ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

OCTOBER 26, 2009

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CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:15 p.m. by Chairman Curtis W. Crandall.

PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Army Major H. Scott Spillane.

INVOCATION: The Invocation was given by Legislator Reynolds.

ROLL CALL: 15 Present; 0 Absent.

APPROVAL OF MINUTES:

The Board meeting minutes of September 28, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried.

The Board meeting minutes of October 13, 2009 were approved on a motion made by Legislator Reynolds, seconded by Legislator Hopkins and carried.

PUBLIC HEARING:

Chairman Crandall closed the regular meeting to hold a public hearing on Local Law Intro. No. 2-2009 entitled, “A Local Law to Provide Increases in the Compensation of Certain County Officers.” Comments from the public included the following:

William Wilson from Scio voiced his contention that since the federal government has already said there is no inflation, and there will be no cost-of-living allowances for Social Security recipients, there is no point in granting a six-plus percent increase in these people’s compensation. It may be that the Legislature is satisfied with them, and they may be doing a very good job, which is what they’re expected to do for their pay. If they are dissatisfied with their positions because of what they’re being compensated, then let them seek employment elsewhere. There would be a number of people in this County who would be qualified for those positions. The County taxpayers can’t afford this. A lot of people are retired and can do nothing about their income; they are at the mercy of forces they can do nothing about. This is something the legislators can do something about. Mr. Wilson was not saying these people are doing a bad job, but when they were hired, they knew what the compensation for the position would be. If they are dissatisfied, let them make a public point of it and maybe something can be done, but there shouldn’t be any reason for dissatisfaction with what their compensation and benefit packages are. Mr. Wilson didn’t see the need at this point to add to the taxpayers’ burden.

As there were no further comments, the public hearing was declared closed, and the Board reconvened in regular session.

PRIVILEGE OF THE FLOOR:

Chairman Crandall presented a certificate to H. Scott Spillane, former United States Army Major and current Veterans’ Service Agency Director, in grateful appreciation of his service to our Country. Mr. Spillane’s service dates were from August 1967 to September 1996. Following Basic Training at Fort Polk, LA, his duty stations included Fort Polk, LA; Fort Knox, KY; and Fort Totten, NC. Overseas duty included the Vietnam War. Commendations received included: Combat Infantry Badge, Bronze Star Medal, Purple Heart, Meritorious Service Medal (2), Army Achievement Medal, and Gold Badge Recruiting Badge. Mr. Spillane 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 the November 2009 Employee of the Month, Cheryl Wesche, from the Department of Social Services, in recognition of her hard work and dedication to the County.

Chairman Crandall granted privilege of the floor to the following:

Gretchen Gary, Executive Director of the Soil and Water Conservation District, presented the Agricultural Environmental Management (AEM) Farmer of the Year Award for Allegany County to Jay, Joanne, and Kristin Cockle of Fillmore for their farm’s commitment to soil and water conservation. The AEM roadside signs are well recognized in the farming community across New York State to designate farms with environmental pride. They help to make the public aware of this high level of commitment to protect the environment. Piloted in New York State, AEM is a nationally recognized, voluntary program encouraging farmers to run cleaner and greener. The program provides farmers with technical assistance and financial resources to keep soil nutrients on the farm and the community’s water clean. Ms. Gary gave a short history of the Cockle farm, and listed some of the recent project accomplishments.

David Pullen, Chairman of the Court Facilities and County Space Needs Committee, read a prepared statement regarding the Court Facilities Project lawsuit by the Allegany County Citizens for Responsible Government:

“The big news last week was that the self-proclaimed “Citizens for Responsible Government” has commenced a lawsuit against Allegany County. That claim, like almost everything else about this group and this suit, is wrong, inaccurate and/or false. The truth is that their lawsuit has not actually been commenced. Their paperwork is riddled with mistakes and errors. As a practicing attorney I would be embarrassed and ashamed to allow such documents out of my office with my name on them. Why would the leaders and attorney for this group act in such an irresponsible manner? The circumstances and surrounding facts provide a clear and unmistakable answer to that question. Their motivation is purely political.

Why did they file their papers when they did? For three months they have threatened to bring this suit. Now, exactly two weeks before the election they file their papers. Why now? The answer is obvious. Two weeks provides enough time for them to get some media coverage, but not enough time to actually have anything decided by the Courts.

Why do these people want media coverage? Once again, the answer is obvious. The attorney who brought the suit for this group is the Democratic candidate for District Attorney. The person who signed the verification is the Chairperson of the Allegany County Democratic Party. The most outspoken supporters of the suit are Legislators Ungermann and Kruger. Unfortunately, Legislator Ungermann didn’t do nearly as well in his primary as he may have expected. Legislator Kruger lost his Republican primary election. These results must be hard to swallow for the self-proclaimed “voices” of the people. In my opinion this suit is a shameless gambit to gain publicity for these candidates and the Democratic Party. Unfortunately, the media has played along with them, and given them much more publicity than they deserve. Thankfully the voters seem perfectly capable of seeing through these ploys and voting on the merits.

If you have the opportunity, take a look at the Petition filed in the Clerk’s Office. It is legally and professionally pathetic. In my opinion, the attorney who filed this suit is incompetent and should be sanctioned by the Court. The Petition contains strike-outs and errors. It looks like a rough draft that got sent out by mistake. Maybe that is the best explanation for how this came to be filed. The Order to Show Cause is unsigned, and the proposed Temporary Restraining Order is incomplete, defective and ineffective.

The facts about this suit need to be known. We need to set the record straight. I urge this Board and the media to consider the following partial list of mistakes and misrepresentations:

1. The Petition was filed in the Allegany County Clerk’s Office on Tuesday afternoon, October 20. That filing did not commence a lawsuit against Allegany County. As of this morning, this group and their attorney have not commenced a lawsuit against us. They have not served a Summons, Notice of Petition, or Order to Show Cause. They have only filed some papers, some shoddy paperwork, in the County Clerk’s Office.

2. That paperwork contains strike-outs and corrections. Legislator Kruger was apparently going to be one of the Petitioners. However, his name is crossed out, which renders the Petition defective. The Petition states that this suit is being brought by the Allegany County Citizens for Responsible Government, which is an unincorporated association. CPLR §1025 authorizes the president or treasurer of an unincorporated association to commence an action on behalf of an association. However, the association cannot bring the suit in its own name. Apparently Attorney Ross Scott didn’t know that. No individual or officer is named. Why were these bold champions of the people unwilling to sign this Petition? I suspect it is because they know that to do so would expose them to sanctions for frivolous litigation, for damages, and to a requirement that they post a bond. Apparently none of these “responsible citizens” were willing to step up to the plate and take that risk. However, I don’t blame them. It was a wise choice given the flaws and deficiencies in this suit.

3. The Petition requests a Temporary Restraining Order and Preliminary Injunction against the County and State. However, the Petition fails to assert that there is any “irreparable harm” that would justify either a TRO or an Injunction. This is basic legal practice, something that every first-year law student should know. Didn’t Attorney Ross Scott know he had to claim “irreparable harm”? Or did he know that it was required, but simply couldn’t find any such harm to allege under oath?

4. The Petition asks the Court to issue a Temporary Restraining Order or Injunction, but fails to address the statutory requirement for an undertaking. I know that Attorney Ross Scott knew about this requirement, because I personally told him about it. He apparently decided to simply ignore the law. It appears that the members of this group have a pattern of simply ignoring facts and realities they disagree with or dislike. Fortunately, the legal system doesn’t tolerate that. General Municipal Law §51 specifically requires that the Court set the amount of a bond, and that the Petitioners post that bond.

5. The Petition claims that Public Authorities Law §1680-c is unconstitutional. This triggers a requirement that the Attorney General be served papers. However, Attorney Ross Scott fails to even name the Attorney General as a party. As of today he has not served the Attorney General. Didn’t he know that he had to serve the Attorney General? Maybe he did. Maybe he decided to ignore it. Maybe he didn’t really want the Attorney General to appear and defend this action. I would like to hear Attorney Ross Scott explain these obvious deficiencies.

6. The Petition claims that the court project is unnecessary and represents a “waste” of taxpayer money. However, the Petition actually contradicts itself. Paragraph 5 states “The Allegany County Courthouse was built in 1936, and is in need of such improvements as accommodations for disabled persons, an additional courtroom, attorney conference rooms, and better separation between the public, court personnel, and prisoners.” This language effectively concedes the only factual dispute in this case. It admits the only issue that OCA would have to prove. It removes any doubt that Allegany County needs to undertake a capital project. Attorney Ross Scott just gave away his entire case. Did he realize what he was doing? Did he understand the significance of this admission? Perhaps you can make sense of it. I can’t.

7. The Petition lacks a Summons or Notice of Petition, but includes an unsigned Order to Show Cause. Any Supreme Court Justice from the Eighth Judicial District could have signed that Order to Show Cause. Why didn’t the attorney for these “responsible citizens” get a Judge to sign their Order to Show Cause? They had over three months to do so. Maybe he didn’t know how? Maybe he didn’t know he needed to? As a result of this oversight, there is no actual case against Allegany County. There is no injunction. There is no Temporary Restraining Order. There is nothing. And that is exactly what this lawsuit amounts to at this time. Nothing.

8. The Petition alleges “upon information and belief” that Allegany County has violated the State Environmental Quality Review Act. However, it provides no affidavits or specific assertions to support these allegations. In truth, there are no facts to support these allegations.

9. The Petition asks the Court to set aside the Bond Resolution adopted on January 12, 2009. Apparently Attorney Ross Scott is unaware that our bond resolution included an Estoppel Procedure that requires all challenges to be brought within 20 days of its adoption. The Petition filed on October 20 is only nine months late. Apparently Attorney Ross Scott doesn’t know that the relief he requested is barred by statute.

10. The Petition claims that the County Legislature violated SEQRA by not including the purchase of the two houses on Court Street when it considered the Court Project. The Petition claims that the primary purpose for buying those properties was to provide parking for the Courthouse. Those claims are false. Parking has been a problem around the County Courthouse for years. It has absolutely nothing to do with the Courthouse Project. Legislators Ungermann and Kruger have said so themselves, repeatedly. No decision has been made regarding the precise use for these properties. They could be used to house the County Museum, or used for storage facilities. The Petition suggests that the Office for the Aging should have gone there. These allegations are pure speculation, nothing more.

All of this nonsense would be amusing, except for the potential downside to the taxpayers and residents of our County. We are in the midst of a serious recession. Very few building projects are currently underway. This is the perfect time to seek bids and award contracts. Contractors are excited about having a chance to do this work. This is also a good time to sell bonds for this project. Interest rates on municipal bonds track the rates on U.S. Treasury bonds, which are at historic lows. Any delay in awarding bids or selling bonds could increase our costs by millions of dollars. Is that what these people want? If they want to play their silly games they must put up a bond. They should pay the price for their foolishness. That risk should not fall on the taxpayers.

The leaders and attorney for the Allegany County Citizens for Responsible Government should be ashamed of themselves. They owe the taxpayers and residents of Allegany County an apology. They also owe an apology to their own members. The leaders have acted selfishly and irresponsibly. In my opinion Attorney Ross Scott has failed to demonstrate a minimum level of professional competence. The members of this group had a right to expect better from their leaders and their attorney. Instead these sincere citizens have been misled and exploited by their leaders.

Our citizens have a right to be upset about high taxes and unconscionable State mandates. They also have a right to hear the truth. You may not like what I say, and you may not agree with me, but you can count on the truth and accuracy of my facts.

So what happens now? I am prepared to make some predictions about that. I predict that the Court, whenever it acts, will refuse to grant a Temporary Restraining Order or Temporary Injunction. I predict that the Court will ultimately dismiss this suit against Allegany County, and will allow this project to move forward. I expect the Court to dismiss the suit against the State of New York and Judge Ann Pfau. However, that will depend in large part on how the State chooses to defend itself. We have no control over that. Finally, I hope and expect the Court to sanction Attorney Ross Scott and the leaders who brought this suit for wasting its time, and taxpayer resources. That would be a just and appropriate outcome.

The leaders of this group have shown their true colors. They are acting like traditional liberal Democrats. They can’t win at the polls or with the public, so they are now appealing to the Court System to set aside the decisions of the elected representatives of the people. By doing so they are claiming that they know better than the voters of Allegany County, or the leaders elected by those voters. I have great confidence in the ability of the voters to figure out exactly what is going on here. They will decide this one week from tomorrow on Election Day. I also have great confidence in the legal system in this area to know exactly what the law requires. It won’t take long for the Court to throw this case in the garbage, where it belongs.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

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

1. November 2009 Calendar of Board and Standing Committee meeting dates. Additions were noted.

The following communications were also acknowledged:

1. The County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Lien for property in the Town of Wellsville in the Clerk of the Board’s Office on October 15, 2009.

2. Correspondence from Assemblyman Daniel Burling acknowledging receipt and support of Allegany County’s resolution urging the Governor to appropriate ARRA money to dairy farmers, and Allegany County’s resolution opposing proposed anti-gun owner legislation in New York State.

3. Correspondence from the Allegany County Area Foundation thanking the Board for its donation and continued support.

4. Reminder that the Allegany Business Center will be holding a Grant Opportunities Workshop from 6 to 7 p.m. at the Crossroads Commerce & Conference Center on October 28.

5. Invitation from the Southern Tier West Regional Planning and Development Board to attend a retirement party for Executive Director Donald Rychnowski at the Premier Banquet Center in Olean on December 10, 2009.

6. Correspondence from the Allegany County Citizens for Responsible Government (ACCFRG) regarding the Courthouse Project.

PROCLAMATION:

Chairman Crandall proclaimed the week of October 25-31, 2009, as Winter Weather Awareness Week in Allegany County, and urged all citizens to prepare for the upcoming season by heeding the advice and information from the emergency management community so that they can enjoy winter with a greater sense of comfort and safety.

Chairman Crandall proclaimed the week of October 25, 2009, as Agricultural Environmental Management (AEM) Week in Allegany County, in recognition of AEM’s goal of protecting and enhancing the environment while maintaining the economic viability of agriculture.

RESOLUTIONS:

RESOLUTION NO. 189-09

ADOPTION OF LOCAL LAW INTRO. NO. 2-2009, PRINT NO.1, IN RELATION TO

A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF

CERTAIN COUNTY OFFICERS

Offered by: Ways and Means Committee

RESOLVED:

1. That proposed Local Law, Intro. No. 2-2009, Print No. 1, is adopted without any change in language, to wit:

COUNTY OF ALLEGANY

Intro. No. 2-2009 Print No. 1

A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF

CERTAIN COUNTY OFFICERS

BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows:

Section 1. Commencing January 1, 2010, the annual salary of the incumbents of the following County offices shall be as follows: Real Property Tax Director - $52,819; County Clerk - $58,968; Personnel Officer - $51,101; Public Works Superintendent - $68,517; Sheriff - $61,200; Public Health Director - $66,128; Employment and Training Director - $60,574.

Section 2. This local law shall take effect on the date of its filing with the Secretary of State.

Moved by: Mr. Reynolds Adopted: Roll Call

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

Voting No: Kruger, McCormick, Russo, Ungermann

(Memo: Following adoption per Resolution No. 189-09, Local Law Intro. No. 2-09 is now subject to a 45-day period allowed for permissive referendum. If no petitions are received during that time, the local law will be filed with the Secretary of State and assigned its number, which will be Local Law No. 2-09, barring any local laws being approved in the interim.)

Comments made regarding Resolution No. 189-09 included the following:

Legislator Kruger noted that members of the public rarely speak out at public hearings, but a gentleman shared his views today, and he is not alone in those views. There are many people in the County that feel the same way. Employees at Dresser gave up 20 percent in their last contract, and they feel fortunate to maintain where they were at. Other places are holding off on raises; and in the private sector, raises are unheard of. The County should follow suit. Mr. Kruger did not support the raises at this time.

Legislator Ungermann commented that some of the people on the list deserve raises; however, the last unemployment figure was 12.8 percent. With so many of our senior citizens on fixed incomes, he didn’t see how we could justify spending taxpayers’ money on raises, not that some aren’t deserved.

Legislator O’Grady agreed with the previous comments and sympathized with the gentleman from Scio, noting that his parents are also on fixed incomes; however, the employees included in the resolution and others whose raises haven’t been decided are partially responsible for taking the County from a deficit to a $9 million surplus. Most of them do a fine job for the County. Mr. O’Grady didn’t believe we should balance the budget on the backs of the employees. He agreed that the budget is a little high, but rather than persecuting the people who helped us out of a deep hole, we need to examine the programs we have, the cost of those programs, and downsize government in that way.

Legislator Russo stated that he wouldn’t be aiming his comments against any political party or take part in politicking here. He’s seen that done today, and he doesn’t like it. We have very fine people working for the County, they do a great job; however, he couldn’t, in good conscience, approve pay raises while at the same time implementing tax increases for the people paying for those raises. How do you explain that to the voters? He can’t and has voted “No” on salary increases for the past seven years. Mr. Russo also requested that the political comments be kept down. It’s not right. A lot of good comments were made, but targeting political parties or people in those parties is getting too political, and that’s not the purpose of these meetings.

RESOLUTION NO. 190-09

RESOLUTION SETTING DATE OF PUBLIC HEARING ON

2010 COUNTY TENTATIVE BUDGET AND

PROVIDING CONTENTS OF SUCH NOTICE

Offered by: Ways and Means Committee

WHEREAS, the 2010 County Tentative Budget has been presented to this Board together with a copy of the proposed appropriation resolution, and

WHEREAS, it is necessary to hold a public hearing on the Budget before any further action can be taken on the Budget and on the appropriation resolution, and

WHEREAS, it is necessary to provide notice to the public of such public hearing and to also include in such notice or in a separate notice published in the same manner and at the same time as such notice of public hearing, a statement of the maximum salary that may be fixed and payable during the year 2010 to the members of the County Board of Legislators and to its officers, now, therefore, be it

RESOLVED:

1. That a public hearing on the 2010 County Tentative Budget shall be held in the Legislators' Chambers, Room 221, at the County Office Building, 7 Court Street, Belmont, New York, at 7:00 p.m. on November 12, 2009.

2. That the notice of public hearing shall include a statement that the 2010 maximum salary for members of the Board of Legislators and the maximum salary that may be fixed and payable during fiscal year 2010 to the Majority Leader, Minority Leader and Board Chairman, are as follows:

Members of the Board of Legislators $8,500 annual

Chairman of the Board of Legislators $8,500 annual

Majority Leader of Board $300 annual

Minority Leader of Board $300 annual

Moved by: Mr. Reynolds Adopted: Voice Vote

Seconded by: Mr. Fanton

RESOLUTION NO. 191-09

TRANSFER OF FUNDS WITHIN EMERGENCY SERVICES ACCOUNTS

Offered by: Public Safety Committee

RESOLVED:

1. That the sum of $5,763 is transferred from Account No. A3640.4 (Public Safety/EMS) to Account No. A3640.2 (Equipment), for the purchase of a reconditioned defibrillator.

Moved by: Mr. Dibble Adopted: Roll Call

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

(Memo: The defibrillator referred to in Resolution No. 191-09 was required for the EMS Training Program. Revenues for the A3640.447 account come from the NYS Department of Health EMS Bureau.)

RESOLUTION NO. 192-09

TRANSFER OF FUNDS WITHIN SOLID WASTE ACCOUNT

Offered by: Public Works Committee

RESOLVED:

1. That the sum of $15,000 is transferred from Account No. A8160.1 to Account No. A8160.4 to cover expenditures for the remainder of this year.

Moved by: Mr. Fanton Adopted: Roll Call

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

RESOLUTION NO. 193-09

TRANSFER OF FUNDS WITHIN COUNTY ROAD FUND ACCOUNTS

Offered by: Public Works and Ways and Means Committees

RESOLVED:

1. That the sum of $70,000 is transferred from Account No. D5110.422 (County Road – Gasoline/Oil) to Account No. D5142.408 (County Road – General Supplies), to cover remaining expenditures for 2009 Snow Removal.

Moved by: Mr. Fanton Adopted: Roll Call

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

RESOLUTION NO. 194-09

TRANSFER OF FUNDS FROM RISK RETENTION CLAIMS APPROVED BY

SUPREME COURT ACCOUNT TO

RISK RETENTION PROFESSIONAL SERVICES ACCOUNT

Offered by: Ways and Means Committee

RESOLVED:

1. That the sum of $10,000 is transferred from Account No. CS1933.431 (Risk Retention, Claims Approved by Supreme Court) to Account No. CS1937.435 (Risk Retention, Professional Services).

Moved by: Mr. Reynolds Adopted: Roll Call

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

(Memo: The transfer approved in Resolution No. 194-09 was needed to cover estimated expenses through the end of the year for higher than anticipated costs for professional services related to claims against the County.)

RESOLUTION NO. 195-09

Resolution RETAINING BOVIS LEND LEASE LMB, INC. FOR

CONSTRUCTION MANAGEMENT SERVICES FOR THE

COURTHOUSE ADDITION AND RENOVATION PROJECT

Offered by: Court Facilities Committee

RESOLVED:

1. That Bovis Lend Lease LMB, Inc. is hereby retained according to their proposal dated July 31, 2009 for Construction Management Services for the Courthouse Addition and Renovation Project.

2. That the Chairman of this Board is authorized to execute any and all necessary documents of every nature and kind in order to effect the purpose of this resolution.

Moved by: Mr. Pullen Adopted: Roll Call

Seconded by: Mr. Hall 12 Ayes, 3 Noes, 0 Absent

Voting No: Kruger, Truax, Ungermann

(Memo: Resolution No. 195-09 approves an Agreement with Bovis Lend Lease LMB, Inc., from Syracuse, NY, for the delivery of a wide range of construction management services associated with the Courthouse Addition and Renovation Project. Bovis was recommended by the Court Facilities and County Space Needs Committee after the County solicited proposals for these services. Bovis submitted a proposed fee of $630,000, which was the lowest fee proposed by three competing firms.)

Comments made regarding Resolution No. 195-09 included the following:

Legislator Kruger voiced his non-support due to the language in Resolved No. 2, “that the Chairman of this Board is authorized to execute any and all necessary documents of every nature and kind in order to effect the purpose of this resolution.” Fifteen legislators were elected to office to make decisions, and this resolution grants the authority of fifteen elected officials to one person. Chairman Crandall commented that the authority only extends to the agreement. Mr. Kruger noted that there was no monetary limitation within the resolution itself and no restriction of any kind. County Attorney Thomas Miner responded that the first paragraph makes reference to the “proposal dated July 31, 2009,” and that limits the extent of the authority granted. The second paragraph contains standard language to cover anticipated paperwork, but it is limited by No. 1. Mr. Kruger reiterated that No. 2 clearly states “any and all necessary documents of every nature and kind in order to effect the purpose of this resolution.” If the purpose of the resolution is to hire Bovis for construction management services as indicated in No. 1, and a quote has been provided, but that price is not included in the resolution, so the Chairman is not limited to anything. Mr. Miner stated that the language is typical and the granted authority is limited by the proposal.

Legislator Fanton commented that the Memorandum of Explanation includes the fee of $630,000, even if the resolution doesn’t include it, and the contract with Bovis clearly states the amount. Mr. Kruger remarked that the MOE was not worth the paper it was written on.

Legislator Ungermann pointed out that the $630,000 now brings us to more than $1 million over the final budget estimate for the project, and we don’t know what the bids will be yet.

Legislator Hopkins commented of the issue of the selection of a Construction Manager over a Clerk of the Works. He felt that the decision was a wise one. We will need that level of oversight on a project of this size.

Resolution Intro. No. 206-09 (Approval of Final 2010 Allegany County Plan under County Special Traffic Options Program for Driving While Intoxicated; Authorizing STOP DWI Coordinator to Enter into Agreements for Services) was not pre-filed and was considered from the floor on a motion made by Legislator Reynolds, seconded by Legislator Dibble and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.

A motion was made by Legislator Reynolds, seconded by Legislator Hall and carried, to grant Legislator O’Grady permission to abstain from voting on Resolution Intro. No. 206-09 (Approval of Final 2010 Allegany County Plan under County Special Traffic Options Program for Driving While Intoxicated; Authorizing STOP DWI Coordinator to Enter into Agreements for Services).

RESOLUTION NO. 196-09

APPROVAL OF FINAL 2010 ALLEGANY COUNTY PLAN UNDER COUNTY

SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED; AUTHORIZING STOP DWI COORDINATOR TO ENTER INTO

AGREEMENTS FOR SERVICES

Offered by: Public Safety and Ways and Means Committees

Pursuant to Vehicle and Traffic Law § 1197

RESOLVED:

1. That the final Allegany County 2010 STOP DWI Plan is approved and shall replace on and after January 1, 2010, the Plan approved by Resolution No. 218-2008.

2. That the STOP DWI Coordinator is authorized to enter into agreements with Towns and Villages who wish to participate in the STOP DWI Program; all such agreements to be in accordance with the approved Plan.

Moved by: Mr. Dibble Adopted: Roll Call

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

Abstaining: O’Grady

(Memo: Regarding Resolution No. 196-09, the 2010 STOP DWI Plan Budget is $155,915.)

AUDITS:

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

A motion was made by Legislator Truax, seconded by Legislator Fanton and adopted on a roll call vote of 13 Ayes, 2 Noes, 0 Absent, that the audit of claims, totaling $1,596,572.73 including prepaid expenses, be approved for payment as recommended by the County Administrator (Opposed: Kruger, Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $6,648,286.)

COMMENTS:

Chairman Crandall pointed out that information including some of the history on the WAG River Trail was distributed. When the project began, most of the current legislators weren’t on the Board. Other legislators were involved in moving it along, but it’s evident that from the start, one legislator who has been deeply involved is Legislator William Dibble. At times, it seemed the project wasn’t going anywhere, but recently it has moved ahead. Chairman Crandall thanked Mr. Dibble for his efforts. The project wouldn’t have been pushed along if not for him.

Legislator Kruger responded to comments included in a recent newspaper article and others made by Mr. Pullen regarding the Courthouse and that the leaders of the Allegany County Citizens for Responsible Government were looking for political gain. Mr. Kruger stated that he is not a member of the group, but attended meetings to listen to citizens expressing their opinions. His only involvement or role was to listen to questions and answer truthfully. He felt that members of the Board who are making a political deal out of it are participating in dirty politics, as is granting Mr. Pullen privilege of floor at the last meeting prior to election.

Legislator Ungermann referred to comments made by keynote speaker, Erie County Executive Chris Collins, at the Republican fundraising dinner on Friday, which most of the legislators attended. He stated that the only people we represent are the taxpayers, not the state or federal government. If faced with unfunded state mandates, let them sue you. Mr. Ungermann also noted that Mr. Collins spoke about not negotiating any more labor contracts unless there was a contribution to health insurance and no guarantee of retiree health insurance for new hires. Mr. Ungermann stated that he’s been preaching this for the past four years. It’s what we need to hear and what we need to do.

ADJOURNMENT:

The meeting was adjourned at 3:20 p.m. on a motion made by Legislator Hopkins, seconded by Legislator Dibble and carried.