ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

MARCH 23, 2009

** APPROVED **

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CALL TO ORDER: The regular meeting of the Board of Legislators 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 Leon Lobdell, United States Army Air Force 1^st Lieutenant.

INVOCATION: The Invocation was given by Legislator Pullen.

ROLL CALL: 15 Present; 0 Absent.

APPROVAL OF MINUTES:

The Board meeting minutes of March 9, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried.

PUBLIC HEARING:

Chairman Crandall closed the regular meeting to hold a public hearing on the modification and continuation of Agricultural District Number Four within the Towns of Alfred, Andover, Independence, Ward, and Willing. There being no one desiring to speak, the public hearing was declared closed and the Board reconvened in regular session.

PRIVILEGE OF THE FLOOR:

Chairman Crandall took the floor to present a certificate of appreciation to Leon Lobdell, for his service in the United States Army Air Force from December 1942 to October 1945. Chairman Crandall read from a couple of newspaper articles highlighting Mr. Lobdell’s service, including his deployment to England as a navigator on a B-17 bomber and the eleven months he spent in a German prison camp. Among his decorations were the Air Medal, Prisoner of War Medal, ETO Medal with one battle star, WWII Victory Medal, NYS Conspicuous Service Cross, Navigator’s Wings, and Gunner’s Wings. Mr. Lobdell led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.

Chairman Crandall presented a certificate to Probation Director David Sirianni, in recognition of his 32 years of service to Allegany County, from the beginning of his career as a Probation Officer Trainee in 1976 to his retirement at the end of this week. Mr. Sirianni remarked that the past 32 years have been outstanding, working alongside the most dedicated, loyal people, and he felt honored to have served the Board of Legislators.

Chairman Crandall presented a certificate to the April 2009 Employee of the Month, Deborah J. Frost, of the Social Services Department, in recognition of her hard work and dedication to the County.

Privilege of the floor was granted to Office for the Aging Director Kimberley Toot, Social Services Commissioner Patricia Schmelzer, and Veterans’ Service Agency Director H. Scott Spillane to speak in support of Resolution Intro. No. 65-09 approving a lease agreement with the Industrial Development Agency for facilities at the Crossroads Center. Ms. Toot commented that the Office for the Aging has been in its present location since 1976, at which time they had three full-time employees and one part-time employee. Currently there are 14 full-time employees and one part-time employee sharing very cramped quarters. Conditions in the building are very poor, inadequate, and unsafe, and there are no provisions for confidentiality. Everyone agrees that something must be done. Under the NY Connects Program, OFA has been planning for the past three years to provide for a single point of entry for the long-term care services provided by the County. This plan includes co-location of OFA, DSS, and Veterans’ Services staff. They’ve also been working with the Allegany Senior Foundation to develop a center near the building to provide meeting space for wellness, cultural, and educational programs for older adults. A one-stop facility will provide a centralized, accessible place where older people and their caregivers can come to meet privately with workers and be treated with the dignity they deserve.

Social Services Commissioner Patricia Schmelzer commented that Allegany County government has historically been known for their cooperation with municipalities and willingness to work in partnership with others. Following the Board’s leadership, County agencies and community partners also work well together. This leadership, our geography, and the needs of the people we serve require that we make the most of available resources. Staff members from OFA, DSS, and Veterans’ Services are experts in their programming areas. They serve a common group of clients. Locating these staff together will enable them to learn from each other, and having the expertise in one location available to the shared clients can only enhance their ability to do their job well.

Veterans’ Service Agency Director Scott Spillane addressed the Board, noting his ten years of working with veterans and their families and helping people in the County to make their lives a little better. His clients are some of the same clients that Office for the Aging works with. Over the last two or three years, he has processed more claims in nursing homes and assisted care facilities than in the previous seven years. Our veterans are getting older. When filing claims in the office, it’s very difficult for some veterans, their widows, or family members to navigate up to the second floor in a wheelchair, and they sometimes require assistance getting back out to their vehicles. Mr. Spillane noted that a one-stop shop would be a valuable asset and save a lot of time in providing services.

Privilege of the floor was granted to Wallace C. Higgins, Allegany Senior Foundation President. This non-profit organization helps meet the unmet needs of seniors by aiding in keeping them warm, safe, informed, and above all, keeping them in their homes. Mr. Wallace stated that OFA's physical office is a time bomb ready to explode due to deterioration. There exists a mental time bomb as well for office personnel who are trying to do their duties in extremely close quarters. The elderly population and veterans’ needs are rapidly expanding. For two years, the Foundation, as a volunteer group, has spent time and much effort to alleviate the physical concerns of the office. Money is tight, but so is time. There is a solution. Although they have been informed there are other areas that might be available for OFA office space, the current solution is very practical, and there has been an overwhelming response to the validity of the Crossroads facility as a major OFA center; 313 petition signatures is a very strong statement. This space could eventually be available for a senior activity center, a place for senior forums, as well as a home away from home. Mr. Higgins also acknowledged the early response and desire of Houghton College to help make the Crossroads available for OFA activities. The Senior Foundation urged a positive response to the concerned efforts of so many people in planning for respectable, safe quarters.

Privilege of the floor was granted to County Historian and Tourism Specialist Craig Braack for the presentation of the 2009 Travel and Outdoor Guide. Mr. Braack commented on the common theme of the publication: “It’s about the people you see / It’s about the people, you see.”

Representatives were present from the following departments and agencies to answer questions regarding their 2008 Annual Reports: Employment and Training, Public Defender, Soil and Water Conservation District, STOP DWI Program, Veterans’ Service Agency, Workers’ Compensation, and Youth Bureau.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

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

1. April 2009 Board and Committee Meeting Calendar. (The Human Services Committee meeting was moved from April 15 to April 22 at 3 p.m.)

2. 2009 Allegany County Travel and Outdoor Guide.

3. Report of Tax Bill Corrections approved by the County Administrator in February 2009.

4. Report of Intrafund Transfers approved by the County Administrator in February 2009.

5. 2008 Annual Reports from the following departments and agencies were distributed for review: County Historian, District Attorney, Information Technology, Parks and Forests, Sheriff, Weights and Measures. Representatives will be present at the next Board meeting to answer questions regarding those reports.

The following communications were also acknowledged:

1. Notice of the next Fire Advisory Board meeting on Thursday, March 26, at 8 p.m. in the Public Safety Facility.

2. Invitation to attend the awards ceremony and reception for the winning students of the annual DAR Good Citizens/Scholarship Contest on April 4, 2009.

3. Invitation to attend the Tri-County Tobacco Free Programs Recognition Luncheon on April 22, 2009.

4. Invitation to attend the Friendship Free Library celebration of the installation of their “Lift.”

5. Southern Tier West Regional Planning and Development Board minutes from February 19 and notice of meeting for March 19.

APPOINTMENTS:

Chairman Crandall, in a joint measure with Crystal Abers, Chairman of the Cattaraugus County Board of Legislators, appointed Sherry Grugel, Executive Director of the Allegany County Chamber of Commerce, to serve on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD, filling the unexpired three-year term of Voni Walker which expires December 31, 2009.

Chairman Crandall appointed Andrew Zalar of Fillmore, New York, to serve as the Agri-Business member on the ALLEGANY COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD, for a four-year term commencing March 5, 2009, and expiring March 4, 2013.

RESOLUTIONS:

RESOLUTION NO. 54-09

APPOINTMENT OF ROBERT D. STARKS AS COUNTY PROBATION DIRECTOR;

FIXING ANNUAL SALARY

Offered by: Public Safety Committee

RESOLVED:

1. That Robert D. Starks is appointed as the County Probation Director commencing March 28, 2009, at an annual salary of $56,000.

Moved by: Mr. Dibble Adopted: Roll Call

Seconded by: Mr. Reynolds 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 55-09

AMENDMENT OF COUNTY NON-UNIT SALARY PLAN TO ADD TITLE OF

COUNTY ELECTION TECHNICIANS AND COUNTY ELECTION INSPECTORS

TO SECTION FOUR

Offered by: Personnel Committee

RESOLVED:

1. That Section 4. of Resolution No. 297-75, as amended, is amended by adding the following titles:

Title Salary

County Election Technicians $ 15 per hour

County Election Inspectors $ 85 per day for primary elections

$135 per day for general elections

2. This resolution shall take effect March 24, 2009.

Moved by: Mr. Hall Adopted: Roll Call

Seconded by: Mr. Russo 15 Ayes, 0 Noes, 0 Absent

RESOLUTION INTRO. NO. 61-09 (CREATING THREE FULL-TIME POSITIONS OF 911 DISPATCHERS IN COUNTY SHERIFF’S DEPARTMENT) was TABLED following a motion made by Legislator Fanton, seconded by Legislator Truax and carried in order to allow time to gather more complete 911 call volume data. (Opposed: Reynolds.) The Sheriff’s Memorandum of Explanation included that the request was due to the additional work load that will result from the transfer of Wellsville’s calls to the County’s E-911 Dispatch Center. The MOE also requested authorization to fill those three full-time dispatcher positions, as well as nine part-time dispatcher positions. Comments made regarding the proposed resolution prior to its being tabled included the following:

Legislator O’Grady reported that he spoke with the Wellsville Police Chief and was told the transfer of 911 calls hasn’t taken place yet. The number he was given for Village 911 calls in 2008 was a little over 1,000, which is just three calls per day. That doesn’t warrant the $132,000 expense. Mr. O’Grady would not support the resolution, but noted that he could support putting extra part-time staff on in busy times.

Sheriff Tompkins reported that their target date for take-over of Wellsville’s 911 dispatch calls was April 15, but they were not going to meet that date due to technical problems. The Wellsville call volume numbers Sheriff Tompkins was given for 2008 included 165 fire incidents, 1,700 EMS incidents, and he hadn’t received police numbers yet. That figures out to be 155 incidents per month more than what they are presently handling even without the police numbers. The Sheriff also noted that there are numerous phone calls generated for each incident. For example, one incident last week generated 68 phone calls. He wouldn’t ask for the positions if they weren’t needed. Dispatch staff is too often in a situation where multiple emergencies are in progress and there are not enough people in the center.

Chairman Crandall noted that this resolution creates the positions, but the request to fill the positions would go to the Ways and Means Committee. He questioned if filling the positions would be delayed until we had actual call numbers, and if data would back up the request for a given number of positions. Sheriff Tompkins responded that he already has the fire and EMS numbers and is just waiting for the police numbers. When he goes to Ways and Means, he will have numbers to justify the positions.

Legislator Dibble questioned when the nine part-time positions would be filled. Sheriff Tompkins noted that seven people starting training class today, and they weren’t going to fill all the positions any time soon. They have a problem with training and retaining. Legislator Ungermann asked if raising the salary has helped with retention, to which the Sheriff replied that it has, but there is still the issue with part-timers who want full-time.

Legislator O’Grady commented on the influx in workloads and busy times in police departments, noting that they know when the busy times are and can fill in with part-time staff accordingly. He asked why this couldn’t be done in dispatch. He understood that the resolution only creates the positions, but usually when a position is created, it gets filled. He won't support new positions until after the transfer takes place and we have data on how it impacts dispatch at the County level. Sheriff Tompkins commented on the differences between a village police force and the County Dispatch Center: he can’t anticipate catastrophic incidents or know when “busy” times will require extra staff.

Legislator Truax asked if data is available from NYSAC on recommended number of calls to be handled by a dispatcher. Sheriff Tompkins replied that the department is evaluated every year, and going by the state’s recommendation, we’ve been down in staffing by almost a full eight hours in a 24-hour period for each of the last seven years.

Legislator Reynolds acknowledged appreciation of the part-time dispatchers and the training that’s required to be proficient. It’s difficult to keep them because they often want full-time. A full-time person is going to be more efficient and effective; part-time is a stop-gap, but not the answer to the problem.

Legislator Pullen commented that he couldn’t support the resolution at this point because although there are times we would like to approve the requests of department heads, there is the issue of the burden on the taxpayers and we have to draw a line somewhere. Mr. Pullen also referred to the process of authorizing filling positions by the Ways and Means Committee and suggested delaying this matter so that all 15 legislators would have a say in the decision (see action to table, above).

RESOLUTION NO. 56-09

AMENDMENT OF RESOLUTION NO. 94-99 TO

INCREASE OFFICE OF COUNTY CLERK PETTY CASH FUND FROM $500 TO $650

Offered by: Personnel and Ways and Means Committees

RESOLVED:

1. That Section 1. of Resolution No. 94-99 is amended to read as follows:

1. There is established a revolving petty cash fund for the Office of County Clerk in the Motor Vehicle Division at his office in Belmont, New York, in the amount $650, to be used primarily for making change when individuals purchase licenses and registrations with cash.

Moved by: Mr. Hall Adopted: Roll Call

Seconded by: Mr. Fanton 14 Ayes, 1 No, 0 Absent

Voting No: Kruger

RESOLUTION NO. 57-09

CREATING NEW ACCOUNTS FOR THE ACT II BATTERER’S PROGRAM

PARTNERED BY THE SHERIFF’S OFFICE, PROBATION DEPARTMENT AND

DISTRICT ATTORNEY’S OFFICE TO PROVIDE

A PROGRAM SPECIFIC TO DOMESTIC VIOLENCE AND SPOUSAL ABUSE;

APPROPRIATING FUNDS TO SUCH CREATED ACCOUNTS

Offered by: Public Safety and Ways and Means Committees

WHEREAS, the District Attorney’s Office has grant money to fund the ACT II Batterer’s Program for domestic violence and spousal abuse, and

WHEREAS, the annual budget for such program will be $10,000 to be disbursed to the new accounts on a bi-annual basis, now, therefore, be it

RESOLVED:

1. That the sum of $10,000 is appropriated to the following newly created accounts: Account No. A3117.449 (ACT II Batterer’s Program) and Revenue Account No. A03.2260.3117 (ACT II Batterer’s Program).

Moved by: Mr. Dibble Adopted: Roll Call

Seconded by: Mr. Hopkins 15 Ayes, 0 Noes, 0 Absent

Comments made regarding Resolution No. 57-09: Legislator Fanton requested verification that if funding for the program was discontinued, the program would also be discontinued. County Administrator John Margeson replied in the affirmative.

A motion was made by Legislator Pullen and seconded by Legislator Fanton to TABLE Resolution Intro. No. 64-09 (Approval of Agreement with William W. Pulos, Esq. to Provide Administrator Services under Assigned Counsel Plan) to allow time for researching the responsibilities of the position and obtain information on reasons for the change. The motion to table was defeated on a roll call vote of 7 Ayes, 8 Noes, 0 Absent. Voting No were: Burdick, Crandall, Hall, Kruger, McCormick, Reynolds, Russo, Ungermann.

RESOLUTION INTRO. NO. 64-09 (APPROVAL OF AGREEMENT WITH WILLIAM W. PULOS, ESQ. TO PROVIDE ADMINISTRATOR SERVICES UNDER ASSIGNED COUNSEL PLAN) was DEFEATED on a roll call vote of 6 Ayes, 9 Noes, 0 Absent. Voting No were: Fanton, Hopkins, Kruger, McCormick, O’Grady, Pullen, Russo, Truax, Ungermann. Comments made regarding the proposed resolution included the following:

Legislator Kruger voiced his opposition to the agreement because, assuming all else was equal and the fact that there were no cost savings, the attorney’s office is located in Steuben County. The Legislature should support and promote Allegany County business.

Legislator Reynolds commented that Mr. Pulos has been a lifelong resident of the County, is very capable, and has the potential to save the County money. Mr. Reynolds also noted that in the past the County has contracted with Cattaraugus County attorneys for Public Defender conflicts.

Legislator Ungermann pointed out that County Clerk Rob Christman is always encouraging vehicle registrations be done here to keep the money local, and here we are considering moving a contract to another County. Mr. Ungermann felt it was strictly a political thing. If there is no complaint about the current Assigned Counsel Administrator, and there is no difference in the fee, we should keep the contract in the County.

Legislator McCormick felt the issue was whether to support an office in Hornell or the current one in Wellsville. The current contractor does a good job, and they want the contract. We should keep the contract in the County.

Legislator Russo commented that there was no legitimate reason this was happening; “if it’s not broke, don’t fix it.” The current contractor is doing a good job.

RESOLUTION INTRO. NO. 65-09 (APPROVAL OF LEASE AGREEMENT BETWEEN THE ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND THE COUNTY OF ALLEGANY FOR APPROXIMATELY 8,000 SQUARE FEET OF SPACE IN THE CROSSROADS COMMERCE CENTER LOCATED AT 6087 STATE ROUTE 19, BELMONT, NEW YORK) was TABLED for two weeks following a motion made by Legislator Dibble, seconded by Legislator Kruger and carried on a roll call vote of 9 Ayes, 6 Noes, 0 Absent. Voting No were: Crandall, Fanton, Hall, Hopkins, Pullen, Reynolds. Comments made regarding the proposed resolution included the following:

Legislator Kruger commented that although he doesn't support the resolution, he agrees that something needs to be done right away. There is an opportunity to give OFA, Veterans' Services, and Social Services staff more space, and maybe better space, for possibly less money. Mayor Schmelzer was in to address upgrading the Amity sewer system, and he mentioned to Mr. Kruger that there is space ready at the former Belmont School, including parking and the gym. It's ready to move into now without waiting for construction or having to deal with water and sewer problems. Mr. Kruger supported Crossroads for business and tourism, but doesn’t want to mix business services with social services.

Legislator Pullen noted that this issue has been worked on and lobbied for by the Senior Foundation for several years. They've looked at multiple options and had tours of the former school facility, which that board did not find suitable and it was not available at the time. He questioned if it is ready to move into now. It's time to move OFA, and this is the most cost effective option providing opportunities in the future as pointed out by Mr. Higgins.

Legislator O'Grady agreed with Mr. Kruger. OFA needs to move, but the issue is financial. The proposed IDA lease is for a total of ten years at a cost of $1 million. In two years, we'll have to start paying on the Court addition bond. This lease represents an additional half percent tax increase. Mr. O'Grady noted he was not sure where the money is coming from. He would have liked to see the third floor renovated, but that proposal failed due to lack of money. There is no money now for this lease agreement either.

Legislator Burdick also agreed that we have to move the Office for the Aging. He initially supported the Crossroads proposal at 5,600 square feet, which was three times the space they have now. The figure increased to 6,000 square feet, and then to 6,500. Now it’s up to 8,000 square feet at a cost of $102,000 per year to lease, or an increase of $19,000 from the 6,500 square foot proposal. Mr. Burdick has heard no good excuse for the extra space. We have to draw the line somewhere. He stated that he can't support this. Twenty-five percent of retired senior citizens in NYS only have Social Security to live on (the figure may be higher here). We can’t increase the tax rate on them. The $102,000 is new money needed for the budget, not just money we can shift around. If the contract was for the 6,500 square feet, he could support it,

Legislator Russo commented that there wasn't a person present that doesn’t agree Office for the Aging has to move, but he also represents the taxpayers. We can’t afford this right now with the bills and bonds coming up that we'll have to pay. We can’t continue to throw money at the problems we have when there are other options to explore. Mr. Russo recommended that we move diligently and quickly to explore those other options.

Legislator Hopkins noted that once or twice the Court Facilities Committee requested proposals from the Belmont Betterment Association regarding space at the former school, and we never get what we ask for. Mr. Hopkins assumes they are not interested.

Legislator Ungermann thanked the Senior Foundation, but also commented on the increasing tax burden. He has promoted the single point of entry concept, and the plan he laid out in April 2007 included co-location of several agencies. The IDA proposal addresses OFA and Veterans' Services, but single point of entry should include Social Services and Health. In 2007, the County still owned the former Belmont School, and it could have been remodeled at a cost of $100-150 per square foot. Building new would cost about $200 per square foot, so there’s a savings. The new portion of the building includes 56,000 square feet. Mr. Ungermann noted that he questioned the IDA's involvement in this proposal. They are supposed to be generating private sector jobs to increase the County’s tax base. With this contract, they are shuffling real estate and not creating anything. Mr. Ungerman also did not support the IDA's purchase of the Crossroads property, due to water and sewer issues. If the County built near the new jail facility via a design-build team, private capital would be building and we would lease from them. This idea was turned down. Mr. Ungermann questioned the figures in the IDA Crossroads deed and mortgage. The purchase price was $400,000, and the mortgage is for $450,000. IDA Executive Director John Foels responded. When the Houghton Foundation decided to sell the former Academy property, they wanted a higher purpose to be maintained. The Crossroads concept was a positive thing for them. The property was appraised two years ago and again last year prior to the sale at $750,000. The purchase price was $400,000. When the IDA approached the lender, the lender specified a $450,000 mortgage, with the extra $50,000 to be set aside for owner improvements on condition of approval by the bank. These funds are in a savings account and are included in the mortgage. They can be drawn out by approval of the IDA board and senior management of the bank. Replacement value is $1.2 million; appraised value is $750,000.

Legislator Ungermann noted that Mr. Pullen brokered this whole thing and requested he abstain from voting on the IDA lease resolution. Legislator Pullen later responded that to the best of his knowledge, there was no conflict of interest.

Legislator Reynolds stated that Mr. Pullen is the Chair of the Court Facilities and County Space Needs Committee and should not abstain. Mr. Reynolds also noted that the IDA would be content to have things stay as is. They didn’t push for this, but is only trying to assist. Regarding the school issue, Mr. Reynolds felt it should be put to rest. Several years ago, LaBella completed a study on rehabilitiation of the building and estimated it would cost $6 million. LaBella recommended building new as opposed to rehabilitating the former school building. The Board decided to move away from it at that time, and it is still not the best option for Office for the Aging. Mr. Reynolds supported the IDA Crossroads lease resolution and applauded all the work and effort that went into the proposal.

Legislator Fanton commented that the Crossroads lease issue should have been resolved today. That facility would fit the needs of the OFA and the Senior Foundation, and although it represented a half percent tax increase, no additional personnel would be required for maintenance. We're doing a disservice to the seniors of our County.

RESOLUTION NO. 58-09

RESOLUTION APPROVING AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND THE ALLEGANY-WESTERN STEUBEN RURAL HEALTH NETWORK FOR

THE ESTABLISHMENT OF A MOBILITY MANAGEMENT PROGRAM

Offered by: Public Works and Ways and Means Committees

WHEREAS, by Resolution No. 177-2008, this Board authorized the County of Allegany to enter into an agreement with the New York State Department of Transportation (NYSDOT) acting as the designated recipient (DR) for the Federal Transit Administration (FTA) Grant funds, and

WHEREAS, Allegany County would receive the sum of $250,000 for the establishment of a Mobility Management program to be appropriated to an account designated by the County Treasurer, and

WHEREAS, the Mobility Management program is designed and intended to coordinate the provision of public transportation services throughout the County by primarily utilizing the Allegany County Transit system and the Arc Transportation system so as to provide a more efficient, non-redundant County-wide public transit system, now, therefore, be it

RESOLVED:

1. The Agreement with the Allegany-Western Steuben Rural Health Network for services and obligations associated with the $250,000 grant award to the County under the USDOT/NYSDOT Job Access and Reverse Commute/New Freedoms program, is approved.

2. The Chairman of this Board of Legislators is authorized to enter into such Agreement.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Truax 15 Ayes, 0 Noes, 0 Absent

AUDITS:

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

A motion was made by Legislator Truax, seconded by Legislator Hopkins and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $1,522,058.31 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 $1,907,796.)

ADJOURNMENT: The meeting was adjourned at 3:45 p.m. on a motion made by Legislator Kruger, seconded by Legislator Pullen and carried.