ALLEGANY COUNTY BOARD OF LEGISLATORS

COMMITTEE OF THE WHOLE

January 19, 2010

** APPROVED **

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Legislators Present

D. Burdick, D. Cady, C. Crandall, P. Curran, M. Healy, T. Hopkins, K. LaForge, T. O’Grady, D. Pullen, F. Sinclair, N. Ungermann (Absent: G. Benson, D. Fanton, A. McGraw, D. Russo)

Others Present

J. Foels, J. Margeson, T. Miner, B. Riehle, T. Ross

Chairman Curtis W. Crandall called the meeting to order at 6:35 p.m. and led the group in the Pledge of Allegiance.

Chairman Crandall provided a brief history of previous Committee of the Whole meetings and touched on some of the issues that were hot topics during the prior Legislative term. Chairman Crandall stated that this special Committee of the Whole was scheduled to provide Legislators an opportunity to ask administrative and policy questions as well as brainstorm ideas. Issues brought up will not be debated tonight, but will be referred to the proper person or committee for further action or discussion.

Frequently Used Standing Committee Forms

County Administrator John Margeson distributed a packet of forms that are frequently used with our committee structure as follows:

Blue Referral Form:

The Blue Referral Form is used by one Standing Committee to refer a matter to a second Standing Committee when the second Standing Committee’s concurrence is necessary to complete an administrative action. The form is usually completed by the Department Head requesting an action or can be completed by the person who is taking minutes for the Committee. The form must be signed by the Chair of the Committee and returned to the Clerk of the Board. Mr. Margeson pro-vided some samples of when the blue referral form would be used.

Transfer Memorandum:

Budgetary transfers of less than $5,000 per transaction within the same family of sub-accounts can be approved solely by the County Administrator. The Transfer Memorandum is submitted by a Department Head to his/her Committee when the Department Head wishes to transfer more than $5,000 per transaction from one line item to another so long as it is within the same family of sub-accounts.

Mr. Margeson explained the difference between main accounts (A1010, A1040) and sub-accounts (.201, .407). Mr. Margeson stated that he provides a monthly report to the Board of any transfers that he has approved during the month.

Memorandum of Explanation:

Rule 170 of the Rules of the Allegany County Board of Legislators requires that, for certain Legislative actions requiring passage of a resolution, a Memorandum of Explanation must be presented to the Committee. If the Committee approves the Department Head’s request, the Memorandum is forwarded to the Clerk of the Board and it ultimately is attached and made a part of the Resolution which is presented for consideration to the full Board. The Memorandum of Explanation is intended to be a plain language explanation of what the Resolution will accomplish and why.

By Rule 170, the following legislative actions require a Memorandum of Explanation:

* Appropriation or transfer of monies

* Creation of Civil Service positions

* Contracts to purchase or lease goods or services

* A Memorializing Resolution

* A Resolution fixing compensation or employment benefits

* Disposal of real or personal property

Request to Fill Position Form:

This form is completed by the Department Head and submitted to his/her Committee of Jurisdiction at such time as a Department Head goes to fill a vacant position in his/her department. If the request to fill the position is approved by the Committee, the form and the request are referred to the Ways and Means Committee for final approval. Mr. Margeson indicated that the Request to Fill Position Form first started being used in 2003, and it helps answer a lot of questions and streamline important information.

District Meetings

Clerk of the Board Brenda Rigby Riehle stated that Section 8 of Local Law No. 1 of 1969 which created the Board of Legislators, and Section 8 of the Local Law adopted in 1993 which reapportioned the Board, require that the County Legislators meet at least once every three months during each calendar year with the Town Supervisors of the towns within their district. Mrs. Riehle stated that in past years, her office has sent meeting notices three to four weeks before a meeting to all town and village clerks letting them know when meetings have been scheduled, and she would be happy to continue that if Legislators can let her know when the meetings will be held. Mrs. Riehle indicated that some members of the public have expressed an interest in attending these meetings. If all district meetings were scheduled at the same time, a notice could be put in the paper; however, it would not be cost effective to publish individual meeting notices. The town and village clerks are requested to post the notice. Chairman Crandall explained how District I usually schedules and plans their meetings. Chairman Crandall also indicated that they try to coordinate the meetings so that all three Legislators from that District can attend.

Miscellaneous Housekeeping Issues

Mrs. Riehle requested that Legislators let her know any time they are not able to attend a particular meeting.

Mrs. Riehle stated that her office is available to help in any way that they can. If any Legislator would like work done, or is looking for specific information from any department, requests should be made directly to the Department Head so that the Department Head can assign the work to the appropriate employee.

Legislators should obtain their County employee identification cards, and Mrs. Riehle explained the process and brought forms that need to be completed.

Open Meetings Law

Mrs. Riehle stated that the County Attorney confirmed that the ad hoc committees are subject to the same Open Meetings Law regulations and requirements that the regular standing committees are subject to. Any meeting appearing on the official Board calendar will meet the proper meeting notification requirements as the calendar is posted and widely distributed. Legislator Sinclair questioned the need to make a meeting open when members are on a fact-finding mission. County Attorney Thomas Miner stated that there would be some practical limitations, and some situations may warrant an executive session, but it’s always wise to err on the side of being open. County Attorney Thomas Miner clarified that while it is always a good practice to provide advance notice of meetings and allow them to be open to the public, the legal requirement to do this is limited to official bodies having the ability to conduct official business. If the official body is simply advisory in nature and comprised of more than just Legislators, it is not subject to the Open Meetings Law. However, if an advisory committee if comprised solely of County Legislators and advises a standing committee, or the full Board regarding official business, it is subject to the Open Meetings Law.

There was a brief discussion regarding the amount of notice that must be given when scheduling a meeting. (The Open Meetings Law indicates that if a meeting is scheduled at least a week in advance, notice must be given to the public and the news media not less than 72 hours prior to the meeting. When a meeting is scheduled less than a week in advance, notice must be given to the public and the news media “to the extent practicable” at a reasonable time prior to the meeting.) Our Board Rules indicate that a forty-eight hour notice in writing shall be given to each Board member unless the member waives the giving of such notice in writing.

Public Officials Insurance

Legislator Dwight “Mike” Healy asked if Legislators are covered by the County as far as any civil litigation. County Attorney Miner stated that the County has insurance that covers public officials unless they were engaged in a criminal act.

Open Comments

Chairman Crandall opened the meeting up for general discussion. Chairman Crandall stated that are some things we do not have any choice about such as the Courthouse addition and renovation. The landfill is filling up and will need to be addressed, and a Public Works Ad Hoc Committee has been created to address those issues. We have ongoing budget issues, and we do not know what may be coming down from the state. The Chairman also stated that a new standing committee was created to step up the efforts in planning and development.

The following comments and ideas were mentioned:

County-Wide Sewer and Water

Chairman Crandall stated that our County is in need of a County-wide sewer and water assessment and plan. A lot of projects have taken place around the County in expanding and joining systems. Perhaps something can be done on a County level. Legislator Sinclair asked if there is still money available for consolidation of services, and Chairman Crandall and County Administrator Margeson said they thought money was still available. Legislator David Pullen stated that there is so much diversity between communities that either have an abundance or shortage of water, and it can really make a difference in terms of development. Most businesses of any size will not consider developing in an area without public water and sewer as well as other infrastructure such as gas and internet.

Lighting at Interstate Exits

Legislator Pullen stated that he would love to see lighting at the interstate ramps as he believes it would make these exits much more inviting. It was noted that lighting is a town issue, and Attorney Miner stated that he does not believe a County can create a lighting district in a town; however, he will investigate it further. The average annual cost for lighting at an exit is approximately $7,000 to $8,000.

Grant Funded Positions

Legislator Timothy O’Grady stated he would like the Personnel Committee to look at which positions are grant funded and when the funding for these positions runs out. Mr. Margeson stated that he does not know of an existing list; however, he does not believe it would be a monumental task to put one together. Legislator O’Grady stated that he would like to see this reviewed annually, noting that some positions may need to be abolished and/or cleaned up. Chairman Crandall stated that the information on the organization charts that should be included with the annual reports could be expanded to include this information.

Development Office & Proactive Action

Legislator Theodore Hopkins stated that if we are serious about development, do we have the right structure to do it? Foels is a one-man show; are we geared up enough. Perhaps this is a charge for the new Planning and Economic Development Committee to look at. From a committee standpoint, we tend to be reactive rather than proactive. Committees should be giving Department Heads the charges; we need to think about what we want done to be proactive.

County Forested Lands

Legislator Donald Cady asked if the revenues balance the expenses associated with the County’s forested lands. Mr. Margeson stated that we do not have a County Forester; we have a contract with Soil and Water to manage our County forest land. Legislator Cady stated that perhaps it is no longer cost efficient for the County to own these lands especially if they could be put back on the tax rolls. Legislator Fred Sinclair stated that the Forester position was eliminated when the County began contracting with Soil and Water. A ten-year analysis was done, and the money brought in on hardwoods was ten times the amount of the contract and the cost of taxes paid to towns. The multiplier was there to continue on with that process. We only have 2,000 acres, and you have to manage the forests. Legislator Sinclair stated that we will probably be entering a heavy period of harvesting in about ten years. Legislator Sinclair indicated that they did look at taking the first acre along the main roads for long-term rentals or building lots that could be developed. State legislation is required before any County forested lands can be sold, but we may be able to get approval considering the economic atmosphere. Legislator Sinclair stated it could be a viable idea. Chairman Crandall commented that a good viable development project along road frontage would carry more weight than some non-specific idea.

Crossroads

Legislator Douglas Burdick asked where we stand with the water and sewer district at Crossroads. Development Director John Foels stated that we’ve going through the engineering, archeological studies, design work, cost estimates, and the map, plan and report were done. The project had to be approved by the Comptroller’s Office because the costs to the individual users along the way were going to exceed the level set by the Comptroller’s Office. Mr. Foels reported that Chairman Crandall, County Administrator Margeson and he went to the Comptroller’s Office this past fall, and the Comptroller’s Office does not want Allegany County to build a water and sewer district that will adversely affect citizens, or be a burden to the taxpayers. Mr. Foels stated that we do not have the “build it and they will come” mentality. There are ongoing conversations as to how the resolutions should be worded. Right now the project sits in Albany for their review and comment.

Chairman Crandall said this is not a project that can sit idle; we need to continue to push it along. We need to continue to look at funding options to help lessen the financial burden. At one point, there was a push in Senator Schumer’s office; however, the funding is not there right now and the process needs to start over. There are other funding sources and streams that need to be pushed and explored. If we just went with the wording that the Comptroller wanted, we might as well scratch the project. Legislator Burdick asked if we have a plan to advance on this. Chairman Crandall stated that we need to pursue all funding sources that are available, and we need to have a reasonable resolution put together. The Comptroller’s Office has to approve the district, and they will not do that if they feel the County is exposed too much financially. Mr. Foels mentioned that there have been some discussions with Congressman Massa, and he indicated that he would try to attach some funding in a bill he is sponsoring. The project is estimated to cost $6.1 million, and funding will need to be a combination of things – federal, state, local, and the individual developer.

Legislator Philip Curran asked who the Crossroads Project was designed to benefit. Chairman Crandall responded that it was designed to benefit the entire County as a whole through increased tax base and sales tax generation. Legislator Curran asked who is going to purchase the property to accomplish that, and the Chairman indicated that it would be private developers. Legislator Curran commented that it really is a “build it and they will come” project then. Chairman Crandall stated that the intent is to have private developers lined up in conjunction with the project so it is more of a “get it ready to build when they come” project. Legislator Curran asserted that there are plenty of smaller projects around the County. Two in District V would be extending the Alfred sewer down into Alfred Station and perhaps even to Almond and then for the Towns of Grove and Burns to run Swain down to Canaseraga’s main sewer. Chairman Crandall indicated that was where he was going regarding County-wide sewer projects and working with the municipalities involved for the funding. If we had a consistent list and stream of projects that were ready to go, there may be funding to get those done.

Development – Meeting with Local Officials

Legislator Timothy O’Grady suggested holding a meeting with local officials to see if they really want economic development. The Mayor of Wellsville commented that he would like to see Allegany County stay like it is. Do the people that we are gearing projects toward, want development? A discussion regarding water and sewer projects could be tied in with it. It would be nice to get the main corridors linked up with water. Chairman Crandall stated that you have to have the municipalities buy in with or partner with development ideas. Hopefully the Board generally sees development and expanded tax base as a positive thing. We cannot maintain services and fund what we need to fund without some form of development. Part of this has already happened with the creation of the Comprehensive Plan and the meetings that were held in all five of the Legislative Districts. Prior to District meetings, there was an extensive process municipality by municipality to formulate the Comprehensive Plan. As we get into more strategic plans that affect municipalities, they have to be on board. Chairman Crandall asserted that we have enough places that will be development friendly and appreciative of any efforts that we can focus on those areas.

Legislator Sinclair commented that when the Comprehensive Plan was being developed, there were extensive meetings and opportunities for comment. One of the appendices is the 2007 to 2012 HUD Plan which has some excellent ideas regarding development. There is so much in the Comprehensive Plan, and there are a lot of places to operate and develop that are not controversial.

Chairman Crandall stated that development should create positive finances in the long run. Legislator Donald Cady referred to the millennium pipeline which was completed in a year’s time back in the 1980s. New York State has been resisting the proposed improvements and expansion stating that they do not want to hurt the environment, but many problems and leaks in the line could be improved with the proposed expansion.

Legislator O’Grady stated that his point is that he just doesn’t want to see us push a project, and then have it run into a lot of resistance. We need to be on the same page with others.

Legislator David Pullen stated that the state keeps upgrading standards so we can’t do some of the things that we used to be able to do. Legislator Pullen referred to some of the new standards regarding water and sewer. We need to comply with water and sewer regulations, but it can be very expensive to come into compliance – it’s a very nasty environment we have to deal with. How can we preserve community at a price that doesn’t drive everyone out of town?

Legislator Theodore Hopkins stated that we need to urge local communities to develop local plans that will fit into the County plan. Many communities do not have a comprehensive plan, and when they go to apply for money, they are not eligible. If we had a County-wide sewer and water authority, some of this could be taken care of. Legislator Curran stated that before we go to a big project, perhaps we need to work on smaller projects and get our tax base built up that way. Swain is one of the largest sales tax providers in the County, and they can’t expand much without municipal sewer.

County Planning and Tourism

Legislator Sinclair stated that in response to needing more people working on projects, the Planning and Economic Development Committee plans to propose the hiring of a County Planner. We expect that position to be a start and first step toward being able to make these moves and help communities facilitate, and we will also use that person to help build our planning and development capabilities.

Legislator Sinclair also indicated that the committee plans to propose adding another position to the County tourism efforts which has brought approximately $56 million into the County. Legislator Sinclair referred to the Comprehensive Plan, noting that we need to develop delivery mechanisms, and we are taking steps to do that. There needs to be dedicated funds to support going after grants to do projects; we can’t just throw them up to townships. It’s difficult for small communities to lift that much weight, and we need to develop the mechanisms to assist them. Legislator Sinclair referred to using a dedicated fund that could be replenished, and he suggested that a percentage of tax revenues should be dedicated to economic development and financing the things we are talking about. Now is the time for us to do this, and Legislator Sinclair indicated that he plans to bring people together that can help accomplish some of these things through the new Planning and Economic Development Committee.

Legislator Sinclair stated that he agrees with eliminating positions that are no longer needed, but he suggested that we should come up with a process that will show what will be lost or gained before any action is taken. All pieces should be put on the table before we expand or cut, and an analysis needs to be done.

Legislator O’Grady stated that he does not mind the idea of setting up a dedicated fund, but every one or two percent that is taken from one area, needs to be made up in another area. Legislator Sinclair stated that the dedicated funds should be an investment with a return. Building a tax base is the primary goal; grants go away. Legislator Donald Cady stated that if something isn’t working out, you can make adjustments. Legislator Sinclair stated that we need to have a process in place for evaluating agencies we support so that we can defend where we are putting tax dollars.

Legislator Pullen stated that if you look around the County at hot spots of activity or where there is some growth taking place, you will find that someone had a dream or an idea. We have to preserve and enhance existing businesses while we create and encourage new businesses. Legislator Pullen stated that he is in favor of what Legislator Curran talked about, and he is also in favor of what we are trying to do at Crossroads. Legislator Pullen stated that the Crossroads Project can only happen if we cooperate and have a common vision. Legislator Pullen doesn’t know if we can convince the state that we will not spend money until we have businesses committed to coming, but who will build here without water and sewer? We need to try to break the gridlock.

Legislator Dwight “Mike” Healy stated that the Crossroads Project should benefit the entire County. It’s the center of the transportation corridor, and anything done at Crossroads should be good for the entire County. Legislator Pullen commented that even if it doesn’t change the property tax, it should help sales tax. County Treasurer Terri Ross stated that sales tax revenue is approximately $17.3 million.

Oil & Gas

Legislator Cady stated that the people in Wirt would like to get into oil and gas, but the state is dragging their heels. There is also talk of wind power. We are pretty much hamstrung by our government. It is difficult for some to see how development in one area of the County will benefit them in a different area.

County Beautification

Legislator Sinclair stated that beautification of the County should be addressed. Some towns are hesitant to enforce building codes, or some building codes are not being properly applied. Legislator Sinclair suggested looking at County-wide assessing, code enforcement and zoning. This may infringe on what a property owner can do with and on his property so it could be a very hot topic. Chairman Crandall stated that perhaps facilitating a shared services plan might be something to look at, but it can be costly.

Legislator Pullen stated that in the Northwest corner of the County, seven towns are now cooperating with code enforcement, everything is coordinated, and the cost has consistently gone down with better service. They also dovetailed together with assessing. The County previously opted out of code enforcement so if towns and villages opt out, it would jump over to the state.

Future Meetings

Chairman Crandall announced that a second meeting will be held on Tuesday, February 16, from 6:30 to 9:00 p.m. at the Crossroads Commerce & Conference Center.

Executive Session

A motion was made by Legislator Burdick, seconded by Legislator Hopkins and carried to enter into executive session to discuss the employment history of a particular corporation. Immediately following discussion, a motion was made by Legislator Burdick, seconded by Legislator Hopkins and carried to end the executive session and return to the regular meeting.

Adjournment

A motion was made by Legislator O’Grady, seconded by Legislator Hopkins and carried to adjourn the meeting at 9 p.m.

Respectfully submitted,

Brenda Rigby Riehle, Clerk of the Board