ALLEGANY COUNTY BOARD OF LEGISLATORS

ORGANIZATION MEETING

JANUARY 3, 2011

** APPROVED **

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CALL TO ORDER: The organization meeting of the Board of Legislators was called to order at 2:00 p.m. by Clerk of the Board Brenda Rigby Riehle.

PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Navy Machinist Mate Craig R. Braack.

INVOCATION: The Invocation was given by Legislator David Pullen.

ROLL CALL: 13 Present; 2 Absent (Legislators McGraw and Russo).

RESOLUTIONS:

RESOLUTION NO. 1-11

REAPPOINTMENT OF LEGISLATOR CURTIS W. CRANDALL TO

CHAIRMANSHIP OF BOARD OF LEGISLATORS;

AUTHORITY TO DETERMINE NUMBER OF BOARD MEMBERS ON COMMITTEES

Offered by: Legislator Theodore L. Hopkins

Pursuant to County Law § 450

RESOLVED:

1. That Legislator Curtis W. Crandall is reappointed Chairman of this Board of Legislators, with term of office commencing immediately and expiring December 31, 2011.

2. That said Chairman is authorized to determine the number of Board members to serve on each of the standing and special committees of this Board which have been or may be established by this Board.

Moved by: Mr. Hopkins Adopted: Voice Vote

Seconded by: Mr. Fanton

OATH OF OFFICE ADMINISTERED:

Allegany County Judge Thomas Brown administered the Oath of Office to Chairman Curtis W. Crandall, who was accompanied by his wife, Cathy, following adoption of Resolution No. 1-11. Chairman Crandall assumed leadership of the meeting.

RESOLUTION NO. 2-11

REAPPOINTMENT OF VICE CHAIRMAN

Offered by: Legislator Curtis W. Crandall

Pursuant to Rule 70 of County Board Rules as enacted by Resolution No. 77-89

RESOLVED:

1. That Legislator Dwight R. Fanton is reappointed Vice Chairman of this Board of Legislators to act pursuant to, and during the designated time periods specified in, County Board Rules.

Moved by: Mr. Crandall Adopted: Voice Vote

Seconded by: Mr. Healy

OATH OF OFFICE ADMINISTERED:

Allegany County Judge Thomas Brown administered the Oath of Office to Vice Chairman Dwight R. Fanton, who was accompanied by his wife, Linda, following adoption of Resolution No. 2-11.

RESOLUTION NO. 3-11

APPOINTMENT OF COMMISSIONER OF SOCIAL SERVICES AND

FIXING ANNUAL SALARY THEREFOR

Offered by: Human Services Committee

Pursuant to Social Services Law § § 65 and 116

WHEREAS, Patricia Schmelzer retired from service as Allegany County Commissioner of Social Services effective December 28, 2010, and

WHEREAS, in anticipation of her retirement, the Human Services Committee advertised for interested candidates to fill this position, and

WHEREAS, the Human Services Committee interviewed several candidates and has made its recommendation to the full Board concerning the best candidate to fill this position, now, therefore, be it

RESOLVED:

1. That Vicki L. Grant of Houghton, New York, is appointed Commissioner of Social Services for a term of five years commencing January 3, 2011, and expiring January 2, 2016.

2. That the base annual salary for such Commissioner of Social Services is fixed at $70,000 per annum notwithstanding the base annual salary established for such Commissioner of Social Services for the year 2011 established by Local Law No. 4 of 2010.

Moved by: Mr. Burdick Adopted: Roll Call

Seconded by: Mr. LaForge 13 Ayes, 0 Noes, 2 Absent

Newly appointed Commissioner of Social Services Vicki Grant was introduced. She commented that she was excited about her position and was looking forward to implementing some new projects and working with the great staff that they have.

APPOINTMENTS:

The Clerk of the Board announced that Chairman Crandall has made the following appointments:

AGRICULTURAL AND FARMLAND PROTECTION BOARD (Pursuant to Agriculture & Markets Law Section 302 and Resolution No. 42-93):

Rodney K. Bennett, Coterminous with his designation as Chairman of Soil and Water Conservation District’s Board of Directors, for a one-year term expiring December 31, 2011

CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD (Reappointed jointly with Michael T. O’Brien, Chairman of the Cattaraugus County Legislature, for a three-year term expiring December 31, 2013):

Bob Halady

Theresa Schueckler

Christina John

Linda Spaulding

Don Giardini

Steve Crowley

Mark Levine (appointed to replace Jodi Fuller, for a three-year term)

COMPREHENSIVE PLAN IMPLEMENTATION GROUP (To serve at the pleasure of the Chairman, pursuant to Resolution No. 125-08, as amended by Resolution No. 18-10, for a one-year term):

Charles Jessup, Alfred Station Linda Clayson, Belmont

Edward Eicher, Wellsville William Shuler, Cuba

Lee Gridley, Wellsville Gretchen Hanchett, Belmont

Sherry Grugel, Cuba Elaine Hardman, Wellsville

Deborah Clark, Alfred Donald Cameron, Alfred Station

Scott Torrey, Belmont Lee James, Cuba

Raymond DeTine, Belmont Joel Kassirer, Angelica

Steve Havey, Wellsville Frederick Sinclair, Scio

Michael Johnsen, Dalton

CORNELL COOPERATIVE EXTENSION OF ALLEGANY COUNTY, LEGISLATIVE REPRESENTATIVE MEMBER (Recommendation by Chairman Crandall to their Board of Directors, for a one-year term):

David T. Pullen, Fillmore

EMERGENCY INTERIM SUCCESSOR (To serve at the pleasure of the Chairman, for a one-year term):

Theodore L. Hopkins, Fillmore

DIRECTOR OF EMERGENCY MANAGEMENT AND FIRE (To serve at the pleasure of the Chairman, in accordance with the provisions of applicable law, for a one-year term):

Jeffrey N. Luckey, Fillmore

INTERCOUNTY ASSOCIATION OF COUNTY LEGISLATIVE BODIES OF WESTERN NEW YORK (To serve at the pleasure of the Chairman, for a one-year term):

Voting Members:

Glenn R. Benson, Whitesville

Kevin S. LaForge, Wellsville

Brenda Rigby Riehle, Belmont

Alternate Voting Members:

Philip B. Curran, Alfred Station

Dwight “Mike” Healy, Belmont

REGION 9 OPEN SPACE ADVISORY COMMITTEE (To serve at the pleasure of the Chairman, for a one-year term):

H. Kier Dirlam, Angelica

RESOURCE CONSERVATION AND DEVELOPMENT BOARD (To serve at the pleasure of the Chairman, for a one-year term):

County Representative Member:

Scott Torrey, Belmont

County Alternate:

Philip B. Curran, Alfred Station

Legislative Member:

Norman G. Ungermann, Cuba

Member At Large:

Thomas Parmenter, Fillmore

SOLID WASTE HEARING BOARD (To serve at the pleasure of the Chairman, pursuant to Resolution No. 211-04 and Local Law No. 3 of 2004, for a one-year term):

Dwight R. Fanton, Chairman of Public Works

Daniel Russo, District IV Legislator

Donald L. Cady, District III Legislator

Alternates:

Glenn R. Benson, Whitesville

Douglas D. Burdick, Alfred Station

COORDINATOR OF THE SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED (STOP DWI) (To serve at the pleasure of the Chairman, pursuant to Vehicle and Traffic Law Section 1197 and Resolution No. 29-82, for a one-year term):

Linda S. Edwards, Houghton

ALLEGANY COUNTY TRANSPORTATION TASK FORCE (To serve at the pleasure of the Chairman, for a one-year term):

Dwight R. Fanton, Wellsville

Dwight “Mike” Healy, Belmont

The Clerk of the Board announced that Chairman Crandall has made the following appointments, all of which are subject to confirmation by the Board of Legislators:

CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING (For a three-year term, expiring December 31, 2013):

Wallace Higgins, Alfred Station

Jean Switalski, Cuba

David T. Pullen, Fillmore

Beverly Grantier, Wellsville

REGION 9 FISH & WILDLIFE MANAGEMENT BOARD (For a two-year term, expiring December 31, 2012):

Landowner Representative Member:

Phillip May, Wellsville

Alternate Landowner Member:

Richard (Butch) Lorow, Almond

ALLEGANY COUNTY PLANNING BOARD (For a three-year term, expiring December 31, 2013):

Valerie Perkins, Caneadea (District I)

Aaron Dale Foster, Andover (District IV)

Charles Jessup, Alfred Station (District V)

Ex-Officio Members: (Annual Appointment)

David Roeske, Superintendent of Public Works, Wellsville, NY

Terri L. Ross, County Treasurer, Angelica, NY

Theodore L. Hopkins, Ways & Means Committee Chairman, Fillmore, NY

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

1. Communication from the Republican Party members of the Allegany County Board of Legislators recommending that the Chairman designate Theodore L. Hopkins as Majority Leader of said Board for 2011.

2. Any Legislator wishing to attend the NYSAC Conference in Albany from February 7 through 9, 2011, should let Brenda Rigby Riehle know today or as soon as possible.

MESSAGE FROM THE CHAIRMAN:

“I would like to thank our elected officials, department heads, family, and distinguished guests for attending our organizational meeting today. A special thank you goes to our now Senior Judge, the Honorable Thomas P. Brown for administering the Oaths of Office today. I had the honor of attending the historical Swearing-In Ceremony held at the Judge James E. Euken Chambers in our County Courthouse on Saturday, a privilege shared with many other patriotic citizens of Allegany County, as it turned out to be a standing room only event. We witnessed our newly elected Judge the Honorable Terrence M. Parker, our new Sheriff Ricky L. Whitney, our new Undersheriff Kevin D. Monroe, and our new District Attorney Keith A. Slep, along with his Assistant District Attorneys, take their Oaths of Office. As we begin not only a new year, but also a new decade, I can’t help but have a feeling of pride in the seamless changing of the guard of these very distinguished and very important positions that help make our County and our Country what it is; it’s such a direct example of our freedom. Congratulations to each one of these elected officials; and on behalf of this Board of Legislators, we look forward to working with you.

As I begin this message, I would like to thank my colleagues for the honor and privilege you have given me by selecting me Chairman of the Allegany County Board of Legislators. I accept this position with utmost sincerity, and I pledge to serve with the best of my ability, with respect to the office of Chairman and respect to each of you. Together we have and we can continue to make a difference.

This is also a time to acknowledge those who work and carry out the policies and direction of our Board. I would like to thank our County Administrator John Margeson for the overall daily management of County operations. As Legislators, we know and recognize the great job you do in handling this demanding position. Thank you to the Clerk of the Board Brenda Riehle and her staff for attending to all the details we need as Legislators and helping us to serve our positions as efficiently and productively as possible. Thank you to our County Attorney Tom Miner and his staff for the consultations, research, and professionalism which assures us that we can move forward on solid legal ground time and again throughout the year. To all of the Department Heads and County Employees, thank you for your dedication and expertise in meeting the constant demands and challenges of County Government. The responsibility of balancing the proper human services, public safety, infrastructure, and cultural needs of our citizens, not to mention addressing the mandated demands that are placed on us, and meeting these needs, while at the same time minimizing the tax burden for Allegany County residents, is no small task. Each of you handle this responsibility very well. Thank you. Hats off to those Department Heads and Employees who have recently retired. This Board will miss your experience and dedication. To our newly appointed Department Heads and Employees: Welcome; we look forward to working with you.

Appreciation is also due to our volunteer citizens who devote themselves on a regular basis to our advisory boards, committees, and councils, as well as our fire and rescue units. Nothing can be said to properly express our deep appreciation. Thank you for making our County a better place to live. When per-capita figures are quoted and we are compared to others in an attempt to somehow shed a negative light on our area, for some reason this doesn’t factor into their equation. Other places claim a great history, heritage, and people, but I know that none can compare to Allegany County.

As we bring a close to the challenges, opportunities, adventures, and the many satisfying rewards that we received from serving the people of Allegany County as their Legislators in 2010, and as we look forward to the challenges and opportunities coming up in 2011, I would like to pause and reflect on the time we spent together.

A year ago as we met here, some sitting at their desks officially as Legislators for the first time, having taken the oath of office just minutes before, I pointed out some differences between our Board of Legislators and our predecessors. Let’s take a look at some of them.

• I said that we started with possibly the largest fund balance of any Board in our County’s history, a balance of over $9 million, and that only a few short years ago, we had a negative fund balance of close to $4 million. What happened to this? Where are we now? As the books were closed on 2009, we learned that we once again ended with a budget surplus, and we now have a fund balance of over $12 million. In 2010, we responsibly paid off a $1.33 million Bond Anticipation Note, and both Standards & Poor and Moody’s upgraded our Bond Rating, resulting in savings of over $800,000 in interest payments on the Court Facilities alone. For our 2011 Budget, we used $950,000 from the fund balance to help deliver an honest budget to the taxpayers of Allegany County at a zero percent property tax rate increase, and this includes paying the cost of our bridge maintenance program and equipment without further borrowing. We changed third party administrators for our County health insurance plan, which will result in savings of over $2 million over the next three years. I would say our fiscal responsibility is sound.
• A year ago, I said we were the first Board to begin our session with a project in hand and approved that properly addressed the Court Facilities Capital Plan Act passed by the State Legislature in 1987. As we sit here today, we are only weeks away from moving into the new addition of our Court Facilities, which completes the major phase of the project, on time, under budget, and in compliance. Another serious facility concern was addressed in 2010 by the project completion, ribbon cutting, and occupancy of our new Office for the Aging and Veterans’ Services Facility at the Crossroads Center.
• I said we were the first Board to begin our session with a municipal agreement in place with the Town of Friendship, the engineering in place, and a defined project for development at the Crossroads Area at I-86 and State Route 19. In 2010, this Board took action and entered into an agreement with a grant-writing firm to help obtain funds for the infrastructure needed in this area, recognizing the fact that economic development is vital to reducing the tax burden on the citizens of Allegany County and committed to seeing the project through.
• I said we are the first Board to sit down on day one with a Comprehensive Plan complete and in working order, ready to be utilized. At the beginning of 2010, we appointed a committee to implement this plan and not just let it sit on a shelf. By the end of this month, we will begin a process to review, update, and amend the plan according to its Comprehensive Plan Review Cycle, with a goal of approving an updated plan by the end of 2012.
• A year ago, this Board began with a new standing committee, the Planning and Economic Development Committee. This committee, along with its sub-committees which are dealing with our County’s communications and energy issues, is pursuing and exploring areas that are critical to the well being of Allegany County. This committee coupled with the new County Planner position will prove to have a positive and lasting influence on our future.

We start 2011 with changes on the State level that will no doubt affect the way we deliver services here in Allegany County. New York State can no longer sustain nor afford the level of services it historically has provided, and as these necessary changes and adjustments are made, we will need to be prepared to make changes and adjustments ourselves as the administrator of so many mandated services. On January 1, a newly elected Governor took his oath of office, having won this position on a pledge to reform New York State Government and make the Empire State competitive and great once again. I anxiously wait to see the direction and form these changes will take. Governor Cuomo, I wish you and your administration well, for everyone throughout New York State has so much at stake. As property tax cap proposals take form and mandated programs administered on the County level enter into these debates, we will remain vigilant along with all counties across New York State. As the State of New York addresses its most challenging fiscal crisis in its history, we need to stay committed in working with the leaders in State Government in finding acceptable solutions. We will soon be discussing efficiencies in local government and exploring ways that services can be delivered in a more cost effective manner. This is not a situation where we can sit idly by and see what hand we are dealt; we need to be proactive in working with the State, as well as our local municipalities. Elected Officials on all levels of Government face major challenges in 2011; let’s work together to meet these challenges.

Along with these unknowns, we will keep working on the known challenges we face in County Government which include.

• Keeping our infrastructure in shape by managing our highway system, our aging inventory of bridges, as well as continued upgrading and maintenance of buildings and grounds. We will continue to address and plan for the foreseeable closure of our landfill due to it reaching capacity in just a few short years.
• The continuation and refinement of our space needs as they relate to the proper sizing and operation of our departments and dealing with the domino effect we create as each change is implemented still remains a challenge for the New Year.
• In 2011, can we come to agreement with the unions whose contracts are not yet negotiated or settled?
• We are challenged with the monitoring of and continued shift of personnel within our departments through attrition, and the delivery of required services in the most efficient manner.
• We are challenged by our involvement in countywide job recruitment, training, and job retention, which benefits all of Allegany County and our economic growth.

Gentlemen, our challenges in 2011 and beyond won’t be scarce or hard to find, yet I also believe that opportunities exist and can be found as well. We have proven that we aren’t afraid to take proper action and think outside the box. A year ago, I stated that our term as Legislators will go fast, and that we should not waste it. This group has a good productive year under our belts, and we have met the challenge. Let’s go forward with continued optimism, set realistic goals, and make 2011 count as well. Thank you.”

STANDING AND SPECIAL COMMITTEE ASSIGNMENTS:

Chairman Crandall distributed copies of his assignments to the STANDING AND SPECIAL COMMITTEES OF THE BOARD OF LEGISLATORS FOR 2011. He read the following statement:

“The committee assignments for 2011 reflect no changes from those of 2010. My thought behind this is: We began 2010 with several new Legislators as well as a change in the Standing Committees themselves. A great deal of time and thought went into selecting the Chairmen of the committees as well as the membership of each committee. It appears to me that the proper balance within the committees was established, and the committees as they stand are working well. To make unnecessary changes at this time is unjustified. As we proceed, I will not hesitate to make adjustments to these assignments if it helps in the operation of our committee system, or can improve the overall effectiveness of our Board.”

Assignments are as follows; Chairmen and Vice Chairmen are listed first:

COURT FACILITIES AND COUNTY SPACE NEEDS:

Pullen, Fanton, Benson, Cady, Curran, Russo

HUMAN SERVICES:

Burdick, Russo, Cady, LaForge, Sinclair

PERSONNEL:

O’Grady, Burdick, Benson, Cady, Fanton, Pullen, Ungermann

Special - Negotiations Ad Hoc Committee: (Sub-Committee of Personnel)

Pullen, O’Grady

PLANNING AND ECONOMIC DEVELOPMENT:

Sinclair, Pullen, Curran, Healy, Hopkins, LaForge, McGraw, O’Grady

Special - Communications & Technology Ad Hoc Committee:

(Sub-Committee of P&D)

Pullen, Healy, Mike Johnsen, Jerry Scott

Special - Energy & Resources Ad Hoc Committee: (Sub-Committee of P&D)

LaForge, Benson, Sinclair

PUBLIC SAFETY:

Healy, Benson, Burdick, Hopkins, McGraw, Russo

PUBLIC WORKS:

Fanton, O’Grady, Curran, Healy, Hopkins, McGraw, Ungermann

WAYS & MEANS:

Hopkins, Fanton, Burdick, Healy, LaForge, O’Grady, Pullen, Sinclair

Special - Budget Committee: (Sub-Committee of Ways & Means)

Hopkins, Fanton, Cady, Curran, LaForge, O’Grady

CHAIRMAN’S PRESENTATION OF CERTIFICATE:

Chairman Crandall presented a certificate to Craig R. Braack, former United States Navy Machinist Mate, in grateful appreciation of his service to our Country. Mr. Braack’s service dates were from 1967 to 1971. Following Basic Training at Great Lakes, IL, his duty station was the USS Lexington, Carrier Vessel 16, Pensacola, FL. He received a Good Conduct Medal. Mr. Braack led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program. (Mr. Braack is the Allegany County Historian.) Chairman Crandall ended the presentation with a recording on the American Flag by Johnny Cash.

ADJOURNMENT: The meeting was adjourned at 2:45 p.m. on a motion made by Legislator Pullen, seconded by Legislator Sinclair and carried.