ALLEGANY
REGULAR SESSION
MARCH 22, 2010
** APPROVED
CALL
TO ORDER: The regular meeting of the Board of
Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE
OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former
United States Army Staff Sergeant Michael L. Chechele.
INVOCATION: The
Invocation was given by Legislator Pullen.
ROLL
CALL: 15 Present; 0 Absent.
ORDER OF BUSINESS:
Chairman Crandall
requested that the order of business be changed to allow a proclamation to be
read following action on the resolutions, rather than before. A motion approving this request was made by
Legislator Sinclair, seconded by Legislator Hopkins and carried.
APPROVAL OF
MINUTES:
The Board meeting minutes of March 8,
2010, were approved on a motion made by Legislator Fanton, seconded by
Legislator Curran and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a certificate
to Michael L. Chechele, former United States Army Staff Sergeant, in grateful
appreciation of his service to our Country.
Mr. Chechele’s service dates were from October 1977 to his retirement in
December 2006. Following Basic Training
at Fort Leonard Wood, MO, Mr. Chechele’s assignments included Fort Meade, MD;
Schofield Barracks, HI; Enewetak, Atoll, in the Central Pacific; Dexheim,
Germany; and Iraq, where he served in Operation Iraqi Freedom #2 from 2004-05. Commendations Mr. Chechele received included:
Combat Action Badge, Army Commendation Medal, Army Achievement Medal (2), Joint
Service Achievement Medal, National Defense Service Ribbon (3), and Overseas
Service Ribbon. Mr. Chechele led the
Pledge of Allegiance to the Flag at the beginning of the meeting as part of the
Veterans’ Honorary Pledge of Allegiance Program.
Representatives
from the following departments and agencies were present to answer questions
regarding their 2009 Annual Reports: Employment
& Training, Veterans’ Service Agency, Youth Bureau, STOP DWI, Public
Defender, and Workers’ Compensation. Legislator
Ungermann questioned Public Defender Barbara Kelley if both full-time public
defenders had closed their private practice, as he was concerned about the
number of referrals to outside counsel.
Ms. Kelley responded that not many of the conflict referrals arise from
the fact that they have private clients.
Ms. Kelley doesn’t have any private clients left, and the Assistant
Public Defender has just a few.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. April
2010 Calendar of Board and Standing Committee meeting dates.
2. HAVA Compliance Survey for 2009 from
the Board of Elections.
3. 2009 Annual Reports for review: Soil & Water Conservation, Parks &
Forests, Weights & Measures, Information Technology,
The
following communications were also acknowledged:
1. The County Attorney filed an
Environmental Assessment Form (EAF) on the
2. The County Treasurer filed a
Certificate of Withdrawal of Delinquent Tax Lien pursuant to Article 11 of the
Real Property Tax Law for property in the Town of
3. The next Fire Advisory Board meeting
will be held on Thursday, March 25, at 8 p.m. in the
4. The Allegany Business Center announced
that they will be holding the Third Annual Networking Night and Table Top Expo
at the
5. Southern Tier West Regional Planning
and
RESOLUTIONS:
RESOLUTION
NO. 64-10
RESOLUTION AMENDING THE COUNTY BOARD RULES
TO REFLECT THE ELIMINATION OF THE
DEVELOPMENT ADVISORY BOARD,
THE ELIMINATION OF THE CITIZENS ADVISORY
COMMITTEE ON TOURISM,
AND THE CHANGE IN THE WAY VOUCHERS ARE
PROCESSED
Offered by: Ways
and Means Committee
RESOLVED:
1. That
County Board Rule 220.G.2.a is amended to read as follows:
2.a. Supervision of the Office of Development and the Advisory
Board to the Office of Development.
2. That
County Board Rule 220.G.2.m. is amended to read as follows:
2.m. General
supervision of the Tourism Advisory Board.
3. That
County Board Rule 220.G.3.e and 3.h. are deleted, 3.F. is amended, and the
section is relettered as follows:
e. County
Advisory Board.
f.
e. Committee Group.
g.
f.
h. g. Advisory Committee on Tourism.
i.
g. Allegany
j. h County Agricultural and Farmland
Protection Board.
k.
i.
4. That
B.1. The vouchers covering such expenses shall
may be audited by the its either
regular meeting held on the second Monday of each calendar during the
month.
5. That
County Board Rule 240.C.1 is amended to read as follows:
C.1. Completed vouchers covering such expenses
shall be delivered to the office of the Clerk of the Board by the regular
meeting of the fourth
second Monday of each calendar month following the month of the
voucher.
6. That County Board Rule 250 is amended
to read as follows:
A. Any
claim against the County that is to be audited by the County Board shall be in
properly written form and be temporarily filed in the Clerk of the County
Board’s Office at least seven business days prior to a regularly scheduled
meeting of the committee having jurisdiction over the administrative unit
filing such claim.
A. B. The such
properly filed claim and after such examination shall submit such claim to the
B. C. The form of a claim shall be as prescribed by
County Law Section 369.
D. All
claims processed pursuant to this Rule 250 may be submitted at any regular
meeting of the
C. Notwithstanding any inconsistent
provision of this Rule 250 to the contrary The County Administrator may
authorize the submission of any claim processed pursuant to this Rule 250 to
the
7. That any grammatical, clerical, and typographical
changes to the County Board Rules agreed upon by the Clerk of the Board and
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Sinclair 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 65-10
Offered by: Ways
and Means Committee
WHEREAS, Joseph A. Breau
and Victoria M. Pearson of 86 Massachusetts Avenue, Lockport, New York 14094,
have agreed to Terms of Sale and offered the sum of $300 plus current year taxes for a deed of the
County's interest in premises formerly assessed on the tax rolls to Oscar
Gaines and described as follows:
ALL
THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Bolivar, County of Allegany and State of New York,
described as follows, viz: .35 Acre, Tax Map No. 260.6-1-13, and
WHEREAS, the Ways and Means Committee believes that the Terms of Sale and the
above sum offered is fair and reasonable and the best that can be obtained
under the circumstances and that the said sale will be advantageous to the
County, now, therefore, be it
RESOLVED:
1. That such agreed to Terms of Sale and
monetary offer is accepted and the Chairman of this Board is authorized and
directed to execute on behalf of the County of Allegany and to cause to deliver
to such purchaser a quit claim deed of the County's interest in such premise,
and to attach to such deed the official seal; all upon satisfaction of the
Terms of Sale and full payment to the County Treasurer of the monetary offer.
Moved by: Mr. Hopkins Adopted:
Roll Call
Seconded by: Mr. Healy 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 66-10
CONFIRMATION OF BOARD CHAIRMAN’S
APPOINTMENTS AND REAPPOINTMENTS TO COUNTY YOUTH BOARD
Offered by:
Public Safety Committee
Pursuant to Resolution No. 95-79
RESOLVED:
1. That the appointments by the Chairman of this Board of
Corinne Davis (District I), Angelica, New York, Susan F. Myers (District II),
Friendship, New York, Ann Baldwin (District IV), Andover, New York, and Edna
Kayes (District V), Alfred, New York, to the County Youth Board, with term of
office for each commencing March 26, 2010,
and expiring March 25, 2013, are confirmed.
2. That the appointment by the Chairman of this Board of
Deborah Aumick (District I), Rushford, New York, to fill a vacancy on the County Youth Board, with term of office
commencing March 3, 2010, and expiring
March 25, 2011, is confirmed.
Moved by: Mr. Healy Adopted: Voice Vote
Seconded by: Mr. Fanton
RESOLUTION
NO. 67-10
UPGRADING THREE
POSITIONS IN
HUMAN RESOURCES
REEVALUATION; AMENDING NON-UNIT SALARY PLAN
Offered by: Personnel Committee
WHEREAS, the Human Resources Office has
upgraded three positions of Deputy County Clerk in the
RESOLVED:
1. That the position of Deputy County Clerk is upgraded from
Grade 8 to Grade 9, the position of Deputy County Clerk II is upgraded from
Grade 6 to Grade 7, and the position of Deputy County Clerk III is upgraded
from Grade 5 to Grade 6 in the Non-Unit Salary Plan.
2. This resolution shall take effect on
October 1, 2010.
Moved by: Mr. O’Grady Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No. 67-10
included: Legislator O’Grady noted that
the resolution takes effect October 1, and the upgrades are due to an increase
in responsibilities the employees will be taking on in the near future. The goal is to improve the overall efficiency
in the
RESOLUTION
NO. 68-10
ABOLISHING VACANT POSITIONS IN
VARIOUS COUNTY DEPARTMENTS
Offered by:
Personnel Committee
RESOLVED:
1. That the following positions in various
County Departments are abolished:
Department Position
Clerk of
the Board Switchboard
Operator
Aging Home
Delivered Meal Coordinator
IT Data
Processing Aide (PT)
Social
Services Social
Welfare Examiner (3)
Social
Services Typist
(2)
Social
Services Typist
(PT)
Social
Services Case
Manager
Workers’
Compensation Sr.
Account Clerk Typist
2. This resolution shall take effect on
March 23, 2010
Moved by: Mr. O’Grady Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No. 68-10
included: Legislator Pullen acknowledged
Legislator O’Grady’s initiative in pursuing this issue, as it will make it more
reflective of what’s going on in terms of staffing and it will also make it
more difficult for those positions to be filled when there is presently no need
for them.
RESOLUTION
NO. 69-10
ACCEPTANCE OF NEW
YORK STATE DEPARTMENT OF HEALTH FUNDS THROUGH HEALTHY COMMUNITIES INITIATIVE
FOR TARGETING OBESITY AND APPROPRIATION OF SUCH FUNDS TO VARIOUS ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That
funding from the New York State Department of Health through Healthy
Communities Initiative for targeting obesity in the amount of $34,000 is
accepted.
2. That
the sum of $34,000 is appropriated as follows: $642 to Account No. A4010.1 and
$33,358 to Account No. A4073.4,
with a like sum credited to Revenue Account No. A10.3450.4073.
Moved by: Mr. Burdick Adopted: Roll Call
Seconded by: Mr. LaForge 15
Ayes, 0 Noes, 0 Absent
(Memo:
The major benefits of accepting the grant referred to in Resolution No.
69-10 are that the Allegany County Department of Health, in partnership with
Cornell Cooperative Extension and the Allegany-Western Steuben Rural Health
Network, will provide educational opportunities throughout the County to
address prevention strategies to improve the health of County residents.)
RESOLUTION
NO. 70-10
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That
the sum of $41,712 in state funding through the American Recovery and
Reinvestment Act not spent in 2009 is reappropriated as follows: $20,000 to
Account No. A4010.408, $10,000 to Account No. A4010.1, $3,000 to Account No.
A4052.2, $8,712 to Account No. A4052.4, with a like sum credited to Revenue
Account No. A11.4489.HLST.
2. That the sum of $22,871 in state
funding through the Homeland Security Program not spent in 2009 is
reappropriated as follows: $19,378 to
Account No. A3645.2, $3,493 to Account No. A3645.4, with a like sum credited to
Revenue Account No. A10.3306.HTH9.
3. That
the sum of $114,315 in state funding through New York State Department of
Health to aid in Public Health Emergency Preparedness not spent in 2009 is
reappropriated as follows: $25,000 to Account No. A4010.1, $17,913 to Account
No. A4189.2, $66,352 to Account No. A4189.4, $5,050 to Account No. A4189.8, with a like sum credited to Revenue Account
No. A11.4489.4189.
4. That
the sum of $5,025 in gifts and donations not spent in 2009 is reappropriated to
Account No. A4071.4, with a
like sum credited to Revenue Account No. A08.2705.4071.
Moved by: Mr. Burdick Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
(Memo:
Regarding Resolution No. 70-10, Resolved No. 1: of the $41,712 in grant funds from the
American Recovery and Reinvestment Act of 2009, originally accepted by
Resolution No. 235-09, $21,712 was through the NYS DOH Bureau of Family Health
Early Intervention Administration, and $20,000 was through the NYS DOH Bureau
of Immunization. Resolved No. 2: funding was provided through the State
Homeland Security Program for emergency preparedness efforts and the H1N1
outbreak and planning, and was originally accepted by Resolution No. 200-09 in
the amount of $27,778. Resolved No. 3: funding was provided through the NYS DOH to
aid in public health emergency preparedness, such as H1N1 activities,
vaccinations, and planning, and was originally accepted by Resolution No.
236-09 in the amount of $170,299.
Resolved No. 4: funds were
donated to the Cancer Services Program, and were originally accepted by
Resolution No. 234-09.)
RESOLUTION
NO. 71-10
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That
Homeland Security Program grant funds in the amount of $27,881 not spent in
calendar year 2009 are reappropriated to Account No. A3645.217 (Homeland Security
– Equipment), with a like sum
credited to Revenue Account No. A10.3306.SHF7 (Homeland Security – Sheriff’s
Office).
2. That funds in the amount of $4,431 for
the ACT II Batterers Program not spent in calendar year 2009 are reappropriated
to Account No. A3117.4, with a
like sum credited to Revenue Account No. A15.599.00.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Hopkins 15
Ayes, 0 Noes, 0 Absent
(Memo:
Regarding Resolution No. 71-10, Resolved No. 1: of the $27,881 in Homeland Security Program
funding to Enhance Interoperable Communications Equipment, $23,750 was through
DCJS Project No. LE08-1057-E00 accepted by Resolution No. 41-09, and $4,131 was
through DCJS Project No. LE07-1079-E00 accepted by Resolution No. 83-07. Resolved No. 2: funding was originally accepted by Resolution
No. 57-09.)
RESOLUTION
NO. 72-10
TRANSFER OF FUNDS FROM
OFFICE FOR THE AGING RESERVE ACCOUNT
TO OFA-SUPPORTIVE
SERVICES ACCOUNT
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That
the sum of $21,250 is transferred from Account No. A14.511.03 to Account No.
A6773.201 (OFA Supportive Services – Equipment) for the purchase of office
equipment.
Moved by: Mr. Pullen Adopted: Roll Call
Seconded by: Mr. O’Grady 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 73-10
APPROVAL OF
MEMORANDUM OF UNDERSTANDING BETWEEN
THE
RED CROSS CHAPTER
REGARDING SERVICE IN TIME OF A DISASTER
Offered by:
Public Safety Committee
RESOLVED:
1. That the Memorandum of Understanding
between the County of Allegany and the Southwestern Regional American Red Cross
Chapter regarding service in time of a disaster is approved.
2. That
the Chairman of this Board is authorized to execute the Memorandum of
Understanding.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
(Memo:
Regarding Resolution No. 73-10, the individual Chautauqua, Cattaraugus,
and
RESOLUTION
NO. 74-10
APPROVAL OF MEMORANDUM OF
AGREEMENT BETWEEN
ALLEGANY COUNTY FOR
PARTICIPATION IN THE
1033 FEDERAL SURPLUS PROPERTY
PROGRAM AND
RATIFYING SHERIFF AND BOARD
CHAIR’S SIGNATURES
Offered by:
Public Safety Committee
RESOLVED:
1. That Memorandum of Agreement between
the New York State Division of Criminal Justice Services and the
2. That the signatures by the Sheriff and the Board Chair are ratified by this Board.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
Resolution Intro. No. 75-10 (APPROVAL OF AGREEMENT WITH WALKER BUSINESS AND STAFFING SERVICES TO ASSIST THE COUNTY IN UPDATING THE MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN; TRANSFER OF FUNDS WITHIN THE HOMELAND SECURITY ACCOUNT) was not pre-filed and was considered from the floor on a motion made by Legislator Sinclair, seconded by Legislator Pullen and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION
NO. 75-10
APPROVAL OF AGREEMENT
WITH
HAZARD MITIGATION
PLAN; TRANSFER OF FUNDS WITHIN THE
HOMELAND SECURITY
ACCOUNT
Offered by: Planning and Economic Development and Ways and Means Committees
WHEREAS, on April 25, 2005, by
Resolution No. 107-05, Allegany County
approved the Allegany County Multi-Jurisdictional Hazard Mitigation Plan as
this jurisdiction’s Natural Hazard Mitigation Plan, and
WHEREAS, as part of that Plan the
Allegany County Board of Legislators agreed that the Plan would be updated no
less than every five years, and
WHEREAS, Walker Business & Staffing
Services has identified an individual who will be employed by them who is
ready, willing and able to provide the services to coordinate the update of
such Plan, and
WHEREAS,
the County and Walker
Business & Staffing Services desire to enter into an Agreement to provide
the services of an individual who will assist the County in updating the
Countywide Pre-Disaster Mitigation Plan, now therefore, be it
RESOLVED:
1. That the agreement between Walker
Business & Staffing Services, Inc. and Allegany County to provide for the
services of an individual to assist the County in updating the Countywide
Pre-Disaster Mitigation Plan is approved.
2. That the total cost of the agreement
shall not exceed the sum of $17,000.
3. That the sum of $17,000 is transferred
from Account No. A3645.2 to Account No. A3645.4 within the Homeland Security
Account.
4. That the Chairman of this Board is
authorized to execute such agreement.
Moved by: Mr. Sinclair Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No. 75-10
included: Legislator Sinclair noted that
the hazard mitigation plan was created five years ago, and we’re at the point
in the cycle when we have to update that plan in order to continue having
access to hazard mitigation money.
Several projects over the past five years have been funded through this
process very successfully. The update
will require a concerted effort to contact all towns, villages, departments,
agencies, and special groups in the County that have input in the plan. The proposal is to spend $17,000 in Homeland
Security grant funds that have come to the County as part of a Homeland
Security package for planning to hire someone to do the legwork. It will be orchestrated by the Planning
Committee and the Planner. These funds
can’t be spent to subsidize an existing employee. The plan update needs to be completed as
close to April 29 as possible.
Resolution Intro. No. 76-10 (RESOLUTION ENCOURAGING THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO QUICKLY COMPLETE ITS ENVIRONMENTAL REVIEW OF NATURAL GAS DRILLING IN THE MARCELLUS SHALE AND LIFTING OF THE DRILLING MORATORIUM) was not pre-filed and was considered from the floor on a motion made by Legislator LaForge, seconded by Legislator Fanton and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION
NO. 76-10
RESOLUTION ENCOURAGING THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO
QUICKLY COMPLETE ITS ENVIRONMENTAL REVIEW OF NATURAL GAS DRILLING IN THE
MARCELLUS SHALE AND LIFTING OF THE DRILLING MORATORIUM
Offered by:
Ways and Means Committee
WHEREAS, Allegany
County faces severe economic challenges which have only become more acute due
to the recent worldwide economic crisis, and
WHEREAS, there
now exists an opportunity for significant economic development through the
proper exploitation of natural gas within the Marcellus Shale region underlying
Allegany County and much of New York State's Southern Tier, and
WHEREAS, in
order to encourage the development of such natural gas resources and compete
effectively with other states, New York State's regulatory environment needs to
be able to act quickly in its permitting process as it pertains to well
drilling, and
WHEREAS, the New
York State Department of Environmental Conservation has already shown itself
capable of protecting the environmental interests of
WHEREAS, the
economic cost from lost gas drilling, lost gas production, lost ancillary jobs, and lost tax revenue far outweighs any environmental benefit from a prolonged
environmental review of gas drilling in the Marcellus Shale, and
WHEREAS, the New
York State Department of Environmental Conservation has had an ample
opportunity to review environmental concerns relative to gas drilling in the
Marcellus Shale, now, therefore, be it
RESOLVED:
1. That
the
2. That the moratorium concerning further
drilling in the Marcellus Shale be lifted.
3. That the process of issuing drilling
permits be sped up once the moratorium is lifted.
4. That certified copies of this
resolution be mailed to New York State Governor David A. Paterson, NYS DEC
Commissioner Peter Grannis, the Senate and Assembly En-Con Committees, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M.
Giglio, NYSAC, and the
InterCounty Association of Western New York.
Moved by: Mr. LaForge Adopted: Voice Vote
Seconded by: Mr. Fanton
(Memo:
Regarding the natural gas drilling in the Marcellus Shale and lifting of
the drilling moratorium, a similar Resolution, No. 6-09, was adopted on January
12, 2009.)
Comments made regarding Resolution No. 76-10
included: Legislator Pullen remarked
that development in the Marcellus Shale strata has the potential for great
benefit for the County, its residents, and landowners. It’s not that the Department of Environmental
Conservation has found the drilling unsafe; they just haven’t rendered a
decision. This resolution will help
encourage them to get past the moratorium that’s holding everything up. Legislator Ungermann felt the effort was too
little, too late. The mobilization in
AUDITS:
A motion was made by
Legislator Hopkins, seconded by Legislator Pullen and carried, that the audits
be acted upon collectively and by totals.
A motion was made by
Legislator Hopkins, seconded by Legislator Pullen and adopted on a roll call
vote of 14 Ayes, 1 No, 0 Absent, that the audit of claims, totaling $4,016,446.53
including prepaid expenses, be approved for payment as recommended by the
County Administrator (opposed:
Ungermann). (
PROCLAMATION:
Chairman Curtis W.
Crandall proclaimed April 5, 2010, as Citizen Day, that the week of April 5
through 11, 2010, be a week of honor and celebration memorializing the heroic
and patriotic actions 20 years ago of those who resisted the threat of a
radioactive dump, and that this time be a time honoring the Spirit of Allegany
County and her Citizens who stood their ground.
James Lucey, Tom Barber, and Mary Gardner-Ruch were invited forward to
accept the proclamation. Chairman
Crandall made note of a poster announcing a celebratory event to be held in
ADJOURNMENT: The meeting was adjourned at 2:45 p.m. on a motion made by Legislator Fanton,
seconded by Legislator O’Grady and carried.