ALLEGANY
REGULAR SESSION
AUGUST 23, 2010
** APPROVED **
CALL
TO ORDER: The regular meeting of the Board of
Legislators was called to order at 2:06 p.m. by Chairman Curtis W. Crandall.
PLEDGE
OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former
United States Navy Petty Officer 3rd Class Gerald E. Kirk.
INVOCATION: The
Invocation was given by Legislator David Pullen.
ROLL
CALL: 12 Present; 3 Absent (Legislators Fanton,
Hopkins, and Russo).
APPROVAL OF
MINUTES:
The Board meeting minutes of July 22,
2010, were approved on a motion made by Legislator Pullen, seconded by
Legislator O’Grady and carried.
The Board meeting minutes of August
9, 2010, were approved on a motion made by Legislator Curran, seconded by Legislator
Sinclair and carried.
The Committee of the Whole meeting
minutes of August 9, 2010, were approved on a motion made by Legislator Pullen,
seconded by Legislator Healy and carried.
PUBLIC
HEARING:
Chairman Crandall closed the regular
meeting to hold a public hearing on Local Law Intro. No. 3-2010, Print No. 1,
entitled, “A Local Law Electing a Retirement Incentive Program as Authorized by
Chapter 105, Laws of 2010 for the Eligible Employees of the
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a certificate
to Gerald E. Kirk, former United States Navy Petty Officer 3rd Class,
in grateful appreciation of his service to our Country. Mr. Kirk’s service dates were from June 1965
to August 1969. Following Basic Training
at Great Lakes, IL, bases and assignments included:
Chairman Crandall granted privilege
of the floor to the following:
NYS
Sheriffs’ Association Executive Director Peter Kehoe addressed the Board
regarding New York State Accreditation.
On behalf of all New York State Sheriffs, he recognized and honored
Sheriff William Tompkins and his staff for the outstanding achievement of accreditation
by the Sheriff’s Corrections Division. Only
22 of the 62 counties in
To
achieve accreditation, a Sheriff’s Correction Division is required to meet a very
stringent set of standards developed by experts in the corrections field
including 166 individual components. The
Jail submits to scrutiny by an outside board of assessors who reviews their
operations to determine whether or not they meet the standards.
Sheriff
Tompkins accepted a plaque from Mr. Kehoe, and commented that this achievement
doesn’t just reflect the months of work and attention, but it’s the result of a
commitment to excellence by his entire administrative team. He thanked the Legislature for their support
and involvement. Each time the facility
has been inspected, and also when they went through this accreditation process,
the auditors always mention that we implement programs here that are not being
done in other places, and that’s due to the cooperation and support of this Board. Another example is the Forensic Crisis Counselor
(FCC) position in the Jail. The auditors
and correctional professionals understand the importance of that position and
what it does to mitigate problems. Some Sheriffs
struggle with their
Public
Health Director Lori Ballengee spoke about Allegany County Cancer Services. They organized in 2006, and began providing
services in 2007. Ms. Ballengee provided
an update of services and noted that this will be their most active year. A total of 120 individuals have been served
financially, seven of them for more than one year. Areas of residence within the County vary. The only requirements for service are: a cancer diagnosis, expenses directly related
to that cancer, and County residence. At
first, ACCS assisted individuals with up to $200 per year, but now that’s up to
$400 per year; most is used for gas cards for travel to treatment. The total amount awarded to date is
$35,317.41. ACCS is 100 percent
volunteer; there is no paid staff. According
to the 2009 Cancer Burden Profile just released from the American Cancer
Society,
Chairman
Crandall presented Lori Ballengee with a donation for the Allegany County
Cancer Services from the Legislators’ Flower Fund (non-tax dollars). He noted that there are a couple of
organizations that the Legislators like to support, and this is one where all
of the money raised stays in the County to benefit County residents. Chairman Crandall expressed his appreciation
for the services provided by ACCS.
Youth
Court Coordinator Jessica Jennings provided an update on Youth Court in
recognition of National Youth Court Month.
She thanked the County for allowing the use of space in the Board
Chambers and the Main Courtroom for their board meetings and Youth Court
hearings. In the past year, Youth Court worked
with 24 youthful offenders, with 18 successful completions, and six still
working on sentences. The student
members continue to do an excellent, professional job. They are looking forward to a new student
member hearing training in the fall. Ms.
Jennings speaks in local schools to recruit members, and some of the past
defendants have expressed an interest in going through the training to become
members. She shared a story about a past
defendant to illustrate how the program affects people and changes lives. Ms. Jennings thanked the Board for their
support.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. September
2010 Calendar of Board and Standing Committee meeting dates.
The
following communications were also acknowledged:
1. The County Treasurer filed a Certificate of
Withdrawal for Delinquent Tax Lien pursuant to Article 11 of the Real Property
Tax Law for property in the Town of
2. Invitation for
3. Correspondence from the following
entities in support of funding to complete the Hazard Mitigation Plan Update
which will be considered in Resolution Intro. No. 172-10: American Red Cross, Allegany County
Department of Health, Allegany County Department of Public Works, Allegany
County Soil & Water Conservation District, Town of Caneadea,
APPOINTMENTS:
The
Clerk of the Board announced that Chairman Crandall, in a joint measure with
Michael T. O’Brien, Chairman of the Cattaraugus County Board of Legislators,
has appointed Lisa Graham to fill the unexpired three-year term of Brad Walters
ending December 31, 2010, on the CATTARAUGUS-ALLEGANY
WORKFORCE INVESTMENT BOARD.
Chairman
Crandall has appointed Benjamin Lipscomb of Fillmore, New York, as a member of
the ALLEGANY COUNTY PLANNING BOARD, to
fill a vacant, unexpired, three-year term, effective immediately and expiring
December 31, 2012, subject to confirmation by the Board of Legislators.
PROCLAMATION:
Chairman
Crandall proclaimed September 2010 as Youth Court Month, and urged the citizens
of
RESOLUTIONS:
RESOLUTION
NO. 159-10
ADOPTION OF LOCAL LAW INTRO.
NO. 3-2010, PRINT NO.1, IN RELATION TO
A LOCAL LAW ELECTING A
RETIREMENT INCENTIVE PROGRAM
AS AUTHORIZED BY CHAPTER 105,
LAWS OF 2010
FOR THE ELIGIBLE EMPLOYEES OF
THE
Offered by:
Personnel Committee
WHEREAS, this Board wishes to offer a retirement incentive for
certain employees of
RESOLVED:
1. That proposed Local Law, Intro. No.
3-2010, Print No. 1, is adopted without any change in language, to wit:
Intro. No. 3-2010 Print
No. 1
PART
A – CHAPTER 105, LAWS OF 2010
A LOCAL LAW
ELECTING A RETIREMENT INCENTIVE PROGRAM
AS
AUTHORIZED BY CHAPTER 105, LAWS OF 2010
FOR THE
ELIGIBLE EMPLOYEES OF THE
BE
IT ENACTED by the Board of
Legislators of the
Section
1. The
Section
2. The commencement date of the
retirement incentive program shall be the first day of October, 2010.
Section
3. The open period during which
eligible employees may retire and receive the additional retirement benefit,
shall be ninety days in length.
Section
4. The actuarial present value of
the additional retirement benefits payable pursuant to the provisions of this
local law shall be paid as one lump sum, or in five annual installments. The
amount of the annual payment shall be determined by the Actuary of the
Section
5. This local law shall take effect
on the 23rd day of August, 2010.
Moved by: Mr. O’Grady Adopted: Roll Call
Seconded by: Mr. LaForge 12
Ayes, 0 Noes, 3 Absent
RESOLUTION
NO. 160-10
ABOLISHING ONE POSITION OF
REGISTERED NURSE AND
CREATING ONE POSITION OF
PUBLIC HEALTH NURSE IN
THE DEPARTMENT OF SOCIAL
SERVICES DUE TO RECLASSIFICATION
Offered by:
Personnel Committee
RESOLVED:
1. That one position of Public Health Nurse is created and the position of
Registered Nurse is abolished in the Department of Social Services.
2. That
this resolution shall take effect August 24, 2010.
Moved by: Mr. O’Grady Adopted: Roll Call
Seconded by: Mr. Burdick 12
Ayes, 0 Noes, 3 Absent
(Memo:
The position upgrade approved by Resolution No. 160-10 was requested
because the incumbent in the position has obtained her Bachelor’s Degree. This position assists with home care
assessments and tracks medical records for children in foster care. The change will cost $941 annually; however,
the position is funded through Medicaid, and there is no local share other than
what is paid through the Medicaid Cap.)
RESOLUTION
NO. 161-10
AUTHORIZING PUBLIC HEALTH DIRECTOR TO
CONTRACT WITH
THE NEW YORK STATE DEPARTMENT OF HEALTH FOR
THE RENEWAL OF ADOLESCENT TOBACCO ENFORCEMENT AND PREVENTION (ATUPA) SERVICES;
AUTHORIZING ACCEPTANCE AND APPROPRIATION OF FUNDS TO
HEALTH DEPARTMENT ACCOUNTS
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. This
Board authorizes the Public Health Director to contract with the New York State
Department of Health for the renewal of Adolescent Tobacco Enforcement and Prevention
(ATUPA) services for the period October 1, 2010, to September 30, 2011.
2. That the sum of $29,467 in funds from
the New York State Department of Health for use in providing Adolescent Tobacco
Enforcement and Prevention services is accepted.
3. That the accepted sum of $29,467 is
appropriated as follows: $14,870 to
Account No. A4051.4 (Tobacco Awareness – Contractual), $14,597 to Account No.
A4010.1 (Health Department – Personnel), with a like sum credited to Revenue Account No. A10.3450.04 (State Aid
– Tobacco Awareness).
Moved by: Mr. Burdick Adopted: Roll Call
Seconded by: Mr. Healy 12
Ayes, 0 Noes, 3 Absent
(Memo:
The term of the contract approved in Resolution No. 161-10 is
10/01/10-09/30/11.)
RESOLUTION
NO. 162-10
ACCEPTING AND APPROPRIATING FUNDS RECEIVED
FROM
THE GOVERNOR’S TRAFFIC SAFETY PROGRAM
STEPS IN SAFETY GRANT (SAFETY ON WHEELS)
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That
the Governor’s Traffic Safety Program STEPS in Safety Grant funds in the amount
of $3,000 is appropriated to Account No. A3114.4 (Traffic Program –
Contractual), with a like sum
credited to Revenue Account No. A10.3389.3114 (State Aid – STOP DWI – STEPS in
Safety).
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Pullen 12
Ayes, 0 Noes, 3 Absent
(Memo: The period covered by the grant accepted by
Resolution No. 162-10 is 10/01/10-09/30/11.
Funds will be used for mileage, supplies including helmets, educational
materials, and promotional items.)
RESOLUTION
NO. 163-10
Offered by:
Ways and Means Committee
WHEREAS, a check in the amount of $3,097.28, representing the cost
less a $500 deductible to repair a County vehicle that was damaged when the
vehicle struck a deer on July 20, 2010, has been offered by NYMIR in settlement
for property damage caused by such accident, and
WHEREAS, a check in the amount of $1,185.60, representing a full
reimbursement of the cost to replace filters that were damaged/destroyed as a
result of the February 1, 2010,
water damage, has been offered by NYMIR in settlement of such claim, now
therefore, be it
RESOLVED:
1. That the amount of $3,097.28 from NYMIR
representing the cost less a $500 deductible to repair a County vehicle involved in a July 20, 2010, vehicle-deer accident and the
amount of $1,185.60 representing a supplement to the total of the reimbursable
expenses, less a $5,000 deductible, associated with the February 1, 2010, water damage claim are accepted.
2. That the total sum of $4,282.88 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. Healy Adopted: Roll Call
Seconded by: Mr. Curran 12
Ayes, 0 Noes, 3 Absent
(Memo:
Regarding Resolution No. 163-10, the vehicle referred to in the first
“Whereas” was a Public Works 2005 Chevrolet Pickup. The check for $1,185.60 referred to in the
second “Whereas” was a supplement to the $10,993.58 check and $330 supplement
previously received from NYMIR in settlement of the 02/01/10 water damage claim
less a $5,000 deductible. This check
completes our claim. Expenses amounting
to $5,822.56 associated with the claim were not covered or reimbursed by
insurance.)
RESOLUTION
NO. 164-10
TRANSFER OF FUNDS
WITHIN PUBLIC HEALTH ACCOUNTS
Offered by: Human Services Committee
RESOLVED:
1. That
the sum of $4,950 is transferred as follows:
$4,500 from Account No. A4010.4 to Account No. A4010.2, and $450 from
Account No. A4071.4 to Account No. A4071.2 to cover cost of office and medical
diagnostic equipment purchased for Public Health and Cancer Services programs.
Moved by: Mr. Burdick Adopted: Roll Call
Seconded by: Mr. O’Grady 12
Ayes, 0 Noes, 3 Absent
RESOLUTION
NO. 165-10
TRANSFER OF FUNDS FROM
FIRE PREVENTION AND CONTROL ACCOUNT
TO LAW ENFORCEMENT
E-911 DISPATCH ACCOUNT
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That
sum of $27,059 is transferred from Account No. A3410.1 (Fire – Personnel) to
Account No. A3112.1 (Dispatch – Personnel) for the salary of the 911
Coordinator who was transferred from Fire Service to the Sheriff’s Office.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Curran 12
Ayes, 0 Noes, 3 Absent
RESOLUTION
NO. 166-10
A RESOLUTION
AUTHORIZING FUNDING FOR THE COMPLETION OF
THE
MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN UPDATE AND AUTHORIZING AN EXTENSION
OF THE CONTRACT WITH
Offered by: Planning and Economic Development and Ways
and Means Committees
WHEREAS,
WHEREAS, in order to maintain
eligibility for all local municipalities, agencies and groups, to the FEMA
Hazard Mitigation Grant Program, the County has initiated the required 5-year
HMP update, and
WHEREAS, over the past 5 years, access
to FEMA Hazard Mitigation Funding has resulted in over $3,000,000 coming into
Allegany County municipalities for hazard mitigation, and
WHEREAS, the ongoing update process was
initially funded with a Homeland Security planning grant in the amount of
$17,000 and County Comprehensive Plan Implementation funds in the amount of
$5,000, which have now been expended, with an estimated 60 percent of the task
completed, and
WHEREAS, it is estimated that the FEMA
review, edit and final adoption of the HMP update will require an additional
four months after the time of draft submission to FEMA, and
WHEREAS, the contractual arrangement
with Walker Business Services has been very successful at completing progress
on the HMP to date, now, therefore, be it
RESOLVED:
1. That
the Allegany County Board of Legislators authorizes the extension of 667 hours
on the contract with
2. That the sum of $14,000 to complete the
Hazard Mitigation Plan Update will come from an account to be designated by the
Moved by: Mr. Sinclair Adopted: Roll Call
Seconded by: Mr. LaForge 12
Ayes, 0 Noes, 3 Absent
Comments made
regarding Resolution No. 166-10 included the following:
Legislator Ungermann requested clarification
that the scope of work had changed for the Hazard Mitigation Plan Update, and
that was why additional funds were needed.
He expressed concerned about the need for updating the plan every five
years. Mr. Ungermann stated that he prefers
this work be done out-of-house on a contract basis, rather than hire someone on
the County payroll with benefits to do it.
He also noted that in four and one-half years, the County should solicit
bids for services for the next update.
Legislator Sinclair remarked that we received eight
letters in support for the extended funding to complete the Hazard Mitigation Plan
Update, and he read the letter from Public Works Deputy Superintendent Guy James,
who has been an active member in hazard mitigation over the past five years and
is a member of the committee:
“
Mr. Sinclair made note of the other support
letters from the Red Cross and concerned townships and agencies that are actively
involved in hazard mitigation. Stopping
disasters prior to them occurring is a mindset that can avoid loss of life and
huge expense to us as citizens and to the County. This is a good investment in terms of
preparing for the future.
Legislator O’Grady reiterated Mr. Ungermann’s
point, and he agreed that we need to see this plan through. He also agreed with Mr. Sinclair; however,
he’s not particularly sold on the hazard mitigation coordinator position
referenced in Mr. James’ letter. That’s
something that will need to be addressed when the time comes.
Legislator Cady expressed concern that the
agreement includes wording about additional work, if needed, beyond what the
previous $17,000 and this newly requested $14,000 will cover, and noted that we
need to go into this with our eyes open.
This allows them to come back for more.
Chairman Crandall replied that it would be our decision to continue
beyond this, because it would require another resolution. Mr. Sinclair remarked that the unfolding of
this plan update is totally under the control of our Planning and Development Office.
Legislator Ungermann suggested that possibly the County’s contract with the
Soil and Water Conservation District could be re-worked to include the
administration of hazard mitigation.
Resolution Intro. No.
173-10 (Approval of Transportation of Preschool Children with Handicapping
Conditions Agreements with Fourteen Central School Districts and Authorizing
Chairman to Execute Agreements) was amended on a motion made by Legislator Burdick,
seconded by Legislator Sinclair and carried, to change the title and the first
line in “Whereas” to read fifteen central school districts instead of fourteen,
and to add Pioneer in the list of school districts in “Resolved No. 1.”
RESOLUTION
NO. 167-10
APPROVAL OF TRANSPORTATION OF
PRESCHOOL CHILDREN
WITH HANDICAPPING CONDITIONS
AGREEMENTS WITH
FIFTEEN CENTRAL SCHOOL
DISTRICTS AND
AUTHORIZING CHAIRMAN TO
EXECUTE AGREEMENTS
Offered by:
Human Services and Ways and Means Committees
WHEREAS, fifteen central
school districts have agreed to provide transportation for County preschool
children with handicapping conditions, now, therefore, be it
RESOLVED:
1. That each Agreement titled “Agreement
Concerning the Transportation of Preschool Children with
Handicapping Conditions” for the period July 1, 2010, to June 30, 2011, with the respective
Central School Districts of Alfred-Almond, Andover, Arkport, Belfast,
Bolivar-Richburg, Canaseraga, Cuba-Rushford, Fillmore, Friendship, Genesee
Valley, Pioneer, Portville, Scio, Wellsville and Whitesville is approved.
2. The Chairman of this Board is
authorized to execute all such Agreements.
Moved by: Mr. Burdick Adopted: Roll Call
Seconded by: Mr. Curran 12
Ayes, 0 Noes, 3 Absent
RESOLUTION
NO. 168-10
APPROVAL OF INTER-MUNICIPAL
AGREEMENT WITH
STEUBEN AND
A STUDY DETERMINING THE
POSSIBILITY OF SHARED SERVICES
Offered by:
Public Safety Committee
RESOLVED:
1. That the Inter-Municipal Agreement
between
2. That the Chairman of this Board is
authorized to execute such agreement.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. LaForge 12
Ayes, 0 Noes, 3 Absent
(Memo:
Previously, the Board approved Resolution No. 168-09 for submission of a
joint application for a local government efficiency planning grant for the
regional E-911 planning project. That
grant has been awarded to
Comments made
regarding Resolution No. 168-10 included the following:
Legislator Ungermann questioned if there was a
possibility that there would be just one central 911 center for all three
counties. Chairman Crandall replied that
he believes that will probably be addressed in the shared services study.
Sheriff Tompkins noted that
AUDITS:
A motion was made by
Legislator O’Grady, seconded by Legislator Sinclair and carried, that the
audits be acted upon collectively and by totals.
A motion was made by
Legislator Pullen, seconded by Legislator Sinclair and adopted on a roll call
vote of 11 Ayes, 1 No, 3 Absent, that the audit of claims, totaling $3,790,808.46
including prepaid expenses, be approved for payment as recommended by the
County Administrator (opposed:
Ungermann). (
COMMENTS:
Legislator Cady
commended maintenance employees Roger Hoshal and Sharon Strope for their prompt
action taken during the evening of August 11.
Upon smelling smoke, they immediately dialed “911.” Sheriff Tompkins responded, and during the
investigation, Mr. Hoshal found the problem to be an overheated pop machine. He unplugged the machine, possibly avoiding a
fire or smoke damage at the very least.
Mr. Cady also commended the Sheriff for his rapid response.
Legislator Ungermann
noted that the budget process will begin in earnest next week. He related some figures from the “Property Tax
Monitor,” published by the NYS Department of Taxation and Finance. From the second quarter of 2008 to the second
quarter of 2010, the median sale price of existing single-family homes fell 31.1
percent in
ADJOURNMENT: The meeting was adjourned at 3:08 p.m. on a motion made by Legislator O’Grady,
seconded by Legislator Curran and carried.