ALLEGANY
REGULAR SESSION
MAY 23, 2011
** 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 Air Force Sergeant Kevin D. Monroe.
INVOCATION: The
Invocation was given by Legislator David Pullen.
ROLL
CALL: 14 Legislators Present: Glenn Benson,
APPROVAL OF
MINUTES:
The Board meeting minutes of May 9, 2011, were approved
on a motion made by Legislator Hopkins, seconded by Legislator Curran and
carried. Legislator Ungermann offered additional comment on
Resolution No. 73-11, Approval of
Agreement with Approved Provider of Programs, SEIT and/or Evaluations for
Preschoolers with Disabilities. He received cost information from Public
Health Director Loreen Ballengee. The
value of the contract (total of contracts with all providers) is $1,952,900, of
which the County’s portion is $781,000.
That’s between five and six percent of the
PUBLIC
HEARING:
Chairman Crandall closed the regular
meeting to hold a public hearing regarding the Modification and Continuation of Agricultural District Number Three which
was created within the Towns of Almond, Birdsall, Burns, and Grove by
Resolution No. 158-02 on May 28, 2002. Comments
included the following:
Legislator Ungermann asked Soil and
Water Conservation District Executive Director
As there were no further comments,
the public hearing was declared closed, and the Board reconvened in regular
session.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a certificate
to Kevin D. Monroe, former United States Air Force Sergeant, in grateful
appreciation of his service to our Country.
Mr. Monroe’s service dates were from October 1984 to April 1988. Following Basic Training at Lackland Air Force Base, assignments included: Warren Air Force Base, Cheyenne, WY; Osan Air Base, Republic of Korea; and Loring
Air Force Base, Limestone, ME.
Commendations he received included:
Airman of the Quarter at Osan
Chairman Crandall thanked those
involved with distributing the American Legion poppies in memoriam of our
Veterans. They were distributed by
Charity Cline, representing the American Legion Auxiliary Post 808 in
Chairman Crandall
granted privilege of the floor to County Historian Craig Braack, who spoke
about Memorial Day:
“May 13, 1864, is a day that means absolutely nothing to
us. It rings no bells of familiarity
even in the minds of our most ardent Civil War buffs, EXCEPT in the minds of
the Tomb Guards at the Tomb of the Unknown Soldier in
For May 13 marks the anniversary date of the first burial
of a Civil War soldier near the rose garden, lovingly cared for by the former
inhabitants of
Mary Ann Randolph Custis and her husband, Robert E.
Lee. Private William Henry Christman of
the 67th
A week from today at 11:00 a.m., the President or
Vice-President will present a wreath on behalf of all Americans at the Tomb of
the Unknown Soldier. Some of our cable
TV networks will be carrying the event live.
What will you be doing a week
from today? Will you attend one of the
numerous Memorial Day parades in our County?
Better yet, will you be participating in one of these parades? What will you think as the Flag of our
Country passes in review? What will you
be feeling? Like most Americans, you
probably won’t have any big plans. Maybe
you’ll be having a picnic, grilling on the back porch, just laying low or
eating leftovers and enjoying a day off.
This ‘day off’ however, came at a great price. Whatever you do on Monday, let us be thankful
for those who made it possible to do so in peace.”
Representatives were present from
the following departments and agencies to answer questions regarding their 2010
Annual Reports:
Legislator Ungermann questioned the
Legislator Ungermann commented on
the goals of the Industrial Development Agency to improve economic conditions by
attempting to attract, retain, and expand businesses through provision of
financial incentives to private entities, and asked IDA Director John Foels if
having Houghton College, Office for the Aging, and the Veterans’ Service Agency
there at Crossroads generated any sales tax revenue or real property tax. Mr. Foels stated that it did not; it was a refinancing
of an existing bond done five years ago.
Due to favorable interest rates, Houghton decided to refinance for the
second time. The original bond was done
prior to Mr. Foels’ tenure.
Mr. Ungermann asked if there were any
projects worked on last year that expanded real property taxes or sales tax
revenue. Mr. Foels responded that there
were not, but explained the reason. Over
the course of the last six years, as we expanded the footprint of the Empire Zone
Program into places like Wellsville, Alfred, and Swain, the basis of that
program trumped the benefits of the IDA, which also benefits the County. Companies that located in the Empire Zone
paid their full property taxes and were not abated, but were provided tax
credits by
Mr. Ungermann asked how much is
invested by businesses that are not involved with the Empire Zone or IDA. Mr. Foels replied that it was probably much
more. There are hundreds of companies in
Chairman Crandall reminded
Legislators to contact Department Heads for more detailed information relating
to their Annual Reports.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. June
2011 Calendar of Board and Standing Committee meeting dates.
2. Report
of Intrafund Transfers approved by the
3. Report of Tax Bill Corrections approved
by the
The
following communications were also acknowledged:
1. The
County Treasurer filed Certificates of Withdrawal of Delinquent Tax Liens in
the Clerk of the Board’s Office for properties in the Town of
2. Notice of the next Fire Advisory Board meeting to be held on Thursday, May 26, at 8 p.m. in Room 122 at the Public Safety Facility.
3. Invitation
from
APPOINTMENTS:
Chairman Crandall has
appointed Joy B. Woodruff of Bolivar, NY, to serve as a member of the ALLEGANY
COUNTY PLANNING BOARD, to fill a vacant unexpired three-year term,
effective immediately and expiring December 31, 2012, subject to confirmation
by the Board of Legislators.
RESOLUTIONS:
RESOLUTION
NO. 76-11
RESOLUTION SETTING DATE OF
PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING THE APPROPRIATION OF $2,500,000
FROM
THE SOLID WASTE REPAIR RESERVE
FUND FOR EXPENSES RELATED TO
PHASE II AND PHASE III OF THE
Offered by:
Public Works and Ways and Means Committees
WHEREAS, it will be necessary to set a date for a public hearing
for the purpose of considering an appropriation of $2,500,000 from the Solid
Waste Repair Reserve Fund for closure expenses related to the Allegany County
Landfill, with $1,600,000 of such total amount proposed to be appropriated to
an account designated Landfill Closure Phase II and $900,000 of such total
amount proposed to be appropriated to an account designated Landfill Closure Phase
III, now, therefore, be it
RESOLVED:
1. That a public hearing shall be held on
June 13, 2011, at 2:00 p.m. in the County Legislators' Chambers, Room 221, 7
Court Street, County Office Building, Belmont, New York 14813, before the
Allegany County Board of Legislators, for the purpose of considering the
appropriation of $2,500,000 from the Solid Waste Repair Reserve Fund to
accounts established for Phase II and Phase III of the Allegany County Landfill
closure process.
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. Fanton Adopted: Voice Vote
Seconded by: Mr. Pullen
RESOLUTION
NO. 77-11
Offered by:
Ways and Means Committee
WHEREAS, a check in the amount of $225, representing the cost to replace
a cracked windshield discovered on April 12, 2011, on a County vehicle, has
been offered by NYMIR in settlement for such property damage, and
WHEREAS, a check in the amount of $459.80, representing the cost to
repair a 2009 Dodge Caravan which sustained damages when the car struck a dog,
less a $200 deductible, has been offered by NYMIR in settlement of such damage,
now, therefore, be it
RESOLVED:
1. That the amount of $225 from NYMIR
representing the cost to replace a cracked windshield on a County vehicle and
the amount of $459.80 representing the cost to repair damages to a 2009 Dodge
Caravan, less a $200 deductible, are accepted.
2. That the total sum of $684.80 is
appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property
Loss) with a like sum credited to Revenue Account No. CS07.2680.00
(Risk Retention – Insurance Recovery).
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 0 Noes, 1 Absent
(Memo:
Regarding Resolution No. 77-11, the vehicle with the windshield damage
is a 2007 Ford Focus assigned to the Health Department, and the 2009 Dodge
Caravan involved in the April 8, 2011, dog accident is assigned to the Office
for the Aging for Meals-on-Wheels.)
RESOLUTION
NO. 78-11
REAPPOINTMENT OF ONE MEMBER TO
Offered by:
Human Services Committee
Pursuant to Public Health Law §§ 343 and 344
RESOLVED:
1. That Timothy LaFever
is reappointed to the
Moved by: Mr. Burdick Adopted: Voice Vote
Seconded by: Mr. Sinclair
RESOLUTION
NO. 79-11
APPROVING
SUPPLEMENTAL AGREEMENT #5 BETWEEN
TO DESIGN PHASE
AND RIGHT-OF-WAY ACQUISITION FOR THE PROJECT
Offered by:
Public Works and Ways and Means Committees
WHEREAS, by Resolution No. 73-2006 this Board approved funding for
the replacement of BIN 3047780, County Route 20 over North Branch Van Campen Creek, Town of Friendship, Allegany County, PIN
6753.98 (the Project), and
WHEREAS, it is
necessary to approve Supplemental Agreement #5 to move funding from the
Construction Phase to increase the amount of the Design Phase and Right-of-Way
Acquisition funding for the Project, now, therefore, be it
RESOLVED:
1. That Supplemental Agreement #5 between
the
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 14
Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 79-11
included the following: Legislator
Ungermann questioned why funds were being moved from the Construction Phase to
the Design and Right-of-Way Phase when the Design and Right-of-Way Phase would
have occurred first. Legislator Fanton explained
that after the project was underway, they discovered they needed more property,
and there were funds in construction that they could transfer. This action doesn’t change the cost of the project.
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 Healy and adopted on a roll call
vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $3,573,612.96,
including prepaid expenses, be approved for payment as recommended by the County
Administrator (opposed: Ungermann). (
GENERAL COMMENTS:
Legislator Ungermann commented
on a newspaper article regarding a proposal to broaden the powers of the Clean Water
Act. This will further erode personal
rights to protect property and municipalities’ rights to protect infrastructure. Mr. Ungermann suggested passing resolutions in
opposition, as we did on the
Mr. Pullen commented on
the “Swingin’ with the Oldies” fundraiser sponsored
by the Allegany Senior Foundation on Saturday evening. There were over 250 people in
attendance. It was a good time, but the real
goal was to raise revenue to help sponsor Office for the Aging programs. He thanked all those who participated.
ADJOURNMENT: The meeting was adjourned at 2:40 p.m. on a motion made by Legislator Graves,
seconded by Legislator Ungermann and carried.