ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

JANUARY 26, 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 Veteran who led in the Pledge of Allegiance was Thomas E. Hull, retired US Navy Lieutenant Commander and current employee of the Department of Health.

 

INVOCATION:  The Invocation was given by Legislator Dibble.

 

ROLL CALL:  13 Present; 2 Absent (Legislators Benson, Truax).

 

APPROVAL OF MINUTES:

 

            The Board Organization Meeting minutes of January 5, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried.

 

            The Committee of the Whole minutes of January 8, 2009 were approved on a motion made by Legislator Reynolds, seconded by Legislator Dibble and carried.

 

            The Committee of the Whole minutes of January 12, 2009 were approved on a motion made by Legislator Hall, seconded by Legislator Pullen and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall presented a certificate to Thomas E. Hull, retired US Navy Lieutenant Commander, in grateful appreciation of his service to our country.  Mr. Hull’s service was from 1985 to 1995 and included training at the Officer Indoctrination School in Newport, Rhode Island, and serving as an Environmental Health Officer of the Medical Service Corps in Washington, Georgia, Iceland, and Maryland.  He received the following military honors and awards: Navy Achievement Medal (two), Navy Commendation Medal (two), National Defense Service Medal, Navy and Marine Corps Overseas Service Ribbon with One Star, Navy Unit Commendation Medal, and Letters of Appreciation and Commendation.  Mr. Hull began his employment with the Allegany County Department of Health in 1995.

 

            Chairman Crandall presented a certificate of appreciation to District Attorney Terrence M. Parker in recognition of 25 years of service to Allegany County.  Mr. Parker began his employment with the County in 1984 as 2nd Assistant District Attorney, was appointed 1st ADA in 1985, and in 1997 was elected for his first term as District Attorney.

 

            Chairman Crandall acknowledged the BOCES Government Interns and their Instructor Warren Schmidt and noted that they will be formally introduced at a future meeting.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

            1.         Placed on each Legislator’s desk was a copy of the Board meeting minutes of January 12, 2009 for review.

 

            2.         Placed on each Legislator’s desk was a copy of the Legislators’ Compensation Table for 2008.

 

            3.         Also placed on each Legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of December 2008.

 

            4.         Received was a copy of a letter sent to our Department of Public Works from the Save the Caneadea Bridge Committee indicating that they were turning over the balance of their fundraising efforts totaling $9,037.42 to be earmarked for guide rails.

 

            5.         A reminder was announced that the first Board meeting in February will be held on Friday, February 6, 2009.

 

            6.         Correspondence was received from the Chenunda Creek Fellowship in Andover thanking the Board for their dedication and service and letting them know the congregation is praying for the Board while they make difficult decisions.

 

            7.         Correspondence was received from Office for the Aging Director Kimberley Toot inviting Legislators to attend the annual Legislative Luncheon on Friday, February 13, at the American Legion in Belmont beginning at 10:30 a.m.

 

            8.         Notification was received for a press conference for the Waterways Resort (former Six-S Golf Course) on February 9, at 11 a.m. at the Crossroads Center, and all Legislators are invited to attend.

 

RESOLUTIONS:

 

RESOLUTION NO. 17-09

 

A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF

TOWN BRIDGE NO. 21-08 (B.I.N. 2214850) IN TOWN OF INDEPENDENCE

 

Offered by:  Public Works and Ways and Means Committees

 

Pursuant to Highway Law § 238 and Resolution No. 65-95

 

            WHEREAS, the County Public Works Department has submitted a report to this Board stating its reasons why Town Bridge No. 21-08 (B.I.N. 2214850) on Fulmer Valley Road in the Town of Independence should be reconstructed, and

 

            WHEREAS, the County Public Works Department has submitted plans, maps and specifications for the reconstruction of such Bridge and estimated the project costs at $142,000, and

 

            WHEREAS, such Bridge qualifies under the Cost Sharing Plan set forth in Resolution No. 65-95, now, therefore, be it

 

            RESOLVED:

 

            1.         That this Board of Legislators does determine that it considers Town Bridge No. 21-08 (B.I.N. 2214850) on Fulmer Valley Road in the Town of Independence to be of sufficient importance to be reconstructed.

 

            2.         That the plans, maps and specifications prepared by the County Public Works Department are approved and the County Public Works Department is directed to construct such Bridge in accordance with such plans, maps and specifications.

 

            3.         That the authorized cost for the construction of such Bridge shall not exceed $142,000.

 

            4.         That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $120,700 and shall be transferred to a Capital Project Account to be designated by the County Treasurer.

 

            5.         That the Town’s share of such cost, estimated to be $21,300, shall be paid to the County pursuant to the provisions of section 1 g. of Resolution No. 65-95.

 

            6.         That such Bridge shall not be reconstructed until the Town of Independence files the appropriate Town Board resolution in accordance with Resolution No. 65-95.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Reynolds                                                         13 Ayes, 0 Noes, 2 Absent

 

RESOLUTION NO. 18-09

 

A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF

TOWN BRIDGE NO. 23-05 (B.I.N. 2214940) IN TOWN OF RUSHFORD

 

Offered by:  Public Works and Ways and Means Committees

 

Pursuant to Highway Law § 238 and Resolution No. 65-95

 

            WHEREAS, the County Public Works Department has submitted a report to this Board stating its reasons why Town Bridge No. 23-05 (B.I.N. 2214940) on West Branch Road in the Town of Rushford should be reconstructed, and

 

            WHEREAS, the County Public Works Department has submitted plans, maps and specifications for the reconstruction of such Bridge and estimated the project costs at $245,000, and

 

            WHEREAS, such Bridge qualifies under the Cost Sharing Plan set forth in Resolution No. 65-95, now, therefore, be it

 

            RESOLVED:

 

            1.         That this Board of Legislators does determine that it considers Town Bridge No. 23-05 (B.I.N. 2214940) on West Branch Road in the Town of Rushford to be of sufficient importance to be reconstructed.

 

            2.         That the plans, maps and specifications prepared by the County Public Works Department are approved and the County Public Works Department is directed to construct such Bridge in accordance with such plans, maps and specifications.

 

            3.         That the authorized cost for the construction of such Bridge shall not exceed $245,000.

 

            4.         That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $208,250 and shall be transferred to a Capital Project Account to be designated by the County Treasurer.

 

            5.         That the Town’s share of such cost, estimated to be $36,750, shall be paid to the County pursuant to the provisions of section 1 g. of Resolution No. 65-95.

 

            6.         That such Bridge shall not be reconstructed until the Town of Rushford files the appropriate Town Board resolution in accordance with Resolution No. 65-95.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Hopkins                                                          13 Ayes, 0 Noes, 2 Absent

 

RESOLUTION NO. 19-09

 

APPOINTMENT OF ONE MEMBER TO COUNTY BOARD OF HEALTH

 

Offered by:  Human Services Committee

 

Pursuant to Public Health Law §§ 343 and 344

 

            RESOLVED:

 

            1.         That Sherry Herdman is appointed to fill a vacancy to the County Board of Health, with term of office commencing January 12, 2009, and expiring July 7, 2012.

 

            Moved by:  Mr. Dibble                                                                            Adopted:  Voice Vote

            Seconded by:  Mr. Russo

 

RESOLUTION NO. 20-09

 

REAPPOINTMENT OF TWO MEMBERS TO THE

CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING

 

Offered by:  Human Services Committee

 

Pursuant to Resolution No. 221-74

 

            RESOLVED:

 

            1.         That the reappointments of Nancy Rouse of Scio, New York, and Robert Riber of Alfred Station, New York, to the Citizens Advisory Council to the Office for the Aging, with term of office for each commencing January 1, 2009, and expiring December 31, 2011, are confirmed.

 

            Moved by:  Mr. Russo                                                                             Adopted:  Voice Vote

            Seconded by:  Mr. Pullen

 

RESOLUTION NO. 21-09

 

REAPPOINTMENT OF TWO MEMBERS TO

ALLEGANY COUNTY COMMUNITY SERVICES BOARD

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That Dana S. Kruser of Andover, New York and Brent L. Reynolds of Alfred Station, New York are reappointed to the Allegany County Community Services Board, with term of office to commence January 1, 2009, and expire December 31, 2012.

 

            Moved by:  Mr. Russo                                                                             Adopted:  Voice Vote

            Seconded by:  Mr. Dibble

 

RESOLUTION NO. 22-09

 

APPOINTMENT OF TWO NEW MEMBERS TO COUNTY TRAFFIC SAFETY BOARD

 

Offered by:  Public Safety Committee

 

Pursuant to Local Law No. 2 of 1972

 

            RESOLVED:

 

            1.         That Jimmy Joyce and Shawn Whitney are appointed 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. McCormick

 

RESOLUTION NO. 23-09

 

REAPPOINTMENT OF TWO LEGISLATIVE MEMBERS TO THE

ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD

 

Offered by:  Public Works Committee

 

Pursuant to Soil and Water Conservation District Law §§ 6 and 7

 

            RESOLVED:

 

            1.         That Michael J. McCormick and Theodore L. Hopkins are reappointed to the Allegany County Soil and Water Conservation District Board as Legislative Members with term of office commencing January 1, 2009, and expiring December 31, 2009.

 

            Moved by:  Mr. Fanton                                                                            Adopted:  Voice Vote

            Seconded by:  Mr. Reynolds

 

RESOLUTION NO. 24-09

 

APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT AND REAPPOINTMENT OF REPRESENTATIVES TO

ALLEGANY COUNTY DEVELOPMENT ADVISORY BOARD

 

Offered by:  Ways and Means Committee

 

Pursuant to Local Law No. 2 of 1985

 

           


            RESOLVED:

 

            1.         That the appointment by the Chairman of this Board of the following individuals to serve as representatives to and members of the Allegany County Development Advisory Board are approved:  Deborah Clark, Education representative; Gretchen Gary, Agriculture representative; John Corneby, Forests representative; Craig Braack, Recreation/Tourism representative; Raymond DeTine, Barbara Deming and Steve Havey, Industry representatives; Frederic Marks, Utilities representative; William Hart, Small Business representative; Linda Clayson, Banking representative; William Shuler, Real Estate representative; Fred Sinclair,  Zena Andrus and Gretchen Hanchett, At Large representatives.

 

            Moved by:  Mr. Reynolds                                                                        Adopted:  Voice Vote

            Seconded by:  Mr. Hall

 

RESOLUTION NO. 25-09

 

REAPPOINTMENT OF MEMBERS TO THE ALLEGANY COUNTY PLANNING BOARD

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That each of the following persons are appointed to the Allegany County Planning Board, with term of office for each commencing January 1, 2009, and expiring as set forth below:

 

            Robert Ellis                            Belmont, New York                           December 31, 2011

            Wendall Brown                      Scio, New York                                  December 31, 2011

            James E. Ninos                     Alfred, New York                               December 31, 2011

            Kevin LaForge                      Wellsville, New York              December 31, 2011

           

            2.         That Brent L. Reynolds, Chairman of the Ways and Means Committee of this Board; David Roeske, Superintendent of Public Works; and Terri L. Ross, Allegany County Treasurer are appointed ex-officio members of the Allegany County Planning Board with term of office to commence January 1, 2009, and expire December 31, 2009.

 

            Moved by:  Mr. Reynolds                                                                        Adopted:  Voice Vote

            Seconded by:  Mr. Pullen

 

 

            RESOLUTION INTRO. NO. 29-09 (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) was TABLED following a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried.

 

 

            A motion was made by Legislator O’Grady and seconded by Legislator Burdick to TABLE Resolution Intro. No. 30-09 (Approval of Agreement with Simonsen Enterprises in Relation to Deer Carcass Removal Services; Authorizing Board Chairman to Execute Agreement).  The motion was defeated on a roll call vote of 7 Ayes, 6 Noes, 2 Absent (Absentees were counted as Noes).  Voting No:  Crandall, Dibble, Fanton, Reynolds, Russo, Ungermann, and Absentees were Benson and Truax.

 

RESOLUTION NO. 26-09

 

APPROVAL OF AGREEMENT WITH SIMONSEN ENTERPRISES IN RELATION TO

DEER CARCASS REMOVAL SERVICES;

AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENT

 

Offered by:  Public Works Committee

 

            RESOLVED:

 

            1.         That Agreement between the County of Allegany and Simonsen Enterprises in relation to Deer Carcass Removal Services for the period January 1, 2009 to December 31, 2013, is approved.

 

            2.         That the Chairman of this Board is authorized to execute the Agreement.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              10 Ayes, 3 Noes, 2 Absent

                                                                                                    Voting No:  Burdick, Kruger, O’Grady

 

(Memo: The contract approved by Resolution No. 26-09 is for a five-year period and includes a charge of $32.50 per pickup, with the total payment not to exceed $10,000 per year.)

 

Comments made regarding Resolution No. 26-09:  Mr. O’Grady questioned whether the wording included in the contract regarding cancellation would need to be changed or clarified to cover the County in the event of inability to pay in one of the succeeding years of the five-year contract.  County Attorney Tom Miner responded that it may need some clarity.  He felt that it would be fairly easy to extricate ourselves from it, but without having the contract in front of him, couldn’t say for sure.  Mr. O’Grady felt the matter should be tabled until the next meeting, but the motion failed (see action above).

 

AUDITS:

 

            A motion was made by Legislator Reynolds, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals.

 

            A motion was made by Legislator Reynolds, seconded by Legislator Hopkins and adopted on a roll call vote of 13 Ayes, 0 Noes, 2 Absent, that the audit of claims, totaling $1,753,812.51 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 $520,308.)

 

ADJOURNMENT:  The meeting was adjourned at 3:00 p.m. on a motion made by Legislator Dibble, seconded by Legislator Kruger and carried.