ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

JUNE 28, 2010

** APPROVED **

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CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall.

PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Coast Guard Storekeeper 1^st Class Mark Voorheis.

INVOCATION: The Invocation was given by Legislator Dwight Fanton.

ROLL CALL: 11 Present; 4 Absent (Legislators Benson, Hopkins, Pullen, and Russo).

APPROVAL OF MINUTES:

The Board meeting minutes of June 14, 2010, were approved on a motion made by Legislator Curran, seconded by Legislator Fanton and carried.

The Committee of the Whole meeting minutes of June 15, 2010, were approved on a motion made by Legislator Curran, seconded by Legislator Fanton and carried.

PUBLIC HEARING:

Chairman Crandall closed the regular meeting at 2:13 p.m. to hold a public hearing on Local Law Intro. No. 2-2010, Print No. 1, entitled “A Local Law to Amend Local Law Number Three of Nineteen Hundred Ninety-Two, as Amended, to Authorize the Appointment of a Deputy County Administrator and Define the Scope and Authority of the Deputy County Administrator within the Office of the County Administrator.” Comments from the public included the following:

Cynthia Gowiski, from Birdsall, read a prepared statement:

“I took a look back at some of the news articles from 1992 around the time the County established the position of County Administrator. At that time, then County Administrative Assistant John Margeson presented Legislators with a copy of the proposed local law to create the office and position of County Administrator. The resulting vote was noted in an article dated June 23, 1992, which read: ‘The vote was as close as it could get as Allegany County Legislators narrowly approved in an 8 to 7 vote to establish a County Administrator position.’ Another article stated that John Margeson was named as the new County Administrator and would take over that position October 1, with his current position of Administrative Assistant abolished.

Mr. Alger was hired in December of 2009 to fill this ‘abolished’ position. Now six months after the fact, we are participating in a public hearing to decide whether or not to do so? This seems a little bass-ackwards to me. When questioned about this at the June 14 Board meeting, County Attorney Miner responded that the County leadership wasn’t aware the state was going to take the position that we needed this process. I don’t buy it. Mr. Margeson was there back then when a public hearing was held in 1992 for the creation of the County Administrator position. According to the articles, about fifteen County residents were present, and the issue was debated for nearly 90 minutes. Comments included opposition to the creation of the position, as it would add another layer of government and cost to the taxpayers. Others opposed the position because it was not an elected position, and the voters would have no say if the Administrator was not doing a good job. One resident said he conducted his own survey, visiting small businesses and asking if they had been approached by the Legislative Chairman for an opinion. Of the 21 small businessmen he had approached, all were in opposition to the Administrator’s position. Apparently the public hearing was well documented, as there are several articles on it, so simply not knowing the public hearing was needed doesn’t cut the mustard with me. Especially when the action to stop the Courthouse construction by the citizens’ group was voided due to ‘unawareness’ of the four-month statute of limitations. Perhaps the hiring of Mr. Alger should also be voided due to this ‘unawareness,’ but that won’t happen because there seems to be a different set of rules where the public vs. government battle occurs.

Back in 1992, part of the incentive to create the County Administrator position was to save money by not hiring outside consultants to negotiate and ratify union contracts, as was listed as a duty for the new County Administrator position. This is currently not being done by our present County Administrator, and we’ve spent in the neighborhood of $150,000 so far between last year and this year on outside services for union contract negotiation, with no contracts in place yet. Will we now have two positions plus outside help to get the job done? The 1992 salary of roughly $40,000 for Mr. Margeson has grown into roughly $90,000 today. Will 5 percent per year pay raises also become the norm for this new Deputy County Administrator position? It should also be noted that effective January 1 of this year, new hires are required to contribute a percentage of health insurance costs. Is it true that since Mr. Alger was hired prior to January 1, he is now receiving health insurance coverage at no out-of-pocket cost to him?

I have absolutely nothing against Mr. Alger. I’m sure he is a very capable person. I am simply questioning the process surrounding and the need for the hiring of his position, and as some of the people present at the 1992 public hearing, I believe it and that of County Administrator should be elected positions. Two of the articles I found from back then also mentioned that creation of County Administrator could result in lessening the size of the Legislature as well. This topic apparently has been on the plate back and forth since at least 1992, so when will that be addressed? Hearings are poorly attended when held in the middle of a work day, as evidenced by the large crowd of roughly 200 people for the Outdoor Wood Boiler hearing on June 16 when held in the evening. You, as our elected officials, must start paying attention to suggestions and comments that have been re-run and re-run since 1992, at least, long before I started giving you grief.”

Sharon Collins, from Belfast, commented: “Aside from what Cindy provided, I was here when this position was created. I was here as an employee. At that time, the Legislative Chairman was Delores Cross. I had asked her a few questions about why this position was being created. She had thought that the salary would be in the mid $40,000 range. She felt that there would be no need for additional staff if there were a County Administrator. She also believed there would be cost savings: Clair Wentworth was the Budget Officer at the tune of $1,600 per year at that time; Mr. Margeson, if he were appointed, would not be taking a stipend for that. A per diem was given to the Chair of the Board, which would be Delores, to attend committee meetings; she’d give this responsibility to Mr. Margeson, and there’d be no recompense for that. I’m assuming that at this time there is no additional compensation for John to attend the meetings; is that correct?” Mr. Margeson responded that that was correct. Ms. Collins: “Then he was also to work with the unions annually to ratify contracts, which was a supposed savings of $4,000 to $5,000 per contract for the consultant, which would have worked out to be between $12,000 and $15,000.

It’s my understanding that Mr. Alger was hired prior to January 1; is that correct?” Mr. Margeson responded that that was correct. Ms. Collins: “It says in his job description that he will assist in the preparation of the County Budget; does he get a stipend for that?” Mr. Margeson responded that he did not. Ms. Collins: “Do you get a stipend for that?” Mr. Margeson responded that he receives a stipend to serve as Budget Officer.

Ms. Collins: “It says in Mr. Alger’s job description that he is to assist the County Administrator in overseeing the conduct of the collective bargaining process between the County and the collective bargaining units. My understanding is that the County has four unions. You have one union that’s been out for going on three and one-half years, which would be the Deputy Sheriffs’. You have another union that was new; that would be PEF or Professional Employees Federation. You have AFSCME, which just finished a contract in 2009. I understand that you have gone to impasse on that, and it was not very long at all before you declared impasse. What I would like to know is what duties do the County Administrator and Deputy County Administrator take on if we’re hiring attorneys to the tune of $150,000 over the last year? And if we’re paying that kind of money, why aren’t we getting results?” Mr. Margeson responded that the duty he takes on with regard to the relationship that we have with our lead negotiator is provision of information that he needs to effectively represent us at the negotiating table. Ms. Collins: “Do you make the decision as to whether you settle a contract?” Mr. Margeson replied that the Legislature makes that decision. Ms. Collins: “Do you make recommendations to the Legislature?” Mr. Margeson responded that he did. Ms. Collins: “When I was working here and dealing with union matters, you and I would sit across the table quite often; is that correct?” Mr. Margeson replied that it was correct. Ms. Collins: “I believe that the Legislature is Mr. Margeson’s boss, so you probably know what’s going on in collective bargaining; is that correct?” Mr. Crandall replied that the Board, through the Personnel Committee, set up an ad hoc committee to deal directly with negotiations. Ms. Collins: “But I’m not allowed at that meeting; correct?” Mr. Crandall noted that the ad hoc committee was set up just for negotiations. Mr. Margeson responded that collective bargaining negotiations are not public meetings. Ms. Collins: “My concern is that we’re spending a lot of money on negotiations and not getting results. If more of the public knew what was going on, they would also be concerned.” Mr. Margeson stated that Ms. Collins’ concern was well noted.

As there were no further comments, the public hearing was declared closed, and the Board reconvened in regular session.

PRIVILEGE OF THE FLOOR:

Chairman Crandall presented a certificate to Mark Voorheis, former United States Coast Guard Storekeeper 1^st Class, in grateful appreciation of his service to our Country. Mr. Voorheis’ service dates were from October 1967 to October 1971. Following Basic Training at Cape May, NJ, assignments included: U.S. Coast Guard Cutter Barataria WHEC-381 based at Alameda, CA, for Ocean Station Search and Rescue duty; and U.S. Coast Guard Base, Seattle, WA. Commendations he received included: National Defense Service Medal and Good Conduct Medal. Mr. Voorheis led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.

Chairman Crandall granted privilege of the floor to the following:

County Administrator John Margeson, Mark Balling, from Bovis Lend Lease, and Mark Kukuvka, from LaBella Associates gave a brief presentation to the Legislature as a way to provide an update on the Courthouse Project and provide some information to the public. Mr. Balling distributed a hand-out showing budget overview, schedule, and local labor participation so far on the job site. The budget overview includes total anticipated construction cost at $9,811,300, and the incidental cost budget at $2,566,158, for a combined anticipated project cost of $12,377,458. The budget before bid was $14,480,700, so the project is currently under budget by $2,103,242 or 14.5 percent. Construction cost is approximately 23 percent of the budget as work-in-place through the end of June, and incidental cost to date is about 51 percent of that budget, so total cost to date is $3,389,713 or 27 percent of the total budget. By comparison, construction contingency is tracked against budget as a gauge of how we’re doing on the “unforeseens” that come about. At this stage of the project, dealing with underground utilities, foundation excavation, and the potential for unknowns underground, Mr. Balling noted that they felt pretty good. Total construction contingency is $725,000, and they’ve allocated $88,819, which is 12 percent. Contingency usage is at 12 percent versus 23 percent work in place. If those two items track in line, that’s OK, but contingency usage is well below work in place, which is good.

Legislator Ungermann questioned the costs that were not included in the construction report, such as the widening of the access road (Mr. Balling replied that the driveway costs are included in the incidental budget), the additional work on the Baptist Church parking lot (not included), and engineering costs for the new maintenance building (not included). Mr. Ungermann stated that we need a running total of the things that aren’t included in the construction cost report so we’ll know the true cost of the project.

Mr. Balling reported on the schedule overview and update. From a schedule perspective, the project is broken out into three phases: Phase 1 was the utility relocations within and out of the footprint of the Addition, and it allowed the construction of the Addition to begin; Phase 2 is the actual Courthouse Addition; and Phase 3 is renovating the existing Courthouse when the Addition is complete. The overall project duration is January of this year through July of 2011, and at this point, they’re tracking on schedule for July 2011 completion. There was an impact when they experienced some utilities that were at different elevations than the documents provided prior to bid. The necessary redesign was completed, and materials were procured. Part of that period of impact has been made up by a shorter duration on Phase 3, so overall, they’re tracking on schedule. The Addition should be completed in February 2011.

Mr. Balling commented on local labor participation: approximately 25 percent of the on-site labor to date has consisted of residents from Allegany County, including engineers, laborers, carpenters, masons, electricians, and pipe fitters, as well as a third-party inspector, Bovis’ own superintendent, and the general contractor’s superintendent. The percentage will vary by trade. They had a pretty good percentage with the foundation work and some of the site work, and with subsequent trades, they hopefully can keep that up. Mr. Balling noted that the prevailing wage rates in the schedule provide an advantage to hiring local labor, and they’ve been trying to persuade the contractors to utilize that.

Chairman Crandall pointed out that Mr. Balling attends the monthly Court Facilities and County Space Needs Committee meetings along with Mr. Kukuvka, and there are printouts provided to the committee. Those updates are being placed on the County’s website, so all of the financial information and project updates that are given to the committee are also available for the public to track and follow along.

Michael Burke, Tourism Coordinator, provided a County Tourism update. Mr. Burke distributed copies of Tourism’s latest offerings, providing a snapshot of what they’ve been doing to date to promote the County statewide and within the County. He highlighted the “Festivals and Events” brochure and the newest release, “Spring, Summer, Fall.” This is the first time they’ve offered advertising in their brochures at a reduced rate to tourism-related businesses in the community. Also there’s an updated map in the new brochure, the most comprehensive of the six brochures that will be offered during the year. The next group of brochures to be coming out will be “Scenic Drives,” “Historic Trails,” “Artisans and Galleries,” and also Rack Cards. Rack Cards will have the greatest distribution. To date, they have released 25 cases of 660 each of the Events brochure statewide, and there will be a total of 60,000 copies to be distributed. When they’re ready, the Rack Cards will go to the same distribution list, with a total of 70,000 copies going out.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

Copies of the following were placed on each Legislator’s desk:

1. July 2010 Calendar of Board and Standing Committee meeting dates.

The following communications were also acknowledged:

1. Correspondence from Edward Eicher, Chairman of the Comprehensive Plan Implementation Group, providing an interim report.

2. Correspondence from Congressman Bill Owens regarding an extension of the Federal Medical Assistance Percentage (FMAP).

3. Correspondence from Dr. Robert Anderson announcing the appointment of Lindy White as the Assistant Director of Community Services for Allegany County.

4. Correspondence from Fulton County Administrative Officer/Clerk of the Board Jon Stead regarding a “Truth in Taxation Local Law.”

5. Southern Tier West Regional Planning & Development Board forwarded a copy of their May 20 meeting minutes along with a meeting notice for June 24.

6. Excerpt from the Emergency Management Times regarding hazard mitigation in Allegany County.

7. Legislator Donald Cady received a certificate for being the oldest runner to complete a 5K run to benefit breast cancer.

APPOINTMENTS:

The Clerk of the Board announced that Chairman Curtis W. Crandall, in a joint measure with Michael T. O’Brien, Chairman of the Cattaraugus County Board of Legislators, has appointed Chris Romanchock from Alfred University and Dana Oakes of the Cattaraugus County Youth Bureau to serve on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD YOUTH COUNCIL for the remainder of a two-year term expiring December 31, 2010. Chairman Crandall and Chairman O’Brien also appointed Corrie Phetteplace from Cattaraugus Community Action to fill the unexpired two-year term of Erin Schwab expiring December 31, 2010.

RESOLUTIONS:

RESOLUTION NO. 133-10

ADOPTION OF LOCAL LAW INTRO. NO. 2-2010, PRINT NO. 1, A LOCAL LAW TO AMEND LOCAL LAW NUMBER THREE OF NINETEEN HUNDRED NINETY-TWO,

AS AMENDED, TO AUTHORIZE THE APPOINTMENT OF A

DEPUTY COUNTY ADMINISTRATOR AND DEFINE THE SCOPE AND AUTHORITY OF

THE DEPUTY COUNTY ADMINISTRATOR WITHIN THE OFFICE OF

THE COUNTY ADMINISTRATOR

Offered by: Ways and Means Committee

RESOLVED:

1. That proposed Local Law, Intro. No. 2-2010, Print No. 1, is adopted without any change in language, to wit:

COUNTY OF ALLEGANY

Intro. No. 2-2010 Print No. 1

A LOCAL LAW TO AMEND LOCAL LAW NUMBER THREE OF

NINETEEN HUNDRED NINETY-TWO, AS AMENDED, TO AUTHORIZE

THE APPOINTMENT OF A DEPUTY COUNTY ADMINISTRATOR

AND DEFINE THE SCOPE AND AUTHORITY OF

THE DEPUTY COUNTY ADMINISTRATOR WITHIN THE OFFICE OF

THE COUNTY ADMINISTRATOR

BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows:

Section 1. Subdivision a. of section five of Local Law Number Three of Nineteen Hundred Ninety-Two is amended to read as follows:

a. to appoint a Deputy County Administrator, in the exempt class for purposes of the Civil Service Law, who shall, in the absence or inability of the County Administrator to act, or during a vacancy in the County Administrator’s Office, have all the powers of the County Administrator provided herein and the County Administrator shall also have the authority to appoint such additional staff within the Office of the County Administrator as may be authorized by the Board of Legislators;

Section 2. This local law shall take effect immediately.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Sinclair 9 Ayes, 2 Noes, 4 Absent

Voting No: Cady, Ungermann

Comments made regarding Resolution No. 133-10 included the following:

Legislator Ungermann remarked that he supported hiring Mr. Alger in the hope that there would be a smooth transition when Mr. Margeson retires, but he believes that the position should be County Executive rather than County Administrator so there would be some responsibility to the taxpayer and not just to the Legislative Board. The position should be an elected position. Back in 1992, in conversations with Delores Cross, the idea was to have a County Administrator for a couple of years and then turn it into an elected position. That never happened. We’ve shoved discussion about this off to the side just like we have in reducing the size of the Legislature. There are five districts in the County. Regardless of how that changes after the census or the next election, if we end up with five districts, five Legislators would be adequate. Mr. Ungermann noted that he would like to see discussions on that. Resolutions have been brought forward, but they’ve just been buried. Let the people decide if they want an elected County Executive and if they want to reduce the size of the County Legislature.

Legislator Cady stated that he was not privy to the original decision making, and he was being asked to approve a correction of what should have been done then, so he didn’t support the resolution on that basis.

RESOLUTION NO. 134-10

APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH

SOUTHERN TIER WEST REGIONAL PLANNING AND DEVELOPMENT BOARD FOR

THE CONSTRUCTION OF A NEW TOWER AT THE ACKERMAN HILL SITE; AUTHORIZING THE EXPENDITURE OF FUNDS UP TO A MAXIMUM OF $50,000

Offered by: Ways and Means Committee

WHEREAS, the County is in the process of upgrading its Public Safety Interoperable Communications system, and

WHEREAS, over the coming year, the County plans to install new radio equipment on its towers as part of its Public Safety Interoperable Communications system upgrade, and

WHEREAS, due to its age and size the tower on Ackerman Hill is in need of replacement, and

WHEREAS, in addition to accommodating the County’s Public Safety Interoperable Communications equipment, a larger 300 foot tower at the Ackerman Hill site will provide space to accommodate wireless broadband equipment and therefore assist in the goal of making high speed internet access available to more County residents, and

WHEREAS, additional tower space will provide the opportunity for obtaining more income through licensing such tower space to other users, and

WHEREAS, Southern Tier West has indicated that they have $180,000 of grant funds that can be used to construct a new tower at the Ackerman Hill site if those funds can be spent by the middle of August, and

WHEREAS, before a new tower can be constructed it will be necessary to procure a geotechnical study of the site at a cost of $5,000, and

WHEREAS, it is estimated that the cost of constructing a 300 foot tower might increase the cost of construction above the $180,000 available to Southern Tier West by a maximum of $45,000, and

WHEREAS, if a new tower can be constructed at the Ackerman Hill site by the end of this summer, this will aid the County by replacing a tower already in need of replacement and save the cost of moving the County’s radio equipment from the old tower to the replacement tower, and

WHEREAS, in order to use these funds, Southern Tier West must initially own the tower and have access to the site under a lease from the County, and

WHEREAS, after five years the tower is to revert back to the County for one dollar, now, therefore, be it

RESOLVED:

1. That this Board hereby approves a Memorandum of Understanding with Southern Tier West Regional Planning and Development Board which provides that Allegany County agrees to lease its lands at the Ackerman Hill site for a period of five years to enable Southern Tier West to construct a 300 foot tower.

2. That the Allegany County Board of Legislators hereby approves an expenditure of funds from the County’s contingency account in an amount not to exceed $50,000, to cover the cost of a geotechnical study of the tower site and the cost necessary to reimburse Southern Tier West for project costs in excess of $180,000.

3. That the Chairman of this Board is authorized to sign the Memorandum of Understanding together with any other documents related to the underlying project.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Healy 11 Ayes, 0 Noes, 4 Absent

RESOLUTION INTRO. NO. 137-10 (CREATING TEN PART-TIME DEPUTY SHERIFF POSITIONS IN THE ALLEGANY COUNTY SHERIFF’S OFFICE) was TABLED and REFERRED TO PERSONNEL COMMITTEE following a motion made by Legislator Healy, seconded by Legislator Sinclair and carried.

(Memo: Resolution Intro. No. 137-10 was requested to enable the Sheriff’s Office to staff details outside the jail that require police officers when full-time Deputy Sheriff staff are unavailable. Filling those details with part-time rather than full-time employees will reduce costs. Rate of pay for the part-time positions will be $15 per hour.)

RESOLUTION NO. 135-10

REAPPOINTMENT OF TWO MEMBERS TO COUNTY BOARD OF HEALTH

Offered by: Human Services Committee

Pursuant to Public Health Law §§ 343 and 344

RESOLVED:

1. That Willard L. Simons is reappointed to fill the remainder of a six-year term to the County Board of Health expiring July 7, 2015, and Leo Cusumano is reappointed to the County Board of Health for a six-year term beginning July 8, 2010, and expiring July 7, 2016.

Moved by: Mr. Burdick Adopted: Voice Vote

Seconded by: Mr. Healy

RESOLUTION NO. 136-10

APPROVAL OF SALE OF 2010 TAX SALE PROPERTIES

Offered by: Ways and Means Committee

Pursuant to New York Uniform Delinquent Tax Enforcement Act and

Resolution No. 195-97, as amended by Resolution No. 95-98

RESOLVED:

1. That the sale of tax delinquent properties as shown below, to the owners and purchasers shown, for the consideration shown, subject to terms and conditions of sale for such properties, is approved.

2. That upon the securing by the County Attorney of a proper court order authorizing the conveyance to the County of such of the below mentioned properties which are subject to the 2008 and/or back to the year 1995 (TF95 up to and including TF08) tax foreclosure proceedings and the subsequent execution of a deed of all of the below mentioned properties to the County by the County Tax Enforcement Officer, the Chairman of this Board of Legislators is authorized and directed to execute on behalf of the County of Allegany and to cause to deliver to such owners and purchasers quit claim deeds of the County’s interest in such properties and to affix to each such deed the official seal; all upon satisfaction of the terms and conditions of sale and the full payment to the County Treasurer of the monetary consideration.

New Owner Address Sale Price	Parcel details	County Title Recorded Date Liber, Page
WISNIEWSKI, JOHN J. 219 East Avenue P. O. Box 313 Hornell, NY 14843 Tax sale amount: $8,000	Parcel ID: 022601/126.7-2-21 Prop Loc: 40 Main St Assessed value: $73,000 Acreage: 0.39	County of Allegany Book: 1466 Page: 176

MCCAFFREY, DONALD 46 Bucyrus Dr Amherst, NY 14228 Tax sale amount: $3,900	Parcel ID: 022889/185.-1-54.1 Prop Loc: Scio Rd Assessed Value: $3,800 Acreage: 8.50		County of Allegany Book: 982 Page: 344
DEMING, WILLIAM L. 3683 County Rd 21 Andover, NY 14806 Tax sale amount: $4,200		Parcel ID: 023089/217.-1-20 Prop Loc: 3693 Co Rte 21 Assessed value: $37,200 Acreage: 1.00		County of Allegany Book: 1244 Page: 264
MATSON, Allen MATSON, Brenda 4861 Gordon Brook Rd Scio, NY 14880 Tax sale amount: $50		Parcel ID: 027001/239.9-1-32 Prop Loc: 213 E State St Assessed value: $13,900 Acreage: 0.28		County of Allegany Book: 1573 Page: 11
STEWARDSHIP FUND LP 5400 Plano Pkwy #200 Plano, TX 75093 Tax sale amount: $4,001		Parcel ID: 027089/252.19-1-22 Prop Loc: 2036 Stannards Rd Assessed value: $23,400 Acreage: 0.00		County of Allegany Book: 1134 Page: 339
WHITESELL, DANNY J. 3105 Hallsport Rd Wellsville, NY 14895 Tax sale amount: $2,000		Parcel ID: 027400/265.2-1-19 Prop Loc: 3109 Hallsport Rd Assessed value: $38,500 Acreage: 0.79		County of Allegany Book: 1475 Page: 321

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Sinclair 11 Ayes, 0 Noes, 4 Absent

(Memo: The tax sale property bids included in Resolution No. 136-10 resulted from the second round of bidders for parcels with backup bidders.)

RESOLUTION NO. 137-10

ACCEPTANCE OF FUNDING FROM THE SUSAN G. KOMEN FOUNDATION AND APPROPRIATION OF SAID FUNDS TO PUBLIC HEALTH ACCOUNTS

Offered by: Human Services and Ways and Means Committees

WHEREAS, the sum of $37,858 has been offered to the Allegany County Department of Health by the Susan G. Komen Foundation to be used in providing breast cancer awareness education and support to residents in Allegany and Cattaraugus Counties who have been diagnosed with breast cancer, now, therefore, be it

RESOLVED:

1. That the sum of $37,858 offered by the Susan G. Komen Foundation is accepted and appropriated as follows: $300 to Account No. A4072.2 (Komen Kares Grant-Equipment), $37,558 to Account No. A4072.4 (Komen Kares Grant – Contractual), with a like sum credited to Revenue Account No. A08.2705.4071.

Moved by: Mr. Burdick Adopted: Roll Call

Seconded by: Mr. Curran 11 Ayes, 0 Noes, 4 Absent

RESOLUTION NO. 138-10

TRANSFER OF FUNDS WITHIN EMPLOYMENT AND TRAINING ACCOUNTS

Offered by: Planning and Economic Development and Ways and Means Committees

RESOLVED:

1. That the transfer of $73,200 within the Employment and Training Accounts is approved as follows:

From Account No. To Account No. Amount

CD16407.475 CD16406.101 $ 7,500.00

CD16401.475 CD16406.474 5,000.00

CD16403.474 CD16406.474 8,500.00

CD16407.475 CD16406.802 3,200.00

CD16794.101 CD16410.101 20,000.00

CD16794.408 CD16410.408 2,500.00

CD16794.806 CD16410.806 7,500.00

CD16795.101 CD16411.101 14,000.00

CD16795.803 CD16411.803 1,500.00

CD16795.101 CD16413.101 3,000.00

CD16795.803 CD16413.803 500.00

Moved by: Mr. Sinclair Adopted: Roll Call

Seconded by: Mr. LaForge 11 Ayes, 0 Noes, 4 Absent

RESOLUTION NO. 139-10

TRANSFER OF FUNDS WITHIN PUBLIC HEALTH CANCER SCREENING ACCOUNT

Offered by: Human Services Committee

RESOLVED:

1. That the sum of $300 is transferred from Account No. A4071.409 (Fees) to Account No. A4071.201 (Office Equipment) to cover the cost of folding tables.

Moved by: Mr. Burdick Adopted: Roll Call

Seconded by: Mr. O’Grady 11 Ayes, 0 Noes, 4 Absent

RESOLUTION INTRO. NO. 143-10 (APPROVAL OF AGREEMENT WITH ACCORD FOR GRANT WRITING SERVICES) was DEFEATED on a roll call vote of 7 Ayes, 4 Noes, 4 Absent. Voting No: Burdick, Cady, O’Grady, and Ungermann. Absent: Benson, Hopkins, Pullen, and Russo.

(Memo: The agreement referred to in Resolution Intro. No. 143-10 would have included 600 hours of grant writing services to the County at a cost of $36,000 for the term of June 15, 2010, to December 21, 2010.)

Comments made regarding the defeated resolution included the following:

Legislator Ungermann asked if there was a list of projects that we would ask these people to write grants for. Chairman Crandall replied that the list is currently being worked on by the Comprehensive Plan Implementation Group, and it includes a list generated for the stimulus funding along with other County projects. It needs to be prioritized.

Mr. Ungermann noted that grant writers quite often take a percentage of the grant for writing it. Chairman Crandall responded that they may in the private sector, but this is a not-for-profit. Legislator Sinclair commented that there are some grants that will provide costs for administration, others do not, but that’s for actually administering the grant. For writing the grant, if you were to hire it done, you would pay a fee. That is what we’re paying for. Legislator Cady suggested that the resolution could be amended to stipulate there would be no further charges involved. County Attorney Thomas Miner stated that he didn’t see where there should be any concern about other costs associated with the agreement. Payment is on an hourly basis, and the agreement is pretty straight forward.

Mr. Ungermann reiterated that he would like to see the list of projects before voting, as he wants to make sure if we’re going to spend $36,000, hopefully we’ll get $36 million in grants. Chairman Crandall noted that the list could easily be provided.

Mr. Cady asked what allowance was made if the County doesn’t use all of the authorized 600 hours of grant writing. Mr. Miner replied that the agreement requires the contractor to reimburse for any unused portion.

RESOLUTION NO. 140-10

RESOLUTION APPROVING SNOW REMOVAL AND ICE CONTROL CONTRACTS BETWEEN COUNTY OF ALLEGANY AND VARIOUS TOWNS IN ALLEGANY COUNTY

Offered by: Public Works Committee

Pursuant to Highway Law § 135-a

WHEREAS, the Public Works Committee and the County Superintendent of Public Works have recommended to this Board that they approve of the proposed contracts between the County of Allegany and various Towns in Allegany County for the removal of snow from County Roads and for sanding or otherwise treating them for the purpose of removing the danger of snow and ice, now, therefore, be it

RESOLVED:

1. That Snow Removal and Ice Control Contracts between the County of Allegany and various Towns in Allegany County for a term covering three (3) seasons beginning with the 2010-2011 snow season and ending with the 2012-2013 snow season, are approved.

2. That an executed duplicate original of each such Contract shall be filed in the office of the Clerk of this Board along with a certified copy of each such Town Board’s resolution approving such Contract.

3. That the Clerk of this Board is directed to send a certified copy of this resolution to each of the Town Clerks of such Towns for filing in his or her office.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Curran 11 Ayes, 0 Noes, 4 Absent

Resolution Intro. No. 145-10 (Allegany County Board of Legislators’ Comments on Proposed 6 NYCRR Part 247 Regulations on Outdoor Wood Boilers) was not pre-filed and was considered from the floor on a motion made by Legislator Fanton, seconded by Legislator Healy and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.

RESOLUTION NO. 141-10

ALLEGANY COUNTY BOARD OF LEGISLATORS’ COMMENTS ON

PROPOSED 6 NYCRR PART 247 REGULATIONS ON OUTDOOR WOOD BOILERS

Offered by: Ways and Means Committee

WHEREAS, the New York State Department of Environmental Conservation, “DEC,” in April 2010, published and is currently soliciting comments on proposed Regulation 6 NYCRR Part 247, Outdoor Wood Boilers, “OWBs,” and

WHEREAS, on June 16, 2010, the DEC held a public hearing in Belmont to receive comments on the proposed regulations which was heavily attended by Allegany County residents, and

WHEREAS, DEC proposes to phase out existing OWBs that commenced operation prior to September 1, 2005, by August 31, 2015, and those that commenced operation between September 1, 2005, and April 14, 2011, by August 31, 2020, and

WHEREAS, according to the DEC, the basis for the proposed phase out period for existing OWBs is the average warranty period for OWBs as opposed to a realistic evaluation of a boiler’s actual useful life, and

WHEREAS, the purchase and installation of an OWB represents an investment of several thousand dollars, and most owners reasonably expect a boiler’s useful life to run well in excess of the warranty period, and

WHEREAS, Allegany County has the third lowest per capita income in New York State, and

WHEREAS, Allegany County has a large population of senior citizens and families on fixed incomes, and

WHEREAS, Allegany County is a sparsely populated rural county with low population densities, and

WHEREAS, the price of home heating fuels has skyrocketed for citizens within Allegany County, and

WHEREAS, the economic difficulties faced by residents of Allegany County is compounded by the current “Great Recession,” and

WHEREAS, OWBs can offer a safer alternative to indoor wood stoves and furnaces that can start home fires because of stray sparks or chimney fires, and

WHEREAS, OWBs can provide a cost effective alternative to fossil fuels, and

WHEREAS, no other state has required that existing OWBs be taken out of service, and

WHEREAS, enactment of statewide regulations that seek to phase out existing OWBs places an undue burden on Allegany County residents who live in a sparsely populated region and who have already invested their limited resources on a perfectly legal technology, and

WHEREAS, the proposed regulations provide no variance mechanism to address unique circumstances encountered at the local level, and

WHEREAS, because of the unique circumstances surrounding each geographic region and landowner, any new regulation relating to existing OWBs that impacts land use should only be undertaken at the local level, and

WHEREAS, in Allegany County, the underlying concerns surrounding existing OWBs are not deemed to be a serious problem requiring DEC regulation and will only become less so as existing OWBs disappear from service over their useful lives, and

WHEREAS, the regulations impose additional burdens relating to setback and stack height requirements without a scientific rationale articulated for such requirements, and

WHEREAS, over the past several years, a number of actions have occurred in support of the development of cleaner-burning and more efficient OWB devices, including:

a. In August 2005, the then NY Attorney General and 6 other State Attorney Generals, Northeast States for Coordinated Air Use Management (NESCAUM), which was supported by the Hearth, Patio & Barbecue Association (HPBA) Outdoor Furnace Manufacturers Caucus, petitioned the United States Environmental Protection Agency (USEPA) to set standards for OWBs.

b. The EPA Hydronic Heater Phase 2 Program was released in October 2008 and established an emissions reduction program for OWBs.

c. On August 13, 2009, the New York State Energy Research and Development Authority (NYSERDA) announced $1.5 million in funding for developing a High-Efficiency Biomass-Heating Market.

d. The USEPA is currently in the process of establishing nationwide – Federal regulations for OWBs that could be promulgated by May 2012 by EPA’s most recent schedule made publicly available, and

WHEREAS, Senator Aubertine has introduced Senate Bill S8061, which supports clean burn regulations, supports restrictions that require new installations to meet EPA standards, defines Outdoor Wood Boiler nuisance violations, asks the DEC to provide public guidance on operation, siting, and stack height, but does not require the removal of existing units before the end of their useful life and allows local governments to establish more stringent regulations, now, therefore, be it

RESOLVED:

1. That the Allegany County Board of Legislators supports efforts to protect the use of properly operated OWBs that are installed and operated properly and to protect the property rights of the owners of properly operated OWBs.

2. That this Board supports the following requirements in the proposed 6 NYCRR, Part 247 Regulations: Proposed emission limits for new OWBs, and new OWBs sold after April 15, 2011, have to meet these proposed emission limits and any provisions that are consistent with the EPA Hydronic Heater Phase 2 Program and other Northeast State regulations for OWBs including Vermont, Maine, New Hampshire, and Massachusetts.

3. That this Board does not support the following requirements in the proposed DEC Part 247 Regulations: Imposition of setback and stack height requirements on existing OWBs without a determination that such requirements are necessary to address verifiable complaints; requiring the removal of existing OWBs by 2015 or 2020 (depending on when the furnace was purchased but before the end of their useful life) which unreasonably subjects these owners to economic hardship; and any other provisions that are inconsistent with the EPA Hydronic Heater Phase 2 Program and other Northeast State regulations including Vermont, Maine, New Hampshire, and Massachusetts.

4. That this Board does hereby call on Governor Paterson, both houses of the New York State Legislature, the New York State Association of Counties, and New York State Agencies to support the continued use of, and the development of clean and efficient OWBs, by proposing New York State regulations that are consistent with the USEPA Hydronic Heater Phase 2 Program and other Northeast States including Vermont, Maine, New Hampshire, and Massachusetts.

5. That the Allegany County Board of Legislators supports Senate Bill S8061.

6. That the Clerk of this Board is directed to send certified copies of this resolution to Governor David Paterson, Attorney General Andrew Cuomo, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, all New York State Counties, the New York State Association of Counties, the New York State Association of Towns, and the New York State Department of Environmental Conservation.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Healy 10 Ayes, 1 No, 4 Absent

Voting No: Cady

Comments made regarding Resolution No. 141-10 included the following:

Legislator Ungermann remarked that, like the public hearing on the ban on open burning, there was an overflow crowd for the hearing on this issue. The DEC is making rules for the entire state, and they don’t necessarily apply to us. They said there was a large number of complaints, but when they finally came up with a number, it was 150 to 200 complaints for some 29,000 outdoor wood stoves in Western New York. About a third of those complaints are just people who don’t like their neighbors and will complain about anything. So the number of complaints is very small. People do have to be careful about what they burn, but there’s no reason that just because the outdoor wood boiler is bought before some arbitrary date, it’s not any good after some other arbitrary date, as long as it’s maintained. Mr. Ungermann supported the resolution. Chairman Crandall noted that the reason for the resolution to come off the floor was to make the deadline for comments to the DEC.

AUDITS:

A motion was made by Legislator Healy, seconded by Legislator O’Grady and carried, that the audits be acted upon collectively and by totals.

A motion was made by Legislator O’Grady, seconded by Legislator Fanton and adopted on a roll call vote of 10 Ayes, 1 Noes, 4 Absent, that the audit of claims, totaling $2,880,544.75, including prepaid expenses, be approved for payment as recommended by the County Administrator (opposed: Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $3,720,225.)

ADJOURNMENT: The meeting was adjourned at 3:00 p.m. on a motion made by Legislator Fanton, seconded by Legislator O’Grady and carried.