ALLEGANY COUNTY BOARD OF LEGISLATORS

ORGANIZATION MEETING

 JANUARY 5, 2009

 

** APPROVED **


 

            The organization meeting of the Board of Legislators was called to order at 2:00 p.m. by Clerk of the Board Brenda Rigby Riehle. 

 

PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge was led by US Army Specialist Joshua Morton.

 

INVOCATION:  Legislator Pullen.

 

ROLL CALL:  15 Present; 0 Absent.

 

RESOLUTIONS:

 

RESOLUTION NO. 1-09

 

REAPPOINTMENT OF LEGISLATOR CURTIS W. CRANDALL TO

CHAIRMANSHIP OF BOARD OF LEGISLATORS;

AUTHORITY TO DETERMINE NUMBER OF BOARD MEMBERS ON COMMITTEES

 

Offered by:  Legislator Theodore Hopkins

 

Pursuant to County Law § 450

 

            RESOLVED:

 

            1.         That Legislator Curtis W. Crandall is reappointed Chairman of this Board of Legislators, with term of office commencing immediately and expiring December 31, 2009.

 

            2.         That said Chairman is authorized to determine the number of Board members to serve on each of the standing and special committees of this Board which have been or may be established by this Board.

 

            Moved by:  Mr. Hopkins                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. Pullen                                                                             Opposed:  Kruger

 

OATH OF OFFICE ADMINISTERED:

 

            Judge James Euken administered the Oath of Office to Chairman Curtis W. Crandall, who was accompanied by his wife, Cathy, following adoption of Resolution No. 1-09.  Chairman Crandall assumed leadership of the meeting.

 


RESOLUTION NO. 2-09

 

APPOINTMENT OF VICE CHAIRMAN

 

Offered by:  Legislator William M. Hall

 

Pursuant to Rule 70 of County Board Rules as enacted by Resolution No. 77-89

 

            RESOLVED:

 

            1.         That Legislator Brent L. Reynolds is appointed Vice Chairman of this Board of Legislators to act pursuant to, and during the designated time periods specified in, County Board Rules.

 

            Moved by:  Mr. Hall                                                                                 Adopted:  Voice Vote

            Seconded by:  Mr. Fanton

 

OATHS OF OFFICE ADMINISTERED:

 

            Judge James Euken administered the Oath of Office to Vice Chairman Brent Reynolds, who was accompanied by his daughter, Kalee, following adoption of Resolution No. 2-09.

 

            Judge Euken administered the Oath of Office to Election Commissioner Elaine Herdman, who was accompanied by her grandson, Wyatt Herdman.

 

RESOLUTION NO. 3-09

 

RESOLUTION DIRECTING THE SEQRA REVIEW OF THE COURT FACILITIES PLAN AND COUNTY OFFICE NEEDS PLAN

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That pursuant to the New York State Environmental Quality Review Act Allegany County shall undertake an environmental review of the proposed court facilities/county office needs project.

 

            2.         That Allegany County shall act as lead agency in conducting the environmental review.

 

            3.         That the Allegany County Administrator is directed to prepare the appropriate Environmental Assessment Form for consideration and action of the entire Board of Legislators.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              12 Ayes, 3 Noes, 0 Absent

                                                                                                  Voting No:  Kruger, Truax, Ungermann

 

APPOINTMENTS:

 

            The Clerk of the Board announced that Chairman Crandall has made the following appointments:

 

CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD (Appointed jointly with Crystal Abers, Chairman of the Cattaraugus County Legislature, for a three-year term expiring December 31, 2011):

                        John Stevens             Chris Napoleon

                        Kathleen Premo                    Phil Ghent

                        Cesar Cabrera                      Mike Hendrix

 

CORNELL UNIVERSITY COOPERATIVE EXTENSION OF ALLEGANY COUNTY, LEGISLATIVE REPRESENTATIVE MEMBER (Recommendation by Chairman Crandall to their Board of Directors, for a one-year term):

            David T. Pullen, Fillmore

 

COMPREHENSIVE PLAN IMPLEMENTATION GROUP (To serve at the pleasure of the Chairman, pursuant to Resolution No. 125-08):

                        Charles Jessup, Alfred Station

                        Frederick Sinclair, Scio

                        Edward Eicher, Wellsville

                        Lee Gridley, Wellsville

                        Theodore L. Hopkins, Fillmore

                        Ronald Stuck, Friendship

                 Ex-Officio Members:

                                    Curtis W. Crandall, Chairman of the Board

                                    John E. Margeson, County Administrator

                                    John E. Foels, Development Director

 

CROSSROADS DEVELOPMENT ADVISORY COMMITTEE (To serve at the pleasure of the Chairman):

                        Curtis W. Crandall, Chairman of the Board

                        Brent L. Reynolds, Chairman of Ways and Means Committee

                        John E. Margeson, County Administrator

                        Thomas A. Miner, County Attorney

                        Charles Jessup, Chairman of IDA

                 Ex-Officio Members:

                                    John E. Foels, Development Director/IDA Director

                                    David Roeske, Superintendent of Public Works

                                    Daniel A. Spitzer, Attorney for the IDA

 

EMERGENCY INTERIM SUCCESSOR (To serve at the pleasure of the Chairman):

                        William M. Hall, Alfred

 

OFFICE OF EMERGENCY SERVICES, DIRECTOR (To serve at the pleasure of the Chairman, in accordance with the provisions of applicable law):

                        John C. Tucker, Belmont

 

FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY ADMINISTRATIVE BOARD (To serve at the pleasure of the Chairman, pursuant to Local Law No. 2-94.  Ronald Truax, as an officer of Allegany County government, will serve as Chairman of the Friendship Empire Zone of Allegany County Administrative Board):

                        Jody Collins, Cuba                            Robert C. Ellis, Belmont

                        Darwin Fanton, Wellsville                 Marcia Habberfield, Scio

                        Kevin LaForge, Wellsville                Jerry Scott, Cuba

                        Ronald Stuck, Friendship                 Ronald Truax, Cuba

                        Deborah Clark, Wellsville                 Michael J. Doyle, Cuba

                        William Zacher, Friendship              Susan F. Myers, Friendship

 

INTER-COUNTY ASSOCIATION OF COUNTY LEGISLATIVE BODIES OF WESTERN NEW YORK, INC. (To serve at the pleasure of the Chairman):

                 Voting Members:

            Glenn R. Benson, Whitesville

            William G. Dibble, Little Genesee

            Brenda Rigby Riehle, Belmont

                 Alternate Voting Members:

            Timothy O’Grady, Wellsville

                        David T. Pullen, Fillmore

 

MERCY FLIGHT CIVIC ADVISORY COMMITTEE (To serve at the pleasure of the Chairman):

            Christine Johnson, Angelica

 

REGION 9 OPEN SPACE ADVISORY COMMITTEE (To serve at the pleasure of the Chairman):

                        H. Kier Dirlam, Angelica

 

RESOURCE, CONSERVATION AND DEVELOPMENT BOARD (To serve at the pleasure of the Chairman):

                 County Representative Member:

                        Gretchen T. Gary, Belfast

                                    County Alternate:  Ronald A. Stuck, Friendship

                 Legislative Member:

                        Norman G. Ungermann, Jr., Cuba

                 Member at Large:

                        Thomas Parmenter, Fillmore

 

SOLID WASTE HEARING BOARD (To serve at the pleasure of the Chairman, pursuant to Resolution No. 211-04 and Local Law No. 3-04):

                        Dwight R. Fanton, Chairman of Public Works Committee

                        Daniel Russo, District IV Legislator

                        William G. Dibble, District III Legislator

                 Alternates:

                                    Michael J. McCormick, District IV Legislator

                                    Douglas D. Burdick, District V Legislator

 

SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED (STOP DWI), COORDINATOR (To serve at the pleasure of the Chairman, pursuant to Vehicle and Traffic Law Section 1197 and Resolution No. 29-82):

                        Deborah Aumick, Rushford

 

ALLEGANY COUNTY TRANSPORTATION TASK FORCE (To serve at the pleasure of the Chairman):

                        William G. Dibble, Little Genesee

                        William M. Hall, Alfred

 

 

            The Clerk of the Board announced that Chairman Crandall has made the following appointments, all of which are subject to confirmation by the Board of Legislators:

 

CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING (Three-year term expiring December 31, 2011):

                        Nancy Rouse, Scio

                        Robert Riber, Alfred Station

 

ALLEGANY COUNTY PLANNING BOARD (Three-year term expiring December 31, 2011):

                 District II:

                        Robert Ellis, Belmont

                 District III:

                        Wendall Brown, Scio

                 District IV:

                        Kevin LaForge, Wellsville

                 District V:

                        James E. Ninos, Alfred

                 Ex-Officio Members (Annual Appointment):

                                    David Roeske, Superintendent of Public Works, Wellsville

                                    Terri L. Ross, County Treasurer, Angelica

                                    Brent L. Reynolds, Ways & Means Committee Chairman, Alfred Station

 

VETERANS’ SERVICE AGENCY, DIRECTOR:

                        Harvey Scott Spillane, Wellsville

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

            1.         Communication was received from the Republican Party members of the Allegany County Board of Legislators recommending that William G. Dibble, District III Legislator, be designated by the Chairman of said Board as Majority Leader for 2009.

 

            2.         Communication was received from the Democratic Party member of the Allegany County Board of Legislators recommending that Michael J. McCormick, District IV Legislator, be designated by the Chairman of said Board as Minority Leader for 2009.

 

            3.         Notice was given that any legislator wishing to attend the NYSAC Conference in Albany from February 9 through 11 should notify the Clerk of the Board as soon as possible.

 

            4.         There will be a special Committee of the Whole meeting at 1:30 p.m. on Monday, January 12, 2009, for the purpose of conducting a SEQR Environmental Review relative to the Court Facilities Project.

 

CHAIRMAN’S STATEMENT:

 

“I would like to start my message by humbly thanking my colleagues for selecting me as Chairman of the Allegany County Board of Legislators.  It is both an honor and a privilege to serve in this capacity, and it is a position that I accept with utmost sincerity.  Once again, I promise to do all I can to help this Board of Legislators not just meet, but exceed the responsibilities each of us pledged when we took office.  It is a pleasure to serve and work with each member of this Board.

 

On behalf of the Allegany County Board of Legislators, there are some thanks and acknowledgements due.

 

I would like to thank our County Administrator John Margeson for the overall management of County operations, and Clerk of the Board Brenda Riehle for her organizational skills in helping us prepare, conduct, and record our Legislative meetings, along with her able staff.

 

I would also like to acknowledge and thank all Department Heads and County Employees for their dedication and expertise in meeting the constant demands and challenges of County government.  The responsibility of delivering the proper human services, public safety, infrastructure, health, and cultural needs to our citizens, not to mention addressing the mandated demands that are placed on us and balancing these needs in a budget conscious manner for Allegany County residents, is no small task.  You handle this responsibility very well.

 

Acknowledgment and appreciation is also due to all of the citizens who travel, meet, volunteer, and lend their expertise and assistance on a regular basis to our advisory boards, committees, councils, and just plain help out.  Hundreds of Allegany County’s finest people devote themselves to causes that help make our community a better place to live.  I sincerely thank all our volunteers.  This appreciation and thank you would also extend to the men and women in our Volunteer Fire and Rescue units.  Nothing could be said to properly express our sincere appreciation for your service.

 

To our elected officials, not only in County government, but also our representatives on the state and federal level, thank you for your efforts and what you do for Allegany County as well.

 

Here we are, starting our fourth year together, the last year before the whole Board once again participates in the election process, a process in which the citizens of the County are asked to do their civic duty and elect the next Board of Legislators.  Some of us will choose not to run for another term, others will gladly enter the race.  As we begin the last leg of this four-year term, I would like to reflect on a few projects and challenges this Board has, and is, dealing with, and see where we stand.  To only report on what has happened in 2008 and project into 2009 and not look at our full term, I believe would be difficult, and not give an accurate picture.

 

In year one together, 2006, we were honored to be sitting in these seats as Allegany County celebrated our bicentennial, an easy and rewarding task, a true historical event in which we were able to take part in the many festivities with our friends and neighbors.  This was a pleasurable and less intimidating responsibility than some others that would soon come along.

 

That same year, we cut the ribbon and opened the new Jail and Public Safety Facility.  This project was initiated before two-thirds of this Board took office, but we were the first Board charged with the operation of the facility, a project that has proven to go as planned, with revenues from housing-in prisoners covering the cost of the debt service of $1.6 million annually for the facility.  This has been achieved under the fine leadership of Sheriff William Tompkins, who also took office in 2006, and the able staff under his command.  The Sheriff has recently added some hands-on programs, which shed some proactive, positive publicity on Allegany County with his Inmate Gardening Program and Inmate Pheasant Release Program.  Thank you, Sheriff Tompkins.

 

Medicaid’s local share was “capped” at $8.5 million.  It still grows, but at a lesser rate, and is now over $9 million for 2009.  It remains a major player in our local tax effort and a subject that still weighs heavily between the counties and New York State.

 

Our first year marked the year that the finances for the County had truly ended with a fund balance that put us in the black and brought us out of the budget deficits the County had seen in the past.  Allegany County had reached a deficit of close to $4 million a couple years before we took office, and the deficit was at $900,000 when we began in 2006.

 

Today, by keeping the financial plan on track and by working and monitoring the budget year-round, our fund balance is close to $3 million to the good, and it appears that when the books are closed and audited for 2008, we will once again end the year in the black and add to those fund balances.  The County Treasurer Terri Ross is to be commended with her ongoing efforts in helping the Budget Committee monitor and understand our financials and anticipate the proper moves and adjustments to make.  This monitoring will be more important than ever in 2009 as we face the yet unknown financial impact from New York State and the federal government.

 

The New York State Executive Budget from Governor Paterson has two parts.  The first calls for a $1.7 billion deficit reduction in the 2008-2009 budget.  The Governor is asking the State Legislature to close this gap by February 1 of this year, and has laid out plans on how he feels this can be accomplished.

 

The second part of Governor Paterson’s plan forecasts a $13.7 billion deficit for the 2009–2010 state budget, and the Governor is asking the Legislature to address this by March 1 of this year.  To do this he is proposing $9.5 billion in cuts and $4.9 billion in revenue actions.

 

The Governor is only part of the financial equation of the budget in New York State; the other factors are the Assembly and the Senate.  However this plays out, it is certain to have an impact on Allegany County and the services we provide.  The common cry from counties across New York to Albany, and one that I share, is, Do not just reduce state funding to programs that we are required to provide and shift the tax burden to the local level; New York needs to take a serious look at the programs.  To plagiarize a phrase from a NYSAC (New York State Association of Counties) meeting in Niagara Falls this past fall, that is quite meaningful when you stop and think about it, I quote, “New York State cannot afford to let a good financial crisis go to waste.”  In other words, New York, let’s take advantage of the financial times and reduce state government, which surely would trickle down to the local level.  Bring New York into line with other states and let’s be competitive.

 

We had barely begun our term in office together when we received a visit from the Office of Court Administration and their “fix it or else” message of June 2006.  Having to concentrate efforts in complying with requirements laid out in state legislation back in 1987 under the Court Facilities Plan Act, since it had not been properly addressed before our term began, has been a challenge and frustrating to say the least.  Our Board Rules were changed and a special committee was established to devote the proper time and resources necessary for this project.  I have made clear my position on the subject, and in the near future, I hope that this requirement can be put behind us and equal effort can be spent on other ventures.  When the roll-call vote is taken to fund this project, I remain confident that this Board of Legislators will make the right decision.  Like other major projects Allegany County has dealt with, this will be behind us, and will be another benchmark in the timeline of our County’s history.  An interesting twist to this project may be the stimulus-funding program that is being worked on.  Could this project qualify?  We will see.

 

Looking on the brighter side of the Court Facilities and Space Needs Committee and the “silver lining” (pun intended) to some of their work is the plan to improve the physical location and workspace needs of the Office for the Aging.  After looking at several options, the committee has laid out plans to increase accessibility to this department, along with our Veterans’ Service Agency, in anticipation of, and just in time for, the much-publicized “Baby Boom Wave” of retirees.  Kim Toot, Director of the Office for the Aging, and her staff have done well with what they have had, and we all look forward to the new, and past due, improvements to this department and the benefits they will have on our Seniors and Veterans.

 

Another looming issue to deal with, whose time is limited, is our Landfill.  This will soon be full and alternative methods are needed now.  Our Public Works Department has done an excellent job in outlining and narrowing down our options.  The time for hard decisions has come, and I feel these decisions should be shouldered by this Board, and not let them carry over to the next.

 

Sustainable Economic Development Projects.  At our first official meeting, the Organization Meeting of 2006, I stated Economic Development as a goal I had for this Board.  I am proud to say that in a couple of short years, and despite efforts being focused on other unplanned, mandated projects, this development friendly Board has made strides that others, who have served before us, just talked about.

 

Each member of this Board of Legislators is to be commended for his part in the adoption of Allegany County’s first Comprehensive Plan in 2008. Under the able direction of Charles Jessup, the Comprehensive Plan Committee delivered a collective vision for the development of Allegany County, not only in record time, but also on a shoestring budget.  The quality of the plan can be compared to, and stand up to, plans that cost hundreds of thousands of dollars.

 

A plan that sits on a shelf in a three-ring binder, and is not utilized, is worthless; therefore, after the adoption of the plan, the Board authorized the Allegany County Comprehensive Plan Implementation Group to jump-start the plan.

 

Some of the goals outlined in the Comprehensive Plan were implemented and under way before the plan was officially adopted, such as the successful launch of the Greater Allegany County Chamber of Commerce.  The new County-wide Chamber has a complete board of directors and full slate of officers, with Brian Loucks as President.  This will give us County-wide focus for the business community.  We certainly wish the Chamber well, and as the Board of Legislators, we should do all we can to promote this organization and contribute to their success.

 

To address public transportation for Allegany County, the Transportation Task Force was created to completely review and restructure important components of this service so it properly meets the needs of our citizens in a fiscally responsible manner.

 

In 2006, when we began, development of what is known as the Crossroads Project was in its early talking stage.  This Board has taken the project to “shovel ready” with engineering and municipal agreements in place and lacking only the funds needed and official approval to proceed.  I would like to thank the Town of Friendship for their shared vision and partnership on this project.  An interesting footnote may be able to be added to the history of this project as well.  “Shovel-ready, sustainable, economic development projects” is a term used to describe the type of projects the proposed “Stimulus Package” is looking for.  Is Allegany County at the right time and place for a financial break in the way of development?  Time will tell on this also.

 

There is so much going on in the way of economic development and yet so much to do.  Main Street Redevelopment Projects are going on around the County, with Belmont’s Fountain Arts Project, Cuba’s “Restore New York” grant for the Keller Theater, Wellsville’s surging Creative Arts Center, and the huge investment made in the restoration of Howe Library.

 

In Angelica a large investment in green energy was made with the landfill/methane electrical generation plant now tied into the electrical grid.

 

We have seen continued investment and steady employment within our collective business sectors.  Alstom Power has completed their $20 million expansion and has exceeded their projected new employment objectives.  Friendship Dairies, now part of Dean Foods of Dallas, Texas, embarked on a multi-million dollar expansion and is also creating new employment opportunities.

 

I am in constant contact with Director of Development John Foels, and I wish to thank John for the work he does.  Many times this is a behind-the-scenes position with front-page results, and the work being done today may not show up and be news for several months or years to come.

 

The work being done at the quote, “new,” Crossroads Development Center should be acknowledged.  The acquisition of the facility by the IDA along with the support necessary by the Houghton Foundation is why I use the term “new.” 

 

Since the purchase, IDA has begun plans for the first phase of expansion, which includes room for Senior and Veterans’ Services that I referenced earlier, in addition to its existing one-stop center for business services, which now includes the Southern Tier Office for Empire State Development.  To have an office of Empire State Development located within our County is truly a great asset.  This is New York State’s lead economic development agency whose mission is to start-up, re-locate, expand, and retain business in New York.

 

I remain confident and optimistic for the future of Allegany County.

 

I will close with a comment I made in 2007, since this has been a blend of both looking back and looking forward, and I believe it to be an accurate statement, maybe more so today than in 2007.  The statement is this: Our terms as legislators will certainly add an interesting chapter to the history book of Allegany County; it will be a good, positive chapter.  This Board of Legislators has been handed some major issues and events to deal with.  I believe it was for a reason – because we can deal with them.

 

Thank You.”

 

Curt Crandall, Chairman

Allegany County Board of Legislators

 

            Chairman Crandall distributed copies of his assignments to the STANDING COMMITTEES OF THE BOARD OF LEGISLATORS.  (Assignments are as follows; Chairmen and Vice Chairmen are listed first):

 

            COURT FACILITIES AND COUNTY SPACE NEEDS:

                        Pullen, Hall, Benson, Fanton, Hopkins, O’Grady

            HUMAN SERVICES:

                        Truax, Russo, Burdick, Dibble, Kruger, Reynolds

            PERSONNEL:

                        Hall, Burdick, Benson, Fanton, Pullen, Russo, Ungermann

NEGOTIATIONS AD HOC (Sub-Committee of Personnel; Liaison between the County’s negotiating team and the Personnel Committee):

                        Pullen, O’Grady, Russo

            PUBLIC SAFETY:

                        Dibble, Benson, Burdick, Kruger, McCormick, Reynolds

            PUBLIC WORKS:

                        Fanton, O’Grady, Hopkins, McCormick, Reynolds, Ungermann

            WAYS & MEANS:

                        Reynolds, Hopkins, Dibble, Fanton, Hall, McCormick, Pullen, Truax

            BUDGET (Sub-Committee of Ways & Means):

                        Hopkins, Fanton, Dibble, Hall, O’Grady

 

 

CHAIRMAN’S PRESENTATION OF CERTIFICATE:

 

            Chairman Crandall requested that Specialist 4 Joshua Morton, Medic, United States Army, come forward for a presentation.  Josh is a 2003 graduate of Belfast School.  He went to boot camp at Fort Leonard Wood, Missouri; completed Advanced Training as a combat medic at Fort Sam Houston, Texas; was deployed to both Germany and Irag; and will soon be headed for Redstone Arsenal, Alabama.  The Chairman has decided to implement a program to honor Allegany County veterans by inviting them to lead in the Pledge of Allegiance at some of the Board meetings.  He knew that Josh Morton was home on leave and felt this was a good way to start the program.  Chairman Crandall questioned if we ever stop to think about all of the privileges we have while reciting the Pledge.  That’s why he asked Josh to come in to participate; not so much for Josh, but for what he represents.  Josh represents a cross-section of young men and women serving their country so that we can have the privileges of being able to meet like this, to say the Pledge of Allegiance, and to participate in the process of government.  Chairman Crandall presented Josh with a certificate of appreciation and an Allegany County pin, and he ended the presentation with a recording on the American Flag by Johnny Cash.

 

ADJOURNMENT:  The meeting was adjourned at 2:40 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Hall and carried.