ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION NOVEMBER 13, 2018

ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION NOVEMBER 13, 2018 CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:02 p.m. by Chairman Curtis W. Crandall. PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by United States Marine Corps Private David Newsome. INVOCATION: The Invocation was given by Legislator Philip G. Stockin. ROLL CALL: 15 Legislators Present: Gary Barnes, Janice Burdick, Curtis Crandall, Philip Curran, David Decker, William Dibble, Dwight Fanton, Karl Graves, Brooke Harris, Steven Havey, Dwight Mike Healy, Judith Hopkins, John Ricci, Debra Root, Philip Stockin APPROVAL OF MINUTES: The Board meeting minutes of October 22, 2018, were approved on a motion made by Legislator Dibble, seconded by Legislator Graves, and carried. The Committee of the Whole meeting minutes of October 24, 2018, were approved on a motion made by Legislator Root, seconded by Legislator Curran, and carried. The Committee of the Whole meeting minutes of November 7, 2018, were approved on a motion made by Legislator Stockin, seconded by Legislator Healy, and carried. PUBLIC HEARING: Chairman Crandall closed the regular meeting to hold a public hearing on a grant application developed in partnership with the Cattaraugus Community Action Agency and directed to the NYS Community Development Block Grant Program Housing Activities Program seeking a $600,000 grant to complete 30 or more owner-occupied home improvement projects. Comments from the public included the following: Casey Jones, Transformation Initiative Building Healthy Communities Through Healthy Families, Amity Mr. Jones stated that he would like to recognized that the two grant applications totaling $1 million are a step in the right direction. They propose providing housing assistance for around 60 homeowners. He said that it s better than the grant earlier this year when $1 million was spent on just 9 properties. He noted that he has suggested three times now that the County develop a comprehensive housing strategy. In the ACCORD

Page 2 of 14 application, it indicates that a housing conditions survey taken in August 2012, assessing 9,200 homes in the County, found 68.4 percent of them to be substandard. This would equate to nearly 6,300 homes. Mr. Jones doesn t believe that 9 mobile homes, 30 rehabs, and around 30 water and waste water installations is going to go very far in addressing the issue of blight in Allegany County. It would take over 100 years at this rate, and many improvements are only good for 10, 20, or 30 years. He stated it is similar to information he heard this morning regarding the proposed 2019 Budget. The County has $4 million which is being appropriated to the Fund Balance that could be used to reduce property taxes or sales tax rates in the County making us more economically competitive with neighboring counties. Mr. Jones stated that out of the proposed $1 million in grant applications, $180,000 is being used for administrative and program delivery costs. That money could be retained by the County and used for planning and community development. He added, even though housing is very important to County residents, he doesn t remember it being on the list of nearly 50 items the Board has been discussing during its Round Table meetings. Mr. Jones went on to say that having a more concentrated effort of community improvement would yield greater dividends. He urged the Board to move in the direction of developing a comprehensive housing plan. As there were no further comments, the public hearing was declared closed. Chairman Crandall opened a public hearing on a grant application developed in partnership with the Allegany County Community Opportunities & Rural Development (ACCORD) and directed to the NYS Community Development Block Grant Program Housing Activities Program seeking a $400,000 grant to complete 31 or more well water/septic system replacements. Other than the comments made previously by Mr. Casey Jones, no one came forward to speak. The public hearing was declared closed, and the Board reconvened in regular session. PRIVILEGE OF THE FLOOR: Chairman Crandall presented a certificate to David Newsome, United States Marine Corps Private, in grateful appreciation of his service to our country. Mr. Newsome enlisted on August 6, 2018. He attended Basic Training at Parris Island, SC, graduating on November 9, 2018. Mr. Newsome will be attending Advanced Individual Training at Camp Geiger, NC. He has received the National Defense Service Ribbon and Sharpshooter Badge. Mr. Newsome 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.: 1. Report of Intrafund Transfers Approved by the County Administrator in October 2. Report of Tax Bill Corrections Approved by the County Administrator in October

Page 3 of 14 3. Invitation to attend ACCORD s Community Forum to Address Housing and Homelessness on Thursday, November 15, from 5:00 to 7:00 p.m. at the Friendship Central School Auditorium 4. Notice of next Fire Advisory Board meeting on Thursday, November 15, at 7:00 p.m. at the Public Safety Building 5. Notice of next InterCounty Association meeting to be hosted by Allegany County at Alfred State College s Wellsville Campus Culinary Arts Facility in Wellsville on Friday, November 16 6. Invitation to attend the Hope Center s Opening and Ribbon Cutting Ceremony on November 16 7. Invitation to attend the Leadership Allegany Class of 2019 Basket Auction Fundraiser to Benefit Allegany County Cancer Services on Saturday, November 17, at the Wellsville VFW 8. Invitation to attend the Allegany County Cancer Services Harvest Dinner on Sunday, November 18, at the Wellsville American Legion 9. Invitation to attend the Annual Three Chamber Christmas Event on Tuesday, December 4, at Off Duty in Belmont APPOINTMENT: County Administrator Timothy T. Boyde appointed John J. DiPasquale, Jr. to serve as Deputy County Administrator effective November 13, 2018. RESOLUTIONS: RESOLUTION NO. 216-18 CREATING ONE FULL-TIME POSITION OF DEPUTY PERSONNEL OFFICER AND ABOLISHING ONE FULL-TIME POSITION OF HUMAN RESOURCES SPECIALIST IN THE HUMAN RESOURCE DEPARTMENT Offered by: Personnel Committee 1. That one full-time position of Deputy Personnel Officer (Non-Unit, Grade 7) is created in the Human Resource Department.

Page 4 of 14 2. That one full-time position of Human Resources Specialist (Non-Unit, Grade 7) in the Human Resource Department is hereby abolished. 3. This resolution shall take effect November 14, 2018. Moved by: Mr. Havey Seconded by: Mr. Harris RESOLUTION NO. 217-18 REAPPOINTMENT OF ELECTIONS COMMISSIONER Offered by: Personnel Committee Pursuant to Election Law 3-202, 3-204 WHEREAS, the Chairman of the Allegany County Democratic Committee has filed with the Clerk of this Board, a certificate in accordance with Election Law 3-204 that recommends the reappointment of Michael McCormick to the Office of Commissioner of Elections, and WHEREAS, the Personnel Committee has determined that Michael McCormick is qualified to hold such office, now, therefore, be it 1. That Michael McCormick is appointed Commissioner of Elections with term of office commencing January 1, 2019, and expiring December 31, 2022. Moved by: Mr. Havey Seconded by: Mr. Harris Adopted: Voice Vote RESOLUTION NO. 218-18 REAPPOINTMENT OF ONE MEMBER TO THE ALLEGANY COUNTY LAND BANK CORPORATION BOARD OF DIRECTORS Offered by: Planning & Economic Development Committee 1. That the reappointment by the Chairman of the Board of Brian Loucks to the Allegany County Land Bank Corporation Board of Directors, for a two-year term commencing immediately and expiring December 31, 2020, is confirmed.

Page 5 of 14 Moved by: Mrs. Root Seconded by: Mr. Ricci Adopted: Voice Vote RESOLUTION NO. 219-18 RESOLUTION AUTHORIZING ALLEGANY COUNTY TO PURSUE A GRANT APPLICATION SEEKING A $600,000 GRANT UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ACTIVITIES PROGRAM FOR OWNER OCCUPIED HOME IMPROVEMENT PROJECTS IN ALLEGANY COUNTY; AUTHORIZING CHAIRMAN TO SIGN DOCUMENTS WHEREAS, Cattaraugus Community Action agency has approached Allegany County to act as the lead agency on a grant application under the Community Development Block Grant (CDBG) Housing Activities Program, and WHEREAS, the application will seek a grant in the amount of $600,000 to complete thirty or more owner occupied improvement projects in Allegany County, and WHEREAS, eligible recipients will include the elderly, disabled, and veterans, and WHEREAS, there is no requirement that any County dollars be committed as a condition of receiving the grant, and WHEREAS, Cattaraugus Community Action intends to prepare the grant application and oversee administration of the grant, and WHEREAS, the program requires that a municipal corporation act as the lead agency and recipient of the grant funds, and WHEREAS, Allegany County is willing to serve as the lead agency, and WHEREAS, as part of the grant process a public hearing was conducted, now, therefore, be it 1. That Allegany County is authorized to pursue a grant application seeking a $600,000 grant under the CDBG Housing Activities Program. 2. That the Chairman of this Board is authorized to sign all documents necessary to apply for the grant.

Page 6 of 14 Seconded by: Mr. Fanton Comments made regarding Resolution No. 219-18: Legislator Harris thanked Mr. Jones for his comments made during the public hearing. He agrees with much of what Mr. Jones said but he is going to vote yes because he doesn t want to vote against a program for our veterans, elderly, or disabled residents. RESOLUTION NO. 220-18 RESOLUTION AUTHORIZING ALLEGANY COUNTY TO PURSUE A GRANT APPLICATION SEEKING A $400,000 GRANT UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ACTIVITIES PROGRAM FOR WELL WATER/SEPTIC SYSTEM REPLACEMENTS IN ALLEGANY COUNTY; AUTHORIZING CHAIRMAN TO SIGN DOCUMENTS WHEREAS, Allegany County Community Opportunities & Rural Development Corporation (ACCORD) has approached Allegany County to act as the lead agency on a grant application under the Community Development Block Grant (CDBG) Housing Activities Program, and WHEREAS, the application will seek a grant in the amount of $400,000 to complete thirty-one or more well water/septic system replacements in Allegany County, and WHEREAS, eligible recipients will include the elderly, disabled, and veterans, and WHEREAS, there is no requirement that any County dollars be committed as a condition of receiving the grant, and WHEREAS, ACCORD intends to prepare the grant application and oversee administration of the grant, and WHEREAS, the program requires that a municipal corporation act as the lead agency and recipient of the grant funds, and WHEREAS, Allegany County is willing to serve as the lead agency, and WHEREAS, as part of the grant process a public hearing was conducted, now, therefore, be it

Page 7 of 14 1. That Allegany County is authorized to pursue a grant application seeking a $400,000 grant under the CDBG Housing Activities Program. 2. That the Chairman of this Board is authorized to sign all documents necessary to apply for the grant. Seconded by: Mr. Fanton RESOLUTION NO. 221-18 APPROVAL OF APPORTIONMENT OF MORTGAGE TAX TO TAX DISTRICTS AND AUTHORIZING WARRANT THEREFOR Pursuant to Tax Law 261 (3) 1. That the Semi-Annual Report for the period April 1, 2018, through September 30, 2018, relating to Mortgage Tax Receipts and Disbursements, and the proposed distribution of such mortgage tax receipts therein, is approved as follows: TOWN AMOUNT OF TAX (4B) PAYABLE TO TOWN (5) PAYABLE TO VILLAGE (6) NAME OF VILLAGE Alfred 20,110.89 16,164.52 3,946.37 Alfred Allen 1,515.35 1,515.35 Alma 0.00 0.00 Almond 6,228.50 5,783.31 445.19 Almond Amity 5,106.98 4,318.91 788.07 Belmont Andover 4,657.48 3,910.00 747.48 Andover Angelica 4,291.80 3,576.51 715.29 Angelica Belfast 8,156.66 8,156.66 Birdsall 923.18 923.18 Bolivar 8,892.19 7,144.28 1,626.09 Bolivar 121.82 Richburg Burns 4,918.28 4,347.53 570.75 Canaseraga Caneadea 9,429.06 9,429.06 Centerville 1,633.30 1,633.30 Clarksville 3,668.21 3,668.21 Cuba 7,544.55 6,516.68 1,027.87 Cuba Friendship 3,127.58 3,127.58

Page 8 of 14 Genesee 9,092.46 9,092.46 Granger 3,037.75 3,037.75 Grove 2,717.24 2,717.24 Hume 10,003.76 10,003.76 Independence 4,583.10 4,583.10 New Hudson 2,153.28 2,153.28 Rushford 7,447.64 7,447.64 Scio 4,568.72 4,568.72 Ward 2,634.55 2,634.55 Wellsville 68,562.84 50,230.12 18,332.72 Wellsville West Almond 4,436.04 4,436.04 Willing 4,415.96 4,415.96 Wirt 3,078.79 2,865.79 213.00 Richburg TOTALS 216,936.14 188,401.49 28,534.65 2. That the Clerk of this Board is authorized and directed to execute a warrant of this Board to the County Treasurer directing her to distribute to the several tax districts in the County their respective share of such mortgage tax. Seconded by: Mr. Fanton RESOLUTION NO. 222-18 AUTHORIZING PAYMENT TO TOWNS AND VILLAGES FROM ADDITIONAL MORTGAGE TAX FEE RETAINAGE BY COUNTY CLERK; APPROPRIATING FUNDS THEREFOR WHEREAS, by Resolution No. 214-2004 the County Clerk was authorized pursuant to Section 262 of the Tax Law to request and receive reimbursement from the State of New York for all of his necessary expenses incurred in the administration of the Mortgage Tax Program on behalf of the State of New York, and WHEREAS, it was the intent of this Board in adopting such resolution that the Towns and Villages of the County would not suffer any adverse financial consequences as a result of any increased retained expense reimbursement to the County Clerk, and WHEREAS, the County Clerk has received reimbursement of his necessary expenses incurred in the administration of the Mortgage Tax Program, and

Page 9 of 14 WHEREAS, this Board wishes to appropriate part of such reimbursement of necessary expenses received by the County Clerk for the administration of the Mortgage Tax Program to the Towns and Villages of the County, now, therefore, be it 1. The amount of $25,129.52 is appropriated from Account No. A1410.432 (County Clerk Contractual) and shall be distributed to the Towns and Villages of the County as follows: TOWNS AMOUNT RETAINED BY COUNTY CLERK S OFFICE FOR MORTGAGE TAX FEE REBATE AMOUNT TO TOWN REBATE AMOUNT TO VILLAGE VILLAGES Alfred 2,329.61 1,872.47 457.14 Alfred Allen 175.54 175.54 Alma 0.00 0.00 Almond 721.50 669.93 51.57 Almond Amity 591.58 500.29 91.29 Belmont Andover 539.52 452.93 86.59 Andover Angelica 497.16 414.30 82.86 Angelica Belfast 944.85 944.85 Birdsall 106.94 106.94 Bolivar 1,030.06 849.82 167.68 Bolivar 12.56 Richburg Burns 569.72 503.61 66.11 Canaseraga Caneadea 1,092.25 1,092.25 Centerville 189.20 189.20 Clarksville 424.92 424.92 Cuba 873.95 754.88 119.07 Cuba Friendship 362.29 362.29 Genesee 1,053.25 1,053.25 Granger 351.89 351.89 Grove 314.76 314.76 Hume 1,158.82 1,158.82 Independence 530.90 530.90 New Hudson 249.43 249.43 Rushford 862.72 862.72 Scio 529.23 529.23 Ward 305.18 305.18 Wellsville 7,942.21 5,818.58 2,123.63 Wellsville West Almond 513.86 513.86

Page 10 of 14 Willing 511.54 511.54 Wirt 356.64 331.97 24.67 Richburg TOTALS 25,129.52 21,846.35 3,283.17 2. The Chairman of this Board, Allegany County Clerk, and Allegany County Treasurer are authorized to execute any and all vouchers, warrants, and other necessary documents of every nature and kind in order to affect the purpose of this resolution. Seconded by: Mr. Healy RESOLUTION NO. 223-18 A RESOLUTION LEVYING THE AMOUNT OF UNPAID SEWER AND WATER RENTS IN VARIOUS TOWN SEWER AND WATER DISTRICTS AGAINST THE VARIOUS REAL PROPERTIES LIABLE THEREFOR Pursuant to Article 14-F of the General Municipal Law and Town Law 198 WHEREAS, the Towns of Belfast, Bolivar, Caneadea, Friendship, Hume, Independence, Scio, and Wellsville have submitted to this Board of Legislators statements showing sewer and water rents unpaid by the persons or entities noted therein and the real property to be charged with such unpaid rents, and WHEREAS, pursuant to law this Board is required to levy such sums against the real property liable therefor, now, therefore, be it 1. That the unpaid sewer and water rents by the persons or entities noted in statements filed with this Board of Legislators by the respective Supervisors of the Towns of Belfast, Bolivar, Caneadea, Friendship, Hume, Independence, Scio, and Wellsville between September 24, 2018, and November 1, 2018, are levied against the real property noted in such statements and are to be placed on the tax rolls of such Towns in the manner provided by law. Seconded by: Mr. Fanton 14 Ayes, 1 No, 0 Absent Voting No: Harris

Page 11 of 14 RESOLUTION NO. 224-18 RELEVY OF RETURNED SCHOOL TAXES Pursuant to Real Property Tax Law 1330 1. That the amount of the unpaid returned school taxes of the several school districts of Allegany County with seven per centum of the amount of principal and interest in addition thereto, is relevied upon the real property upon which the same were imposed. 2. This resolution shall take effect on November 1, 2018. Seconded by: Mr. Healy RESOLUTION NO. 225-18 RELEVY OF RETURNED VILLAGE TAXES Pursuant to Local Law No. 4 of 1978 and Real Property Tax Law 1442 1. That the amount of the unpaid returned village taxes of each village of Allegany County which has complied with the provisions of Local Law No. 4 of 1978, together with seven per centum of the amount of principal and interest, is relevied upon the real property upon which the same were originally imposed by each such respective village. 2. This resolution shall take effect on November 1, 2018. Seconded by: Mr. Fanton RESOLUTION NO. 226-18 ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS

Page 12 of 14 WHEREAS, a check in the amount of $461, representing the cost less a $500 deductible, to repair an Office for the Aging 2012 Dodge Caravan (VIN#2C4RDGBG9CR296872) that was damaged in a motor vehicle accident on September 6, 2018, has been offered by NYMIR (New York Municipal Insurance Reciprocal) in settlement for such damage, now, therefore, be it 1. That the sum of $461 representing the settlement on an Office for the Aging 2012 Dodge Caravan (VIN#2C4RDGBG9CR296872) that was damaged on September 6, 2018, is accepted. 2. That the sum of $461 is placed in Account No. CS1931.429 (Risk Retention - Uninsured Property Loss) with a like sum credited to Revenue Account No. CS1930.2680.00 (Insurance Recovery). Seconded by: Mr. Fanton RESOLUTION NO. 227-18 TRANSFER OF FUNDS BETWEEN CAPITAL PROJECTS 1. That the sum of $123,590 shall be transferred from Account No. H7510.200 (Capital Project Records Storage Building) to Account No. H5633.200 (Capital Projects Jail Floor Renovation Project) for the completion of the renovations to the county office building. Seconded by: Mr. Healy RESOLUTION NO. 228-18 APPROVAL AND ADOPTION OF ALLEGANY COUNTY SEXUAL HARASSMENT POLICY Offered by: Personnel Committee

Page 13 of 14 WHEREAS, Allegany County is required to adopt a sexual harassment prevention policy pursuant to Section 201-g of the Labor Law, now, therefore, be it 1. That the Allegany County Sexual Harassment Policy as presented and approved at a meeting of the Personnel Committee of this Board held on October 17, 2018, is approved and adopted as the official policy of the County. 2. That said policy hereby updates and replaces the Allegany County Sexual Harassment Policy approved and adopted by Resolution 48-06 of this Board. 3. That the Clerk of this Board is directed to post a copy of the policy on the official county bulletin board. 4. That the Personnel Officer is directed to distribute the policy to all employees. 5. This resolution shall take effect immediately. Moved by: Mr. Havey Seconded by: Mr. Harris 14 Ayes, 1 No, 0 Absent Voting No: Barnes Comments made regarding Resolution No. 228-18: Legislator Harris stated that he s going to vote in favor of this not because he wants to, but because it needs to be adopted. The County has had a policy in place and employees have been protected by State and Federal laws for many years. This new policy is redundant. He said it s worth noting that the State guidelines lack protection for those who have been falsely or maliciously accused. The policy also does not include guidance for fraternization, or married employees dating fellow employees, etc. He also feels that annual mandated harassment training is excessive and a waste of taxpayer resources. Resolution Intro. No. 230-18, Resolution No. 229-18, (AMENDMENT OF RESOLUTION NO. 250-17 TO REFLECT AN INCREASE IN THE SALARY OF THE DEPUTY COUNTY ADMINISTRATOR) was not pre-filed and was considered from the floor on a motion made by Legislator Fanton, seconded by Legislator Decker, and carried by an affirmative voice vote of the requisite two-thirds of the Board membership. RESOLUTION NO. 229-18 AMENDMENT OF RESOLUTION NO. 250-17 TO REFLECT AN INCREASE IN THE SALARY OF THE DEPUTY COUNTY ADMINISTRATOR

Page 14 of 14 1. That paragraph 7. of Resolution No. 250-17 is amended to indicate that effective November 13, 2018, the base salary of the Deputy County Administrator shall be $72,500. Seconded by: Mr. Healy Comments made regarding Resolution No. 229-18: Legislator Graves asked what was going to happen with the Deputy County Administrator we currently have and wondered if there would be two positions. County Administrator Tim Boyde stated that Mr. Budinger s appointment as Deputy County Administrator has been revoked effective November 13, 2018; however, Mr. Budinger will be paid through the end of the year. AUDITS: A motion was made by Legislator Stockin, seconded by Legislator Healy, and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Root, seconded by Legislator Curran, and adopted on a roll call vote of, that the audit of claims, totaling $3,934,952.99 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 $8,259,987.) COMMENTS: Chairman Crandall announced there will be a Personnel Committee meeting following the Board meeting. ADJOURNMENT: The meeting was adjourned at 2:48 p.m. on a motion made by Legislator Graves, seconded by Legislator Dibble, and carried.