empire
Zone workers, and new capital investments totaling $126 million over 14 years,
by providing local technical assistance to Empire Zone Certified Businesses
within Allegany County, and
WHEREAS, the continued economic development efforts of the
Friendship Empire Zone of Allegany County will result in attracting new
businesses and jobs for the people of Allegany County, and
WHEREAS, the New York State Empire Zone program has shown great
promise for the economy of Allegany County by piquing the interest of
prospective businesses inquiring from both outside Allegany County and outside
the state of New York while at the same time assisting local companies prepare
for growth, and
WHEREAS, the New York State Empire Zone program has a planned
sunset date of June 30, 2011, and
WHEREAS, the Governor’s proposed budget makes sweeping changes to
the Empire Zone program that may lead to litigation, company relocation, and
loss of credibility to New York’s economic development efforts, and
WHEREAS, increasing New York’s already high cost of doing business
by raising business fees and taxes, significantly cutting the state’s business
development budget, and undermining the credibility of our economic development
efforts would make New York less competitive, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of
Legislators hereby requests the State of New York to continue its Empire Zone
stimulus program beyond 2011 to June 30, 2017.
2. That the New York State Legislature, in
an effort to maintain continuity and to stimulate positive momentum, is
encouraged to enact legislation that will make the Empire Zone program less
bureaucratic, less complex, more targeted, and less costly.
3. That New York State lawmakers, as they
work on the state budget, are encouraged to make every effort to avoid adding
more burdens to employers - whether through taxes, fees, wage mandates or
regulations.
4. That certified copies of this resolution shall be forwarded to New York State Governor David A. Paterson, Senate Majority Leader Malcolm A. Smith, Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Senate Minority Leader Dean Skelos, Assembly Minority Leader James Tedisco, Senator Catharine M. Young, Assemblyman Joseph M. Giglio, Assemblyman Daniel Burling, Coordinator of the Friendship Empire Zone of Allegany County Wendall E. Brown, and Director of the Empire Zone Program Randal Coburn.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Truax 12
Ayes, 0 Noes, 3 Absent
RESOLUTION INTRO. NO. 32-09 (AUTHORIZING THE PURCHASE OF PROPERTY FROM
PRESUTTI FAMILY MEMBERS LOCATED IN BELMONT, NEW YORK) was TABLED following
a motion made by Legislator Kruger, seconded by Legislator Truax and carried on
a roll call vote of 7 Ayes, 5 Noes, 3 Absent (Voting No: Crandall, Fanton, Hopkins, Pullen, Reynolds). The property referred to in the proposed
resolution is located at 21 Court Street, and the purchase price is
$70,000. Legislator Kruger moved to table the resolution due to
the lack of a property description, and there was no market value given. He did some research and found that the
property is .32 acres and has a market value of $38,000. Because the lot will probably be used for
parking, demolition costs need to be figured.
Mr. Kruger felt there were other alternatives to look into, such as
building near the jail, and he was also opposed to taking another property off
the tax rolls.
RESOLUTION
NO. 28-09
RESOLUTION
AUTHORIZING THE OFFICE FOR THE AGING DIRECTOR TO
PURCHASE A NEW
MINI CARGO VAN
Offered by: Human Services and Ways and Means Committees
WHEREAS, that Resolution No. 114-2005 established a vehicle purchase and replacement capital account within the capital fund, and
WHEREAS, this fund was established to provide a cost center for the purchase and replacement of County vehicles other than heavy equipment, and
WHEREAS, withdrawals from such account shall be made only by resolution of the Board of Legislators upon the recommendation of the Ways and Means Committee, and
WHEREAS, the Office for the Aging Director is requesting approval for the purchase of a new mini cargo van for the Meals-on-Wheels Program for an estimated cost of $16,586, now, therefore, be it
RESOLVED:
1. That this Board of Legislators approves the request from the Office for the Aging Director for the purchase of a new mini cargo van for the Meals-on-Wheels Program.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Kruger 12
Ayes, 0 Noes, 3 Absent
RESOLUTION
NO. 29-09
TRANSFER OF
APPROPRIATION AND REVENUE FUNDS WITHIN
HEALTH
DEPARTMENT'S 2009 OPERATING BUDGET
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $7,800 is transferred as follows: $700 from Account No. A4052.2 to Account No. A4054.2, $7,100 from Account No. A4052.4 to Account No. A4054.4.
2. That the sum of $17,897 is transferred from Revenue Account No. A10.3401.02 to Revenue Account No. A10.3401.4054.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Pullen 12
Ayes, 0 Noes, 3 Absent
(Memo: The transfers referred to in Resolution No.
29-09 were necessary in order to separate the Early Intervention Administration
Grant funding and the Children with Special Health Care Needs Grant funding at
the County level, because they have now become separate grants at the NYS
Department of Health level. EI
Administration will remain under Account A4052, and CSHCN will become Account
A4054.)
RESOLUTION
NO. 30-09
TRANSFER OF FUNDS
WITHIN MENTAL HEALTH ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $16,544 is transferred from Account No. A4313.4 as follows: $7,500 to Account No. A4317.1, $7,249 to Account No. A4317.4, and $1,795 to Account No. A4317.8
2. That the sum of $572 is transferred from Account No. A4310.1 to Account No. A4317.1.
Moved by: Mr. Russo Adopted: Roll Call
Seconded by: Mr. Fanton 12
Ayes, 0 Noes, 3 Absent
(Memo: The transfers referred to in Resolution No.
30-09 were requested to separate AOT fees, presently budgeted under Accounts
A4310 and A4313, into a new account.)
RESOLUTION
NO. 31-09
Offered by: Ways and Means Committee
RESOLVED:
1. That New York State Office of Real Property Services grant funds in the amount of $25,000 not spent in calendar year 2008 is reappropriated to Account No. A1355.432 with a like sum credited to Revenue Account No. A15.599.00.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 12
Ayes, 0 Noes, 3 Absent
(Memo: The reappropriation of grant funds approved
in Resolution No. 31-09 was necessary due to overlapping fiscal years. The study of County assessing programs funded
by the grant must be completed by March 1, 2009, and if so, there is an
additional $25,000 component available.
The grant was originally accepted by Resolution No. 62-08.)
RESOLUTION
NO. 32-09
APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF
ALLEGANY AND
LABELLA ASSOCIATES, PC
Offered by: Court Facilities and County Space Needs and
Ways and Means Committees
RESOLVED:
1. Subject to approval of the County Attorney as to form, this Board approves entering into an Agreement with LaBella Associates, PC for final design services for the Allegany County Court Facility, along the terms of the proposal of January 21, 2009, received from LaBella Associates, PC.
2. That the Chairman of this Board is authorized to execute said Agreement.
Moved by: Mr. Pullen Adopted: Roll Call
Seconded by: Mr. Reynolds 10
Ayes, 2 Noes, 3 Absent
Voting
No: Kruger, Truax
(Memo: The fee for services included in the
agreement approved by Resolution No. 32-09 is $994,000.)
Resolution Intro. No. 38-09
(Resolution Urging the State of New York to Take Action to Lessen the Burden on
Allegany County Taxpayers of Housing Parole Violators and State Ready Inmates
at the Allegany County Jail) was not pre-filed and was considered from the
floor on a motion made by Legislator Kruger, seconded by Legislator Reynolds
and carried.
RESOLUTION
NO. 33-09
RESOLUTION URGING
THE STATE OF NEW YORK TO TAKE ACTION TO
LESSEN THE BURDEN
ON ALLEGANY COUNTY TAXPAYERS OF
HOUSING PAROLE
VIOLATORS AND STATE READY INMATES AT
THE ALLEGANY
COUNTY JAIL
Offered by: Public Safety Committee
WHEREAS, county jails in New York State continue to house increasing numbers of parole violators, including parole violators held on technical charges and parole violators who have become state ready and are awaiting transfer to a state correctional facility, and
WHEREAS, many jails report that a significant portion of their entire jail population is comprised of such parole violators and state ready inmates, and
WHEREAS, in many county jails the average length of stay of a parole violator prior to his final parole hearing is one hundred twenty (120) days, and
WHEREAS, there are sixty-nine state correctional facilities, in addition to the 902‑bed Willard Drug Treatment in Seneca County, New York, meaning that there is a state correctional facility in or near each county of New York State, and
WHEREAS, the number of inmates incarcerated in state prisons has been reduced so significantly in recent years that the Governor and some members of the New York State Legislature have called for a closing of several state correctional facilities, and
WHEREAS, these inmates held on parole violations have always been considered a State responsibility, although the State reimburses counties for only a portion of the housing costs incurred in maintaining these inmates while their parole revocation proceedings are held and completed, and provides no reimbursement for medical costs for such inmates incurred by New York State counties, and
WHEREAS, Governor Paterson in his proposed 2009-2010 state budget has suggested elimination of all funding to counties for housing such parole violator inmates on behalf of the State of New York, now therefore, be it
RESOLVED:
1. That Allegany County should seek appropriate relief from the Division of Parole and the Department of Correctional Services to lessen the amount of time that parole violators and state ready inmates are held at county jails.
2. That Allegany County urges the State of New York to pass legislation to allow parolees awaiting a parole violation hearing to be incarcerated in a State Correctional facility in or near the county where the alleged parole violation occurred, rather than in a county jail.
3. That until such time as a parolee awaiting a parole violation hearing is held at a State Correctional facility, that Allegany County should be entitled to reasonable compensation for housing such alleged parole violator inmates, at a sum equal to the actual cost of confinement, including actual medical expenses incurred by the County.
4. That certified copies of this resolution be mailed to New York State Governor David A. Paterson, New York State Department of Correctional Services Commissioner Brian Fischer, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, NYSAC, and the InterCounty Association of Western New York.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. McCormick 12
Ayes, 0 Noes, 3 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 McCormick and adopted on a roll call
vote of 12 Ayes, 0 Noes, 3 Absent, that the audit of claims, totaling $3,350,958.73
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 $867,180.)
ADJOURNMENT: The meeting was adjourned at 3:20 p.m. on a motion made by Legislator Truax,
seconded by Legislator Reynolds and carried.