ALLEGANY
REGULAR SESSION
** AUGUST 9, 2010
CALL
TO ORDER: The regular meeting of the Board of
Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE
OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former
United States Navy Aviation Warfare Operator Guy W. Humphrey.
INVOCATION: The
Invocation was given by Legislator Pullen.
ROLL
CALL: 13 Present; 2 Absent (Legislators Hopkins and
Russo).
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a certificate
to Guy W. Humphrey, former United States Navy Aviation Warfare Operator, in
grateful appreciation of his service to our Country. Mr. Humphrey’s service dates were from August
1986 to June 2010. Following Basic
Training at Recruit Training Command,
Chairman Crandall, along with County
Administrator John Margeson, presented plaques to Lifeguards Joshua
Houghtaling, Gregory Wright, and Maxwell Lewis in recognition of their
participation in a life-saving event at the
“We all know how precious life
is and how fragile it can be; in a split second, circumstances can take us from
having a good time to a tragic ending.
Joining us here today are three young men whose training and teamwork
saved a life. I have a narrative of what
took place, and I will read that in a moment, but first I would like to comment
on the circumstances. Allegany County
has had a Beach and Swim Area at Rushford Lake, partially funded by local
dollars, for many years. When the value
of this service has been debated here on the floor of this Chamber, we’ve
talked of the people who use it, the summer youth programs that visit the
beach, and the employment opportunities for the lifeguards, but I’m not sure I
have ever heard mentioned that it could save someone’s life. This summer has been one of the hottest on
record, and as a result of the nice days and record temperatures, people have
headed to the waterfront in record numbers.
For some, heading to the water means the river, a local pond, a backyard
pool, or the old swimming hole like the one I used to frequent below the
waterfalls in Hume. The problem with
these unsupervised areas, which many times have a sign, “Swim at Your Own
Risk,” is just that, you are swimming at your own risk. We all know of stories of families that have
faced the loss of a loved one through circumstances that could have been
avoided. Several times this summer,
there have been news stories of search and rescue units looking for a victim of
a bad ending to what was intended as a good time. When I was in my teens, a friend swimming off
a boat in Seneca Lake went under and never resurfaced; it was several days
before divers from the
‘On the afternoon of Tuesday,
July 6, 2010,
Shortly after 5 p.m., while
Joshua and Maxwell were stationed in the elevated lifeguard chairs, Josh
observed a swimmer who appeared to be in distress at the outer limits of the
swimming area in water approximately eight feet deep. The swimmer, whose identity will not be
revealed out of respect for privacy, slipped beneath the surface of the water,
and after a few moments, failed to reappear.
Josh immediately came out of
the lifeguard chair and while rushing into the water, yelled to Max to follow
him out with a floatation device known as a Rescue Board. Josh swam to the vicinity of where the
swimmer had submerged and dove to the bottom of the lake where he searched by
feel for the swimmer. Not locating the
swimmer, Josh surfaced for air and swam back to the bottom where he located the
swimmer who was face down on the lake bed.
Joshua brought the unconscious swimmer to the surface where he and Max
Lewis positioned the swimmer onto the Rescue Board and swam toward shore, at
the same time yelling to Lifeguard Gregory Wright to call 911 to summon an
ambulance.
Upon arriving on shore, the
swimmer was quickly examined. He had no
pulse and was not breathing. At once,
Lifeguards Max Lewis and Greg Wright proceeded to administer cardiopulmonary
resuscitation and rescue breathing. Both
Max and Greg continued to administer first aid until the arrival of Emergency
Medical Technicians and an ambulance, which occurred a mere eight minutes from
the time the 911 call was placed.
With the arrival of the EMTs,
the Lifeguards stood down and relinquished control of the situation. At that moment, the swimmer was breathing and
his pulse had returned. They had saved
the swimmer’s life.’
I would also like to recognize
Mr. William Mosgrove, who has supervised the County Beach and Swim Area for
many years, and is the one who is responsible for its success as a summer
recreational outlet here in our County.
The success of this rescue shows that proper training and teamwork
certainly works.”
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Allegany
County Mutual Self-Insurance Plan 2011 Budget, together with the apportionment
of costs of the budget to the County, Towns, and Villages of Allegany County, approved
by the Personnel Committee on August 4.
2. Board
meeting minutes of July 22, 2010, for review.
(Legislator Ungermann requested that more of the comments he made during
consideration of Resolution No. 144-10 regarding reporting of work hours for retirement
purposes be included. Revised copies of
the minutes will be distributed prior to the next Board meeting.)
3. Report
of Tax Bill Corrections approved by the
4. Report
of Intrafund Transfers approved by the
The
following communications were also acknowledged:
1. Notice
of next
2. NYMIR 2009 Annual Report.
3. Notification
that the NYSAC Fall Conference will be held at the Adam’s
APPOINTMENTS:
The Clerk of the Board
announced that Chairman Crandall has reappointed Timothy O’Grady of Wellsville,
New York, to the CHAUTAUQUA, CATTARAUGUS, ALLEGANY AND STEUBEN SOUTHERN TIER
EXTENSION RAILROAD AUTHORITY for a three-year term commencing August 28,
2010, and expiring August 27, 2013, subject to confirmation by the Board of
Legislators.
PROCLAMATION:
The Clerk of the Board announced
that Chairman Crandall read a proclamation declaring the week of August 1
through 7, 2010, as Breastfeeding Week in
INTRODUCTION OF LEGISLATION:
Legislator Timothy
O’Grady introduced 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 County of Allegany,” a copy of said proposed
Local Law having been placed on each Legislator’s desk.
RESOLUTIONS:
Resolution Intro. No.
158-10 (Setting Date of Public Hearing on a Local Law Electing a Retirement
Incentive Program as Authorized by Chapter 105, Laws of 2010 for the Eligible
Employees of the County of Allegany) was amended on a motion made by Legislator
O’Grady, seconded by Legislator Fanton and carried, to change the committee
offered by from Ways and Means to Personnel.
RESOLUTION
NO. 153-10
SETTING DATE OF PUBLIC HEARING
ON
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, on this 9th day of August, 2010, a Local Law (Intro. No.
3-2010, Print No. 1) was introduced Electing a Retirement Incentive Program as
Authorized by Chapter 105, Laws of 2010 for the Eligible Employees of the
County of Allegany, and
WHEREAS, it will be necessary to set a date for public hearing on
said proposed local law, now, therefore, be it
RESOLVED:
1. That a public hearing shall be held on
August 23, 2010, at 2:00 p.m. in the County Legislators' Chambers, Room 221,
County Office Building, Belmont, New York, before the Allegany County Board of
Legislators, in relation to proposed Local Law Intro. No. 3-2010, Print No. 1.
2. That the Clerk of the Board of
Legislators is directed to prepare, with the assistance of the County Attorney,
a notice of said public hearing, to cause the publication of a copy of said
notice in each of the two newspapers which have been officially designated by
this Board to publish "notices," and to affix a copy of said notice
on the County bulletin board in
the County Courthouse at Belmont, New York; both publication and posting to be
made at least five days before the public hearing.
Moved by: Mr. Fanton Adopted: Voice Vote
Seconded by: Mr. Pullen
(Memo:
Regarding Resolution No. 153-10, the commencement date of the retirement
incentive program would be October 1, 2010, and the open period during which
eligible employees may retire and receive the additional retirement benefit would
be 90 days.)
RESOLUTION
NO. 154-10
REAPPOINTMENT OF JERRY GARMONG
AS DIRECTOR OF EMPLOYMENT AND
TRAINING
Offered by:
Planning and Economic Development Committee
Pursuant to Local Law No. 4 of 1992
RESOLVED:
1. That Jerry Garmong is reappointed
Director of Employment and Training for a term of three years commencing August
25, 2010, and expiring August 24, 2013.
Moved by: Mr. Sinclair Adopted: Voice Vote
Seconded by: Mr. Ungermann
Comments made regarding Resolution No. 154-10
included the following: Legislator
Sinclair noted that there was unanimous support of the committee for the
reappointment of Mr. Garmong. It’s
important that we recognize the positive impact that our successful Employment
and Training Program has had on the individual lives of our population, our
local business and industry, and the economic health of our County. Mr. Sinclair commended the job well done in
the past by Mr. Garmong, and he was pleased to bring this forward.
RESOLUTION
NO. 155-10
APPROVAL OF BOARD CHAIRMAN'S
REAPPOINTMENT OF ONE MEMBER TO
THE CHAUTAUQUA, CATTARAUGUS,
ALLEGANY AND STEUBEN
SOUTHERN TIER EXTENSION
RAILROAD AUTHORITY
Offered by:
Planning and Economic Development Committee
RESOLVED:
1. That Timothy O’Grady of
Moved by: Mr. Sinclair Adopted: Voice Vote
Seconded by: Mr. Healy
RESOLUTION
NO. 156-10
TRANSFER OF FUNDS
WITHIN PLANNING ACCOUNTS
Offered by: Planning and Economic Development and Ways
and Means Committees
RESOLVED:
1. That
the sum of $10,563 is transferred as follows:
$7,773 from Account No. A6431.474 (CPIG Account) and $2,790 from Account
No. 8020.494 (Home & Community) to Account No. A8020.201 (Planning
Equipment).
Moved by: Mr. Sinclair Adopted: Roll Call
Seconded by: Mr. Fanton 13
Ayes, 0 Noes, 2 Absent
(Memo:
The transfers approved by Resolution No. 156-10 were needed for the
purchase of computer software and a plotter.)
RESOLUTION
NO. 157-10
Offered by:
Ways and Means Committee
WHEREAS, a check in the amount of $330, representing a full
reimbursement of the cost to replace the mop boards in the stairwells that were
damaged/destroyed as a result of the February 1, 2010, water damage has been offered by NYMIR in
settlement for such damage, and
WHEREAS, this check is a supplement to the $10,993.58 check
received from NYMIR for settlement of the February 1, 2010, water damage claim
less a $5,000 deductible, now therefore, be it
RESOLVED:
1. That the amount of $330 from NYMIR
representing the cost of replacing the mop boards that were damaged in the
February 1, 2010, water damage
is accepted.
2. That
the total sum of $330 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. Fanton Adopted: Roll Call
Seconded by: Mr. Pullen 13
Ayes, 0 Noes, 2 Absent
(Memo:
Regarding Resolution No. 157-10, there should be one additional
supplement to pay for the cost of filters that were damaged as a result of the
water. Of the total expenses associated
with the water damage, $5,822.56 was not covered or reimbursed by insurance.)
RESOLUTION INTRO. NO. 163-10 (APPROVAL
OF TOWER PROJECT AGREEMENT AND TOWER PROJECT LEASE AGREEMENT WITH THE SOUTHERN
TIER WEST REGIONAL PLANNING AND DEVELOPMENT BOARD, INC. FOR CONSTRUCTING A NEW
TOWER ON ACKERMAN HILL SITE IN ALLEGANY COUNTY) was WITHDRAWN following a
motion made by Legislator Sinclair, seconded by Legislator Healy and
carried. Mr. Sinclair noted that there have been rather extensive agreements
developed in a compressed time frame, and an excellent job was done; however,
there’s still going to be further review by Southern Tier West and their
attorneys, and there may be some wording changes. There is a subsequent resolution that will be
considered that will allow for any modifications that might have to occur
Resolution Intro. No. 164-10 (Approval of Tower Project Agreement and Tower Project Lease Agreement with the Southern Tier West Regional Planning and Development Board, Inc. for Constructing a New Tower on Ackerman Hill Site in Allegany County) was not pre-filed and was considered from the floor on a motion made by Legislator Sinclair, seconded by Legislator Healy and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION
NO. 158-10
APPROVAL OF
TOWER PROJECT AGREEMENT AND
TOWER PROJECT
LEASE AGREEMENT WITH THE
SOUTHERN TIER WEST REGIONAL PLANNING AND
DEVELOPMENT BOARD, INC. FOR CONSTRUCTING A NEW TOWER ON ACKERMAN HILL SITE
IN
Offered by:
Ways and Means Committee
RESOLVED:
1. That
the Tower Project Agreement and Tower Project Lease Agreement between the
2. That
in recognition of the importance of this project and the necessity to meet
strict time constraints while addressing recent concerns of the Southern Tier
West Regional Planning and Development Board, Inc., the County Attorney, in
consultation with the County Administrator, is authorized to make minor
modifications to these agreements that do not alter the underlying substance of
these agreements.
3. That
the Chairman of this Board is authorized to execute said Tower Project
Agreement and Tower Project Lease Agreement as modified.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Healy 13
Ayes, 0 Noes, 2 Absent
Comments made regarding Resolution No. 158-10
included the following:
Legislator Healy asked if the new tower will
be more heavy duty. Mr. Dirlam replied
that the tower is designed to be able to take a 90-mile per hour wind with 3/4”
ice encasing the tower. It will be a
good, strong tower.
Chairman Crandall noted that this ends up
expanding the original Southern Tier West plan for their wireless, and we end
up utilizing $180,000 worth of tower that
Legislator Pullen commented that the board established a committee last
year that was working on the question of how to bring the County into the 21st
Century when internet connections, local cell phones and mobile communications
seem to be even more critical than in the past.
Because of the latent population density, that has been a
challenge. This can be extremely
expensive, and it’s nice to say it should be done by private enterprise, but
they’re going to go where the numbers are because that’s where the profit is. This tower project is the first of hopefully
a number of successes, and it’s even better because it’s expanding the service
area from the northern portion of the County into the central portion, so that
Town of
AUDITS:
A motion was made by
Legislator O’Grady, seconded by Legislator Fanton and carried, that the audits
be acted upon collectively and by totals.
A motion was made by
Legislator Pullen, seconded by Legislator O’Grady and adopted on a roll call
vote of 12 Ayes, 1 No, 2 Absent, that the audit of claims, totaling $5,771,193.84,
including prepaid expenses, be approved for payment as recommended by the
County Administrator. (
COMMENTS:
Legislator Cady noted
that the retirement incentive resolution didn’t spell out what was meant by “eligible
employees.” The County opted to go only
with Part A of the plan for those with over 10 years of service and 50 years of
age.
ADJOURNMENT: The meeting was adjourned at 2:40 p.m. on a motion made by Legislator Ungermann,
seconded by Legislator Sinclair and carried.