Board Minutes – Common formatting and phrases:

ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

SEPTEMBER 27, 2010

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 Army Corporal Keith Folts.

INVOCATION: The Invocation was given by Legislator David Pullen.

ROLL CALL: 12 Present; 3 Absent (Legislators Hopkins, O’Grady, and Russo).

APPROVAL OF MINUTES:

The Board meeting minutes of September 13, 2010, were approved on a motion made by Legislator Ungermann, seconded by Legislator Sinclair and carried.

The Committee of the Whole meeting minutes of September 13, 2010, were approved on a motion made by Legislator Curran, seconded by Legislator Fanton and carried.

PRIVILEGE OF THE FLOOR:

Chairman Curtis W. Crandall presented a certificate to Keith Folts, former United States Army Corporal, in grateful appreciation of his service to our Country. Mr. Folts’ service dates were from September 1950 to April 1952. Following Basic Training at Fort Sill, Oklahoma, his assignments included overseas duty in Korea and Japan, and service at the Army Navy Hospital at Hot Springs, Arkansas. Commendations he received included: NY State Medal of Merit and Korean Medal. Since his retirement, Mr. Folts has been an active member of the Citizens Advisory Committee to the Office for the Aging, was a founding member of the Allegany Senior Foundation, and has volunteered as an AARP tax consultant. Mr. Folts led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.

On behalf of the Board of Legislators and the people of Allegany County, Chairman Crandall presented a plaque to Director of Emergency Services John Tucker in recognition of his 30 years of dedicated service to the County. Chairman Crandall gave a summary of Mr. Tucker’s history and thanked him for his years of service. Mr. Tucker thanked all of the volunteers and other agencies and departments for their assistance during times of disaster and for being a part of the emergency services “system.” He also thanked the office staff, those working currently and those who worked in the past, for their dedication and support. Mr. Tucker will be retiring from County service effective October 30, 2010.

Chairman Crandall presented a donation to the Allegany Senior Foundation, with President Wallace Higgins accepting. The Board supports a couple of County organizations whose fundraising efforts benefit the people within Allegany County. The donations are drawn from the Legislative “flower fund” and are non-tax dollars. The Allegany Senior Foundation was formed just a few years ago as a way to supplement and assist the senior population outside of County, state, and federal programs. Mr. Higgins thanked the Board for their support. He noted that the needs of the older population are growing. The Foundation has provided over $150,000 in funding to various program categories since their establishment in 2003. Their latest input was assisting in the creation of a new facility at Crossroads for the Office for the Aging. The building dedication will be held on September 30. Mr. Higgins announced an event, or “Gala-bration” planned for May 2011, which should be very successful if it goes like last year’s event. He thanked the Board for their donation.

Privilege of the floor was granted to ACCORD Corporation Crisis and Prevention Services Manager Rory Dudley and staff members Christina Kinnicut, Lauri Hallett, and Katie Preston, who spoke about domestic violence. Mr. Dudley pointed out how the Board’s support impacts their grant applications and sends a message to Allegany County residents that the Board discourages domestic violence. Annually, ACCORD provides approximately 125 victims with advocacy services including shelter, family offense petition preparation, safety planning, support groups, children services, and referrals. These services are available in Bolivar, Belfast, and Wellsville, in addition to the main office in Belmont. Mr. Dudley thanked the Board for their support and for promoting positive change within the County by proclaiming October as Domestic Violence Awareness month. In closing, Ms. Kinnicut related the story of a client who accessed domestic violence services.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

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

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

The following communications were also acknowledged:

1. Correspondence from the Allegany County Area Foundation thanking the Board for its recent donation.

2. Invitation to attend the Allegany County Office for the Aging, NY Connects, and Veterans’ Services Building Dedication at 6085 State Route 19 North, Belmont, on September 30. There will be an open house from 3:00 to 4:00 p.m., and a ceremony will be held at 4:00 p.m.

3. A plaque was received from Allegany County Cancer Services in recognition of the Board’s continued support and dedication to the residents of Allegany County.

4. Copies of a DVD entitled, “All Fracked Up,” a satirical documentary on shale drilling in New York State, were distributed to all Legislators.

PROCLAMATION:

Chairman Curtis W. Crandall proclaimed October 2010 as Domestic Violence Awareness Month in Allegany County and urged all citizens to participate in scheduled activities sponsored by the Allegany County Consortium on Domestic Violence, and to work toward improving victim safety and holding perpetrators of domestic abuse accountable for their actions.

RESOLUTIONS:

RESOLUTION NO. 175-10

CREATING POSITION OF DIRECTOR OF EMERGENCY MANAGEMENT AND FIRE

IN THE OFFICE OF EMERGENCY SERVICES AND FIXING SALARY;

AMENDING NON-UNIT SALARY PLAN

Offered by: Personnel Committee

RESOLVED:

1. That the position of Director of Emergency Management and Fire is created in the Office of Emergency Services at an annual salary of $48,000.

2. That Section 4 of Resolution No. 297-75, as amended, is hereby amended by adding the title of Director of Emergency Management and Fire.

3. This resolution shall take effect on September 27, 2010.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Healy 12 Ayes, 0 Noes, 3 Absent

RESOLUTION NO. 176-10

AMENDMENT OF PUBLIC EMPLOYEE FEDERATION SALARY PLAN

TO CHANGE SALARY OF CRIME VICTIMS COORDINATOR

Offered by: Public Safety and Ways and Means Committees

WHEREAS, the title of Crime Victims Coordinator was removed from Section 4. of Resolution No. 297-75, by Resolution No. 232-2008, from the County Salary Plan, and placed in the Public Employee Federation Salary Plan created by Resolution No. 193-2007, and

WHEREAS, the title of Crime Victims Coordinator was not placed in a salary grade as the Crime Victims Program is funded through a grant from the Crime Victim’s Board and the salary for the Crime Victims Coordinator is set by such grant, now, therefore, be it

RESOLVED:

1. That the salary of the Crime Victims Coordinator is adjusted from $27,500 to $29,143 effective October 1, 2010, through September 30, 2011.

Moved by: Mr. Healy Adopted: Roll Call

Seconded by: Mr. Pullen 11 Ayes, 1 No, 3 Absent

Voting No: Ungermann

RESOLUTION NO. 177-10

ABANDONMENT OF FORMER OLD COUNTY HIGHWAY

AND LANDS TO THE SOUTH THEREOF

WHICH LIE NORTH OF COUNTY ROAD 16 AND

BETWEEN JACOBS ROAD ON THE EAST AND VAN ALLEN ROAD ON THE WEST

IN THE TOWN OF ANGELICA

Offered by: Public Works Committee

Pursuant to Highway Law Section 118-a

WHEREAS, a portion of lands used and/or acquired for County Highway purposes is of no further use for highway purposes, and

WHEREAS, the property comprises lands in the Town of Angelica consisting of that portion of the former Old County Highway and lands to the south thereof which lie north of County Road 16 and between Jacobs Road on the east and Van Allen Road on the west, and

WHEREAS, the County Superintendent of Public Works has recommended that such land be abandoned and eliminated from the County Road System, and

WHEREAS, such land will serve no other County purpose, now, therefore, be it

RESOLVED:

1. That the following property which comprises lands in the Town of Angelica consisting of that portion of the former Old County Highway and lands to the south thereof which lie north of County Road 16 and between Jacobs Road on the east and Van Allen Road on the west is hereby abandoned, to wit:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Angelica, County of Allegany, State of New York, being a part of Great Lot No. 31, Township 4, Range 2 of the Morris Reserve, more particularly described as follows:

Commencing at the southeast corner of lands deeded by Donn H. and Rosalie M. Granger to Brice and Sue Weigman by deed recorded on July 15, 1987, in the Allegany County Clerk’s Office in Liber 935 of deeds at page 83; said point being the intersection of the center line of the old county highway (old pavement) and the west bounds of Jacobs Road, said point being 24.75 feet +/- measured perpendicular to the center of Jacobs Road; thence along the center of the old county highway S 69-13-28 W a distance of 168.68 feet +/- to a point, said point being an iron pin (found); thence continuing along the center line of the old county highway S 35-10-35 W a distance of 89.98 feet +/- to a point, said point being the intersection of the center line of the old county highway and the east bounds of Van Allen Road, said point being 24.75 feet +/- measured perpendicular to the center of Van Allen Road; thence along the east bounds of Van Allen Road S 55-11-57 E a distance of 196.98 feet +/- to a point, said point being the intersection of the east bounds of Van Allen Road and the north bounds of County Road 16, said point being 24.75 feet +/- measured perpendicular to the center of Van Allen Road and 33.0 feet +/- measured perpendicular to the center of County Road 16; thence along the north bounds of County Road 16 N 51-44-08 E a distance of 162.35 feet +/- to a point, said point being the intersection of the north bounds of County Road 16 and the west bounds of Jacobs Road, said point being 33.0 feet +/- measured perpendicular to the center of County Road 16 and 24.75 feet +/- measured perpendicular to the center of Jacobs Road; thence along the west bounds of Jacobs Road N 28-44-35 W a distance of 165.67 feet +/- to the Point of Beginning. Comprising 0.92 acres of land, more or less.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Healy 12 Ayes, 0 Noes, 3 Absent

RESOLUTION NO. 178-10

TRANSFER OF FUNDS WITHIN CANCER SCREENING AND

BIOTERRORISM PREPAREDNESS ACCOUNTS

Offered by: Human Services Committee

RESOLVED:

1. That the sum of $3,500 is transferred as follows: $500 from Account No. A4071.4 to Account No. A4071.2 and $3,000 from Account No. A4189.4 to Account No. A4189.2.

Moved by: Mr. Burdick Adopted: Roll Call

Seconded by: Mr. LaForge 12 Ayes, 0 Noes, 3 Absent

(Memo: The transfers approved by Resolution No. 178-10 were necessary for the purchase of a trailer for the Bioterrorism Preparedness Program and office equipment for Cancer Services staff.)

RESOLUTION NO. 179-10

TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO

PUBLIC WORKS SOLID WASTE ACCOUNT

Offered by: Public Works and Ways and Means Committees

RESOLVED:

1. That the sum of $35,000 is transferred from Account No. A1990.4 (Contingent) to Account No. 8160.411 (Solid Waste - Repairs), to finance cost of repairing the CAT D7 Dozer used at the Landfill.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Curran 12 Ayes, 0 Noes, 3 Absent

RESOLUTION NO. 180-10

ACCEPTANCE OF FUNDS FROM THE FEDERAL OLDER AMERICANS ACT GRANT;

APPROPRIATION TO OFFICE FOR THE AGING ACCOUNTS

Offered by: Human Services and Ways and Means Committees

RESOLVED:

1. That the sum of $7,047 from the Federal Older Americans Act Grant is accepted and appropriated as follows: $3,939 to Account No. A6772.4, $992 to Account No. A6781.4, $1,635 to Account No. A6783.4, $481 to Account No. A6786.4, with a sum of $3,939 credited to Revenue Account No. A11.4772.00, $992 to Revenue Account No. A11.4772.05, $1,635 to Revenue Account No. A11.4772.07, and $481 to Revenue Account No. A11.4772.10.

Moved by: Mr. Burdick Adopted: Roll Call

Seconded by: Mr. Curran 12 Ayes, 0 Noes, 3 Absent

RESOLUTION NO. 181-10

ACCEPTANCE OF DONATION FROM RON ELLIS OF ALFRED STATION;

ACCEPTANCE OF FUNDING FROM INCREASED PARTICIPATION CONTRIBUTIONS;

APPROPRIATION OF SAME TO OFA-SUPPORTIVE SERVICES, OFA-SNAP, AND

OFA-EISEP ACCOUNTS;

TRANSFER OF FUNDS WITHIN OFFICE FOR THE AGING PROGRAMS

Offered by: Human Services and Ways and Means Committees

RESOLVED:

1. That the sum of $500 from Ron Ellis for the Volunteer Transportation Program is accepted.

2. That the sum of $12,200 in increased participation funds is accepted.

3. That the accepted sum of $12,700 is appropriated as follows: $500 to Account No. A6773.4, $4,200 to Account No. A6778.4, $8,000 to Account No. A6779.4, with a sum of $500 credited to Revenue Account A02.1972.01, $4,200 to Revenue Account No. A02.1972.06, and $8,000 to Revenue Account No. A09.2801.36.

4. That the sum of $4,000 is transferred from Account No. A6773.2 to Account No. A6773.4 and $22,000 from Account No. A6772.4 to Account No. A6779.4.

Moved by: Mr. Burdick Adopted: Roll Call

Seconded by: Mr. LaForge 12 Ayes, 0 Noes, 3 Absent

Comments made regarding Resolution No. 181-10 included the following: Legislator Pullen remarked on the contribution made by Ron Ellis and his wife as being quite notable, and he wanted to recognize and applaud them for their civic-mindedness and generosity, specifically for the Office for the Aging. The County doesn’t get any bigger bang for its buck than it does with the Office for the Aging, with its large number of volunteers and the dedication of its staff. This is a necessary program.

RESOLUTION NO. 182-10

ACCEPTING AND APPROPRIATING ADDITIONAL FUNDING FROM

NEW YORK STATE NEW VEHICLE AND TRAFFIC DIVERSION PROGRAM; INCREASING APPROPRIATION AND REVENUE ACCOUNTS

Offered by: Public Safety and Ways and Means Committees

RESOLVED:

1. That Account No. A1165.4 is increased from $7,000 to $36,850 and Revenue Account No. A06.2610.VT is increased from $33,750 to $66,000.

Moved by: Mr. Healy Adopted: Roll Call

Seconded by: Mr. Fanton 12 Ayes, 0 Noes, 3 Absent

(Memo: The Vehicle and Traffic Diversion Program, referred to in Resolution No. 182-10, was a new initiative in the District Attorney’s Office that commenced operation in February 2010. Each participant pays a fee of $200, and expenses for the program are paid from that fee, with the balance to be recognized as net revenue for the County. Expenses include a payment to the municipality to offset loss of revenue resulting from the diversion of the traffic ticket and program and instructor fees for a driver improvement program. The account adjustments were necessary due to the much larger than anticipated number of participants.)

Comments made regarding Resolution No. 182-10 included the following: Legislator Pullen noted that the District Attorney recommended this program, and the number of participants has greatly exceeded what he estimated. This is a good program that is benefitting our residents; it helps people retain their licenses and hopefully ensures better training for those people. The increased funding is certainly appreciated.

RESOLUTION NO. 183-10

ACCEPTING AND APPROPRIATING FUNDS FROM

THE NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES

TO STOP DWI PROGRAM EQUIPMENT ACCOUNT

Offered by: Public Safety and Ways and Means Committees

RESOLVED:

1. That the sum of $1,500 from the New York State Office of Children and Family Services is accepted.

2. That the accepted sum of $1,500 is appropriated to Account No. A3141.2, with a like sum credited to Revenue Account No. A10.3089.00.

Moved by: Mr. Healy Adopted: Roll Call

Seconded by: Mr. Curran 12 Ayes, 0 Noes, 3 Absent

(Memo: The funding accepted by Resolution No. 183-10 was a Legislative Grant Award to be used for computer equipment.)

RESOLUTION NO. 184-10

APPROVING SUPPLEMENTAL AGREEMENT #4 BETWEEN COUNTY OF ALLEGANY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION

FOR THE CONSTRUCTION PHASE OF THE BRIDGE REPLACEMENT (BIN 3047780)

COUNTY ROUTE 20 OVER NORTH BRANCH VAN CAMPEN CREEK,

TOWN OF FRIENDSHIP, COUNTY OF ALLEGANY

Offered by: Public Works and Ways and Means Committees

WHEREAS, the bridge replacement (BIN 3047780) County Route 20 over the North Branch Van Campen Creek located in the Town of Friendship was approved by Resolution No. 73-2006, and

WHEREAS, it is necessary to approve Supplemental Agreement #4 to include the SFY 2010/2011 additional approved Marchiselli funds for the Construction Phase of the project, now, therefore, be it

RESOLVED:

1. That Supplemental Agreement #4 between the County of Allegany and New York State Department of Transportation for the Construction Phase of the bridge replacement is approved.

2. That the Chairman of this Board is authorized to execute the Supplemental Agreement.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Healy 12 Ayes, 0 Noes, 3 Absent

RESOLUTION NO. 185-10

APPROVING SUPPLEMENTAL AGREEMENT #1 BETWEEN COUNTY OF ALLEGANY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION

FOR THE RIGHT OF WAY INCIDENTALS PHASE OF THE BRIDGE REPLACEMENT

(BIN 3060090) COUNTY ROUTE 16 OVER GENESEE RIVER,

TOWN OF BELFAST, COUNTY OF ALLEGANY

Offered by: Public Works and Ways and Means Committees

WHEREAS, the bridge replacement (BIN 3060090) County Route 16 over the Genesee River located in the Town of Belfast was approved by Resolution No. 163-2008, and

WHEREAS, it is necessary to approve Supplemental Agreement #1 to include the SFY 2010/2011 additional Marchiselli funds for the Right of Way Incidentals Phase of the project, now, therefore, be it

RESOLVED:

1. That Supplemental Agreement #1 between the County of Allegany and New York State Department of Transportation for the Right of Way Incidentals Phase of the bridge replacement is approved.

2. That the Chairman of this Board is authorized to execute the Supplemental Agreement.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Pullen 12 Ayes, 0 Noes, 3 Absent

RESOLUTION NO. 186-10

APPROVAL OF CONTRACT #T020855 BETWEEN

THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES,

OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES (OPCA)

AND ALLEGANY COUNTY FOR THE REIMBURSEMENT OF

THE PROBATION ELIGIBLE DIVERSION PROGRAM

FOR PERIOD JANUARY 1, 2010, TO DECEMBER 31, 2010;

RATIFYING THE CHAIRMAN’S SIGNATURE TO THE CONTRACT

Offered by: Public Safety Committee

RESOLVED:

1. That the Probation Eligible Diversion Program (PED) Contract #T020855 for January 1, 2010, to December 31, 2010, is approved.

2. That the Chairman of this Board is authorized to sign said agreement, and his prior signature thereto is hereby ratified.

Moved by: Mr. Healy Adopted: Roll Call

Seconded by: Mr. Burdick 12 Ayes, 0 Noes, 3 Absent

RESOLUTION NO. 187-10

APPROVAL OF CONTRACT # T020600 BETWEEN

THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES,

OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES (OPCA)

AND ALLEGANY COUNTY PROVIDING FOR THE REIMBURSEMENT OF

COMMUNITY SERVICE AND PRETRIAL RELEASE PROGRAMS

FOR PERIOD JANUARY 1, 2010, TO DECEMBER 31, 2010;

AUTHORIZING CHAIRMAN TO EXECUTE SAID CONTRACT

Offered by: Public Safety Committee

RESOLVED:

1. That the Community Service and Pretrial Release Programs Contract #T020600 for January 1, 2010, to December 31, 2010, is approved.

2. That the Chairman of this Board is authorized to sign said contract.

Moved by: Mr. Healy Adopted: Roll Call

Seconded by: Mr. Sinclair 12 Ayes, 0 Noes, 3 Absent

RESOLUTION NO. 188-10

AUTHORIZING SALE AND CONVEYANCE OF COUNTY’S INTEREST

IN REAL PROPERTY IN THE TOWN OF ANGELICA TO

BRICE WEIGMAN AND SUE WEIGMAN;

AUTHORIZING CHAIRMAN TO EXECUTE DEED

Offered by: Public Works Committee

WHEREAS, the County is the owner of certain real property located in the Town of Angelica, and

WHEREAS, such property has been abandoned for Highway use pursuant to Highway Law Section 118-a, and

WHEREAS, Brice Weigman and Sue Weigman, adjacent owners, have offered to pay the sum of five hundred dollars ($500) per acre plus attorney fees for said parcel, together with all expenses necessary for preparation and recording of the deed to said parcel, with the County to retain the mineral rights in the parcel, and

WHEREAS, this Board believes it is in the best interest of the County to convey such property to Brice and Sue Weigman according to the terms described above, now therefore, be it

RESOLVED:

1. That this Board authorizes the sale by quit claim deed to Brice Weigman and Sue Weigman of Belfast, New York, for the following described premises in the Town of Angelica, County of Allegany and State of New York for the sum of $500 per acre plus attorney and recording fees:

EXCEPTING and RESERVING to grantor, its successors and assigns, all oil, gas and minerals in, under and upon the above described property.

SUBJECT TO all easements and rights of way of record or visible possession.

TOGETHER with all the appurtenances and all the estate and rights of the party of the first part in and to said premises.

TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, its successors and assigns forever.

The County of Allegany shall in no event be or become liable for any defects in or encumbrances or liens on the title hereby conveyed for any cause whatsoever. No claim or demand of any nature that arises from this sale or any of the proceedings leading hereto shall ever be made against the County of Allegany.

It is understood and agreed that the County of Allegany is hereby conveying only such land as aforesaid and described above, and that said property shall be located and laid out by and at the expense of the party of the second part.

2. That the Chairman of this Board is authorized to execute and deliver a quit claim deed for said premises upon payment of the purchase price and fees.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. McGraw 12 Ayes, 0 Noes, 3 Absent

A motion was made by Legislator Fanton, seconded by Legislator LaForge and carried, to grant Legislator Pullen permission to abstain from voting on Resolution Intro. No. 195-10 (Authorizing Sale and Conveyance of County’s Interest in Real Property in the Town of Centerville to Roy C. Byington; Authorizing Chairman to Execute Deed).

RESOLUTION NO. 189-10

AUTHORIZING SALE AND CONVEYANCE OF COUNTY’S INTEREST

IN REAL PROPERTY IN THE TOWN OF CENTERVILLE TO ROY C. BYINGTON; AUTHORIZING CHAIRMAN TO EXECUTE DEED

Offered by: Public Works Committee

WHEREAS, the County is the owner of certain real property located in the Town of Centerville heretofore acquired for non-payment of real property taxes, and

WHEREAS, such property is not being occupied or used by the County and there is no planned use of it by the County, and

WHEREAS, Roy C. Byington, an adjacent owner, has offered to pay the sum of five hundred dollars ($500.00) per acre plus attorney fees for said parcels, together with all expenses necessary for preparation and recording of the deed to said parcel, with the County to retain the mineral rights in the parcel, and

WHEREAS, this Board believes it is in the best interest of the County to convey such property to Roy C. Byington according to the terms described above, now therefore, be it

RESOLVED:

1. That this Board authorizes the sale by quit claim deed to Roy C. Byington of Farmersville Station, New York, for the following described premises in the Town of Centerville, County of Allegany and State of New York for the sum of $500 per acre plus attorney and recording fees:

(First parcel, part of Liber 195 page 86)

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Centerville, County of Allegany, and State of New York, being part of Lot 50, Town 6, Range 2, of the Holland Land Company’s Survey, bounded and described as follows:

BEGINNING at a point in the center line of the Buffalo & Susquehanna Railway Company railroad, where said center line is intersected by the division line between lands now or formerly of Roswell N. & Clara Byington and lands of now or formerly of Marvin Stimson;

Thence South 7° 39' West, along said division line, a distance of 33.2 feet to a point, which point is a distance of 33.0 feet from said center line at right angles;

Thence North 88° 26' West, along a line parallel to and 33.0 feet from said center line, a distance of 1,696.9 feet to the division line between lands of Roswell N. & Clara Byington and lands now or formerly of Friend Byington;

Thence North 7° 39' East, along said division line and crossing said center line, a distance of 66.4 feet to a point, which point is 33.0 feet Northerly and at right angles from said center line, also said point is South 07° 39' West, 211.8 feet from a monument set in said division line;

Thence South 88° 26' East, along a line parallel to and 33.0 feet from said center line, a distance of 1,696.9 feet to the first mentioned division line;

Thence South 7° 39' West, along said division line, a distance of 33.2 feet to the point and place of beginning.

Being a strip of land 66.0 feet wide and 1,696.9 feet long measured on said center line, containing 2.68 acres of land more or less.

BEING the same premises conveyed from Roswell N. & Clara Byington to Buffalo & Susquehanna Railway Company in a deed dated March 31, 1904, and recorded on April 13, 1904, in the Allegany County Clerk’s Office in Liber 195 of Deeds at Page 86.

(Second parcel Liber 195 page 148)

A strip of land 43.0 feet wide immediately adjoining on the Easterly side thereof, lands heretofore conveyed by Byington to the Buffalo & Susquehanna Railway Company and extending from station number 2002 on the Railroad to the division line between lands of Byington and lands now or formerly of Marvin Stimson and containing 1.0 acre of land more or less.

BEING the same premises conveyed from Roswell N. & Clara Byington to Buffalo & Susquehanna Railway Company in a deed dated September 7, 1904, and recorded on September 29, 1904, in the Allegany County Clerk’s Office in Liber 195 of Deeds at Page 148.

(Third parcel Liber 195 page 199)

BEGINNING at a point at the intersection of the division line between lands of Roswell N. Byington and lands now or formerly owned by Marvin Stimson with the Southerly right of way line of lands of the Buffalo & Susquehanna Railway Company, which point is 33.0 feet from the center line of the railroad measured at right angles;

Thence South 7° 40' West, along said division line, a distance of 685.95 feet to a point in the center line of the highway known as the Holland Purchase Road;

Thence South 60° 3' West, along the center line of said road, a distance of 82.4 feet;

Thence North 7° 40' East, a distance of 201.4 feet to a point;

Thence North 88° 26' West, a distance of 104.3 feet to a point;

Thence North 1° 34' East, a distance of 200.0 feet to a point;

Thence Northerly and curving to the left with a radius of 343.1 feet, a distance of 475.0 feet to a point where said curve intersects said Southerly right of way line;

Thence South 88° 26' East, along said southerly right of way line, a distance of 500.0 feet to the place of beginning. Containing 3.25 acres more or less.

BEING the same premises as conveyed from Roswell N. Byington to Buffalo & Susquehanna Railway Company in a deed dated July 26, 1907, and recorded on March 28, 1910, in the Allegany County Clerk’s Office in Liber 195 of Deeds at Page 199.

The above-described parcels being a portion of the lands conveyed from Claude L. Cummins, Treasurer of the County of Allegany to the County of Allegany by Tax Deed dated May 13, 1935, recorded March 18, 1937, in Liber 324 of Deeds at page 279.

BEING, and intending to quit claim only, the former railroad lands within the bounds of lands formerly owned by Roy N. Byington and Jean Byington per deed recorded December 5, 1955, in Liber 493 of Deeds at page 321, said lands being devised by Jean Byington in her Last Will and Testament to Roy C. Byington, said lands identified specifically as being bounded on the north and south by lands now or formerly of Roy C. Byington and bounded on the east and west by a straight line extension of the easterly and westerly boundaries of said Byington through the railroad lands.

The foregoing railroad parcels are shown more particularly on the attached map.

EXCEPTING and RESERVING to grantor, his successors and assigns, all oil, gas and minerals in, under and upon the above described property.

SUBJECT TO all easements and rights of way of record or visible possession.

TOGETHER with all the appurtenances and all the estate and rights of the party of the first part in and to said premises.

TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his successors and assigns forever.

The transferor(s) herein certify that the within description does not split or combine assessment parcels and that the recording of this deed will not result in the alteration or change to or amendment of an existing tax map.

2. That the Chairman of this Board is authorized to execute and deliver a quit claim deed for said premises upon payment of the purchase price and fees.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. McGraw 11 Ayes, 0 Noes, 3 Absent

Abstained: Pullen

AUDITS:

A motion was made by Legislator Fanton, seconded by Legislator McGraw and carried, that the audits be acted upon collectively and by totals.

A motion was made by Legislator Pullen, seconded by Legislator Healy and adopted on a roll call vote of 11 Ayes, 1 No, 3 Absent, that the audit of claims, totaling $1,438,114.14, 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 $5,811,041.)

ADJOURNMENT: The meeting was adjourned at 2:50 p.m. on a motion made by Legislator Pullen, seconded by Legislator Burdick and carried.