ALLEGANY
REGULAR SESSION
NOVEMBER 9, 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 former
United States Marine Corps Sergeant Andrew Litzinger.
INVOCATION: The
Invocation was given by Legislator Pullen.
(A moment of silence was observed for the victims of the
ROLL
CALL: 14 Present; 1 Absent (Legislator Kruger).
APPROVAL OF
MINUTES:
The Board meeting minutes of October
26, 2009 were approved on a motion made by Legislator Dibble, seconded by
Legislator Truax and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a certificate
to Andrew Litzinger, former United States Marine Corps Sergeant, in grateful
appreciation of his service to our Country.
Mr. Litzinger’s service dates were from August 2002 to July 2008. Following Basic Training at
Chairman Crandall recognized employees
with thirty years of County service with the presentation of framed
certificates. Those present to be honored
were: Angela Freeman, Sr. Support
Investigator; David George, Heavy Motor Equipment Operator II; Julie Hoshal,
Human Resource Assistant; Jeanette Kaiser, Principal Social Welfare Examiner;
Sheila Linnecke, Sr. Typist, Probation; and Virginia Mullen, Sr. Social Welfare
Examiner. The following employees will
receive their certificates at a later date:
Dean Hale, Motor Equipment Operator I; Dawn Hebblethwaite, Principal
Social Welfare Examiner; Scott Kenyon, Heavy Motor Equipment Operator II;
Rebecca Shafer, Community Service Worker; and Kristina Stoll, Deputy County
Clerk II.
Chairman Crandall presented a
certificate to the December 2009 Employee of the Month, Judy Ward, from the Department
of Social Services, in recognition of her hard work and dedication to the
County.
Chairman Crandall presented a check,
drawn on the Legislators’ Flower Fund, to Allegany Senior Foundation President
Wallace Higgins on behalf of the Board of Legislators. Mr. Higgins expressed his appreciation for
the Board’s support and spoke briefly on the Allegany Senior Foundation, which monitors
and assists with any unmet needs of the Office for the Aging. For the past four years, they have been
active and successful, and they are looking to the future while continuing their
commitments. Some of the programs the
Foundation helps to support are Lifelife, Sharing Your Wishes, and Single Point
of Entry. The Foundation has promoted
construction of new offices, which will soon begin, and they hope to establish
a senior center someday. Their newest
venture is a website to provide information and direct access for people.
Chairman Crandall granted privilege
of the floor to the following:
Office for the Aging Director
Kimberley Toot addressed the Board regarding the United Way County Employee Campaign. Contributions support seventeen programs
working to make our County a better place to live: ACCORD, Allegany Arc, Mental Health Association,
Senior Foundation, Rural Health Network, Red Cross, Association for the Blind, Gil’s
Hills, Homecare and Hospice, Kinship Family and Youth Services, Literacy West, Salvation
Army, Southern Tier Library System, Southern Tier Traveling Teacher, Southern Tier
Youth for Christ, STEP Wilderness Adventures, and Wellsville Community Kitchen. Payroll deduction of as little as $1 makes
contribution relatively painless, but it is priceless for the people who are helped
by these agencies. Mrs. Toot related, as
an example, a case where the Allegany Senior Foundation provided Lifeline
services through
Public Works Superintendent David
Roeske reported on an award the department received recently in
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
The
following communications were acknowledged:
1. On behalf of the Allegany County
Capital Resource Corporation (ACCRC), Hodgson Russ Attorney Daniel Spitzer
filed a copy of the Application for Financial Assistance for Cuba Hospital
regarding the Cuba Hospital Assisted Living Project and Notice of Intent to Act
as Lead Agency for purposes of the SEQRA process in the Clerk of the Board’s
Office on October 28, 2009.
2. Correspondence inviting
3. Correspondence from NYS DEC Regional
Director Abby Snyder regarding the Board’s opposition to the closure of the NYS
DEC Forestry Office in Belmont (Resolution No. 160-09). Ms. Snyder indicated that the DEC Forestry
Office will be relocated to a site at the
4. Notice of next Fire Advisory Board
meeting on November 19 at 8 p.m. in the
5. NYSEG News Release regarding
electricity supply charges in effect January 1.
6. The Allegany County Farm Bureau
forwarded the following October 14, 2009 resolutions for our review (all were forwarded to the Public Works
Committee for consideration):
·
Resolution
Reaffirming Support for the Agricultural Education Outreach Initiative and its
Components.
·
Resolution
Urging Support in Crafting a Health Care Bill Promoting Needed Reform to
Benefit the Agricultural Industry and Other Rural and
·
Resolution
Requesting Attention to a Joint Effort to Achieve Channeled Stream Work within
the Banks of the Genesee River in Allegany County Which Would Direct Water Flow
Away From Agricultural Lands and Town and State Highways which are Under
Constant Threat of Increased Bank Erosion.
·
Resolution
in Support of the County’s Part of Medicaid being Taken Over by the State.
·
Resolution
Supporting an Amendment in Section 1619 of the 2008 Farm Bill so that Certified
General Real Estate Appraisers will be able to Obtain Needed Information.
·
Resolution
Urging Support in Opposing Passage of Climate Change Legislation until Other
World Countries are in a Mindset and Position to Join in Such an Action.
·
Resolution
Urging Support in Directing the Food and Drug Administration to Conduct
Scientific Testing of MPCs (milk protein concentrates) to Determine if They
Qualify as a Safe Food.
·
Resolution
Urging Support in Repealing the Utilities Assessment Tax.
·
Resolution
Urging Support for a Higher Exemption and a Lower Tax Rate for Estate Tax
Reform to Help Maintain the Farming Operation Transfer from One Generation to
the Next.
RESOLUTIONS:
RESOLUTION INTRO. NO. 207-09 (RESOLUTION AMENDING BOARD RULES TO
CLARIFY HOW VARIOUS MOTIONS ARE HANDLED; AMENDING BOARD RULES TO ELIMINATE THE
COURT FACILITIES AND COUNTY SPACE NEEDS STANDING COMMITTEE AND CREATE A NEW
PLANNING AND ECONOMIC DEVELOPMENT STANDING COMMITTEE; AMENDING BOARD RULES TO
ELIMINATE AND RENUMBER CERTAIN RULES DUE TO DUTIES BEING ASSUMED BY NEW
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE) was WITHDRAWN AND REFERRED BACK TO
COMMITTEE following a motion made by Legislator Reynolds, seconded by
Legislator Dibble and carried.
A motion was made by
Legislator Ungermann to TABLE Resolution Intro. No. 208-09 (Reappointment of
Commissioner of Social Services). The
motion failed, as it did not receive a second.
RESOLUTION
NO. 197-09
Offered by:
Human Services Committee
Pursuant to Social Services Law §§ 65 and
116
RESOLVED:
1. That Patricia Schmelzer is reappointed
Commissioner of Social Services for a term of five years commencing December
13, 2009, and expiring December 13, 2014.
Moved by: Mr. Truax Adopted: Voice Vote
Seconded by: Mr. Dibble
RESOLUTION
NO. 198-09
AUTHORIZING WAYS AND MEANS
COMMITTEE OF THE
AND TO APPLY
Offered by:
Curtis W. Crandall, Chairman Board of Legislators
Pursuant to Article 5-A of the Economic
RESOLVED:
1. That the Ways and Means Committee of
this
2. That if the application for the funding
is approved, such Committee shall submit the grant agreement to this Board for
approval and appropriation of such funds prior to commencing any work pursuant
to the terms of the grant agreement or expending any of such funds.
3. That the Clerk of this Board is
directed to send a certified copy of this resolution to the New York State
Commissioner of Economic
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Reynolds 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 199-09
AUTHORIZING
REAL PROPERTY IN
TOWN OF
AUTHORIZING
CHAIRMAN TO EXECUTE DEED
Offered by:
Public Works and Ways and Means Committees
WHEREAS, the County is the owner of certain real property located
in the Town of
WHEREAS, such property is land-locked, is not being occupied or
used by the County, and there is no planned use of it by the County, and
WHEREAS, Dennis Goss of
RESOLVED:
1. That
this Board authorizes the sale by quit claim deed to Dennis Goss of
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Friendship, County
of Allegany, State of New York, being a portion of Great Lot No. 6, Township
No. 3, Range No. 1 of the Holland Land Company Survey and being more
particularly bounded and described as follows:
Beginning at a Point
marked by a capped iron rod found at the four-way lot corner which separates
Great Lot Numbers 6, 7, 14 & 15;
Thence N 89º 42’ 49” E
along the division line between Great Lot No. 6, on the south and Great Lot No.
7, on the north a distance of 653.28 feet to a point marked by a capped iron
rod found at the intersection of the division line between Great Lot No. 6
& No. 7 and the northwesterly bounds of Interstate Route No. 86 formerly
known as the Southern Tier Expressway;
Thence along the northwesterly
bounds of the said highway the following two (2) courses and distances: 1. S 31º 29’ 56” W a distance of 432.46 feet
to a point marked by a New York State Concrete monument; 2. S 29º 43’ 47” W a
distance of 828.65 feet to a point marked by a capped iron rod found at the
intersection of the said highway bounds and the north-south division line
between Great Lot No. 6, on the east and Great Lot No. 14, on the west;
Thence N 00º 51’ 55” W
along the division line between Great Lot No. 6 & No. 14 a distance of
1,085.18 feet to the Point and Place of Beginning of the parcel herein
described.
Containing 8.010+/-
Acres
Intending to describe a
portion of lands acquired by the
EXCEPTING and RESERVING
to grantor, his successors and assigns, all oil, gas and minerals in, under
and upon the above described property.
SUBJECT TO all
easements and rights of way of record or visible possession.
TOGETHER with all the appurtenances and all the
estate and rights of the party of the first part in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the party
of the second part, his successors and assigns forever.
The
It
is understood and agreed that the
The
transferor(s) herein certify that the within description does not split or
combine assessment parcels and that the recording of this deed will not result
in the alteration or change to or amendment of an existing tax map.
2. That the Chairman of this Board is
authorized to execute and deliver a quit claim deed for said premises upon
payment of the amount of $4,500 by purchaser.
3. That the costs of any taxes,
transaction fees are to be borne by the purchaser.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Reynolds 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 200-09
ACCEPTING AND APPROPRIATING HOMELAND
SECURITY PROGRAM FUNDING
FOR ADDITIONAL SERVICES UNDER
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $27,778 for
2. That the accepted sum of $27,778 is
appropriated as follows: $6,500 to Account No. A4010.1, $14,778 to Account No.
A3645.2, and $6,500 to Account No. A3645.4, with a like sum credited to Revenue
Account No. A10.3306.HTH9.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 201-09
ACCEPTING AND APPROPRIATING
FUNDS IN SOCIAL SERVICES ACCOUNTS
DUE TO INCREASE IN PROGRAM
COSTS AND
TRANSFER OF FUNDS WITHIN
SOCIAL SERVICES ACCOUNTS
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That
the sum of $2,205,000 is accepted and the following Appropriation and Revenue
Accounts are increased, as follows:
$205,000 to Account No. A6101.4, $2,000,000 to Account No. A6150.4, with
a sum of $102,500 to Revenue Account No. A11.4601.00, $102,500 to Revenue
Account No. A10.3601.00, and $2,000,000 to Revenue Account No. A11.4650.00.
2. That the sum of $387,000 is transferred
between the following accounts as follows: $2,500 from Account No. A6010.1,
$199,500 from Account No. A6010.4, $150,000 from Account No. A6119.4, and
$35,000 from Account No. A6109.4, and the sum of $387,000 is transferred as
follows: $2,500 to Account No. A6010.1, $5,000 to Account No. A6010.2, $194,500
to Account No. A6010.4, $150,000 to Account No. A6070.4, $25,000 to Account No.
A6140.4, and $10,000 to Account No. A6142.4.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Pullen 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 202-09
ACCEPTING AND APPROPRIATING FUNDS WITHIN
OFFICE FOR THE AGING PROGRAM ACCOUNTS
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That
the sum of $24,500 for increases in the OFA – S.N.A.P. Program is accepted and
appropriated as follows: $20,000 to Account No. A6779.4, and $4,500 to Account
No. A6776.4, with a sum of $20,000 credited to Revenue Account No. A08.2801.36
and $4,500 to Revenue Account No. A02.1972.09.
2. That the sum of $22,871 for the OFA –
Weatherization and OFA – Title III-E Family Caregiver Programs is accepted and
appropriated as follows: $5,592 to
Account No. A6784.1, $10,000 to Account No. A6784.4, $2,000 to Account No.
A6784.8, and $5,279 to Account No. A6786.4, with a sum of $17,592 credited to
Revenue Account No. A11.4772.08 and $5,279 to Revenue Account No. A11.4772.10.
3. That the sum of $6,000 for a new
Medicare Improvements for Patients and Providers Act (MIPPA) grant is accepted
and appropriated as follows: $3,402 to Account No. A6774.1, $1,735 to Account
No. A6774.4, $863 to Account No. A6774.8, with a like sum credited to Revenue
Account No. A11.4772.02.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Russo 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 203-09
ACCEPTANCE OF FUNDS FROM
Offered by:
Ways and Means Committee
WHEREAS, a check in the amount of $230, representing the cost, less
a $500 deductible, to repair a County vehicle that was damaged when the vehicle
struck a deer on September 15, 2009, has been offered by NYMIR in settlement
for property damage caused by such accident, now, therefore, be it
RESOLVED:
1. That
the sum of $230, representing the cost, less
deductible, to repair said County vehicle is accepted.
2. That the accepted sum of $230 is
appropriated to Account No. CS1931.429
(Risk Retention – Uninsured Property Loss), with a like sum credited to
Revenue Account No. CS07.2680.00 (Risk Retention – Insurance Recovery).
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 0 Noes, 1 Absent
(Memo: The vehicle referred to in Resolution No.
203-09 was a Public Works 2005 Chevrolet Silverado Truck.)
RESOLUTION
NO. 204-09
TRANSFER OF FUNDS WITHIN SELF-INSURANCE
PLAN ACCOUNTS
Offered by:
Personnel and Ways and Means Committees
RESOLVED:
1. That the sum of $60,600 is transferred
to cover insufficient funds in Accounts for the Plan year ending December 31,
2009, as follows: $600 from Account No. S1710.402, $5,000 from Account No.
S1710.406, $20,000 from Account No. S1710.409, and $35,000 from Account No.
S1720.406, with the sum of $6,600 to Account S1710.430, $50,000 to Account No.
S1720.430, and $4,000 to Account No. S1720.431.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Reynolds 14
Ayes, 0 Noes, 1 Absent
(Memo: The transfers approved by Resolution No.
204-09 were necessary to cover unbudgeted consulting audit costs and
unanticipated higher costs for claimant medical and mileage.)
RESOLUTION
NO. 205-09
TRANSFER OF FUNDS FROM
CONTRIBUTED RESERVES ACCOUNTS
TO SELF-INSURANCE PLAN ACCOUNT
Offered by:
Personnel and Ways and Means Committees
RESOLVED:
1. That the sum of $245,000 is transferred
to cover insufficient funds for the Plan year ending December 31, 2009, as
follows: $22,700 from Account No. S853.0000 and $222,300 from Account No.
S882.0001, to Account No. S1720.430.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Reynolds 14
Ayes, 0 Noes, 1 Absent
(Memo: The transfers approved by Resolution No.
205-09 were necessary to cover overruns in claimant medical, primarily due to
two significant volunteer fire events which resulted in multiple surgeries and
extended hospital stays.)
RESOLUTION INTRO. NO. 217-09 (APPROVAL OF AGREEMENT WITH COVENTRY
WORKERS’ COMP SERVICES) was WITHDRAWN following a motion made by Legislator
Hall, seconded by Legislator Ungermann and carried.
Resolution Intro. No. 218-09 (Resolution Creating the Position of Correction Master Sergeant in the Sheriff’s Department) was not pre-filed and was considered from the floor on a motion made by Legislator Hall, seconded by Legislator Hopkins and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION
NO. 206-09
RESOLUTION CREATING THE POSITION OF
CORRECTION MASTER SERGEANT IN THE SHERIFF’S
DEPARTMENT
Offered by: Personnel Committee
RESOLVED:
1. That
the position of Correction Master Sergeant is hereby created.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Hopkins 10
Ayes, 4 Noes, 1 Absent
Voting
No: Benson, Hopkins, O’Grady, Pullen
(Memo: The position created by Resolution No. 206-09
will replace the existing title of Assistant Jail Administrator. It will not result in a new hire.)
Resolution Intro. No. 219-09
(Resolution Approving Snow Removal and Ice Control Contract between
RESOLUTION
NO. 207-09
RESOLUTION APPROVING SNOW
REMOVAL AND ICE CONTROL CONTRACT BETWEEN
Offered by:
Public Works Committee
Pursuant to Highway Law § 135-a
WHEREAS, the Public Works Committee and the County Superintendent
of Public Works have recommended to this Board that they approve the proposed
contract between the County of Allegany and the Town of Birdsall in Allegany
County for the removal of snow from County Roads and for sanding or otherwise
treating them for the purpose of removing the danger of snow and ice, now,
therefore, be it
RESOLVED:
1. That Snow Removal and Ice Control
Contract between the County of Allegany and the Town of Birdsall in Allegany
County for a term covering one (1) season beginning and ending with the
2009-2010 snow season, is approved.
2. That an executed duplicate original of
such Contract shall be filed in the office of the Clerk of this Board along
with a certified copy of such Town Board resolution approving such Contract.
3. That the Clerk of this Board is
directed to send a certified copy of this resolution to the Town Clerk of such
Town for filing in his or her office.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Pullen 14
Ayes, 0 Noes, 1 Absent
AUDITS:
A motion was made by
Legislator Truax, seconded by Legislator Hopkins 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 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $2,528,739.93
including prepaid expenses, be approved for payment as recommended by the
County Administrator (Voting No:
Ungermann). (
Legislator
O’Grady questioned if all of the funds for the Genesee River Mitigation Project
had been recouped from the state.
COMMENTS:
Legislator Pullen
encouraged support for the annual program conducted by Social Services whereby
individuals and agencies can sponsor a child involved with County services by
providing Christmas gifts, as a way of showing concern for our disadvantaged
youth.
Legislator Ungermann
urged everyone to volunteer an hour of their time to ring the Salvation Army
kettle bell. It’s a humbling experience
and a way of getting in touch with the taxpayers of the County.
ADJOURNMENT: The meeting was adjourned at 2:45 p.m. on a motion made by Legislator
Truax, seconded by Legislator Pullen and carried.