ALLEGANY
REGULAR SESSION
JANUARY 12, 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 Veteran who led in the Pledge of Allegiance
was Michael D. Spath, Retired US Navy Chief Legalman and employee of the
INVOCATION: The Invocation
was given by Legislator Pullen.
ROLL
CALL: 15 Present; 0 Absent.
APPROVAL OF
MINUTES:
The Board meeting minutes of December
22, 2008 were approved on a motion made by Legislator Dibble, seconded by
Legislator Hopkins and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a
certificate to Michael D. Spath, retired U.S. Navy Chief Legalman, in grateful
appreciation of over twenty years of service to our country. Mr. Spath is the second in a hopefully
long-term tradition of having a Veteran lead in the Pledge of Allegiance to the
Flag at Board meetings, giving more meaning to the action and what it means to
all of us. Mike served in the United
States Navy from March 1966 through July 1986, earning many certificates and
awards, including four Good Conduct Awards, three Honorable Discharge
Certificates, U.S. Navy Good Conduct Medal with three stars, Meritorious Unit
Commendation Medal, and National Defense Service Medal. After his retirement, Mike returned to
Angelica and was employed with the Angelica Spring Factory and the
Susan O’Rorke, NYMIR Marketing
Director, addressed the Board regarding their Subscriber/Member Capital
Distribution Initiative. NYMIR is a
non-profit, statewide property and casualty insurance program existing solely
to insure
Rondus Miller, Town of Hume
Historian, and Nancy Gillette, a volunteer at the town's museum, presented
information on Allegany County Historical Calendars, the first project
undertaken by the County's History Preservation Roundtable. This group was organized as a way of sharing information,
concerns, and ideas between town historians, historical society members, and
other interested citizens to preserve the County’s rich history. The calendars contain photos and data encompassing
the history of the entire County.
Organizers enlisted the assistance of County Historian Craig Braack to ensure
that all 29 towns in the County were represented. Each day in the calendar includes something
that happened within the County. Quite
appropriately, considering the bond resolution to be voted on at today's Board
meeting, the entry for January 13 was from 1938 – "money appropriated for
new courthouse." The calendars were
completed and printed within just five and one-half weeks, and are available
from town historians and members of the History Preservation Roundtable of Allegany
County.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. Placed
on each legislator’s desk was a copy of the Organization Meeting minutes of
January 5, 2009 for review.
2. Notification
was received that the Personnel Committee appointed Douglas A. Dillon as
Executive Secretary of the Allegany County Mutual Self-Insurance Plan for 2009.
3. Correspondence
was received from Ronald Younkins, Chief of Operations for the NYS Unified
Court System, reiterating that they will not reverse their rejection of the
proposal to provide additional space for the courts by renovating the former County
jail. The letter further indicates that
Chief Administrative Judge Ann Pfau is prepared to approve the County’s Plan
that was submitted in July once an updated project schedule and bonding
resolution are forwarded, and any further delays will result in the imposition
of financial sanctions against the County.
(Copies of this letter were
distributed to all legislators on December 22 along with a memo from the Chairman.)
4. Correspondence
was received from Sandra Sheldon of Fillmore urging the Legislators to say “No”
to
5. Correspondence
was received inviting legislators to attend Alfred State College’s annual
Legislators’ Afternoon on Tuesday, January 20.
The program will highlight the College’s “green collar” workforce
initiatives. (This program was subsequently postponed.)
6. Notice
was received that the next Fire Advisory Board meeting will be held on
Thursday, January 22, at 8 p.m. in Room 122 at the Public Safety Facility.
7. Correspondence
was received from Patrick Hooker, Commissioner of NYS Agriculture and Markets,
regarding our Resolution No. 204-08, a district review plan to modify Allegany
County Agricultural District No. 1. The
letter certifies that: (A) The District
is eligible for redistricting. (B) The
District consists predominantly of viable agricultural land. (C) The plan of the District is feasible. (D) The District will serve the public
interest by assisting in maintaining a viable agricultural industry within the
District and the State.
8. Correspondence
was received from NYSAC, along with their first edition of Economy Watch, a monthly summary of the major indicators describing
the current state of
APPOINTMENTS:
Chairman Crandall has
appointed the following as members of the Allegany
County Citizens Advisory Committee on Tourism, to serve at his
pleasure:
Elaine Hardman,
Wellsville
Donald Cameron, Alfred
Station
Lee James,
Lee Gridley, Wellsville
Joel Kassirer, Angelica
Craig Smith, Fillmore
Steve Havey, Wellsville
Marie Willard, Caneadea
Larry Short,
Chairman Crandall has
appointed the following as members of the Allegany
County Development Advisory Board, effective immediately, to serve
at his pleasure, subject to confirmation by the Board of Legislators:
Education: Deborah Clark,
Alfred
Agriculture: Gretchen Gary,
Belmont
Forests: John Corneby,
Whitesville
Recreation/Tourism: Craig Braack, Belmont
Industry: Raymond
DeTine,
Barbara
Deming,
Steve
Havey, Wellsville
Utilities: Frederic
Marks, Almond
Small Business: William Hart, Wellsville
Banking: Linda Clayson,
Belmont
Real Estate: William Shuler,
At-Large: Fred Sinclair,
Scio
Zena
Andrus,
Gretchen
Hanchett, Belmont
Chairman Crandall has
appointed Phil May of Wellsville as the Landowner Representative Member of the Region 9 Fish and Wildlife Management Board,
for a term of two years, commencing January 1, 2009, and expiring December 31,
2010, subject to confirmation by the Board of Legislators.
Chairman Crandall has
appointed Gilbert Childs of Richburg to fill Derwood Say's unexpired two-year
term as the Sportsmen's Representative Member of the Region 9 Fish and Wildlife Management Board, for a term
expiring December 31, 2009, subject to confirmation by the Board of
Legislators.
Chairman Crandall, in a
joint measure with Crystal Abers, Chairman of the Cattaraugus County Board of
Legislators, has appointed the following to serve on the Cattaraugus-Allegany Workforce Investment Board
Youth Council for a two-year term expiring December 31, 2010:
Vicki Livermore,
Cassadaga Job Corps, Cassadaga
Becky Scott, Literacy
Erin Schwab, Cattaraugus
Community Action,
Jason Huffman, WIB
Member Liaison, Cooper Power Systems,
RESOLUTIONS:
Resolution Intro. No. 19-09 (Designation of Allegany County as Lead Agency and Determination of No Significant Impact with Respect to the Court Facilities Plan together with the County Office Needs Plan) was considered out of order following a motion made by Legislator Pullen, seconded by Legislator Dibble and carried.
Resolution Intro. No. 19-09 was not pre-filed and was considered from the floor on a motion made by Legislator Pullen, seconded by Legislator Fanton and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
Resolution Intro. No. 19-09 was amended on a motion made by Legislator Pullen, seconded by Legislator Dibble and carried to change "Type II Action" to "Unlisted Action" in Resolved No. 2 and No. 3.
RESOLUTION
NO. 4-09
DESIGNATION OF
ALLEGANY COUNTY AS LEAD AGENCY AND
DETERMINATION OF
NO SIGNIFICANT IMPACT WITH RESPECT TO
THE COURT
FACILITIES PLAN TOGETHER WITH THE
Offered by: Court Facilities and County Space Needs Committee
WHEREAS, the County of Allegany as lead agency acting through its Committee of the Whole conducted an environmental review of a “proposed action” consisting of the construction of new courthouse facility space and renovation of existing courthouse space, together with the renovation of existing County office facilities and either improvements to existing County facilities or the construction of new County office facility space for County office purposes, and
WHEREAS, there was no objection received from other
interested parties as to
WHEREAS, the Committee of the Whole determined that the new construction elements of the proposed action constituted “Unlisted Actions” for purposes of the State Environmental Quality Review Act (“SEQR”) which will not result in any significant adverse environmental effects, and the reconstruction and renovation components constitute Type II Actions for purposes of SEQR which by definition have no significant environmental effects, and
WHEREAS, the Committee of the Whole directed filing of a Notice of Determination of Non-Significance, now therefore, be it
RESOLVED:
1. That this Board confirms the action of
the Committee of the Whole and declares that the
2. That the lead agency determines that this Unlisted Action will not have a significant impact because of the small scale of the project.
3. That as lead agency, the
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Pullen 10 Ayes, 5 Noes, 0 Absent
Voting No: Kruger, McCormick, Russo, Truax, Ungermann
Resolution
Intro. No. 4-09 (Bond Resolution
Dated January 12, 2009. A
Resolution Authorizing the Construction of a New Court Facility, Improvements to
the Existing Court Facility Space, and Either Improvements to Existing County
Office Facilities or the Construction of a New Office Facility in and for the
County of Allegany, New York, at a Maximum Estimated Cost of $18,684,000 and
Authorizing the Issuance of $18,684,000 Bonds of Said County to Pay the Cost thereof) was amended on a
motion made by Legislator Burdick, seconded by Legislator O'Grady and carried
on a roll call vote of 10 Ayes, 5 Noes, 0 Absent, to change the estimated cost
and the bond amount from $18,684,000 to $13,787,000, and also to eliminate wording
regarding improvements to or construction of County office facilities.
RESOLUTION
NO. 5-09
BOND RESOLUTION
DATED JANUARY 12, 2009
A RESOLUTION
AUTHORIZING THE CONSTRUCTION OF A NEW COURT FACILITY AND IMPROVEMENTS TO THE
EXISTING COURT FACILITY SPACE
IN AND FOR THE
AT A MAXIMUM
ESTIMATED COST OF $13,787,000 AND
AUTHORIZING THE
ISSUANCE OF $13,787,000 BONDS OF SAID COUNTY
TO PAY THE COST
THEREOF
Offered by: Ways and Means Committee
WHEREAS, all conditions precedent to the financing of
the capital projects hereinafter described, including compliance with
the provisions of the State Environmental Quality Review Act, have been performed,
and
WHEREAS, it is now desired to authorize the financing of
such capital projects, NOW, THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less
than two-thirds of the total voting strength of the Board of Legislators of the
Section 1. The construction of a new court facility contiguous to the existing County building in Belmont and improvements to the existing court facility all in and for the County of Allegany, New York, including site improvements, original furnishings, machinery, equipment, apparatus, appurtenances and incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $13,787,000.
Section 2. The new construction components of the project have been determined to be "Unlisted Actions" for purposes of the State Environmental Quality Review Act ("SEQR") which will not result in any significant adverse environmental effects. The reconstruction components have been determined to constitute Type II Actions for purposes of SEQR which by definition have no significant environmental effects.
Section 3. The plan for the financing of such maximum estimated cost shall consist of the issuance of not exceeding $13,787,000 bonds of said County hereby authorized to be issued pursuant to the provisions of the Local Finance Law.
Section 4. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty-five years, pursuant to subdivision 93 of paragraph a of Section 11.00 of the Local Finance Law.
Section
5. Subject to the provisions of
the Local Finance Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the bonds herein
authorized, including renewals of such notes, is hereby delegated to the
Section
6. The faith and credit of said
Section 7. The powers and duties of
advertising such bonds for sale, conducting the sale and awarding the bonds,
are hereby delegated to the
Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County by the facsimile signature of the County Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the County), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the County Treasurer. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the County Treasurer shall determine.
Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 10. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section
11. This resolution, which takes
effect immediately, shall be published in summary form in the Wellsville Daily
Reporter and the Cuba Patriot & Free Press, the official newspapers,
together with a notice of the Clerk of the Board of Legislators in substantially
the form provided in Section 81.00 of the Local Finance Law.
Moved by: Mr. Pullen Adopted: Roll Call
Seconded by: Mr. Reynolds 10 Ayes, 5 Noes, 0 Absent
Voting No: Kruger, McCormick, Russo, Truax, Ungermann
Comments made regarding Resolution No. 5-09:
Following
his motion to amend the resolution (see above), Mr. Burdick commented that the
issue started as a courthouse project, and somewhere along the line
Mr.
Kruger stated that he understood the efforts to contain spending to only the Court
Facility Project itself, however, he has voiced concern about the parking
problem numerous times and has yet to hear an answer. The solution is not going to be free. He will not support the project in any form,
as he felt we should have started with an alternative and let it be rejected.
Mr.
McCormick recognized the efforts of the Court Facilities and County Space Needs
Committee, but felt that all work outside of the court facilities issue should
be stricken. Mr. Pullen responded that
there were countless hours spent on the other work, and it can’t all be ignored. The work was valuable and will have to be
considered; but for bond resolution purposes, right now we are not considering
anything other than court needs. Mr. Pullen
felt everything should be included, but since a two-thirds vote is needed to
proceed, and we heard the consequences of inaction, we need to do what will garner
the vote.
Mr.
Ungermann noted that several months ago, Mr. Pullen brought to the Board's
attention that Niagara County was given the distinction of being the highest
taxed county in the state with 3.7 percent of their residents' income going to
taxes, while Allegany County is paying more in the neighborhood of 7
percent. This is the same person now
pushing this project, saying the bond is like the mortgage we all have on our
homes, putting each of us further in debt.
The federal government is proposing a trillion dollar bail-out package to
prevent failed mortgages, and the State of
Mr.
Ungermann stated that we have a choice today: to ride the same political
backdoor rail that gave us the new jail, gave away 56,000 square feet of floor
space in an old school for $1, and bought another old school for a mere
$400,000. We have a choice to bond $14
million for court facilities and give a $5 million blank check to leadership to
spend with a simple majority vote. We
have a choice to bond $18.64 million for an unfinished building with no
parking, which LaBella readily admits will not solve all our space needs. A bond that may well run to $25 to $30
million before all is said and done, raising our debt total to $60 million or
more. How much will it cost to operate
this new building, and how many more people will it take to maintain it? Our other choice is to say "No" to
the state and tell them we'll give them the open space we already have, which
more than doubles the existing court space, along with $4.1 million to fix it
up as proposed in Resolution Intro. No. 238-08.
Mr.
Ungermann quoted from Rules of the Chief Judge, Part 34, Guidelines for New
York State Court Facilities: "In the exercise of responsibility for
supervision of the administration and operation of the Unified Court System,
the Chief Administrator of the Courts shall encourage, whenever possible and
insofar as practicable, compliance with the guidelines for New York State court
facilities set forth." Mr.
Ungermann believes the courts could be moved into the former jail space within
a year or less. It meets all square
footage requirements. Examples were
given from Clark Patterson Associates' review of the third floor space in
comparison with OCA guidelines. The
space may not be perfect, and we may still get sanctioned, but the sanction
letter would be followed by the opportunity for mediation.
Mr.
Ungermann read an excerpt from the law about the mediation process: "Mediation shall consist of expedited
proceedings to effectuate the voluntary resolution of any dispute between the Court
Facilities Capital Review Board and a political subdivision concerning approval
of a capital plan pursuant to section 1680-c of the Public Authorities Law or
the Chief Administrator's determination pursuant to paragraph (a) of
subdivision 3 of section 39 of this article…
In mediating the dispute, the mediator shall take into consideration, in
addition to any other relevant factors, the political subdivision's legal
obligation under section 39 of this article to provide goods, services and
facilities suitable and sufficient for the transaction of business, and the
financial ability of the political subdivision to pay for the goods, services
and facilities in light of the totality of its needs and the resources
available."
Mr.
Ungermann referred to a cartoon he distributed illustrating the Court
Facilities Committee Chairman looking in at
Mr.
Kruger commented that we are doing the taxpayers a disservice if we do not
allow them the opportunity to have a mediator look at the project and our
finances to make a determination on whether or not we can afford this. The bond is for 25 years, but it’s really
forever, because when property taxes have been raised in the past to finance a bond,
they weren’t lowered by that amount when the bond was paid off. The residents of Friendship will be paying a
disproportionate share of the expense.
Mr. Kruger has not had one call from a District II resident in support
of the bond, but many calls in opposition.
He's doing his best to represent his constituents. A mediator could change the entire picture. If we approve this bond resolution, we take
away the last opportunity to save our taxpayers.
Mr.
O’Grady noted that the Court Facilities and County Space Needs Committee has
looked at many options before finally settling on this proposal, which was
adopted by the Board as the official County Court Facilities Plan. It was sent to OCA for approval, and is
presently awaiting a funding resolution in the amount of $13.78 million. The committee was also charged with resolving
County office space needs and recommended renovating the jail floor and making
minor renovations to the other floors at a cost of about $4.8 million. There are several legislators who support the
entire plan, but some wanted the projects separated. Mr. O’Grady has been back and forth on the
issue, however, realizing that the bond resolution would require ten votes, and
hearing the consequences of failure, he agreed with the amendment to separate
the issues.
Mr.
Reynolds commented that the public needs to be aware that those legislators
voting in favor of the bond are not in favor of spending the money. He would be pleased to be able to approve the
less expensive Ungermann plan, but the resulting sanction would carry a heavy
price. The loss of state aid would
devastate the County, resulting in a 50 percent increase in taxes to meet
operating expenses. Mr. Reynolds agrees
with Mr. Ungermann’s philosophy, but the state said “No.” He also noted that the mediator Mr. Ungermann
and Mr. Kruger referred to is not an arbitrator. They make no conclusion; the state still
makes the decision. The consequences for
the County if we fail to pass this bond would be devastating.
Mr.
Hopkins commented on what would happen without the $14 million state aid if it
was sanctioned. Presently, $25 million
is spent on programs that we have control of.
The state would take $14 million in one year, money that would have to
be made up by deciding what programs to cut.
We can’t cut solid waste, E-911, or highway, so it comes down to areas
like Office for the Aging,
Mr.
Pullen commented that the committee has gone through exhaustive examination of
what could be done. Some options cost $30
million. Although the $14 million will
also be crushing, it could be worse.
Originally the plan was estimated at $21 million, then was reduced to $18.6
million, and now we’re looking at an amended $13,787,000. Mr. Ungermann proposed an alternative which
we heard would cost $4-5 million, but the estimate proposed by Clark Patterson
on the three-component plan that was taken to
Mr.
McCormick referred to Mr. Margeson’s presentation on December 3 which included
the financed principle of $13.7 million.
We also have to consider the interest on that. The courts will subsidize some of the
interest expense, but it still leaves
Mr.
Russo noted that most of his points had already been made by Mr. Ungermann and
Mr. McCormick. He added that last year,
the national economy began its down-turn, resulting in job losses and mortgage
foreclosures, and the stock market is wiping out the retirement savings of the
elderly. Further increasing the tax rate
would be a big disservice to our County residents.
Mr.
Dibble noted that there are 62 counties in the state, and 61 have complied. He is not fond of the idea of building or
spending either, but there is no alternative.
We have to move forward this month or face a sanction of $14 million,
which will be devastating to the County.
Mr.
Truax commented that this is not a bad time to be the last man standing. The Board voted the court facilities issue
down 15 years ago, and he has not changed his mind since then. The County still cannot afford it. Mr. Truax clarified that Mr. Ungermann’s plan
was a three-part plan, and it included the school building that we gave away,
but we cannot afford $13 million.
Chairman
Crandall requested that Vice Chairman Reynolds take the Chair to allow him to
make the following statement:
“I would like to thank the Board for all the time,
research, energy, and genuine concern that has gone into such an important
issue for
Over the past three years, this Board has heard the
history of our County as it relates to the Court Facilities Act of 1987. We have learned that
Since June 26, 2006, when William Clark, Counsel for
Capital Planning for the Office of Court Administration, stood in this chamber,
drew a line in the sand, and delivered a message that time had come to submit
and act on an acceptable Capital Plan for Allegany County, or face financial
sanctions, contained in State Law, this Board has worked diligently to comply. We recognized our responsibility to take the
position of the Office of Court Administration seriously, and we did.
We all know of the many options that have been looked at,
and debated, since June 2006. We
remember the discussions that have taken place to reduce the size and cost of
the project, yet still keep it acceptable. Not acceptable to us, but acceptable to the
Capital Review Board and the NYS Unified Court System Chief Administrative
Judge Ann Pfau. We have taken trips to
Manhattan, visited other court facilities in New York State, have seen numerous
Power Point presentations, looked at financial information, and poured over
pages of drawings and floor plans.
Gentlemen – The time has come.
Although, I support a more comprehensive plan that
addresses space and operational issues beyond the Courthouse, the time to
commit with our legal obligation, and to comply with New York State Law and the
Court Facilities Act, is here.
The passage of this bond resolution today, along with a
project schedule sent to the Office of Court Administration, will avert the
financial sanctions against
I use the word “Choice” a little tongue–in–cheek, for
there is no real choice today. In recent
correspondence from the Office of Court Administration, it was stated that any
further delay in completing this plan, and advancing it in accordance with its
terms, will lead to the imposition of financial sanctions against
Mr. Clark visited us again last Thursday night, to once
again be sure we were clear on their position, and to state that further delay
would not be tolerated. To further drive
home the importance of this resolution, I had a personal conversation with
Chief Administrative Judge Ann Pfau on Wednesday of last week (January 7). Her message in that conversation was that
At a committee meeting several months ago, I was asked if
I really felt there was support by this Board for a bond resolution to fund the
Court Facilities Project. My answer to
the question was, not only do I feel there would be support, but the vote would
be 15 – 0. If you recall, that answer
drew snickers and negative comments from some of my colleagues. Given an opportunity to explain myself, I said
that once this Board was given the facts and alternatives, the bond resolution
would pass 15 – 0. In light of the
alternative of being sanctioned, and the devastating effect this would have on
services in Allegany County, I believe my answer to be more accurate today than
it was a couple of months ago.
In fact, I would like to take that statement a step
further today, and say that any legislator who votes “No” on this bond
resolution is clearly taking an irresponsible stand, and a position that can be
motivated only by political and self interest. I hope any dissenting votes are recorded loud
and clear and the implications that they represent be known to the citizens of
I will be voting “Yes” on this resolution and will be
disappointed if the tally is not 15 - 0.”
RESOLUTION
NO. 6-09
RESOLUTION
ENCOURAGING THE
DEPARTMENT OF
ENVIRONMENTAL CONSERVATION TO QUICKLY
COMPLETE ITS
ENVIRONMENTAL REVIEW OF NATURAL GAS DRILLING IN THE MARCELLUS SHALE AND LIFTING
OF THE DRILLING MORATORIUM
Offered by: Ways and Means Committee
WHEREAS, Allegany County faces severe economic challenges which have only become more acute due to the recent worldwide economic crisis, and
WHEREAS, there now exists an opportunity for significant economic development through the proper exploitation of natural gas within the Marcellus Shale region underlying Allegany County and much of New York State's Southern Tier, and
WHEREAS, in order to encourage the development of such natural gas resources and compete effectively with other states, New York State's regulatory environment needs to be able to act quickly in its permitting process as it pertains to well drilling, and
WHEREAS,
the New York State Department of Environmental Conservation has already
shown itself capable of protecting the environmental interests of
WHEREAS, the economic cost from lost gas drilling, lost gas production, lost ancillary jobs and lost tax revenue far outweigh any environmental benefit from a prolonged environmental review of gas drilling in the Marcellus Shale, and
WHEREAS, the New York State Department of Environmental Conservation has had an ample opportunity to review environmental concerns relative to gas drilling in the Marcellus Shale, now, therefore, be it
RESOLVED:
1. That
the
2. That the moratorium concerning further drilling in the Marcellus Shale be lifted.
3. That the process of issuing drilling permits be sped up once the moratorium is lifted.
4. That certified copies of this resolution be mailed to New York State Governor David A. Paterson, NYS DEC Commissioner Peter Grannis, the Senate and Assembly En-Con Committees, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, NYSAC, and the InterCounty Association of Western New York.
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. Truax
RESOLUTION
NO. 7-09
CHANGING REGULAR BOARD MEETING DATE FROM FEBRUARY 9, 2009
TO FEBRUARY 6, 2009
Offered by: Ways and Means Committee
RESOLVED:
1. Notwithstanding Rule 110.A. of County Board Rules, the first regular meeting of this Board in the month of February of 2009 shall be held on February 6, 2009 at 2:00 PM and not on February 9, 2009 at 2:00 PM.
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. Pullen
(Memo: The change in Board meeting date approved by Resolution No. 7-09
was requested to allow legislators to attend the annual NYSAC Conference being
held February 9-11, 2009.)
RESOLUTION
NO. 8-09
RESOLUTION DESIGNATING OFFICIAL NEWSPAPERS FOR THE
PUBLICATION OF LOCAL LAWS,
NOTICES AND OTHER MATTERS
REQUIRED BY LAW TO BE PUBLISHED IN 2009
Offered by: Ways and Means Committee
WHEREAS, in accordance with subdivision 1 of Section 214 of the County Law, the members of this Board of Legislators representing respectively each 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 2009, 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. Fanton Opposed: Kruger
RESOLUTION INTRO. NO. 8-09 (AMENDING
RESOLUTION NO. 272-2005 ENTITLED RESTRICTIONS ON THE USE OF COUNTY OWNED
VEHICLES) was DEFEATED on a roll call vote of 6 Ayes, 9 Noes, 0 Absent
(Voting No: Benson, Burdick, Kruger,
McCormick, O'Grady, Pullen, Russo, Truax, Ungermann). If approved, the amendment would have added
the position of Lieutenant in the Sheriff's Office to the exemptions from
restrictions on County vehicles.
Legislators Kruger and O'Grady both voiced their opposition to the
amendment, stating that parking the vehicles has saved money. The vehicle referenced in the proposed
resolution was purchased to replace a patrol vehicle damaged in the Wellsville
incident. Transport vans aside, the last
three vehicles
purchased have all gone to administration when they would have been better
utilized in patrol and a replacement purchased for the 1998 or 99 Trailblazer
we were told was dangerous but is still in service. The fleet keeps growing because vehicles
aren't being taken off when replaced.
RESOLUTION
NO. 9-09
APPROVAL OF BOARD CHAIRMAN’S REAPPOINTMENT
OF
HARVEY SCOTT SPILLANE AS DIRECTOR OF
RESOLVED:
1. That the reappointment by the Chairman
of this Board of Legislators of Harvey Scott Spillane as Director of the County
Veterans’ Service Agency for a term commencing January 1, 2009 and ending
December 31, 2009 is approved.
Moved by: Mr. Hall Adopted: Voice Vote
Seconded by: Mr. Russo
RESOLUTION
NO. 10-09
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, 2009, and expire December 31, 2009:
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
Daniel Barkley, Jr. Richburg
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. Truax
RESOLUTION
NO. 11-09
REAPPOINTMENT OF THREE INCUMBENT MEMBERS TO
Offered by:
Public Safety Committee
Pursuant to Local Law No. 2 of 1972
RESOLVED:
1. That Charles Stout, David S. Roeske and
Gary Fries are reappointed to the County Traffic Safety Board, with term of
office for each to commence January 1, 2009 and expire December 31, 2011.
Moved by: Mr. Dibble Adopted: Voice Vote
Seconded by: Mr. Truax
RESOLUTION
INTRO. NO. 12-09 (ACCEPTANCE OF ADDITIONAL NEW YORK STATE GRANT FUNDS FOR
IMPLEMENTING A CENTRALIZED COUNTY LEVEL DATABASE FOR TAX COLLECTION
INFORMATION; APPROPRIATION OF FUNDS) was TABLED on a motion made by Legislator Reynolds,
seconded by Legislator Dibble and carried.
The resolution was offered prematurely, as the grant award letter has
not been received.
RESOLUTION
NO. 12-09
APPROVAL OF AIR MEDICAL SERVICES CONTRACT
WITH
MERCY FLIGHT, INC. FOR 2009
Offered by: Human Services Committee
RESOLVED:
1. That
Air Medical Services Contract between Mercy Flight, Inc. and the
2. That the Chairman of this Board is authorized to execute such contract.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Kruger 15 Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No.
12-09: The payment associated with the
Mercy Flight contract is $10,000. Mr.
Pullen noted that although we got through the court bonding vote dilemma, it
will impact the County for years to come.
Some expenses are not mandated, and this contract is one. He agrees with Mr. McCormick that there are
things we could cut, but there will be pain.
Maybe there needs to be pain.
Should this contract be a function of the County? We could wrestle with some options, but this
is one program he will support as it is truly a life or death issue.
RESOLUTION
NO. 13-09
APPROVAL OF AGREEMENT WITH
ASSOCIATION FOR THE BLIND AND VISUALLY
HANDICAPPED, INC.,
IN RELATION TO THE RENDERING OF SERVICE,
TRAINING OR AID
TO INDIGENT BLIND IN
Offered by: Human Services Committee
Pursuant to
RESOLVED:
1. That
the Agreement in the amount of $7,500 between the County of Allegany and
Allegany County Association for the Blind and Visually Handicapped, Inc., in
relation to the rendering of service, training or aid to indigent blind in
Allegany County during 2009, is approved.
2. That the Chairman of this Board is authorized to execute said Agreement in triplicate.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble 15 Ayes, 0 Noes, 0 Absent
RESOLUTION
INTRO. NO. 15-09 (APPROVING CONTRACT WITH ALLEGANY LEGAL SERVICES, CORP. 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) was WITHDRAWN by Legislator Dibble, Chairman of the Public Safety Committee.
RESOLUTION
NO. 14-09
APPROVAL OF AGREEMENT WITH
VOLUNTEER FIREMEN'S ASSOCIATION OF ALLEGANY
COUNTY, INC.,
FOR PAYMENT OF 2009 BUDGETARY APPROPRIATION
Offered by: Public Safety Committee
Pursuant
to
RESOLVED:
1. That the Chairman of this Board is hereby authorized to execute an agreement between the County of Allegany and the Volunteer Firemen's Association of Allegany County, Inc. that shall provide, in substance, (a) that the County of Allegany will disburse in advance to said Association the sum of $2,000 to be used by said Association for the payment of expenses which it might incur during 2009 in providing fire training schools for training firefighters, (b) that said Association will render a verified account of such expenses on or before December 31, 2009, with verified or certified vouchers therefor attached, and (c) that any unused amount will be refunded to the County of Allegany.
2. That
the
3. That the Treasurer of said Association shall not be required to furnish a bond.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Truax 15 Ayes, 0 Noes, 0 Absent
A
motion was made by Legislator Ungermann and seconded by Legislator Kruger to table Resolution Intro. No. 17-09
(Approval of Memorandum of Agreement with Cornell Cooperative Extension
Association of Allegany County and Authorizing Chairman to Execute Memorandum
of Agreement; Authorizing County Treasurer to Make Appropriation Payments in
Relation to the 2009 Budgetary Appropriation for the Work of Such
Association). THE MOTION FAILED following
a roll call vote of 6 Ayes, 9 Noes, 0 Absent (Voting No: Burdick, Crandall, Dibble, Fanton, Hall,
RESOLUTION
NO. 15-09
APPROVAL OF MEMORANDUM OF AGREEMENT WITH
CORNELL COOPERATIVE EXTENSION ASSOCIATION OF ALLEGANY COUNTY AND
AUTHORIZING CHAIRMAN TO EXECUTE MEMORANDUM OF AGREEMENT; AUTHORIZING COUNTY
TREASURER TO MAKE APPROPRIATION PAYMENTS
IN RELATION TO THE 2009 BUDGETARY APPROPRIATION
FOR THE WORK OF SUCH ASSOCIATION
Offered by: Public Works Committee
Pursuant to
RESOLVED:
1. That Memorandum of Agreement between
the
2. That the County Treasurer is authorized and directed to pay one half of the sum provided in the 2009 County Final Budget for such Association in advance on the first day of each half beginning January 2009, to be used by such Association pursuant to the terms and conditions of such Agreement; such payments to be made to the duly bonded Treasurer of such Association.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Pullen 11 Ayes, 4 Noes, 0 Absent
Voting No: Benson, McCormick, O'Grady, Ungermann
Comments made regarding Resolution No.
15-09:
Mr.
O'Grady questioned the amount of the County appropriation for Cooperative
Extension. Mr. Margeson replied that it
was $198,000. Mr. O'Grady remarked that program
cuts will hurt, but he was going to join with Mr. McCormick in his call for budget
cuts; therefore, he would not be supporting this resolution. Mr. Kruger voiced similar sentiments.
Mr.
Pullen and Mr. Hopkins spoke in support of Cooperative Extension and the
incredible services provided for the money.
In addition to programs for farmers, 4-H youth, homemakers, and poison
response, our participation also provides for fringe benefits being paid by the
state for various positions in other departments. We get back all that we put into it through
savings in these other departments.
Mr.
Ungermann asked about the continuance of these grants in light of state budget
cuts. Ms. Ballengee responded that she
has not heard that any of the grants will be eliminated. There have been some cuts, but we have been
able to absorb them due to the fringes being so low.
Chairman
Crandall urged the Board to resist the "knee-jerk" reaction of making
cuts in these contracts without knowing what is really being cut. Some of these agencies have benefited the County
for a long time and save the County money.
If we say we could do without those positions and services, and want to
look at which programs we want to support, maybe we should put together another
series of "think-tank" sessions of the Committee of the Whole. Services and programs and possible areas to
cut were discussed during the budget process, looked at again when facing the potential
of being sanctioned, and considered in light of state and federal budget reductions. The Budget Committee worked at it and has
listings of mandated and non-mandated programs including their costs. Some good conversation could come through
that.
RESOLUTION
NO. 16-09
APPROVAL OF AGREEMENT WITH
FOR PAYMENT OF 2009 BUDGETARY APPROPRIATION
Offered by: Public Works Committee
RESOLVED:
1. That the Agreement between the
2. That the Chairman of this Board is authorized to execute such Agreement.
3. That the County Treasurer, upon receipt of a true copy of said Agreement, is authorized and directed to remit to said Society the sum of $7,000 and charge Account No. A8752.4 therefor.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Dibble 11 Ayes, 4 Noes, 0 Absent
Voting No: Kruger, McCormick, Pullen, Ungermann
Comments made regarding Resolution No. 16-09:
Mr.
Pullen noted he was a strong supporter of the County Fair, but it was one of
the things he struggled with during the budget process. He didn't feel we should be using tax dollars
on this. Mr. Kruger stated that the
money we give doesn’t make or break the Agricultural Society. This is a place we can cut. Mr. Ungermann requested their financial
statement last year, and they have $62,000 in reserve. It's nice to help, but where does it end? He asked if the County does upkeep on the
fairgrounds. Mr. Margeson replied that
we don't. The Agricultural Society is a
not-for-profit, and occasionally Public Works does loan equipment.
Mr.
Reynolds supported the resolution. One
of the County's major industries is agriculture, and he appreciates the hard
work in that profession. It seems
strange, in a County like ours, to be debating an ag related issue. Mr. Dibble voiced support for the County Fair
and noted that they have a volunteer Fair Board. It's great for the kids and the distinction
given to participants. Mr. Hopkins
clarified that the Agricultural Society does struggle from year to year. Depending on proceeds from their Friday night
show, they need their reserve. He didn't
know the amount of sales tax they generate, but he wouldn't want to risk reductions
in sales tax revenues. Chairman Crandall
recognized the fair's big tourism draw, and stated we don’t want to let this
one go.
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 Reynolds, seconded by Legislator Truax and adopted on a roll call
vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $4,588,825.90,
including prepaid expenses, be approved for payment as recommended by the
County Administrator. (
ADJOURNMENT:
The meeting was adjourned at 4:10
p.m. on a motion made by Legislator Reynolds, seconded by Legislator Hall and
carried.