ALLEGANY
REGULAR SESSION
APRIL 26, 2010
** 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 United
States Army Veteran (Legislator) Norman Ungermann.
INVOCATION: The
Invocation was given by Legislator David Pullen.
ROLL
CALL: 14 Present; 1 Absent (Legislator Benson).
APPROVAL OF
MINUTES:
The Board meeting minutes of April
12, 2010, were approved on a motion made by Legislator Sinclair, seconded by
Legislator Pullen and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall granted privilege
of the floor to the following:
Office for the Aging Director
Kimberley Toot addressed the Board on Older Americans Month, and highlighted some
of the month’s activities. A fundraising
event sponsored by the Senior Foundation, “Rocking with the Oldies,” will be
held May 15 and will be catered by the Barbecue Bandits. Sponsored through the Community Partnership
on Aging, on May 26 there will be a dinner at Alfred University’s Powell Center
with a presentation entitled, “Livability by Design,” a way to create
communities that are senior friendly and disability friendly. The sixth annual, day-long Aging Conference
entitled, “Dynamic Aging,” will be held on May 27 at Alfred State College. All nine luncheon centers will be having
celebrations during the month, and Legislators are encouraged to participate. Also during May, date to be announced, William
Armbruster from AARP will give a community presentation on the new health care
reform bill. Mrs. Toot encouraged
everyone to remember our older citizens and participate in as many events as
possible during this coming month.
Development Director John Foels
introduced and welcomed Kier Dirlam as the new
Representatives were
present from the following departments and agencies to answer questions
regarding their 2009 Annual Reports:
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. May
2010 Calendar of Board and Standing Committee meeting dates.
2. April
2010 Village Supplement to the 2010 Directory of County, Town, and Village
Contacts.
The
following communications were also acknowledged:
1. Correspondence from former Legislator Brent Reynolds thanking the Board for its donation to Allegany County Cancer Services in memory of his mother.
2. Invitation to attend a Barbershop 2010 Spring Show on May 8 at 7:30 p.m.
3. Invitation
to attend the Livability by Design Free Workshop on May 26 from 9 a.m. to 3
p.m. at the Crossroads Commerce and
4. Invitation
to attend the Livable Communities by Design for Community Leaders on May 26
from 5:30 to 8 p.m. at the Alfred University Knight Club at the
5. Correspondence from Senator Catharine Young confirming receipt and support of our resolution encouraging the NYS DEC to complete its environmental review of natural gas drilling in the Marcellus Shale and lifting of the drilling moratorium.
6. Invitation to attend the Allegany County Fair Board’s Annual Appreciation Dinner on Tuesday, May 11. The Agricultural Society hopes that all Legislators will consider attending, and they would appreciate knowing of plans to attend prior to the event.
PROCLAMATION:
Chairman Curtis W.
Crandall proclaimed May 2010 as Older Americans Month in
RESOLUTIONS:
RESOLUTION
NO. 88-10
NAMING THE MAIN
CEREMONIAL COURTROOM OF THE
Offered by: Court Facilities and County Space Needs
Committee
WHEREAS, the Board of Legislators has been
advised of the retirement of the Honorable James E. Euken, Allegany County
Court Judge, and reflected upon his many years of faithful public service to
the citizens of Allegany County, and
WHEREAS, Judge Euken first practiced in
Allegany County in 1972 as a private attorney, trying civil cases in County
Court in the main courtroom, and
WHEREAS, Judge Euken in 1974 then
became the first Public Defender of Allegany County, and defended criminal
cases in the main courtroom of the County Courthouse, and
WHEREAS, in 1984 Judge Euken became
District Attorney and prosecuted numerous criminal cases in the main courtroom
of the
WHEREAS, in July of 1997 Judge Euken
became County Court Judge and has tried many civil and criminal cases in the
main courtroom of the County Courthouse, and
WHEREAS, it appears that no attorney in
living memory has practiced more in the main courtroom of the
RESOLVED:
1. That
the Main Ceremonial Courtroom of the Allegany County Courthouse be named in
honor of the Honorable James E. Euken on the occasion of his retirement, and
the Bar Association of Allegany County is authorized to acquire and install a
suitable plaque or designation device at the entrance to same.
Moved by: Mr. Pullen Adopted: Voice Vote
Seconded by: Mr. Fanton
Comments made regarding Resolution No. 88-10
included the following:
Legislator Ungermann noted that he is
generally opposed to naming buildings and other objects after human beings, who
are only here for a short period of time in the scheme of things. He has nothing against Judge Euken, but there
are others who are just as deserving.
Legislator Pullen agreed with much of what Mr. Ungermann said. The request came to the Court Facilities and
County Space Needs Committee from the Allegany County Bar Association. Although there are certainly others who have
served with great distinction as judges and in other positions, Judge James
Euken is unique. His career involved
private practice in the court system, and he then served the County in so many
capacities: Public Defender, District
Attorney, and
A motion
was made by Legislator Hopkins, seconded by Legislator O’Grady and carried, to
grant Legislator LaForge permission to abstain from voting on Resolution Intro.
No. 89-10 (Amendment of Resolution No. 170-2009 Establishing Solid Waste
Residential User Fees for Year 2010).
RESOLUTION
NO. 89-10
AMENDMENT OF
RESOLUTION NO. 170-2009
ESTABLISHING SOLID WASTE
RESIDENTIAL USER FEES FOR YEAR 2010
Offered by: Public Works Committee
RESOLVED:
1. That “Disposal Ticket” fees in
paragraph 1. of Resolution No. 170-2009, is amended to read as follows:
13
gallon bag or smaller $1.00
30
gallon bag $2.00
55
gallon bag or barrel $4.00
Bulky
items:
Large
items - couch, mattress, box spring,
large
cabinet/dresser or carpet roll $4.00
Small
items - chair, table, toilet, sink, small
pieces
of furniture $3.00
Any other
solid waste, up to a three (3) cubic yard load or a full size
pickup
loaded to the top of the original sides, and not otherwise
described
in this fee schedule:
Compact
pickup or small trailer with an equivalent
capacity $15.00
Full
size pickup or trailer with an equivalent capacity $20.00
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Pullen 13
Ayes, 0 Noes, 1 Absent
Abstaining: LaForge
(Memo: The amendment in Resolution No. 89-10 was to add
the 13-gallon bag or smaller category to the disposal ticket fee structure.)
Comments made regarding Resolution No. 89-10 included the following:
Legislator Sinclair requested clarification
that this amendment will not affect people with the residential disposal tags,
that level of access will still be available, and tag holders won’t have to
have a card punched. Legislator Fanton
responded that was true, at least through the end of this year. Legislator Cady noted that the amendment does
not increase fees, but it allows people with 13-gallon bags to pay a smaller
fee than what is charged for 30-gallon bags.
RESOLUTION
NO. 90-10
RESOLUTION OPPOSING
VARIOUS PROPOSED
Offered by: Public Safety Committee
WHEREAS, the “right to bear arms” is
guaranteed by the Second Amendment to the U.S. Constitution, and
WHEREAS, certain bills, if passed in
the New York State Assembly and Senate and approved by the Governor, would have
a detrimental effect on hunters, sportsmen, and legal gun owners as well as the
health of wildlife, revenue to local municipalities and the Department of
Environmental Conservation, and
WHEREAS, passage of said legislation
would curtail the rights of law-abiding citizens as guaranteed by the
Constitution, now, therefore, be it
RESOLVED:
1. That
the Allegany County Board of Legislators hereby urges the New York State
Senate, New York State Assembly, and the Governor to oppose the following
bills:
a. A801A & S1598A (In counties having
population under 200,000, licenses for gunsmiths or dealers in firearms must be
renewed at 6 year intervals. Other than
in NYC and certain downstate counties, any license to carry or possess a pistol
or revolver shall expire not more than 5 years after date of issuance, in
accordance with a schedule to be promulgated by the Commissioner of the
Division of Criminal Justice Services.)
b. A1093 & S1715 (Requires gun dealers
to adopt “reasonable measures” to prevent firearms, rifles, and shotguns from
being diverted from legal commerce to individuals not legally entitled to
purchase or possess such weapons. Such
measures shall eliminate sales to “straw purchasers.” The Superintendent of the State Police shall
develop programs to eliminate such straw laws. Every gun dealer shall carry liability
insurance coverage of no less than $1,000,000, and shall implement a plan to
secure weapons, including while in transit or on display. Ammunition shall be stored separately and out
of reach of customers. Minors under age
18 must be accompanied by parent or guardian in that portion of the premises
where firearms are stocked or sold. Employees
must be trained related to appropriate laws, including federal requirements and
safe handling. Also includes certain
provisions related to licensing.)
c. A1275 & S712 (Amends general
business law to define “gun show” to include “public auction, flea market, or
garage sale” at which “firearms, rifles, or shotguns are offered for sale,
transfer, or exchange.”)
d. A1326 & S5228 (Defines childproof
device as “mechanism incorporated into the design of a pistol or revolver to
effectively preclude an average 5 year old from operating” it. Directs Superintendent of State Police, in
consultation with gun manufacturers to “adopt rules establishing standards for
child proofing devices.”
e. A2881 & S2379 (Adds to definition
of “armor piercing ammunition” and includes ceramic and hybrid materials,
defines “devastator ammunition” as projectiles capable of being used in pistol
or revolver and designed to “explode or detonate on impact.” Prohibits possession of such ammunition “with
the intent to use same unlawfully against another person or property.”)
f. A2882A (Expands compilation of firearm
and ballistic data: Any expended projectile, expended shell casing, or gun
seized, found, or otherwise coming into the possession of any state or local
law enforcement agency which may have been used during a violent felony offense
shall be submitted to the Division of State Police and entered into the
automated, electronic data base.)
g. A2884 (Prohibits sale of guns at any
gun show located on property owned by state or political subdivision. Class A misdemeanor.)
h. A2885 (Directs Superintendent of State
Police to issue rules to prevent sale, distribution, or transfer of unsafe
firearms directly or indirectly in the state, including aspects such as safety
standards, tamper resistant serial numbers, and quality control.)
i. A2910 (Directs Superintendent of State
Police to consult with U.S. Secretary of State and Attorney General and conduct
tests and evaluation of pistols and revolvers manufactured outside of the U.S.
relative to public safety standards established by U.S. Bureau of Alcohol,
Tobacco, and Firearms. He shall submit a
list of weapons to the legislature, but list “shall not have the force of and
effect of law unless such list is thereafter enacted into penal law.”)
j. A3346 (Similar to A2885 and A2910 with
regard to weapons which are produced domestically but which do not meet federal
import standards. Includes specific
makes and models of guns in definition of “dangerous firearms” and directs
Superintendent of State Police to compile a list of weapons which fail to meet
federal Gun Control Act of 1968 design and performance standards for imported
firearms. Provides that such list “shall
not have the force of and effect of law unless such list is thereafter enacted
into penal law.”)
k. A3076 (Narrows provisions related to
eligibility for firearms license such that “no license shall be issued or
renewed except for an applicant who has “not had a guardian appointed for them
pursuant to any provision of law, based on a determination that as a result of
marked subnormal intelligence, mental illness, incapacity, condition, or
disease, he or she lacks the mental capacity to contract or manage their own
affairs.”)
l. A3200 & S2953 (Establishes
ammunition coding database to facilitate matching of bullets to weapons;
requires vendors of ammunition to record and maintain records on sales,
information including identification of purchaser or ammunition and “unique
identifier of all handgun ammunition and bullets transferred,” with such
identification to be etched on base of bullet projectile. Criminalizes possession of uncoded ammunition,
but any person with a valid hunting license shall be exempt for three years. Contains privacy provision of such records for
individual purchasers; information only to be released to law enforcement
agency “in connection with criminal investigation.” Contains provision in tax law for credit for
exchange of uncoded ammunition, and imposes fee on ammunition sales to fund
database.)
m. A3211 & S4752 (Bans sale,
possession, or use of .50 caliber or larger weapons; however, “nothing shall be
construed to include muzzle loading rifle or shot gun with rifled bore.” Directs Division of State Police to implement
programs to allow dealers in firearms in possession of new .50 caliber weapons
to bring themselves into compliance, requiring manufacturers to give refunds or
credit for new weapons to dealers, and for the state to pay to dealers and
private owners of used weapons, “amount equal to the fair market value, not to
exceed $8,500” upon delivery of such weapon to the Division of State Police.)
n. A3477 & S1188 (Adds assault weapons
and “other long barreled weapons” to existing ballistic identification data
base for pistols and revolvers.)
o. A4441 & S4338 (Creates temporary
firearms safety commission to adopt performance safety standards for firearms. Such standards shall require that a firearm
must be personalized so that it can be fired only when operated by that
firearm’s authorized user and such features shall be part of the original
equipment and not readily deactivated. Contains provisions, after issuance of final
report by the commission, for procedure to determine whether firearm model
meets such standard, with enforcement provision that four years after adoption
of the commission’s standards, firearms which do not meet the standard shall
not be made, assembled, offered for sale, sold, traded, shipped, acquired, or
possessed in the state. Antique firearms
and firearms manufactured prior to four years from the adoption of the standard
are exempt, but may not be sold, traded, transferred by dealers.”)
p. A5844 (Requires weapons to be stored
safely, defining means to “appropriate lock box or rendering the weapon
incapable of being fired by use of a gun locking device appropriate to that
weapon” including provision for aggravated failure to store a weapon safely
when leaving a loaded firearm “in any location where such weapon is accessible
to a person under the age of 18.” Directs
the Commissioner of Education to cooperate with the Division of Criminal
Justice Services to develop weapons safety program related to child safety.) S3098 (Similar, but not identical.)
q. A6157 (Defines assault weapon with
technical specifications, including reference to “semi-automatic rifle with
capacity to accept more than 10 rounds of ammunition and semi-automatic pistol
with capacity to accept detachable magazine outside the grip.” Directs
Superintendent of State Police to designate makes and models of weapons with
the definition of assault weapons, if he “determines that such weapons are
particularly suitable for military and not sporting purposes.”) A6294 & S4084 (Similar, but not
identical.)
r. A6468B & S6005 (Requires that
semi-automatic pistols sold after effective date of this law be “micro stamp
ready,” able to produce unique alphanumeric or geometric codes on expended
cartridge case that identifies the make, model, and serial number of the
pistol.”)
s. A5078 & S0725A (Amends the
definition of “disguised gun” to “include, but not be limited to, any rifle,
pistol, shotgun, or machine gun” with a color and finish other than the
original manufacturer’s color, to resemble a toy gun. Exempts rifles or shotguns with camouflage
intended for hunting.)
2. That the Clerk of this Board be and
hereby is directed to send certified copies of this resolution to Governor
David Paterson, Senate Majority Leader Espada, Assembly Speaker Sheldon Silver,
Senator Young, Assembly Members Giglio and Burling, the New York State
Association of Counties, and all counties’ Administrative Officers or Clerks of
the Legislative Boards.
Moved by: Mr. Healy Adopted: Voice Vote
Seconded by: Mr. McGraw
Comments made regarding Resolution No. 90-10
included the following:
Legislator Healy clarified his opposition to
the legislation outlined in the resolution.
Some of the bills, in principal, sound very good, but they are lacking
in specifics. The practical application
of any of the bills and the reality of their passage would place an unfair,
undue burden on the manufacturers of ammunition, firearms, retailers and
wholesalers of both products, sportsmen, and law-abiding citizens of our
state. Without specifics on these
regulations, we can’t and shouldn’t support them. Instead, Mr. Healy would urge the state to
more vigorously prosecute those who oppose the current legislation, much of
which already affects the proposed bills referred to in the resolution.
Legislator O’Grady agreed with Mr. Healy. Some of these bills were in reaction to the
tragedy in
Legislator Pullen noted that he didn’t want the fact that we identified a
number of specific bills that we are opposing to imply that we approve all of
the other laws currently pending in the State Legislature. Many of those are also objectionable to
him. The bills listed in the resolution
are just the ones relating to the right to bear arms.
RESOLUTION
NO. 91-10
AMENDMENT OF RESOLUTION NO. 310-90 ENTITLED,
“ESTABLISHING FORM AND PLACE OF FILING OF
ANNUAL FINANCIAL DISCLOSURE STATEMENT BY CERTAIN
NOTIFICATION TO COVERED OFFICERS, EMPLOYEES
AND STATE COMPTROLLER”
Offered by:
Personnel Committee
Pursuant to General Municipal Law § 811
RESOLVED:
1. That
Section 1, Paragraph (c) of Resolution No. 310-90, as amended by Resolution No.
162-2002 and 66-2007, is amended to read as follows:
(c) “Covered officer or employee” shall mean
a person who holds any of the following County positions:
Aging, Office for the, Director
Board of Legislators, Members
Clerk of the Board
Community Services Agency, Director
Community Services Agency Board, Members
Deputy County Administrator
County Budget Officer
Deputy County Clerk
Deputy County Clerk II
Deputy County Clerk III
Deputy County Treasurer
Development Director
District Attorney
First Assistant District Attorney
Second Assistant District Attorney
Third Assistant District Attorney
Fourth Assistant District Attorney
Fifth Assistant District Attorney
Election Commissioners
Deputy Election Commissioners
Emergency Services Director
Employment and Training Director III
Fire Coordinator
Health, Board of, Members
Information Technology Director
Personnel Officer
Planning Board, Members
Planner
Probation Director
Public Defender
Assistant Public Defender
Public Health Director
Deputy Public Health Director
Special Education Program Coordinator
Public Works Superintendent
Deputy Public Works Superintendent I
Deputy Public Works Superintendent II
Real Property Tax Agency Director
Sheriff
Undersheriff
Social Services Commissioner
Deputy Social Services Commissioner
STOP DWI Program Coordinator
Veterans’ Service Agency Director
Weights and Measures Director
Workers’ Compensation Executive Secretary
Youth Bureau Director
Moved by: Mr. O’Grady Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 0 Noes, 1 Absent
(Memo:
Resolution No. 91-10 amends Section 1, paragraph [c] of Resolution No.
310-90, as amended, to reflect an additional covered officer and recent changes
in the names of certain covered officers as follows: add Deputy County Administrator, delete the
word First from Assistant Public Defender, delete Second Assistant Public
Defender, and delete Third Assistant Public Defender.)
A motion was made by Legislator Fanton, seconded by
Legislator Hopkins and carried, to grant Legislator Healy permission to abstain
from voting on Resolution Intro. No. 92-10 (Appointment of One Member to
RESOLUTION
NO. 92-10
APPOINTMENT OF ONE MEMBER TO
ALLEGANY
Offered by:
Human Services Committee
RESOLVED:
1. That Raymond Loh of
Moved by: Mr. Burdick Adopted: Voice Vote
Seconded by: Mr. LaForge Abstaining: Healy
RESOLUTION
NO. 93-10
AND TOWN OF BOLIVAR, TAX MAP NO. 260.17-2-73
Offered by: Ways and Means Committee
WHEREAS, the Village of Andover, (No Street or Number), P.O. Box
721, Andover, New York 14806, has agreed
to Terms of Sale and offered the sum of one dollar plus current year taxes of
$2,167.48 for a deed of the County's interest in premises formerly assessed on
the tax rolls to Robin Baudoin and described as follows:
ALL
THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Andover, County of Allegany, and State of New York,
described as follows, viz: 12 Chestnut
Street, .22 acres,
Class Code – Two Family Res, Tax
Map # 216.18-1-20, and
WHEREAS, the Village of Bolivar, 252 Main Street, Bolivar, New York 14715, has
agreed to Terms of Sale and offered the sum of $100 plus current year’s tax of
$1,212.63 for a deed of the County's interest in premises formerly assessed on
the tax rolls to Michele L. Van Oss and described as follows:
ALL
THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Bolivar, County of Allegany, and State of New York,
described as follows, viz: 64 Plum
Street, .08 acre, Class Code – Single Family Res, Tax Map # 260.17-2-73, and
WHEREAS, the Ways and Means Committee believes that the Terms of Sale and the
above sums offered are fair and reasonable and the best that can be obtained
under the circumstances and that the said sales will be advantageous to the
County, now, therefore, be it
RESOLVED:
1. That such agreed to Terms of Sale and
monetary offers are accepted and the Chairman of this Board is authorized and
directed to execute on behalf of the County of Allegany and to cause to deliver
to such purchasers a quit claim deed of the County's interest in such premises,
and to attach to such deeds the official seal; all upon satisfaction of the
Terms of Sale and full payment to the County Treasurer of the monetary offers.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Pullen 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 94-10
Offered by:
Public Safety Committee
RESOLVED:
1. That this Board authorizes the
preparation and submission of an application to the New York State Office of
Homeland Security for a Homeland Security Grant to be used for County
Communications Equipment Improvements and Volunteer Training.
2. The Chairman of this Board is
authorized to execute such grant application.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. O’Grady 14
Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 94-10
included the following:
Legislator O’Grady asked how much money was
involved in the grant.
Legislator Ungermann commented on taking the
fencing out of the resolution. The
Legislator Sinclair questioned if training dollars would be used for more
than volunteers, and if so, maybe the word volunteer should be omitted. Mr. Margeson felt it would be used for both
volunteer and paid staff, but was unsure.
Mr. O’Grady noted that training funds were generally used for the
volunteer ambulance and fire service staff.
RESOLUTION
NO. 95-10
ABOLISHING VACANT POSITIONS IN
VARIOUS COUNTY DEPARTMENTS
Offered by:
Personnel Committee
RESOLVED:
1. That the following positions in various
County Departments are abolished:
Department Position
Probation Probation
Assistant
Probation Probation
Assistant (PT)
Probation Typist
(PT)
Probation Account
Clerk Typist
Health Licensed
Practical Nurse
Health Public
Health Nurse (PT) – 1
Health Public
Health Educator – 1
Health Senior
Typist
Employment
and Training Assistant
E&T Director III
Employment
and Training Typist
Employment
and Training Sr.
E&T Counselor – 2
Employment
and Training E&T
Counselor – 2
Employment
and Training E&T
Assistant – 2
Employment
and Training Job
Developer
Public
Works Heavy
Motor Equipment Operator I
Public
Works Motor
Equipment Operator
Public
Works Engineering
Technician
Tourism Tourism
Specialist (PT)
2. This resolution shall take effect on
April 27, 2010.
Moved by: Mr. O’Grady Adopted: Roll Call
Seconded by: Mr. Pullen 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 96-10
RESOLUTION ACCEPTING AND
APPROPRIATING STATE FUNDING
TO SEVERAL HEALTH DEPARTMENT
PROGRAMS
FROM THE NEW YORK STATE
DEPARTMENT OF HEALTH
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That
the sum of $22,564 of state funding to County Health Department Appropriation
and Revenue Accounts is accepted.
2. That the accepted sum of $22,564 is
appropriated as follows: $2,419 to
Account No. A4051.409 with a like sum credited to Revenue Account No.
A10.3450.04; $718 to Account No. A4054.408 with a like sum credited to Revenue
Account No. A10.3401.4054; $12,900 to Account No. A4035.408 with a like sum
credited to Revenue Account No. A10.3450.00; $3,045 to Account No. A4037.408 with
a like sum credited to Revenue Account No. A10.3437.00; $2,417 to Account No.
A4056.408 with a like sum credited to Revenue Account No. A10.3473.00, and
$1,065 to Account No. A4043.409 with a like sum credited to Revenue Account No.
A10.3450.01.
Moved by: Mr. Burdick Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
(Memo:
The funds accepted in Resolution No. 96-10 were provided by the NYS
Department of Health as Cost of Living Adjustments for the following
programs: Tobacco Enforcement [ATUPA] -
$2,419; Children with Special Health Care Needs - $718; Family Planning -
$12,900; Childhood Lead Poisoning Prevention - $3,045; Immunization Action Plan
- $2,417; and Rabies - $1,065.)
RESOLUTION
NO. 97-10
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $6,000 for a new
Medicare Improvement for Patient and Providers Act (MIPPA) grant is
reappropriated as follows: $3,402 to Account No. A6774.1, $1,735 to Account No.
A6774.4, and $863 to Account No. A6774.8, with a like sum credited to Revenue
Account No. A11.4772.02.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Burdick 14
Ayes, 0 Noes, 1 Absent
(Memo:
The purpose of the grant referenced in Resolution No. 97-10 is to reach
out to Medicare beneficiaries likely to be eligible for Medicare Part D Low
Income Subsidy [LIS] or Medicare Savings Program [MSP] and provide assistance
in applying for these programs. The
grant was new in 2009 and was accepted by Resolution No. 202-09 for fiscal year
06/01/09-05/31/10.)
RESOLUTION
NO. 98-10
TRANSFER OF FUNDS WITHIN
PROBATION ACCOUNT
Offered by:
Public Safety Committee
RESOLVED:
1. That the sum of $120 is transferred
from Account No. A3140.413 (Rentals) to Account No. A3140.201 (Equipment) to
cover a new fax machine.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 99-10
TRANSFER OF FUNDS FROM CANCER
SCREENING ACCOUNT
TO KOMEN KARES GRANT ACCOUNT
IN THE HEALTH DEPARTMENT
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $5,025 is transferred
from Account No. A4071.4 to Account No. A4072.4.
Moved by: Mr. Burdick Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
(Memo:
The transfer of funds from the Cancer Screening account to the Komen
Kares account, approved by Resolution No. 99-10, was necessary to correct the
appropriation made by Resolution No. 234-09 when the funds were received and
the reappropriation by Resolution no. 70-10.)
RESOLUTION INTRO. NO. 100-10 (A RESOLUTION APPROVING THE PROPOSAL FROM
LABELLA ASSOCIATES, PC, FOR DESIGN SERVICES FOR SPACE DISTRIBUTION WITHIN THE
COUNTY OFFICE BUILDING) was TABLED following
a motion made by Legislator Cady, seconded by Legislator Ungermann and carried. Mr. Cady felt the matter should be tabled until the
Comments made regarding Resolution Intro. No.
100-10, prior to its being tabled, included:
Legislator O’Grady felt that the timing was
off. We have a lot of moving and
projects going on, and he would rather wait on spending this $7,000 for the
space study update until after the addition is done and the other moves take
place. The third floor was originally
part of the renovation plan, and he assumes that will be a part of what will be
looked at.
Legislator Ungermann agreed, and some of his
comments are quoted: “Planning has been
very poor. I have continually questioned
what the entire Court Facilities project would cost. The third floor space was available before
the addition was decided on, and what we should do with that space should have
been included in the plan. We as
legislators, and the public, should have an idea of what this is going to cost. I have repeatedly said that this project,
before it’s done, is going to cost $20-25 million, and that’s the direction
you’re headed. To fix the upstairs
space, it will cost $2 million. Now Public
Works is asking for $1 million for design services for an office building and
shop, and that’s just design services, saying nothing about building it. When I first started as a Legislator, the $24
million jail project was nearing completion with no water running to it. There was no contract for water or anything. That should have been in place prior to
construction. We wouldn’t have had the issue
of a lease for parking at the
Legislator Sinclair stated that he felt hiring
LaBella is an attempt to head in the direction of appropriate timing, and he is
aware of the fact that planning has to occur in an orderly fashion; however, he
also agreed that the timing might be premature.
Legislator
Legislator Pullen commented that if the argument
is that we need to have better planning, he didn’t understand the opposition to
this resolution. We would be asking LaBella
to do that planning to analyze what our needs are. There was a plan earlier when we were looking
at the entire space needs issue, and in its discretion, this Board at that time
elected not to proceed with the proposal that had been developed for the space
needs in the County Office Building. That
is why we are having to deal with it now.
Mr. Pullen felt that it was appropriate, otherwise we would still be
left without the guidance of professionals in this field as to what the actual
needs are. There are a number of
departments that have had changes in staffing and in their space requirements
since the original study was completed.
The goal here is to reflect all of those changed circumstances. Mr. Pullen stated that he felt it was
appropriate to move forward at this time.
Legislator Curran commented that since LaBella
did the original study, this $7,000 fee seems to indicate that it will be just
a matter of their taking out and dusting off the old study and sending it back. Engineering firms don’t work for small
amounts of money. Mr. Curran was very
opposed to spending the $7,000. It may
be a small amount, but we just don’t need it at this point, until the Court
building is finished.
A motion was made by
Legislator Ungermann and seconded by Legislator Russo to table Resolution
Intro. No. 101-10 (Resolution Approving the Inter-Municipal Mutual Aid
Agreement between the
RESOLUTION
NO. 100-10
RESOLUTION APPROVING
THE INTER-MUNICIPAL MUTUAL AID AGREEMENT
BETWEEN THE
Offered by: Public Works Committee
RESOLVED:
1. That
the Inter-Municipal Mutual Aid Agreement between the County of Allegany and the
Allegany County Town Highway Superintendents Association for period January 1,
2010, to December 31, 2010, is approved.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Burdick 13
Ayes, 1 No, 1 Absent
Voting
No: Ungermann
(Memo: The agreement approved by Resolution No.
100-10 allows any participating municipality within the County of Allegany to
assist another municipality with highway projects, maintenance and emergency
road work, or any similar function, and allows the proper authorities to
expedite the work flow as quickly as possible.)
Comments made regarding Resolution No. 100-10 included the following:
Legislator Ungermann pointed to what he felt
was a problem with the contract in that there is no monetary value assigned to
tasks or equipment, be it the Towns’ or the County’s. In order to be fair with everyone, there
needs to be a value of services there so everyone knows they’re getting a fair
shake. There are equipment and labor
rates that are published, and they need to be in there. Mr. Ungermann requested that the matter be
tabled and sent back to committee to have those things added. (See action above.)
Legislator Fanton noted that this contract is
just putting in writing what’s been done in the County for years. The Town Highway Superintendents and the
County’s Superintendent of Public Works just wanted to put it in a form which
was understandable and clear. Equipment
rates are all verified in
Legislator O’Grady commented that a lot of the
towns already help each other out with services and purchasing equipment
together. This agreement comes to us
from the Town Highway Superintendents Association, and they also had a
committee look at the agreement. Mr.
O’Grady stated that he was comfortable with their decision on what needs to be
in the agreement.
Legislator Sinclair questioned if having the
actual numbers pinned down would hamper this system? Mr. Fanton responded that it would mean more
bookkeeping for some of the towns. It’s
a reciprocal agreement. The County
probably helps the Towns more than what we’ve gotten in return, but nobody
really keeps track of the hours, and they don’t between Towns either. We’ve had a verbal agreement with the Towns. If they need help with oil and stone, we send
equipment, and if we’re doing it, they send equipment to us. The system works well. Chairman Crandall commented that it sounds
like a good way to encourage work between municipalities, and this provides a
legal document without getting so burdensome that it muddies up what’s working.
AUDITS:
A motion was made by
Legislator Hopkins, 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 Healy and adopted on a roll call
vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $3,452,265.68,
including prepaid expenses, be approved for payment as recommended by the
County Administrator (opposed: Ungermann).
(
Legislator
COMMENTS:
Legislator Pullen noted
that last week, the Clerk of the Board sent all Legislators a publication from Region
9 Fish and Wildlife monthly highlights.
In this report on pages 14 and 15, there were references to some programs
that seem to be unique in Region 9, which includes seven or eight counties, and
those had to do with wild turkey banding that the
On another matter, Mr.
Pullen read some comments that have to do with a report that the Legislators
received:
“Last
week, I received an e-mail that referred me to an article in the Business First
of
The
progress identified in this report shows that some of the efforts by our
However,
there is another dimension revealed by this data from the Bureau of Economic
Analysis. Even with our outstanding 7.3
percent growth in total personal income, we still rank dead last in TPI in
It
is easy to complain about things that we don’t like. It is harder to figure out why things aren’t
working properly, and even harder to figure out what changes we should
make. The report from the Bureau of
Economic Analysis contains a wealth of data.
That data contains some clues about why the economy here is struggling. The average TPI for counties in Upstate and
The
real problem is that the
This
data shows that the problem is structural rather than simply circumstantial or
coincidental. The political power in the
state is now focused in
ADJOURNMENT: The meeting was adjourned at 3:05 p.m. on a motion made by Legislator Fanton,
seconded by Legislator O’Grady and carried.