ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

 

MAY 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 Pledge of Allegiance was led by Karl L. Grantier, former United States Air Force Airman 1st Class.

 

INVOCATION:  The Invocation was given by Legislator Pullen.

 

ROLL CALL:  11 Present; 4 Absent (Legislators Hall, O’Grady, Reynolds, and Truax).

 

APPROVAL OF MINUTES:

 

            The Board meeting minutes of May 11, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator McCormick and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall presented a certificate to Karl L. Grantier, former United States Air Force Airman 1st Class, in grateful appreciation of his service to our country.  Mr. Grantier’s service dates were from July 1955 to his medical retirement in October 1958 following being burned in an airfield fire.  He was trained and based at Amarillo Air Force Base in Texas, and since his retirement, has held the positions of Officer and Post Commander in the American Legion for 42 years.  Mr. Grantier 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 granted privilege of the floor to the following:

 

            Public Health Director Lori Ballengee spoke about an upcoming event to benefit Cancer Services.  Jon Nickerson of Scio was recently deeply touched by a child with cancer.  Mr. Nickerson and the Scio Youth Athletics Committee, along with the Allegany County Cancer Services, have organized the 1st Annual Pitching in for a Cure, a T-Ball Game Day, with proceeds to be donated to Cancer Services.  The event will be held on June 6 at the Scio Athletic Fields beginning at 8:30 a.m. and will include a Ceremonial Survivor Recognition Pitch at 12:45, an adult game, prizes, and raffles.  Legislators and the press were extended a special invitation.

 

            Martha Roberts, Agricultural Society President, spoke about the Allegany County Fair.  She presented the fair book, which this year is dedicated to James and Linda Makowski.  Mrs. Roberts made note of a new event:  the Board of Legislators will hold a meeting at the Fairgrounds on July 22 at 2:00 p.m., giving the public an opportunity to watch County government in action.  Mrs. Roberts gave an update on some of the larger fair expenses:  big name entertainment – $50,000; premiums – $26,000, of which only $8,700 is reimbursed by the state; insurance – close to $70,000 now, not including specialty insurances for fair week.  They count on the public for support to meet these expenses.  The County’s appropriation is used for grounds maintenance and new construction.  Mrs. Roberts also commented on the innumerable volunteer hours throughout the year; without the volunteers, there would be no fair.  The goal of the Agricultural Society is continued representation of agriculture and agribusiness.  Mrs. Roberts highlighted some of the major events to be held during fair week.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

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

 

            1.         June 2009 Calendar of Board and Standing Committee meeting dates.  (The Personnel Committee meeting on June 3 was changed from 11 to 10 a.m.

 

The following communications were also acknowledged:

 

            1.         Correspondence from NYS Department of Correctional Services Commissioner Brian Fischer in response to our Resolution No. 33-09 regarding the housing of parole violators and state ready inmates.

 

            2.         Notice of next Fire Advisory Board meeting on May 28 at 8 p.m. in the Public Safety Facility.

 

            3.         Town of Independence Resolution No. 4-2009 requesting that the County establish a dedicated bridge fund along with the establishment of a multi-year capital bridge plan with the appropriate funding.

 

APPOINTMENT:

 

            The Clerk of the Board announced that Chairman Crandall has appointed William Emrick of Scio, NY, as a member of the Citizens Advisory Council to the Office for the Aging for a term of three years commencing immediately and expiring December 31, 2011, subject to confirmation by the Board of Legislators.

 

PROCLAMATION:

 

            Chairman Crandall proclaimed May 24-30, 2009 as Hurricane Preparedness Week and urged all citizens to heed the advice and use the guidance provided so they can better protect themselves, their loved ones, their homes, and their businesses from storms.

 

RESOLUTIONS:

 

RESOLUTION NO. 86-09

 

AMENDING UNIT SALARY PLAN BY CREATING TITLE AND POSITION OF

SENIOR PROBATION ASSISTANT

 

Offered by:  Public Safety and Personnel Committees

 

            RESOLVED:

 

            1.         That the County AFSCME Salary Plan is amended by creating the title and position of Senior Probation Assistant.  That such title is placed in Grade 15 of such AFSCME Salary Plan.

 

            2.         This resolution shall take effect on May 27, 2009.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                                  10 Ayes, 1 No, 4 Absent

                                                                                                                                   Voting No:  Kruger

 

(Memo:  Resolution No. 86-09 approves creation of the new position title of Senior Probation Assistant to bring the salary structure of a long-time staff member in line with the job duties being performed which, after seventeen years, have expanded beyond the job specifications of Probation Assistant.  The staff member will have to pass a Civil Service Test to gain the promotion.)

 

RESOLUTION NO. 87-09

 

APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT OF ONE MEMBER TO

REGION NINE FISH AND WILDLIFE MANAGEMENT BOARD

 

Offered by:  Public Works Committee

 

Pursuant to Environmental Conservation Law § 11-0501

 

            RESOLVED:

 

            1.         That the appointment by the Chairman of this Board of Richard (Butch) Lorow  of Almond, New York, to the Region Nine Fish and Wildlife Management Board, as the Alternate Landowner Representative, with term of office commencing May 26, 2009 and expiring December 31, 2010, is approved.

 

            Moved by:  Mr. Fanton                                                                            Adopted:  Voice Vote

            Seconded by:  Mr. Pullen

 

RESOLUTION NO. 88-09

 

APPROVAL OF APPORTIONMENT OF MORTGAGE TAX TO TAX DISTRICTS AND AUTHORIZING WARRANT THEREFOR

 

Offered by:  Ways and Means Committee

 

Pursuant to Tax Law § 261 (3)

 

            RESOLVED:

 

            1.         That the Semi-Annual Report for the period October 1, 2008, through March 31, 2009, relating to Mortgage Tax Receipts and Disbursements, and the proposed distribution of such mortgage tax receipts therein, is approved.

 

            2.         That the Clerk of this Board is authorized and directed to execute a warrant of this Board to the County Treasurer directing her to distribute to the several tax districts in the County their respective share of such mortgage tax.

 

            Moved by:  Mr. Hopkins                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Dibble                                                             11 Ayes, 0 Noes, 4 Absent

 

RESOLUTION NO. 89-09

 

AUTHORIZING PAYMENT TO TOWNS AND VILLAGES FROM

ADDITIONAL MORTGAGE TAX FEE RETAINAGE BY COUNTY CLERK; APPROPRIATING FUNDS THEREFOR

 

Offered by:  Ways and Means Committee

 

            WHEREAS, by Resolution No. 214-2004 the County Clerk was authorized pursuant to Section 262 of the Tax Law to request and receive reimbursement from the State of New York for all of his necessary expenses incurred in the administration of the Mortgage Tax Program on behalf of the State of New York, and

 

            WHEREAS, it was the intent of this Board in adopting such resolution that the Towns and Villages of the County would not suffer any adverse financial consequences as a result of any increased retained expense reimbursement to the County Clerk, and

 

            WHEREAS, the County Clerk has received reimbursement of his necessary expenses incurred in the administration of the Mortgage Tax Program, and

 

            WHEREAS, this Board wishes to appropriate part of such reimbursement of necessary expenses received by the County Clerk for the administration of the Mortgage Tax Program to the Towns and Villages of the County, now, therefore, be it

 

            RESOLVED:

 

            1.         The amount of $25,438.62 is appropriated from Account No. A1410.432 (County Clerk – Contractual) and shall be distributed to the Towns and Villages of the County as follows:

 

 

  TOWNS

AMOUNT RETAINED BY COUNTY CLERK’S OFFICE

FOR MORTGAGE TAX FEE

REBATE AMT TO TOWN

REBATE AMT

TO VILLAGE

 

  VILLAGES

 

  Alfred

1,333.44

1,071.56

261.88

  Alfred

  Allen

226.57

226.57

 

 

  Alma

378.81

378.81

 

 

  Almond

368.80

340.16

28.64

  Almond

  Amity

846.39

708.25

138.14

  Belmont

  Andover

655.58

535.81

119.77

  Andover

  Angelica

1,420.36

1,167.62

252.74

  Angelica

  Belfast

912.94

912.94

 

 

  Birdsall

108.24

108.24

 

 

  Bolivar

1,085.45

855.41

213.60

  Bolivar

 

 

              

16.44

  Richburg

  Burns

944.31

817.34

126.97

  Canaseraga

  Caneadea

1,469.66

1,469.66

 

 

  Centerville

264.66

264.66

 

 

  Clarksville

615.08

615.08

 

 

  Cuba

1,586.60

1,328.06

258.54

  Cuba

  Friendship

798.57

798.57

 

 

  Genesee

1,069.16

1,069.16

 

 

  Granger

361.32

361.32

 

 

  Grove

323.29

323.29

 

 

  Hume

1,933.07

1,933.07

 

 

  Independence

383.18

383.18

 

 

  New Hudson

269.37

269.37

 

 

  Rushford

1,538.36

1,538.36

 

 

  Scio

1,145.92

1,145.92

 

 

  Ward

33.30

33.30

 

 

  Wellsville

3,736.06

2,720.10

1,015.96

  Wellsville

  West Almond

460.99

460.99

 

 

  Willing

713.65

713.65

 

 

  Wirt

455.49

424.45

31.04

  Richburg

  TOTALS

25,438.62

22,974.90

2,463.72

 

 

            2.         The Chairman of this Board, Allegany County Clerk, and Allegany County Treasurer are authorized to execute any and all vouchers, warrants, and other necessary documents of every nature and kind in order to effect the purpose of this resolution.

 

            Moved by:  Mr. Hopkins                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                             11 Ayes, 0 Noes, 4 Absent

 

RESOLUTION NO. 90-09

 

ACCEPTANCE OF GRANT FUNDS FROM THE

NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES; AUTHORIZING DIRECTOR OF PROBATION TO EXECUTE ANY AND ALL AGREEMENTS NECESSARY TO SECURE SUCH GRANT

 

Offered by:  Public Safety Committee

 

            RESOLVED:

 

            1.         That a grant in the amount of $47,000 from the New York State Division of Probation and Correctional Alternatives is accepted. 

 

            2.         That the Director of Probation is authorized to execute any and all agreements and documents necessary to secure such grant.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                             11 Ayes, 0 Noes, 4 Absent

 

(Memo:  Regarding Resolution No. 90-09:  In 2007, the NYS Division of Probation and Correctional Alternatives awarded a two-year grant for $50,000 each year to the Probation Department for a Shared Services Program.  See Resolution No. 103-07.  The grant enabled contracting with the Allegany Rehabilitative Associates for a mental health caseworker to provide mental health assessments and counseling for individuals on pre-trial and probation supervision at no cost to the County.  In October 2008, the DPCA advised that funds for this project were reduced by six percent to $47,000 for the second year of the grant.  The Probation Department has been notified that they can receive $47,000 for a third year.)

 

RESOLUTION NO. 91-09

 

ACCEPTANCE OF FUNDS FROM SOUTHWESTERN REGIONAL EMS COUNCIL AND APPROPRIATION OF FUNDS TO EMERGENCY SERVICES ACCOUNT

 

Offered by:  Public Safety and Ways and Means Committees

 

            RESOLVED:

 

            1.         That a donation of $200 from the Southwestern Regional EMS Council to the County to be used for the license application fee for Allegany County ambulances is accepted.

 

            2.         That the accepted sum of $200 is appropriated to Account No. A3640.4 with a like sum credited to Revenue Account No. A08.2705.3640.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Hopkins                                                          11 Ayes, 0 Noes, 4 Absent

 

(Memo:  The license referenced in Resolution No. 91-09 is required by the New York State Department of Health to allow certified ambulance services to perform blood glucose testing on patients when indicated.  The County-wide license will save individual ambulance services from each having to pay the $200 license application fee.)

 

RESOLUTION NO. 92-09

 

ACCEPTANCE AND APPROPRIATION OF FUNDING INCREASING THE SFY 08-09 CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS)

 

Offered by:  Public Works and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $24,107.65, increasing the SFY 08-09 Consolidated Highway Improvement Program (CHIPS), is accepted and appropriated to Account No. D5112.223 (County Road CHIPS Paving) with a like sum credited to Revenue Account No. D10.3501.00 (State Aid – CHIPS).

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Hopkins                                                          11 Ayes, 0 Noes, 4 Absent

 

RESOLUTION NO. 93-09

 

INCREASING APPROPRIATIONS AND REVENUES IN THE

SUMMER YOUTH EMPLOYMENT PROGRAM (TANF SYEP) ACCOUNTS

 

Offered by:  Ways and Means Committee

 

            WHEREAS, the Allegany County Employment and Training Center has advised that certain appropriations and revenues should be increased in the TANF Summer Youth Employment Program, now, therefore, be it

 

            RESOLVED:

 

            1.         That the following Employment and Training Center accounts are increased by the designated amounts:

 

Account No.

Appropriation Accounts

Amount

CD1 6410.101

Personal Services

30,970

CD1 6410.802

Retirement

5,100

CD1 6410.806

Hospital/Med

8,600

CD1 6410.474

Summer Youth Contractual Expense

25,700

CD1 6411.101

Participant Wages

44,100

CD1 6411.474

Participant Supportive Service

6,000

CD1 6411.803

Participant FICA

3,400

CD1 6411.804

Participant W/C

2,300

CD1 6411.805

Participant UIB

3,830

CD1 6794.101

Personal Services

2,500

CD1 6794.806

Hospital/Med

1,300

CD1 6795.101

Participant Wages

8,000

CD1 6795.803

Participant FICA

1,000

 

TOTAL

142,800

                       

Account No.

Revenue Accounts

Amount

CD1 11 4489. STIM

ARRA Stimulus SYEP

130,000

CD1 11 4701.12

OTDA SYEP

12,800

 

TOTAL

142,800

 

            Moved by:  Mr. Hopkins                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Dibble                                                                 10 Ayes, 1 No, 4 Absent

                                                                                                                                   Voting No:  Kruger

 

(Memo:  The action approved by Resolution No. 93-09 was necessary due to the increase in Summer Youth Employment Program funding made available through the American Recovery and Reinvestment Act and the NYS Office of Temporary and Disability Assistance.)

 

Comments made regarding Resolution No. 93-09 included:  Employment and Training Director Jerry Garmong noted that the increase in funding will allow the Summer Youth Employment Program to serve about 40 more youths, bringing the total up to between 100 and 110.

 

RESOLUTION NO. 94-09

 

ACCEPTANCE OF FUNDS FROM THE NEW YORK STATE DEPARTMENT OF LABOR FOR TECHNOLOGY PURPOSES; APPROPRIATION OF FUNDS

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That New York State Department of Labor funds in the amount of $19,100 are accepted and appropriated as follows: $17,200 to Account No. CD1.6400.201 (WIA Title I Administration – Equipment) and $1,900 to Account No. CD1.6400.407 (WIA Title I Administration – Supplies) with a like sum credited to Revenue Account CD1.11.4701.6400 (WIA Administration).

 

            Moved by:  Mr. Hopkins                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Dibble                                                             11 Ayes, 0 Noes, 4 Absent

 

RESOLUTION NO. 95-09

 

TRANSFER OF FUNDS IN DISTRICT ATTORNEY ACCOUNT

 

Offered by:  Public Safety Committee

 

            RESOLVED:

 

            1.         That the sum of $1,718 is transferred from Account No. A1165.4 to Account No. A1165.2.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              11 Ayes, 0 Noes, 4 Absent

 

(Memo:  The transfer of funds approved by Resolution No. 95-09 was necessary to cover the charges for radio work and other equipment installed in a new vehicle in 2008.  There was a billing error which prevented payment last year.  The billing has now been corrected, but there were no funds appropriated in the 2009 equipment account.)

 

 

            Resolution Intro. No. 103-09 (Ratifying Sheriff’s Signature and Approving Amendment No. 1 to the Court Security Agreement Contract Number C200357 between the New York State Unified Court System and the County of Allegany) was not pre-filed and was considered from the floor on a motion made by Legislator Hopkins, seconded by Legislator Dibble and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.

 

RESOLUTION NO. 96-09

 

RATIFYING SHERIFF’S SIGNATURE AND APPROVING AMENDMENT NO. 1 TO THE COURT SECURITY AGREEMENT CONTRACT NUMBER C200357 BETWEEN

THE NEW YORK STATE UNIFIED COURT SYSTEM AND THE COUNTY OF ALLEGANY

 

Offered by:  Ways and Means Committee

 

            WHEREAS, by Resolution No. 193-2008 an amendment agreement for the period April 1, 2008 through March 31, 2009, between the New York State Unified Court System and the County of Allegany for the provision of Court Security was approved, and

 

            WHEREAS, an increase in the maximum total compensation of the existing April 1, 2008 to March 31, 2009 agreement is needed, now, therefore, be it

 

            RESOLVED:

 

            1.         That the increase in total compensation of said existing agreement from $288,957 to a maximum compensation not to exceed $372,346 is approved.

 

            2.         That the signature of the Allegany County Sheriff is ratified.

 

            Moved by:  Mr. Hopkins                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                             11 Ayes, 0 Noes, 4 Absent

 

 

            Resolution Intro. No. 104-09 (Endorsing the Position of Cattaraugus County in Support of the Sitewide Removal Alternative in Revised Draft Environmental Impact Statement for Decommissioning at West Valley Demonstration Project and Western New York Nuclear Service Center) was not pre-filed and was considered from the floor on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.

 

RESOLUTION NO. 97-09

 

ENDORSING THE POSITION OF CATTARAUGUS COUNTY

IN SUPPORT OF THE SITEWIDE REMOVAL ALTERNATIVE IN

REVISED DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR

DECOMMISSIONING AT WEST VALLEY DEMONSTRATION PROJECT AND

WESTERN NEW YORK NUCLEAR SERVICE CENTER

 

Offered by:  Human Services Committee

 

            WHEREAS, Cattaraugus County lies directly to the west of Allegany County, and

 

            WHEREAS, environmental, economic and public health concerns that impact Cattaraugus County have the potential of also impacting the residents of Allegany County, and

 

            WHEREAS, the potential for ground water contamination that migrates offsite poses a risk to all Western New Yorkers, and

 

            WHEREAS, decommissioning and site cleanup at the West Valley Demonstration Project and Western New York Nuclear Service Center are deemed to have an impact on residents of Allegany County, and

 

            WHEREAS, Allegany County is aware of the Revised Draft Environmental Impact Statement for Decommissioning and/or Long-Term Stewardship at the West Valley Demonstration Project and Western New York Nuclear Service Center (DOE/EIS-0226-D {revised}), and

 

            WHEREAS, Allegany County is aware of the concerns expressed by Act No. 258-2009 of the Cattaraugus County Legislature, and

 

            WHEREAS, Allegany County shares many of the same concerns as expressed by Cattaraugus County, and

 

            WHEREAS, Allegany County agrees with Cattaraugus County that the Sitewide Removal Alternative is the best alternative for addressing the environmental, health and economic concerns of this region, and

 

            WHEREAS, Allegany County agrees with Cattaraugus County that the proposed decommissioning plan of 64 years is absurd and that a ten year plan needs to be properly funded by the state and federal governments so as to provide a reasonable timeframe for addressing the ongoing concerns posed by this site, now therefore be it

 

            RESOLVED:

 

            1.         That the Allegany County Legislature hereby supports the Sitewide Removal Alternative described in the Revised Draft Environmental Impact Statement.

 

            2.         That certified copies of this resolution be mailed to the United States Department of Energy; New York State Energy Research and Development Authority; United States Senators Charles E. Schumer and Kirsten Gillibrand; United States Congressman Eric Massa; New York State Senator Catharine M. Young; New York State Assemblymen Daniel J. Burling and Joseph M. Giglio; Crystal J. Abers, Chair of the Cattaraugus County Legislature; Barry Snyder, President of The Seneca Nation of Indians; NYSAC; and the InterCounty Association of Western New York.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              11 Ayes, 0 Noes, 4 Absent

 

Comments made regarding Resolution No. 97-09 included: 

 

Legislator McCormick noted that the proposed resolution was received only an hour prior to the meeting, and the timing didn’t allow for a clear understanding of both sides of the issue.

 

Legislator Dibble explained that we’re supporting Cattaraugus County with this resolution.  The area is in close proximity to the Great Lakes and the soil is unstable.  Erosion modeling has shown that if the site is not cleaned up soon, it will contaminate a large percentage of the clean water in the Northeastern United States.

 

Legislator Ungermann expressed concern that the cleanup would just move the problem to someone else’s back yard.  He agreed with Mr. McCormick and stated that he didn’t know the answer.  We need to think about nuclear power.  Eventually someone will find a way to neutralize the waste, but right now just moving it across the country is a challenge.

 

Mr. Ungermann commented that there have been numerous resolutions from other counties requesting support, and to his knowledge, this is the first we ever supported, although some of the other issues were very important also.  Chairman Crandall responded that some requests have been supported through other means such as referrals to the InterCounty Association or other agencies, or by various forms of correspondence.  All of the issues are worthy to look at and deal with appropriately.

 

AUDITS:

 

            A motion was made by Legislator Dibble, seconded by Legislator Fanton and carried, that the audits be acted upon collectively and by totals.  (Legislator Kruger expressed his opposition to acting on the audit collectively, because there are times he would like to have the opportunity to vote on individual expenses.)

 

            A motion was made by Legislator Hopkins, seconded by Legislator Dibble and adopted on a roll call vote of 11 Ayes, 0 Noes, 4 Absent, that the audit of claims, totaling $1,684,963.42 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 $3,323,096.)

 

ADJOURNMENT:  The meeting was adjourned at 2:45 p.m. on a motion made by Legislator Fanton, seconded by Legislator Hopkins and carried.