ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

 

OCTOBER 13, 2009

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 Army Specialist 4th Class Virgil Garner.

 

INVOCATION:  The Invocation was given by Legislator Pullen.

 

ROLL CALL:  13 Present; 2 Absent (Legislators Reynolds and Truax).

 

APPROVAL OF MINUTES:

 

            The Committee of the Whole meeting minutes of September 14, 2009, were approved on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall presented a certificate to Virgil Garner, former United States Army Specialist 4th Class, in grateful appreciation of his service to our Country.  Mr. Garner’s service dates were from June 1965 to May 1967.  Following Basic Training at Fort Dix, NJ, Mr. Garner was stationed in Fort Sam Houston, Texas, where he took Medical Training, and he served overseas in Germany.  Mr. Garner 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 recognized Legislator Dwight Fanton for having successfully completed the course requirements of the Dennis A. Pelletier Institute in September 2009, at the annual NYSAC Conference.  This is a comprehensive, educational program for County officials developed jointly by New York State Association of Counties and Cornell University.

 

            Chairman Crandall granted privilege of the floor to the following:

 

            Allegany County Area Foundation Executive Director Robert Christian shared information about the Foundation.  They cover a wide array of collecting donations and distributing those funds throughout the County by way of grants and awards.  Mr. Christian thanked the Board for their support.  Over the past year, their 25th anniversary, they were able to give back to the community over $260,000 in grants and scholarships.  Although the present year has been a challenge with the condition of the markets, they are still giving many scholarships and some grants to smaller organizations throughout the County.  On behalf of the Board, Chairman Crandall presented Mr. Christian with a check for the Foundation drawn from the Legislators' flower fund.

 

            William Heaney spoke about the Bare Knuckle Boxing Hall of Fame activities to be held in Belfast during the coming weekend.  He highlighted a schedule of events and summarized some of the history surrounding the dedication of the Hall of Fame.  Celebrities from all over the country will be participating.  Mr. Heaney distributed information on John Sullivan, who was trained and rehabilitated by William Muldoon at his barns in Belfast in 1889.  Sullivan then went on to become the undisputed bare knuckle boxing champion of the world by defeating his opponent Jake Kilrain in Richburg, Mississippi in a 75-round fight that lasted nearly three hours.  The barns that Sullivan trained in are currently being moved to a new location and will become a tourist stop and museum.

 

            Helen Evans, Allegany/Western Steuben Rural Health Network Program Coordinator addressed the Board on Aging in Place Week.  The Rural Health Network and the Community Partnership on Aging started a project to look at Allegany County and its prospect for people being able to age in place and do so with dignity and quality of life.  In the process, they created the Allegany County Strategic Plan for Aging in Place, which has been reviewed by the County's Comprehensive Planning Committee.  They received state recognition as one of three counties in the state to obtain a New York State Office for the Aging Community Empowerment for Successful Aging Grant.  Through the Community Partnership on Aging, they have embarked on celebrating Aging in Place Week, looking for communities to embrace seniors living in a community to be able to do so with quality of life, dignity, and respect.  Ms. Evans highlighted some of the events already taking place during the week.

 

            Linda Devlin, Executive Director of the Allegheny National Forest Visitors' Bureau, McKean County Tourism, gave a presentation on their newest endeavor, which includes a hard-cover book entitled, "Pennsylvania Crude - Boomtowns and Oil Barons" and the accompanying Road Trip Driving CD.  This is an educational marketing project to increase awareness of the area's rich oil heritage and linking key attractions to establish the area as a multi-day tourism destination.  The project encompasses six counties: Butler, Venango, Crawford, Warren, and McKean Counties in Pennsylvania, and Allegany County in New York State.  They worked with a variety of funding partners, including state and federal.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

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

 

            1.         2010 Allegany County Tentative Budget.

 

            2.         Report of Intrafund Transfers approved by the County Administrator in September.

 

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

 

            4.         Board Meeting Minutes of September 28, 2009 for review.

 

The following communications were also acknowledged:

 

            1.         The County Treasurer filed a copy of the Audit Report for the Year Ended December 31, 2008, prepared by the firm of Eldredge, Fox & Porretti in the Clerk of the Board’s Office on September 28, 2009.

 

            2.         Notice of next InterCounty Association meeting to be hosted by Wyoming County on October 16 in Warsaw.

 

            3.         Correspondence from Senator Catharine Young confirming receipt and support of our resolution opposing the closure of the NYS DEC Forestry Office in Belmont along with a copy of her News Release and letter to the Governor regarding this matter.

 

            4.         Correspondence from Allegany County Cancer Services President Lori Ballengee thanking the Board for its support.

 

            5.         Notice from the Allegany Business Center that they are presenting a Grant Opportunities Workshop on October 28 from 6 to 7 p.m. at the Crossroads Commerce and Conference Center.

 

PROCLAMATION:

 

            Chairman Curtis Crandall proclaimed October 17, 2009, as Bare Knuckle Boxing Hall of Fame Day in Allegany County in recognition of its existence and importance to our local, national, and international history.

 

            Chairman Curtis Crandall proclaimed the week of October 12 to 17, 2009, as Aging in Place Week in Allegany County to encourage residents to become proactive in planning for their future and raise awareness of the various services available to make independent living work for as long as possible.

 

INTRODUCTION OF LEGISLATION:

 

            Legislator Theodore Hopkins introduced Local Law Intro. No. 2-2009, Print No. 1, entitled, “A Local Law to Provide Increases in the Compensation of Certain County Officers,” a copy of said proposed Local Law having been placed on each legislator’s desk.

 

RESOLUTIONS:

 

RESOLUTION NO. 176-09

 

RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW

TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS

 

Offered by:  Ways and Means Committee

           

            WHEREAS, on this 13th day of October, 2009, a local law (Intro. No. 2-2009, Print No. 1) was introduced to provide increases in the compensation of certain County officers, and

 

            WHEREAS, it will be necessary to set a date for public hearing on said proposed local law, now, therefore, be it

 

            RESOLVED:

 

            1.         That a public hearing shall be held on October 26, 2009, at 2:00 p.m. in the County Legislators' Chambers, Room 221, County Office Building, Belmont, New York, before the Allegany County Board of Legislators, in relation to proposed Local Law Intro. No. 2-2009, Print No. 1.

 

            2.         That the Clerk of the Board of Legislators is directed to prepare, with the assistance of the County Attorney, a notice of said public hearing, to cause the publication of a copy of said notice in each of the two newspapers which have been officially designated by this Board to publish "notices," and to affix a copy of said notice on the County bulletin board in the County Courthouse at Belmont, New York; both publication and posting to be made at least five days before the public hearing.

 

            Moved by:  Mr. Hall                                                                                      Adopted:  Roll Call

            Seconded by:  Mr. Hopkins                                                          13 Ayes, 0 Noes, 2 Absent

 

RESOLUTION NO. 177-09

 

MEMORIALIZING THE GOVERNOR AND THE LEGISLATURE OF

THE STATE OF NEW YORK TO ADOPT BILL NOS. S.6004/A  AND A.7504-B

RELATIVE TO COLLATERAL SOURCES

 

Offered by:  Ways and Means Committee

 

            WHEREAS, under current state law, public employees hurt on the job are paid twice, both times out of the taxpayer’s pocket for the same lost future earnings; and

 

            WHEREAS, there is a bill proposed by the NYS Trial Lawyers Association that has now been introduced in the Legislature, (S.6004/A, formerly S.4080-A, by Senator Schneiderman; A.7504-B, formerly A.7504.A, by Assemblyman Weinstein), which, in addition to ending the unfair double recoveries against public employers, removes an impediment to the settlement of tort actions; and

 

            WHEREAS, the bill would protect all parties in the lawsuit, (including public employer defendants), who settle the case from then being subjected to a claim by a health benefit provider or other collateral source payer for reimbursement of monies paid to the plaintiff, unless there is a statutory right to such reimbursement, thereby encouraging settlement; now, therefore, be it

           

            RESOLVED:

 

            1.         That this Board of Legislators does hereby memorialize the Governor and the Legislature of the State of New York supporting these bills and urges our lawmakers to vote into law.

 

            2.         That certified copies of this resolution shall be forwarded to Governor David A. Paterson; Counsel to the Governor Peter J. Kiernan;  New York State Senate Majority Leader Pedro Espada, Jr.; New York State Senate President Malcolm A. Smith; New York State Senate Democratic Conference Leader John L. Sampson; Senator Catharine M. Young; New York State Assembly Speaker Sheldon Silver; New York State Assembly Majority Leader Ron Canestrari; New York State Assembly Minority Leader Brian M. Kolb; Assemblyman Daniel J. Burling; and Assemblyman Joseph M. Giglio.

 

            Moved by:  Mr. Hopkins                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. Pullen

 

RESOLUTION NO. 178-09

 

RESOLUTION OPPOSING A NEW STATE FEE FOR ISSUING LICENSE PLATES

 

Offered by:  Legislator Daniel Russo

 

            WHEREAS, this legislative body has a record of advocating for the best interests of the residents of Allegany County, and

 

            WHEREAS, members of this legislative body have registered opposition to the more than 100 tax and fee increases included in the 2009-2010 state budget approved by state lawmakers and the Governor, noting that these increases occur during a prolonged recession, and

 

            WHEREAS, another new state fee will add to the costs being borne by state residents, with motorists required to exchange license plates and exchange those license plates with new state-issued license plates at a cost of $25 each, and

 

            WHEREAS, there is an additional expense of $20 for motorists who wish to keep the same license plate number, and

 

            WHEREAS, County Clerks, including Allegany County Clerk Robert L. Christman, have stated their doubts regarding the effectiveness of the program, noting the last license plate exchange occurred a relatively short time ago in 2001 at a much reduced cost of $5.50, and

 

            WHEREAS, this legislative body is concerned about the high number of taxes and fees being imposed by the state during a recession and urges the Governor to delay or cancel implementation of the license plate exchange fee, scheduled to go into effect in April, 2010, now, therefore, be it

 

            RESOLVED:

 

            1.         That this legislative body does hereby declare opposition to the license plate exchange fee, noting concerns about the effectiveness and need of the program and the costs for New Yorkers already coping with the ongoing recession, and urges that the implementation of the exchange program be cancelled or delayed.

 

            2.         That the Clerk of this legislative body is hereby directed to transmit copies of this resolution to Governor David A. Paterson, State Senator Catharine M. Young, Assembly Majority Leader Ron Canestrari, Assemblyman Joseph M. Giglio, and Assemblyman Daniel J. Burling.

 

            Moved by:  Mr. Russo                                                                             Adopted:  Voice Vote

            Seconded by:  Mr. Fanton

 

Comments made regarding Resolution No. 178-09 included:

 

Legislator Russo thanked County Clerk Robert Christman for helping to put the resolution together.  This state proposal will require vehicle owners to change plates, charging them $25 and an additional $20 if they want to keep the same number.  Asking people to pay $45 during a time of recession when things are tight is absurd.  Mr. Russo's research showed plates were changed as recently as 2001, and the plate change fee at that time was $5.50.

 

Legislator Dibble commented that Albany is being run by New York City, which has mass transportation.  We have to support that mass transportation by paying fees to drive.  It's not equitable.

 

Legislator Ungermann noted that this is just one of a hundred such taxes and fees that small businesses are forced to pay.  He cited other examples:  the fee for the privilege of selling cigarettes used to be $100, and is going to $1,000; to be able to sell coffee in a convenience store, the fee went from $100 to $400.

 

Legislator Pullen commented that in rural areas like this, we don’t have access to mass transit; we do need our vehicles.  This is not an avoidable expenditure.  The state doesn’t know when to stop.  The answer is to cut spending, not to continually raise fees.  Passing costs down to us, requiring localities to pay more, is the state's overall mindset.  It's not enough to balance the budget, they have to cut costs.  Mr. Pullen supported the resolution in hopes that we can get the message to Albany that enough is enough.

 

Legislator Kruger agreed with Mr. Pullen on telling the state that enough is enough.  The counties and NYSAC have been telling the state that for a long time.  We have to say no to these state mandates – that's the only answer.  The state will continue to ignore and continue unfunded mandates until they find it's impossible to force us to go along with them.

 

RESOLUTION NO. 179-09

 

REQUESTING NEW YORK STATE TO TAKE BACK LOCAL SHARE OF MEDICAID

AS A COMPONENT OF TRUE MEDICAID REFORM

 

Offered by:  Human Services Committee

 

            WHEREAS, a looming Medicaid crisis exists in New York State and has not been adequately addressed by our state representatives for many years, and

 

            WHEREAS, for nearly two decades, state legislatures have hidden behind their inability to pass an on-time state budget as an easy excuse for avoiding true Medicaid Reform, and

 

            WHEREAS, New York State is one of the few states nationwide that passes down a percentage of Medicaid costs to the county level, which in New York State amounts to 20 to 25 percent on average, and

 

            WHEREAS, our state leaders need to boldly step forward in a non-partisan fashion, make the hard hitting and decisive decisions, many of which may not be popular to voters at home, but which decisions will start us on the road to true Medicaid Reform, and

 

            WHEREAS, true Medicaid Reform will stem reverses in economic growth and migration away from New York State of businesses and taxpayers to more friendly environs, will stabilize economic impacts on health care providers, and will modernize current laws that allow for shielding of large levels of income by individuals who should pay for their care, and

 

            WHEREAS, without true reform, Medicaid will continue to grow and strip the likes of Allegany County of their vitality and any hope of fiscal stability for years to come, and

 

            WHEREAS, Allegany County is tired of bearing unfunded mandates and placing them on the backs of its taxpayers, and

 

            WHEREAS, Allegany County views New York State’s Medicaid Cap as nothing more than smoke and mirrors, and

 

            WHEREAS, true Medicaid Reform would include, as an integral part, New York State taking back all Medicaid costs passed down to counties, and

 

            WHEREAS, Allegany County proposes that the State of New York start taking back the local share, implementation of which should span a five-year period at the rate of twenty percent of the local share per year, so that at the conclusion of the five-year period the state would be bearing the full load of Medicaid, and

 

            WHEREAS, implementation of this program should not include offsetting by county revenues such as sales tax or the like, now, therefore, be it

 

            RESOLVED:

 

            1.         That the Allegany County Board of Legislators requests that the State of New York, as part of larger true Medicaid Reform, take back the local costs paid by counties statewide, which program should be implemented over a five-year period at the rate of twenty percent per year, so that at the end of that term the State of New York shall bear all Medicaid costs statewide without contribution by offset or otherwise from counties.

 

            2.         That the Clerk of this Board shall forward copies of this resolution to Governor David A. Paterson, Senators Charles E. Schumer and Kirsten Gillibrand, U.S. Representative Eric Massa, New York State Senator Catharine M. Young, and New York State Assemblymen Daniel J. Burling and Joseph M. Giglio.

 

            Moved by:  Mr. Dibble                                                                            Adopted:  Voice Vote

            Seconded by:  Mr. Fanton

 

Comments made regarding Resolution No. 179-09 included:

 

Legislator Kruger stated that here again is one more unfunded mandate.  The $45 license plate fees will be a drop in the bucket compared to the fees that the state will have to come up with in order to take over the counties' present share of Medicaid.

 

Legislator Pullen commented that his understanding is that about 53 to 55 percent of the entire state budget is absorbed in the cost of Medicaid.  In addition to that, a significant portion of the Medicaid program is shifted to the counties.  That is only done in one other state in the country.  New York's Medicaid program offers superior insurance compared to what many of us could buy outright, and you have to be indigent to get it.  While debating health care reform, the state is providing a "Cadillac" program that the wealthiest of us can't buy.  There needs to be limits, and people need to be aware of the costs.  We are providing an incentive for people not to work, because they don’t want to lose their Medicaid benefits.  The system will continue to run out of control making funding unavailable for other worthwhile programs.  New York State spends more for Medicaid than California, which has more than double our population.

 

Legislator Dibble noted that Medicaid is a federal program that the states run.  The solution may be federal legislation stating that the states can’t pass Medicaid costs down to the county level.

 

RESOLUTION NO. 180-09

 

A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE

2008 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED WITH REGARD TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN;

DIRECTING MAILING OF NOTICES OF APPROVAL OF APPLICATIONS FOR CORRECTED TAX ROLLS AND ORDERING THE VARIOUS TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS;

PROVIDING FOR CHARGE BACKS OR CREDITS

 

Offered by:  Ways and Means Committee

 

Pursuant to Real Property Tax Law § 554

 

            WHEREAS, applications, for the taxpayers hereafter described, have been made to the County's Director of Real Property Tax Service Agency, for the correction of certain errors affecting their real property on various tax rolls, and

 

            WHEREAS, the Director has transmitted to this Board the applications, in duplicate, together with a written report of his investigation of the claimed errors and his written recommendation for action thereon by this Board as to each application, and

 

            WHEREAS, this Board has examined each application and report to determine whether the claimed error exists, now, therefore, be it

 

            RESOLVED:

 

            1.         That with regard to the applications for the named taxpayers pertaining to claimed errors regarding their real property on the respective tax rolls of the named towns, this Board of Legislators does determine that the claimed errors as alleged in those applications exist and does approve those applications.

 

            2.         That the Chairman of this Board is authorized and directed to make a notation on those applications and the duplicates thereof that they are approved, to enter thereon the respective correct extension of taxes as set forth by the Director in his report, to enter thereon the respective date of mailing of a notice of approval, to enter thereon the date of mailing of a certified copy of this resolution to the proper Tax Collector, and to sign thereon as Chairman.

 

            3.         That the Clerk of this Board is directed to mail to the below listed taxpayers a notice of approval stating, in substance, that their application made has been approved, to inform the Chairman of this Board of the date of the mailing thereof, and to inform such respective taxpayers of the applicable provisions of subdivision seven of Section 554 of the Real Property Tax Law.

 

            4.         That the Tax Collector of the Town of Almond is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         Cornerstone Homes, Inc.,    Michael & Renee Evingham:  Parcel 139.-1-18

                        Assessment:  Land $37,700 Total $37,700

 

this parcel is a duplicate parcel and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

 

Allegany County                      $617.19

Town                                           325.88

Fire                                               17.70

School Relevy                           210.66

Total                                      $1,171.43

 

            5.         That the Tax Collector of the Town of Wellsville is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         Macauley, Jacqueline:  Parcel 252.-1-80./3

                        Assessment:  Land $7,500 Total $7,500

 

this parcel was included in a mobile home park, and the County Treasurer is directed to make the following charges on her books:

 

Allegany County                        $67.89

Town                                             46.61

Total                                         $114.50

 

            6.         That the Clerk of this Board is directed to forthwith mail a certified copy of this resolution to the various Tax Collectors for the towns stated above together with the original copies of those applications completed in accordance with section two of this resolution.

 

            7.         The Clerk of this Board shall mail a copy of this resolution to the above named school and the amount to be charged to each school shall not be charged until 10 days after such mailing.  Such amount shall be deducted by the County Treasurer from the money payable to each school as a result of school taxes returned after the date such amount is charged and which shall be paid to each school after May 1, 2010.  The County Treasurer shall send a written notice to each school of the amount of such deduction prior to May 1, 2010.

 

            Moved by:  Mr. Hopkins                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Hall                                                                  13 Ayes, 0 Noes, 2 Absent

 

RESOLUTION NO. 181-09

 

INCREASING APPROPRIATION AND REVENUE IN

OFA – TITLE VII ELDER ABUSE ACCOUNT

 

Offered by:  Human Services and Ways and Means Committees

 

            WHEREAS, the Office for the Aging has advised that OFA –Title VII Elder Abuse appropriation and revenue accounts should be increased due to an increase in federal funds for such accounts, now, therefore, be it

 

            RESOLVED:

 

            1.         That the sum of $1,512 is appropriated to Account No. A6781.402 (OFA – Title VII Elder Abuse – Mileage), with a like sum credited to Revenue Account No. A11.4772.05 (OFA Elder Abuse – Title VII Program).

 

            Moved by:  Mr. Pullen                                                                                  Adopted:  Roll Call

            Seconded by:  Mr. Russo                                                              13 Ayes, 0 Noes, 2 Absent

 

RESOLUTION NO. 182-09

 

ACCEPTANCE OF FUNDS FROM NEW YORK MUNICIPAL INSURANCE RECIPROCAL (NYMIR) AND APPROPRIATION OF SAME TO RISK RETENTION ACCOUNTS

 

Offered by:  Ways and Means Committee

 

            WHEREAS, a check was received in the amount of $506.75, representing a reimbursement less a $200 deductible, for expenses associated with the repair of a 2007 Dodge Caliber assigned to Office for the Aging that was damaged when the vehicle struck a dog on August 31, 2009, now, therefore, be it

 

            RESOLVED:

 

            1.         That the sum of $506.75, representing reimbursement to repair damages of a 2007 Dodge Caliber, is accepted.

 

            2.         That the accepted sum of $506.75 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. Hopkins                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                             13 Ayes, 0 Noes, 2 Absent

 

RESOLUTION NO. 183-09

 

TRANSFER OF FUNDS WITHIN EMPLOYMENT AND TRAINING

APPROPRIATION ACCOUNTS

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That the transfers of the following appropriations are approved:

           

            From:                                                  To:                                        Amount:

 

            CD16400.101                                   CD16406.101                      $ 8,000

            CD16400.101                                   CD16410.101                       10,000

            CD16400.101                                   CD16402.474                         5,000

            CD16403.101                                   CD16412.101                         9,000

            CD16794.101                                   CD16400.411                         4,000

            CD16400.806                                   CD16406.806                         4,000

            CD16400.806                                   CD16410.806                         5,000

            CD16403.806                                   CD16412.806                         4,000

 

                                                                                        Total                     $49,000

 

            Moved by:  Mr. Hopkins                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Hall                                                                  13 Ayes, 0 Noes, 2 Absent

 

RESOLUTION NO. 184-09

 

APPROVAL OF AGREEMENTS WITH APPROVED PROVIDERS OF

PROGRAMS, SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That Agreements titled "County of Allegany Contract for Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with Pathways, Inc., for the period September 1, 2009, to August 31, 2010, and Friendship Central School for the period July 1, 2009, to August 31, 2010, are approved.

 

            2.         That the Chairman of this Board is authorized to execute such Agreements.

 

            Moved by:  Mr. Russo                                                                                  Adopted:  Roll Call

            Seconded by:  Mr. Hall                                                                      12 Ayes, 1 No, 2 Absent

                                                                                                                                   Voting No:  Kruger

 

Comments made regarding Resolution No. 184-09 included:

 

Legislator Pullen stated that this program for preschoolers with disabilities is more an educational program than anything the county government has historically been involved in, but the state mandates that counties are responsible for administration.  One reason may be that they give a higher ratio of reimbursement for educational school programs than they do for county programs.  Not only are they shifting spending to lower levels of government, but they're doing it in a way that makes no structural sense, just to save their own dollar.  Mr. Pullen was voting in favor of the resolution, but it needs to be pointed out that this should be done under education through the school system.

 

Legislator Kruger noted that although we have to pay for the program, we have no oversight.  He stated that he would be voting against the resolution to buck the state on this unfunded mandate.  It's never going to change any other way.  Mr. Kruger referenced the public outcry against the nuclear waste dump site, which was ultimately stopped.

 

RESOLUTION NO. 185-09

 

RATIFYING AND APPROVING LETTER AGREEMENT WITH

NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR

A DIGITAL FINGERPRINTING SYSTEM;

AUTHORIZING SHERIFF TO EXECUTE LETTER AGREEMENT

 

Offered by:  Public Safety Committee

 

            RESOLVED:

 

            1.         That Letter Agreement dated August 24, 2009, between New York State Division of Criminal Justice Services and the County of Allegany for a digital fingerprinting system with a payment of $1,600 as an initial deposit is ratified and approved.

 

            2.         That the Allegany County Sheriff is authorized to execute the Letter Agreement.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              13 Ayes, 0 Noes, 2 Absent

 

RESOLUTION NO. 186-09

 

APPROVAL OF AGREEMENT BETWEEN COUNTY OF ALLEGANY AND

ALLEGANY COMMUNITY DEVELOPMENT SERVICES, INC. (ACDSI)

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That the Agreement between the County of Allegany and Allegany Community Development Services, Inc. (ACDSI) for the financial administration and management services for the Allegany County Revolving Loan Fund is approved.

 

            2.         That the Chairman of this Board is authorized to execute such Agreement.

 

            Moved by:  Mr. Hopkins                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Hall                                                                  13 Ayes, 0 Noes, 2 Absent

 

RESOLUTION NO. 187-09

 

APPROVAL OF LEASE-PURCHASE AGREEMENT FOR

A KYOCERA TASKALFA 820 COPY MACHINE;

AUTHORIZING CLERK OF THE BOARD TO EXECUTE

LEASE-PURCHASE AGREEMENT

 

Offered by:  Ways and Means Committee

 

            WHEREAS, the lease on the County’s large central service copier expires on September 30, 2009, and

           

            WHEREAS, the Clerk of the Board of Legislators distributed the competitive bids that were submitted for the lease-purchase of a new copy machine for the County, and

 

            WHEREAS, the competitive bid for the lease-purchase of a new copy machine has been awarded to Kyocera Mita America, Inc., c/o James B. Schwab Company, and

 

            WHEREAS, Kyocera Mita America, Inc. has submitted a 36-month lease-purchase agreement for an estimated monthly payment of $569, now, therefore, be it

 

            RESOLVED:

 

            1.         That the lease-purchase agreement between the County of Allegany and Kyocera Mita America, Inc. from October 1, 2009, to September 30, 2012, is approved.

 

            2.         That the Clerk of the Board of Legislators is authorized to execute such lease-purchase agreement and other documents necessary to complete the transaction.        

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              13 Ayes, 0 Noes, 2 Absent

 

            Resolution Intro. No. 198-09 (Resolution in Opposition of New York State Department of Transportation [NYSDOT] Reasonable Access Highway Regulation) was not pre-filed and was considered from the floor on a motion made by Legislator Fanton, seconded by Legislator Pullen and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.

 

RESOLUTION NO. 188-09

 

RESOLUTION IN OPPOSITION OF NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT)

REASONABLE ACCESS HIGHWAY REGULATION

 

Offered by:  Ways and Means Committee

 

            WHEREAS, the Allegany County Board of Legislators recognizes the need of large transport trucks to supply our communities and farms, and

 

            WHEREAS, large agricultural trucks are using highways through our region to deliver local goods outside and within the region and also act as a safer and faster alternative to Interstate highways, and

 

            WHEREAS, proposed New York State Department of Transportation (NYSDOT) route restrictions for the Finger Lakes region will cause a negative economic impact on our agricultural community creating millions of dollars of increased costs to an already struggling industry, and

 

            WHEREAS, the New York State Department of Transportation (NYSDOT) has promulgated regulations to restrict routes in the Finger Lakes region with the likelihood of restrictions also being imposed within Allegany County that will create severe economic difficulties by limiting truck traffic in the County, and

 

            WHEREAS, these restrictions will result in many agricultural trucks being eliminated from certain routes within the County and require the establishment of alternative routes which will be more expensive for agricultural businesses, and

 

            WHEREAS, food costs for consumers will rise due to the additional costs borne by the agricultural community and for transportation to markets, now, therefore, be it

 

            RESOLVED:

 

            1.         That this Board of Legislators urges Governor Paterson and the New York State Department of Transportation to rescind the proposed regulations as quickly as possible.

 

            Moved by:  Mr. Fanton                                                                            Adopted:  Voice Vote

            Seconded by:  Mr. Pullen

 

Comments made regarding Resolution No. 188-09 included:

 

Legislator Ungermann felt that these regulations were a result of people not wanting to be inconvenienced by truck traffic in the very tourist-oriented area around the Finger Lakes.  That may be where it started, but it will eventually happen everywhere.  When we start looking at the environmentally green movement, it should be pointed out that the emission control on big trucks cause them to burn 20 percent more fuel.  He fails to understand how burning more fuel and driving more miles getting to the destination is better for the environment.

 

Legislator Pullen commented that if he was more impressed with the state’s ability to plan, he might be more comfortable with them laying out these routes, but he's not impressed with the state's ability to plan and run their own business.  He doesn’t want the state telling agricultural producers and others in that field how to run their business.  New York Farm Bureau is behind this effort and requested it.  Let business run business.  The state should stay out of areas where they don't belong.

 

AUDITS:

 

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

 

            A motion was made by Legislator Hopkins, seconded by Legislator Dibble and adopted on a roll call vote of 13 Ayes, 0 Noes, 2 Absent, that the audit of claims, totaling $3,288,693.81 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 $6,350,668.)

 

COMMENTS:

 

            Legislator Dibble reported on his recent canoe trip to look at a six-mile stretch of the Genesee River with Representative Massa.  During the spring thaw, if there is a lot of ice pack in the hills, that volume of run-off added to the rains causes the loss of a lot of property to Lake Ontario via the river.  They are trying to solve the problem at the federal level, and he is encouraged with the progress.

 

            Chairman Crandall commented on the movie and other events for the kick-off of Aging in Place Week.  There are a lot of things going on in the County.

 

            Legislator Pullen noted that earlier today, a ground-breaking ceremony took place for the new Office for the Aging and Veterans' Agency facility at the Crossroads location.  This is long overdue; we can’t get our personnel into those facilities soon enough.

 

ADJOURNMENT:  The meeting was adjourned at 3:25 p.m. on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried.