ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION FEBRUARY 27, 2017

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1 ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION FEBRUARY 27, 2017 CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:12 p.m. by Chairman Curtis W. Crandall. PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Marine Corps Corporal Gregory D. Bock. INVOCATION: The Invocation was given by Legislator Pullen. ROLL CALL: 13 Legislators Present: Scott Burt, Curtis Crandall, Philip Curran, David Decker, Karl Graves, Dwight Mike Healy, Judith Hopkins, Charles Jessup, Kevin LaForge, Aaron McGraw, Timothy O Grady, David Pullen, Debra Root, Absent: Dwight Fanton, Norman Ungermann, Jr. APPROVAL OF MINUTES: The Board meeting minutes of February 13, 2017, were approved on a motion made by Legislator Graves, seconded by Legislator Root, and carried. PRIVILEGE OF THE FLOOR: Chairman Crandall presented a certificate to Gregory D. Bock, former United States Marine Corps Corporal, in grateful appreciation of his service to our country. Mr. Bock s service dates were from February 26, 2013, to February 25, Following Basic Training at Parris Island, assignments included: Camp Pendleton, Kuwait, and Iraq. Commendations he received included: Marine Corps Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Sea Service Deployment Ribbon, Expert Rifle Qualification Badge (4), and Sharpshooter Pistol Qualification Badge. He also received a letter of appreciation for work he did for a local school while stationed in California. Mr. Bock led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans Honorary Pledge of Allegiance Program. Allegany County Farm Bureau President Darleen Krisher-Meehan spoke about some recent accomplishments of the Allegany County Farm Bureau. She said, Recently our county Farm Bureau was honored to be one of four counties in New York State to receive the Gold Key Award from the New York State Farm Bureau office. The New York Farm Bureau recognition and awards program is designed to recognize county farm bureaus for attaining outstanding achievements by involving leaders and members in programs serving agriculture. These awards give recognition for the importance of Farm Bureau membership growth and achievements in other program areas, with emphasis on building strong county programs. The program areas are: Membership, Agriculture Education & Promotion, County Financial Management, Information & Public Relations, Leadership Development, Policy Development

2 Page 2 of 12 and Implementation on a local level, Policy Development and Implementation on a national level, and the Young Farmers & Rancher Program. Judging of entries in this program was based on the awards criteria and activities of our County Farm Bureau. So for every member we sign up, every educational event we host, for all of the leadership meetings we attend, for every opportunity we have to work with our County Legislators and State Senators, all of the policy developments we work on with members all of these things add up to a potential Gold Key for us. The award is great and we were honored to receive it but honestly we do all of these above things because of our love for agriculture and we strive to keep it going strong in Allegany County. She said that the Allegany County Farm Bureau meets every month at 6:30 p.m. Meetings are usually held at the Soil & Water Conservation District building. She encouraged people to attend. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. March 2017 Calendar Allegany County Directory of County, Town, and Village Contacts Annual Reports for Review: County Attorney, County Clerk, Probation, Public Works, and Cooperative Extension. 4. Allegany County Association for the Blind Financial Reports. 5. Allegany County Agricultural Society Financial Reports. 6. Allegany County plans to host the next InterCounty Association meeting at Alfred State College on March 17. Please let Clerk of the Board Riehle know if you plan to attend, and whether or not you can supply a door prize for the event. 7. There will be a special Public Works Committee meeting on Monday, March 13, at 12:45 p.m. to award a bridge project. APPOINTMENTS: Chairman Curtis Crandall appointed Rob Chamberlain of Belfast, New York, as the Landowner Representative Member of the REGION 9 FISH & WILDLIFE MANAGEMENT BOARD, for a term of two years, commencing immediately and expiring December 31, 2018, subject to confirmation by the Board of Legislators. Chairman Curtis Crandall appointed Scott Allsworth of Scio, New York, as the Alternate Landowner Representative Member of the REGION 9 FISH & WILDLIFE MANAGEMENT BOARD, for a term of two years, commencing immediately and expiring December 31, 2018, subject to confirmation by the Board of Legislators.

3 Page 3 of 12 RESOLUTIONS: RESOLUTION NO REQUESTING STATE LEGISLATIVE REPRESENTATIVES TO INTRODUCE AND SEEK PASSAGE OF LEGISLATION AUTHORIZING ALLEGANY COUNTY TO CONTINUE THE ADDITIONAL ONE AND ONE-HALF PERCENT COUNTY SALES TAX FOR FOUR YEARS Offered by: Ways & Means Committee WHEREAS, the only two substantial sources of tax revenue available to Allegany County are real property and sales, and WHEREAS, Allegany County is at its sales tax limit, and WHEREAS, by Chapter 174 of the 2015 Laws of the State of New York, the County of Allegany was authorized to impose an additional one and one-half percent sales tax for the period December 1, 2015, to November 30, 2017, and WHEREAS, by Resolution No , such additional sales tax was imposed for such period, and WHEREAS, Allegany County is presently at percent of its constitutional taxing limit for real estate taxes, and WHEREAS, Allegany County will be at 100 percent of such constitutional taxing limit if such additional sales tax is not reauthorized, and WHEREAS, Allegany County has had no substantial growth in real estate assessed valuation in the past five years, and WHEREAS, in Allegany County s current economic situation and in order to preserve essential services, any substantial increase in real estate taxes would put in financial jeopardy the County's large percentage of senior citizens with fixed incomes who would have no choice but to pay such taxes out of such fixed incomes, now, therefore, be it 1. That the Allegany County Board of Legislators requests our State legislative representatives to introduce and seek passage, in the State Senate and Assembly, legislation to authorize Allegany County to continue the additional County sales tax of one and one-half percent for at least the period December 1, 2017, to November 30, 2021.

4 Page 4 of That the Clerk of this Board is directed to send copies of this resolution to Senator Catharine M. Young and Assembly member Joseph M. Giglio. Moved by: Mr. Jessup Seconded by: Mrs. Root 10 Ayes, 3 Noes, 2 Absent Voting No: Burt, Decker, Graves Comments made regarding Resolution No included: Chairman Crandall stated that in regards to an article that had been written by Legislator Graves about sales tax, he wanted to clarify the issue from a procedural standpoint. He said that if Mr. Graves had questions regarding the process, maybe others do as well. This resolution is the first of three steps that must be taken in order to seek an extension of the one and one-half percent additional sales tax rate. It must be dealt with every two years. Counties across New York State have been pushing to have this be something that could be taken care of at the local level so State approval isn t necessary. They ve also looked at extending the authorization to four years rather than two. Addressing this first step today puts us in the same timeframe that we ve handled this in the past. When we sought extension two years ago we began the process in February. The reason we must begin the process now is because the State Legislative session ends in June. We need to get approval from them so we can finish the remainder of the process before the end of the year. This resolution asks our representatives to sponsor legislation. Once it comes back to us, we will need to pass a resolution amending Resolution No He remarked that all of the Legislators, with the exception of Mrs. Hopkins, had been through the process before. He hoped that this explained the timeline for the process. Legislator Graves apologized for any misunderstanding and then remarked that it is an election year and this is something that every citizen is concerned about. Chairman Crandall stated that he thought it was a good time to clarify the process for everyone. In 2015, the additional sales tax rate had a fiscal impact of $6.71 million. It s been reduced since then for various reasons but probably in part because of the reduced fuel prices. Legislator Decker stated that when this was brought up in committee, he said he would like to see this reduced so it would be closer to the rate of our surrounding counties. He would also like to see the Budget cut. He said that he was going to vote no because we need to continue to look at ways we can cut the Budget. There is only a very small portion of the Budget that we can cut. We need to continue to work with the State and NYSAC for mandate relief. When we re locked into nearly seventy percent of the Budget being mandates, our hands are half-tied before we even start the Budget process. Legislator LaForge remarked that they need to press New York State on the issue of internet based sales tax. Legislator O Grady stated, If you voted for the Budget, you voted for this. If you don t support this, it hurts the Budget. He remarked that although we have reduced the tax rate, we haven t reduced spending since he s been a Legislator. Every program has merits, but they all require money to operate. We ve been hit with layoffs, manufacturing closings, Walmart isn t going to come we are experiencing hard times. We really need to look at what we re spending money on. Legislator Graves stated, A bird sitting in a tree is never afraid of the branch breaking for its trust is not on the branch but on its own wings. We need to believe in ourselves and our ability to do better. We owe it to our constituents. We owe it to ourselves. I realize we cannot operate this government without the sales tax revenue this measure is intended to bring in. I don t think I m asking for the impossible. If handled right, property taxes would not

5 Page 5 of 12 be affected. All I ask is that we try to do without a small portion of it. I d like to see us headed in the right direction. I d like to see, at the very least, that we have parity with our neighboring counties. For that reason, I cannot support this measure in its present form. Legislator Burt reminded the Board that he had proposed reducing the rate two years ago, but the proposal was shot down. He noted that the Legislators had discussed this during their caucus today and he s not the only one who s tired of the lip service and agrees that this needs to be worked on. He said, I do want to remind folks we had the chance last time this was brought up Chairman Crandall reminded the Board that this resolution is simply requesting our representatives to seek legislation. It s the first of three steps. Legislator Burt asked for a roll call vote. RESOLUTION NO RESOLUTION SETTING DATE FOR PUBLIC HEARING ON MODIFICATION AND CONTINUATION OF AGRICULTURAL DISTRICT NUMBER FOUR WITHIN THE TOWNS OF ALFRED, ALMA, ANDOVER, BOLIVAR, GENESEE, INDEPENDENCE, WARD, AND WILLING Offered by: Resource Management Committee Pursuant to Agriculture and Markets Law Sections 303-a and 303-b WHEREAS, Agricultural District Number Four, being within the Towns of Alfred, Alma, Andover, Bolivar, Genesee, Independence, Ward, and Willing originally created as Agricultural District Number Six in the County of Allegany on August 7, 1977, and renamed Agricultural District Four on May 28, 2002, and modified and continued on February 25, 2008, by Resolution No ; and WHEREAS, the thirty-day notice of such eight-year review has been given with proposed modifications to said District to be submitted by February 15, 2017; and WHEREAS, there are presently 146 landowners enrolling 17, acres in the district, and WHEREAS, multiple landowners have requested the inclusion of approximately 2, acres of predominantly viable agricultural land within Agricultural District Number Four, and WHEREAS, the report of the Agricultural and Farmland Protection Board has been received recommending the inclusion of 2, acres for a total acreage of approximately 20, acres of predominantly viable agricultural land located within Agricultural District Number Four, in the Towns of Alfred, Alma, Andover, Bolivar, Genesee, Independence, Ward and Willing;

6 Page 6 of That a public hearing on the proposed modifications and continuation of Agricultural District Number Four shall be held by this Board at the County Legislators' Chambers, Room 221, County Office Building, Belmont, New York on March 27, 2017, at 2:00 p.m. 2. That the Clerk of the Board of Legislators is directed to provide proper notice of the public hearing by preparing such notice with the assistance of the County Attorney as provided for in Section 303-a subdivision 2(a) of the Agriculture and Markets Law and (a) publishing said notice in a newspaper having general circulation within the district; (b) publishing said notice on the home page of the County s website; and (c) mailing in accordance with Sections 303-a and 303-b of the Agriculture and Markets Law. Moved by: Mrs. Hopkins Seconded by: Mr. Curran Adopted: Voice Vote Comments made regarding Resolution No included: Legislator Decker asked if the review was being done because acreage was being added. County Attorney Tom Miner stated that the review has to be done every eight years whether or not acreage is added. Chairman Crandall noted that the review requires a public hearing. RESOLUTION NO CREATING ONE FULL-TIME POSITION OF COMMUNITY OUTREACH SPECIALIST AND ABOLISHING ONE PART-TIME POSITION OF COMMUNITY OUTREACH SPECIALIST IN THE HEALTH DEPARTMENT Offered by: Human Services Committee 1. That one position of Full-Time Community Outreach Specialist (AFSCME, Grade 4) is created in the Health Department. 2. That one position of Part-Time Community Outreach Specialist in the Health Department is hereby abolished. 3. This resolution shall take effect immediately. Moved by: Mr. LaForge Seconded by: Mr. Pullen Comments made regarding Resolution No included: Legislator Burt asked if this was going to save money. Public Health Director Lori Ballengee stated that when Cooperative Extension was handling this there were two part-time positions. When the County took over

7 Page 7 of 12 this program, they reduced it to one position hoping that the cost could be reduced. They have since realized that it needs to be a full-time position. The salary and fringe benefits are covered 100 percent by a New York State of Health Cancer Services Program infrastructure grant. RESOLUTION NO APPROVAL OF THE GRANT OF A TEMPORARY EASEMENT TO THE GUTCHESS LUMBER COMPANY TO CROSS OVER COUNTY LANDS IN THE TOWN OF CUBA Offered by: Public Works Committee WHEREAS, a request had been made by the Gutchess Lumber Company to go across lands owned by the County in the Town of Cuba in order to allow them access to adjacent lands for purposes of harvesting timber therefrom; and WHEREAS, it does not appear that the grant of a temporary easement across County lands for those purposes will negatively impact the County s use of such property; and WHEREAS, the lumber company has agreed to be responsible for any damages that might result from their crossing over County lands; and WHEREAS, the lumber company has also agreed to restore the County s property to the original condition prior to their use thereof; and WHEREAS, the grant of such easement is temporary and will end as of March 31, 2018, now therefore, be it 1. That the grant of a temporary easement to the Gutchess Lumber Company to go across County lands located in the Town of Cuba is hereby approved. 2. That the Chairman of this Board is authorized to sign the temporary easement together with any other document necessary for purposes of recording the easement. Moved by: Mr. McGraw Seconded by: Mr. Curran RESOLUTION NO BUDGET TRANSFER WITHIN OFFICE FOR THE AGING ACCOUNTS Offered by: Human Services Committee

8 Page 8 of That the sum of $3,000 shall be transferred from Account No. A (OFA EISEP Contractors) to Account No. A (OFA EISEP Equipment - Other) within Office for the Aging Accounts. Moved by: Mr. LaForge Seconded by: Mr. Curran RESOLUTION NO ACCEPTANCE OF INSURANCE PAYMENT FROM NATIONAL GENERAL AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS Offered by: Ways & Means Committee WHEREAS, a check in the amount of $430.80, representing a 50/50 settlement on the cost to repair a Health Department 2015 Ford Fusion (#6115) that was damaged in a motor vehicle accident on November 16, 2016, has been offered by National General in settlement for such damage, now, therefore, be it 1. That the sum of $ representing a 50/50 settlement on the cost to repair a Health Department 2015 Ford Fusion (#6115) that was damaged on November 16, 2016, is accepted. 2. That the sum of $ is placed in Account No. CS (Risk Retention - Uninsured Property Loss) with a like sum credited to Revenue Account No. CS (Insurance Recovery). Moved by: Mr. Jessup Seconded by: Mrs. Root 10 Ayes, 3 Noes, 2 Absent Comments made regarding Resolution No included: Legislator Burt remarked that this was the first time he d seen a 50/50 settlement. Clerk of the Board Riehle stated that it had been determined that the County was partially at fault for the accident. RESOLUTION NO ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS Offered by: Ways & Means Committee

9 Page 9 of 12 WHEREAS, a check in the amount of $1,997.91, representing the cost less a $500 deductible, to repair a DPW 2010 Ford F150 XL (#0957) that was damaged in a motor vehicle/deer accident on January 9, 2017, has been offered by NYMIR (New York Municipal Insurance Reciprocal) in settlement for such damage, now, therefore, be it 1. That the sum of $1, representing the settlement on a DPW 2010 Ford F150 XL (#0957) that was damaged on January 9, 2017, is accepted. 2. That the sum of $1, is placed in Account No. CS (Risk Retention - Uninsured Property Loss) with a like sum credited to Revenue Account No. CS (Insurance Recovery). Moved by: Mr. Jessup Seconded by: Hopkins RESOLUTION NO ACCEPTANCE OF COLA FUNDS FOR THE WIC PROGRAM; APPROPRIATION OF FUNDS Offered by: Human Services and Ways & Means Committees 1. The sum of $26,874 in COLA funds for the County Health Department WIC Program is accepted. 2. The sum of $26,874 shall be appropriated to the following accounts: Appropriation Accounts Amount A (Health Dept. Regular Pay) $ 9,000 A (WIC Repairs:Real Property) $ 2,500 A (WIC Advertising) $ 7,950 A (WIC Electricity) $ 1,150 A (WIC Natural Gas) $ 2,037 A (WIC Retirement) $ 1,483 A (WIC - FICA) $ 689 A (WIC Worker s Comp) $ 131 A (WIC Disability) $ 21 A (WIC Hosp/med Ins) $ 1,913 $26,874 with a like sum credited to Revenue Account No. A (Federal Aid WIC).

10 Page 10 of 12 Moved by: Mr. LaForge Seconded by: Mr. Curran RESOLUTION NO ACCEPTANCE AND APPROPRIATION OF FUNDS FROM ACCORD CORPORATION FOR THE ACT II BATTERERS PROGRAM Offered by: Public Safety and Ways & Means Committees 1. That the sum of $2, from ACCORD Corporation for the continuation of the ACT II Batterers Program is accepted. 2. That the sum of $2, is placed in Account No. A (ACT II Batterers Program Contractual Expenses) with a like sum credited to Revenue Account A (ACT II Batterers Program Public Safety Service for Other Govts.). Moved by: Mr. Curran Seconded by: Mr. Pullen RESOLUTION NO ACCEPTANCE OF FUNDS FROM THE FY2015 LOCAL EMERGENCY MANAGEMENT PERFORMANCE GRANT (LEMPG), CONTRACT #T Offered by: Public Safety and Ways & Means Committees 1. That the sum of $23,417 from the FY2015 Local Emergency Management Performance Grant (LEMPG), Contract #T838255, for the Office of Emergency Services, is accepted. 2. No budget adjustment is necessary as this grant is already budgeted for Moved by: Mr. Curran Seconded by: Mr. Healy

11 Page 11 of 12 RESOLUTION NO APPROVAL OF CONTRACT WITH AIM INDEPENDENT LIVING CENTER FOR CONSUMER DIRECTED CARE FOR HOME CARE AIDES FOR THE EISEP AND III-E GRANTS; AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT Offered by: Human Services Committee 1. That the AIM Independent Living Center contract for Consumer Directed Care for home care aides for the EISEP and III-E grants, for the Office for the Aging effective March 1, 2017, through December 31, 2017, is approved. 2. That the Chairman of this Board is authorized to execute said contract. Moved by: Mr. LaForge Seconded by: Mrs. Root AUDITS: A motion was made by Legislator Jessup, seconded by Legislator Curran, and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Jessup, seconded by Legislator Root, and adopted on a roll call vote of 10 Ayes, 0 Noes, 2 Absent, that the audit of claims, totaling $3,840, including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $1,545,488.) COMMENTS: Legislator Healy stated that he wanted to make a comment about Resolution Intro. No (Resolution No ). He said there are two places to get tax revenue, sales tax and property tax. Although he agrees with many of the comments made earlier, he d rather concentrate on a property tax reduction. He noted that sales tax was already decided when the Budget was adopted. Legislator Burt remarked that people have a choice of whether or not to purchase something, but people also have a choice when it comes to purchasing property and the property tax that goes along with that. The third element is reducing the Budget. Legislator Graves reminded the group that the Annual Wellsville Lions Club Minstrel Show would be taking place on March 3 and 4.

12 Page 12 of 12 ADJOURNMENT: The meeting was adjourned at 3:06 p.m. on a motion made by Legislator Graves, seconded by Legislator Root, and carried.