ALLEGANY
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 Army Staff Sergeant Gary Rathbun.
INVOCATION: The
Invocation was given by Legislator David Pullen.
ROLL
CALL: 13 Legislators Present:
APPROVAL OF
MINUTES:
The Board meeting minutes of December
27, 2010, were approved on a motion made by Legislator Hopkins, seconded by
Legislator Curran and carried.
The Board Organization meeting
minutes of January 3, 2011, were approved on a motion made by Legislator Sinclair,
seconded by Legislator Curran and carried.
The Board meeting minutes of January
10, 2011, 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 Gary Rathbun, former United States Army Staff Sergeant, in grateful
appreciation of his service to our Country.
Mr. Rathbun’s service dates were from May 1951 to February 1954. Following Basic Training at
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. February
2011 Calendar of Board and Standing Committee meeting dates. An Open House for the Courthouse Addition on
February 11, 2-5 p.m. was announced and added to the calendar. (A request was made later in the meeting that
the ending time be extended to 6 p.m.)
Members of the public are encouraged to attend.
2. NYSAC Survey regarding Mandate Relief Initiatives. If you would like to participate, please complete the survey and hand it in to Brenda Rigby Riehle at the Committee of the Whole meeting on Tuesday, January 25.
The
following communications were also acknowledged:
1. Press Release regarding a donation to the Office for the Aging from the Thomas and Laura Moogan Family Foundation. (See Resolution Intro. No. 18-11 for acceptance of funds.)
2. Southern
Tier West Regional Planning &
3. Correspondence from the Allegany County Association for the Blind thanking the Board for its support.
4. Notice of next Fire Advisory Board meeting on January 27 at 8 p.m. There will also be a joint meeting of District Deputies, Fire Investigators, and Haz Mat Coordinators with the Fire Coordinator at 6 p.m.
APPOINTMENTS:
The Clerk of the Board announced
that Chairman Curtis Crandall has appointed Michael Hennessy of
INTRODUCTION OF LEGISLATION:
Legislator
RESOLUTIONS:
Resolution Intro. No. 23-11 (Appointment
of Karl Graves as
Resolution Intro. No.
23-11 (Appointment of Karl Graves as
A motion was made by
Legislator Ungermann to table Resolution Intro. No. 23-11 (Appointment of Karl
Graves as County Legislator from District IV for Period January 24, 2011, to
and including December 31, 2011) to allow more time to consider the issue. The motion failed, as it was not seconded.
RESOLUTION
NO. 11-11
APPOINTMENT OF KARL GRAVES AS
FOR PERIOD JANUARY 24, 2011, TO AND INCLUDING DECEMBER
31, 2011
Offered by: Ways and Means Committee
WHEREAS, a vacancy has occurred in the
office of County Legislator from District IV due to the resignation of Daniel
Russo effective January 10, 2011, and
WHEREAS, pursuant to Section 7 of Local
Law No. 3 of 1993, it will be necessary for this Board to appoint a person to
fill this vacancy until January 1, 2012, and
WHEREAS, Karl Graves of the Town of
WHEREAS, the Ways and Means Committee
of this Board believes that Karl Graves will meet the qualifications
established for such office by Section 5 of said Local Law, now, therefore, be
it
RESOLVED:
1. That
Karl Graves of the Town of
2. That said appointee shall take and file
his official oath in the Allegany County Clerk’s Office within thirty days
after the commencement of said term of office and shall also, within such
thirty-day period, file in said Clerk’s Office an affidavit, subscribed and
sworn to by said appointee, that he is presently a resident of the Town of
Wellsville and was a continuous resident of said Town for at least one year
immediately preceding the 24th day of January, 2011, and further, that he holds
no other elective county office nor holds any elective town or village office.
The foregoing affidavit shall be in such form as shall be approved by the
3. That within ten days of the respective
filing date or dates of such official oath and affidavit, the County Clerk
shall transmit in writing to this Board a notification that such official oath
and affidavit have been filed and specifying the respective filing date or
dates of such official oath and affidavit.
Moved by: Mr. Healy Adopted: Voice Vote
Seconded by: Mr. O’Grady
Allegany County Judge Terrence Parker
administered the Oath of Office to Legislator Karl Graves, who was accompanied
by his girlfriend, Patricia Newsome, and son, Matthew, following the adoption
of Resolution No. 11-11. Legislator
RESOLUTION
NO. 12-11
RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW
TO REQUIRE THE PAYMENT OF AN ADMINISTRATIVE FEE BY AN
INDIVIDUAL REQUIRED TO ATTEND MEETINGS OF
THE ALLEGANY
Offered by: Public Safety and Ways and Means Committees
WHEREAS, on this 24th day of January,
2011, a local law (Intro. No. 1-2011, Print No. 1) was introduced to require
the payment of an administrative fee by an individual required to attend meetings
of the Allegany County STOP-DWI Victim Impact Panel, and
WHEREAS, it will be necessary to set a
date for public hearing on said proposed local law, now, therefore, be it
RESOLVED:
1. That a public hearing shall be held on
February 14, 2011, at 2:00 P.M. in the County Legislators’ Chambers, Room 221,
County Office Building, Belmont, New York, before the Allegany County Board of
Legislators, in relation to proposed Local Law Intro. No. 1-2011, Print No. 1.
2. That
the Clerk of the Board of Legislators is directed to prepare, with the
assistance of the County Attorney, a notice of said public hearing, to cause
the publication of a copy of said notice in each of the two newspapers which
have been officially designated by this Board to publish “notices,” and to
affix a copy of said notice on the County bulletin board in the County
Courthouse at Belmont, New York; both publication and posting to be made at
least five days before the public hearing.
Moved by: Mr. Healy Adopted: Voice Vote
Seconded by: Mr. Hopkins
RESOLUTION
NO. 13-11
A RESOLUTION IN RELATION TO
THE CONSTRUCTION OF
TOWN BRIDGE NO. 05-03 (B.I.N.
2213960) IN TOWN OF
Offered by:
Public Works and Ways and Means Committees
Pursuant to Highway Law § 238 and Resolution No. 65-95
WHEREAS, the County Public Works Department has submitted a report
to this Board stating its reasons why Town Bridge No. 05-03 (B.I.N. 2213960)
on
WHEREAS, the County Public Works Department has submitted plans,
maps and specifications for the construction of such Bridge and estimated the
project costs at $224,000, and
WHEREAS, such Bridge qualifies under the Cost Sharing Plan set
forth in Resolution No. 65-95, now, therefore, be it
RESOLVED:
1. That this Board of Legislators does
determine that it considers Town Bridge No. 05-03 (B.I.N. 2213960) on
2. That the plans, maps and specifications
prepared by the County Public Works Department are approved, and the County Public Works Department is
directed to construct such Bridge in accordance with such plans, maps and specifications.
3. That the authorized cost for the
construction of such Bridge shall not exceed $224,000.
4. That in accordance with Resolution No.
65-95, the County’s share of such cost is estimated to be $190,400 and shall be
transferred to a Capital Project Account to be designated by the County
Treasurer.
5. That the Town’s share of such cost,
estimated to be $33,600, shall be paid to the County pursuant to the provisions
of section 1 g. of Resolution No. 65-95.
6. That such Bridge shall not be constructed
until the Town of
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Healy 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 14-11
A RESOLUTION IN RELATION TO
THE CONSTRUCTION OF
TOWN BRIDGE NO. 06-08 (B.I.N.
2214120) IN TOWN OF
Offered by:
Public Works and Ways and Means Committees
Pursuant to Highway Law § 238 and Resolution No. 65-95
WHEREAS, the County Public Works Department has submitted a report
to this Board stating its reasons why Town Bridge No. 06-08 (B.I.N. 2214120) on Quigg Hollow Road in the Town of Andover
should be constructed, and
WHEREAS, the County Public Works Department has submitted plans,
maps and specifications for the construction of such Bridge and estimated the
project costs at $365,000, and
WHEREAS, such Bridge qualifies under the Cost Sharing Plan set
forth in Resolution No. 65-95, now, therefore, be it
RESOLVED:
1. That this Board of Legislators does
determine that it considers Town Bridge No. 06-08 (B.I.N. 2214120) on
2. That the plans, maps and specifications
prepared by the County Public Works Department are approved, and the County Public Works Department is
directed to construct such Bridge in accordance with such plans, maps and
specifications.
3. That the authorized cost for the
construction of such Bridge shall not exceed $365,000.
4. That in accordance with Resolution No.
65-95, the County’s share of such cost is estimated to be $310,250 and shall be
transferred to a Capital Project Account to be designated by the County
Treasurer.
5. That the Town’s share of such cost,
estimated to be $54,750, shall be paid to the County pursuant to the provisions
of section 1 g. of Resolution No. 65-95.
6. That such Bridge shall not be
constructed until the Town of
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. LaForge 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 15-11
A RESOLUTION IN RELATION TO
THE CONSTRUCTION OF
TOWN BRIDGE NO. 17-05 (B.I.N.
2214610) IN TOWN OF
Offered by:
Public Works and Ways and Means Committees
Pursuant to Highway Law § 238 and Resolution No. 65-95
WHEREAS, the County Public Works Department has submitted a report
to this Board stating its reasons why Town Bridge No. 17-05 (B.I.N. 2214610) on
WHEREAS, the County Public Works Department has submitted plans,
maps and specifications for the construction of such Bridge and estimated the
project costs at $419,500, and
WHEREAS, such Bridge qualifies under the Cost Sharing Plan set
forth in Resolution No. 65-95, now, therefore, be it
RESOLVED:
1. That this Board of Legislators does
determine that it considers Town Bridge No. 17-05 (B.I.N. 2214610) on
2. That the plans, maps and specifications
prepared by the County Public Works Department are approved, and the County Public Works Department is
directed to construct such Bridge in accordance with such plans, maps and
specifications.
3. That the authorized cost for the
construction of such Bridge shall not exceed $419,500.
4. That in accordance with Resolution No.
65-95, the County’s share of such cost is estimated to be $356,575 and shall be
transferred to a Capital Project Account to be designated by the County
Treasurer.
5. That the Town’s share of such cost,
estimated to be $62,925, shall be paid to the County pursuant to the provisions
of section 1 g. of Resolution No. 65-95.
6. That such Bridge shall not be
constructed until the Town of
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Cady 14
Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution Nos. 13-11
through 16-11 included the following: The
County is paying 85 percent of the costs for these four town bridge repair
projects, and the towns each pay 15 percent.
This is our tax dollars at work. The
expenses did not have to be bonded this year, but were budgeted for.
RESOLUTION
NO. 16-11
A RESOLUTION IN RELATION TO
THE CONSTRUCTION OF
TOWN BRIDGE NO. 22-05 (B.I.N.
2214890) IN TOWN OF NEW
Offered by:
Public Works and Ways and Means Committees
Pursuant to Highway Law § 238 and Resolution No. 65-95
WHEREAS, the County Public Works Department has submitted a report
to this Board stating its reasons why Town Bridge No. 22-05 (B.I.N. 2214890) on Haskins Road in the Town of New Hudson
should be constructed, and
WHEREAS, the County Public Works Department has submitted plans,
maps and specifications for the construction of such Bridge and estimated the
project costs at $409,500, and
WHEREAS, such Bridge qualifies under the Cost Sharing Plan set
forth in Resolution No. 65-95, now, therefore, be it
RESOLVED:
1. That this Board of Legislators does
determine that it considers Town Bridge No. 22-05 (B.I.N. 2214890) on
2. That the plans, maps and specifications
prepared by the County Public Works Department are approved, and the County Public Works Department is
directed to construct such Bridge in accordance with such plans, maps and
specifications.
3. That the authorized cost for the
construction of such Bridge shall not exceed $409,500.
4. That in accordance with Resolution No.
65-95, the County’s share of such cost is estimated to be $348,075 and shall be
transferred to a Capital Project Account to be designated by the County
Treasurer.
5. That the Town’s share of such cost,
estimated to be $61,425, shall be paid to the County pursuant to the provisions
of section 1 g. of Resolution No. 65-95.
6. That such Bridge shall not be
constructed until the Town of
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Healy 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 17-11
REAPPOINTMENT OF FOUR MEMBERS
TO
THE CITIZENS ADVISORY COUNCIL
TO THE OFFICE FOR THE AGING
Offered by: Human
Services Committee
Pursuant to Resolution No. 221-74
RESOLVED:
1. That
the reappointments of Wallace Higgins of Alfred Station, New York, David T.
Pullen of Fillmore, New York, Jean Switalski of Cuba, New York, and Beverly Grantier of Wellsville, New York,
to the Citizens Advisory Council to the Office for the Aging, with term of
office for each commencing January 1, 2011, and expiring December 31, 2013, are confirmed.
Moved by: Mr. Burdick Adopted: Voice Vote
Seconded by: Mr. O’Grady
RESOLUTION
NO. 18-11
REAPPOINTMENT OF FIVE INCUMBENT MEMBERS TO
Offered by: Public Safety Committee
Pursuant to Local Law
No. 2 of 1972
RESOLVED:
1. That
Moved by: Mr. Healy Adopted: Voice Vote
Seconded by: Mr. McGraw
RESOLUTION
NO. 19-11
ACCEPTING THE REMAINDER OF A
BEQUEST FROM
THE ESTATE OF EDNA E.
MCANDREWS AND
A DONATION FROM THE MOOGAN
FAMILY FOUNDATION AND
APPROPRIATING THESE FUNDS TO
OFFICE FOR THE AGING ACCOUNTS
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That
the remainder of a bequest in the amount of $382.49 from the Estate of Edna E.
McAndrews and a donation in the amount of $750 from the Moogan Family
Foundation to the Office for the Aging is accepted.
2. That
the total accepted sum of $1,132.49 is appropriated as follows: $750 to Account
No. A6773.408, with a like sum
credited to Revenue Account No. A02.1972.01, and the sum of $382.49 to Reserve Account No. A08.2755.R.
Moved by: Mr. Burdick Adopted: Roll Call
Seconded by: Mr. Curran 14
Ayes, 0 Noes, 1 Absent
(Memo: Regarding Resolution No. 19-11, the McAndrews
bequest will be placed in the OFA reserve account, and the Moogan donation will
be used immediately to purchase grab bars for frail elderly in need of the support.)
Comments were made in appreciation for the
donations accepted in Resolution No. 19-11, and it was suggested that
acknowledgements be sent to both families.
RESOLUTION
NO. 20-11
ACCEPTING AND APPROPRIATING FUNDS RECEIVED
FROM
THE GOVERNOR’S TRAFFIC SAFETY PROGRAM STEPS
IN SAFETY GRANT
(SAFETY ON WHEELS) FOR STATE FISCAL YEAR
OCTOBER 1, 2010,
THROUGH SEPTEMBER 30, 2011
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That
the Governor’s Traffic Safety Program STEPS in Safety Grant funds in the amount
of $2,893.62 are accepted and appropriated to Account No. A3114.4 (Traffic
Program – Contractual), with a
like sum credited to Revenue Account No. A10.3389.3114 (State Aid – STOP-DWI – STEPS in Safety).
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 21-11
ACCEPTANCE OF THE INSURANCE PROPOSAL OF
NYMIR SUBMITTED BY RICHARDSON & STOUT
INSURANCE COMPANY;
CONTINUED AUTHORITY OF BOARD CLERK AND
PERSONNEL COMMITTEE
TO SECURE OTHER INSURANCE
Offered by:
Personnel Committee
RESOLVED:
1. That the NYMIR insurance proposal and
related services as submitted by Richardson & Stout Insurance Company of
Wellsville, New York, to the
County of Allegany for the period February 1, 2011, to February 1, 2012, is approved.
2. That the premium of $233,951.13, plus any additional premium amounts
resulting from the addition or inclusion of vehicles, equipment and other
property to the policies, is
charged to Account No. A1910.406 of the 2011 County Final Budget in which the
funds are proportionately provided to cover the whole of such premium.
3. That
all other insurance not provided for in the foregoing proposal shall continue
to be secured by the Clerk of the
Moved by: Mr. O’Grady Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 21-11
included the following: Legislator
O’Grady noted that the Personnel Committee looked at several options for this
insurance, and by staying with NYMIR through Richardson and Stout, the County
saved about $28,000. Legislator Pullen
pointed out that the County has seen significant reductions in the amount spent
for insurance, but we have also increased coverage.
RESOLUTION
NO. 22-11
APPROVING CONTRACT WITH ALLEGANY-CATTARAUGUS LEGAL
SERVICES, INC. FOR FAMILY COURT AND CRIMINAL COURT LEGAL REPRESENTATION OF
INDIGENT PERSONS WHERE CONFLICT EXISTS WITHIN
PUBLIC DEFENDER’S OFFICE;
AUTHORIZING CHAIRMAN TO EXECUTE SUCH CONTRACT
Offered by: Public Safety Committee
Pursuant to Sections
363, 366, 450, and 722 of the
WHEREAS, the County has solicited
proposals for the provision of legal representation in Family Court and
Criminal Courts to those who are financially unable to obtain counsel pursuant
to New York State County Law Section 722, and
WHEREAS, Allegany-Cattaraugus Legal
Services, Inc., having an office at (No Street or Number), P. O. Box 96,
Belmont, New York 14813, can provide the aforementioned legal services for an
amount not to exceed $210,000, plus actual expenses for expert witnesses and
other ordinary litigation expenses in an amount not to exceed $5,000, now,
therefore, be it
RESOLVED:
1. That
the Contract with Allegany-Cattaraugus Legal Services, Inc., to provide such
indigent representation for a term commencing January 1, 2011, and terminating
December 31, 2011, is approved. The
Chairman of this Board of Legislators is authorized to execute a contract on
behalf of
2. Changes to the appropriation accounts
and other budgetary changes necessary to effectuate the above agreement shall
be made by the Budget Officer.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 23-11
CREATING POSITIONS OF EARLY INTERVENTION
SERVICE COORDINATOR,
EARLY INTERVENTION PROGRAM DIRECTOR AND TWO
TYPISTS IN
THE HEALTH DEPARTMENT
Offered by:
Personnel and Human Services Committees
RESOLVED:
1. That
the positions of Early Intervention Service Coordinator, Early Intervention
Program Director and two Typists are created in the Health Department.
2. That the position of Early Intervention
Program Director is placed in Grade 5 of the PEF Salary Plan.
3. This resolution shall take effect
January 25, 2011.
Moved by: Mr. Burdick Adopted: Roll Call
Seconded by: Mr. LaForge 14
Ayes, 0 Noes, 1 Absent
(Memo:
Regarding the positions created in Resolution No. 23-11, the Early
Intervention Service Coordinator and the
Early Intervention Program Director are necessary in order to comply with
new NYS Department of Health regulations, will allow for maximum grant funding
reimbursement, give some control over services provided, and will ensure that
only children meeting the regulation guidelines receive services and those
services are delivered in the most cost effective, efficient manner possible. Salaries will be covered by revenue generated
through billable services, Early Intervention grant funds, and Article 6 Public
Health funds. The two Typist positions
are needed to answer phones, direct people through the Health Department, and
provide clerical support for Public Health programs. Savings of over $33,000 per year
(salary/fringe/longevity) will be realized by replacing the Clinic Secretary and
the Senior Account Clerk Typist with Typists.
It was noted that the Health Department support staff has been cut to
less than half in the past three years.)
Comments made regarding Resolution No. 23-11
included the following: Legislator Pullen
noted that the resolution represents a state mandate, one in which the state is
not only telling us what we have to do, but how we have to do it.
Resolution Intro. No. 24-11 (Approval of Board Chairman’s Appointment of Michael D. Hennessy as Director of County Veterans’ Service Agency) was not pre-filed and was considered from the floor on a motion made by Legislator Healy, seconded by Legislator Graves and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION
NO. 24-11
APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT OF
MICHAEL D. HENNESSY AS DIRECTOR OF
Offered by: Personnel Committee
Pursuant to Executive
Law 357 and Resolution No. 58-45
RESOLVED:
1. That
the appointment by the Chairman of this Board of Legislators of Michael D.
Hennessy of Wellsville, New York, as Director of the County Veterans’ Service
Agency for a term commencing February 7, 2011, and ending December 31, 2011, is
approved.
Moved by: Mr. Healy Adopted: Voice Vote
Seconded by: Mr. O’Grady
Comments made regarding Resolution No. 24-11
included the following: Chairman
Crandall noted that the Veterans’ Service Agency Director is a Chairman’s
appointment with confirmation by the Board.
The selection process included involvement by a number of Veterans’
groups. There was representation by the
VFW, the American Legion, and a
Mr.
Hennessy expressed thanks to Chairman Crandall and the Board for his
appointment, and he was very appreciative of the Veterans on the selection
committee. He noted that he will be very
humbled and honored to represent the Veterans of Allegany County, and he looks
forward to working with the Board of Legislators.
AUDITS:
A motion was made by
Legislator Hopkins, seconded by Legislator Sinclair and carried, that the
audits be acted upon collectively and by totals.
A motion was made by
Legislator Hopkins, seconded by Legislator Sinclair and adopted on a roll call
vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $4,439,481.88,
including prepaid expenses, be approved for payment as recommended by the
County Administrator (opposed:
Ungermann). (
ADJOURNMENT:
The meeting was adjourned at 2:52
p.m. on a motion made by Legislator Hopkins, seconded by Legislator Pullen and
carried.