ALLEGANY COUNTY BOARD OF LEGISLATORS

ORGANIZATION MEETING

 

JANUARY 4, 2010

 

** APPROVED **

 CALL TO ORDER:  The organization meeting of the Board of Legislators was called to order at 2:00 p.m. by Clerk of the Board Brenda Rigby Riehle.

 

PLEDGE OF ALLEGIANCE TO THE FLAG:  The Pledge of Allegiance was led by former United States Air Force Airman 1st Class John “Jack” Colligan.

 

INVOCATION:  The Invocation was given by Legislator Pullen.

 

ROLL CALL:  15 Present; 0 Absent.

 

BOARD OF LEGISLATORS SWORN IN:

 

            The Oath of Office was administered by Judge James Euken to all fifteen members of the Board of Legislators, marking the beginning of a new four-year legislative term.

 

RESOLUTIONS:

 

RESOLUTION NO. 1-10

 

APPOINTMENT OF LEGISLATOR CURTIS W. CRANDALL TO

CHAIRMANSHIP OF BOARD OF LEGISLATORS;

AUTHORITY TO DETERMINE NUMBER OF BOARD MEMBERS ON COMMITTEES

 

Offered by:  Legislator David T. Pullen

 

Pursuant to County Law § 450

 

            RESOLVED:

 

            1.         That Legislator Curtis W. Crandall is appointed Chairman of this Board of Legislators, with term of office commencing immediately and expiring December 31, 2010.

 

            2.         That said Chairman is authorized to determine the number of Board members to serve on each of the standing and special committees of this Board which have been or may be established by this Board.

 

            Moved by:  Mr. Pullen                                                                                  Adopted:  Roll Call

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

 

OATH OF OFFICE ADMINISTERED:

 

            Judge James Euken administered the Oath of Office to Chairman Curtis W. Crandall, who was accompanied by his wife, Cathy, following adoption of Resolution No. 1-10.  Chairman Crandall assumed leadership of the meeting.

 

RESOLUTION NO. 2-10

 

APPOINTMENT OF VICE CHAIRMAN

 

Offered by:  Legislator Curtis W. Crandall

 

Pursuant to Rule 70 of County Board Rules as enacted by Resolution No. 77-89

 

            RESOLVED:

 

            1.         That Legislator Dwight R. Fanton is appointed Vice Chairman of this Board of Legislators to act pursuant to, and during the designated time periods specified in, County Board Rules.

 

            Moved by:  Mr. Pullen                                                                             Adopted:  Voice Vote

            Seconded by:  Mr. Hopkins

 

OATHS OF OFFICE ADMINISTERED:

 

            Judge James Euken administered the Oath of Office to Vice Chairman Dwight R. Fanton, who was accompanied by his wife, Linda, following adoption of Resolution No. 2-10.

 

            Judge Euken administered the Oath of Office to County Treasurer Terri L. Ross, who was accompanied by Deputy County Clerk Linda Healy.

 

            Judge Euken administered the Oath of Office to District Attorney Terrence M. Parker.

 

            Judge Euken administered the Oath of Office to Elections Commissioner Catherine M. Lorow, who was accompanied by her husband, Richard.

 

            Judge Euken administered the Oath of Office to Public Defender Barbara J. Kelley.

 

(There was a brief recess for signing Oaths of Office.)

 

INTRODUCTION OF LEGISLATION:

 

            Chairman Curtis W. Crandall introduced Local Law Intro. No. 1-2010, Print No. 1, entitled “A Local Law to Amend Local Law No. 2 of 1985, as Amended, in Relation to Eliminating the Development Advisory Board,” a copy of said proposed Local Law having been placed on each legislator’s desk.

 

RESOLUTIONS (Continued):

 

RESOLUTION NO. 3-10

 

APPOINTMENT OF COUNTY ADMINISTRATOR

 

Offered by:  Legislator Curtis W. Crandall

 

Pursuant to Local Law No. 3 of 1992

 

            RESOLVED:

 

            1.         That John E. Margeson is appointed County Administrator to serve during the pleasure of this Board of Legislators and until his successor is appointed and has qualified.

 

            Moved by:  Mr. Crandall                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. Fanton

 

RESOLUTION NO. 4-10

 

APPOINTMENT OF BUDGET OFFICER

 

Offered by:  Legislator Theodore L. Hopkins

 

Pursuant to County Law § 351 (3) and Section 5. j. of Local Law No. 3 of 1992

 

            RESOLVED:

 

            1.         That Allegany County Administrator John E. Margeson, a County officer, is appointed Budget Officer to serve during the pleasure of this Board of Legislators and until his successor is appointed and has qualified.

 

            Moved by:  Mr. Hopkins                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. Curran

 

 

            RESOLUTION INTRO. NO. 5-10 (APPOINTMENT OF COUNTY AUDITOR) was TABLED following a motion made by Legislator Ungermann, seconded by Legislator Burdick and carried.  Mr. Ungermann expressed concern about the same person being appointed as both Budget Officer and County Auditor, and requested the resolution be tabled until it could be checked into.

 

RESOLUTION NO. 5-10

 

APPOINTMENT OF COUNTY ATTORNEY

 

Offered by:  Legislator David T. Pullen

 

Pursuant to County Law § 500

 

            RESOLVED:

 

            1.         That Thomas A. Miner, a resident attorney-at-law, is appointed County Attorney with term of office commencing January 1, 2010, and expiring December 31, 2013.

 

            Moved by:  Mr. Pullen                                                                             Adopted:  Voice Vote

            Seconded by:  Mr. O’Grady

 

RESOLUTION NO. 6-10

 

APPOINTMENT OF CLERK OF BOARD OF LEGISLATORS

 

Offered by:  Legislator Curtis W. Crandall

 

Pursuant to County Law § 475

 

            RESOLVED:

 

            1.         That Brenda Rigby Riehle is appointed Clerk of this Board of Legislators who shall serve during the pleasure of this Board and until her successor is appointed and has qualified.

 

            Moved by:  Mr. Crandall                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. Sinclair

 

RESOLUTION NO. 7-10

 

APPOINTMENT OF JOURNAL CLERK

 

Offered by:  Legislator Norman G. Ungermann

 

Pursuant to County Board Rules 100.C.

 

            RESOLVED:

 

            1.         That Adele Finnemore is appointed Journal Clerk of this Board to serve at the pleasure of this Board.

 

            Moved by:  Mr. Ungermann                                                                    Adopted:  Voice Vote

            Seconded by:  Mr. Pullen

 

RESOLUTION NO. 8-10

 

APPOINTMENT OF PUBLIC DEFENDER

 

Offered by:  Legislator Dwight R. Fanton

 

Pursuant to Local Law No. 2 of 1974

 

            RESOLVED:

 

            1.         That Barbara J. Kelley, a resident attorney-at-law, is appointed Public Defender with term of office commencing January 1, 2010, and expiring December 31, 2013.

 

            Moved by:  Mr. Fanton                                                                            Adopted:  Voice Vote

            Seconded by:  Mr. Hopkins

 

RESOLUTION NO. 9-10

 

APPOINTMENT OF DIRECTOR OF OFFICE FOR THE AGING

 

Offered by:  Legislator Douglas D. Burdick

 

Pursuant to Local Law No. 8 of 1974

 

            RESOLVED:

 

            1.         That Kimberley Toot is appointed Director of the Office for the Aging to serve during the pleasure of this Board of Legislators and until a successor is appointed and qualified.

 

            Moved by:  Mr. Burdick                                                                          Adopted:  Voice Vote

            Seconded by:  Mr. Russo

 

RESOLUTION NO. 10-10

 

APPOINTMENT OF DIRECTOR OF DEVELOPMENT

 

Offered by:  Legislator Dwight R. Fanton

 

Pursuant to Local Law No. 2 of 1985

 

            RESOLVED:

 

            1.         That John E. Foels is appointed Director of Development to serve during the pleasure of this Board of Legislators and until a successor is appointed and has qualified.

 

            Moved by:  Mr. Fanton                                                                            Adopted:  Voice Vote

            Seconded by:  Mr. Pullen

 

RESOLUTION NO. 11-10

 

APPOINTMENT OF COUNTY FIRE COORDINATOR

 

Offered by:  Legislator Norman G. Ungermann

 

Pursuant to County Law § 225-a

 

            RESOLVED:

 

            1.         That Paul Gallmann is appointed County Fire Coordinator to serve during the pleasure of this Board of Legislators and until a successor is appointed and qualified.

 

            Moved by:  Mr. Ungermann                                                                    Adopted:  Voice Vote

            Seconded by:  Mr. Healy

 

RESOLUTION NO. 12-10

 

APPOINTMENT OF COUNTY HISTORIAN

 

Offered by:  Legislator Timothy J. O’Grady

 

Pursuant to County Law § 400 (4) and Arts and Cultural Affairs Law § 57.07

 

            RESOLVED:

 

            1.         That Craig R. Braack is appointed County Historian to serve during the pleasure of this Board of Legislators and until a successor is appointed and qualified.

 

            Moved by:  Mr. O’Grady                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. Fanton

 

RESOLUTION NO. 13-10

 

APPOINTMENT OF DIRECTOR OF INFORMATION TECHNOLOGY

 

Offered by:  Legislator Philip Curran

 

Pursuant to Local Law No. 5 of 1993

 

            RESOLVED:

 

            1.         That Deborah M. Button is appointed Director of Information Technology to serve during the pleasure of this Board of Legislators and until a successor is appointed and has qualified.

 

            Moved by:  Mr. Curran                                                                            Adopted:  Voice Vote

            Seconded by:  Mr. Hopkins

 

RESOLUTION NO. 14-10

 

APPOINTMENT OF YOUTH BUREAU PROGRAM DIRECTOR

 

Offered by:  Legislator Theodore L. Hopkins

 

            RESOLVED:

 

            1.         That Linda Edwards is appointed Youth Bureau Program Director to serve during the pleasure of this Board of Legislators and until a successor is appointed and has qualified.

 

            Moved by:  Mr. Hopkins                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. Russo

 

RESOLUTION NO. 15-10

 

DESIGNATION OF MEMBER OF BOARD OF LEGISLATORS AS

COUNTY JURY BOARD MEMBER

 

Offered by:  Legislator Curtis W. Crandall

 

Pursuant to Judiciary Law § 503 (a) 1.

 

            RESOLVED:

 

            1.         That Legislator Dwight “Mike” Healy is designated as a member of the County Jury Board to serve during the pleasure of this Board of Legislators and so long as he remains a County Legislator.

 

            Moved by:  Mr. Crandall                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. Fanton

 

RESOLUTION NO. 16-10

 

RESOLUTION SETTING DATE OF PUBLIC HEARING ON

A LOCAL LAW TO AMEND LOCAL LAW NO. 2 OF 1985, AS AMENDED,

IN RELATION TO ELIMINATING THE DEVELOPMENT ADVISORY BOARD

 

Offered by:  Legislator Curtis W. Crandall

 

            WHEREAS, on this 4th day of January 2010, a local law (Intro. No. 1-2010, Print No. 1) was introduced to amend Local Law No. 2 of 1985 so as to eliminate the Development Advisory Board, 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 January 25, 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. 1-2010, 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. Hopkins                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. Fanton

 

RESOLUTION NO. 17-10

 

REPEALING RESOLUTION NO. 41-93 AND RESOLUTION NO. 110-07,

TO DISSOLVE THE COUNTY CITIZENS ADVISORY COMMITTEE ON TOURISM

 

Offered by:  Legislator Curtis W. Crandall

 

            WHEREAS, the role of the County Citizens Advisory Committee on Tourism will be undertaken by the Comprehensive Plan Implementation Group, now therefore, be it

 

            RESOLVED:

 

            1.         That Resolution Nos. 41-93 and 110-07 are hereby repealed.

 

            2.         That this resolution shall take effect immediately.

 

            Moved by:  Mr. Hopkins                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. O’Grady

 

RESOLUTION NO. 18-10

 

AMENDING RESOLUTION NO. 125-08 TO EXPAND THE SIZE OF THE COMPREHENSIVE PLAN IMPLEMENTATION GROUP TO TWENTY MEMBERS

 

Offered by:  Legislator Curtis W. Crandall

 

            WHEREAS, in 2008, the County adopted a County Comprehensive Plan that, among many things, addressed the role of tourism in Allegany County, and

 

            WHEREAS, the role of tourism should be considered in light of the many aspects of economic development and quality of life issues in Allegany County, and

 

            WHEREAS, by separate resolution, the County Citizens Advisory Committee on Tourism is to be dissolved, and

 

            WHEREAS, by amendment of Local Law No. 2 of 1985, the Development Advisory Board is to be eliminated, and

 

            WHEREAS, a single committee acting in an advisory capacity on the many issues related to the County Comprehensive Plan will best serve the citizens of Allegany County, and       

 

            WHEREAS, the Comprehensive Plan Implementation Group, as established by Resolution No. 125-08, provides the best mechanism for providing constructive advice on these various issues, and

 

            WHEREAS, the size of the Comprehensive Plan Implementation Group should be expanded to enhance its effectiveness as the primary advisory body on these issues, therefore, be it

 

            RESOLVED:

 

            1.         That section two of Resolution No. 125-08 is amended to read as follows:

 

2.         That a new committee to be known as the Comprehensive Plan Implementation Group consisting of twenty (20) members, all of whom are to be residents of Allegany County, is hereby created.

 

            2.         That section four of Resolution No. 125-08 is amended to read as follows:

 

4.         That the Comprehensive Plan Implementation Group shall be advisory in nature and shall report directly to the Planning and Economic Development Committee of the Allegany County Board of Legislators.

 

            3.         That section four of Resolution No. 125-08 shall be renumbered as section 5.

 

            4.         That this resolution shall take effect immediately.            

 

            Moved by:  Mr. Hopkins                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. Pullen

 

RESOLUTION NO. 19-10

 

A RESOLUTION TO CREATE AN AD HOC COMMITTEE

TO ADDRESS ISSUES PERTAINING TO

COUNTY-WIDE COMMUNICATIONS AND TECHNOLOGY SYSTEMS

 

Offered by:  Legislator Curtis W. Crandall

 

            WHEREAS, throughout 2009, the Allegany County Board of Legislators has committed its energies toward the development of enhanced information technology systems and services throughout the County, and

 

            WHEREAS, the County Board of Legislators approved funding for studying the feasibility of developing a wider distribution of broadband availability throughout the County, and

 

            WHEREAS, the result of said study suggests there are numerous regions within the County where enhanced and improved communications and information technologies can be provided, now, therefore, be it

 

            RESOLVED:

 

            1.         There is hereby created a special Ad Hoc Committee entitled “Communications and Technology.”

 

            2.         That said Committee shall be charged with the responsibility of continuing the process of exploring those measures necessary to broaden and enhance the availability of both communications and information technology throughout Allegany County.

 

            3.         That said Committee shall consist of at least four (4) but not more than seven (7) members all of whom shall be appointed by and serve at the pleasure of the Chairman of the Board of Legislators.

 

            4.         That the Chairman of said Committee shall be a duly elected County Legislator not withstanding, however, that certain members may be private citizens who possess expertise in the fields of communications and/or information technology.

 

            5.         That said Committee shall report to the Planning and Economic Development committee.

 

            Moved by:  Mr. Russo                                                                             Adopted:  Voice Vote

            Seconded by:  Mr. Pullen

 

RESOLUTION NO. 20-10

 

A RESOLUTION TO CREATE AN AD HOC COMMITTEE

TO RESEARCH AND DEVELOP LEGISLATIVE STRATEGIES PERTAINING TO

THE UTILIZATION OF ENERGY-BASED NATURAL RESOURCES

 

Offered by:  Legislator Curtis W. Crandall

 

            WHEREAS, the County of Allegany, New York has a wide history in the industry of crude oil and natural gas extraction, and

 

            WHEREAS, this industry in the early twentieth century was responsible for a vibrant local economy and the creation of wealth, and

 

            WHEREAS, it is known there remains substantial deposits of both crude oil and natural gas in deep geologic formations beneath Allegany County, and

 

            WHEREAS, the State of New York is taking steps from both a policy and regulatory perspective to address the potential of increased extraction activity as it pertains to existing reserves of crude oil and natural gas, and

 

            WHEREAS, it is in the best interest of the citizens of Allegany County to have its County governmental leaders well informed of activities which may occur as these policies and regulations unfold, now, therefore, be it

 

            RESOLVED:

 

            1.         That there is hereby created a special Ad Hoc Committee entitled “Energy and Resources.”

 

            2.         That said Committee shall be charged with the responsibility of developing legislative strategies to promote the re-establishment of the crude oil and natural gas extraction industry within the County.

 

            3.         That said Committee shall consist of at least three (3) though not more than five (5) members all of whom shall be duly elected members of the Allegany County Board of Legislators.

 

            4.         That all members of the Committee shall be appointed by the Chairman of the Board of Legislators and shall serve at his pleasure.

 

            5.         That, from time to time, the members of the Committee may solicit guidance, advice, and/or recommendations on specific issues pertaining to its legislative charge from members of the public or private sectors.

 

            6.         That said Committee shall report to the Planning and Economic Development Committee.

 

            Moved by:  Mr. Fanton                                                                            Adopted:  Voice Vote

            Seconded by:  Mr. Hopkins

 

STATEMENT BY COUNTY ATTORNEY:

 

            County Attorney Thomas Miner read the following prepared statement:

 

            “Earlier today, I received a copy of the Decision and Judgment of this date issued by Justice NeMoyer in the Citizens for Responsible Government lawsuit against Allegany County and the State of New York.  The lawsuit was dismissed in its entirety.  I have a few copies of this decision which I will make available to members of the media.  If anyone else wishes a copy of the decision, let me know and I will get you one.

 

            Although I am pleased with this Decision, I am not surprised.  The result and the reasoning behind this decision are what I predicted several months ago when trying to dissuade Mr. Scott from filing a lawsuit.  I do not want to attach the motives behind this lawsuit, as I believe we all feel aggrieved by state mandates that fall disproportionately hard on the overburdened taxpayers of this County.  However, knowing which battles to fight and how to win them must guide the choices we make.

 

            This lawsuit has wasted time and money – both the County’s and the State’s.  The Courthouse Project must move forward.  We don’t have to like that fact to recognize its reality.  As both a taxpayer and your County Attorney, my hope is that the petitioner in this matter, Citizens for Responsible Government, will now work with us and not against us.

 

Sincerely,

Thomas A. Miner, Allegany County Attorney”

 

APPOINTMENTS:

 

            The Clerk of the Board announced that Chairman Crandall has made the following appointments:

 

AGRICULTURAL AND FARMLAND PROTECTION BOARD  (Pursuant to Agriculture & Markets Law Section 302 and Resolution No. 42-93):

Rodney K. Bennett, Coterminous with his designation as Chairman of Soil and Water Conservation District’s Board of Directors, for a one-year term expiring December 31, 2010

Theodore L. Hopkins, Coterminous with his term of office as County Legislator, for a four-year term expiring December 31, 2013

 

CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD  (Reappointed jointly with Michael O’Brien, Chairman of the Cattaraugus County Legislature, for a three-year term expiring December 31, 2012):

                        Karen Comstock                   Carrie Childs

                        Jesse Gugino                        Sherry Grugel

                        Charlie Kalthoff                      Linda Kolodziejski

                        Brad Monroe                         Hobie Rhinehart

 

CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD YOUTH COUNCIL  (Appointed jointly with Michael O’Brien, Chairman of the Cattaraugus County Legislature, for a two-year term expiring December 31, 2011):

                        Carol Cash, Allegany County Employment & Training

                        Sherry Weirich, Allegany County Employment & Training

                        Hobart Rhinehart, WIB Member Liaison

                        Betty Hicks, Cattaraugus County Employment Specialist

                        Heather Simon, Southern Tier Traveling Teacher, Inc.

                        Judy Nannen, NYSED – VESID

                        Linda Edstrom, Olean

 

COMPREHENSIVE PLAN IMPLEMENTATION GROUP  (To serve at the pleasure of the Chairman, pursuant to Resolutions No. 125-08, as amended by Resolution No. 18-10, for a one-year term):

                        Charles Jessup, Alfred Station                    Linda Clayson, Belmont

                        Edward Eicher, Wellsville                            William Shuler, Cuba

                        Lee Gridley, Wellsville                                  Gretchen Hanchett, Belmont

                        Sherry Grugel, Cuba                         Elaine Hardman, Wellsville

                        Deborah Clark, Alfred                                  Donald Cameron, Alfred Station

                        Gretchen Gary, Belmont                               Lee James, Cuba

                        Raymond DeTine, Belmont              Craig Smith, Fillmore

                        Barbara Deming, Cuba                                Joel Kassirer, Angelica

                        Steve Havey, Wellsville                                Frederick Sinclair, Scio

                        Frederic Marks, Almond                              William Hart, Wellsville

                       

CORNELL COOPERATIVE EXTENSION OF ALLEGANY COUNTY, LEGISLATIVE REPRESENTATIVE MEMBER  (Recommendation by Chairman Crandall to their Board of Directors, for a one-year term):

                        David T. Pullen, Fillmore

 

EMERGENCY INTERIM SUCCESSOR  (To serve at the pleasure of the Chairman for a one-year term):

                        Theodore L. Hopkins, Fillmore

 

OFFICE OF EMERGENCY SERVICES, DIRECTOR  (To serve at the pleasure of the Chairman, in accordance with the provisions of applicable law, for a one-year term):

                        John C. Tucker, Belmont

 

INTERCOUNTY ASSOCIATION OF COUNTY LEGISLATIVE BODIES OF WESTERN NEW YORK  (To serve at the pleasure of the Chairman, for a one-year term):

                 Voting Members:

                        Glenn R. Benson, Whitesville

                        Kevin S. LaForge, Wellsville

                        Brenda Rigby Riehle, Belmont

                 Alternate Voting Members:

                        Philip B. Curran, Alfred Station

                        Dwight “Mike” Healy, Belmont        

 

MERCY FLIGHT CIVIC ADVISORY COMMITTEE  (To serve at the pleasure of the Chairman, for a one-year term):

                        Christine Johnson, Angelica

 

REGION 9 OPEN SPACE ADVISORY COMMITTEE  (To serve at the pleasure of the Chairman, for a one-year term):

                        H. Kier Dirlam, Angelica

 

RESOURCE CONSERVATION AND DEVELOPMENT BOARD  (To serve at the pleasure of the Chairman, for a one-year term):

                 County Representative Member: 

                        Gretchen T. Gary, Belfast

                 County Alternate: 

                        Philip B. Curran, Alfred Station

                 Legislative Member: 

                        Norman G. Ungermann, Jr., Cuba

                 Member At Large: 

                        Thomas Parmenter, Fillmore

 

SOLID WASTE HEARING BOARD  (To serve at the pleasure of the Chairman, pursuant to Resolution No. 211-04 and Local Law No. 3 of 2004, for a one-year term):

                        Dwight R. Fanton, Chairman of the Public Works Committee

                        Daniel Russo, District IV Legislator

                        Donald L. Cady, District III Legislator

                 Alternates:

                                    Glenn R. Benson, District III Legislator

                                    Douglas D. Burdick, District V Legislator

 

SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED (STOP DWI), COORDINATOR  (To serve at the pleasure of the Chairman, pursuant to Vehicle and Traffic Law Section 1197 and Resolution No. 29-82, for a one-year term):

                        Linda S. Edwards, Houghton

 

ALLEGANY COUNTY TRANSPORTATION TASK FORCE  (To serve at the pleasure of the Chairman, for a one-year term):

                        William M. Hall, Alfred

                        Dwight “Mike” Healy, Belmont

 

            The Clerk of the Board announced that Chairman Crandall has made the following appointments, all of which are subject to confirmation by the Board of Legislators:

 

CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING  (Three-year term):

                        Keith Folts, Fillmore

                        Reita Sobeck-Lynch, Wellsville

                        Beverly Armstrong, Wellsville

                        Mona Pettit, Cuba

 

REGION 9 FISH & WILDLIFE MANAGEMENT BOARD  (Two-year term):

                 Legislative Representative Member:                            

                        Dwight R. Fanton, Wellsville

                 Alternate Legislative Representative Member:           

                        Douglas D. Burdick, Alfred Station

                 Sportsmen’s Representative Member:            

                        Gilbert Childs, Richburg

                 Alternate Sportsmen’s Representative Member:        

                        John Lewis, Wellsville

 

REGION 9 FOREST PRACTICE BOARD  (Pursuant to Environmental Conservation Law Section 9-0705, for a two-year term):

                 Legislative Member: 

                        Aaron McGraw, Alfred Station

 

ALLEGANY COUNTY PLANNING BOARD  (Three-year term):

                 District  IV Members:

                        Clifford Ackley, Wellsville

                        Lee Gridley, Wellsville

                 Ex-Officio Members:   (Annual Appointment)

                                    David Roeske, Superintendent of Public Works, Wellsville, NY

                                    Terri L. Ross, County Treasurer, Angelica, NY

                                    Theodore L. Hopkins, Ways & Means Committee Chairman

 

VETERANS’ SERVICE AGENCY, DIRECTOR  (One-year term):

                        Harvey Scott Spillane, Wellsville

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

             1.        Communication from the Republican Party Members of the Allegany County Board of Legislators recommending that the Chairman designate Theodore L. Hopkins as Majority Leader of said Board for 2010.

 

             2.        Any Legislator wishing to attend the NYSAC Conference in Albany from February 8 through February 10, 2010, should let Brenda Rigby Riehle know today or as soon as possible.

 

            3.         Chairman Crandall recognized former Legislator Bob McNinch, who was present at the meeting.  Mr. McNinch was a charter member of this Board and was also on the previous Board of Supervisors before the change took place in 1970.

 

MESSAGE FROM THE CHAIRMAN:

 

            “I would like to welcome our elected officials, department heads, family, friends, and media to today’s meeting, and thank you for being here.  I think one of the main attractions to our organization meeting is the distribution of committee assignments.  I will tell you that much thought and deliberation goes into putting these assignments together, and it is one of the more difficult challenges of the Chairman’s duties.  I am confident in the selections made for the Chairman of each standing and ad hoc committee and the balanced blend of membership on the committees as well.

 

            As I begin this message, the first order of business is to address my colleagues and humbly say “thank you” for the honor and privilege you have given me by selecting me Chairman of the Allegany County Board of Legislators.  I accept this position with utmost sincerity, and my promise to you is that I will treat this position with the dignity it deserves, and do all I can to help this Board not only meet, but exceed the responsibilities each of us is charged with as County Legislators.

 

            I would like to acknowledge the department heads and the employees of Allegany County.  Your hard work and dedication is noticed and it is appreciated.  Thank you for the great jobs you do.  Acknowledgment and appreciation is due to all of the citizens who travel, meet, volunteer, and lend their expertise and assistance on a regular basis to our advisory boards, committees, and councils.  Hundreds of Allegany County’s finest people devote themselves to causes that help make our community a better place to live.  I sincerely thank all of our volunteers.  This appreciation and thank you would also extend to the men and women in our Volunteer Fire and Rescue units; nothing could be said to properly express the sincere appreciation for your service.  Other places claim a great history, heritage, and people, but I know that none can compare to Allegany County.

 

            It’s time for a change.  I didn’t just make that up; I heard it not too long ago.  Was it during the primary or general election?  Maybe I read it someplace, like a local newspaper, possibly on a palm card, or in an election interview.  It seems it has been a popular theme in recent elections.

 

            It’s time for a change.  Wherever and whenever I have heard it in the past, it has never been defined very well, if at all.  Only that it’s time for a change.  I would like to say that I agree with the statement, especially if I get to define it.

 

            For the past several years, if not the past several decades, this Board has had issues to deal with that have been out of its control, projects and dilemmas that through federal and state legislation and programs, coupled with our demographics, needed to be addressed.  Past legislators that sat in these seats, just like us, have taken the same oath of office we just took, an oath to live by and uphold the constitution and the laws of our land.

 

            So what’s new?  What could be different at this time?  We still have federal and state legislation to deal with, possibly even more oppressive than in the past.  That is true; however, we have several things that no other Allegany County Board of Legislators has had.

 

  • We are starting this session with possibly the largest fund balance of any Board in our County’s history, a balance of over $9 million.  Only a few short years ago, we had a negative fund balance of close to $4 million.
  • We are the first Board to begin our session with a project in hand and approved that properly addresses the Court Facilities Capital Plan Act passed by the State Legislature in 1987.
  • We are the first Board to begin our session with a municipal agreement in place with the Town of Friendship, the engineering in place, and a defined project for development at the Crossroads area at I-86 and State Route 19.
  • We are the first Board to sit down on day one with a Comprehensive Plan complete and in working order, ready to be utilized.
  • This Board begins with a new standing committee, the Planning and Economic Development Committee.  Other Boards have had a Planning and Development Committee, but I feel that we now have better defined goals and direction, and because of this, time will prove our efforts superior to those in the past.
  • We are the first Board to have a Deputy Administrator in place.  This should prove to expand on the efficiencies in the Administrator’s Office and allow for time to be spent on actions beyond the day-to-day operations of our County.

 

            We took steps a few minutes ago for change, a positive change in the way we approach the development of Allegany County.  With the resolutions passed to consolidate several development advisory boards into one, and a concentration of efforts by some very capable people, coupled with the newly adopted Comprehensive Plan and an expanded Comprehensive Plan Implementation Group, this Board, within minutes of taking office, has set in motion a positive change for Allegany County.

 

            Does my tone suggest that somehow this Board is starting with a silver spoon, and is somehow immune to issues and problems faced by our predecessors?  Absolutely not.  In fact, our challenges may leave those faced by other Boards looking a little light.  We may look back and say that we long for the days we could just build a Jail or Courthouse to comply with mandates from the state.  As we take office and start this term, I do believe that we start with a leg up at the local level, but I also know that on the state and federal level, we will be facing challenges that have not yet been defined.  While Allegany County’s financial position has improved, New York State’s is possibly the worst in its history.  According to State Comptroller Tom DiNapoli, the state is officially living paycheck to paycheck.  While the state’s fiscal year doesn’t end until March 31, its cash shortage has put the state’s General Fund in a deficit for the first time ever.  Last Wednesday, New York State had a negative balance of $174 million, with nearly $1 billion in bills owed at day’s end.  How can the federal and state governments continue their programs, which we, in many cases are charged with administering, not address changes to these programs, without a negative impact on Allegany County?  When speaking of time for a change, my first suggestion for change would be at the upper levels of government.  Positive changes to the way business is conducted at those levels would have a positive change on the way business is conducted at the county, town and village level in Allegany County.

 

            Predictions for New York State finances, by all accounts, worsen over the next few years.  Our contribution to the State Retirement Fund alone will increase substantially in 2010 and 2011 to the point where it could be triple our current obligation.

 

            Yes, I am for change.  I sat on this Board when we worked hard to get the property tax increase to a single digit.  We were forced to make difficult decisions to meet our mandated obligations and to better the overall financial position of Allegany County, with limited resources left to pursue sustainable development.

 

            I am for changing our efforts from having to deal with projects and issues that are out of our control, to a proactive role in the planning and economic development of Allegany County, which will have a positive and lasting effect long after we are gone.

 

            I have talked of this in the past, and given our circumstances, I truly feel that during our term on this Board we can achieve what no other Board before us has been able to.  We will continue to meet the obligations from the federal and state government, while at the same time insist that the necessary and positive change be made to the mandates on local government.  We will also continue the example, which we displayed a few minutes ago - that of being proactive towards the future of Allegany County.

 

            I would like to say to the incumbent members of the Board, that it has been a pleasure to work with each of you in the past, and I look forward to working with you in the future.  We have been challenged with some major issues in recent years, and we have collectively met those challenges head-on.

 

  • We were the first Board of Legislators charged with operating the new Jail and Public Safety Facility, a project that financially has proven to go as planned.
  • We saw Medicaid’s local share “capped” at $8.5 million, due in part to our persistent push for relief.
  • We began with a huge negative fund balance, and we hand to this Board a much healthier financial statement.
  • It took most of our last term, but we made tough, yet well thought out decisions regarding our Court Facilities and prevented inevitable sanctions if proper action was not taken.
  • We made decisions to improve the physical location and workspace needs of the Office for the Aging along with our Veterans’ Service Agency.
  • We adopted Allegany County’s first Comprehensive Plan.
  • To address public transportation for Allegany County, the Transportation Task Force was created to completely review and restructure this service so it properly meets the needs of our citizens in a fiscally responsible manner.
  • A couple of years ago, development of what is known as the Crossroads Project was in its early talking stage.  The project now has engineering and municipal agreements in place and lacks only the funds needed and official approval to proceed.
  • We have seen the successful launch of the Greater Allegany County Chamber of Commerce.
  • Major changes have taken place in our Health Department, with the privatization of home health care nursing.

 

            I would say that over the past few years, despite being sidetracked with the aforementioned Court Facilities Project, we didn’t do too badly, and I commend you on these accomplishments.

 

            To the Board members who have just taken office and are sitting in these seats officially for the first time, I welcome you, and look forward to our relationship, as we work together for the betterment of Allegany County.  Individually, you each bring to this Board a diverse background and experience that will help us meet new challenges, and meet new goals, as we carry out the duties we are charged with as the Allegany County Board of Legislators.

 

            It’s by working together that positive change is made, and a combination of experience and expertise, along with some new and fresh ideas, that will move things forward.  Together, as this brief message points out, we have both great opportunities and serious challenges lying before us.  It is up to you and me to make the most of them.  Our term as Legislators will go fast, let’s not waste it, let’s spend it on the proper stewardship, accomplishments, and good deeds, so that at the end of this short time together we can look back and say, Yes, we did make a difference for Allegany County.

 

Thank You,

Curt Crandall, Chairman, Allegany County Board of Legislators”

 

STANDING AND SPECIAL COMMITTEE ASSIGNMENTS:

 

            Chairman Crandall distributed copies of his assignments to the STANDING AND SPECIAL COMMITTEES OF THE BOARD OF LEGISLATORS FOR 2010.  (Assignments are as follows; Chairmen and Vice Chairmen are listed first):

 

            COURT FACILITIES AND COUNTY SPACE NEEDS:

            Pullen, Fanton, Benson, Cady, Curran, Russo

            HUMAN SERVICES:

            Burdick, Russo, Cady, LaForge, Sinclair

            PERSONNEL:

            O’Grady, Burdick, Benson, Cady, Fanton, Pullen, Ungermann

            Special - Negotiations Ad Hoc Committee:  (Sub-Committee of Personnel)

                        Pullen, O’Grady

            PLANNING AND ECONOMIC DEVELOPMENT:

            Sinclair, Pullen, Curran, Healy, Hopkins, LaForge, McGraw, O’Grady

            Special - Communications & Technology Ad Hoc Committee: (Sub-Committee of P&D)

                        Pullen, Healy, Mike Johnsen, Jerry Scott

            Special - Energy & Resources Ad Hoc Committee:  (Sub-Committee of P&D)

                        LaForge, Benson, Sinclair

            PUBLIC SAFETY:

            Healy, Benson, Burdick, Hopkins, McGraw, Russo

            PUBLIC WORKS:

            Fanton, O’Grady, Curran, Healy, Hopkins, McGraw, Ungermann

            WAYS & MEANS:

            Hopkins, Fanton, Burdick, Healy, LaForge, O’Grady, Pullen, Sinclair

      Special - Budget Committee:  (Sub-Committee of Ways & Means)

                  Hopkins, Fanton, Cady, Curran, LaForge, O’Grady

 

CHAIRMAN’S PRESENTATION OF CERTIFICATE:

 

            Chairman Crandall presented a certificate to John “Jack” Colligan, former United States Air Force Airman 1st Class, in grateful appreciation of his service to our Country.  Mr. Colligan’s service dates were from March 1951 to November 1958.  Following Basic Training at Sampson Air Force Base in Geneva, NY, duty stations included Fort Sam Houston, TX and Niagara Falls Air Force Base.  Among the commendations he received were the National Defense Medal and Conspicuous Cross.  Mr. Colligan led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.

 

ADJOURNMENT:  The meeting was adjourned at 3:15 p.m. on a motion made by Legislator Fanton, seconded by Legislator Hopkins and carried.