ALLEGANY COUNTY BOARD OF LEGISLATORS
REGULAR SESSION
** 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 Navy Petty Officer 2nd Class Michael Schryver.
INVOCATION: The
Invocation was given by Legislator David Pullen.
ROLL
CALL: 14 Legislators Present: Douglas Burdick, Donald Cady, Curtis
Crandall, Philip Curran, Dwight Fanton, Karl Graves, Dwight (Mike) Healy,
Theodore Hopkins, Kevin LaForge, Aaron McGraw, Timothy O’Grady, David Pullen,
Frederick Sinclair, Norman Ungermann, Jr.;
1 Legislator Absent: Glenn Benson
APPROVAL OF
MINUTES:
The Board meeting minutes of July 21,
2011, were approved on a motion made by Legislator Graves, seconded by
Legislator Curran and carried.
PUBLIC
HEARING:
Chairman Crandall closed the regular
meeting to hold a public hearing on the approval of the 2011-2015 Allegany County Multi-Jurisdictional Hazard Mitigation Plan. There being no one desiring to speak, the
public hearing was declared closed and the Board reconvened in regular session.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a certificate
to Michael Schryver, former United States Navy Petty Officer 2nd
Class, in grateful appreciation of his service to our Country. Mr. Schryver’s service dates were from
September 1999 to April 2003. Following
Basic Training at the Naval Station in Great Lakes, IL, assignments included: USS Wasp (LHD 1) and Naval Special Warfare
Operation. Mr. Schryver primarily worked
in the Navy nuclear power program and transferred to naval special warfare. He also spent six years as a government
contractor in Afghanistan and Iraq.
Commendations he received included:
National Service Medal, Meritorious Unit Commendation Medal, Navy and
Marine Corps Achievement Medal, and Navy “E” Ribbon. Mr. Schryver 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 presented a certificate
to Clara Robinson in recognition of her actions exemplifying a Good
Samaritan. Her actions on June 19 in
alerting the proper officials about a natural gas leak in the Genesee Town Hall
saved not only the Town Hall, but possibly lives as well.
Chairman Crandall granted privilege
of the floor to the following:
Senior
Foundation President Wallace Higgins, who was accompanied by four Foundation
members, spoke about their recent annual fundraising gala held at Alfred Tech
Activities Building in Wellsville. The
event was very successful, and he thanked everyone whose efforts made it
possible. Mr. Higgins presented Chairman
Crandall with a check for $10,000 from the fundraiser to be used for Meals-on-Wheels
and an additional $7,200 from the Alfred Station Community Chest United Way to
be used for Lifeline. Office for the
Aging Director Kim Toot reported that they provide 350 to 400 meals each day
for those who find it difficult to cook for themselves,
which increases their chances of staying at home. She thanked everyone who participated in the
gala, especially the leadership of the Senior Foundation. The $10,000 raised for Meals-on-Wheels will
allow them to provide meals to everyone who needs it, at least for this year,
in spite of state budget cuts. The $7,200
mentioned earlier for Lifeline services will also enable people to stay in
their homes where they want to be.
Office for the Aging couldn’t do that without the support of the Senior
Foundation. Mrs. Toot expressed her
gratitude. Chairman Crandall noted that
the Senior Foundation was formed to benefit seniors and to take up the slack to
cover the gaps in state funding. This is
an excellent example of what that Foundation was designed for. The Senior Foundation is able to accept funds
that the Board isn’t able to. Their
success is very much appreciated, as is the funding to keep these programs
going.
Allegany
Trails President William Dibble provided an update on the progress being made on
the Upper Genesee Trail network. He
distributed a short history of the trail beginning with the Board’s resolution
in 1990 approving the intent to convey the County’s interest in the trail to
NYS DEC up to the actual deed transfer in 2009.
The ribbon was cut marking the opening of the first section last
month. Mr. Dibble recognized Chairman
Crandall for his part in signing the deed.
Chairman Crandall related that the process to turn the trail over to NYS
DEC began in 1990, and by the time he was elected to the Board, it seemed to be
old news. The County had originally
acquired the property as a tax auction issue.
If not for the persistence of those in the early 1990s and by Bill
Dibble to get the DEC to take ownership of this trail and move forward, it
would have gone by the wayside. Chairman
Crandall congratulated and thanked Mr. Dibble for his efforts and the success
related to the trail. Mr. Dibble
presented County Historian Craig Braack with a section of the ribbon from the
trail opening for the historical records.
He also reported on plans to extend the Genesee Trail from south of the
Village of Wellsville to Belfast.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Allegany County Mutual Self-Insurance
Plan (Workers’ Compensation) 2012 Budget together with the apportionment of
costs of the budget to the County, Towns, and Villages of Allegany County
approved by the Personnel Committee on August 3.
2. Report of Intrafund Transfers approved
by the County Administrator in July.
3. Report of Tax Bill Corrections approved
by the County Administrator in July.
The
following communications were also acknowledged:
1. Correspondence from Assemblyman Daniel
Burling regarding the Corporal Jason Dunham Memorial Highway and Bridge.
2. Reminder of Cornell Cooperative
Extension Workshops titled, “Landowner’s Update - What’s Happening
with Natural Gas Development in New York?”
The workshops will be held on August 17 at 7 p.m. at the Amity Rescue
Squad Center in Belmont, and on August 24 at 7 p.m. at the Willing Town Hall.
3. Correspondence from Chemung County
Executive Thomas Santulli regarding the Chesapeake Bay Restoration Initiative.
4. Invitation from the Greater Allegany
County Chamber of Commerce to attend the 2011 Legislative Breakfast at Houghton
College on September 2, 2011, beginning at 8:30 a.m.
5. Notice of NYSAC 2011 Fall Seminar at
the Crowne Plaza Hotel in Lake Placid from September 21-23, 2011. If you plan to attend, please let Brenda
Rigby Riehle know by August 10.
6. Notice of next InterCounty Association meeting to be hosted by Chemung County at the National Soaring Museum in Elmira on August 19.
PROCLAMATION:
Chairman
Crandall read a Proclamation declaring the week of July 31 through August 6,
2011, as Breastfeeding Week in Allegany County at the annual WIC Picnic on
August 3.
RESOLUTIONS:
RESOLUTION
NO. 116-11
RESOLUTION APPROVING THE
2011-2015 ALLEGANY COUNTY
MULTI-JURISDICTIONAL HAZARD
MITIGATION PLAN
Offered by:
Planning and Development Committee
WHEREAS, the Hazard Mitigation Planning Group has met with the County’s
towns, villages, colleges, special districts and groups to update the 2005
Allegany County Multi-Jurisdictional Hazard Mitigation Plan, and
WHEREAS, FEMA has reviewed the final version of the
2011-2015 Allegany County Multi-Jurisdictional Hazard Mitigation Plan,
comprising an update to the 2005 Plan, and has indicated that the plan is now
approvable pending adoption, and
WHEREAS, copies of the proposed 2011-2015 Allegany County
Multi-Jurisdictional Hazard Mitigation Plan have been available for review on
the County website and available at the Clerk of the Board’s Office, and
WHEREAS, Allegany
County is a local unit of government that has afforded the citizens an
opportunity to comment and provide input in the Plan and the actions in the
Plan, and
WHEREAS, the Allegany County Board of Legislators believes that adoption of the updated Plan
is in the best interests of the County of Allegany and the towns and villages
within Allegany County, now therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators hereby approves and adopts the 2011-2015 Allegany County Multi-Jurisdictional Hazard Mitigation Plan.
Moved by: Mr. Sinclair Adopted: Roll Call
Seconded by: Mr. LaForge 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 117-11
AMENDMENT OF PUBLIC EMPLOYEE FEDERATION SALARY PLAN
TO CHANGE SALARY OF CRIME VICTIMS COORDINATOR
Offered by: Public Safety and Personnel Committees
RESOLVED:
1. The Crime Victims Coordinator salary is changed from $29,143 to $30,194.
2. This resolution shall take effect October 1, 2011.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. O’Grady 12
Ayes, 2 Noes, 1 Absent
Voting
No: Curran, Ungermann
(Memo: The salary change approved in Resolution No.
117-11 is effective from October 1, 2011, through September 30, 2012. The Crime Victims Program has been a part of
the District Attorney’s Office since October 1, 2000, and is funded through a
grant from the NYS Office of Victim Services, previously the NYS Crime Victims
Board. The grant was renewed in 2009 for
a three-year period through September 2012.
The grant sets the salary for the Crime Victims Coordinator as part of
the grant funds. District Attorney Slep
has indicated that a portion of the fringe benefits are covered by the grant
funds, but not the entire amount. There
will be no additional cost to the County.)
Comments made
regarding Resolution No. 117-11 included the following: Legislator
Ungermann related his experiences as a crime victim a couple of years ago. In the course of events, he wrote all the
appropriate letters and did all the appropriate things, but it seemed to fall
on deaf ears. The Public Defender,
Probation Officer, and Judge all seemed to be unaware of his correspondence. Mr. Ungermann feels that this is a “feel good”
program that isn’t very successful, and he wouldn’t support the program.
RESOLUTION
NO. 118-11
ACCEPTING AND APPROPRIATING UNANTICIPATED FEDERAL AID
IN THE FORM OF FEDERAL SALARY SHARING FUNDS FOR
THE COMMUNITY SERVICES AGENCY
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That
the sum of $8,108 of unanticipated federal aid in the form of federal salary
sharing funds is accepted.
2. That the accepted sum of $8,108 is appropriated to Account No. A4317.409 with a like sum credited to Revenue Account No. A11.4490.00.
Moved by: Mr. Burdick Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 119-11
APPROVING
SUPPLEMENTAL AGREEMENT #1 BETWEEN COUNTY OF ALLEGANY AND NEW
YORK STATE DEPARTMENT OF TRANSPORTATION FOR
THE DESIGN AND
RIGHT-OF-WAY INCIDENTALS PHASE ON
THE BRIDGE
REPLACEMENT (BIN 3330770) ON COUNTY ROUTE 4
OVER RUSH CREEK,
TOWN OF HUME, COUNTY OF ALLEGANY
Offered by: Public Works and Ways and Means Committees
WHEREAS, the bridge replacement (BIN 3330770) on County Route 4 over Rush Creek located in the Town of Hume was approved by Resolution No. 113-2010, and
WHEREAS, it is necessary to approve Supplemental Agreement #1 to include the SFY 2011/2012 additional approved Marchiselli funds for the Design and 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 Design and 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. Hopkins 14
Ayes, 0 Noes, 1 Absent
AUDITS:
A motion was made by
Legislator Hopkins, seconded by Legislator Curran 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 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $3,935,540.48,
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 $5,130,854.) Legislator
Ungermann questioned the County Administrator about some of his expenses.
GENERAL COMMENTS:
Chairman Crandall noted
that usually at this time in the meeting, Legislators have shared news on
different events, such as Heritage Days in Angelica this past weekend, and they
have also distributed and commented on news articles. He handed out copies of an article and noted
that, “Mr. Ungermann is the one who usually shares the news articles with the
Board, and it typically doesn’t shed a favorable light on anything. This article was in the Cuba Patriot; Mr.
Ungermann sent it in. The reason I want
to discuss it for a minute is because I don’t think it sheds good light on
Allegany County or this Board of Legislators.
I haven’t been one to say anything to anyone who disagrees amongst us or
disagrees with me. That’s what we’re
here for – to debate; but there were a couple of things that are wrong with
this article. Number one, the title of
it, ‘Politics and the Board of Elections,’ should read, ‘Politics and Norm Ungermann.’ Mr. Ungermann starts out quoting some legal
sections of Municipal Law and gives an authoritative position. But by the time you get into the second
paragraph, he states that the Democrat Election Commissioner and the Republican
Election Commissioner are appointed by Legislative Board Chairman
Crandall. That’s not a Board Chair appointment. Those appointments come from their respective
parties: Cass Lorow’s name was submitted
by the Democrat Party, and Elaine Herdman’s name was submitted by the
Republican Party. After submission, those
recommendations go to the Personnel Committee, of which Mr. Ungermann is a
member, and then they sponsor a resolution to come before this full Board. Further in the article, Mr. Ungermann mentions
that in his opinion, our Election Commissioners should be commended, but instead,
the Chairman of the County Legislature has told our Election Commissioners that
they will not be reappointed if they continue with the consolidation efforts
that this article talks about. As I
pointed out, I have no control over the appointments any more than anyone else
on the Board. My vote counts as one, the
same as everybody else’s in this particular instance. There are appointments made by the Board Chairman,
and there are appointments made by the Board Chairman that need approval by
this full Board. This isn’t one of
them. There’s other mention in the
article of the consolidation of election districts, and the charge or allowance
for the Commissioners to make those decisions, but it notes that one reason
Caneadea and Alfred have balked at having two polling places reduced to one is
the fear that college students won’t vote.
I sat in on a discussion in an attorney/client session that went way
beyond the fear that college students won’t vote. And that was a concern that this Board had
that was shared in attorney/client session.
The reason I wanted to point this out is that as we feel compelled to take
a position – and again, a position on the other side of the fence is what makes
the world go around, and we can debate that – but if you’re going to take a position
and write a letter to the editor or news article like this, do Allegany County
and this Board a favor: do your homework
and get your facts straight.”
ADJOURNMENT: The meeting was adjourned at 2:40 p.m. on a motion made by Legislator Hopkins,
seconded by Legislator Graves and carried.