ALLEGANY
REGULAR SESSION
JANUARY 9, 2012
** 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 Erin Harvey.
INVOCATION: The
Invocation was given by Legislator
ROLL
CALL: 15 Legislators Present: Glenn Benson,
APPROVAL OF
MINUTES:
The Board meeting minutes of December
27, 2011, were approved on a motion made by Legislator Curran, seconded by
Legislator Sinclair and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a certificate
to Erin Harvey, former United States Air Force Sergeant, in grateful
appreciation of her service to our Country.
Ms. Harvey’s service dates were from June 1996 to June 1998. Following Basic Training at Lackland AFB, TX, she was assigned to Minot AFB, ND,
working in a regional Veterans’ Hospital for Quality Assurance. Commendations she received included: Good Conduct Medal, Air Force Achievement
Medal, and M-16 Qualification. Ms.
Harvey led the Pledge of Allegiance to the Flag at the beginning of the meeting
as part of the Veterans’ Honorary Pledge of Allegiance Program.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
The
following communications were acknowledged:
1. The County Treasurer filed a Certificate of
Withdrawal of Delinquent Tax Lien, pursuant to Article 11 of the Real Property
Tax Law, for property in the Town of
2. Correspondence from Secretary to the
Governor and Mandate Relief Redesign Team Chair Lawrence S. Schwartz regarding
mandate relief.
3. Correspondence from Comprehensive Plan
Implementation Group Chairman Edward W. Eicher updating the Board on the work
of the Group.
4. The Budget Committee meeting originally
scheduled for Wednesday, January 18, has been cancelled, and the Ways &
Means Committee will now meet at 1 p.m.
5. All of the meetings that would normally
be held the first Wednesday of the month on February 1 will be moved to
Thursday, February 2.
6. Correspondence from New York State
Chief Administrative Judge A. Gail Prudenti
congratulating the Board on the completion of the renovations and construction
of the new addition to the Courthouse.
7. NYSAC Report on State Programs funded
by
8. CD prepared by County Historian Craig Braack containing pictures from Friday’s Courthouse Open House and Ribbon Cutting Ceremony.
RESOLUTIONS:
RESOLUTION
NO. 3-12
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 January 1, 2012, and ending December 31, 2012, is
approved.
Moved by: Mr. O’Grady Adopted: Voice Vote
Seconded by: Mr. LaForge
RESOLUTION
NO. 4-12
REAPPOINTMENT OF THREE 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 William Emrick of Scio, New York, Nancy Rouse of Scio,
New York, and Robert Riber of Alfred Station, New
York, to the Citizens Advisory Council to the Office for the Aging, with term
of office for each commencing January 1, 2012, and expiring December 31, 2014,
are confirmed.
Moved by: Mr. Burdick Adopted: Voice Vote
Seconded by: Mr. Pullen
RESOLUTION
NO. 5-12
REAPPOINTMENT OF THREE MEMBERS TO
ALLEGANY
Offered by:
Human Services Committee
RESOLVED:
1. That Kathy Bentley of
Moved by: Mr. Burdick Adopted: Voice Vote
Seconded by: Mr. Fanton
RESOLUTION
NO. 6-12
REAPPOINTMENT OF FIVE INCUMBENT MEMBERS TO
Offered by: Public Safety Committee
Pursuant to Local Law
No. 2 of 1972
RESOLVED:
1. That
Charles Stout, Gary Fries, David Roeske, Jimmy Joyce, and Shawn Whitney are
reappointed to the County Traffic Safety Board, with term of office for each to
commence January 1, 2012, and expire December 31, 2014.
Moved by: Mr. Healy Adopted: Voice Vote
Seconded by: Mr. Curran
RESOLUTION
NO. 7-12
APPOINTMENT OF MEMBERS TO
Offered by:
Public Safety Committee
Pursuant to
RESOLVED:
1. That each of the following persons is
appointed to the Allegany County Fire Advisory Board, with term of office for
each to commence January 1, 2012, and expire December 31, 2012:
Richard
Hoffman, Jr. Alfred
Judson
Stearns, Jr. Alfred
Station
Robert
Prior
Bryan
Snyder Almond
Brian Ennis
Richard
Sortore Angelica
David
Jennings
Terry
Richardson Bolivar
Donald Van
Skiver Canaseraga
Robert
Lester
Gerald Gayford Fillmore
Carl Greene Friendship
David Vogel,
Sr. New
Dan
Metcalf Rushford
Tim
Voss Short
Tract
David Sweet Wellsville
Larry
Erdmann Whitesville
LeRoy Ives Willing
Alan Mills Wiscoy-Rossburg
Moved by: Mr. Healy Adopted: Voice Vote
Seconded by: Mr. Burdick
RESOLUTION
NO. 8-12
ACCEPTANCE AND
APPROPRIATION OF
LOCAL GOVERNMENT
RECORD MANAGEMENT IMPROVEMENT GRANT FUNDING
Offered by:
Ways and Means Committee
WHEREAS,
RESOLVED:
1. That the sum of $26,586 from the New
York State Archives Local Government Record Management Improvement Fund Grant
is accepted.
2. That the sum of $26,586 is appropriated
to Account No. A1620.210 (Buildings – Equipment) with $13,293 budgeted to
Revenue Account No. A10.3060.00 (State Aid – Records
Management) and the remaining $13,293 being appropriated from Account No.
A15.599.00 (Appropriated Fund Balance).
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
(Memo:
The grant accepted in Resolution No. 8-12 was awarded to outfit the
interior of the new record storage building with shelving, ladders, and
boxes.
RESOLUTION
NO. 9-12
APPROVAL OF AGREEMENT WITH
ASSOCIATION FOR THE BLIND AND VISUALLY HANDICAPPED, INC.,
IN RELATION TO THE RENDERING OF SERVICE, TRAINING, OR AID
TO INDIGENT BLIND IN
Offered by:
Human Services Committee
Pursuant to
RESOLVED:
1. That
the Agreement in the amount of $7,500 between the County of Allegany and
Allegany County Association for the Blind and Visually Handicapped, Inc., in
relation to the rendering of service, training, or aid to indigent blind in
Allegany County during 2012, is approved.
2. That the Chairman of this Board is
authorized to execute said Agreement in triplicate.
Moved by: Mr. Burdick Adopted: Roll Call
Seconded by: Mr. LaForge 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 10-12
APPROVAL OF AGREEMENT WITH
Offered by:
Planning and Economic Development Committee
RESOLVED:
1. That the Agreement between the
2. That the Chairman of this Board is
authorized to execute such Agreement.
3. That the County Treasurer, upon receipt
of a true copy of said Agreement, is authorized and directed to remit to said
Society the sum of $8,000 and charge Account No. A8752.4
therefor.
Moved by: Mr. Sinclair Adopted: Roll Call
Seconded by: Mr. Pullen 13
Ayes, 2 Noes, 0 Absent
Voting
No: O’Grady, Ungermann
RESOLUTION
NO. 11-12
APPROVAL
OF AGREEMENT WITH VOLUNTEER FIREMEN'S ASSOCIATION OF ALLEGANY COUNTY, INC., FOR
PAYMENT OF 2012 BUDGETARY APPROPRIATION
Offered by:
Public Safety Committee
Pursuant to
RESOLVED:
1. That the Chairman of this Board is
hereby authorized to execute an agreement between the County of Allegany and
the Volunteer Firemen's Association of Allegany County, Inc. that shall
provide, in substance: (a) that the
County of Allegany will disburse in
advance to said Association the sum of $2,000 to be used by said Association
for the payment of expenses which it might incur during 2012 in providing fire
training schools for training firefighters; (b) that said Association will
render a verified account of such expenses on or before December 31, 2012, with
verified or certified vouchers therefor attached; and (c) that any unused
amount will be refunded to the County of Allegany.
2. That the
3. That the Treasurer of said Association
shall not be required to furnish a bond.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Burdick 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 12-12
APPROVAL OF MEMORANDUM OF
AGREEMENT WITH
CORNELL COOPERATIVE EXTENSION
ASSOCIATION OF
AUTHORIZING CHAIRMAN TO
EXECUTE MEMORANDUM OF AGREEMENT;
AUTHORIZING
IN RELATION TO THE 2012
BUDGETARY APPROPRIATION FOR
THE WORK OF SUCH ASSOCIATION
Offered by:
Planning and Economic Development Committee
Pursuant to
RESOLVED:
1. That Memorandum of Agreement between
the
2. That the County Treasurer is authorized
and directed to pay one-half of the sum provided in the 2012 County Final
Budget for such Association in advance on the first day of each half of the
year beginning January 2012, to be used by such Association pursuant to the
terms and conditions of such Agreement; such payments to be made to the duly
bonded Treasurer of such Association.
Moved by: Mr. Sinclair Adopted: Roll Call
Seconded by: Mr. Hopkins 12
Ayes, 3 Noes, 0 Absent
Voting
No: Cady, O’Grady, Ungermann
Comments made
regarding Resolution No. 12-12 included the following:
Legislator Ungermann noted that this is one of
173 programs
Legislator Pullen
stated that he understands and agrees with much of what Mr. Ungermann
said. What happened in
Legislator Sinclair commented that when we
bring up the idea of non-mandated programs and saying maybe we should be cutting
them, we have to look at all the facets of those programs, not only in cost,
but also their benefit to the community.
As an example, seven of the thirteen positions that are sponsored under
Cornell Cooperative Extension are dedicated to one of our nutrition
programs: Women, Infants, and Children
(WIC). There is a commitment and
investment in those positions, but by having that program, we bring over $1
million in aid to these recipients into the County that is then spent in local
businesses. When you’re looking at just
cutting, you have to consider that you might also be undermining revenues and
programs that are part of the overall economic engines that keep our economy
going. Mr. Sinclair stated that he
supports Cornell Cooperative Extension.
They have a tremendous impact on our agricultural community. In the future, small farms and small markets
that are being developed for agricultural products are going to be very
important to the economic security and the use of our land here in the
County. It’s a good investment.
Legislator Cady asked if there were other
grants besides the one Mr. Sinclair mentioned.
Mr. Sinclair noted that there are other positions in other programs and
other departments that Cornell Cooperative Extension is involved in.
Legislator O’Grady pointed out that the
economic engine referred to by Mr. Sinclair is still all done with tax dollars,
whether federal or local. To use tax
dollars as an economic engine isn’t an economic engine; it’s just tax dollars
being deferred to other places.
RESOLUTION
NO. 13-12
APPROVAL OF AGREEMENT WITH THE
DIVISION OF CRIMINAL JUSTICE SERVICES, OFFICE OF
PROBATION AND CORRECTIONAL ALTERNATIVES, PROVIDING FOR THE PAYMENT OF A FEE TO
REQUIRING AN IGNITION INTERLOCK DEVICE ON THEIR VEHICLE
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That the agreement between the New York
State Division of Criminal Justice Services, Office of Probation and
Correctional Alternatives, (GTSC Ignition Interlock Device Monitoring Program),
providing for the payment of a fee to Allegany County of $114 for each
Probation Department client with a discharge sentence that includes an Ignition
Interlock condition, up to a maximum amount of $10,319, is approved.
2. That funds received under the agreement
shall be appropriated to Account A3140.101 (Probation-Personnel) with a like
amount credited to Revenue Account No. A10.3310.07.
3. That the Chairman of this Board is
authorized to execute such agreement.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Hopkins 15
Ayes, 0 Noes, 0 Absent
Comments made
regarding Resolution No. 13-12 included the following:
In response to a
question, Probation Director Robert Starks noted that there are less than 20 of
the Ignition Interlock Devices installed in the County.
AUDITS:
A motion was made by
Legislator Hopkins, seconded by Legislator Fanton and carried, that the audits
be acted upon collectively and by totals.
A motion was made by
Legislator Hopkins, seconded by Legislator LaForge and adopted on a roll call
vote of 14 Ayes, 1 No, 0 Absent, that the audit of claims, totaling $3,064,749.12,
including prepaid expenses, be approved for payment as recommended by the
County Administrator (opposed:
Ungermann). (
Legislator
Legislator
Ungermann referred to the expense for bus transportation included in the audit,
and he asked if that’s money we’re spending on something that’s supposed to be
100 percent state and federally funded.
He noted that the bus transportation is also a non-mandated
program.
GENERAL
COMMENTS:
Legislator Pullen urged
all Legislators to obtain and study two reports released over the holidays, one
outlines the final recommendations of the Medicaid Redesign Team, and the other
is the final report of the Mandate Relief Redesign Team. The mandate relief report includes a summary
of what the team accomplished and many pages of proposals made by various state
and local groups such as towns, villages, schools, and NYSAC, 90 percent of
which the team didn’t address. Mr.
Pullen estimated that the team made recommendations for only about $300 million
in relief out of over $11 billion in local money that is mandated to local
governments. The job wasn’t completed
and now it’s being sent to another task force.
The Medicaid Redesign Team made the recommendation that we can’t
continue having Medicaid funded significantly by local governments. We’re the only state in the country that does
that, and it’s not sustainable. We were
promised when the state passed the Tax Cap that mandate relief and Medicaid
relief would follow. There is a lot more
to do, and Mr. Pullen urged Legislators to be informed and stay on top of this.
Legislator Ungermann
distributed copies of an article on the burden of unwanted emails and also
commented on the volume of unnecessary regular mail received by the
Legislators. Discussion followed on who
should be filtering it, and Chairman Crandall noted that the Clerk of the Board
was asked to have the Legislators’ names removed from a particular mailing list.
Legislator Cady
remarked on another aspect of Medicaid.
He noted that it’s common knowledge that high medical rates in the state
are based on what doctors and hospitals glean from Medicaid. Other people can’t compete with that, and it
raises the rates to have so much government support for it.
ADJOURNMENT: The
meeting was adjourned at 2:40 p.m. on a motion made by Legislator Fanton,
seconded by Legislator O’Grady and carried.