COMMITTEE
OF THE WHOLE
JANUARY 12, 2009
** APPROVED
Members Present: Chairman C. Crandall, G.
Benson, D. Burdick, W. Dibble, D. Fanton, W. Hall, T. Hopkins, K. Kruger, M.
McCormick, T. O’Grady, D. Pullen, B. Reynolds, D. Russo, N. Ungermann; (Absent:
R. Truax)
Others Present: C. Braack, A. Finnemore, L. Gridley, A.
Harding, J. Margeson, T. Miner, B. Riehle, T. Ross, K. Toot; Media: B. Quinn, Wellsville Daily
Reporter; R. Mangels, WJQZ
Call to Order: The meeting was called to order at 1:30 p.m. by Chairman
Curtis W. Crandall.
State Environmental Quality Review
(SEQR) Process – Court Facilities Project:
David Pullen, Chairman
of the Court Facilities and County Space Needs Committee, distributed completed
copies of the Short Environmental Assessment Form (EAF) (copy attached to
original minutes). Mr. Pullen explained
that the State Environmental Quality Review Act does not require or prohibit
action based on environmental issues, it just requires a review. There are three categories of actions. Type 1 requires an environmental impact
statement, which is an expensive, extensive, and complex matter. Type 2 actions do not have a significant
impact, and simply conclude that no further review is necessary. The third type, unlisted actions, covers the
vast majority of projects. The EAF was
prepared by County Administrator John Margeson.
There was no concern on any of the issues, but Mr. Pullen went through
the form line by line. The determination
of significance was that the proposed action will not result in any significant
adverse environmental impacts. This is
the recommendation of the
The ultimate goal in
the review is to adopt a negative declaration, or a finding that there is no
significant environmental impact from the proposed action. Mr. Pullen distributed copies of a Negative
Declaration, Notice of Determination of Non-Significance form. This statement, dated with today's date, was prepared
by County Attorney Thomas Miner. In
December, a notice was sent out to the other involved entities: NYS Department
of Environmental Conservation, Town of
A motion was made by Mr. Pullen and
seconded by Mr. Reynolds to offer for resolution: “Designation of Allegany County as Lead
Agency and Determination of No Significant Impact with Respect to the Court
Facilities Plan together with the County Office Needs Plan.”
Mr. Ungermann
commented that the current bond resolution includes funds to refurbish the old
jail and questioned why that part of the project was not included on these
forms. Mr. Pullen responded that the
renovation of an existing facility is a Type 2 action and is automatically exempt
from this process.
Mr. O'Grady asked that
if the project deviates from the current plan, would the form have to be changed,
or would another form have to be filed?
Mr. Miner stated that if it deviates too much, we would have to complete
another form. If the scope of the
project increases, we would have to, but if it decreases, we wouldn't.
Mr. Kruger indicated
his non-support, because he didn’t support any aspect of this big expenditure. This project is way out of reach, especially
for those taxpayers in District II who will have to pay a disproportionate
share for this bond.
The motion was carried
by a majority following a voice vote (several noted opposition). Refer for Resolution. (The
Resolution was subsequently considered from the floor at the Board Meeting
immediately following this Committee of the Whole meeting.)
Adjournment: The
meeting was adjourned at 1:45 p.m. following a motion made by Legislator Pullen,
seconded by Legislator Reynolds and carried.
Respectfully submitted,
Adele Finnemore, Journal Clerk