ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

JULY 22, 2009

 

** APPROVED **

CALL TO ORDER:  The regular meeting of the Board of Legislators, which was held at the Allegany County Fairgrounds, was called to order at 2:05 p.m. by Chairman Curtis W. Crandall.

 

PLEDGE OF ALLEGIANCE TO THE FLAG:  The Pledge of Allegiance was led by members of a Color Guard from the Wellsville American Legion.

 

INVOCATION:  The Invocation was given by Legislator Pullen.

 

ROLL CALL:  14 Present; 1 Absent (Legislator O’Grady).

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall read a proclamation designating August 1 as Jason Dunham Day in Allegany County, and American Legion Post 702 member Fred McGee presented Jason’s parents, Dan and Deb Dunham, with a plaque.  Representatives from several area veterans’ groups were also in attendance to honor United States Marine Corporal Jason Dunham’s memory and to commemorate the fact that the United States Navy will be naming their newest Arleigh Burke class guided missile destroyer after the fallen Marine hero.  A special ceremony dedicating the war ship, the USS Jason Dunham DDG 109, will be conducted in Bath, Maine on August 1, 2009.   Corporal Dunham was awarded the Medal of Honor for his actions in Operation Iraqi Freedom on April 14, 2004, when he threw himself on top of a live grenade to save the lives of his fellow Marines, sacrificing his life on behalf of our nation in the global war on terror.

 

            Chairman Crandall presented a plaque to the Allegany County Agricultural Society in recognition of the 165th Allegany County Fair and their dedication to agriculture and tourism.  Fair Board President Martha Roberts accepted the plaque and expressed her thanks to everyone who helps to make the County Fair a success.  A special “thanks” was extended to Senator Catharine Young for all the assistance received from her office.  Mrs. Roberts spoke briefly on recent renovations on the Grandstands and Mini-Theater.

 

            Chairman Crandall presented a certificate to James and Linda Makowski in recognition of their contributions to the Allegany County Fair.  The 2009 Fair and Fair Book were dedicated to the Makowskis.

 

            Chairman Crandall presented a certificate to Aaron Santangelo in recognition of his receiving the New York State Association of Agricultural Fairs and New York State Showpeople’s Association Annual Scholarship.  Aaron spoke about the effects and influence FFA and 4-H programs have on youth in Allegany County.

 

            United States Congressman Eric Massa was represented by Phillip Quinlan, who spoke briefly on the challenging times for farmers.

 

            New York State Senator Catharine Young recognized Martha Roberts and the Fair Board for their efforts in making the Fair a success.  Senator Young thanked Dan and Deb Dunham for sharing their son’s memory and expressed her appreciation for all he did for our country.  The Senator spoke briefly about the first resolution on the Board’s agenda for this meeting, (Resolution Opposing NYS Senate Bill S.2247, the Farmworker Fair Labor Practices Act).  Agriculture is struggling in New York State, and there are over one hundred new taxes included in the budget this year.  Senator Young felt the results would be disastrous if this bill passes, as it will put a lot of farmers out of business.

 

            New York State Assemblyman Daniel Burling was represented by Kate Hollis, who extended Assemblyman Burling’s regrets for not being able to attend the meeting, and relayed that he was in hopes that holding a Board meeting at the County Fair would become an annual event.

 

            Special Counsel for the Attorney General’s Office Letizia Taliafierro spoke about their Outreach Program, and she offered an invitation to take advantage of the services they provide.  The Attorney General’s Outreach staff has made presentations for Allegany County residents on important issues, for example:  oil and gas lease meetings held in Wellsville and identity theft information meetings for veterans and senior citizens.  Future meetings are being planned on “knowing your contractors.”

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

Copies of the following were placed on each Legislator’s desk:

 

            1.         August 2009 Calendar of Board and Standing Committee meeting dates.

 

The following communications were also acknowledged:

 

            1.         The County Treasurer filed Certificates of Withdrawal of Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law in the Clerk of the Board’s Office on July 17, 2009.

 

            2.         Notification that the NYSAC Fall Conference will be held in Saratoga Springs from September 16 to 18, 2009.  Anyone planning to attend should notify the Clerk of the Board by August 5, 2009.

 

            3.         NYS Department of Public Service Notice of Intent of Pennsylvania General Energy Company to construct a natural gas pipeline in the Town of Willing.

 

            4.         Notice of Summer Youth Employment Program 2009 Open House at the Belmont BOCES Work Projects on July 29 from 1 to 3:15 p.m.  All Legislators are invited to attend.

 

            5.         Notice of Greater Allegany County Chamber of Commerce Business After Hours Gathering at Pollywogg Holler on July 23 from 5:30 to 8 p.m.

 

            6.         News Release received from Southern Tier West Regional Planning & Development Board regarding their July 16 Board meeting.

 

            7.         Reminder of the Legislators’ Clambake on July 31:  Money and any remaining tickets should be turned in to the Clerk of the Board’s Office as soon as possible.

 

            8.         Invitation for the Senior Picnic, hosted by the Office for the Aging, to be held on July 30, with a rain date of July 31, at the Allegany County Fairgrounds in Angelica.

 

PROCLAMATION:

 

            (Chairman Crandall’s proclamation declaring August 1, 2009 as Jason Dunham Day in Allegany County was presented earlier in the meeting.)

 

RESOLUTIONS:

 

RESOLUTION NO. 118-09

 

RESOLUTION OPPOSING NEW YORK STATE SENATE BILL S2247,

THE FARMWORKER FAIR LABOR PRACTICES ACT

 

Offered by:  Ways and Means Committee

 

            WHEREAS, Agriculture is a vital economic activity in New York State and Allegany County, and

 

            WHEREAS, the Dairy Industry and its related business are essential to New York State and Allegany County financial stability, and

 

            WHEREAS, the current price of milk is causing severe hardship for all of New York State and Allegany County Dairy Farmers, and         

 

            WHEREAS, New York State Senate Bill S2247, The Farmworker Fair Labor Practices Act, would further increase cost to the New York State Agriculture Industry, and

 

            WHEREAS, it would make New York State and Allegany County Agriculture less competitive in both the Domestic and Foreign Markets, and

 

            WHEREAS, New York State and Federal Laws already provide adequate Farm Worker Protection, now, therefore be it

 

            RESOLVED:

 

            1.         That the Allegany County Board of Legislators opposes the passage of New York State Senate Bill S2247, The Farmworker Fair Labor Practices Act.

 

            2.         That the Clerk of this Board is directed to send a certified copy of this resolution to appropriate State Officials.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                                 13 Ayes, 1 No, 1 Absent

                                                                                                                           Voting No:  McCormick

 

Comments made regarding Resolution No. 118-09 included: 

 

Legislator Ungermann opposed the referenced bill, because it should be a federal issue.  If the federal government wanted to pass legislation so everyone was in the same boat, it would be much fairer.  The bill encourages more foreign purchases and drives up costs. 

 

Legislator McCormick stated that he is pro-farm, but the argument is not on the farmer, it’s on the farmworker.  Opposing the bill will deny the worker overtime pay and disability insurance.

 

Legislator Hopkins responded that in opposing the proposed legislation, we are not denying overtime and disability insurance; it is up to the farmer to offer it.  Employees are told up-front what they will be receiving when they are hired.  This bill is just another way the government is telling us what we have to do.  Mr. Hopkins noted that he has never seen milk prices this low compared to operating costs.  The bill will put New York State at a competitive disadvantage with other states and will have a devastating effect on our County.

 

RESOLUTION NO. 119-09

 

DESIGNATING THE WELLSVILLE DAILY REPORTER AS SOLE OFFICIAL NEWSPAPER

FOR THE PERIOD AUGUST 2, 2009 TO AUGUST 8, 2009

 

Offered by:  Ways and Means Committee

 

            WHEREAS, the Clerk of this Board was informed that the Cuba Patriot & Free Press, one of the official newspapers, will not be publishing during the period of August 2, 2009 to August 8, 2009, now, therefore, be it

 

            RESOLVED:

 

            1.         Notwithstanding the provisions of Section 1 of Resolution No. 8-2009, the newspaper The Wellsville Daily Reporter is designated as the sole official newspaper to publish local laws, notices and other matters required by law to be published during the period of August 2, 2009 to August 8, 2009.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

            Seconded by:  Mr. Russo                                                              14 Ayes, 0 Noes, 1 Absent

 

RESOLUTION NO. 120-09

 

ABOLISHING NINETEEN POSITIONS IN THE DEPARTMENT OF HEALTH

DUE TO THE SALE OF THE CERTIFIED HOME HEALTH CARE AGENCY AND

LONG TERM PROGRAMS

 

Offered by:  Human Services Committee

 

            WHEREAS, due to the sale of the Certified Home Health Care Agency and Long Term Programs it is necessary to abolish nineteen positions in the Allegany County Department of Health, now, therefore, be it

 

            RESOLVED:

 

            1.         That the following positions are abolished in the Allegany County Department of Health:  two positions of Supervising Public Health Nurse; four positions of Registered Nurse; ten positions of Public Health Nurse; two positions of Medical Records Computer Operator; and one position of Account Clerk Typist.

 

            2.         This resolution shall take effect immediately.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              14 Ayes, 0 Noes, 1 Absent

 

Comments made regarding Resolution No. 120-09 included:  Legislator Ungermann questioned what portion of the 2008 year-end surplus could be attributed to the sale of the Home Health Care Program.  County Administrator John Margeson replied that it was an estimated 13 percent or $1.2 million, and it was a one-time surplus.

 

RESOLUTION NO. 121-09

 

CHANGING ACCOUNT CLERK TYPIST POSITION IN HEALTH DEPARTMENT CHILDREN WITH SPECIAL NEEDS DIVISION FROM FULL-TIME TO PART-TIME

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That the position of Account Clerk Typist in the Health Department Children with Special Needs Division is changed from full-time to part-time.

 

            2.         This resolution shall take effect immediately.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Dibble                                                             14 Ayes, 0 Noes, 1 Absent

 

RESOLUTION NO. 122-09

 

APPOINTMENT OF ONE COUNTY FARM BUREAU APPOINTEE 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 Phil May is appointed to the Allegany County Soil and Water Conservation District Board, as County Farm Bureau Appointee, to fill the vacancy due to the resignation of Mark Bainbridge, commencing July 1, 2009 and expiring December 31, 2009.

 

            Moved by:  Mr. Fanton                                                                            Adopted:  Voice Vote

            Seconded by:  Mr. Hopkins

 

RESOLUTION NO. 123-09

 

A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR

STATE ASSISTANCE FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW)

STATE ASSISTANCE PROGRAM AND AUTHORIZING SIGNING OF

THE ASSOCIATED STATE CONTRACT UNDER THE APPROPRIATE LAWS OF

NEW YORK STATE

 

Offered by:  Public Works Committee

 

            WHEREAS, the State of New York provides financial aid for household hazardous waste programs, and

 

            WHEREAS, the County of Allegany herein called the Municipality, has examined and duly considered the applicable laws of the State of New York and the Municipality deems it to be in the public interest and benefit to file an application under these laws, and

 

            WHEREAS, it is necessary that a Contract by and between the People of the State of New York, herein called the State, and the Municipality be executed for such state aid, now, therefore, be it

 

            RESOLVED:

 

            1.         That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.

 

            2.         That the Chairman of the Board or his designee is directed and authorized as the official representative of the Municipality to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State.

 

            3.         That the Municipality agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs.

 

            4.         That five (5) Certified Copies of this Resolution be prepared and sent to the NYSDEC together with a complete application.

 

            5.         That this resolution shall take effect immediately.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                                  13 Ayes, 1 No, 1 Absent

                                                                                                                                      Voting No:  Truax

 

RESOLUTION NO. 124-09

 

TRANSFER OF FUNDS WITHIN OFA – E.I.S.E.P. ACCOUNTS

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That the sum of $6,400 is transferred as follows:  $5,000 from Account No. A6778.4 to Account No. A6778.1 and $1,400 from Account No. A6778.4 to Account No. A6778.8.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              14 Ayes, 0 Noes, 1 Absent

 

            Resolution Intro. No. 135-09 (Transfer of Funds from Fire Prevention and Control Contractual Expenses Account to Probation Equipment Account) was amended on a motion made by Legislator Dibble, seconded by Legislator Truax and carried, to change the title to “Transfer of Funds within Probation Account.”

 

RESOLUTION NO. 125-09

 

TRANSFER OF FUNDS WITHIN PROBATION ACCOUNT

 

Offered by:  Public Safety Committee

 

            RESOLVED:

 

            1.         That the sum of $7,378 is transferred from Account No. A3140.4 to Account No. A3140.2, to purchase a new server and printer.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                             14 Ayes, 0 Noes, 1 Absent

 

RESOLUTION NO. 126-09

 

APPROVAL OF TRANSPORTATION OF PRESCHOOL CHILDREN WITH

HANDICAPPING CONDITIONS AGREEMENTS WITH

FIFTEEN CENTRAL SCHOOL DISTRICTS AND

AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENTS

 

Offered by:  Human Services Committee

 

            WHEREAS, fifteen central school districts have agreed to provide transportation for County preschool children with handicapping conditions, now, therefore, be it

 

            RESOLVED:

 

            1.         That each Agreement titled “Agreement Concerning the Transportation of Pre-School Children with Handicapping Conditions” for the period July 1, 2009 to June 30, 2010, with the respective Central School Districts of Alfred-Almond, Andover, Arkport, Belfast, Bolivar-Richburg, Canaseraga, Cuba-Rushford, Fillmore, Friendship, Genesee Valley, Pioneer, Portville, Scio, Wellsville, and Whitesville is approved.

 

            2.         The Chairman of this Board is authorized to execute all such Agreements.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Dibble                                                                 13 Ayes, 1 No, 1 Absent

                                                                                                                                   Voting No:  Kruger

 

Comments made regarding Resolution No. 126-09 included:  Legislator Kruger stated that the expenses for this program should be paid by the Education Department and not placed on the backs of the taxpayers.  Legislator Ungermann questioned why the County was involved at all when it should be a local school district issue.  Legislator Pullen noted that it was another example of New York State telling us what to do without providing the funding, but this has proven to be the most cost-effective method of providing the service because the schools are already equipped with the buses and personnel.  Legislator Truax commented that the program is mandated.  This agreement was originally suggested by former District II Legislator Lee Frair and has saved the County millions of dollars over the past sixteen years.

 

RESOLUTION NO. 127-09

 

ACCEPTANCE OF FUNDING FROM THE NEW YORK STATE CRIME VICTIMS BOARD; SETTING SALARY OF CRIME VICTIMS COORDINATOR;

APPROPRIATION OF SAME TO DISTRICT ATTORNEY ACCOUNTS

 

Offered by:  Public Safety, Personnel, and Ways and Means Committees

 

            RESOLVED:

 

            1.         That funding in the amount of $97,989 from the New York State Crime Victims Board for the period October 1, 2009 through September 30, 2012, is accepted.

 

            2.         That the annual appropriation of $32,101 shall be appropriated for 2009 as follows:  $27,500 to Account No. A1165.1 and $4,601 to Account No. A1165.4

 

            3.         That the position of Crime Victims Coordinator shall remain filled only for so long as such position is fully funded by State, Federal, or other grant-in-aid.

 

            4.         That the salary of the Crime Victims Coordinator is set at $27,500 effective October 1, 2009.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Reynolds                                                         14 Ayes, 0 Noes, 1 Absent

 

AUDITS:

 

            A motion was made by Legislator Truax, seconded by Legislator Reynolds 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 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $1,631,689.18 including prepaid expenses, be approved for payment as recommended by the County Administrator (opposed:  Burdick).  (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $4,713,769.)

 

ADJOURNMENT:

 

            The meeting was adjourned at 3:17 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried.