2004

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PROCEEDINGS OF THE BOARD OF LEGISLATORS OF ALLEGANY COUNTY NEW YORK 2004

Printed By The Reporter Company Printers & Publishers, Inc. Walton, N.Y.

C O N T E N T S Officers of the Board...................................III Legislators..............................................IV County Officials..........................................V Standing Committees.....................................VII Members of Boards and Agencies Serving in 2004.........VIII Session Minutes...........................................1 Certification for Printing Journal......................271 Annual Reports..........................................272 Mortgage Tax Apportionment Tables.......................348 Workers' Compensation Budget & Cost Apportionment.......350 Legislators' Compensation Table for 2004................352 Tax Tables..............................................353 Towns: Salaries of Officers...............................357 Summaries of Budgets...............................358 County Budget...........................................363 General Index...........................................427 Numerical Listing of Resolutions........................463

II

OFFICERS OF THE BOARD

JAMES G. PALMER, Chairman Alfred Station, New York JOHN E. MARGESON, County Administrator Scio, New York BRENDA A. RIGBY, Clerk Belmont, New York ADELE FINNEMORE, Journal Clerk & Deputy Clerk Scio, New York

III

ALLEGANY COUNTY BOARD OF LEGISLATORS FOR 2004 DISTRICT I Rodney K. Bennett................................Dalton, NY Curtis Crandall................................Caneadea, NY Kenneth Nielsen................................Houghton, NY DISTRICT II Edmund C. Burdick...........................Black Creek, NY Susan F. Myers...............................Friendship, NY Ronald B. Truax....................................Cuba, NY DISTRICT III William G. Dibble........................Little Genesee, NY Patrick Regan................................Wellsville, NY Edgar Sherman............................Little Genesee, NY DISTRICT IV James A. Graffrath...........................Wellsville, NY Daniel Russo.................................Wellsville, NY Robert Sobeck................................Wellsville, NY DISTRICT V Robert Heineman..................................Alfred, NY James G. Palmer..........................Alfred Station, NY Brent L. Reynolds........................Alfred Station, NY

IV

COUNTY OFFICIALS OF ALLEGANY COUNTY FOR 2004 Aging, Office for the, Director..........Kimberley Toot, Belmont, NY Board of Legislators, Chairman...James G. Palmer, Alfred Station, NY Board of Legislators, Clerk.............Brenda A. Rigby, Belmont, NY Community Services Agency Dir.....Robert W. Anderson, Wellsville, NY Coroners...........................L. Herbert Williams, Fillmore, ...........................Theodore E. Crowell, Wellsville, .....................................Rex A. McIntosh, Cuba, ................................David P. Schwert, Houghton,

NY NY NY NY

County Administrator...................John E. Margeson, Belmont, NY County Attorney........................Daniel J. Guiney, Belmont, NY 1st Assistant County Attorney.........Thomas A. Miner, Belmont, NY 2nd Assistant County Attorney.....Leslie J. Haggstrom, Belmont, NY County Clerk........................Robert L. Christman, Deputy County Clerk....................Linda K. Healy, Deputy County Clerk II..............Kristina K. Stoll, Deputy County Clerk III-DMV.......Michael D. Hennessy, County Court: Judges, Surrogate & Family Court ...................................James E. Euken, ..................................Thomas P. Brown, Chief Clerk, County & Supreme Courts ..............................Kathleen C. Johnson, Chief Clerk, Surrogate & Family Courts ...................................Carolyn Miller,

Belmont, Belmont, Belmont, Belmont,

NY NY NY NY

Belmont, NY Belmont, NY Belmont, NY Belmont, NY

County Historian........................Craig R. Braack, Belmont, NY County Treasurer..........................Terri L. Ross, Belmont, NY Deputy County Treasurer...............Joseph Budinger, Belmont, NY Development, Office of, Director..........John E. Foels, Belmont, NY District Attorney....................Terrence M. Parker, 1st Assistant District Attorney.........Keith A. Slep, 2nd Assistant District Attorney......Michael J. Regan, 3rd Assistant District Attorney......David E. Gilbert,

Belmont, Belmont, Belmont, Belmont,

NY NY NY NY

Elections Commissioners...................James Gallman, Belmont, NY .....................................Diane Martin, Belmont, NY Emergency Services Director..............John C. Tucker, Belmont, NY

V

Employment & Training Director............Jerry Garmong, Belmont, NY Fire Coordinator..........................Paul Gallmann, Belmont, NY Health Department Director............Gary W. Ogden, MD, Belmont, NY Human Resources & Civil Service, Personnel Officer...................Bernard J. Morris, Belmont, NY Industrial Development Agency (IDA), Dir..John E. Foels, Belmont, NY Information Technology Director.......Deborah M. Button, Belmont, NY Jurors, Commissioner of..................Lisa O’Connell, Belmont, NY Maintenance Supervisor.................Dennis L. Dunham, Belmont, NY Probation Director.......................David Sirianni, Belmont, NY Public Defender.........................Beth Farwell, Wellsville, NY Assistant Public Defender..............Barbara Kelley, Bolivar, NY Assistant Public Defender............Patricia Fogarty, Belmont, NY Public Works Superintendent................David Roeske, Belmont, NY Deputy Superintendent I...............John J. Mancuso, Belmont, NY Deputy Superintendent II.................Guy R. James, Belmont, NY Real Property Tax Service Agency, Director..............................Steven Presutti, Belmont, NY Sheriff...............................Randal J. Belmont, Belmont, NY Undersheriff...........................Denis Reynolds, Belmont, NY Social Services Commissioner.........Margaret A. Cherre, Belmont, NY STOP DWI Program Coordinator.............Deborah Aumick, Belmont, NY Traffic Safety Program Coordinator......Kath Buffington, Belmont, NY Veterans' Service Agency Director.....H. Scott Spillane, Belmont, NY Weights & Measures Director...............Gilbert Green, Belmont, NY Workers' Compensation, Executive Secretary....................Douglas Dillon, Belmont, NY Youth Bureau Program Director............Deborah Aumick, Belmont, NY

VI

STANDING COMMITTEES 1. FACILITIES PLANNING & MANAGEMENT: Bennett, Heineman, Burdick, Graffrath, Myers, Russo 2. FINANCE: Crandall, Sobeck, Bennett, Heineman, Nielsen 3. HUMAN SERVICES: Truax, Heineman, Crandall, Dibble, Sherman 4. PERSONNEL: Russo, Burdick, Dibble, Nielsen, Regan 5. PLANNING & DEVELOPMENT: Myers, Regan, Burdick, Dibble, Reynolds 6. PUBLIC SAFETY: Reynolds, Bennett, Burdick, Russo, Truax 7. PUBLIC WORKS: Graffrath, Reynolds, Bennett, Sherman, Truax 8. RESOURCE MANAGEMENT: Sherman, Burdick, Bennett, Myers 9. TECHNOLOGY: Sobeck, Burdick, Regan, Sherman 10. WAYS & MEANS: Nielsen, Crandall, Graffrath, Reynolds, Russo, Truax

VII

MEMBERS OF BOARDS AND AGENCIES SERVING IN 2004

ACCORD CORPORATION, BOARD OF DIRECTORS Carl Peterson, Belmont, NY Ronald Stuck, Friendship, NY Edmund Burdick, Black Creek, NY Susan Myers, Friendship, NY

Mary McCumiskey, Belfast, NY Kimberley Toot, Wellsville, NY David Smith, Black Creek, NY Deborah Dolehanty, Cuba, NY

AGING, CITIZENS ADVISORY COUNCIL Curt Crandall, Caneadea, NY Jean Switalski, Cuba, NY Jean MacMurray, Wellsville, NY Wallace Higgins, Alfred Sta., NY Nancy Rouse, Scio, NY Beverly Grantier, Wellsville, NY Karen Stroud, Hume, NY

Keith Folts, Fillmore, NY David Pullen, Houghton, NY Mona Pettit, Cuba, NY Reita Sobeck-Lynch, Wellsville, NY Beverly Armstrong, Wellsville, NY Maurice Rucker, Alfred, NY

AGRICULTURAL AND FARMLAND PROTECTION BOARD Hubert Wightman, Almond, NY Kevin Redman, Fillmore, NY Ted Hopkins, Fillmore, NY Florence Fuller, Houghton, NY Andrew Zalar, Fillmore, NY

Thomas Parmenter, Fillmore, NY Jack Potter, Scio, NY Gary Link, Wellsville, NY Rodney K. Bennett, Dalton, NY Steven Presutti, Belmont, NY

COMMUNITY SERVICES BOARD Edna Howard, PhD, Belfast, NY Linda Edwards, Houghton, NY Gary Ogden, MD, Scio, NY Sandra P. Blake, Houghton, NY Luci LaVenture, Friendship, NY Shirley Lyon-Bentley, Wlsv.,NY

Eugene Krumm, Wellsville, NY Ronald Truax, Cuba, NY Karl E. Graves, Andover, NY John W. Walchli, Jr, Wellsville,NY Judith E. Samber, Alfred, NY Dawn M. Doane, Friendship, NY

CORNELL COOPERATIVE EXTENSION, BOARD OF DIRECTORS Gary Ogden, MD, Scio, NY Jan Woitas, Friendship, NY Lucy Benson, Allegany, NY

Dan Pawlowski, Great Valley, NY Rodney K. Bennett, Dalton, NY

VIII

DEVELOPMENT ADVISORY BOARD Deborah Clark, Alfred, NY Ted Hopkins, Fillmore, NY John Corneby, Whitesville, NY Jesse Case, Wellsville, NY Julie Hart, Wellsville, NY Frederic Marks, Hornell, NY Voni Walker, Wellsville, NY

David Fleming, Angelica, NY William Shuler, Cuba, NY Zena Andrus, Friendship, NY Raymond DeTine, Belmont, NY Barbara Deming, Cuba, NY William Hart, Wellsville, NY Linda Clayson, Belmont, NY

FIRE ADVISORY BOARD Jeff Luckey, Short Tract, NY Joe Szeliga, Alfred Sta., NY Judson Stearns, Jr., Alf.Sta.,NY Robert Prior, Allentown, NY George Givens, Andover, NY Richard Sortore, Angelica, NY David Jennings, Belfast, NY Brandon LaValley, Belmont, NY Richard Smith, Sr., Bolivar, NY Neil Depew, Petrolia, NY David Vogel, Sr., New Hudson, NY

Dan Metcalf, Rushford, NY Clair Guinnip, Scio, NY Larry Erdmann, Whitesville, NY Jody Kenyon, Canaseraga, NY Robert Lester, Cuba, NY LeRoy Ives, Willing, NY Alan Mills, Wiscoy-Rossburg, NY Bryan Snyder, Almond, NY Tom Thompson, Fillmore, NY David Sweet, Wellsville, NY

FISH & WILDLIFE MANAGEMENT BOARD Edmund C. Burdick, Black Creek, NY, Legislative Representative Patrick Regan, Wellsville, NY, Alt. Legislative Representative Derwood Say, Cuba, NY, Sportsmen's Representative John Lewis, Wellsville, NY, Alt. Sportsmen’s Representative Robert Polanowski, Belfast, NY, Landowner Representative Kevin Redman, Fillmore, NY, Alternate Landowner Representative FOREST PRACTICE BOARD Douglas Serra, Belmont, NY Thomas Parmenter, Fillmore, NY

Rodney K. Bennett, Dalton, NY

FRIENDSHIP EMPIRE ZONE ADMINISTRATIVE BOARD Susan F. Myers, Friendship, NY Ronald B. Truax, Cuba, NY Ronald A. Stuck, Friendship, NY H. Kier Dirlam, Angelica, NY George Schenk, Friendship, NY Jody Collins, Cuba, NY Margaret Cherre, Friendship, NY Kevin LaForge, Wellsville, NY

Darwin Fanton, Wellsville, NY Jerry Scott, Cuba, NY Thomas Eastham, Cuba, NY Marcia Habberfield, Scio, NY Robert C. Ellis, Belmont, NY Deborah Clark, Alfred, NY Kathleen Schumann, Friendship, NY

IX

HEALTH, BOARD OF Ronald B. Truax, Cuba, NY Willard L. Simons, DDS, Cuba, NY Leo Cusumano, MD, Cuba, NY Timothy LaFever, West Clarksville, NY

Catherine W. Richmond, Wellsville, NY Timothy O. Leonard, PhD, MD, Houghton, NY

INDUSTRIAL DEVELOPMENT AGENCY Charles Jessup, Alfred Sta., NY Jeffrey Spear, Houghton, NY David Crowley, Cuba, NY

Wayne Allen, Bolivar, NY Kevin LaForge, Wellsville, NY

PLANNING BOARD Ronald Stuck, Friendship, NY Lee Gridley, Wellsville, NY Richard Hollis, Dalton, NY Clifford Ackley, Wellsville, NY Kathleen Hollis, Dalton, NY Charles Jessup, Alfred Sta., NY Richard Yanda, Fillmore, NY Gertrude Butera, Almond, NY Alan Nobles, Canaseraga, NY Thomas Hayden, Wellsville, NY Aaron Foster, Andover, NY Wendall Brown, Scio, NY Ex-officio Members: Susan Myers, Friendship, NY (Chair., Planning & Development Comm.) David Roeske, Wellsville, NY (Superintendent of Public Works) Terri Ross, Angelica, NY (County Treasurer) RESOURCE, CONSERVATION AND DEVELOPMENT BOARD Edgar Sherman, L. Genesee, NY Fred Sinclair, Scio, NY

Thomas Parmenter, Fillmore, NY

SOIL & WATER CONSERVATION DISTRICT, BOARD OF DIRECTORS Rodney K. Bennett, Dalton, NY Edgar Sherman, L. Genesee, NY Mark Bainbridge, Angelica, NY

Hubert Wightman, Almond, NY Curtis Rung, Friendship, NY

SOUTHERN TIER WEST REGIONAL PLANNING & DEVELOPMENT BOARD Susan F. Myers, Friendship, NY Brent Reynolds, Alfred Sta., NY James G. Palmer, Alfred Sta., NY

John E. Margeson, Scio, NY Jerry Scott, Cuba, NY

X

TOURISM, CITIZENS ADVISORY COMMITTEE Donald Cameron, Alfred Sta., NY Craig Braack, Almond, NY H. M. Bateman, Wellsville, NY Douglas Roorbach, Houghton, NY

Jon Gorton, Swain, NY Craig Smith, Fillmore, NY Sarah L. McCoy, Cuba, NY

TRAFFIC SAFETY BOARD Ray M. Parlett, Houghton, NY Guy R. James, Scio, NY David S. Roeske, Wellsville, NY William G. Barrett, Rushford, NY Thomas McDonnell, Fillmore, NY Dawn Santangelo, Cuba, NY Charles Stout, Whitesville, NY Charles A. Chick, Almond, NY

James W. Ames, Scio, NY Lt. William Nash, Wellsville, NY Kevin E. Demick, Angelica, NY Randal J. Belmont, Andover, NY John Zlomek, Belmont, NY Daniel Hanchett, Belmont, NY Thomas Hull, Almond, NY

WORKFORCE INVESTMENT BOARD, CATTARAUGUS-ALLEGANY Tina Zerbian Thomas White Hobart Rhinehart Anthony Foti John Stevens Robert K. Bitting John Margeson Michael Hendrix Ronald Stuck Gregory Knapp Charles Kalthoff Susan Piper Donald Giardini Jesse Gugino

Paul Denning (resigned 02/04) Jack Searles Pete MacDonald Stephen Foster Rich Saxton Christine Joyce David Koeblin Marcella Kane Ann Gilpin Theresa Schueckler Donna Kahm Mary Ann Thomas Darwin L. Fanton

YOUTH BOARD Deborah Knapp, Angelica, NY Kathy Morris, Cuba, NY Jack Emrick, Scio, NY Robert Donius, Alfred Sta., NY Judith Hopkins, Fillmore, NY Patrick Barry, Wellsville, NY Charles Neal, Wellsville, NY

Edna Kayes, Alfred, NY Roland Duttweiler, Angelica, NY Ralph Eastlack, Wellsville, NY Gary Ostrower, Alfred, NY James Cross, Cuba, NY Sherry Weirich, Scio, NY Luci Laventure, Friendship, NY

XI

1 LEGISLATORS’ PROCEEDINGS January 5, 2004 Pursuant to call, the organization meeting of the Allegany County Board of Legislators was called to order at 3:02 p.m. by the Clerk of the Board, Brenda A. Rigby. Pledge of allegiance to the flag. The invocation was given by Legislator Reynolds. Roll Call: All present except Legislators Nielsen, Regan, and Truax (Legislator Regan arrived late, just prior to Committee Appointments). RESOLUTIONS: RESOLUTION NO. 1-04 APPOINTMENT OF LEGISLATOR JAMES G. PALMER TO CHAIRMANSHIP OF BOARD OF LEGISLATORS; AUTHORITY TO DETERMINE NUMBER OF BOARD MEMBERS ON COMMITTEES Offered by:

Legislator Curtis Crandall

Pursuant to County Law § 450 RESOLVED: 1. That Legislator James G. Palmer is appointed Chairman of this Board of Legislators, with term of office commencing immediately and expiring December 31, 2004. 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. Crandall Seconded by: Mr. Dibble

Adopted: Roll Call 12 Ayes, 0 Noes, 3 Absent

County Judge James Euken administered the Oath of Office to Mr. Palmer, the duly appointed Chairman of the Board of Legislators for 2004, assisted by Mr. Palmer’s wife, Faith. Chairman Palmer, on behalf of the entire Board, presented a plaque to past Chairman Edgar Sherman in appreciation for his four years of service as Board Chairman. RESOLUTION NO. 2-04 APPOINTMENT OF VICE CHAIRMAN Offered by:

Legislator Ronald B. Truax

Pursuant to Rule 70 of County Board Rules as enacted by Resolution No. 77-89 RESOLVED: 1. That Legislator Rodney K. Bennett is appointed 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. Heineman Seconded by: Mr. Reynolds

Adopted: Roll Call 12 Ayes, 0 Noes, 3 Absent

2 LEGISLATORS’ PROCEEDINGS

County Judge James Euken administered the Oath of Office to Mr. Bennett, the duly appointed Vice Chairman of the Board of Legislators for 2004, assisted by Mr. Bennett’s wife, Michelle. County Judge James Euken administered the Oath of Office to newly elected County Clerk, Robert L. Christman, assisted by Mr. Christman’s wife, Tammy. Chairman Palmer addressed the Board concerning the County’s bleak financial situation, highlighting several steps he plans to implement to attack this problem, including formation of two new standing committees and special goal-setting sessions. He stressed working together as a team to improve our County for the future. APPOINTMENTS: Chairman Palmer made assignments to the Standing Committees of the Board of Legislators for the year 2004. The listing of assignments was distributed by the Clerk of the Board. The Clerk announced that Chairman Palmer has made the following appointments, all of whom are to serve at the pleasure of the Chairman of the Board: EMERGENCY INTERIM SUCCESSOR: Brent Reynolds, Alfred Station, NY COUNTY DIRECTOR OF THE OFFICE OF EMERGENCY SERVICES: John C. Tucker, Belmont, NY COORDINATOR OF THE ALLEGANY COUNTY SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED (STOP DWI): Deborah Aumick, Scio, NY INTER-COUNTY ASSOCIATION OF COUNTY LEGISLATIVE BODIES OF WESTERN NEW YORK, INC.: Voting Members: Edmund Burdick, Black Creek, NY Susan Myers, Friendship, NY Edgar Sherman, Little Genesee, NY Alternate Voting Members: Rodney Bennett, Dalton, NY Patrick Regan, Wellsville, NY FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY ADMINISTRATIVE BOARD: Susan F. Myers, Friendship, NY (Chair) George Schenk, Friendship, NY Jody Collins, Cuba, NY Ronald Truax, Cuba, NY Margaret Cherre, Friendship, NY Thomas Eastham, Cuba, NY Kevin LaForge, Wellsville, NY Marcia Habberfield, Scio, NY Robert C. Ellis, Belmont, NY Darwin Fanton, Wellsville, NY Ronald A. Stuck, Friendship, NY Jerry Scott, Cuba, NY H. Kier Dirlam, Angelica, NY Deborah Clark, Alfred, NY Kathleen Schumann, Friendship, NY

3 LEGISLATORS’ PROCEEDINGS Chairman Palmer has recommended to the Board of Directors of Cornell Cooperative Extension of Allegany County, Rodney K. Bennett, Dalton, NY, as the Legislative Representative Member to that Board for a term of one year. The Clerk announced that Chairman Palmer has made the following appointments, all of which are subject to Board approval: DIRECTOR OF THE COUNTY VETERANS’ SERVICE AGENCY: Harvey Scott Spillane ALLEGANY COUNTY DEVELOPMENT ADVISORY BOARD: Education: Deborah Clark, Alfred, NY Agriculture: Ted Hopkins, Fillmore, NY Forests: John Corneby, Whitesville, NY Recreation/Tourism: Jesse Case, Belmont, NY Industry: Raymond DeTine, Belmont, NY Julie Hart, Wellsville, NY Barbara Deming, Cuba, NY Utilities: Frederic Marks, Hornell, NY Small Business: Voni Walker, Wellsville, NY William Hart, Wellsville, NY Banking: Linda Clayson, Belmont, NY Real Estate: William Shuler, Cuba, NY At-Large: David Fleming, Angelica, NY Zena Andrus, Friendship, NY ALLEGANY COUNTY PLANNING BOARD: District I Members: Richard Hollis, Dalton, NY Kathleen Hollis, Dalton, NY Richard Yanda, Fillmore, NY District II Members: Ronald Stuck, Friendship, NY District IV Members: Clifford Ackley, Wellsville, NY Aaron Foster, Andover, NY Lee Gridley, Wellsville, NY Thomas Hayden, Wellsville, NY District V Members: Charles Jessup, Alfred Station, NY Gertrude Butera, Almond, NY Alan Nobles, Canaseraga, NY Ex-Officio Members: David Roeske, Superintendent, Public Works, Wellsville, NY Terri L. Ross, County Treasurer, Angelica, NY Susan F. Myers, Chairperson, Planning and Development Committee, Friendship, NY ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Communication was read from the Republican Party members of the Board of Legislators recommending that the Chairman designate Daniel Russo, Legislator from District IV, as Majority Leader of said Board for the year 2004. 2. Announcement was made of the NYSAC Conference in Albany to be held from February 1 through 3, 2004. 3. Southern Tier West Regional Planning and Development Board’s Program and Events brochures were received and distributed. The meeting was adjourned. --------

4 LEGISLATORS’ PROCEEDINGS January 12, 2004 The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Reynolds. Roll Call: All present except Legislator Nielsen. PRIVILEGE OF THE FLOOR: Chairman Palmer granted privilege of the floor to John Padlo, Instructor for the BOCES Government Intern Program. Twenty-one students are participating in the program this year, representing six area schools: Bolivar-Richburg, Cuba-Rushford, Fillmore, Pioneer, Scio, and Wellsville. One of the goals the group will be working on is to investigate ways to increase revenues or cut expenditures in the County budget. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies minutes of December 8, 18, and 29, 2003 for review.

of

Board

2. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator during the month of December 2003. 3. Also placed on each legislator’s desk was a copy of the Report of Tax Bill Corrections approved by the County Administrator during the month of December 2003. 4. Correspondence was received from the Allegany/Western Steuben Rural Health Network announcing an open house and reception on Thursday, January 15 from 4:00 to 6:00 p.m. at Alfred University for a hands-on demonstration of the Allegany Data Reserve Website. APPOINTMENTS: The Clerk announced that Chairman Palmer has made the following appointments, all of whom are to serve at the pleasure of the Chairman of the Board: PUBLIC SAFETY BUILDING PLANNING COMMITTEE: James G. Palmer, Chairman, Board of Legislators Kenneth Nielsen, Chairman, Ways and Means Committee James Graffrath, Chairman, Public Works Committee Brent Reynolds, Chairman, Public Safety Committee Daniel Russo, Chairman, Personnel Committee Rodney K. Bennett, Chairman, Facilities Planning and Management Committee Edmund Burdick, Legislator, District II Patrick Regan, Legislator, District III Robert Heineman, Legislator, District V John Margeson, County Administrator Randal Belmont, Sheriff Denis Reynolds, Undersheriff Karl Graves, Jail Sergeant Clark Brown, President, Allegany County Deputy Sheriff’s Association John C. Tucker, Director, County Office of Emergency Services Paul Gallmann, County Fire Coordinator

5 LEGISLATORS’ PROCEEDINGS David Roeske, County Superintendent of Public Works Dr. William Hall, Private Citizen Dwight Fanton, Private Citizen/Town Supervisor Dale Bentley, Private Citizen/Town Justice RESOURCE, CONSERVATION AND DEVELOPMENT BOARD: County Representative Member: Fred Sinclair, Scio, NY Legislative Member: Susan F. Myers, Friendship, NY Member at Large: Thomas Parmenter, Fillmore, NY ALLEGANY COUNTY CITIZENS ADVISORY COMMITTEE ON TOURISM: H.M. Bateman, Wellsville, NY Donald Cameron, Alfred Station, NY Craig Braack, Almond, NY Douglas Roorbach, Houghton, NY Jon Gorton, Swain, NY Craig Smith, Fillmore, NY The Clerk announced that Chairman Palmer has made the following appointments, all of which are subject to Board approval: CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING: Keith Folts, Fillmore, NY Reita Sobeck-Lynch, Wellsville, NY Beverly Armstrong, Wellsville, NY David Pullen, Houghton, NY Mona Pettit, Cuba, NY FISH AND WILDLIFE MANAGEMENT BOARD (Region 9): Legislative Representative Member: Edmund C. Burdick, Black Creek, NY Patrick Regan, Wellsville, NY (Alternate) Sportsmen’s Representative Member: Derwood Say, Cuba, NY John Lewis, Wellsville, NY (Alternate) RESOLUTIONS: RESOLUTION NO. 3-04 RESOLUTION CREATING TWO ADDITIONAL STANDING COMMITTEES TO BE KNOWN AS THE FINANCE COMMITTEE AND THE FACILITIES PLANNING AND MANAGEMENT COMMITTEE; AMENDMENT OF COUNTY BOARD RULES Offered by:

Legislator James G. Palmer

RESOLVED: 1. There are created two standing committees known as the Finance Committee and the Facilities Planning and Management Committee. 2. The members of such committees shall be accordance with Rule 200 of the County Board Rules. 3. The Transportation 126-2003 is abolished.

Committee

created

by

appointed

Resolution

in No.

4. That County Board Rule 190.A.8 is deleted and a new County Board Rule 190.A.8 is added as follows: 8.

Finance. (See Rule 220.H.)

6 LEGISLATORS’ PROCEEDINGS

5. That County Board Rule 190.A. is amended by adding a new subdivision 190.A.10 to read as follows: 10. Rule 220.J.)

Facilities

Planning

and

Management

Committee.

(See

6. That County Board Rule 220.H. is deleted and a new County Board Rule 220.H. is added to read as follows: H.

FINANCE.

1.

General Jurisdiction: a. General responsibility for the planning, control and oversight of the County Budget. b. Oversight of general appropriations and expenditures.

2.

County

revenues,

Specific Jurisdiction: a. Receive and evaluate on a monthly basis budget monitoring reports and other budget related information from County departments and offices. b. Review the annual County tentative budget and assess the impact of local conditions and State and Federal actions on the tentative budget. Recommend changes in tentative budget to the full Board of Legislators in a budget report pursuant to County Law Section 357. c. Review Budget Officer’s proposed appropriation resolution referring to a tentative budget and making provisions for the conduct of the County Government for the ensuing fiscal year. d. Supervision of County Treasurer’s fixed assets records powers and duties. (See Res. 74-86) e. Offer following:

for

County

Board

action

any

of

the

(1) a transfer of funds between capital projects established by resolution of the County Board. (2) a transfer of funds from the contingent account or from any other major appropriation account to another major appropriation account. (3) an appropriation of unanticipated revenues or unappropriated cash surplus within a particular Fund. (4) an appropriation of grants-in-aid received from the State and Federal governments. (5) an appropriation of other gifts which are required to be expended for particular objects or purposes. (6) an appropriation of received for the loss,

insurance proceeds theft, damage or

7 LEGISLATORS’ PROCEEDINGS destruction of real or personal property, when proposed to be used or applied to repair or replace such property. (See County Law Section 366) 3.

Administrative Unit Jurisdiction: a.

Budget Officer.

b.

County Treasurer.

7. That County Board Rule 220.I.1 is amended by deleting subdivisions I.1.a. and 1.d. and renumbering subdivision I.1.b as a., 1.c as 1.b., 1.e. as 1.c., 1.f. as 1.d. and 1.g. as 1.e. 8. That County Board Rule 220.I.2. is amended by deleting subdivisions a., e., h., i., j., k, m. and by amending subdivision l. to read as follows: l. Supervision of County Real Property Tax Service Agency in performance of its respective powers and duties relating to the matters under General Jurisdiction. 9. That County Board Rule 220.I.2. is amended by renumbering subdivision 220.I.2.b. as 2.a., 2.c. as 2.b., 2.d. as 2.c., 2.f. as 2.d., 2.g. as 2.e., 2.l. as 2.f., and 2.n. as 2.g. 10. That County Board Rule 220.I.3. is amended by deleting subdivisions f. and g. and by renumbering subdivision 3.h. as 3.f. 11. That County Board Rule 220 is amended by adding a new section to be known as County Board Rule 220.J. Facilities Planning and Management Committee, to read as follows: J.

FACILITIES PLANNING AND MANAGEMENT COMMITTEE 1.

General Jurisdiction. a.

Capital planning.

b.

Monitoring of County assets.

c. Acquisition and sale of real property not under the jurisdiction of the Ways and Means Committee and the authority to determine that personal property under $10,000 in market value is no longer necessary for County purposes. d. Landfill Asset Development (In consultation with Public Works Committee). 2.

Specific Jurisdiction. a. Utilization planning proposed County facilities.

of

existing

and

b. Supervision of County Administrator’s space allocation powers and duties. (See Res. 74-86, 50-87, 140-92). c.

Vehicle fleet management. i. Acquisition of new County vehicles (other than Department of Public Works heavy vehicles).

8 LEGISLATORS’ PROCEEDINGS

ii.

Maintenance of County vehicle fleet.

d. Monitor development of Resources within the County. 3.

State

and

local

Administrative Unit. a. All County Departments with respect to General and Specific Jurisdiction of the committee.

12. That County Board Rule 220.F. is amended by deleting subdivision 2.b. and by renumbering subdivision 2.c. as 2.b., 2.d. as 2.c., 2.e. as 2.d., 2.f. as 2.e., 2.g. as 2.f. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 4-04 ESTABLISHING A CAPITAL PROJECT FOR FLOOD REPAIR WORK IN ALLEGANY COUNTY AND PROVIDING FUNDS THEREFOR Offered by:

Public Works and Ways and Means Committees

RESOLVED: 1. That a Capital Project for County Flood Repair work located on County Road 48 in the Town of Angelica is established. 2. That the County Treasurer is authorized to transfer to an Account to be designated by her the sum of $110,500 for said Capital Project. Moved by: Mr. Graffrath Seconded by: Mr. Truax

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 5-04 ACCEPTANCE OF MONEY FROM CHERYL AND MARK MAXWELL, ALMOND UNION OF CHURCHES AND THE WELLSVILLE LIONESS CLUB AND APPROPRIATION OF SAME TO OFA – S.N.A.P. CONTRACTUAL EXPENSES ACCOUNT Offered by:

Human Services and Ways and Means Committees

WHEREAS, a sum of $850 has been offered by Cheryl and Mark Maxwell, Almond Union of Churches and the Wellsville Lioness Club to the Allegany County Office for the Aging to be used for the Home Delivered Meals Program, now, therefore, be it RESOLVED: 1. That the sum of $850 is accepted from Cheryl and Mark Maxwell, Almond Union of Churches and the Wellsville Lioness Club to be used for the Home Delivered Meals Program. 2. That Maxwell, Almond appropriated to Revenue Account

the accepted sum of $850 from Cheryl and Mark Union of Churches and the Wellsville Lioness Club is Account No. A6779.4, with a like sum credited to No. A09.2801.36.

Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

9 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 6-04 INCREASING APPROPRIATIONS AND REVENUES IN OFFICE FOR AGING ACCOUNTS Offered by:

Human Services and Ways and Means Committees

WHEREAS, the Office for the Aging has advised that certain appropriations and revenues should be increased due to a Federal grant-in-aid, now, therefore, be it RESOLVED: 1. That the following increased as follows:

Office

for

the

Aging

Revenue Account: A11.4772.08

$2,456

Appropriation Accounts: A6784.1 A6784.8

$2,200 256

Moved by: Mr. Truax Seconded by: Mr. Dibble

accounts

are

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Resolution No. 6-04 relates to OFA Weatherization Accounts.) RESOLUTION NO. 7-04 ESTABLISHING A CAPITAL PROJECT FOR RIP RAP PLACEMENT ON COUNTY ROADS IN ALLEGANY COUNTY AND PROVIDING FUNDS THEREFOR Offered by:

Public Works and Ways and Means Committees

RESOLVED: 1. That a Capital Project for Rip Rap Placement work located on Allegany County Roads 19 and 24 is established. 2. That the County Treasurer is authorized to transfer to an Account to be designated by her the sum of $76,000 for said Capital Project. Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 8-04 APPROVAL OF AGREEMENT BETWEEN COUNTY OF ALLEGANY AND JESSE CASE FOR CONSULTANT SERVICES Offered by:

Planning and Development and Ways and Means Committees

RESOLVED: 1. That Agreement between the County of Allegany and Jesse Case in relation to consultant services to assist in economic development and related activities in Allegany County for the period January 1, 2004 through December 31, 2004, is approved. 2. That the Chairman of this Board is authorized to execute said Agreement. Moved by: Mrs. Myers Seconded by: Mr. Reynolds (Memo:

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

The fiscal impact of preceding Resolution 8-04 is $12,000.)

10 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 9-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY, ACTING BY AND THROUGH ITS OFFICE FOR THE AGING, AND PRESTIGE SERVICES, INC. FOR HOME-DELIVERED MEAL PROGRAM AND AUTHORIZING EXECUTION OF AGREEMENT Offered by:

Human Services and Ways and Means Committees

RESOLVED: 1. That Agreement dated December 9, 2003, between County of Allegany, acting by and through its Office for the Aging, and Prestige Services, Inc., is approved. 2. That the Director of the authorized to execute the Agreement. Moved by: Mr. Truax Seconded by: Mr. Dibble

Office

for

the

Aging

is

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

A motion was made by Legislator Truax, seconded by Legislator Reynolds and carried, to grant Legislators Burdick and Myers permission to abstain from voting on Resolution Intro. No. 10-04 (Approval of New York State Home Program State Recipient Agreement Between the New York State Housing Trust Fund Corporation and County of Allegany; Authorizing Chairman to Execute Agreement; Allegany County Community Opportunities and Rural Development Corporation to Administer Agreement). RESOLUTION NO. 10-04 APPROVAL OF NEW YORK STATE HOME PROGRAM STATE RECIPIENT AGREEMENT BETWEEN THE NEW YORK STATE HOUSING TRUST FUND CORPORATION AND COUNTY OF ALLEGANY; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT; ALLEGANY COUNTY COMMUNITY OPPORTUNITIES AND RURAL DEVELOPMENT CORPORATION TO ADMINISTER AGREEMENT Offered by:

Planning and Development Committee

RESOLVED: 1. That Agreement between the New York State Housing Trust Fund Corporation and the County of Allegany, to continue the Home Program designed to finance home improvements for low to moderate income home owners, is approved. 2. That the Chairman of this Board is authorized to execute such Agreement. 3. That the Allegany County Community Opportunities and Rural Development Corporation shall be responsible for the administration of the Agreement as to Allegany County's interest. Moved by: Mr. Truax Seconded by: Mr. Sobeck

Adopted: Roll Call 12 Ayes, 0 Noes, 1 Absent Abstained: Burdick, Myers

AUDITS: A motion was made by Legislator Truax, seconded by Legislator Graffrath and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Crandall, seconded by Legislator Dibble and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims be approved for payment as recommended by the County Administrator.

11 LEGISLATORS’ PROCEEDINGS

The meeting was adjourned on a motion made Reynolds, seconded by Legislator Dibble and carried.

by

Legislator

-------January 26, 2004 The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Reynolds. Roll Call:

All present except Legislator Truax.

APPROVAL OF MINUTES: The Board meeting minutes of December 8, 18, and 29, 2003 were approved on a motion by Legislator Reynolds, seconded by Legislator Bennett and carried. PRIVILEGE OF THE FLOOR: Chairman Palmer took the floor to present a certificate of appreciation to Clair “Speed” Guinnip, of Scio, NY, for 26 years of volunteer service in the Allegany County Fire Service as Deputy Coordinator in District III, from 1978 through 2003. Chairman Palmer granted privilege of the floor to representatives from the Allegany Council on Alcoholism and Substance Abuse: Gabrielle Brainard, Reality Check Coordinator; Ann Weaver, Community Educator; and Ross Jandrew, Reality Check Youth Representative. Ross spoke on the Reality Check Program’s efforts, with their present campaign focus being to de-normalize and deglamorize smoking in the movie industry. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the 2003 Annual Report of the County Treasurer of the monies received and disbursed by her in connection with the licensing of dogs and protection of domestic animals there from in accordance with Article 7 of the Agriculture and Markets Law. A motion was made by Legislator Regan, seconded by Legislator Nielsen and carried, that the Report be accepted and the County Treasurer be directed to refund the apportioned 75 percent of the surplus to the various towns. 2. Also placed on each legislator’s desk was a copy of the Legislators’ Compensation Table for 2003. 3. Notice was received from the County Clerk’s Office that Linda K. Healy has been appointed as Deputy County Clerk and Kristina K. Stoll has been appointed as Deputy County Clerk II. 4. Announcement was made of the next Inter-County Association meeting to be hosted by Allegany County on February 20, at Moonwinks in Cuba. 5. Correspondence was received from Legislator Myers thanking the Board for the flowers sent to her during a recent hospital stay.

12 LEGISLATORS’ PROCEEDINGS (Memo: The Personnel Committee appointed Douglas Executive Secretary of the Allegany County Mutual Plan for 2004 on January 15, 2004.)

A. Dillon as Self-Insurance

APPOINTMENTS: The Clerk announced that Chairman Palmer has appointed Edgar Sherman of Little Genesee, NY to replace Susan F. Myers as the Legislative Representative Member to the Resource, Conservation and Development Board, effective immediately, to serve at his pleasure. RESOLUTIONS: RESOLUTION NO. 11-04 APPROVAL OF BOARD CHAIRMAN’S REAPPOINTMENT OF HARVEY SCOTT SPILLANE AS DIRECTOR OF COUNTY VETERANS’ SERVICE AGENCY Offered by:

Personnel Committee

Pursuant to Executive Law § 357 and Resolution No. 58-45 RESOLVED: 1. That the reappointment by the Chairman of this Board of Legislators of Harvey Scott Spillane as Director of the County Veterans’ Service Agency effective January 5, 2004, is approved. Moved by: Mr. Nielsen Seconded by: Mr. Reynolds

Adopted:

Voice Vote

RESOLUTION NO. 12-04 DESIGNATING STEUBEN TRUST COMPANY AS DEPOSITORY FOR COUNTY CLERK FUNDS; AUTHORIZING COUNTY CLERK AND DEPUTY COUNTY CLERKS TO ACCESS SUCH FUNDS Offered by:

Personnel Committee

RESOLVED: 1. That Steuben Trust Company, of Hornell, New York, be, and is hereby designated as a depository in which funds of the Allegany County Clerk may be deposited. 2. That Allegany County Clerk Robert L. Christman, Deputy County Clerk Linda K. Healy, Deputy County Clerk II Kristina K. Stoll and Deputy County Clerk III Michael D. Hennessy, each be, and they hereby are, jointly and severely, authorized to sign checks and orders for the payment of money, withdrawing funds so deposited and that said Trust Company shall be, and hereby is, authorized and directed to honor and pay any checks and orders so drawn, when so signed, whether such checks be payable to the order of the officers signing them, or any of said officers, in their official capacity, or not. 3. That a certified copy of this resolution be filed with the said Trust Company and that said Trust Company be promptly notified in writing, of any change or changes from time to time in this resolution or in the instructions given herein, or in the personnel of any of the county officers named herein. Moved by: Mr. Reynolds Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

13 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 13-04 ESTABLISHING FEE FOR ACCEPTING CONTAMINATED SOIL AT COUNTY LANDFILL Offered by:

Public Works Committee

RESOLVED: 1. That the fee for accepting contaminated soil at the County Landfill is set at the rate of $15 per ton. 2.

This resolution shall take effect immediately.

Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 14-04 A RESOLUTION IN RELATION TO THE CONSTRUCTION OF TOWN BRIDGE LOCAL CULVERT NO. CUBA-01 IN TOWN OF CUBA Offered by:

Public Works Committee

Pursuant to Highway Law § 238 and Resolution No. 65-95 WHEREAS, the County Public Works Department has submitted a report to this Board stating its reasons why Town Bridge Local Culvert No. Cuba-01 on Stout Road in the Town of Cuba should be constructed, and WHEREAS, the County Public Works Department has submitted plans, maps and specifications for the construction of such Bridge Culvert and estimated the project costs at $87,500, and WHEREAS, such Bridge Culvert qualifies under the Cost Sharing Plan set forth in Resolution No. 65-95, now, therefore, be it RESOLVED: 1. That this Board of Legislators does determine that it considers Town Bridge Local Culvert No. Cuba-01 on Stout Road in the Town of Cuba to be of sufficient importance to be constructed. 2. That the plans, maps and specifications prepared by the County Public Works Department are approved and the County Public Works Department is directed to construct such Bridge Culvert in accordance with such plans, maps and specifications. 3. That the authorized cost for Bridge Culvert shall not exceed $87,500.

the

construction

of

such

4. That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $74,375 and shall be transferred to a Capital Project Account to be designated by the County Treasurer. 5. That the Town’s share of such cost, estimated to be $13,125, shall be paid to the County pursuant to the provisions of section 1 g. of Resolution No. 65-95. 6. That such Bridge Culvert shall not be constructed until the Town of Cuba files the appropriate Town Board resolution in accordance with Resolution No. 65-95. Moved by: Mr. Graffrath Seconded by: Mr. Reynolds

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

14 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 15-04 A RESOLUTION IN RELATION TO THE CONSTRUCTION OF TOWN BRIDGE LOCAL CULVERT NO. SCIO-01 IN TOWN OF SCIO Offered by:

Public Works Committee

Pursuant to Highway Law § 238 and Resolution No. 65-95 WHEREAS, the County Public Works Department has submitted a report to this Board stating its reasons why Town Bridge Local Culvert No. Scio-01 on Bill Allen Hill Road in the Town of Scio should be constructed, and WHEREAS, the County Public Works Department has submitted plans, maps and specifications for the construction of such Bridge Culvert and estimated the project costs at $82,000, and WHEREAS, such Bridge Culvert qualifies under the Cost Sharing Plan set forth in Resolution No. 65-95, now, therefore, be it RESOLVED: 1. That this Board of Legislators does determine that it considers Town Bridge Local Culvert No. Scio-01 on Bill Allen Hill Road in the Town of Scio to be of sufficient importance to be constructed. 2. That the plans, maps and specifications prepared by the County Public Works Department are approved and the County Public Works Department is directed to construct such Bridge Culvert in accordance with such plans, maps and specifications. 3. That the authorized cost for Bridge Culvert shall not exceed $82,000.

the

construction

of

such

4. That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $69,700 and shall be transferred to a Capital Project Account to be designated by the County Treasurer. 5. That the Town’s share of such cost, estimated to be $12,300, shall be paid to the County pursuant to the provisions of section 1 g. of Resolution No. 65-95. 6. That such Bridge Culvert shall not be constructed until the Town of Scio files the appropriate Town Board resolution in accordance with Resolution No. 65-95. Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 16-04 APPROVAL OF BOARD CHAIRMAN’S APPOINTMENTS OF REPRESENTATIVES TO ALLEGANY COUNTY DEVELOPMENT ADVISORY BOARD Offered by:

Planning and Development Committee

Pursuant to Local Law No. 2 of 1985 RESOLVED: 1. That the appointments by the Chairman of this Board of: Deborah Clark, Education representative; Ted Hopkins, Agriculture

15 LEGISLATORS’ PROCEEDINGS representative; John Corneby, Forests representative; Jesse Case, Recreation/Tourism representative; Raymond DeTine, Industry representative; Julie Hart, Industry representative; Barbara Deming, Industry representative; Frederic Marks, Utilities representative; William Hart, Small Business representative; Voni Walker, Small Business representative; Linda Clayson, Banking representative; William Shuler, Real Estate representative; David Fleming, At Large representative; Zena Andrus, At Large representative; to serve as members of the Allegany County Development Advisory Board at the pleasure of the Chairman of this Board, are approved. Moved by: Mrs. Myers Seconded by: Mr. Reynolds

Adopted:

Voice Vote

Resolution Intro. No. 17-04 (Appointment of Members to the Allegany County Planning Board) was amended on a motion by Legislator Myers, seconded by Legislator Reynolds and carried, by adding Wendall Brown, Scio, NY, as the appointee for District III. RESOLUTION NO. 17-04 APPOINTMENT OF MEMBERS TO THE ALLEGANY COUNTY PLANNING BOARD Offered by:

Planning and Development Committee

RESOLVED: 1. That each of the following persons is appointed to the Allegany County Planning Board, with term of office for each to commence January 5, 2004, and expire December 31, 2004: Wendall Brown Richard Hollis Kathleen Hollis Richard Yanda Ronald Stuck Clifford Ackley Aaron Dale Foster Lee Gridley Thomas Hayden Charles Jessup Gertrude Butera Alan Nobles

Scio, New York Dalton, New York Dalton, New York Fillmore, New York Friendship, New York Wellsville, New York Andover, New York Wellsville, New York Wellsville, New York Alfred Station, New York Almond, New York Canaseraga, New York

2. That Susan F. Myers of Friendship, New York, Chairman of the Planning and Development Committee of this Board, David Roeske, Superintendent of Public Works and Terri L. Ross, Allegany County Treasurer are appointed ex-officio members of the Allegany County Planning Board with term of office to commence January 5, 2004, and expire December 31, 2004. Moved by: Mrs. Myers Seconded by: Mr. Dibble

Adopted:

Voice Vote

16 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 18-04 APPOINTMENT OF MEMBERS TO ALLEGANY COUNTY FIRE ADVISORY BOARD Offered by:

Public Safety Committee

Pursuant to County Law § 225-a. 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, 2004, and expire December 31, 2004: Joe Szeliga Judson Stearns, Jr. Robert Prior Bryan Snyder George Givens Richard Sortore David Jennings Brandon LaValley Richard Smith, Sr. Jody Kenyon Bob Lester Tom Thompson Neil Depew David Vogel, Sr. Dan Metcalf Clair Guinnip Jeff Luckey David Sweet Larry Erdmann LeRoy Ives Alan Mills

Alfred Station Alfred Station Allentown Almond Andover Angelica Belfast Belmont Bolivar Canaseraga Cuba Fillmore Petrolia New Hudson Rushford Scio Short Tract Wellsville Whitesville Willing Wiscoy-Rossburg

Moved by: Mr. Bennett Seconded by: Mr. Reynolds

Adopted:

Voice Vote

RESOLUTION NO. 19-04 APPOINTMENT OF TWO NEW MEMBERS AND REAPPOINTMENT OF THREE INCUMBENT MEMBERS TO COUNTY TRAFFIC SAFETY BOARD Offered by:

Public Safety Committee

Pursuant to Local Law No. 2 of 1972 RESOLVED: 1. That Daniel Hanchett of Belmont, New York, and Thomas Hull of Almond, New York, are appointed to the County Traffic Safety Board, with term of office to commence January 1, 2004, and expire December 31, 2006. 2. That Kevin “Fred” Demick, Guy R. James and William Nash are reappointed to the County Traffic Safety Board, with term of office for each to commence January 1, 2004, and expire December 31, 2006. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted:

Voice Vote

17 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 20-04 APPROVAL OF AGREEMENT WITH JESSE CASE TO PROVIDE TOURISM DEVELOPMENT SERVICES TO ALLEGANY COUNTY Offered by:

Planning and Development Committee

RESOLVED: 1. That Agreement between the County of Allegany and Jesse Case, in relation to providing tourism development services in order to promote and develop tourism in Allegany County, is approved. 2. That the Chairman of this Board is authorized to execute said Agreement. 3. That the amount of $35,600 to be paid in equal monthly installments of $2,966.66 pursuant to said Agreement shall be charged to Account No. A6989.477, Tourism. Moved by: Mrs. Myers Seconded by: Mr. Reynolds

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 21-04 APPROVAL OF AGREEMENT BETWEEN COUNTY OF ALLEGANY AND DAVID B. FLEMING FOR CONSULTANT SERVICES Offered by:

Planning and Development and Ways and Means Committees

RESOLVED: 1. That Agreement between the County of Allegany and David B. Fleming in relation to consultant services to assist in economic development and related activities in Allegany County for the period January 1, 2004 through December 31, 2004, is approved. 2. That the Chairman of this Board is authorized to execute said Agreement. Moved by: Mrs. Myers Seconded by: Mr. Reynolds

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The fiscal impact of preceding Resolution 21-04 is $6,000.) RESOLUTION NO. 22-04 APPROVAL OF AGREEMENT WITH ROBERT G. HUTTER, ESQ. TO PROVIDE ADMINISTRATOR SERVICES UNDER ASSIGNED COUNSEL PLAN Offered by:

Public Safety Committee

WHEREAS, an "Assigned Counsel Plan For Indigent Persons" was approved by Resolution No. 68-65, and amended by Resolution No. 93-65, and WHEREAS, Robert G. Hutter, Esq., has agreed to act as Administrator pursuant to such Plan for the calendar year 2004, now, therefore be it RESOLVED: 1. That Agreement between the County of Allegany and Robert G. Hutter, Esq. in relation to the Assigned Counsel Plan For Indigent Persons, is approved.

18 LEGISLATORS’ PROCEEDINGS

2. That the amount of $13,500 to be paid pursuant to said Agreement shall be charged to Account No. A1171.431, Assigned Counsel. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 23-04 APPROVAL OF AGREEMENT BETWEEN COUNTY OF CHAUTAUQUA, COUNTY OF ALLEGANY, COUNTY OF CATTARAUGUS, CITY OF OLEAN AND COUNTY OF WYOMING FOR SOUTHERN TIER DRUG ENFORCEMENT PROGRAM; AUTHORIZING CHAIRMAN TO EXECUTE CONTRACT; SHERIFF TO ADMINISTER CONTRACT Offered by:

Public Safety Committee

RESOLVED: 1. That "Contract Between County of Chautauqua, County Allegany, County of Cattaraugus, City of Olean, and County Wyoming For Southern Tier Drug Enforcement Program," is approved.

of of

2. That the Chairman of this Board is authorized to execute such Contract. 3. That the Allegany County Sheriff shall be responsible for the administration of the Contract as to Allegany County's interest. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 24-04 APPROVAL OF SOUTHERN TIER TASK FORCE DRUG ENFORCEMENT PROGRAM AGREEMENT WITH CHAUTAUQUA COUNTY; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT; SHERIFF TO ADMINISTER AGREEMENT Offered by:

Public Safety Committee

RESOLVED: 1. That Agreement entitled "Southern Tier Task Force Drug Enforcement Program," with the County of Chautauqua, New York, is approved. 2. That the Chairman of this Board is authorized to execute such Agreement. 3. That the Allegany County Sheriff shall be responsible for the administration of the Agreement as to Allegany County's interest. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

Resolution Intro. No. 25-04 (Resolution in Support of Requesting an Equitable and Dedicated Share of the New York State Wireless Surcharge) was not pre-filed and was considered from the floor on a motion made by Legislator Reynolds, seconded by Legislator Bennett and carried.

19 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 25-04 RESOLUTION IN SUPPORT OF REQUESTING AN EQUITABLE AND DEDICATED SHARE OF THE NEW YORK STATE WIRELESS SURCHARGE Offered by:

Public Safety Committee

WHEREAS, the State of New York imposes a $1.20 per month surcharge on all wireless telephones, which is projected to raise over One Hundred Million Dollars annually, and which was intended to improve wireless 911 services in the State, and WHEREAS, in 2002 estimates of revenues generated by the State Wireless Service Surcharge totaled approximately $60 million, and WHEREAS, in 2002-2003 New York State will distribute $20 million from the State Wireless Surcharge to municipalities, which is approximately 33 percent of the current total surcharge collected, and WHEREAS, that amount will be reduced to $10 million for State fiscal years 2003-2004 and 2004-2005, and WHEREAS, the current legislation only authorizes distribution of these funds through 2005, and WHEREAS, Counties and other municipalities that provide enhanced wireless 911 services will have to spend considerable amounts of money to maintain their 911 systems in a manner that provides the public with the best system of delivering emergency services, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators urges the State of New York to make permanent the 33 percent of the wireless surcharge collected annually be returned to the counties to offset costs associated with upgrading, operating and maintaining wireless public safety answering points and the dispatching of emergency service providers in response to wireless 911 calls. 2. That copies of this Resolution be forwarded to New York State Governor George Pataki, Senate Majority Speaker Joseph Bruno, Assembly Majority Speaker Sheldon Silver, Assembly Minority Leader Charles Nesbitt, Assemblyman Daniel Burling, Assemblywoman Catharine M. Young, and Special Assistant for Inter-County Affairs, Roger W. Triftshauser, Inter-County Association of Western New York, and NYSAC. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

Resolution Intro. No. 26-04 (Acceptance of the Insurance Proposal of NYMIR Submitted by Richardson & Stout Insurance Company; Continued Authority of Board Clerk and Personnel Committee to Secure Other Insurance) was not pre-filed and was considered from the floor on a motion made by Legislator Russo, seconded by Legislator Sobeck and carried.

20 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 26-04 ACCEPTANCE OF THE INSURANCE PROPOSAL OF NYMIR SUBMITTED BY RICHARDSON & STOUT INSURANCE COMPANY; CONTINUED AUTHORITY OF BOARD CLERK AND PERSONNEL COMMITTEE TO SECURE OTHER INSURANCE Offered by:

Personnel Committee

RESOLVED: 1. That the NYMIR insurance proposal and related services as submitted by Richardson & Stout Insurance Company of Wellsville, New York, to the County of Allegany for the period February 1, 2004 to February 1, 2005, is approved. 2. That the premium not to exceed $271,000 is charged to the several accounts of the 2004 County Final Budget in which the funds are proportionately provided to cover the whole of such premium. 3. That all other insurance not provided for in the foregoing proposal shall continue to be secured by the Clerk of the County Board of Legislators with approval of the Personnel Committee of such County Board, limited by the funds appropriated by such County Board therefor. Moved by: Mr. Russo Seconded by: Mr. Sobeck

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

AUDITS: A motion was made by Legislator Graffrath, seconded by Legislator Reynolds and carried, that the audits be acted upon collectively and by totals. A motion was made by Crandall and adopted on Absent, that the audit recommended by the County

Legislator Nielsen, seconded by Legislator a roll call vote of 14 Ayes, 0 Noes, 1 of claims be approved for payment as Administrator.

The meeting was adjourned on a motion made by Heineman, seconded by Legislator Reynolds and carried. --------

Legislator

21 LEGISLATORS’ PROCEEDINGS February 9, 2004 The regular meeting of the Board of Legislators was called to order at 2:03 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Nielsen. Roll Call:

All present except Legislators Regan and Sobeck.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the Annual Reports from the County Attorney, County Clerk, Probation, Public Works, Cornell Cooperative Extension, Human Resources, and Sheriff for review. 2. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of January 2004. 3. Placed on each legislator’s desk was a copy of the Report of Tax Bill Corrections approved by the County Administrator for the month of January 2004. 4. Also placed on each legislator’s desk were copies of the Board meeting minutes of January 5, 12, and 26, 2004 for review. 5. Each legislator also received a copy of the 2004 County Directory. 6. Certificates of Withdrawal of Delinquent Tax Liens were filed on February 2, 2004 by the County Treasurer in the Clerk of the Board’s Office for property in the Towns of Alma, Cuba, Scio, and Willing, pursuant to Article 11 of the Real Property Tax Law of the State of New York. 7. An order increasing the fees for the reproduction of County tax maps was filed on February 4, 2004 by the Director of the Real Property Tax Service Agency in the Clerk of the Board’s Office, pursuant to Local Law No. 1 of 1982, Section 5, paragraph 1. APPOINTMENTS: The Clerk of the Board announced that Chairman Palmer appointed Hubert Wightman of Almond, New York, to serve on the Allegany County Agricultural and Farmland Protection Board, coterminous with his designation as Chairman of Soil and Water Conservation District’s Board of Directors, for a one-year term expiring December 31, 2004. The Clerk of the Board announced that Chairman Palmer, in a joint measure with Gerard Fitzpatrick, Chairman of the Cattaraugus County Board of Legislators, has appointed the following individuals to serve on the Cattaraugus-Allegany Workforce Investment Board: Appointments Expiring December 31, 2004: Donald Giardini Susan Piper Marcella Kane Theresa Schueckler Gregory Knapp Rich Saxton Ann Gilpin Tina Zerbian

22 LEGISLATORS’ PROCEEDINGS Appointments Expiring December 31, 2005: David Koeblin Robert Bitting John Stevens Michael Hendrix Thomas White Christine Joyce Donna Kahm Paul Denning Appointments Expiring December 31, 2006: Charles Kalthoff Pete MacDonald Hobart Rhinehart Stephen Foster Anthony Foti Ronald Stuck Jesse Gugino Appointments with Indefinite Terms: John Margeson, Allegany County Jack Searles, Cattaraugus County INTRODUCTION OF LEGISLATION: Legislator Russo introduced Local Law Intro. No. 1-2004 entitled “A Local Law Amending Local Law No. 1 of 1994 to Establish Longevity Increments for Certain County Officers and Non-Unit County Employees,” a copy of said Local Law having been placed on each legislator’s desk. RESOLUTIONS: RESOLUTION NO. 27-04 RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 1994 TO ESTABLISH LONGEVITY INCREMENTS FOR CERTAIN COUNTY OFFICERS AND NON-UNIT COUNTY EMPLOYEES Offered by:

Personnel Committee

WHEREAS, on this 9th day of February 2004, a local law (Intro. No. 1-2004, Print No. 1) was introduced “Amending Local Law No. 1 Of 1994 To Establish Longevity Increments For Certain County Officers and Non-Unit County Employees”, and WHEREAS, it will be necessary to set a date for public hearing on said proposed local law, now, therefore, be it RESOLVED: 1. That a public hearing shall be held on February 23, 2004, at 2:00 P.M. in the County Legislators' Chambers, Room 221, County Office Building, 7 Court Street, Belmont, New York, before the Allegany County Board of Legislators, in relation to proposed local law Intro. No. 1-2004, Print No. 1. 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. Russo Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

23 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 28-04 RESOLUTION AMENDING COUNTY BOARD RULES Offered by:

Technology and Ways and Means Committees

RESOLVED: 1. That County Board Rule 220.G. paragraph 3. b. is deleted and paragraph 3. a. is amended to read as follows: 3. a. Information Technology Department (including general operation of the County telephone system). Moved by: Mr. Nielsen Seconded by: Mr. Bennett

the

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 29-04 ACCEPTANCE OF THE INSURANCE PROPOSAL OF MERCHANTS MUTUAL INSURANCE COMPANY SUBMITTED BY FLOSS AGENCY FOR EXCESS LIABILITY UMBRELLA COVERAGE; CONTINUED AUTHORITY OF BOARD CLERK AND PERSONNEL COMMITTEE TO SECURE OTHER INSURANCE Offered by:

Personnel Committee

RESOLVED: 1. That the Merchants Mutual Insurance Company insurance proposal for excess liability umbrella coverage in the amount of $4,000,000 as submitted by Floss Agency of East Amherst, New York, to the County of Allegany for the period February 1, 2004 to February 1, 2005, is approved. 2. That the premium not to exceed $67,092 is charged to the several accounts of the 2004 County Final Budget in which the funds are proportionately provided to cover the whole of such premium. 3. That all other insurance not provided for in the foregoing proposal shall continue to be secured by the Clerk of the County Board of Legislators with approval of the Personnel Committee of such County Board, limited by the funds appropriated by such County Board therefor. Moved by: Mr. Russo Seconded by: Mr. Dibble

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 30-04 SALE OF LAND TO VILLAGE OF BELMONT Offered by:

Public Works and Ways and Means Committees

WHEREAS, the County of Allegany no longer has need of a parcel of land located at 19 Fairview Avenue, Village of Belmont, and WHEREAS, the Village of Belmont has offered the sum of $1.00 for a deed of the County's interest in such property which is described as follows: ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Village of Belmont, County of Allegany and State of New York, described as follows, viz: 19 Fairview Avenue .25 Acres Tax Map No. 172.9-178.

24 LEGISLATORS’ PROCEEDINGS WHEREAS, the Public Works Committee believes that the sale will be advantageous to the County, now, therefore, be it RESOLVED: 1. That offer of $1.00 by the Village of Belmont is accepted and the Chairman of this Board is authorized and directed to execute on behalf of the County of Allegany and to cause to deliver to such purchaser a quit claim deed of the County's interest in such described premises, and to attach to said deed the official seal; all upon payment to the County Treasurer of the monetary offer. 2. That such quit claim deed shall also contain the following provision: a. The County of Allegany and the Allegany County Treasurer shall in no event be or become liable for any defects in or encumbrances or liens on the title hereby conveyed for any cause whatsoever. No claim or demand of any nature that arises from this sale or any of the proceedings leading hereto shall ever be made against the County of Allegany or the Allegany County Treasurer. Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 31-04 A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2004 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED WITH REGARD TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN; DIRECTING MAILING OF NOTICES OF APPROVAL OF APPLICATIONS FOR CORRECTED TAX ROLLS AND ORDERING THE VARIOUS TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS; PROVIDING FOR CHARGE BACKS OR CREDITS Offered by:

Ways and Means Committee

Pursuant to Real Property Tax Law § 554 WHEREAS, applications, for the taxpayers hereafter described, have been made to the County's Director of Real Property Tax Service Agency, for the correction of certain errors affecting their real property on various tax rolls, and WHEREAS, the Director has transmitted to this Board the applications, in duplicate, together with a written report of his investigation of the claimed errors and his written recommendation for action thereon by this Board as to each application, and WHEREAS, this Board has examined each application and report to determine whether the claimed error exists, now, therefore, be it RESOLVED: 1. That with regard to the applications for the named taxpayers pertaining to claimed errors regarding their real property on the respective tax rolls of the named Towns, this Board of Legislators does determine that the claimed errors as alleged in those applications exist and does approve those applications. 2. That the Chairman of this Board is authorized and directed to make a notation on those applications and the duplicates thereof that they are approved, to enter thereon the respective correct extension of taxes as set forth by the Director in his report, to enter thereon the respective date of mailing of a notice of

25 LEGISLATORS’ PROCEEDINGS approval, to enter thereon the date of mailing of a certified copy of this resolution to the proper Tax Collector, and to sign thereon as Chairman. 3. That the Clerk of this Board is directed to mail to the below listed taxpayers a notice of approval stating, in substance, that their application made has been approved, to inform the Chairman of this Board of the date of the mailing thereof, and to inform such respective taxpayers of the applicable provisions of subdivision seven of section 554 of the Real Property Tax Law. 4. That the Tax Collector of the Town of Genesee is ordered and directed to correct in the 2004 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a.

Fin Point Club; Parcel 284.-1-38./1 Assessment: Land $18,000 Total $18,000

by deleting such Parcel from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: Allegany County Medicaid Town of Genesee Genesee Fire b.

$128.93 121.25 174.64 21.61

Fin Point Club; Parcel 284.-1-38./2 Assessment: Land $15,600 Total $15,600

by deleting such Parcel from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: Allegany County Medicaid Town of Genesee Genesee Fire c.

$111.74 105.08 151.35 18.73

Robert W. Miller; Parcel 271.-1-46.22 Assessment: Land $61,000 Total $61,000

by deleting such Parcel from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: Allegany County Medicaid Town of Genesee Genesee Fire d.

436.93 410.90 591.83 67.74

Donald & Dora Stewart; Parcel 297.-1-28.14 Assessment: Land $23,000 Total $23,000

by deleting such Parcel from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: Allegany County Medicaid Town of Genesee Genesee Fire e.

164.74 154.93 223.15 27.61

Shaffer, Kenneth Noel; Parcel 296.-1-6 Assessment: Land $2,600 Total $2,600

by deleting such Parcel from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

26 LEGISLATORS’ PROCEEDINGS

Allegany County Medicaid Town of Genesee Genesee Fire f.

$18.62 17.51 25.23 3.12

Jerald Harrier, Sr.; Parcel 298.-1-2.3 Assessment: Land $21,000 Total $21,000

by deleting such Parcel from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: Allegany County Medicaid Town of Genesee Genesee Fire

$150.42 141.46 203.74 25.21

5. That the Clerk of this Board is directed to forthwith mail a certified copy of this resolution to the various Tax Collectors for the Towns stated above together with the original copies of those applications completed in accordance with section two of this resolution. 6. The Clerk of this Board shall mail a copy of this resolution to the above named School and the amount to be charged to each School shall not be charged until 10 days after such mailing. Such amount shall be deducted by the County Treasurer from the money payable to each School as a result of school taxes returned after the date such amount is charged and which shall be paid to each School after May 1, 2004. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2004. Moved by: Mr. Nielsen Seconded by: Mr. Crandall

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 32-04 APPROVAL OF BOARD CHAIRMAN’S REAPPOINTMENTS TO 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 Keith Folts of Fillmore, New York, Reita Sobeck-Lynch of Wellsville, New York, Beverly Armstrong, Wellsville, New York, David Pullen, Houghton, New York and Mona Pettit of Cuba, New York to the Citizens Advisory Council To The Office For The Aging, with term of office for each commencing January 1, 2004 and expiring December 31, 2006, are confirmed. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Voice Vote

27 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 33-04 REAPPOINTMENT OF FOUR MEMBERS TO ALLEGANY COUNTY COMMUNITY SERVICES BOARD Offered by:

Human Services Committee

RESOLVED: 1. That Edna Howard of Belfast, New York, Karl Graves, Andover, New York, Gary Ogden of Scio, New York and Sandra P. Blake of Houghton, New York are reappointed to the Allegany County Community Services Board, with term of office for each to commence January 1, 2004, and expire December 31, 2007. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Voice Vote

RESOLUTION NO. 34-04 APPROVAL AND ADOPTION OF ALLEGANY COUNTY CELLULAR PHONE POLICY Offered by:

Technology Committee

RESOLVED: 1. That the Allegany County Cellular Phone Policy, as approved by the Technology Committee, is adopted as the official policy of the County. 2.

This resolution shall take effect immediately.

Moved by: Mr. Graffrath Seconded by: Mr. Reynolds

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 35-04 APPROVAL AND ADOPTION OF REVISED ALLEGANY COUNTY COMPUTER USE POLICY, E-MAIL USE POLICY AND INTERNET USE POLICY; REPEALING RESOLUTION NO. 147-2003 Offered by:

Technology Committee

RESOLVED: 1. That the revised Allegany County Computer Use Policy, as approved by the Technology Committee, is adopted as the official policy of the County. 2.

Resolution No. 147-2003 is REPEALED.

3.

This resolution shall take effect immediately.

Moved by: Mr. Burdick Seconded by: Mr. Sherman

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

28 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 36-04 REAPPROPRIATION OF 2003 FUNDS FROM THE AGRICULTURE FARM PROTECTION AGENCY GRANT TO PLANNING CONTRACTUAL EXPENSES ACCOUNT Offered by:

Planning and Development Committee

RESOLVED: 1. That the sum of $15,000 from the 2003 funds is reappropriated to the 2004 funds to Account No. A8020.4, with a sum of $12,500 credited to Revenue Account No. A10.3902.8020 for calendar year 2004. Moved by: Mrs. Myers Seconded by: Mr. Reynolds

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 37-04 APPROVAL OF AGREEMENT WITH 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 Offered by:

Human Services Committee

Pursuant to County Law § 224 (6) RESOLVED: 1. That Agreement in of Allegany and Allegany Visually Handicapped, Inc., training or aid to indigent approved.

the amount of $7,500 between the County County Association for the Blind and in relation to the rendering of service, blind in Allegany County during 2004, is

2. That the Chairman of this Board is authorized to execute said Agreement in triplicate. Moved by: Mr. Truax Seconded by: Mr. Reynolds

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 38-04 APPROVING INTERGOVERNMENTAL AGREEMENT BETWEEN EIGHT COUNTIES OF WESTERN NEW YORK PUBLIC HEALTH ALLIANCE FOR PUBLIC HEALTH PREPAREDNESS RESPONSE TO BIOTERRORISM AND RATIFYING EXECUTION OF AGREEMENT Offered by:

Human Services and Ways and Means Committees

RESOLVED: 1. That the Intergovernmental Agreement between eight Counties of Western New York Public Health Alliance for the Public Health Preparedness Response to Bioterrorism, acting by and through the Allegany County Health Department, is approved. 2. The execution of the Intergovernmental Agreement by the Public Health Director is ratified. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: Resolution No. 38-04 approves a contract whereby Erie County Department of Health will provide Public Health Preparedness/

29 LEGISLATORS’ PROCEEDINGS Response to Bioterrorism deliverables. The amount of the contract is $20,250 with no County dollars involved; funding is through grants provided by the Centers for Disease Control and Prevention.) RESOLUTION NO. 39-04 APPROVAL OF AGREEMENT BETWEEN COUNTY OF ALLEGANY AND JAMES MCGUINNESS & ASSOCIATES, INC. FOR THE USE OF COMPUTER SOFTWARE Offered by:

Human Services and Ways and Means Committees

RESOLVED: 1. That Agreement between the County of Allegany and James McGuinness & Associates, Inc. for the use of computer software, is approved. 2. That the Chairman of this Board is authorized to execute said Agreement. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: The Agreement approved in preceding Resolution No. 39-04 is a service contract renewal for the Preschool Special Education Program software. Total cost is $11,700 for 12 months, a savings of approximately $7,000 over current costs, and is necessary for the Health Department to utilize the software which is their interface with NYS SED.) RESOLUTION NO. 40-04 APPROVAL OF AGREEMENT WITH VOLUNTEER FIREMEN'S ASSOCIATION OF ALLEGANY COUNTY, INC., FOR PAYMENT OF 2004 BUDGETARY APPROPRIATION Offered by:

Public Safety Committee

Pursuant to County Law § 224 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 2004 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, 2004, with verified or certified vouchers therefor attached and (c) that any unused amount will be refunded to the County of Allegany. 2. That the County Treasurer shall not pay the aforesaid sum until a memorandum receipt signed by the President and Treasurer of said Association agreeing to comply with the terms of this resolution is delivered to his office. 3. That the Treasurer required to furnish a bond. Moved by: Mr. Reynolds Seconded by: Mr. Truax

of

said

Association

shall

not

be

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

30 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 41-04 APPROVAL OF AGREEMENT BETWEEN COUNTY OF ALLEGANY AND BETH E. FARWELL FOR SERVICES TO INDIGENT DEFENDANTS Offered by:

Public Safety and Facilities Planning and Management Committees Pursuant to County Law § 722

RESOLVED: 1. That Agreement between County of Allegany and Beth Farwell for the period January 14, 2004 to June 30, 2004, approved.

E. is

2. That the Chairman of this Board is authorized to execute said Agreement. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: Preceding Resolution No. 41-04 approves a six-month agreement with Attorney Beth E. Farwell to provide additional Public Defender services. One of Ms. Farwell’s three assistants has resigned and until a replacement is hired, Ms. Farwell will assume his existing caseload and future referrals for the additional monthly amount of $2,100. If these cases were not handled by Ms. Farwell, they would be assigned under the County’s Assigned Counsel Plan. The rates paid under the Assigned Counsel Plan have been drastically increased by the State; therefore this agreement will result in a significant net savings for the County.) RESOLUTION NO. 42-04 APPROVAL OF COMMUNITY PROJECTS APPROPRIATION CONTRACT (#M030058) BETWEEN THE STATE OF NEW YORK AND ALLEGANY COUNTY; ESTABLISHING CAPITAL PROJECT AND AUTHORIZING CHAIRMAN TO SIGN SUCH CONTRACT Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That the Community Projects Appropriation Contract (#M030058) in the amount of $40,000, between the State of New York and Allegany County, for the purpose of obtaining mobile radios for various fire department vehicles, is approved. 2. The Chairman of this Board is authorized to execute said Contract. 3. That the sum of $40,000 is appropriated to an account to be designated by the County Treasurer. Moved by: Mr. Russo Seconded by: Mr. Truax

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

31 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 43-04 APPROVAL OF COMMUNITY PROJECTS APPROPRIATION CONTRACT (#M030057) BETWEEN THE STATE OF NEW YORK AND ALLEGANY COUNTY; ESTABLISHING CAPITAL PROJECT AND AUTHORIZING CHAIRMAN TO SIGN SUCH CONTRACT Offered by:

Public Works and Finance Committees

RESOLVED: 1. That the Community Projects Appropriation Contract (#M030057) in the amount of $20,000, between the State of New York and Allegany County, for the testing and repair of several concrete bridge decks, is approved. 2. The Chairman of this Board is authorized to execute said Contract. 3. That the sum of $20,000 is appropriated to an account to be designated by the County Treasurer. Moved by: Mr. Graffrath Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 44-04 APPROVAL OF MEMORANDUM OF AGREEMENT WITH CORNELL COOPERATIVE EXTENSION ASSOCIATION OF ALLEGANY COUNTY AND AUTHORIZING COUNTY TREASURER TO MAKE APPROPRIATION PAYMENTS, IN RELATION TO THE 2004 BUDGETARY APPROPRIATION FOR THE WORK OF SUCH ASSOCIATION Offered by:

Resource Management Committee

Pursuant to County Law

§ 224 (8)

RESOLVED: 1. That Memorandum of Agreement between the County of Allegany and the Cornell Cooperative Extension of Allegany County, dated January 1, 2004, in relation to the payment of appropriations to such Association by the County and the providing of services for such appropriations, is approved. 2. That the County Treasurer is authorized and directed to pay one quarter of the sum provided in the 2004 County Final Budget for such Association in advance on the first day of each quarter beginning January 2004, 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, after receipt before the first of such payments of a Memorandum Receipt signed by such Association Treasurer agreeing to comply with the terms of this resolution. Moved by: Mr. Sherman Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

32 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 45-04 APPROVAL OF AGREEMENT WITH ALLEGANY COUNTY AGRICULTURAL SOCIETY FOR PAYMENT OF 2004 BUDGETARY APPROPRIATION Offered by:

Resource Management Committee

RESOLVED: 1. That Agreement between the County of Allegany Allegany County Agricultural Society, is approved.

and

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 $6,500 and charge Account No. A8752.4 therefor. Moved by: Mr. Sherman Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

Resolution Intro. No. 46-04 (Requesting President and United States Congress to Remove Milk and Dairy Products from U.S.Australia Free-Trade Agreement) was not pre-filed and was considered from the floor on a motion made by Legislator Sherman, seconded by Legislator Reynolds and carried. RESOLUTION NO. 46-04 REQUESTING PRESIDENT AND UNITED STATES CONGRESS TO REMOVE MILK AND DAIRY PRODUCTS FROM U.S.-AUSTRALIA FREE-TRADE AGREEMENT Offered by:

Resource Management Committee

WHEREAS, the United States and Australia are currently negotiating a free-trade agreement which proposes to include reducing import restrictions on milk and dairy products, and WHEREAS, the inclusion of milk and dairy products in such agreement could result in serious negative financial impact on dairy and dairy related industries in Allegany County, and WHEREAS, if current restrictions on the import Australian dairy products were lowered Class II, III and IV dairy product imports could triple, including dried milk products, cheeses, bakery, candy and soup products, and WHEREAS, such an increase in Australian dairy imports could displace more than 13 percent of United States milk production, cost U.S. dairy farmers on average 2.6 billion dollars annually due to lower milk prices over the 9 year term of the proposed agreement, cause several thousand dairy farmers nationwide to go out of business and negatively impact over one million dairy sector jobs and seriously hamper the economic viability of rural economics, now, therefore, be it RESOLVED: 1. That this Board requests the President of the United States, and Congress to protect the economic viability of the United States dairy industry by removing dairy products from the proposed US-Australia Free-Trade Agreement.

33 LEGISLATORS’ PROCEEDINGS 2. That the Clerk of this Board is directed to forward a certified copy of this resolution to President George W. Bush, United States Senators Charles E. Schumer and Hillary Rodham Clinton and United States Representative Amory Houghton, Jr. Moved by: Mr. Sherman Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

Legislator Reynolds commented on recently introduced State legislation that would dramatically increase fees for handgun registrations. The government has so far been unsuccessful in its attempts to restrict Second Amendment rights and is now trying to make handgun ownership unaffordable. Legislator Reynolds encouraged contacting our representatives to voice opposition to this proposed legislation, which is due to come up for vote soon. AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Crandall and adopted on Absent, that the audit recommended by the County

Legislator Nielsen, seconded by Legislator a roll call vote of 13 Ayes, 0 Noes, 2 of claims be approved for payment as Administrator.

The meeting was adjourned on a motion made Reynolds, seconded by Legislator Dibble and carried.

by

Legislator

-------February 23, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Vice-Chairman Bennett. Pledge of allegiance to the flag. The invocation was given by Legislator Regan. Roll Call:

All present except Legislator Palmer.

PUBLIC HEARING: Vice-Chairman Bennett closed the regular meeting to hold a public hearing on Local Law Intro. No. 1-2004, entitled “A Local Law Amending Local Law No. 1 of 1994 to Establish Longevity Increments for Certain County Officers and Non-Unit County Employees.” There being no one desiring to offer comment, the public hearing was declared closed and the meeting reconvened in regular session. APPROVAL OF MINUTES: The Board meeting minutes of January 5, 12, and 26, 2004 were approved on a motion made by Legislator Dibble, seconded by Legislator Sherman and carried. PRIVILEGE OF THE FLOOR: Vice-Chairman Bennett granted privilege of the floor to Jodi Bailey, from the American Red Cross, to speak on their “Together We

34 LEGISLATORS’ PROCEEDINGS Prepare” campaign. The Allegany County Chapter has devoted itself to educating individuals, families, schools, and businesses on disaster preparedness. Representatives were present from the offices of the County Attorney, County Clerk, Probation, Public Works, Cornell Cooperative Extension, Human Resources, and Sheriff, to answer any questions regarding their 2003 Annual Reports. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the Annual Reports from Emergency Services, Board of Elections, Health Department, Coroners, Community Services, Real Property Tax Service Agency, and Fire Service, for review. 2. Also placed on each legislator’s desk was a booklet describing the Advisory Committees and Boards to the Allegany County Board of Legislators, compiled in the office of the Clerk of the Board. 3. Certificates of Withdrawal of Delinquent Tax Liens were filed on February 13, 2004 by the County Treasurer in the Clerk of the Board’s Office for property in the Towns of Andover, Angelica, and West Almond, pursuant to Article 11 of the Real Property Tax Law of the State of New York. 4. Correspondence was received inviting legislators to attend the Allegany County Domestic Violence Consortium planning meeting scheduled for March 10 at the Powell Campus Center in Alfred, New York. 5. The David A. Howe Library 2003 Annual Report was received in the Clerk of the Board’s Office. 6. Correspondence was received inviting legislators to attend the Launch of the Leadership Circle of Western New York presented by Alfred State College President, Dr. Uma Gupta, on Tuesday, March 9, 2004, from 7:30 to 9:00 a.m. APPOINTMENTS: The Clerk of the Board announced that Chairman Palmer appointed Sarah L. McCoy of Cuba, New York, as a member of the Allegany County Citizens Advisory Committee on Tourism, to serve at his pleasure. The Clerk of the Board announced that Chairman Palmer, in a joint measure with Gerard Fitzpatrick, Chairman of the Cattaraugus County Board of Legislators, appointed Mary Ann Thomas and Darwin L. Fanton to serve on the Cattaraugus-Allegany Workforce Investment Board for a three-year term commencing February 6, 2004, and expiring December 31, 2006. PROCLAMATION: The Clerk of the Board announced that Chairman Palmer proclaimed March 2004 as Red Cross Month in Allegany County and urged all residents to work through the American Red Cross to help prepare their families and communities for emergencies. He asked that citizens continue to give their time, financial contributions, and blood donations to support this worthy organization’s mission to prevent and relieve suffering and to save lives.

35 LEGISLATORS’ PROCEEDINGS RESOLUTIONS: RESOLUTION NO. 47-04 ADOPTION OF LOCAL LAW INTRO. NO. 1-2004, PRINT NO. 1, IN RELATION TO A LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 1994 TO ESTABLISH LONGEVITY INCREMENTS FOR CERTAIN COUNTY OFFICERS AND NON-UNIT COUNTY EMPLOYEES Offered by:

Personnel Committee

RESOLVED: 1. That proposed Local Law, Intro. No. 1-2004, Print No. 1, is adopted without any change in language, to wit: COUNTY OF ALLEGANY Intro. No. 1-2004

Print No. 1

A LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 1994 TO ESTABLISH LONGEVITY INCREMENTS FOR CERTAIN COUNTY OFFICERS AND NON-UNIT COUNTY EMPLOYEES BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows: Sections 1. and 2. of Local Law No. 1 of the year 1994 are deleted and a new Section 1. is added as follows: Section 1. Each appointed and elected county officer, excluding a county legislator, and each non-unit county employee, who completes on or after the first day of January, nineteen hundred ninety-five, the years of continuous service set forth below, shall accrue on the date of completion of such applicable years of continuous service, the noncumulative amount set forth below that applies to the years of continuous service which such officer or employee completes, to wit: Years of Service 7 to 10 10 to 15 15 to 20 20 to 25 25 or more

Amount $600 900 1100 1300 1650

Section 2. That Section 3. is renumbered 2., Section 4. is renumbered 3. and Section 5. is renumbered 4. Section 3. This local law shall take effect on the first day of January, two thousand four. Moved by: Mr. Burdick Seconded by: Mr. Reynolds

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Following adoption of Resolution No. 47-04, Local Law Intro. No. 1-2004 is numbered Local Law No. 1-04.)

36 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 48-04 REQUESTING GOVERNOR TO REMOVE EMPIRE ZONE AMENDMENTS FROM PROPOSED BUDGET; REQUESTING STATE LEGISLATURE TO DEFEAT SUCH PROPOSED AMENDMENTS Offered by:

Planning and Development Committee

WHEREAS, the Friendship Empire Zone has provided a significant economic benefit to the growth and expansion of businesses in Allegany County, and WHEREAS, changes in the Empire Zone Program contained in the Governor’s 2004-2005 proposed budget will have an adverse impact on the Friendship Empire Zone and the businesses within the Zone, and WHEREAS, the Governor’s proposed budget will make it impossible to complete economic development projects in the 16 communities of the Friendship Empire Zone, and WHEREAS, the proposed restrictions on zone boundaries will place rural areas at a distinct disadvantage compared to county-wide or city census tracked zones for businesses seeking a site, now, therefore, be it RESOLVED: 1. That this Board requests the Governor to remove the proposed amendments to the Empire Zone Program from his 2004-2005 proposed budget and, in the event such changes are not removed, urges the New York State Legislature to defeat such proposed amendments. 2. That the Clerk of this Board is directed to send a certified copy of this resolution to Governor George Pataki, Members of the Assembly, Catharine M. Young and Daniel J. Burling, State Senator Patricia McGee and the Governor’s local representative William Heaney. Moved by: Mrs. Myers Seconded by: Mr. Reynolds

Adopted:

Voice Vote

RESOLUTION NO. 49-04 RESOLUTION AMENDING SUPERINTENDENT OF PUBLIC WORKS' RULES AND REGULATIONS FOR THE MAINTENANCE AND OPERATION OF ALLEGANY COUNTY'S SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY Offered by:

Public Works Committee

RESOLVED: 1. Section 5(a)(8) of the Superintendent of Public Works’ Rules and Regulations for the Maintenance and Operation of Allegany County’s Solid Waste Management and Resource Recovery, as last amended by Resolution No. 276-03, is amended to read as follows: (8)(i)(a) The following construction and demolition debris is acceptable at all solid waste transfer stations: A. Up to three (3) cubic yards per hauler per day or an amount equal to one full-size pickup truck load leveled to the side rails of the truck (excluding trucks with dump boxes) or up to six (6) fifty-five (55) gallon drums which shall contain no liquid.

37 LEGISLATORS’ PROCEEDINGS

B. Material not longer than three (3) feet in length. C. All recyclable scrap metal. (b) The following construction and demolition debris is not acceptable at solid waste transfer stations: A. Roofing or siding shingles. B. Bricks, concrete blocks, rocks, concrete, asphalt or soil. (ii)(a) The following construction and demolition acceptable at the Allegany County Landfill: A. Up to one ton per hauler per day. weighed on the Landfill scales.

debris

is

All loads must be

(b) The following construction and demolition debris is not acceptable at the Allegany County Landfill: A. Amounts greater than one ton per hauler per day. B. Bricks, concrete blocks, rocks, concrete, asphalt or soil. Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 50-04 APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT OF LEGISLATIVE REPRESENTATIVE MEMBERS AND THE REAPPOINTMENT OF SPORTSMEN’S REPRESENTATIVE MEMBERS TO REGION NINE FISH AND WILDLIFE MANAGEMENT BOARD Offered by:

Resource Management Committee

Pursuant to Environmental Conservation Law § 11-0501 RESOLVED: 1. That the appointment, by the Chairman of this Board, of Edmund C. Burdick, to the Region Nine Fish and Wildlife Management Board, as a Legislative Representative Member, and Patrick Regan, as an Alternate Legislative Representative Member, each with term of office commencing January 1, 2004 and expiring December 31, 2005, are approved. 2. That the reappointment, by the Chairman of this Board, of Derwood Say, to the Region Nine Fish and Wildlife Management Board, as a Sportsmen’s Representative Member, and John Lewis, as an Alternate Sportsmen’s Representative Member, each with term of office commencing January 1, 2004 and expiring December 31, 2005, are approved. Moved by: Mr. Sherman Seconded by: Mr. Reynolds

Adopted:

Voice Vote

38 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 51-04 REAPPOINTMENT OF ONE LEGISLATOR MEMBER AND APPOINTMENT OF NEW LEGISLATOR MEMBER TO THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD; REAPPOINTMENT OF COUNTY FARM BUREAU APPOINTEE TO THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD Offered by:

Resource Management Committee

Pursuant to Soil and Water Conservation District Law §§ 6 and 7 RESOLVED: 1. That Rodney K. Bennett is reappointed as County Board of Legislator Member, and Edgar Sherman is appointed as County Board of Legislator Member, to the Allegany County Soil and Water Conservation District Board, each with term of office commencing January 1, 2004 and expiring December 31, 2004. 2. That Mark Bainbridge is reappointed to the Allegany County Soil and Water Conservation District Board, as County Farm Bureau Appointee, with term of office commencing January 1, 2004 and expiring December 31, 2006. Moved by: Mr. Sherman Seconded by: Mr. Graffrath

Adopted:

Voice Vote

RESOLUTION NO. 52-04 AUTHORIZING SALE AND CONVEYANCE OF COUNTY'S INTEREST IN REAL PROPERTY IN TOWN OF FRIENDSHIP TO FRIENDSHIP DAIRIES, INC.; AUTHORIZING CHAIRMAN TO EXECUTE DEED Offered by:

Public Works and Ways and Means Committees

WHEREAS, the County is the owner located in the Town of Friendship, and

of

certain

real

property

WHEREAS, such property is not being occupied or used by the County and there is no planned use of it by the County, and WHEREAS, Friendship Dairies, Inc. of Friendship, New York has offered to purchase such property for $367.50, now, therefore, be it RESOLVED: 1. That this Board authorizes the sale to Friendship Dairies of Friendship, New York the following described premises in the Town of Friendship, County of Allegany and State of New York and bounded and described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Friendship, County of Allegany, State of New York, bounded and described as follows: Beginning at the intersection of the south right-of-way bounds of the existing County Route #20 and the south right-of-way bounds of the previous County Route #20 as labeled point of beginning (POB) on a sketch attached hereto; thence easterly along said southern bounds of the previous County Route #20 right-of-way a distance of 820.56’ + to a point; thence northerly 66.00’ + to a point; thence westerly along the northern bounds of said right-of-way a distance of 477.89’ + to a point; thence northerly a distance of 24.74’ + to a point on the south bounds of existing County Route #20 right-of-

39 LEGISLATORS’ PROCEEDINGS way; thence south-westerly along the southern bounds of County Route #20 right-of-way a distance of 350.48’ + to the point of beginning; containing 1.05 acres of land, more or less. EXCEPTING and RESERVING to grantor, its successors and assigns, all oil, gas and minerals in, under and upon the above described property. SUBJECT TO all easements and rights of way of record or visible possession. TOGETHER with all the appurtenances and all the estate rights of the party of the first part in and to said premises.

and

TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, its successors and assigns forever. The County of Allegany shall in no event be or become liable for any defects in or encumbrances or liens on the title hereby conveyed for any cause whatsoever. No claim or demand of any nature that arises from this sale or any of the proceedings leading hereto shall ever be made against the County of Allegany. It is understood and agreed that the County of Allegany is hereby conveying only such land as aforesaid and described above, and that said property shall be located and laid out by and at the expense of the party of the second part. 2. That the Chairman of this Board is authorized to execute and deliver a quit claim deed for said premises upon payment of the amount of $367.50 by purchaser. 3. That the costs of any taxes, transaction fees and attorney fees in the amount of $75.00 are to be borne by the purchaser. Moved by: Mr. Graffrath Seconded by: Mr. Nielsen

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 53-04 AUTHORIZING SALE AND CONVEYANCE OF COUNTY'S INTEREST IN REAL PROPERTY IN TOWN OF ALMOND TO GARY GEORGE; AUTHORIZING CHAIRMAN TO EXECUTE DEED Offered by:

Public Works and Ways and Means Committees

WHEREAS, the County is the located in the Town of Almond, and

owner

of

certain

real

property

WHEREAS, such property is not being occupied or used by the County and there is no planned use of it by the County, and WHEREAS, Gary George has offered to exchange an adjacent parcel of property in the Town of Almond for the property authorized to be conveyed herein, WHEREAS, the two parcels of property are of equal value, and this Board believes it is in the best interest of the County to convey such property to Gary George in exchange for another parcel of property in the Town of Almond, now, therefore, be it RESOLVED: 1. That this Board authorizes the sale to Gary George of Almond, New York the following described premises in the Town of

40 LEGISLATORS’ PROCEEDINGS Almond, County of Allegany and State of New York and bounded and described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Almond, County of Allegany, State of New York, consisting of a 66 foot (maximum width) wide by six hundred and fifteen-foot + long parcel, bounded and described as follows: Starting at a point at the intersection of the North right-ofway (ROW) bounds of County Route 2, with the West ROW bounds of County Route 2A, said point being 33 feet + measured in a Northwesterly direction from the centerline of County Route 2, and 33 feet + measured in a Southwesterly direction from the centerline of County Route 2A, said point being a property corner of property owned by Gary George, in the Town of Almond, by deed recorded in the Allegany County Clerk’s Office in Liber 1131 of Deeds at Page 181; thence in a Southwesterly direction along the North ROW bounds of County Route 2, a distance of 33.15 feet + to the point of beginning (POB); thence in a Northwesterly direction along a curve to the left, a distance of 619.11 feet + to a point, said point being the intersection of the existing West ROW bounds of County Route 2A and the proposed West ROW bounds of County Route 2A, and 33 feet + measured in a Southwesterly direction from and perpendicular to the centerline of County Route 2A, thence in a Southeasterly direction, along the proposed West ROW bounds 33 feet offset from proposed centerline of County Route 2A, along a curve to the right, a distance of 615.26 feet + to a point on the North ROW bounds of County Route 2; thence in a Northeasterly direction along the North ROW bounds of County Route 2, along a curve to the right, a distance of 66.00 feet + to the point of beginning; containing 0.6 acres of land, more or less. EXCEPTING and RESERVING to grantor, its successors and assigns, all oil, gas and minerals in, under and upon the above described property. SUBJECT TO all easements and rights of way of record or visible possession. TOGETHER with all the appurtenances and all the estate rights of the party of the first part in and to said premises.

and

TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, its successors and assigns forever. The County of Allegany shall in no event be or become liable for any defects in or encumbrances or liens on the title hereby conveyed for any cause whatsoever. No claim or demand of any nature that arises from this sale or any of the proceedings leading hereto shall ever be made against the County of Allegany. It is understood and agreed that the County of Allegany is hereby conveying only such land as aforesaid and described above, and that said property shall be located and laid out by and at the expense of the party of the second part. 2. That the Chairman of this Board is authorized to execute and deliver a quit claim deed for said premises. Moved by: Mr. Graffrath Seconded by: Mr. Heineman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

41 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 54-04 INCREASE IN APPROPRIATION AND REVENUE ACCOUNTS ESTABLISHED FOR THE CHIPS PROGRAM Offered by:

Public Works and Finance Committees

RESOLVED: 1. That Appropriation Account No. D5112.223 is increased by $43,360 and Revenue Account No. D10.3501.00 is increased by $43,360 to allocate the SFY 03-04 County Highway Improvement Program (CHIPS) funds remaining from 2003. Moved by: Mr. Graffrath Seconded by: Mr. Crandall

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 55-04 REAPPROPRIATION OF NON-BUDGETED STATE GRANT-IN-AID FUNDS FROM NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR YOUTH COURT PROGRAM Offered by:

Resource Management Committee

RESOLVED: 1. That the sum of $26,500 in non-budgeted State grant-in-aid is reappropriated as follows: Appropriation Account No. A7321.1 A7321.4 A7321.8

Amount $21,147 233 5,120

Revenue Account No. A08.2705.3825 A10.3825.7321

Amount $ 8,833 17,667

Moved by: Mr. Sherman Seconded by: Mrs. Myers

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Resolution No. 55-04 reappropriates the remaining funds for the BYRNE grant fiscal year 07/03-06/04. The grant was accepted per Resolution No. 210-03 and by acceptance of this funding, the County is obligated for the local share portion of $8,833, which will be generated by gifts and donations, no tax dollars.) RESOLUTION NO. 56-04 APPROVAL OF AIR MEDICAL SERVICES CONTRACT WITH MERCY FLIGHT, INC. FOR 2004 Offered by:

Human Services Committee

RESOLVED: 1. That Air Medical Services Contract between Mercy Flight, Inc. and the County of Allegany, in relation to providing air medical services in Allegany County in 2004, is approved. 2. That the Chairman of this Board is authorized to execute such contract. Moved by: Mr. Truax Seconded by: Mr. Sobeck

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

42 LEGISLATORS’ PROCEEDINGS (Memo: The cost for services to be performed by Mercy Flight, Inc. as provided for in the Contract approved in Resolution No. 56-04, is $10,000) RESOLUTION NO. 57-04 APPROVAL OF CLAIMS SERVICE CONTRACT BETWEEN ALTERNATIVE SERVICE CONCEPTS, LLC AND ALLEGANY COUNTY Offered by:

Personnel Committee

RESOLVED: 1. That the Claims Service Contract between the County and Alternative Service Concepts, LLC, is approved. 2. That the Chairman of this Board is authorized to execute said Contract. Moved by: Mr. Russo Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The Contract approved in Resolution No. 57-04 provides claims administration services for the period February 1, 2004 through February 1, 2005 and is required under the terms of the County’s self-insured retention package. Services relate to claims arising out of coverages under insurance policies issued by NYMIR through Richardson & Stout Insurance Company. The cost for the contract period is $12,355 ($475 higher than last year’s $11,880). Any claim remaining open after 24 months will be subject to an annual maintenance fee of $400.) RESOLUTION NO. 58-04 APPROVAL OF ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT AGREEMENT IN RELATION TO COUNTY REFORESTED LANDS, COUNTY PARKS AND RECREATION AREAS Offered by:

Resource Management Committee

RESOLVED: 1. That Agreement between County of Allegany and Allegany County Soil and Water Conservation District in relation to County reforested lands, County parks and recreation areas, is approved. 2. That the Chairman of this authorized to execute the Agreement.

Board

of

Legislators

is

3. That the County Treasurer, upon receipt of a true executed copy of the Agreement, is authorized and directed to remit to the District the sum of $10,000 and charge Account No. A8710.494 therefor. Moved by: Mr. Sherman Seconded by: Mrs. Myers

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

Resolution Intro. No. 59-04 (A Resolution in Opposition to Governor George Pataki’s Executive Budget Proposal Targeting Gun Owners) was not pre-filed and was considered from the floor on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried. Resolution Intro. No. 59-04 (A Resolution in Opposition to Governor George Pataki’s Executive Budget Proposal Targeting Gun

43 LEGISLATORS’ PROCEEDINGS Owners) was amended on a motion by Legislator Regan, seconded by Legislator Burdick and carried, by adding the word “legally” in the last Whereas after the words “too expensive to.” RESOLUTION NO. 59-04 A RESOLUTION IN OPPOSITION TO GOVERNOR GEORGE PATAKI’S EXECUTIVE BUDGET PROPOSAL TARGETING GUN OWNERS Offered by: Legislators Bennett, Crandall, Nielsen, Burdick, Myers, Truax, Dibble, Regan, Sherman, Graffrath, Russo, Sobeck, Heineman, Palmer and Reynolds WHEREAS, in an attempt to generate revenue and close the state’s enormous budget cap, Governor George Pataki has included in his Executive Budget a proposal that targets, and seeks to profit from, law-abiding gun owners, and WHEREAS, the provision in budget bills S.6056/A.9556 will require handgun licensees to pay a $100 certification fee to the state and institute a five-year expiration period for licenses (currently most jurisdictions issue lifetime licenses), and charge a fee of $25 for each handgun owned, and WHEREAS, this proposal would remove the caps on local processing fees, which means fees can be expected to climb, and WHEREAS, removing the caps on local processing fees could price gun owners, sportsmen, and collectors out of the market in many jurisdictions, and WHEREAS, instead of directly banning handguns, this proposal would simply make it too expensive to legally own handguns, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators goes on record as opposing this proposal in Executive Budget S.6056/A.9556. 2. That the Clerk of this Board is directed to transmit a certified copy of this Resolution to Governor George Pataki, Joseph Bruno, Speaker Pro Tem and Majority Leader of the New York State Senate, Sheldon Silver, Speaker of the New York State Assembly, Senator Patricia McGee, Assembly Members Catharine Young, and Daniel Burling, and all others deemed necessary and proper. Moved by: Mr. Reynolds Seconded by: Mr. Dibble

Adopted:

Voice Vote

AUDITS: A motion was made by Legislator Truax, seconded by Legislator Sherman and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Nielsen, seconded by Legislator Truax and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims be approved for payment as recommended by the County Administrator. The meeting was adjourned on a motion made Nielsen, seconded by Legislator Truax and carried. --------

by

Legislator

44 LEGISLATORS’ PROCEEDINGS March 8, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Dibble. Roll Call:

All present except Legislator Regan.

PRIVILEGE OF THE FLOOR: Chairman Palmer granted privilege of the floor to Robert P. Carr, President of Carr Marketing Communications. Mr. Carr facilitated the legislative strategic planning sessions held during the past two months, which culminated in the development of “Focus 2004 - A Strategic Planning Document.” Four key focus areas were identified to address in 2004: Economic Development, Finances, Communication, and Tourism/Recreation. Specific issues and objectives, actions, entity responsibility, and completion dates were developed within these main focus areas. The strategic planning document will guide efforts in the coming year to enable County government to operate more efficiently and effectively. Jesse Case, Tourism Specialist, was granted privilege of the floor to present the 2004 Allegany County Travel Guide. 150,000 copies were printed with two different covers (the winter cover was omitted this year to cut expense). The guide was upgraded to include more photos and only major events are listed on the calendar, with readers being encouraged to visit the County web site for more detailed listings. Privilege of the floor was also granted to Madeleine Gasdik, Director of Administrative Services for Allegany Arc, who spoke on her work with people with developmental disabilities. She distributed a fact sheet that highlights Arc programs and thanked the Chairman for the proclamation for Developmental Disabilities Awareness Month, which will be read later in the meeting. Representatives were present from the offices of Emergency Services, Board of Elections, Health Department, Coroners, Community Services, Real Property Tax Service Agency, and Fire Service, to answer any questions regarding their 2003 Annual Reports. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the Annual Reports from Employment and Training, Veterans’ Service Agency, Youth Bureau, STOP DWI Program, District Attorney, Public Defender, and Workers’ Compensation, for review. 2. Also placed on each legislator’s desk were copies of the Board meeting minutes of February 9 and 23, 2004 for review. 3. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of February 2004. 4. Correspondence was received from the Association for the Blind thanking the Board appropriation.

Allegany County for their 2004

5. The Allegany County Grange submitted a Resolution requesting the Board of Legislators to implement a split-payment

45 LEGISLATORS’ PROCEEDINGS system, without penalties, for tax payment. County Treasurer is investigating this issue.

It was noted that the

6. Noted received was the Seneca Trail Resource Conservation and Development Council’s 2003 annual report. 7. A media release was received from Southern Tier West Regional Planning and Development Board highlighting their February Board meeting. 8. Notice was received of the next Inter-County Association meeting to be hosted by Schuyler County on March 19, 2004 at the Logan Ridge Estates Winery and Restaurant in Hector, New York. 9. An invitation was received for the Legislative Lunch sponsored by the Office for the Aging on March 12, 2004 at 11:00 a.m. at the Belmont American Legion. The luncheon will offer County legislators an opportunity to participate in a dialogue with the Citizens Advisory Council of the Office for the Aging, the staff of the Office for the Aging, and New York State and United States elected officials, to identify issues affecting the older citizens of Allegany County. PROCLAMATION: Chairman Palmer proclaimed March 2004 as Developmental Disabilities Awareness Month in Allegany County and urged citizens to give full support to efforts toward enabling people with mental retardation to live productive lives and achieve their potential. RESOLUTIONS: RESOLUTION NO. 60-04 BOND RESOLUTION DATED MARCH 8, 2004 A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF COUNTY BRIDGES IN AND FOR THE COUNTY OF ALLEGANY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $775,000, AND AUTHORIZING THE ISSUANCE OF $775,000 BONDS OF SAID COUNTY TO PAY THE COST THEREFOR Offered by:

Finance Committee

WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; and WHEREAS, it is now desired to authorize the financing of such capital project, now, therefore, BE IT RESOLVED, by the affirmative vote of not less than twothirds of the total voting strength of the Board of Legislators of the County of Allegany, New York, as follows: Section 1. The reconstruction of County bridges in and for the County of Allegany, New York, including incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $775,000. Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance

46 LEGISLATORS’ PROCEEDINGS of $775,000 bonds of said County hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said County of Allegany, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said County a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the County Treasurer shall deem best for the interests of the County. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County by the facsimile signature of the County Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the County), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the County Treasurer. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the County Treasurer shall determine. Section 8. This resolution shall constitute official intent for purposes of Treasury Regulations 2. Other than as specified in this resolution, no are reasonably expected to be, reserved, allocated

a statement of Section 1.150monies are, or on a long-term

47 LEGISLATORS’ PROCEEDINGS basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized provisions of the Constitution.

in

violation

of

the

Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Wellsville Daily Reporter, the official newspaper, together with a notice of the Clerk of the Board of Legislators in substantially the form provided in Section 81.00 of the Local Finance Law. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Resolution No. 60-04 approves bonding for the reconstruction of three County bridges at an estimated cost of $775,000, including all incidental improvements and expenses associated with the bond, i.e. official statement preparation, legal ad fees, bond counsel, etc. The bridges are: BR #02-04, CR 15, Allen, $225,000; BR #04-01, CR2A, Almond, $285,000; and BR #23-04, CR7E, Rushford, $245,000.) RESOLUTION NO. 61-04 ESTABLISHMENT OF MAXIMUM RATES AND ALLOWANCES TO BE PAID BY DEPARTMENT OF SOCIAL SERVICES FOR BURIALS AND CREMATIONS OF PERSONS WHO DIE ON OR AFTER MARCH 9, 2004 Offered by:

Human Services and Ways and Means Committees

RESOLVED: 1. That subject to any of the provisions of section 2. of this resolution, the Allegany County Department of Social Services is authorized to pay to a licensed Funeral Director, in satisfaction of all funeral directing expenses incurred by such Director for the burial or cremation of any person for whom the law requires that his or her burial or cremation expenses be paid by the Allegany County Social Services District, the following maximum rates and allowances: BURIAL RATE Still born to one year One year and over

$ 500.00 $ 1,100.00

BURIAL ALLOWANCES a) The cost of removal at $100.00 plus $1.50 per mile, one way, not to exceed 100 miles from the place of business.

48 LEGISLATORS’ PROCEEDINGS b) The cost of transportation to the place of burial at $1.50 per mile, one way, not to exceed 100 miles from the place of business. c) The actual cost of all protective attire used to prevent workplace transmission of blood-borne infectious agents, not to exceed a total of $150.00. CREMATION RATE Direct Cremation Traditional funeral followed by cremation

$ 1,100.00 $ 1,100.00

CREMATION ALLOWANCES d)

The actual cost of cremation.

e)

The actual cost of a minimum cremation urn.

f) The cost of removal and transportation directly to the Crematory at $100.00 plus $1.50 per mile, one way, not to exceed 100 miles from the place of business. 2. That there shall be credited or applied towards payment of the burial rate and allowances or cremation rate and allowances, whichever rate and allowances are applicable, the following: a. any assets transferred or assigned to the Department, by or on behalf of such person prior to such person’s death, for application towards payment of such person’s burial or cremation expenses; b. any payments made or to be made by relatives, friends or personal representatives liable for such person’s burial or cremation expenses by operation of law or otherwise; c. any payments made or to be made by any government or agency thereof that can be legally applied towards payment of such person’s burial or cremation expenses, and d.

any burial or cremation insurance.

3. That Resolution No. 230-02 is repealed, but the provisions of such Resolution shall continue to apply to estates of such persons dying prior to the effective date of this resolution. 4. This resolution shall take effect on March 9, 2004, and shall apply to estates of such persons dying on or after March 9, 2004. 5. This resolution shall remain in effect for a period of at least three years from its effective date and continue thereafter until modified or repealed by resolution of the Board of Legislators. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The purpose of the revisions in the burial policy approved in Resolution No. 61-04 is to implement changes to reduce costs in the budget, and is estimated to save $31,200. The budget has already been adjusted.)

49 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 62-04 APPOINTMENT OF ONE MEMBER TO COUNTY BOARD OF HEALTH Offered by:

Human Services Committee

Pursuant to Public Health Law §§ 343 and 344 RESOLVED: 1. That Mohamad-Zahi Kassas, MD is appointed to the County Board of Health, with term of office commencing March 8, 2004, and expiring July 7, 2007. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted:

Voice Vote

RESOLUTION NO. 63-04 A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2003 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED WITH REGARD TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN; DIRECTING MAILING OF NOTICES OF APPROVAL OF APPLICATIONS FOR CORRECTED TAX ROLLS AND ORDERING THE VARIOUS TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS; PROVIDING FOR CHARGE BACKS OR CREDITS Offered by:

Ways and Means Committee

Pursuant to Real Property Tax Law § 554 WHEREAS, application, for the taxpayer hereafter described, has been made to the County's Director of Real Property Tax Service Agency, for the correction of certain errors affecting her real property on various tax rolls, and WHEREAS, the Director has transmitted to this Board the applications, in duplicate, together with a written report of his investigation of the claimed errors and his written recommendation for action thereon by this Board as to each application, and WHEREAS, this Board has examined each application and report to determine whether the claimed error exists, now, therefore, be it RESOLVED: 1. That pertaining to respective tax does determine exist and does

with regard to the application for the named taxpayer claimed errors regarding her real property on the rolls of the named Town, this Board of Legislators that the claimed errors as alleged in the application approve the application.

2. That the Chairman of this Board is authorized and directed to make a notation on the application and the duplicates thereof that it is approved, to enter thereon the respective correct extension of taxes as set forth by the Director in his report, to enter thereon the respective date of mailing of a notice of approval, to enter thereon the date of mailing of a certified copy of this resolution to the proper Tax Collector, and to sign thereon as Chairman. 3. That the Clerk of this Board is directed to mail to the below listed taxpayer a notice of approval stating, in substance, that her application made has been approved, to inform the Chairman of this Board of the date of the mailing thereof, and to inform such

50 LEGISLATORS’ PROCEEDINGS respective taxpayer of the applicable provisions seven of section 554 of the Real Property Tax Law.

of

subdivision

4. That the Tax Collector of the Town of Wellsville is ordered and directed to correct in the 2003 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a.

Miriam Van Etten; Parcel 252.-1-80./2 Assessment: Land $8,870 Total $8,870

by deleting such Parcel from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: Allegany County Town of Wellsville Wellsville Fire Total

$100.15 $ 54.71 $ 3.30 $158.16

5. That the Clerk of this Board is directed to forthwith mail a certified copy of this resolution to the various Tax Collectors for the Towns stated above together with the original copies of those applications completed in accordance with section two of this resolution. 6. The Clerk of this Board shall mail a copy of this resolution to the above named School and the amount to be charged to each School shall not be charged until 10 days after such mailing. Such amount shall be deducted by the County Treasurer from the money payable to each School as a result of school taxes returned after the date such amount is charged and which shall be paid to each School after May 1, 2004. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2004. Moved by: Mr. Nielsen Seconded by: Mr. Crandall

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 64-04 AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF TRANSPORTATION FEDERAL AID PROJECT, AND APPROPRIATING FUNDS THEREFOR Offered by:

Public Works and Ways and Means Committees

WHEREAS, a Project for the replacement of BINs 3047800 and 3047790, County Route 16 over Angelica and Baker Creeks, Town of Angelica, Allegany County, P.I.N. 6753.46 (the Project) is eligible for funding under Title 23 U. S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the County of Allegany desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the replacement of BINs 3047800 and 3047790, County Route 16 over Angelica and Baker Creeks, Town of Angelica, Allegany County, P.I.N. 6753.46, now, therefore, be it RESOLVED: 1. That the Allegany County approves the above-subject project.

Board

of

Legislators

hereby

51 LEGISLATORS’ PROCEEDINGS 2. That the Allegany County Board of Legislators hereby authorizes the County of Allegany to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design and Right-of-Way Incidental work for the Project or portions thereof. 3. That the sum of $220,000.00 is hereby appropriated from a Capital Project Account to be established by the County Treasurer, which account is to be funded in the 2005 Budget and made available to cover the cost of participation in the above phases of the Project. 4. That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the County of Allegany shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof. 5. That the Chairman of the Allegany County Board of Legislators is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiselli Aid on behalf of the County of Allegany with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of federal aid and state aid eligible Project costs and all Project costs within appropriations therefor that are not so eligible. 6. That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project. 7.

This Resolution shall take effect immediately.

Moved by: Mr. Graffrath Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 65-04 ACCEPTANCE OF ADDITIONAL MONEY UNDER THE BIOTERRORISM GRANT FOR SMALLPOX RELATED ACTIVITIES; INCREASING APPROPRIATIONS AND REVENUE ACCOUNTS Offered by:

Human Services and Ways and Means Committees

RESOLVED: 1. That the following appropriations and revenue accounts are increased as follows: Appropriation Accounts: A02.4189.201 A02.4189.401 A02.4189.403 A02.4189.408 A02.4189.456

$ 5,642 500 4,500 2,278 23,250

Revenue Account: A11.4489.4189

$36,170

Moved by: Mr. Truax Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

52 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 66-04 APPROVAL OF AGREEMENT WITH MEDICAL TRANSPORTATION MANAGEMENT, INC. (MTM), IN RELATION TO PROVIDING NON-EMERGENCY MEDICAL TRANSPORTATION SERVICES IN ALLEGANY COUNTY; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT Offered by:

Human Services and Ways and Means Committees Pursuant to County Law § 224 (6)

RESOLVED: 1. That Agreement between the County of Allegany and Medical Transportation Management, Inc., in relation to providing nonemergency medical transportation services in Allegany County, is approved. 2. That the Chairman of this Board is authorized to execute said Agreement upon the review and approval of the Agreement by the County Attorney. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The contract approved in Resolution No. 66-04 will be valid from April 1, 2004 through March 31, 2005, with opportunities for three annual extensions. Annual costs are $310,000 with potential for modification if the number of riders changes by 10 percent or more. Federal and State Aid cover seventy-five percent of costs bringing the County share down to $77,500. The County will realize a net savings of $60,500 with this contract.) RESOLUTION NO. 67-04 APPROVAL OF AGREEMENT WITH FIRST TRANSIT IN RELATION TO PROVIDING PUBLIC TRANSPORTATION SERVICES IN ALLEGANY COUNTY; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT Offered by:

Human Services and Ways and Means Committees Pursuant to County Law § 224 (6)

RESOLVED: 1. That Agreement between the County of Allegany and First Transit in relation to providing public transportation services in Allegany County is approved. 2. That the Chairman of this Board is authorized to execute said Agreement upon the review and approval of the Agreement by the County Attorney. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The agreement with First Transit approved in Resolution No. 67-04 is for a three-year period at an annual cost of $703,853, to operate six fixed routes. This cost is totally reimbursed by a combination of Federal and State Aid. First Transit (current vendor) and Medical Transportation Management, Inc. (MTM) were the only two respondents to the Request for Proposals to provide public transportation.)

53 LEGISLATORS’ PROCEEDINGS Resolution Intro. No. 68-04 (Authorizing Allegany County Sheriff to Apply for Funding with New York State Department of State for Wireless Enhanced 911 Expedited Deployment Grant Program) was not pre-filed and was considered from the floor on a motion made by Legislator Reynolds, seconded by Legislator Bennett and carried. RESOLUTION NO. 68-04 AUTHORIZING ALLEGANY COUNTY SHERIFF TO APPLY FOR FUNDING WITH NEW YORK STATE DEPARTMENT OF STATE FOR WIRELESS ENHANCED 911 EXPEDITED DEPLOYMENT GRANT PROGRAM Offered by:

Public Safety and Finance Committees

WHEREAS, funding is available through the New York State Department of State Office of Fire Prevention and Control for the Wireless Enhanced 911 Expedited Deployment Grant Program, and WHEREAS, the aforementioned grant is designed to provide funding to counties to assist them in achieving “Phase 2” capability for their 911 emergency call systems, and WHEREAS, the Allegany County Sheriff is desirous of applying for the aforementioned grant, now, therefore, be it RESOLVED: 1. That the Allegany County Sheriff be, and hereby authorized and directed to execute grant documents, on behalf Allegany County, with the New York State Department of State, order to apply for the above-described grant, according to above-described terms. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

is, of in the

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Resolution No. 68-04 approves the application for grant money from New York State in the amount of $47,794, which will be used to purchase a voice logging recorder and net clock to replace defective equipment and comply with wireless 911 standards.) Resolution Intro. No. 69-04 (Adoption of Allegany County Board of Legislators Focus 2004 – A Strategic Planning Document as Framework for County Strategic Planning for Year 2004) was not prefiled and was considered from the floor on a motion made by Legislator Myers, seconded by Legislator Reynolds and carried. RESOLUTION NO. 69-04 ADOPTION OF ALLEGANY COUNTY BOARD OF LEGISLATORS FOCUS 2004 – A STRATEGIC PLANNING DOCUMENT AS FRAMEWORK FOR COUNTY STRATEGIC PLANNING FOR YEAR 2004 Offered by:

Legislator Susan F. Myers

RESOLVED: 1. That the Allegany County Board of Legislators Focus 2004 – A Strategic Planning Document is adopted as framework for County strategic planning for year 2004. Moved by: Mrs. Myers Seconded by: Mr. Truax

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

54 LEGISLATORS’ PROCEEDINGS (Memo: It was noted that the Strategic Planning Document adopted in Resolution No. 69-04 is meant to be a general guideline in working toward established goals. Directions may change as the process is intended to be an on-going one.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Reynolds and adopted on Absent, that the audit recommended by the County

Legislator Nielsen, seconded by Legislator a roll call vote of 14 Ayes, 0 Noes, 1 of claims be approved for payment as Administrator.

The meeting was adjourned on a motion made by Legislator Truax, seconded by Legislator Reynolds and carried. -------March 22, 2004 The regular meeting of the Board of Legislators was called to order at 2:04 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Regan. Roll Call:

All present except Legislator Nielsen.

APPROVAL OF MINUTES: The Board meeting minutes of February 9 and 23, 2004 were approved on a motion by Legislator Dibble, seconded by Legislator Reynolds and carried. PRIVILEGE OF THE FLOOR: Chairman Palmer presented a certificate of appreciation to Robert Pederson for 27 years of dedicated service to the conservation of the environment and natural resources of Allegany County and implementation of USDA programs, emergency flood response and watershed protection measures. Chairman Palmer granted privilege of the floor to Linda Palmer, Vice President of the AFSCME bargaining unit, who spoke on behalf of the union employees present at the meeting to show opposition to the proposed layoff of 25 additional County workers. Representatives were present from the offices of Employment and Training, Veterans’ Service Agency, Youth Bureau, STOP DWI Program, District Attorney, Public Defender, and Workers’ Compensation, to answer any questions regarding their 2003 Annual Reports. Chairman Palmer recognized Whitesville Central School for winning the Section V Class D Basketball Title and participating in the New York State Public High School Athletic Association Final Four Games where they advanced to the NYS Finals. Whitesville’s final 2003-04 Basketball record is 25 and 2.

55 LEGISLATORS’ PROCEEDINGS ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the Annual Reports from Soil and Water Conservation, Parks and Forests, Traffic Safety, Traffic Safety Board, Traffic Safety Program, Weights and Measures, Information Technology, and Historian, for review. 2. Noted received in the Clerk of the Board’s Office was a letter from Allegany Arc thanking the Board for their recent donation in memory of former Legislator J. Charles Shine. 3. Correspondence was received from the Allegany/Western Steuben Rural Health Network inviting legislators to attend a Community Partnership on Aging Roundtable Discussion, April 28, 2004, 9:00 to 10:30 a.m., at Club Boomers in Scio. 4. Certificates of Withdrawal of Delinquent Tax Liens were filed on March 17, 2004 by the County Treasurer in the Clerk of the Board’s Office for property in the Town of West Almond pursuant to Article 11 of the Real Property Tax Law of the State of New York. RESOLUTIONS: Resolution Intro. No. 70-04 (Resolution Authorizing Study of Potable Water and Waste Water Service at Belvidere) was brought to the floor for consideration on a motion made by Legislator Reynolds, and seconded by Legislator Heineman. The County Planning Board has scheduled a meeting to address Interstate 86/State Route 19 Exit Strategies on March 31 with area townships. As more information will be available on this issue at the next Board meeting, a motion to TABLE Resolution Intro. No. 70-04 was made by Legislator Reynolds, seconded by Legislator Truax and carried. RESOLUTION NO. 70-04 APPROVAL OF A STATE LEGISLATIVE BILL WHICH AUTHORIZES ALLEGANY COUNTY TO IMPOSE AN ADDITIONAL ONE AND ONE-HALF PERCENT OF SALES AND COMPENSATING USE TAXES UNTIL NOVEMBER 30, 2005; DECLARING EXISTENCE OF NECESSITY AND REQUESTING PASSAGE OF BILL BY STATE LEGISLATURE Offered by:

Finance Committee

Pursuant to Municipal Home Rule Law § 40 WHEREAS, the only two substantial tax revenues available to Allegany County are real property and sales, and WHEREAS, Allegany County is at its sales tax limit, and WHEREAS, by Chapter 348 of the 2003 Laws of the State of New York, the County of Allegany was authorized to impose an additional one percent sales tax for the period December 1, 2003, to November 30, 2005, and WHEREAS, by Resolution No. 186-2003, such additional sales tax was imposed for such period, and WHEREAS, Allegany County is presently at 90.5 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

56 LEGISLATORS’ PROCEEDINGS WHEREAS, Allegany County has had no substantial growth in real estate assessed valuation in the past five years, and WHEREAS, in the current economic condition of Allegany County 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 RESOLVED: 1. That the Allegany County Board of Legislators approves of a State legislative bill bearing Senate No. 6162 and Assembly No. 9831, entitled AN ACT to amend the tax law, in relation to authorizing the County of Allegany to impose an additional one and one-half percent of sales and compensating use taxes 2. That such Board does declare that a necessity exists for the passage of such bill and requests its passage by the State Legislature. 3. That the Clerk of this Board is authorized and directed to submit to the Senate and Assembly the foregoing request in such form and manner that conforms to rules promulgated by concurrent resolution of the Senate and Assembly pursuant to Article 3-A of the Legislative Law. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 11 Ayes, 3 Noes, 1 Absent Voting No: Russo, Sobeck, Truax

(Memo: Resolution No. 70-04 was further clarified by Legislator Crandall who pointed out that legislation already exists for an additional one percent sales tax. This resolution requests authorization for another one-half percent.) RESOLUTION NO. 71-04 ACCEPTANCE OF NON-BUDGETED STATE GRANT-IN-AID FROM THE STATE OF NEW YORK FOR HOMELAND SECURITY AND APPROPRIATION OF SAME TO SHERIFF’S EQUIPMENT ACCOUNT Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That a non-budgeted State Grant-in-Aid in the amount of $10,000 from the State of New York for Homeland Security to purchase equipment and weapons for the multi-jurisdictional task force (ALERT), is approved. 2. That the sum of $10,000 is appropriated to Account No. A3110.2, with a like sum credited to Revenue Account No. A10.3389.3110. Moved by: Mr. Reynolds Seconded by: Mr. Crandall

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

57 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 72-04 MEMORIALIZING THE GOVERNOR AND STATE LEGISLATURE TO ALLOW COUNTIES FORMAL INPUT ON CONVERSIONS OF STATE AID TO MEDICAID Offered by:

Human Services Committee

WHEREAS, the NYS Office of Mental Health, the NYS Office of Mental Retardation and Developmental Disabilities, and the NYS Office of Alcoholism and Substance Abuse Services have a long history of converting direct State Aid for community-based programs to Medicaid reimbursements, and WHEREAS, the purpose of these conversions is to reduce the State’s financial contribution for services by replacing State Aid with Federal and local Medicaid contributions, and WHEREAS, State Aid allocations, particularly Reinvestment funding, allow local governments a measure of discretion and control over the use of funding to address local planning priorities, and WHEREAS, this measure of local control is eliminated Medicaid reimbursements are substituted for State Aid, and

when

WHEREAS, reliance upon Medicaid reimbursements increases the potential vulnerability of the financing of our behavioral health services system due to uncertainty over the Federal government’s future financing of its share of Medicaid, and WHEREAS, reliance upon Medicaid reimbursements ultimately exposes service provider agencies to Medicaid audit exceptions and potentially severe financial penalties, and WHEREAS, conversions to Medicaid reimbursements increase overhead costs for agencies due to the infrastructure required for billing and maintenance of medical records, and WHEREAS, conversions to Medicaid reimbursements will ultimately increase the county contribution of services unless the State agrees to hold the counties harmless from said contribution, and WHEREAS, the Allegany County Community Services Board has requested that the Allegany County Board of Legislators memorialize the Governor and the State Legislature to empower local governments to have greater input in the decision-making process concerning all future Medicaid conversions, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators hereby memorializes the Governor and the State Legislature to empower local governments in New York State to participate in the decision-making process for all future Medicaid conversion affecting behavioral health programs, with the structure for said participation to be developed in collaboration with the NYS Conference of Local Mental Hygiene Directors. 2. That the Clerk of this Board is directed to forward a copy of this resolution to Governor George Pataki, Assembly Speaker Sheldon Silver, Senate Majority Leader Joseph Bruno, Senator Patricia McGee, members of the Assembly Catharine Young and Daniel J. Burling, Inter-County Association of Western New York and NYSAC. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

58 LEGISLATORS’ PROCEEDINGS

RESOLUTION NO. 73-04 APPROVAL OF SPECIAL DELINQUENCY PREVENTION PROGRAM SUBCONTRACT AGREEMENTS AND YOUTH INITIATIVE AND SERVICE PROGRAM AND PROGRAM AGREEMENTS FOR CALENDAR YEAR 2004; PROVIDING PROGRAM FUNDS Offered by:

Resource Management and Ways and Means Committees

RESOLVED: 1. That the following Special Delinquency Prevention Program, Youth Initiative Service Program, and Program Agreements for calendar year 2004, are approved and appropriated as follows: Agreement

Amount

Allegany Area Council on Alcohol and Substance Abuse, Inc. (Prevention Education Referral)

Approp. Account

$5,000

7313.486

3821.04

Whitesville Central School (Youth Mentor/Intern Program)

$1,000

7313.487

3821.06

Allegany County Mental Health Association, Inc. (Youth Compeer Program)

$3,000

7313.488

3821.07

$10,600

7318.486

3822.02

Literacy Volunteers of Allegany County, Inc. (Peers Helping Peers)

$3,200

7318.483

3820.47

Southern Tier Youth For Christ, Inc. (Youth Center)

$4,700

7317.488

3820.07

Cattaraugus/Allegany BOCES (Government For Youth)

$3,505

7312.489

3820.10

Southern Tier Traveling Teacher (GED Program)

$3,793

7318.487

3822.03

Allegany Arts Association, Inc. (Summer Arts Festival)

$2,034

7312.483

3820.05

Allegany Area Council on Alcohol and Substance Abuse, Inc. (Week of Alternatives)

$4,000

7312.488

3820.85

Houghton College (First STEP)

$3,735

7317.489

3820.89

Houghton College (Project Allegany Student Outreach)

$5,200

7312.486

3820.15

$500

7311.483

3820.02

Allegany Area Council on Alcohol and Substance Abuse, Inc. (Natural Helpers)

$3,200

7312.487

3820.42

Houghton College (Special STEP)

$2,750

7313.493

3821.93

Allegany County Employment & Training (SYEP)

New York State Special Olympics (Special Olympics)

Revenue Account

59 LEGISLATORS’ PROCEEDINGS

Houghton College (Special First STEP)

$2,650

7313.494

3821.94

Wellsville Skate Park Association, c/o Southern Tier Youth For Christ (Wellsville Skate Park)

$3,000

7182.483

3820.7182

Southern Tier Traveling Teacher (Special GED Program)

$3,465

7315.487

3821.7315

$750

7319.483

3820.7319

$1,000

7181.483

3820.7181

Allegany County Chapter of the Red Cross (When I’m In Charge) Cuba Skate Park Association, c/o Friendship/Cuba Development Corp (Cuba Skate Park) Moved by: Mr. Sherman Seconded by: Mrs. Myers

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Account numbers were inaccurate on three of the sub-contract appropriations approved in Resolution 73-04, but were subsequently corrected by the Treasurer’s office and listed correctly above.) Resolution Intro. No. 75-04 (Determining that the Disposal in Allegany County of Out-of-County Municipal Solid Waste by the City of Hornell is in the Public Interest of Allegany County; Approval of Agreement with City of Hornell in Relation to Disposal of Municipal Solid Waste at County Landfill; Authorizing Board Chairman to Execute Agreement) was not pre-filed and was considered from the floor on a motion made by Legislator Graffrath, seconded by Legislator Reynolds and carried. RESOLUTION NO. 74-04 DETERMINING THAT THE DISPOSAL IN ALLEGANY COUNTY OF OUT-OF-COUNTY MUNICIPAL SOLID WASTE BY THE CITY OF HORNELL IS IN THE PUBLIC INTEREST OF ALLEGANY COUNTY; APPROVAL OF AGREEMENT WITH CITY OF HORNELL IN RELATION TO DISPOSAL OF MUNICIPAL SOLID WASTE AT COUNTY LANDFILL; AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENT Offered by:

Public Works Committee

Pursuant to Local Law No. 1 of 1991 RESOLVED: 1. That it is presently in the public interest of the County of Allegany to allow the disposal at the County landfill in the Town of Angelica of municipal solid waste from the City of Hornell in Steuben County. 2. That Agreement between the County of Allegany and City of Hornell, in relation to the City's disposal of municipal solid waste at the Allegany County Landfill, is approved. 3. That the Chairman of this Board is hereby authorized to execute said Agreement. Moved by: Mr. Graffrath Seconded by: Mr. Truax

Adopted: Roll Call 13 Ayes, 1 Noes, 1 Absent Voting No: Dibble

60 LEGISLATORS’ PROCEEDINGS (Memo: The agreement approved in Resolution No. 74-04 is for the period April 1, 2004 through March 31, 2005. The price per ton for the landfill capacity purchased is $23.00 with total tonnage not to exceed 4,500 tons. The 2004 budget already includes this revenue.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Reynolds and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Crandall, seconded by Legislator Truax and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims be approved for payment as recommended by the County Administrator. The meeting was adjourned on a motion made Reynolds, seconded by Legislator Dibble and carried.

by

Legislator

-------April 12, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Sherman. Roll Call:

All present except Legislator Reynolds.

PRIVILEGE OF THE FLOOR: Chairman Palmer presented certificates of achievement to the Whitesville Central School Blue Jays Boys’ Varsity Basketball Team in recognition of an outstanding 2003-04 season. The team earned the titles of Allegany County Class D Champs, Section V Class D Champs and participated in the NYSPHSAA Final Four Games with advancement to the New York State finals. Their final record for the season was 25 and 2. Representatives were present from the offices of Soil and Water Conservation, Parks and Forests, Traffic Safety, Traffic Safety Board, Traffic Safety Program, Weights and Measures, Information Technology, and Historian, to answer any questions regarding their 2003 Annual Reports. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the Annual Reports from Social Services, Development/Industrial Development Agency, Planning Board, Planner, Tourism, and County Administrator, for review. 2. Also placed on each legislator’s desk were copies of the Board meeting minutes of March 8 and 22, 2004 for review. 3. A media release was received from Southern Tier West Regional Planning and Development Board summarizing highlights of their March Board meeting.

61 LEGISLATORS’ PROCEEDINGS 4. Notice was received in the Clerk of the Board’s Office of the next Inter-County Association meeting to be hosted by Cattaraugus County on April 16 at the Jamestown Community College, Olean Campus. 5. The Department of Social Services Consolidated Services Plan for the period May 1, 2004 through December 31, 2006 was filed in the Clerk of the Board’s Office in March. 6. Certificates of Withdrawal of Delinquent Tax Liens were filed on March 23, 2004 by the County Treasurer in the Clerk of the Board’s Office for property in the Towns of Alma, Bolivar, Friendship, and Wellsville, pursuant to Article 11 of the Real Property Tax Law of the State of New York. 7. Correspondence was received from Assemblywoman Catharine Young acknowledging receipt and support of Resolution No. 59-04 opposing the Governor’s proposal targeting gun owners. Ms. Young indicates that she is not in favor of a renewable pistol license and increased fees. 8. Correspondence was also received from Shannon Ozzella, Crime Victims Coordinator, inviting legislators to attend the Crime Victims’ Rights Ceremony on April 23, 2004 at 4:00 p.m. in the Legislative Chambers. 9. A note was received from David Shine thanking the Board members for their recent donation to the Allegany Arc in memory of his father, former Legislator J. Charles Shine. 10. Correspondence was received from the Economic Development Advisory Board encouraging legislators not to raise the County Sales Tax. RESOLUTIONS: Resolution Intro. No. 70-04 (Resolution Authorizing Study of Potable Water and Waste Water Service at Belvidere) was automatically removed from the table. RESOLUTION NO. 75-04 RESOLUTION AUTHORIZING STUDY OF POTABLE WATER AND WASTE WATER SERVICE AT BELVIDERE Offered by: Legislator James G. Palmer and Planning and Development Committee WHEREAS, Allegany County is in need of tourism and economic development activities, and WHEREAS, on March 8, 2004 strategic development plan, the develop a plan for economic Interstate 86 and New York State

the Board of Legislators adopted a number one priority of which was to activity at the intersection of Route 19, and

WHEREAS, the development of a system to deliver water and dispose of sewage at the intersection of Interstate 86 and Route 19 is necessary for the economic development of the area, and WHEREAS, LaBella Associates, P.C. has submitted a Belvidere Area Engineering Report dated February 19, 2004 wherein LaBella proposes to study and develop a plan for the supply of potable water and the disposal of sewage at the intersection of Interstate 86 and Route 19, now, therefore, be it

62 LEGISLATORS’ PROCEEDINGS

RESOLVED: 1. That based upon the Belvidere Area Engineering Report dated February 19, 2004, LaBella Associates, P.C. is authorized to proceed with a study for the supply of potable water and the disposal of sewage at the intersection of Interstate 86 and New York State Route 19 at a cost not to exceed $12,900. Moved by: Mrs. Myers Adopted: Roll Call Seconded by: Mr. Dibble 10 Ayes, 4 Noes, 1 Absent Voting No: Graffrath, Russo, Sherman, Sobeck RESOLUTION NO. 76-04 AUTHORIZING COUNTY ADMINISTRATOR, SUPERINTENDENT OF PUBLIC WORKS AND COUNTY ATTORNEY TO REVIEW AND APPROVE RENTAL OR LEASE OF REAL PROPERTY; REQUIRING APPROVAL OF COMMITTEE OF JURISDICTION AND FACILITIES PLANNING AND MANAGEMENT COMMITTEE AND RESOLUTION OF BOARD OF LEGISLATORS; REPEALING RESOLUTION NUMBER 74-01 Offered by:

Ways and Means Committee

RESOLVED: 1. Any County Officer, Department or Department head wishing to rent or lease real property shall, prior to entering into any agreement for such rental or lease, obtain permission from his/her Committee of jurisdiction which shall then refer the matter to the County Administrator for his review and approval. 2. Upon the approval of the County Administrator, the matter shall be referred to the Superintendent of Public Works and the County Attorney for review and approval. 3. Only upon the approval of the County Administrator, a resolution of the Facilities Planning and Management Committee and of the Board of Legislators shall such a rental or lease agreement be executed. 4.

That Resolution Number 74-01 is repealed.

Moved by: Mr. Nielsen Seconded by: Mr. Russo

Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: Sherman

RESOLUTION NO. 77-04 DELEGATING AUTHORITY FOR CERTAIN REAL PROPERTY TAX REFUNDS AND CORRECTION OF TAX BILLS AND TAX ROLLS Offered by:

Ways and Means Committee

Pursuant to Sections 554 (9)(a) and 556 (8)(a) of the Real Property Tax Law WHEREAS, Sections 554 and 556 of the Real Property Tax Law authorize the County Board of Legislators to delegate the authority to make real property tax refunds and correct tax bills and tax rolls where the recommended refund or correction is $2,500 or less, and WHEREAS, utilization resolutions per year, and

of

this

option

will

save

numerous

63 LEGISLATORS’ PROCEEDINGS

WHEREAS, it is proposed that the County Administrator, who is also the County Auditor, as the individual who audits bills for payments, would be the official to perform the delegated refund and correction duties, and WHEREAS, should the County Administrator as County Auditor deny the refund, the application would then be presented to the County Board of Legislators for its consideration, and WHEREAS, the delegation must be given each calendar year, now, therefore, be it RESOLVED: 1. This Board does delegate the authority to make real property tax refunds and to correct tax bills and tax rolls to the County Administrator as County Auditor pursuant to the above sections of the Real Property Tax Law. 2. That for the remainder of the calendar year 2004, the County Administrator as County Auditor is authorized to perform the duties of the County Board of Legislators in providing real property tax refunds, where the recommended refund is $1,000 or less, in accordance with Section 556 of the Real Property Tax Law. 3. That for the remainder of the calendar year 2004, the County Administrator as County Auditor is authorized to correct tax bills and tax rolls, where the recommended correction is $1,000 or less, in accordance with Section 554 of the Real Property Tax Law. Moved by: Mr. Nielsen Seconded by: Mr. Crandall

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 78-04 ADJUSTING APPROPRIATION AND REVENUE ACCOUNTS TO REFLECT REIMBURSEMENT FROM HEALTH DEPARTMENT FOR SERVICES OF LICENSED PROFESSIONAL ENGINEER Offered by:

Public Works and Finance Committees

WHEREAS, the following adjustments are approved to reflect reimbursement from the Health Department for services of a licensed professional engineer for review and sealing of septic systems, now, therefore, be it RESOLVED: 1.

That the following accounts are increased as follows: Revenue Account: D09.2801.20

$10,500

Appropriation Account: D5020.101

$10,500

Moved by: Mr. Graffrath Seconded by: Mr. Truax

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

64 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 79-04 ACCEPTANCE AND APPROPRIATION OF FUNDS FROM VARIOUS ORGANIZATIONS REPRESENTING THE LOCAL SHARE MATCH FOR THE BYRNE GRANT Offered by:

Resource Management and Finance Committees

RESOLVED: 1. That the sum of $6,525 from various organizations representing the local share matches for the Byrne Grant is accepted. 2. That the accepted sum of $6,525 from various organizations is appropriated to Revenue Account No. A08.2705.3825. Moved by: Mr. Sherman Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The Byrne Grant referred to in Resolution No. 79-04 funds the Youth Court program for the fiscal year July 1, 2003 through June 30, 2004.) RESOLUTION NO. 80-04 AUTHORIZING CONVEYANCE OF FORMER TAX SALE PROPERTY IN THE TOWN OF WEST ALMOND TO THE PEOPLE OF THE STATE OF NEW YORK; AUTHORIZING CHAIRMAN TO EXECUTE DEED AND OTHER NECESSARY LEGAL DOCUMENTS TO EFFECT TRANSFER Offered by:

Facilities Planning and Management Committee

WHEREAS, by Resolution No. 296-03 this Board approved an agreement to transfer approximately 3.306 acres of former tax sale property in the Town of West Almond to the People of the State of New York, and WHEREAS, the deed and other legal documents necessary to effect such transfer are prepared and ready for execution, now, therefore, be it RESOLVED: 1. That this Board hereby authorizes the conveyance of the following described property in the Town of West Almond to the People of the State of New York, acting by and through the Commissioner of Environmental Conservation of the State of New York, in consideration of $1.00, payment waived: ALL THAT TRACT OR PARCEL OF LAND in the Town of West Almond, Allegany County, New York shown and described as a 3.306 acre parcel of land on a map entitled “Plan of a Survey Prepared for Christmas & Associates, Inc. Situate in the Town of West Almond, County of Allegany, State of New York, Being a portion of Great Lot No. 30, Township No. 4, Range No. 1 of the Morris Reserve” by James B. Ball, L.S. No. 49540 of Wellsville, New York dated April 29, 1994 and filed in the Allegany County Clerk’s Office on June 10, 1994 as Map No. 33, said parcel bounded on the south by the south bounds of Great Lot No. 30 and on the north by the centerline of County Highway No. 2 also known as Karr Valley Road. EXCEPTING THEREFROM any portion of bounds of the said County Highway No. 2.

said

parcel

within

the

65 LEGISLATORS’ PROCEEDINGS BEING the same premises conveyed to Peter Spero by Christmas & Associates, Inc. by deed dated May 16, 1997 and recorded in the Allegany County Clerk’s Office on May 30, 1997 in Book 1129 of Deeds, Page 82. 2. The Chairman of this Board is hereby authorized to execute a deed to said premises and any other legal documents necessary to effect such transfer. Moved by: Mr. Bennett Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 81-04 ADOPTING PLAN FOR REPRESENTATION OF THE INDIGENT AND PERSONS FINANCIALLY UNABLE TO AFFORD COUNSEL IN CRIMINAL, FAMILY AND SURROGATE’S COURTS IN ALLEGANY COUNTY Offered by:

Ways and Means Committee

Pursuant to Section 722 of the County Law WHEREAS, Local Law No. 2 of 1974 created the Office of the Allegany County Public Defender, and WHEREAS, the County has substantially revised its plan for representation of the indigent in criminal, family and surrogate’s courts, now, therefore, be it RESOLVED: 1. That effective May 1, 2004, the following constitutes the plan for representation of the indigent and persons financially unable to afford counsel in criminal, family and surrogate’s courts in Allegany County: 1.

Public Defender As Primary Counsel

1.1 For purposes of providing legal representation to persons who are indigent or financially unable to afford counsel pursuant to New York County Law §§ 717 and 722 in various criminal, local, family and surrogate’s courts in Allegany County, the Allegany County Public Defender, herein referred to as “Public Defender,” and the various staff of the Public Defender, shall bear primary responsibility for such representation. 1.2 All referrals made by courts for representation, pursuant to New York County Law §§ 717 and 722 and at Allegany County expense, shall be made to the Public Defender. 1.3 The Public Defender will screen all such referrals for legal services to determine eligibility and determine whether any conflicts of interest or other factors would preclude the Public Defender from representing such person. 1.4 Where no conflict or other reason for not representing such person exists, the Public Defender shall provide any necessary legal services. 1.5 The Public Defender may, where applicable, determine whether the provisions of New York County Law § 722-d apply, and if determined to apply, may make application to the referring court for an appropriate order.

66 LEGISLATORS’ PROCEEDINGS 1.6 In matters where Defender shall, from provide investigative, an adequate defense of

representation is accepted, the Public monies appropriated for such services, expert, and other services necessary for such person.

1.7

Such costs shall be a county expense.

2.

Non-Criminal Representation– Conflict with Public Defender

2.1 For purposes of providing legal representation to persons who are financially unable to afford counsel in all matters, other than criminal matters, where there exists a conflict with the Public Defender, as determined by the Public Defender and the court, such matters shall be re-referred to the appropriate private legal aid bureau or society as shall be designated now or later by the Allegany County Board of Legislators for such purposes pursuant to New York County Law § 722. 2.2 The private legal aid such referrals for legal conflicts of interest or private legal aid bureau person.

bureau or society will screen all services to determine whether any other factors would preclude the or society from representing such

2.3 Where no conflict or other reason for not representing such person exists, the private legal aid bureau or society shall provide any necessary legal services. 2.4 The appropriate private legal aid bureau or society may, where applicable, determine whether the provisions of New York County Law § 722-d apply, and if determined to apply, may make application to the referring court for an appropriate order. 2.5 In matters where representation is accepted, the private legal aid bureau or society shall, from monies appropriated for such services, provide investigative, expert, and other services necessary for an adequate defense of such person. 2.6

Such costs shall be a county expense.

3.

Criminal Representation – Conflict with Public Defender

3.1 For purposes of providing legal representation to persons who are indigent in all criminal matters where there exists a conflict with the Public Defender, as determined by the Public Defender and the court, such matters shall be re-referred to the Allegany County Administrator of Assigned Counsel for the assignment of counsel pursuant to the existing practice and plan of the Allegany County Bar Association or any future plan of the Allegany County Bar Association so approved by the Bar Association and the Allegany County Board of Legislators, and the State Administrator, as required. 4. Non-Criminal Matters – Conflict with Public Defender and Legal Aid Bureau 4.1 For purposes of providing legal representation to persons who are financially unable to afford counsel in all matters, other than criminal matters, where there exists a conflict with the Public Defender, as determined by the Public Defender and the court, and a conflict with the private legal aid bureau or society as shall be designated now or later by the Allegany County Board of Legislators for such purposes pursuant to § 722 of County Law, as determined by such private legal aid bureau or society and the court, such matters shall be re-referred to

67 LEGISLATORS’ PROCEEDINGS the Allegany County Administrator of Assigned Counsel for the assignment of counsel pursuant to the existing practice and plan of the Allegany County Bar Association or any future plan of the Allegany County Bar Association so approved by the Bar Association and the Allegany County Board of Legislators, and the State Administrator, as required. 5.

Procedure in Conflict Cases

5.1 In any matter where counsel has been assigned pursuant to Section 3 or 4 above, the assigned counsel may, where applicable, determine whether the provisions of New York County Law § 722-d apply, and if determined to apply, may make application to the referring court for an appropriate order. 5.2 In matters where counsel is assigned, investigative, expert or other services necessary for an adequate defense shall be provided pursuant to the provisions of New York County Law § 722-c. 5.3 Assigned counsel shall make an ex parte application to the court for approval of such services. 5.4 Such costs so fixed by the court shall be a county expense and shall be billed and paid according to law. 5.5 Each claim for compensation shall be supported by a sworn statement specifying the time expended, services rendered, expenses incurred and reimbursement or compensation applied for, or received, in the same case from any other source. 6.

Contracts with Other Counties

6.1 Allegany County may, pursuant to New York County Law Article 18-A, enter into contracts with another county or counties, subject to approval of the Allegany County Board of Legislators, for providing legal representation to persons who are indigent or financially unable to afford counsel, where conflicts exist with the Public Defender or with the Public Defender of another county or counties and where such contracts are beneficial to Allegany County. 6.2 In matters where another county’s Public Defender will provide the legal representation, the re-referral shall be to such other Public Defender in lieu of referral to the Allegany County Administrator of Assigned Counsel. 7.

Referral Process

7.1 In order to effectuate the intention of the Board of Legislators that the Public Defender be the primary provider of legal representation to persons who are indigent or financially unable to afford counsel, all referrals for legal services shall be first made to the Public Defender. 7.2 The Public Defender shall cause to be made any necessary forms or documents for such referrals and any necessary rereferrals pursuant to this plan and shall keep any such records as are necessary to carry out this function. 7.3 The Allegany County Treasurer shall cause to be made any forms necessary and any reasonable rules necessary to carry out the intentions of the Board of Legislators that such services provided by counsel pursuant to Sections 3 and 4 above be performed efficiently, and in accordance with this plan

68 LEGISLATORS’ PROCEEDINGS including, but not limited to, vouchers, time limits for submission of vouchers, papers necessary to accompany vouchers and the like. 8.

Compensation Process

8.1 It is the intent of the Board of Legislators that all vouchers submitted by assigned counsel appointed pursuant to this plan be certified to in accordance with Article 18-B of New York County Law. 8.2 All vouchers submitted for compensation and reimbursement must be submitted within 90 days of the conclusion of the matter. 8.3 All vouchers submitted for compensation and reimbursement shall be supported by a sworn statement specifying the time expended, services rendered, expenses incurred and reimbursement or compensation applied for or received in the same case from any other source. 8.4 Compensation and reimbursement shall be fixed by the trial court judge in all matters other than appeals. 8.5 The voucher and accompanying papers shall be submitted to the trial court judge for so fixing the amounts as evidenced by the trial court judge’s signature. 8.6 Vouchers will then be submitted to the Allegany County Administrator of Assigned Counsel and the Allegany County Administrator for clerical review. 8.7 The Allegany County Administrator will submit the vouchers to the County Treasurer for payment. 9.

Reports

9.1 Pursuant to New York County Law §722-f, reports shall be filed as required by law. 9.2 The Allegany County Public Defender, pursuant to New York County Law §720 shall annually file a report to the Allegany County Board of Legislators covering all cases handled by the office during the preceding year. 9.3 The Allegany County Public Defender, the private legal aid bureau or society as shall be designated now or later by the Allegany County Board of Legislators for such purposes pursuant to § 722 of County Law, and the Administrator of Assigned Counsel for the assignment of counsel pursuant to the existing practice and plan of the Allegany County Bar Association or any future plan of the Allegany County Bar Association shall file annual reports with the judicial conference at such times and in such detail and form as the judicial conference may direct. 9.4 The Allegany County Administrator shall file an annual report which specifies in detail and certifies to the state comptroller the total expenditures of Allegany County, identifying “local funds,” as defined in New York State Finance Law §98-b(4), state funds, federal funds, and funds received from a “private source” as described in New York State Finance Law §98-b(4) for providing legal representation to persons who were financially unable to afford counsel, pursuant to Article 18-B of New York County Law, on such annual report form developed for such purpose by the State Comptroller.

69 LEGISLATORS’ PROCEEDINGS

Moved by: Mr. Nielsen Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

A motion was made by Legislator Myers, seconded by Legislator Truax and carried, to grant Legislator Burdick permission to abstain from voting on Resolution Intro. No. 82-04 (Approving Agreement with Legal Aid of Western New York, Inc. for Family Court Legal Representation of Indigent Persons; Authorizing Chairman to Execute Such Agreement and Adjusting Various Appropriation Accounts). RESOLUTION NO. 82-04 APPROVING AGREEMENT WITH LEGAL AID OF WESTERN NEW YORK, INC. FOR FAMILY COURT LEGAL REPRESENTATION OF INDIGENT PERSONS; AUTHORIZING CHAIRMAN TO EXECUTE SUCH AGREEMENT AND ADJUSTING VARIOUS APPROPRIATION ACCOUNTS Offered by:

Ways and Means Committee

Pursuant to Sections 363, 366, 450, and 722 of the County Law WHEREAS, the County has solicited proposals for the provision of legal representation in Family Court to those who are financially unable to obtain counsel pursuant to New York State County Law Section 722, where there exists a conflict with the Public Defender’s Office, and WHEREAS, Legal Aid of Western New York, Inc., 80 St. Paul Street, Suite 700, Rochester, New York 14604, can provide the aforementioned legal services for an amount of $83,487, plus actual expenses for expert witnesses and other ordinary litigation expenses in an amount not to exceed $5,000, for 150-175 cases referred to Family Court, and WHEREAS, various appropriations accounts must be adjusted, now, therefore, be it RESOLVED: 1. That the agreement with Legal Aid of Western New York, Inc. to provide such indigent representation is approved and the Chairman of this Board of Legislators is authorized to execute a contract, on behalf of Allegany County, with Legal Aid of Western New York, Inc., for the provision of the above-described services, for a term commencing May 1, 2004 and terminating December 31, 2004, according to the above-described terms, upon the approval of such contract by the County Attorney. 2. Changes to the appropriation accounts and other budgetary changes necessary to effectuate the above agreement shall be made by the Budget Officer. Moved by: Mr. Nielsen Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 1 Absent Abstained: Burdick

Resolution Intro. No. 83-04 (Approval of Lease with the Allegany County Industrial Development Agency) was TABLED until April 26, 2004, due to receipt of additional information on costs, following a motion made by Legislator Myers, seconded by Legislator Burdick and carried. The lease was requested for relocation of the Offices of Development, Planning, and Tourism to the Crossroads Commerce and Conference Center (former Houghton Academy South) near the Interstate 86/NYS Route 19 intersection.

70 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 83-04 DETERMINATION OF PUBLIC EMERGENCY AND WAIVING OF COMPETITIVE BIDDING TO ALLOW PURCHASE OF E-911 VOICE RECORDING SYSTEM Offered by:

Public Safety and Finance Committees

WHEREAS, the Allegany County Sheriff has advised this Board that the E-911 voice recording system currently used by his office has been operating sporadically for an extended period of time and is in imminent danger of failing completely, and WHEREAS, such voice recording system is an integral part of the E-911 Emergency Communications Center in Allegany County, and WHEREAS, the failure of the E-911 voice recording system would be detrimental to the life and health of the citizens of Allegany County, and WHEREAS, the failure of the system was unforeseen and the circumstances require immediate action to provide a functioning E911 voice recording system, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators does hereby declare that a public emergency does exist arising out of the imminent failure of the E-911 voice recording system and that the failure to immediately provide a replacement system will be detrimental to the health and life of the citizens of Allegany County. 2. That competitive bidding for voice recording system is hereby waived. 3. That the Sheriff of Allegany purchase an E-911 voice recording system. Moved by: Mr. Crandall Seconded by: Mr. Bennett

the

purchase

County

is

of

an

E-911

authorized

to

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The purchase of a new voice logging recorder and time synchronization system approved by Resolution No. 83-04 will be funded by money awarded through the New York State Wireless Expedited grant program amounting to $47,794, and 911 surcharge monies totaling $9,000. The grant application process was authorized per Resolution No. 68-04.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Nielsen, seconded by Legislator Truax and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims be approved for payment as recommended by the County Administrator. The meeting was adjourned on a motion made Heineman, seconded by Legislator Bennett and carried. --------

by

Legislator

71 LEGISLATORS’ PROCEEDINGS April 26, 2004 The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Reynolds, during which time the memory of Marine Corporal Jason Dunham was honored. Corporal Dunham, a 2000 graduate of Scio Central School, was fatally injured during combat in Iraq on April 14 while risking his own life to save several of his comrades. Roll Call:

All present.

APPROVAL OF MINUTES: The Board meeting minutes of March 8 and 22, 2004 were approved on a motion by Legislator Sherman, seconded by Legislator Nielsen and carried. PRIVILEGE OF THE FLOOR: Chairman Palmer granted privilege of the floor to Jeff Luckey, Firemen’s Memorial Committee Chairman, for an update on the project and the presentation of a framed print of the memorial to the Board. The committee is still working on the related scholarship program and will still be adding more bricks and landscaping to the memorial in front of the County Courthouse/Office Building. Privilege of the floor was also granted to Lee Gridley, who extended an invitation to the legislators to attend the Fair appreciation dinner on May 11. Representatives were present from the offices of Social Services, Development/IDA, Planning Board, Planner, Tourism, and County Administrator, to answer any questions regarding their 2003 Annual Reports. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of March 2004. 2. A resolution was received from the Village of Wellsville opposing the sale or lease of the Allegany County Landfill, or the formation of a garbage district. 3. A media release was received from Southern Tier West Regional Planning and Development Board summarizing highlights of their April board meeting. 4. Correspondence was received from Coach Douglas VanSkiver at Whitesville Central School, thanking the Board for the certificates of achievement and recognition given to the members of the boys’ basketball team at the last Board meeting. 5. A resolution was received from the Town of Friendship opposing the granting of “city status” to the Village of Wellsville.

72 LEGISLATORS’ PROCEEDINGS RESOLUTIONS: Resolution Intro. No. 83-04 (Approval of Lease with the Allegany County Industrial Development Agency) was automatically removed from the table. Legislator Myers noted that the amount reflected in Resolved No. 1 on the Memorandum of Explanation attached to Resolution Intro. No. 83-04 should be changed from $4,500 to $4,000 (lease agreement commences May 1, 2004 rather than April 1). Also noted was that Resolved No. 5 on the Memorandum of Explanation (regarding the T-1 phone line) should be deleted. A motion was made by Legislator Bennett, seconded by Legislator Truax and carried, to grant Legislator Nielsen permission to abstain from voting on Resolution Intro. No. 83-04. RESOLUTION NO. 84-04 APPROVAL OF LEASE WITH THE ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY Offered by: Planning and Development and Facilities Planning and Management Committees RESOLVED: 1. That Lease between Allegany County Industrial Development Agency and the County of Allegany, is approved. 2. That the Chairman of this Board is authorized to execute said Lease. Moved by: Mrs. Myers Adopted: Roll Call Seconded by: Mr. Reynolds 10 Ayes, 4 Noes, 0 Absent Voting No: Bennett, Graffrath, Sherman, Sobeck Abstained: Nielsen (Memo: The lease approved in Resolution No. 84-04 is for the Office of Development, Planning, and Tourism to relocate to the Crossroads Commerce and Conference Center located north of Belmont on State Route 19. Said offices will lease approximately 1000 square feet of space; the main purpose of the move is to establish a Tourism Visitors Center. Lease payments of $500 per month will be funded by the Development account and will include all utilities and maintenance, at no cost to the County. The lease agreement will be in effect for a period of three years with renewal options.) RESOLUTION NO. 85-04 APPROVAL OF FOUR-YEAR AGREEMENT BETWEEN COUNTY OF ALLEGANY AND NEW YORK STATE NURSES ASSOCIATION; IMPLEMENTING 2004 COMPENSATION NOTWITHSTANDING PROVISIONS OF RESOLUTION NO. 252-2001 Offered by:

Personnel Committee

RESOLVED: 1. That Agreement between the County of Allegany and the New York State Nurses Association covering the period January 1, 2004 to December 31, 2007, is approved. 2. That the Chairman of this Board is authorized to execute said Agreement.

73 LEGISLATORS’ PROCEEDINGS 3. That notwithstanding the provisions of section 2 of Resolution No. 252-2001 to the contrary, retroactive to and from January 1, 2004, each unit employee occupying a position set forth in Agreement between the County of Allegany and the New York State Nurses Association, approved by this resolution, shall receive the salary or rate of compensation for the step of the Grade of the position occupied that is set forth in Schedule A of such Agreement, and which salary or rate of compensation such unit employee is entitled to receive commencing January 1, 2004, pursuant to such Agreement and pursuant to the County Unit Salary Plan; the increment recommendation from the Public Health Director for each such unit employee under his jurisdiction receiving such recommendation being approved. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 13 Ayes, 2 Noes, 0 Absent Voting No: Graffrath, Sobeck

(Memo: The contract agreement approved by Resolution No. 85-04 affects twenty-three nurses employed by the Allegany County Department of Health. Wage increases include 2.5 percent for 2004 and 3 percent for the remaining three years of the contract. Other provisions of the agreement address cost containment for administrative overtime, increased single employee major medical deductibles, and added health insurance coverage for dependent college students matching other County employees. The agreement also adds a vacation step at twenty years of employment.) RESOLUTION NO. 86-04 AUTHORIZING PLANNING AND DEVELOPMENT COMMITTEE OF COUNTY BOARD OF LEGISLATORS TO ACT AS TOURIST PROMOTION AGENCY AND TO APPLY FOR STATE FUNDS FOR TOURISM PROMOTION PURPOSES Offered by:

Planning and Development Committee

Pursuant to Article 5-A of the Economic Development Law RESOLVED: 1. That the Planning and Development Committee of this County Board of Legislators is authorized to act as a tourist promotion agency and to apply for state funds up to $500,000 for tourism promotion purposes. 2. That if the application for such funding is approved, such Committee shall submit the grant agreement to this Board for approval and appropriation prior to commencing any work. 3. That the Clerk of this Board is directed to send a certified copy of this resolution to the New York State Commissioner of Economic Development. Moved by: Mrs. Myers Seconded by: Mr. Dibble

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

74 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 87-04 AMENDMENT OF COUNTY NON-UNIT SALARY PLAN TO CHANGE SALARY OF CRIME VICTIMS COORDINATOR Offered by:

Public Safety and Personnel Committees

RESOLVED: 1. That Section 4 of Resolution No. 297-75, as last amended by Resolution No. 146-2002, is amended by changing the salary of Crime Victims Coordinator to $22,800. 2.

This resolution shall take effect April 27, 2004.

Moved by: Mr. Russo Seconded by: Mr. Reynolds

Adopted: Roll Call 14 Ayes, 1 No, 0 Absent Voting No: Sobeck

(Memo: The salary increase approved in Resolution No. 87-04 was from $21,720 to $22,800, all of which is grant-funded.) Resolution Intro. No. 88-04 (Authorizing Purchase of Approximately .64 Acres of Land in the Town of Almond from Gary George; Repealing Resolution 53-04) was WITHDRAWN by Legislator Graffrath, Chairman of the Public Works Committee. This land transfer is necessary to accomplish the replacement of the bridge on County Road 2A. Resolution Intro. No. 88-04 is being withdrawn because the landowner has decided to stay with the provisions of Resolution No. 53-04 that include an exchange of land rather than sale. RESOLUTION NO. 88-04 ACCEPTANCE OF GRANT FUNDS THROUGH THE NEW YORK STATE WIRELESS EXPEDITED GRANT PROGRAM TO PURCHASE NEW VOICE LOGGING RECORDER AND TIME SYNCHRONIZATION SYSTEM FOR ALLEGANY COUNTY Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That this Board accepts a $47,794 grant through the New York State Wireless Expedited Grant Program for the purchase of a new voice logging recorder and time synchronization system for the County. 2. The Chairman of this Board is authorized to execute all agreements and contracts necessary to secure such grant. 3. Such grant for $47,794 is appropriated to Account No. A3510.203 (Fire E-911 Equipment) and a like sum credited to Revenue Account No. A10.3305.3510. Moved by: Mr. Russo Seconded by: Mr. Crandall

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: The equipment to be purchased with grant funds accepted by Resolution No. 88-04 will replace defective equipment and comply with wireless 911 standards. Total for the equipment is $56,794. The additional $9,000 will be taken from 911 surcharge monies. Also refer to Resolution Numbers 68-04 and 83-04.)

75 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 89-04 RESOLUTION REQUESTING STATE OF NEW YORK TO WAIVE ALLEGANY COUNTY’S SHARE OF MEDICAID PAYMENTS FOR NEXT THREE FISCAL YEARS TO HELP FINANCE NEW JAIL Offered by:

Finance Committee

WHEREAS, all counties in the State of New York are responsible for 25 percent of the costs of Medicaid benefits, and WHEREAS, Allegany County must construct a new county jail at an estimated cost of 24 million dollars, and WHEREAS, the cost of the new jail facility together with unfunded state mandates will impose an additional burden on the real property taxpayers of Allegany County, and WHEREAS, Allegany County is at 91 percent of its constitutional taxing limit, and WHEREAS, without some relief from imposed costs and unfunded mandates the financial condition of Allegany County will continue to deteriorate, now, therefore, be it RESOLVED: 1. That this Board requests that the State of New York waive the County’s share of Medicaid payments for the next three fiscal years in order to help defray the cost of the new County jail and help ameliorate the burden of unfunded mandates. 2. The Clerk of this Board is directed to send a copy of this resolution to Governor George Pataki, Speaker of the Assembly Sheldon Silver, Senate Majority Leader Joseph Bruno, State Senator Patricia McGee, and members of the Assembly Catharine Young and Daniel Burling. Moved by: Mr. Crandall Seconded by: Mr. Sobeck

Adopted: Voice Vote

RESOLUTION NO. 90-04 AUTHORIZING APPLICATION TO STATE EMERGENCY MANAGEMENT OFFICE FOR HAZARD MITIGATION GRANT PROGRAM FUNDS FOR REPLACEMENT OF LOCAL BRIDGE NO. 08-06 IN TOWN OF BELFAST AND BRIDGE NO. 06-02 IN TOWN OF ANDOVER Offered by:

Public Works and Finance Committees

WHEREAS, funding is available through the New York State Emergency Management Office Grant Program for the replacement of local bridges, and WHEREAS, the aforementioned hazards due to flooding, and

grant

is

designed

to

mitigate

WHEREAS, the Allegany County Department of Public Works is desirous of applying for the aforementioned grant, now, therefore, be it RESOLVED: 1. That the Chairman of this Board be, and hereby is, authorized to execute grant documents, on behalf of Allegany County,

76 LEGISLATORS’ PROCEEDINGS with the New York State Emergency Management Office, in order to apply for the above-described grant for the replacement of Local Bridge No. 08-06 in the Town of Belfast and Local Bridge No. 06-02 in the Town of Andover. Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: Regarding Resolution No. 90-04, the bridges to be replaced are on County Road 26 over Wigwam Creek (Belfast) and on County Road 21 over Dyke Creek (Andover). The grant program includes Federal funds and is administered by the State of New York. Total cost of the two bridges totals $650,000, including $81,250 local County share. Local share can be in-kind contribution.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Reynolds and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Nielsen, seconded by Legislator Truax and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims be approved for payment as recommended by the County Administrator. The meeting was adjourned on a motion made by Legislator Truax, seconded by Legislator Reynolds and carried. -------May 10, 2004 The regular meeting of the Board of Legislators was called to order at 2:04 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Truax. Roll Call:

All present except Legislator Heineman.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the Board meeting minutes of April 12 and 26, 2004 for review. 2. A Certificate of Withdrawal of Delinquent Tax Lien was filed on April 27, 2004 by the County Treasurer in the Clerk of the Board’s Office for property in the Town of Independence pursuant to Article 11 of the Real Property Tax Law of the State of New York. 3. Notice was received in the Clerk of the Board’s Office of the next Inter-County Association meeting to be hosted by Wyoming County on May 21, 2004 at the Glen Iris Inn, Letchworth State Park, near the Portageville entrance. 4. Correspondence was received from Assemblyman Daniel Burling congratulating Allegany County on receiving $47,794 in grant funding from the NYS 911 Board to purchase and upgrade equipment related to enhanced 911 services.

77 LEGISLATORS’ PROCEEDINGS PROCLAMATIONS: Chairman Palmer proclaimed May 2004 as Community Action Month in Allegany County, in recognition of the hard work and dedication of the Allegany County Community Opportunities and Rural Development (ACCORD) Corporation in promoting self-sufficiency for those with limited incomes. Chairman Palmer proclaimed the week of May 16-22, 2004 as Emergency Medical Services Week in Allegany County to recognize the value and accomplishments of emergency medical services providers and encouraged the community to observe this week with appropriate programs, ceremonies, and activities. Chairman Palmer also proclaimed the month of May 2004 as Tourism Month in Allegany County and called upon the people of the County to observe this month by taking pride in their communities by working together to enhance our quality of life, maintain our beautiful scenery, and to share our heritage. RESOLUTIONS: RESOLUTION NO. 91-04 RESOLUTION IN RELATION TO THE INSURANCE SETTLEMENT TO ST. PAUL FIRE AND MARINE INSURANCE COMPANY AS REIMBURSEMENT FOR SETTLEMENT WITH THE COUNTY OF ERIE FOR DAMAGES TO THE CLEVELAND DRIVE BRIDGE BY THE ALLEGANY COUNTY DEPARTMENT OF PUBLIC WORKS VEHICLE ON MAY 29, 2002; PROVIDING SETTLEMENT FUNDS Offered by:

Personnel Committee

WHEREAS, an accident involving the Allegany County Department of Public Works tractor-trailer occurred May 29, 2002, on Interstate 90, in the Town of Cheektowaga, Erie County, and WHEREAS, St. Paul Fire and Marine Insurance Company negotiated a settlement in the amount of $22,000 with the County of Erie in relation to the May 29, 2002 accident, and WHEREAS, after consultation with various County Officials, the Personnel Committee of this Board authorizes, subject to the ratification of the full Board, reimbursement to St. Paul Fire and Marine Insurance Company the sum of $22,000, for such settlement, and WHEREAS, this Board needs to ratify the action of the Personnel Committee in approving the reimbursement settlement to St. Paul Fire and Marine Insurance Company of $22,000, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators approves and ratifies the action of the Personnel Committee in authorizing the sum of $22,000, from and by the County of Allegany as reimbursement to St. Paul Fire and Marine Insurance Company in negotiating a settlement with Erie County. 2. That the Allegany County Treasurer is authorized and directed to pay the sum of $22,000 from Account No. CS1934.432 to St. Paul Fire and Marine Insurance Company. Moved by: Mr. Burdick Seconded by: Mr. Graffrath

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

78 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 92-04 APPROVAL OF APPORTIONMENT OF MORTGAGE TAX TO TAX DISTRICTS AND AUTHORIZING WARRANT THEREFOR Offered by:

Ways and Means Committee

Pursuant to Tax Law § 261 (3) RESOLVED: 1. That the Semi-Annual Report for the period October 1, 2003, through March 31, 2004, relating to Mortgage Tax Receipts and Disbursements, and the proposed distribution of such mortgage tax receipts therein, is approved. 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. Moved by: Mr. Nielsen Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 93-04 AUTHORIZING SALE AND CONVEYANCE OF COUNTY'S INTEREST IN REAL PROPERTY IN TOWN OF AMITY TO RICHARD J. RAWLEIGH AND ROBERT H. SALEVSKY; ACCEPTANCE OF OFFER AND AUTHORIZING CHAIRMAN TO EXECUTE QUIT CLAIM DEED Offered by:

Public Works and Ways and Means Committees

WHEREAS, the County is the owner of certain real property consisting of approximately 1.00 acre of land located on State Route 19 in the Town of Amity, and WHEREAS, such property is not being occupied or used by the County and there is no planned use of it by the County, and WHEREAS, Richard J. Rawleigh of 4324 Fuller Avenue, Scio, New York 14880 and Robert H. Salevsky of 29 Willets Avenue, Belmont, New York 14813 have offered to purchase such property for the amount of $1,000.00, the fair market value of such property, now, therefore, be it RESOLVED: 1. That this Board authorizes the sale to Richard J. Rawleigh and Robert H. Salevsky of the following described premises in the Town of Amity, County of Allegany located on State Route 19: ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Amity, County of Allegany, and State of New York, being a portion of Great Lot No. 36, Township No. 3, Range No. 2 of the Morris Reserve, bounded and described as follows: BEGINNING AT AN IRON ROD SET, which is located at the northeastern corner of lands once deeded to Richard J. Rawleigh and Robert H. Salevsky by virtue of a deed recorded in the Allegany County Clerk’s Office in Liber 1231 at Page 107, on July 26, 2002. Said rod at the point of beginning is also S 88-30’-30”E 463.47 feet as measured along the common line between the parcel once deeded to Rawleigh & Salevsky on the south and lands now or formerly deeded to Donald McCaffrey as per a deed recorded in the Allegany County

79 LEGISLATORS’ PROCEEDINGS Clerk’s Office in Liber 1028 at Page 326, January 6, 1992 on the north from its intersection with the centerline of New York State Route No. 19. THENCE along the common line between the lands once deeded to McCaffrey on the north as per the deed mentioned above and lands once deeded to the County of Allegany as per a deed recorded in the Allegany County Clerk’s Office in Liber 1097 at Page 81, August 10, 1995 and shown on a survey prepared by Michael A. Roeske, L. S. No. 50006 dated July 13, 1995, which is filed in the Allegany County Clerk’s Office in the Town of Amity Map File at Large Map No. 109 on the south, S 88-30’-30” E a measured distance of 295.90 feet to an iron rod set at the northeast corner of the parcel herein described. THENCE through the lands once deeded and surveyed for the County of Allegany, S 01-29’-12” W a measured distance of 146.56 feet to an iron rod set at the southeast corner of the parcel herein described. THENCE continuing through the lands conveyed to the County of Allegany, S 88-27’-49” W a measured distance of 270.17 feet to an iron rod set, located at the southeastern corner of the lands once deeded to Rawleigh & Salevsky. THENCE along the eastern bounds of the lands once deeded to Richard J. Rawleigh and Robert H. Salevsky as per the deed mentioned above, N 07-43’-48” W 162.94 feet to the point and/or place of beginning, containing 1.00 acres +/-. EXCEPTING and RESERVING to grantors, their successors and assigns, all oil, gas and minerals in, under and upon the above described property. SUBJECT TO all easements and rights of way of record or visible possession. TOGETHER with all the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the parties of the second part, their successors, and assigns forever. The County of Allegany shall in no event be or become for any defects in or encumbrances or liens on the title conveyed for any cause whatsoever. No claim or demand of any that arises from this sale or any of the proceedings leading shall ever be made against the County of Allegany.

liable hereby nature hereto

It is understood and agreed that the County of Allegany is hereby conveying only such land as aforesaid and described above, and that said property shall be located and laid out by and at the expense of the parties of the second part. 2. That the costs of any taxes and transaction fees are to be borne by Richard J. Rawleigh and Robert H. Salevsky. 3. That upon payment of the consideration described above the Allegany County Treasurer the Chairman of this Board authorized to execute a quit claim deed to said premises and cause delivery of same to Richard J. Rawleigh and Robert Salevsky. Moved by: Mr. Graffrath Seconded by: Mr. Bennett

to is to H.

Adopted: Roll Call 12 Ayes, 2 Noes, 1 Absent Voting No: Myers, Truax

80 LEGISLATORS’ PROCEEDINGS

RESOLUTION NO. 94-04 AUTHORIZING PURCHASE OF APPROXIMATELY .64 ACRES OF LAND IN THE TOWN OF ALMOND FROM GARY GEORGE; REPEALING RESOLUTION 53-2004 Offered by:

Public Works and Facilities Planning and Management Committees

WHEREAS, the County wished to replace a bridge and approaches on County Road 2A in the Town of Almond, and WHEREAS, in order to replace County Road 2A is necessary, and

such

bridge

a

realignment

of

WHEREAS, the owner of premises adjacent to County Road 2A has agreed to sell to the County .64 acres of land for the sum of $1,400 in order to accomplish the replacement of the bridge on County Road 2A, now, therefore, be it RESOLVED: 1. That this Board authorizes the purchase from Gary George of Almond, New York the following described premises in the Town of Almond, County of Allegany and State of New York, bounded and described as follows: A wedge shaped, ninety-nine + foot (maximum width) wide by six hundred and fifteen foot + long, tract of land situate in the Town of Almond, West of the existing right-of-way for County Route #2A, which currently is owned by Gary George as described as follows: Starting at the point of beginning located at the intersection of the North right-of-way (ROW) bounds of County Route 2, with the West ROW bounds of County Route 2A, said point being 33 feet + measured in a Northwesterly direction from the centerline of County Route 2, and 33 feet + measured in a Southwesterly direction from the centerline of County Route 2A, said point being a property corner of property owned by Gary George, in the Town of Almond, by deed recorded in the Allegany County Clerk’s Office in Liber 1131 of Deeds at Page 181; thence in a Northwesterly direction along a curve to the left along the West bounds of County Route 2A, a distance of 627.7 feet + to a point, said point being the intersection of the existing West ROW bounds of County Route 2A and the proposed West ROW bounds of County Route 2A, and 33 feet + measured in a Southwesterly direction from and perpendicular to the centerline of County Route 2A, thence in a Southeasterly direction, along the proposed West ROW bounds (33 feet offset from proposed centerline) of County Route 2A, along a curve to the right, a distance of 615.3 feet + to a point on the North ROW bounds of County Route 2; thence in a Northeasterly direction along the North ROW bounds of County Route 2, along a curve to the right, a distance of 99.2 feet + to the point of beginning; containing 0.64 acres + of land, more or less. 2. The purchase price for said property is $1,400, which is the fair market value of such property. 3.

Resolution No. 53-2004 is REPEALED.

Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: Myers

81 LEGISLATORS’ PROCEEDINGS

RESOLUTION NO. 95-04 ESTABLISHING FLOOD REPAIR CAPITAL PROJECTS AND PROVIDING FUNDS THEREFOR Offered by:

Public Works and Finance Committees

RESOLVED: 1. That flood repair work on Culvert #8-41 in the Town of Wirt is established as a Flood Repair Capital Project and the County Treasurer is authorized to transfer to an Account to be designated by her the sum of $126,146. 2. That flood repair work on the Sanatorium Lot in the Town of Amity is established as a Flood Repair Capital Project and the County Treasurer is authorized to transfer to an Account to be designated by her the sum of $35,997. Moved by: Mr. Graffrath Seconded by: Mr. Truax

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The two capital projects authorized by Resolution No. 95-04 are being accomplished through Federal Emergency Management Agency (FEMA) funding due to Summer 2003 flooding. The total County share for the two projects is $19,907.88.) RESOLUTION NO. 96-04 ESTABLISHING AN ALLEGANY COUNTY BICENTENNIAL ACCOUNT; ACCEPTANCE OF FUNDS FROM ACCORD CORPORATION AND MISCELLANEOUS DONATIONS; APPROPRIATION OF SUCH FUNDS Offered by:

Finance Committee

WHEREAS, this Board of Legislators County Bicentennial Account, and

establishes

an

Allegany

WHEREAS, funds from the ACCORD Corporation and other miscellaneous donations in the amount of $826 have been received towards the funding of the Allegany County Bicentennial 2006 Celebration, now, therefore, be it RESOLVED: 1. That the sum of $826, which has been offered from the ACCORD Corporation and other miscellaneous donations, is accepted. 2. That the accepted sum of $826 is appropriated to Account No. A7550.4 with a like sum credited to Revenue Account No. A08.2705.7550. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The Bicentennial Account established by Resolution No. 96-04 will have no fiscal impact on the County budget as the entire $125,000 Bicentennial budget will be funded by gifts and donations.)

82 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 97-04 ACCEPTANCE OF NON-BUDGETED FEDERAL GRANT-IN-AID UNDER THE BIOTERRORISM DISASTER PREPAREDNESS PROGRAM; APPROPRIATION OF FUNDS TO PUBLIC HEALTH ACCOUNTS Offered by:

Human Services and Finance Committees

RESOLVED: 1. That a non-budgeted Federal Grant-in-Aid in the amount of $30,530 under the Bioterrorism Disaster Preparedness Program, to further develop Allegany County’s Disaster Preparedness Program through purchase of equipment to be utilized in training, is accepted. 2. That the sum of $30,530 is appropriated as follows: $5,000 to Account No. A4010.1, $6,860 to Account No. A4189.2, $18,670 to Account No. A4189.4, with a like sum credited to Revenue Account No. A11.4489.4189. Moved by: Mr. Bennett Seconded by: Mr. Reynolds

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 98-04 ACCEPTANCE AND APPROPRIATION OF TITLE V GRANT FUNDS TO OFA – SR. EMPLOYMENT PROGRAM ACCOUNT Offered by:

Human Services and Finance Committees

RESOLVED: 1. That this Board accepts a $1,000 grant for extending the enrollment of Title V participants. 2. Such grant for $1,000 is appropriated as follows: $800 to Account No. A6774.1, $150 to Account No. A6774.4, $50 to Account No. A6774.8, with a like sum credited to Revenue Account No. A11.4772.02. Moved by: Mr. Truax Seconded by: Mr. Crandall

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 99-04 ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS TO OFFICE FOR AGING PROGRAMS; OFA - NUTRITION AND SUPPORTIVE SERVICES Offered by:

Human Services and Finance Committees

RESOLVED: 1. That this Board accepts a $525 grant to sponsor an information table at the Allegany County Office for the Aging Senior Picnic and information in one of the OFA newsletters. 2. Such grant for $525 is appropriated as follows: $200 to Account No. A6772.4, $325 to Account No. A6773.4, with a sum of $200 credited to Revenue Account No. A02.1972.00 and $325 to Revenue Account No. A02.1972.01. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

83 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 100-04 ACCEPTANCE OF CONDITIONAL MONETARY GIFT FROM THE ALLEGANY COUNTY DEPUTY SHERIFF’S ASSOCIATION LOCAL 3989, COUNCIL 82 AND APPROPRIATION OF SAME TO LAW ENFORCEMENT JAIL ACCOUNT Offered by:

Public Safety and Finance Committees

WHEREAS, a conditional monetary gift in the amount of $1,000 has been offered to the Allegany County Sheriff’s Department for the purchase of specialized equipment to enhance safety for employees and inmates, now, therefore, be it RESOLVED: 1. That the conditional gift of $1,000 offered by the Allegany County Deputy Sheriff’s Association Local 3989, is accepted. 2. That the sum of $1,000 is appropriated to Account No. A3150.2 with a like sum credited to Revenue Account No. A.08.2705.3110. Moved by: Mr. Reynolds Seconded by: Mr. Crandall

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 101-04 ACCEPTANCE AND APPROPRIATION OF FUNDS FOR THE BALANCE OF THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT TO PROBATION EQUIPMENT ACCOUNT Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That this Board accepts the sum of $6,456 for the balance of the Juvenile Accountability Incentive Block Grant, due to an extension in the contract period. 2. That the sum of $6,456 is appropriated to Account No. A3140.2 with a like sum credited to Revenue Account No. A02.4307.00. Moved by: Mr. Reynolds Seconded by: Mr. Truax

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 102-04 APPROVING AGREEMENT AND ACCEPTANCE OF A HOMELAND SECURITY GRANT FROM THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES TO BE USED FOR THE PURCHASE OF EQUIPMENT AND FOR OVERTIME IN THE OFFICE OF THE SHERIFF AND VARIOUS LOCAL POLICE DEPARTMENTS Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That the Agreement for a Homeland Security Grant in the amount of $25,000 from the New York State Division of Criminal Justice Services to be used for the purchase of equipment and for overtime, is approved and the grant is accepted; the Chairman of this Board being authorized to execute such Agreement.

84 LEGISLATORS’ PROCEEDINGS 2.

That the sum of $25,000 is appropriated as follows: Appropriation Account

Amount

A3110.2.05 A3110.1.03 A3110.4.47

$20,000 $ 2,000 $ 3,000

Revenue Account

Amount

A 10.3389.3110

$25,000

Moved by: Mr. Reynolds Seconded by: Mr. Truax

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 103-04 APPROVAL OF LEASE BETWEEN DENNIS A. DLUGOLECKI AND PAMELA DLUGOLECKI D/B/A DP VENTURES AND COUNTY OF ALLEGANY FOR PREMISES AT 54 SCHUYLER STREET, BELMONT, NEW YORK Offered by:

Human Services and Facilities Planning and Management Committees

RESOLVED: 1. That Lease Dlugolecki d/b/a DP approved.

between Dennis A. Dlugolecki and Pamela Ventures and the County of Allegany, is

2. That the Chairman of this Board is authorized to execute said Lease and to cause the recording of same in the Allegany County Clerk's Office. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 11 Ayes, 3 Noes, 1 Absent Voting No: Myers, Russo, Sobeck

(Memo: The lease for property located at 54 Schuyler Street, Belmont, approved by Resolution No. 103-04, houses the Department of Health’s Children Services Programs. The term of the lease is from April 1, 2004 through March 31, 2006. Lease cost for the first year is $595 per month, and for the second year is $625. Cost per month under the recently expired lease was $525.) RESOLUTION NO. 104-04 DETERMINING THAT THE DISPOSAL IN ALLEGANY COUNTY OF NON-HAZARDOUS MUNICIPAL SOLID WASTE GENERATED BY EARTHWATCH WASTE SYSTEMS, INC., FROM OUTSIDE OF ALLEGANY COUNTY IS IN THE PUBLIC INTEREST OF ALLEGANY COUNTY; APPROVAL OF AGREEMENT WITH EARTHWATCH WASTE SYSTEMS, INC. IN RELATION TO DISPOSAL OF SOLID WASTE AT COUNTY LANDFILL; AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENT Offered by:

Public Works Committee

Pursuant to Local Law 2 of 2000 RESOLVED: 1. That it is presently in the public interest of the County of Allegany to allow the disposal at the County landfill at Angelica of non-Allegany County generated non-hazardous solid waste from

85 LEGISLATORS’ PROCEEDINGS Earthwatch Waste Systems, authorized customers.

Inc.,

of

Buffalo,

New

York,

and

its

2. That Agreement, entitled “Agreement For Purchase of Tonnage Capacity at Allegany County Landfill” between Allegany County and Earthwatch Waste Systems, Inc., dated April 19, 2004, is approved and the Chairman of this Board is authorized to execute such Agreement. Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The Earthwatch Waste Systems agreement approved in Resolution No. 104-04 is for the acceptance of up to 16,000 tons of municipal solid waste through April 30, 2005 at a rate of $23 per ton. This agreement is a “put or pay” arrangement whereby Earthwatch will pay a total of $368,000 by the termination date of the agreement regardless of whether they deliver 16,000 tons or not.) Chairman Palmer announced the receipt of a letter of resignation from Margaret Cherre, Commissioner of Social Services, to become effective June 11, 2004, following seven years of dedicated service to Allegany County. It was with extreme regret that the Board of Legislators accepted Ms. Cherre’s resignation. AUDITS: A motion was made by Legislator Truax, seconded by Legislator Reynolds and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Nielsen, seconded by Legislator Truax and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims be approved for payment as recommended by the County Administrator. The meeting was adjourned on a motion made by Legislator Truax, seconded by Legislator Reynolds and carried. --------

86 LEGISLATORS’ PROCEEDINGS May 24, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Nielsen. Roll Call:

All present except Legislator Sherman.

APPROVAL OF MINUTES: The Board meeting minutes of April 12 and 26, 2004 were approved on a motion by Legislator Dibble, seconded by Legislator Truax and carried. PRIVILEGE OF THE FLOOR: Chairman Palmer granted privilege of the floor to Martha Roberts, President of the Allegany County Agricultural Society, to provide an update on the 2004 County Fair, to be held July 19 to 24, and presentation of the Fair Book. Ms. Roberts reported that the annual cost of the Fair is approximately $275,000 and thanked the legislators for their support. Privilege of the floor was also granted to Joan Sinclair to address the legislators regarding the Genesee Valley Outdoor Education Center, which is slated to open in 2005. Ground breaking for the arboretum was held last month. The Center has received a $12,000 grant from the Natural Resource Conservation Service and is actively pursuing further grants and participating in community fundraising activities. When completed, the Center will feature an arboretum, trail system, learning stations, outdoor classroom, overlooks, and other points of interest. Chairman Palmer also granted privilege of the floor to Klaus Wuersig, of Belfast, who spoke on behalf of the Citizens for Honesty in Government. This group feels that the recently established $60 landfill permit fee breaks the contract residents had with the County to use the landfill through 2007. Mr. Wuersig is asking that the legislature revisit this issue and rescind the permit fee legislation. Petitions with approximately 800 signatures were presented to Chairman Palmer. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of April 2004. 2. Also placed on each legislator’s desk were copies of the Reports of Tax Bill Corrections approved by the County Administrator for the months of March and April 2004. 3. A Resolution was received from the Town of Clarksville stating their desire to go on record as opposing the granting of “city status” to the Village of Wellsville. 4. The Allegany County Bicentennial Committee’s Premier Celebration Benefit Dinner, to be held on June 2, 2004, was announced.

87 LEGISLATORS’ PROCEEDINGS RESOLUTIONS: RESOLUTION NO. 105-04 CERTIFICATION TO STATE COMMISSIONER OF CHILDREN AND FAMILY SERVICES, STATE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE, AND STATE COMMISSIONER OF HEALTH, OF EXISTENCE OF CONDITIONS AND ACCEPTANCE OF CONDITIONS SET FORTH IN SOCIAL SERVICES LAW IN RELATION TO FILLING OF VACANCY IN OFFICE OF COUNTY COMMISSIONER OF SOCIAL SERVICES WITH EMPLOYEE IN COUNTY SOCIAL SERVICES DEPARTMENT Offered by:

Human Services Committee

Pursuant to Social Services Law § 65, subdivision 7, paragraph (b) WHEREAS, this Board of Legislators is the appointing authority to fill a vacancy in the office of County Commissioner of Social Services in Allegany County, and WHEREAS, the present Allegany County Commissioner of Services has filed her resignation from such office to effective June 11, 2004, and

Social become

WHEREAS, in order for this Board to appoint an employee of the County Department of Social Services as an acting Commissioner of Social Services, it is legally necessary for this Board to first certify to the State Commissioner of Children and Family Services, State Commissioner of Temporary and Disability Assistance, and State Commissioner of Health that certain conditions, as set forth in paragraph b of subdivision 7 of section 65 of the Social Services Law, are fulfilled, now, therefore, be it RESOLVED: 1. That this Board of Legislators does hereby certify to the State Commissioner of Children and Family Services, State Commissioner of Temporary and Disability Assistance, and State Commissioner of Health that as of the adoption date of this resolution: (a) there is an unavailability of qualified candidates for the office of Commissioner of Social Services in the Allegany County Social Services District, and (b) the Allegany County Social Services District continued efforts to recruit qualified candidates.

is

making

2. That this Board of Legislators does further certify to the State Commissioner of Children and Family Services, State Commissioner of Temporary and Disability Assistance, and State Commissioner of Health that: (a) any appointment of an acting County Commissioner of Social Services will be effective only until a qualified person becomes available, and (b) a waiver of any specific qualification required by section one hundred sixteen of the Social Services Law will not be effective without the consent of the State Commissioner of Children and Family Services, State Commissioner of Temporary and Disability Assistance, and State Commissioner of Health. 3. That the Clerk of this Board is directed to mail a certified copy of this resolution to John A. Johnson, Commissioner of Children and Family Services, Robert Doar, Commissioner of

88 LEGISLATORS’ PROCEEDINGS Temporary and Disability Assistance, and Antonia C. Novello, M.D., Commissioner of Health. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

Resolution Intro. No. 107-04 (Appointment of Acting County Commissioner of Social Services) was amended on a motion by Legislator Russo, seconded by Legislator Burdick and carried, by adding “2. The Acting Commissioner shall receive an annual salary of $54,000, payable bi-weekly during the period of time that she serves as Acting Commissioner.” RESOLUTION NO. 106-04 APPOINTMENT OF ACTING COUNTY COMMISSIONER OF SOCIAL SERVICES Offered by:

Human Services Committee

Pursuant to Social Services Law § 65, subdivision 7 WHEREAS, this Board adopted a resolution this May 24, 2004, in pursuance of Social Services Law § 65, subdivision 7, paragraph (b), now, therefore, be it RESOLVED: 1. That Patricia A. Schmelzer, who occupies the position of Deputy Commissioner in the Allegany County Department of Social Services, is appointed Acting Commissioner of Social Services of the County Department of Social Services in the Allegany County Social Services District, to serve at the pleasure of this Board. 2. The Acting Commissioner shall receive an annual salary of $54,000, payable bi-weekly during the period of time that she serves as Acting Commissioner. 3.

This resolution shall take effect June 12, 2004.

Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 107-04 FIXING SALARY OF PUBLIC DEFENDER; TRANSFERRING FUNDS FOR SALARY OF SECRETARY TO PUBLIC DEFENDER; ABOLISHING ONE POSITION OF ASSISTANT PUBLIC DEFENDER Offered by:

Public Safety, Personnel, and Finance Committees

WHEREAS, the Office of Allegany created by Local Law No. 2 of 1974, and

County

Public

Defender

was

WHEREAS, this Board believes it is in the best interest of Allegany County to make the Public Defender a full-time position, now, therefore, be it RESOLVED: 1. That the annual salary for the Public Defender is fixed at $70,350 per annum notwithstanding the salary established for such Public Defender in Resolution No. 290-2003.

89 LEGISLATORS’ PROCEEDINGS 2. That the sum of $13,500 is transferred from Account No. A1990.4 (Contingent) to Account No. A1170.1, to cover the unbudgeted increase in salary of the Secretary to the Public Defender. 3. That abolished. 4.

one

position

of

Assistant

Public

Defender

is

This resolution shall take effect on June 1, 2004.

Moved by: Mr. Russo Seconded by: Mr. Reynolds

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 108-04 RESOLUTION OF SUPPORT FOR THE ELIMINATION OF THE SUNSET PROVISIONS OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) AND THE CULTURAL EDUCATION FUND (CEF) Offered by:

Ways and Means Committee

WHEREAS, the Local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York's more than 4300 local governments, and WHEREAS, the closely related Documentary Heritage Program (DHP) for grants and technical assistance to non-governmental historical records repositories also is supported by the LGRMIF, and WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and WHEREAS, the New York State Legislature in 1995 twice has extended the sunset date, most recently to December 31, 2005, and WHEREAS, the LGRMIF has effectively supported essential advisory services and 6,300 grants totaling over $113 million to improve the management of records for over half of all New York State local governments, and WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and WHEREAS, the Allegany County Board of Legislators has benefited from technical assistance, training, publications and five grants totaling $100,952, supported by the LGRMIF, and WHEREAS, the State Legislature created the closely-related Cultural Education Fund (CEF) to support the New York State Archives, New York State Library and New York State Museum on behalf of all New Yorkers, and the Office for Public Broadcasting, and provided the CEF with an identical sunset date, and WHEREAS, the LGRMIF and the CEF continue to be critically important in the fulfillment of the many records and information related responsibilities of the Allegany County Board of Legislators, and to the cultural and scientific needs of the people of New York State, now, therefore, be it

90 LEGISLATORS’ PROCEEDINGS RESOLVED: 1. That the Allegany County Board of Legislators supports the elimination of said sunset provisions in order to make the LGRMIF and the CEF permanent. 2. That the Clerk of this Board is directed to send a certified copy of this resolution to Speaker of the Assembly Sheldon Silver, Senate Majority Leader Joseph Bruno, State Senator Patricia McGee and Members of the Assembly Catharine M. Young and Daniel J. Burling. Moved by: Mr. Nielsen Seconded by: Mr. Crandall

Adopted:

Voice Vote

RESOLUTION NO. 109-04 A RESOLUTION WELCOMING THE RETURN OF TRAIN SERVICE TO THE SOUTHERN PART OF ALLEGANY COUNTY AND RECOGNIZING THE NEED TO EDUCATE CITIZENS CONCERNING SAFETY AROUND TRAIN CROSSINGS; ENDORSEMENT OF THE WHISTLE STOP PROGRAM Offered by:

Public Safety Committee

WHEREAS, the Allegany County Traffic Safety Board passed a resolution on April 20, 2004, welcoming the return of trains to the southern part of Allegany County, and WHEREAS, it is imperative to educate our citizens concerning safety around trains, railroad tracks, crossings, and to respect railroad property, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators welcomes the return of trains to the southern part of Allegany County and appreciates the continued operation of trains in the northern part of the County. 2. That this Board of Legislators endorses the Whistle Stop Program and encourages every school in Allegany County to take advantage of its free offerings in recognition of the need to educate citizens about safety around trains, railroad tracks and crossings, and to respect railroad property. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted:

Voice Vote

RESOLUTION NO. 110-04 ACCEPTANCE OF FUNDS FROM THE ALLEGANY COUNTY STOP DWI PROGRAM AND APPROPRIATION OF SAME TO PROBATION PERSONNEL SERVICES ACCOUNT Offered by:

Public Safety Committee

RESOLVED: 1. That the sum of $2,000 from the Allegany County STOP DWI Program to be used to enhance the supervision of DWI probation cases, is accepted. 2. That the sum of $2,000 is appropriated to Account No. A3140.1, with a like sum credited to Revenue Account No. A09.2801.34. Moved by: Mr. Reynolds Seconded by: Mrs. Myers

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

91 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 111-04 ACCEPTANCE OF A HOMELAND SECURITY GRANT FROM THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES TO BE USED FOR THE PURCHASE OF EQUIPMENT AND INFORMATION TECHNOLOGY AND HAZMAT RESPONSE ENHANCEMENTS; APPROVAL OF GRANT AGREEMENT; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT; APPROPRIATION OF GRANT FUNDS Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That a Homeland Security Grant in the amount of $75,000 from the New York State Division of Criminal Justice Services to be used for the purchase of equipment and information technology and hazmat response enhancements is accepted and the Homeland Security Grant Agreement is approved. The Chairman of this Board is authorized to execute such Grant Agreement. 2. That the sum of $75,000 is appropriated to Account No. A3640.201 with a like sum credited to Revenue Account No. A11.4305.3640. Moved by: Mr. Reynolds Seconded by: Mr. Truax

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 112-04 ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS FROM THE RURAL JUSTICE INSTITUTE AT ALFRED UNIVERSITY FOR THE ALLEGANY COUNTY YOUTH COURT Offered by:

Resource Management and Finance Committees

RESOLVED: 1. That this Board accepts from the Rural Justice Institute at Alfred University, Alfred, New York a grant in the amount of $16,000 for the Allegany County Youth Court. 2. That the sum of $16,000 is appropriated as follows: $6,000 to Account No. A7321.1, $10,000 to Account No. A7321.4, with a like sum credited to Revenue Account No. A08.2705.3825. Moved by: Mrs. Myers Seconded by: Mr. Truax

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 113-04 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO COUNTY ATTORNEY CONTRACTUAL EXPENSES ACCOUNT Offered by:

Finance Committee

RESOLVED: 1. That the sum of $4,000 is transferred from Account No. A1990.4 to Account No. A1420.4 to cover costs for professional services rendered by Colucci & Gallaher, P.C., regarding the Allegany County Landfill evaluation. Moved by: Mr. Crandall Seconded by: Mr. Truax

Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: Graffrath

92 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 114-04 APPROVAL OF LEASE AGREEMENT BETWEEN THE PEOPLE OF THE STATE OF NEW YORK, ACTING THROUGH THE COMMISSIONER OF GENERAL SERVICES AND THE OFFICE OF THE ALLEGANY COUNTY SHERIFF FOR USE OF STATE-OWNED PROPERTY ON CUBA LAKE; AUTHORIZING CHAIRMAN TO SIGN SUCH AGREEMENT Offered by:

Public Safety and Facilities Planning and Management Committees

RESOLVED: 1. That Lease Agreement between the People of the State of New York, acting through the Commissioner of General Services and the Office of the Allegany County Sheriff for use of State-Owned Property on Cuba Lake for period May 1, 2004 and ending April 30, 2006, is approved; the Chairman of this Board being authorized to execute said lease. Moved by: Mr. Bennett Seconded by: Mr. Reynolds

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

Resolution Intro. No. 116-04 (Transfer of Funds from 2004 Departmental Budget Appropriation Accounts to Board of Legislators Equipment Account; Accounts to be Designated by Budget Officer) was not pre-filed and was considered from the floor on a motion made by Legislator Heineman, seconded by Legislator Reynolds and carried. RESOLUTION NO. 115-04 TRANSFER OF FUNDS FROM 2004 DEPARTMENTAL BUDGET APPROPRIATION ACCOUNTS TO BOARD OF LEGISLATORS EQUIPMENT ACCOUNT; ACCOUNTS TO BE DESIGNATED BY BUDGET OFFICER Offered by:

Finance Committee

RESOLVED: 1. That the sum of $200,000 is transferred from various 2004 Departmental Budget Appropriation Accounts to be designated by the Budget Officer to a Board of Legislators Equipment Account to be designated by the Budget Officer. Moved by: Mr. Crandall Seconded by: Mr. Heineman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The purpose of the transfer authorized in Resolution No. 11504 was to reduce departmental appropriation levels and “protect” these funds. The Finance Committee developed a formula to use by determining each department’s share of the total budget and accepted department head input for which individual accounts to reduce by that amount. If unspent at year’s end, the funds will fall to general fund balance. The accounts affected by this transfer are listed below: Amount $ 300.00 $ 175.00 $ 200.00 $ 30.00 $ 200.00 $ 150.00 $ 200.00 $ 1,160.00

From Account A1010.1 BOL Personnel A1010.402 BOL Mileage A1040.401 Clerk BOL-Postage A1040.402 Clerk BOL–Mileage A1040.419 Clerk BOL-Printing A1011.401 Co. Admin.–Postage A1011.402 Co. Admin.–Mileage A1165.417 Dist. Atty.–Supplies

To Account A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment

93 LEGISLATORS’ PROCEEDINGS Amount $ 500.00 $ 550.00 $ 1,110.00 $ 780.00 $ 718.00 $ 1,042.00 $ 161.00 $ 619.00 $ 200.00 $ 485.00 $ 65.00 $ 430.00 $ 850.00 $ 1,000.00 $ 2,500.00 $ 250.00 $ 500.00 $ 2,000.00 $ 400.00 $ 1,000.00 $ 750.00 $ 750.00 $ 750.00 $ 4,200.00 $ 275.00 $ 200.00 $ 250.00 $ 17,800.00 $ 1,780.00 $ 5,000.00 $ 79,875.00 $ 14,625.00 $ 630.00 $ 200.00 $ 100.00 $ 600.00 $ 150.00 $ 3,700.00 $ 75.00 $ 100.00 $ 100.00 $ 50.00 $ 2,250.00 $ 1,700.00 $ 1,500.00 $ 500.00 $ 200.00 $ 50.00 $ 1,200.00 $ 50.00 $ 6,000.00 $ 6,500.00 $ 3,000.00 $ 25,400.00 $ 2,115.00

From Account A1170.409 Pub. Def.–Fees A1171.430 Assign. Couns.–Contract A1325.409 Treasurer–Fees A1355.407 Assessments–Supplies A1410.415 Co. Clerk–Xerox A1410.407 Co. Clerk–Supplies A1420.201 Co. Atty.–Equipment A1420.407 Co. Atty.–Supplies A1420.419 Co. Atty.–Printing A1430.405 Human Res.–Conference A1430.419 Human Res.–Printing A1450.402 Elections–Mileage A1680.408 Cent. Srv. Comp.–Supplies A2495.421 Comm. Colleges–Education A3110.101 Sheriff–Personnel A3112.201 Dispatch–Equipment A3112.411 Dispatch–Repairs A3140.413 Probation–Rentals A3140.407 Probation–Supplies A3150.215 Jail–Equipment A3150.407 Jail–Supplies A3150.408 Jail–Gen. Supplies A3150.423 Jail–Food A3150.425 Jail–Clothing A3410.406 Fire–Insurance A3640.416 Emerg. Serv.–Telephone A3640.427 Emerg. Serv.–Electric A4010.406 Health–Insurance A4310.201 Ment. Health–Equipment A4310.409 Ment. Health–Supplies A6101.475 DSS–Med. Trans. A6101.474 DSS–MMIS A6430.474 Devel.–Contract A6510.401 Veterans–Postage A6610.210 Cons. Aff.–Equipment A6989.402 Tourism–Mileage A6989.407 Tourism–Supplies A6772.474 OFA–Nutrition A7180.408 Beach–Supplies A7310.402 Youth Bureau–Mileage A7510.484 Historian–Contracts A8020.401 Planning–Postage S1720.430 Work. Comp.–Claimant Med. CD1 6400.101 WIA–Personnel CD1 6400.201 WIA–Equipment CD1 6400.409 WIA–Fees A1620.205 Buildings–Furniture A1620.401 Buildings–Postage A1620.404 Buildings–Maint. Cont. A1620.407 Buildings–Supplies A1620.408 Buildings–Gen. Supplies A1620.412 Buildings–Repairs A1620.413 Buildings–Rentals D5110.408 Cty. Road–Gen. Supp CSH 9061.806 Risk Ret.–Medical

To Account A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL–Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment A1010.2 BOL-Equipment)

AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Crandall and adopted on Absent, that the audit recommended by the County

Legislator Nielsen, seconded by Legislator a roll call vote of 14 Ayes, 0 Noes, 1 of claims be approved for payment as Administrator.

The meeting was adjourned. --------

94 LEGISLATORS’ PROCEEDINGS June 14, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Crandall. Roll Call:

All present.

PRIVILEGE OF THE FLOOR: Chairman Palmer granted privilege of the floor to members of the Committee of 44, Edward Coll, Howard Miller, and Cindy UngermanGowiski, to address the Board concerning their support for reapportionment of the County Legislative Board, reducing the size of the legislature from fifteen members to five. Their statements included: they feel there are too many legislators for the County population (less than 50,000); too many to be efficient and no accountability; smaller number of legislators would have sharper focus; legislators need to stop managing and get back to governing; and the County Board of Legislators represents all County residents and they should place both the proposals of Board reapportionment and the new jail before the voters. The Committee of 44 is also in favor of an elected County Executive. Privilege of the floor was then granted to Michael Johnsen, Secretary of the Northeast Allegany County Coalition and Town of Grove Supervisor. Mr. Johnsen stated that he does not agree with the concept of reducing the size of the Legislative Board because he feels smaller communities wouldn’t be represented as well and the electorate wouldn’t be as well-informed; less legislators would convey fewer points of view during discussions; and the work time/salaries for the smaller legislature would almost have to be full-time. Mr. Johnsen sees a need for a comprehensive long-range plan and solid leadership. Chairman Palmer also granted privilege of the floor to Curtis Corkey, who presented his views on the size of the County Legislative Board by quoting from Proverbs: “in the multitude of counselors, there is safety.” With the larger number of legislators, there is a greater degree of protection from narrow special interests. It would be easier to sway just three votes needed for a majority win with a five-member legislature, than to attain eight votes majority with the fifteen-member legislature. Mr. Corkey stated that there may be flaws with the present system, but these flaws would be exacerbated by a reduction in numbers. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the Board meeting minutes of May 10 and 24, 2004 for review. 2. A media release was received from Southern Tier West Regional Planning and Development Board summarizing highlights of their May board meeting. 3. Correspondence was received from Deborah Aumick, Youth Bureau Director and STOP DWI Coordinator, thanking the Board for their support and donation after the recent fire at her home.

95 LEGISLATORS’ PROCEEDINGS 4. Correspondence was received from Assemblyman Burling regarding proposed Medicaid Relief Legislation.

Daniel

5. Correspondence was also received from members of the Assembly Daniel Burling and Catharine Young requesting the Board’s review and support of the Assembly Republican Medicaid Restructuring Plan. 6. Notice was received in the Clerk of the Board’s Office of the next Inter-County Association meeting to be hosted by Monroe County on June 18 at the Seneca Park Zoo in Rochester. 7. Certificates of Withdrawal of Delinquent Tax Liens were filed on May 25, 2004 by the County Treasurer in the Clerk of the Board’s Office for property in the Towns of Alfred, Friendship, and Rushford pursuant to Article 11 of the Real Property Tax Law of the State of New York. 8. The Village of Andover forwarded a resolution adopted at their June 8 Board meeting requesting that the Board of Legislators delay any decision on constructing a new public safety facility. They also forwarded a resolution adopted at the same meeting supporting a reduction in the number of legislators serving on the Allegany County Board of Legislators and the establishment of an elective office of County Executive. APPOINTMENTS: The Clerk of the following as for a three-year 25, 2007, subject

the Board announced that Chairman Palmer appointed members of the Allegany County Youth Board, each term commencing March 26, 2004 and expiring March to confirmation by the Board of Legislators:

Judith Hopkins, Fillmore Patrick Barry, Wellsville Charles Neal, Wellsville Edna Kayes, Alfred

(District (District (District (District

I) III) IV) V)

Chairman Palmer appointed Jerry Scott of Cuba, New York; John E. Margeson of Scio, New York; and Brent Reynolds of Alfred Station, New York, as members of the Southern Tier West Regional Planning and Development Board, each for a three-year term commencing June 1, 2004 and expiring May 31, 2007, subject to confirmation by the Board of Legislators. Chairman Palmer also confirmed that David Roeske, Superintendent of Public Works; James G. Palmer, Chairman of the Board; and Ronald Stuck, Chairman of the Planning Board, serve as ex-officio members of the Southern Tier West Regional Planning and Development Board. Chairman Palmer appointed Edgar Sherman of Little Genesee, New York to the Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Railroad Authority for a three-year term commencing August 28, 2004 and expiring August 27, 2007, subject to confirmation by the Board of Legislators. Chairman Palmer appointed Kevin Redman of Fillmore, New York and Ted Hopkins of Fillmore, New York, as Active Farmer members on the Allegany County Agricultural and Farmland Protection Board, each for a four-year term commencing March 5, 2004 and expiring March 4, 2008.

96 LEGISLATORS’ PROCEEDINGS INTRODUCTION OF LEGISLATION: Legislator Sobeck introduced Local Law Intro. No. 2-2004, Print No. 1, entitled “A Local Law Amending Local Law No. 3 of the Year 1993 Providing for a Permanent Plan of Reapportionment for the Allegany County Board of Legislators,” a copy of said Local Law having been placed on each legislator’s desk. RESOLUTIONS: Resolution Intro. No. 117-04 (Resolution Setting Date of Public Hearing on a Local Law Amending Local Law No. 3 of the Year 1993 Providing for a Permanent Plan of Reapportionment for the Allegany County Board of Legislators) was referred to the Ways and Means Committee on a motion by Legislator Reynolds, seconded by Legislator Myers and carried on a roll call vote of 12 Ayes, 3 Noes. Voting No: Legislators Graffrath, Russo, and Sobeck. The amendment referred to in Resolution Intro. No. 117-04 would reduce the number of legislators from fifteen to five. The Ways and Means Committee is charged with weighing the pros and cons of the issue and researching ramifications such as work time, office space, equipment, and support staff. No time line was specified for the committee to report on its findings. A resolution regarding the State Environmental Quality Review Act (SEQRA) determination must be considered prior to Resolution Intro. No. 118-04 involving authorization of construction of a new public safety and training facility and issuance of bonds. Resolution Intro. No. 127-04 (Resolution Dated June 14, 2004: A Resolution of the County of Allegany, New York as to SEQRA Determination) was not pre-filed and was considered from the floor on a motion made by Legislator Graffrath, seconded by Legislator Heineman and carried. Opposed: Legislators Dibble, Regan, Russo, Sobeck, and Truax. RESOLUTION NO. 116-04 RESOLUTION DATED JUNE 14, 2004 A RESOLUTION OF THE COUNTY OF ALLEGANY, NEW YORK AS TO SEQRA DETERMINATION Offered by:

Finance Committee

BE IT RESOLVED by the Board of Legislators of the County of Allegany, as follows: Section 1. It is hereby determined that the Board adopting this resolution declares itself to be the lead agency under the State Environmental Quality Review Act and the regulations promulgated thereunder for purposes of determining the environmental impact of the project described in Section 3 hereof. Section 2. Based upon the Short Environmental Assessment Form attached hereto and made a part hereof, it is hereby determined that the project described in Section 3 hereof is an Unlisted Action which will not have a significant impact upon the environment. Section 3. The project which resolution is described as follows:

is

the

subject

of

this

The construction of a new jail at the Town of Amity in Allegany County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and

97 LEGISLATORS’ PROCEEDINGS expenses in connection therewith, in and for County of Allegany, New York, at a maximum estimated cost of $23,731,000. Section 4.

This resolution shall take effect immediately.

Moved by: Mr. Graffrath Adopted: Roll Call Seconded by: Mr. Bennett 10 Ayes, 5 Noes, 0 Absent Voting No: Dibble, Regan, Russo, Sobeck, Truax Discussion was held regarding the construction of a new public safety and training facility, which included comments to the contrary, such as lack of support by constituents, cost being too high, proposed size being too large, location, and no guarantee of revenue from out-of-County inmates. Points made in support of building included enhancement of revenue from out-of-County inmates; action by the Commission of Corrections if we don’t move forward (loss of variances or closure), causing housing-out expenses to escalate; and the current jail needs costly renovations to bring it up to standards. Majority Leader Russo called for a caucus of the Republican Legislators. Following the caucus, the question was called and the roll call vote was taken on Resolution Intro. No. 118-04 (Bond Resolution Dated June 14, 2004, A Resolution Authorizing the Construction of a New Public Safety and Training Facility in and for the County of Allegany, New York, at a Maximum Estimated Cost of $23,731,000, and Authorizing the Issuance of $23,731,000 Bonds of Said County to Pay the Cost Thereof). RESOLUTION NO. 117-04 BOND RESOLUTION DATED JUNE 14, 2004 A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A NEW PUBLIC SAFETY AND TRAINING FACILITY IN AND FOR THE COUNTY OF ALLEGANY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $23,731,000, AND AUTHORIZING THE ISSUANCE OF $23,731,000 BONDS OF SAID COUNTY TO PAY THE COST THEREOF Offered by:

Finance Committee

WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which has been determined will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize the financing of such capital project, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than twothirds of the total voting strength of the Board of Legislators of the County of Allegany, New York, as follows: Section 1. The construction of a new public safety and training facility on a parcel of County-owned land in Belmont, New York, including original furnishings, machinery, equipment, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $23,731,000.

98 LEGISLATORS’ PROCEEDINGS Section 2. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost is by the issuance of $23,731,000 bonds of said County hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 11(a) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said County of Allegany, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the County Treasurer shall deem best for the interests of the County. Section 7. All other matters except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County by the facsimile signature of the County Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the County), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the County Treasurer. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the County Treasurer shall determine. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.1502. Other than as specified in this resolution, no monies are, or are

99 LEGISLATORS’ PROCEEDINGS reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law, which should be complied with at the date of publication of this resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized provisions of the Constitution.

in

violation

of

the

Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Wellsville Daily Reporter and Alfred Sun, the official newspapers, together with a notice of the Clerk of the Board of Legislators in substantially the form provided in Section 81.00 of the Local Finance Law. Moved by: Mr. Crandall Adopted: Roll Call Seconded by: Mr. Bennett 10 Ayes, 5 Noes, 0 Absent Voting No: Dibble, Graffrath, Russo, Sobeck, Truax RESOLUTION NO. 118-04 ESTABLISHMENT OF PUBLIC SAFETY AND TRAINING FACILITY DEBT RESERVE FUND Offered by:

Finance Committee

Pursuant to General Municipal Law § 6-h RESOLVED: 1. That the Allegany County Board of Legislators does establish a reserve fund, to be known as “Public Safety and Training Facility Debt Reserve Fund,” for the purposes set forth in and under the limitations imposed by Section 6-h of the General Municipal Law. 2. That the Allegany County Treasurer is directed to deposit moneys of this reserve fund in a separate bank account to be known as the “Public Safety and Training Facility Debt Reserve Fund.” 3. That the Allegany County Treasurer is authorized to invest, from time to time, the moneys of this reserve fund pursuant to Section 6-h of the General Municipal Law. 4. That no expenditure shall be made from this reserve fund except upon a resolution adopted by at least a majority vote of the Allegany County Board of Legislators and any such expenditure shall only be made for the payment of principal and interest on bonds issued by the County to finance the construction of the new public safety and training facility. Moved by: Mr. Crandall Seconded by: Mr. Nielsen

Adopted: Roll Call 14 Ayes, 1 No, 0 Absent Voting No: Russo

100 LEGISLATORS’ PROCEEDINGS (Memo: Regarding Resolution No. 118-04, all revenues received for housing out-of-County inmates will be placed in this special Debt Reserve Fund.) RESOLUTION NO. 119-04 APPROVAL OF SALE OF 2004 TAX SALE PROPERTIES Offered by:

Ways and Means Committee

Pursuant to New York Uniform Delinquent Tax Enforcement Act and Resolution No. 195-97, as amended by Resolution No. 95-98 RESOLVED: 1. That the sale of tax delinquent properties as shown below, to the owners and purchasers shown, for the consideration shown, subject to terms and conditions of sale for such properties, is approved. 2. That upon the securing by the County Attorney of a proper court order authorizing the conveyance to the County of such of the below mentioned properties which are subject to the 2002 and/or back to the year 1995 (TF95 up to and including TF02) tax foreclosure proceedings and the subsequent execution of a deed of all of the below mentioned properties to the County by the County Tax Enforcement Officer, the Chairman of this Board of Legislators is authorized and directed to execute on behalf of the County of Allegany and to cause to deliver to such owners and purchasers quit claim deeds of the County's interest in such properties and to affix to each such deed the official seal; all upon satisfaction of the terms and conditions of sale and the full payment to the County Treasurer of the monetary considerations. Purchaser & Address Sale Price - - - - - - - - - - - - - MOLENDA JOHN P MOLENDA SUSAN 11746 LIBERIA RD EAST AURORA NY 14052 Consideration: 7,000.00

- - - - - - - - - - - - - FORESTLANDS INC 461 MAIN ST BOLIVAR NY 14715 Consideration: 19,000.00

- - - - - - - - - - - - - -

Formerly Assessed Description/Town - - - - - - - - - - - - PADLECKI STEVE Town code 022200 Town of Allen Map# 82.-1-14 Assessment: 12,800 Acreage: 10.80 Tax sale date: 2/01/02 Tax sale amt: 432.77 - - - - - - - - - - - - COLLETTE RICHARD Town code 02240 Town of Alma Map# 276.-1-21.1 Assessment: 34,200 Acreage: 85.10 Tax sale date: 2/01/02 Tax sale amt: 1,239.97 - - - - - - - - - - - - -

County Title Recorded Date Liber, Page - - - - - - Bk: Pg:

- - - - - - Bk: Pg:

- - - - - - -

101 LEGISLATORS’ PROCEEDINGS

FORESTLANDS INC 461 MAIN ST BOLIVAR NY 14715 Consideration: 26,000.00

- - - - - - - - - - - - - SHUTE DUANE A 7403 ROUTE 19 GAINESVILLE NY 14066 Consideration: 2,500.00

- - - - - - - - - - - - - GRAHAM LARRY S RD2, BOX 198 SHINGLEHOUSE PA 16748 Consideration: 3,200.00

- - - - - - - - - - - - - BROWN JACK BOX 258B ALMOND NY 14804 Consideration: 1,300.00

- - - - - - - - - - - - - HUTCHISON GARY D. CO RD 20, 6516 PO BOX 36 BELMONT NY 14813 Consideration: 2,485.38

- - - - - - - - - - - - - HUTCHISON GARY D CO RD 20, 6516 PO BOX 36 BELMONT NY 14813 Consideration: 359.04

- - - - - - - - - - - - - -

THOMAS MRS MILDRED EXEC C/O DAVID THOMAS Town code 02240 Town of Alma Map# 301.-1-2 Assessment: 79,000 Acreage: 92.60 Tax sale date: 2/01/02 Tax sale amt: 3,863.10 - - - - - - - - - - - - ERNEST MARIE A Town code 022689 Town of Almond Map# 126.14-1-33 Assessment: 28,000 Acreage: .73 Tax sale date: 2/01/02 Tax sale amt: 1,262.14 - - - - - - - - - - - - ALLEGANY COUNTY Town code 022689 Town of Almond Map# 138.-1-32 Assessment: 5,800 Acreage: 2.30 Tax sale date: 2/01/02 Tax sale amt: 244.81 - - - - - - - - - - - - PUZA ANTHONY Town code 022889 Town of Amity Map# 158.-1-51 Assessment: 4,500 Acreage: .25 Tax sale date: 2/01/02 Tax sale amt: 178.68 - - - - - - - - - - - - PIWOWARCZYK HENRY PIWOWARCZYK RUTH Town code 022889 Town of Amity Map# 172.-1-36.21 Assessment: 15,000 Acreage: .19 Tax sale date: 2/01/01 Tax sale amt: 578.36 - - - - - - - - - - - - PIWOWARCZYK HENRY PIWOWARCZYK RUTH Town code 022889 Town of Amity Map# 172.-1-36.22 Assessment: 1,200 Acreage: .11 Tax sale date: 2/01/01 Tax sale amt: 47.20 - - - - - - - - - - - - -

Bk: Pg:

- - - - - - Bk: 571 Pg: 00613

- - - - - - Bk: 1246 Pg: 26

- - - - - - Bk: 1183 Pg: 149

- - - - - - Bk: 1189 Pg: 124

- - - - - - Bk: 1189 Pg: 124

- - - - - - -

102 LEGISLATORS’ PROCEEDINGS SHUTE DUANE A 7403 ROUTE 19 GAINESVILLE NY 14066 Consideration: 500.00

- - - - - - - - - - - - - SPRAGUE RICHARD P MAIN ST RT 19 BOX 35 BELFAST NY 14711 Consideration: 4,000.00

- - - - - - - - - - - - - SCOTT DEAN SCOTT MARILYN M BOX 454 BELFAST NY 14711 Consideration: 1,300.00

- - - - - - - - - - - - - CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING NY 14830 Consideration: 9,000.00

- - - - - - - - - - - - - INGRAHAM TAUNYA 6854 CO RD 20 LOT 16 FRIENDSHIP NY 14739 Consideration: 3,500.00

GRUBER ROBERT R Town code 023001 Town of Andover Map# 216.14-1-1 Assessment: 10,000 Acreage: 1.00 Tax sale date: 2/01/02 Tax sale amt: 580.10 - - - - - - - - - - - - OTTO WILLIAM SEIGEL DANIEL Town code 023201 Town of Angelica Map# 120.18-1-14 Assessment: 19,500 Acreage: .36 Tax sale date: 2/01/02 Tax sale amt: 578.81 - - - - - - - - - - - - WARGO ALENE Town code 023400 Town of Belfast Map# 104.-1-26 Assessment: 2,700 Acreage: 2.40 Tax sale date: 2/01/02 Tax sale amt: 65.34 - - - - - - - - - - - - PALMER HELEN Town code 023400 Town of Belfast Map# 105.9-2-15 Assessment: 30,900 Acreage: .06 Tax sale date: 2/01/02 Tax sale amt: 1,024.69 - - - - - - - - - - - - FRAME MARK FRAME MELISSA Town code 023400 Town of Belfast Map# 117.-1-12 Assessment: 23,800

MAIN ST RT 19 BOX 35 BELFAST NY 14711 Consideration: 5,000.00

Acreage: 1.40 Tax sale date: 2/01/02 Tax sale amt: 976.26 - - - - - - - - - - - - MORTON JAMES K MORTON SANDRA J Town code 023400 Town of Belfast Map# 118.-1-26 Assessment: 22,900

- - - - - - - - - - - - - -

Acreage: 1.60 Tax sale date: 4/1/98 Tax sale amt: 894.45 - - - - - - - - - - - - -

- - - - - - - - - - - - - SPRAGUE RICHARD P

Bk: 921 Pg: 00066

- - - - - - Bk: 1121 Pg: 210

- - - - - - Bk: 807 Pg: 00157

- - - - - - Bk: Pg:

1059 234

- - - - - - Bk: Pg:

1152 226

- - - - - - Bk: Pg:

909 00065

- - - - - - -

103 LEGISLATORS’ PROCEEDINGS PETERS HARRY W 331 PLEASANT ACRE DR PORTVILLE NY 14770 Consideration: 16,000.00

- - - - - - - - - - - - - BROWN JACK BOX 258B ALMOND NY 14804 Consideration: 12,000.00

- - - - - - - - - - - - - CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING NY 14830 Consideration: 11,000.00

- - - - - - - - - - - - - CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING NY 14830 Consideration: 4,500.00

- - - - - - - - - - - - - DEMARTE STEPHEN J 35 N CHURCH ST CANASERAGA NY 14822 Consideration: 6,000.00

PATTERSON DONALD E SR PATTERSON SARAH A Town code 023400 Town of Belfast Map# 143.-1-29 Assessment: 20,200 Acreage: 2.40 Tax sale date: 2/01/02 Tax sale amt: 927.06 - - - - - - - - - - - - FULLER CLAYTON FULLER PEGGY E Town code 023600 Town of Birdsall Map# 70.-1-5 Assessment: 31,800 Acreage: .40 Tax sale date: 2/01/02 Tax sale amt: 711.41 - - - - - - - - - - - - MORTON ELIZABETH C/O MIKE SMITH Town code 023801 Town of Bolivar Map# 260.17-2-68 Assessment: 16,900 Acreage: .19 Tax sale date: 2/01/02 Tax sale amt: 867.82 - - - - - - - - - - - - KLINE DEBORAH Town code 023801 Town of Bolivar Map# 260.17-5-61 Assessment: 26,800 Acreage: 0.00 Tax sale date: 2/01/02 Tax sale amt: 507.09 - - - - - - - - - - - - SLEIGHT GARY ANDREW Town code 024001 Town of Burns Map# 34.12-1-3.21 Assessment: 12,400

818 TILDEN HILL RD ARKPORT NY 14807 Consideration: 19,000.00

Acreage: 2.94 Tax sale date: 2/01/02 Tax sale amt: 623.47 - - - - - - - - - - - - TRAVIS RAYMOND G JR TRAVIS PAULITA Town code 024001 Town of Burns Map# 34.15-1-7 Assessment: 43,000

- - - - - - - - - - - - - -

Acreage: 1.02 Tax sale date: 4/01/99 Tax sale amt: 1,493.96 - - - - - - - - - - - - -

- - - - - - - - - - - - - BREWSTER SHAWN BOYCE BREWSTER BRUCE B

Bk: 1045 Pg: 70

- - - - - - Bk: 954 Pg: 104

- - - - - - Bk: Pg:

948 00308

- - - - - - Bk: Pg:

1218 85

- - - - - - Bk: Pg:

1089 48

- - - - - - Bk: Pg:

914 00322

- - - - - - -

104 LEGISLATORS’ PROCEEDINGS BREWSTER BRUCE B BREWSTER MARY 818 TILDEN HILL RD ARKPORT NY 14807 Consideration: 15,000.00

- - - - - - - - - - - - - DENIS JEFFREY A HOY ROBERT T 9482 CO RD 15 FILLMORE NY 14735 Consideration: 17,000.00

- - - - - - - - - - - - - WILSON KENNETH F RUSSELL PENNY A 8408 ST RT 19 BELFAST NY 14711 Consideration: 3,000.00

- - - - - - - - - - - - - SCOTT DEAN J SCOTT MARILYN M BOX 454 BELFAST NY 14711 Consideration: 1,400.00

- - - - - - - - - - - - - BROWN JACK BOX 258B ALMOND NY 14804 Consideration: 3,500.00

GLOVER TIMOTHY GLOVER KIMBERLY Town code 024001 Town of Burns Map# 34.19-1-23 Assessment: 31,100 Acreage: 1.09 Tax sale date: 2/01/00 Tax sale amt: 1,846.81 - - - - - - - - - - - - KULA ROBIN J Town code 024200 Town of Caneadea Map# 66.-1-71 Assessment: 29,900 Acreage: 3.90 Tax sale date: 2/01/02 Tax sale amt: 1,200.31 - - - - - - - - - - - - CASSIDY ROBERT CASSIDY IRENE Town code 024200 Town of Caneadea Map# 91.2-1-20 Assessment: 15,300 Acreage: .28 Tax sale date: 2/01/02 Tax sale amt: 625.46 - - - - - - - - - - - - WARGO ALENE Town code 024200 Town of Caneadea Map# 92.-1-33 Assessment: 2,700 Acreage: 5.56 Tax sale date: 2/01/02 Tax sale amt: 63.92 - - - - - - - - - - - - COUNTY OF ALLEGANY Town code 024400 Town of Centerville Map# 1.-1-35.2 Assessment: 29,900

8813 CO RD 3 FREEDOM NY 14065 Consideration: 23,000.00

Acreage: 1.12 Tax sale date: 2/01/01 Tax sale amt: 773.85 - - - - - - - - - - - - BURKARD JOHN BOX 50 Town code 024400 Town of Centerville Map# 24.-1-6 Assessment: 35,900

- - - - - - - - - - - - - -

Acreage: 6.80 Tax sale date: 2/01/02 Tax sale amt: 716.31 - - - - - - - - - - - - -

- - - - - - - - - - - - - DIRIENZO DAWN M DIRIENZO MICHAEL A

Bk: 968 Pg: 00041

- - - - - - Bk: 1252 Pg: 309

- - - - - - Bk: Pg:

1150 215

- - - - - - Bk: Pg:

807 00157

- - - - - - Bk: Pg:

1096 215

- - - - - - Bk: Pg:

1115 328

- - - - - - -

105 LEGISLATORS’ PROCEEDINGS

CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING NY 14830 Consideration: 7,000.00

- - - - - - - - - - - - - REISS KENNETH G 63 WOLF RUN RD CUBA NY 14727 Consideration:

37,000.00

- - - - - - - - - - - - - MISNER WILLIAM DAVID 235 GROVE ST TONAWANDA NY 14150 Consideration: 2,200.00

- - - - - - - - - - - - - SATOLA PETER STANLEY 1400 MECHANIC ST ALDEN NY 14004 Consideration: 1,500.00

- - - - - - - - - - - - - KROTZ RONALD P 7487 GLEASON HILL RD BELFAST NY 14711 Consideration: 2,500.00

KARCHER WALTER R Town code 024400 Town of Centerville Map# 36.-1-22.1 Assessment: 25,900 Acreage: 5.30 Tax sale date: 2/01/02 Tax sale amt: 1,866.89 - - - - - - - - - - - - KRASZEWSKI JOHN S C/O MICHAEL SULLIVAN Town code 024600 Town of Clarksville Map# 218.-1-30 Assessment: 22,400 Acreage: 63.00 Tax sale date: 2/01/02 Tax sale amt: 588.81 - - - - - - - - - - - - WELCH TIMOTHY M WELCH JANICE J Town code 024600 Town of Clarksville Map# 219.-1-10.1 Assessment: 5,700 Acreage: 4.00 Tax sale date: 2/01/02 Tax sale amt: 229.98 - - - - - - - - - - - - BLAUVELT THOMAS Town code 024600 Town of Clarksville Map# 232.6-1-3 Assessment: 9,000 Acreage: .50 Tax sale date: 2/01/02 Tax sale amt: 362.53 - - - - - - - - - - - - ADAMI JOHN Town code 024600 Town of Clarksville Map# 233.-1-7 Assessment: 10,300

69 SOUTH SHORE RD CUBA NY 14727 Consideration: 80,000.00

Acreage: .40 Tax sale date: 2/01/02 Tax sale amt: 414.74 - - - - - - - - - - - - GUENTHER KAREN M BRYANT JOHN R Town code 024889 Town of Cuba Map# 144.22-1-68 Assessment: 71,325

- - - - - - - - - - - - - -

Acreage: 0.00 Tax sale date: 2/01/02 Tax sale amt: 1,661.96 - - - - - - - - - - - - -

- - - - - - - - - - - - - WILDAY WARD WILDAY GRETA

Bk: Pg:

837 00281

- - - - - - Bk: Pg:

- - - - - - Bk: Pg:

763 00096

- - - - - - Bk: Pg:

1194 256

- - - - - - Bk: Pg:

1163 176

- - - - - - Bk: Pg:

710 00249

- - - - - - -

106 LEGISLATORS’ PROCEEDINGS BUNK JOSEPH F 4471 RT 305 CUBA NY 14727 Consideration:

3,500.00

- - - - - - - - - - - - - INGRAHAM VICTORIA M 8040 STEWARD RD WEST CLARKSVILLE NY 14786 Consideration: 3,900.00

- - - - - - - - - - - - - HARRIS GILBERT J HARRIS BEVERLY J 8406 ST RT 19 BELFAST NY 14711 Consideration: 3,500.00

- - - - - - - - - - - - - CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING NY 14830 Consideration: 29,000.00

- - - - - - - - - - - - - AUSTIN ANITA L CLUTE STEPHEN G 3064 TOP NOTCH RD CUBA NY 14727 Consideration: 4,500.00

JAMES TERRY L Town code 024889 Town of Cuba Map# 179.19-1-38 Assessment: 11,000 Acreage: .75 Tax sale date: 2/01/02 Tax sale amt: 408.32 - - - - - - - - - - - - PASTOR TIMOTHY J PASTOR TERESA L Town code 024889 Town of Cuba Map# 193.-1-49.2 Assessment: 7,500 Acreage: .60 Tax sale date: 2/01/02 Tax sale amt: 279.04 - - - - - - - - - - - - PATTERSON DONALD PATTERSON SARAH Town code 025000 Town of Friendship Map# 156.-1-3.2 Assessment: 19,700 Acreage: 2.70 Tax sale date: 2/01/02 Tax sale amt: 943.32 - - - - - - - - - - - - PAYNE DUANE R Town code 025000 Town of Friendship Map# 182.11-1-35.1 Assessment: 50,000 Acreage: .53 Tax sale date: 2/01/02 Tax sale amt: 2,740.02 - - - - - - - - - - - - PARKER DONALD Town code 025000 Town of Friendship Map# 182.11-2-52 Assessment: 9,100

35 N CHURCH ST CANASERAGA NY 14822 Consideration: 5,500.00

Acreage: .22 Tax sale date: 2/01/02 Tax sale amt: 499.51 - - - - - - - - - - - - GATES JONATHAN GATES LINDA J Town code 025000 Town of Friendship Map# 182.15-1-39 Assessment: 24,200

- - - - - - - - - - - - - -

Acreage: .75 Tax sale date: 2/01/00 Tax sale amt: 1,064.39 - - - - - - - - - - - - -

- - - - - - - - - - - - - ZILLGITT MAIKE

Bk: Pg:

1039 307

- - - - - - Bk: Pg:

954 00249

- - - - - - Bk: Pg:

1164 180

- - - - - - Bk: Pg:

1187 67

- - - - - - Bk: Pg:

1107 240

- - - - - - Bk: Pg:

1119 95

- - - - - - -

107 LEGISLATORS’ PROCEEDINGS

BROWN HEATH D 6847 CRAB HOLLOW RD BLACK CREEK NY 14714 Consideration: 55,000.00

- - - - - - - - - - - - - CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING NY 14830 Consideration: 4,500.00

- - - - - - - - - - - - - ALTIMUS DEAN N PO BOX 390 FREDONIA NY 14063-0390 Consideration: 50.00

- - - - - - - - - - - - - ALTIMUS DEAN N PO BOX 390 FREDONIA NY 14063-0390 Consideration: 1.00

- - - - - - - - - - - - - GRANT DAVID A 7375 STONE SPRING RD FILLMORE NY 14735 Consideration: 7,077.37

- - - - - - - - - - - - - RICKETTS EVA R 6572 MILLS MILLS RD FILLMORE NY 14735 Consideration: 2,435.32

- - - - - - - - - - - - - -

TOLHURST KEN Town code 025000 Town of Friendship Map# 196.-1-15 Assessment: 99,200 Acreage: 180.40 Tax sale date: 2/01/02 Tax sale amt: 4,746.13 - - - - - - - - - - - - BLOUVET MICHAEL Town code 025000 Town of Friendship Map# 196.-1-24.5 Assessment: 31,200 Acreage: 1.30 Tax sale date: 2/01/02 Tax sale amt: 657.22 - - - - - - - - - - - - ALTIMUS DEAN N Town code 025200 Town of Genesee Map# 188.-1-889 Assessment: 320 Acreage: .01 Tax sale date: 2/01/02 Tax sale amt: 13.75 - - - - - - - - - - - - ALTIMUS DEAN N Town code 025200 Town of Genesee Map# 188.-1-906 Assessment: 0 Acreage: 110.00 Tax sale date: 2/01/02 Tax sale amt: 26.41 - - - - - - - - - - - - GRANT DAVID A Town code 025800 Town of Hume Map# 4.-1-26.3 Assessment: 67,900 Acreage: 6.00 Tax sale date: 2/01/02 Tax sale amt: 2,764.54 - - - - - - - - - - - - RICKETTS EVA R Town code 025800 Town of Hume Map# 5.-1-22.2 Assessment: 25,900 Acreage: 4.80 Tax sale date: 2/01/02 Tax sale amt: 906.69 - - - - - - - - - - - - -

Bk: Pg:

1037 233

- - - - - - Bk: Pg:

974 00273

- - - - - - Bk: Pg:

- - - - - - Bk: Pg:

- - - - - - Bk: Pg:

871 00306

- - - - - - Bk: Pg:

1132 145

- - - - - - -

108 LEGISLATORS’ PROCEEDINGS

CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING NY 14830 Consideration: 11,000.00

- - - - - - - - - - - - - WYMER F L PO BOX 315 FRIENDSHIP NY 14739 Consideration: 10,000.00

- - - - - - - - - - - - - MCCUMISKEY PETER J 69 SHERMAN ST BELFAST NY 14711 Consideration: 9,000.00

- - - - - - - - - - - - - KRUEGER TERRANCE L KRUEGER PATRICIA A 34 BARRINGER DR HAMLIN NY 14464 Consideration: 16,000.00

- - - - - - - - - - - - - KRUEGER TERRANCE L KRUEGER PATRICIA A 34 BARRINGER DR HAMLIN NY 14464 Consideration: 7,100.00

NYE MARK Town code 025800 Town of Hume Map# 14.-3-9.1 Assessment: 18,900 Acreage: 1.00 Tax sale date: 2/01/00 Tax sale amt: 449.26 - - - - - - - - - - - - TAYLOR ALAN TAYLOR RONDA Town code 026400 Town of Rushford Map# 63.17-1-28 Assessment: 32,100 Acreage: 1.30 Tax sale date: 2/01/02 Tax sale amt: 722.14 - - - - - - - - - - - - MOUNTAIN DAVID J Town code 026400 Town of Rushford Map# 64.-1-5 Assessment: 31,100 Acreage: 2.30 Tax sale date 2/01/02 Tax sale amt: 649.72 - - - - - - - - - - - - KRUEGER TERRY KRUEGER PAT Town code 026800 Town of Ward Map# 187.-1-4.4 Assessment: 22,000 Acreage: 5.94 Tax sale date: 2/01/02 Tax sale amt: 1,149.70 - - - - - - - - - - - - KRUEGER TERRANCE L Town code 026800 Town of Ward Map# 187.-1-4.14 Assessment: 4,800

395 S AVE BRADFORD PA 16701 Consideration: 6,500.00

Acreage: 5.94 Tax sale date: 2/01/02 Tax sale amt: 250.85 - - - - - - - - - - - - BLAHOVEC DANIEL C/O DAVID PULLEN ATTORNEY Town code 026800 Town of Ward Map# 187.-1-48.61 Assessment: 6,800

- - - - - - - - - - - - - -

Acreage: 6.40 Tax sale date: 2/01/02 Tax sale amt: 2,838.26 - - - - - - - - - - - - -

- - - - - - - - - - - - - ESTATE OF DANIEL J BLAHOVEC

Bk: Pg:

1196 45

- - - - - - Bk: Pg:

1132 315

- - - - - - Bk: Pg:

897 00224

- - - - - - Bk: Pg:

760 00340

- - - - - - Bk: Pg:

924 00312

- - - - - - Bk: Pg:

- - - - - - -

109 LEGISLATORS’ PROCEEDINGS CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING NY 14830 Consideration: 10,000.00

- - - - - - - - - - - - - CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING NY 14830 Consideration: 11,000.00

- - - - - - - - - - - - - CARLIN MARK T 1553 PETROLIA RD WELLSVILLE NY 14895 Consideration: 1,000.00

- - - - - - - - - - - - - DEMARTE STEPHEN J 35 N CHURCH ST CANASERAGA NY 14822 Consideration: 1,000.00

- - - - - - - - - - - - - GRAVES BARBARA A 33 WINDOVER W WELLSVILLE NY 14895 Consideration: 2,800.00

- - - - - - - - - - - - - EATON DANIEL L 74 W LAMOKA AVE SAVONA NY 14879 Consideration: 4,000.00

- - - - - - - - - - - - - -

GAYLORD DONNA Town code 026800 Town of Ward Map# 187.-1-70 Assessment: 45,900 Acreage: 12.00 Tax sale date: 2/01/02 Tax sale amt: 2,398.69 - - - - - - - - - - - - MAYO DAVID Town code 027001 Town of Wellsville Map# 239.9-2-32 Assessment: 37,700 Acreage: .36 Tax sale date: 4/01/96 Tax sale amt: 2,174.63 - - - - - - - - - - - - COUNTY OF ALLEGANY Town code 027001 Town of Wellsville Map# 239.14-2-18 Assessment: 10,000 Acreage: .19 Tax sale date: 2/01/00 Tax sale amt: 546.32 - - - - - - - - - - - - MAYO DAVID Town code 027001 Town of Wellsville Map# 239.38-1-19 Assessment: 4,500 Acreage: 0.00 Tax sale date: 4/01/97 Tax sale amt: 1,615.03 - - - - - - - - - - - - MAYO DAVID Town code 027001 Town of Wellsville Map# 239.38-1-20 Assessment: 5,300 Acreage: 0.00 Tax sale date: 4/01/97 Tax sale amt: 2,447.08 - - - - - - - - - - - - BURROUS RICHARD & CONCETT Town code 027001 Town of Wellsville Map# 239.45-1-9 Assessment: 215,900 Acreage: 0.00 Tax sale date: 2/01/02 Tax sale amt: 13,236.46 - - - - - - - - - - - - -

Bk: Pg:

1125 277

- - - - - - Bk: Pg:

1039 304

- - - - - - Bk: Pg:

1246 33

- - - - - - Bk: Pg:

995 00258

- - - - - - Bk: Pg:

995 00258

- - - - - - Bk: Pg:

1142 250

- - - - - - -

110 LEGISLATORS’ PROCEEDINGS

EATON DANIEL L 74 W LAMOKA AVE SAVONA NY 14879 Consideration: 1,000.00

- - - - - - - - - - - - - BROWN LUCINDA M UNIT #2 B7 370 CO RD 18 ALMA NY 14708 Consideration:

100.00

- - - - - - - - - - - - - ENGLISH RICHARD M ENGLISH LISA M 103 N HIGHLAND AVE WELLSVILLE NY 14895 Consideration: 4,400.00

- - - - - - - - - - - - - EATON DANIEL L 74 W LAMOKA AVE SAVONA NY 14879 Consideration: 2,400.00

- - - - - - - - - - - - - GRAVES GREGORY M 2169 CLARK RD WELLSVILLE NY 14895 Consideration: 1,100.00

- - - - - - - - - - - - - KELLY GIRARD P 3928 CO RD 16 ANGELICA NY 14709 Consideration: 7,800.00

- - - - - - - - - - - - - -

BURROUS RICHARD & CONCETT Town code 027001 Town of Wellsville Map# 239.45-1-10 Assessment: 43,100 Acreage: 0.00 Tax sale date: 2/01/02 Tax sale amt: 1,830.76 - - - - - - - - - - - - COUNTY OF ALLEGANY Town code 027089 Town of Wellsville Map# 227.-1-16 Assessment: 2,200 Acreage: .37 Tax sale date: 11/30/92 Tax sale amt: 2,194.61 - - - - - - - - - - - - DILLIE DEAN G Town code 027089 Town of Wellsville Map# 239.8-1-59 Assessment: 10,700 Acreage: .22 Tax sale date: 2/01/02 Tax sale amt: 199.15 - - - - - - - - - - - - COLE WALTER P JR Town code 027089 Town of Wellsville Map# 251.-1-37.1 Assessment: 26,800 Acreage: 8.70 Tax sale date: 2/01/02 Tax sale amt: 1,051.94 - - - - - - - - - - - - GRAVES GREGORY M Town code 027089 Town of Wellsville Map# 252.19-1-29 Assessment: 5,000 Acreage: .24 Tax sale date: 4/01/99 Tax sale amt: 97.56 - - - - - - - - - - - - CHANDLER BRUCE R Town code 027200 Town of West Almond Map# 136.-1-11.3 Assessment: 29,500 Acreage: .30 Tax sale date: 2/01/01 Tax sale amt: 1,289.67 - - - - - - - - - - - - -

Bk: Pg:

1180 10

- - - - - - Bk: Pg:

1246 31

- - - - - - Bk: Pg:

1185 340

- - - - - - Bk: Pg:

1102 18

- - - - - - Bk: Pg:

1154 7

- - - - - - Bk: Pg:

1182 274

- - - - - - -

111 LEGISLATORS’ PROCEEDINGS

MILLER HOWARD M 30 E HUGHES ST BELFAST NY 14711 Consideration: 11,000.00

- - - - - - - - - - - - - MOLISANI LOUIS C JR 6750 PLEASANT VALLEY RD FRIENDSHIP NY 14739 Consideration: 8,000.00

- - - - - - - - - - - - - BUTTON TERRY L BUTTON RICKY L 6835 CO RD 8 P0 BOX 65 RICHBURG NY 14774 Consideration: 170.00

- - - - - - - - - - - - - BROWN JACK BOX 258B ALMOND NY 14804 Consideration: 1,500.00

- - - - - - - - - - - - - Moved by: Mr. Nielsen Seconded by: Mr. Truax

NESTARK ERIC S Town code 027200 Town of West Almond Map# 149.-1-18.22 Assessment: 18,300 Acreage: 21.10 Tax sale date: 2/01/02 Tax sale amt: 861.34 - - - - - - - - - - - - COLE JAMIE E COLE PAMELA A Town code 027601 Town of Wirt Map# 247.18-1-58 Assessment: 34,000 Acreage: .15 Tax sale date: 2/01/00 Tax sale amt: 1,295.16 - - - - - - - - - - - - COVERT DONALD COVERT IRIS Town code 027689 Town of Wirt Map# 234.-1-12 Assessment: 2,000 Acreage: 0.00 Tax sale date: 2/01/02 Tax sale amt: 77.34 - - - - - - - - - - - - MCCOY MARTIN L Town code 027689 Town of Wirt Map# 246.-3-5 Assessment: 22,500 Acreage: 0.00 Tax sale date: 2/01/02 Tax sale amt: 859.82 - - - - - - - - - - - - -

Bk: Pg:

1232 87

- - - - - - Bk: Pg:

1181 51

- - - - - - Bk: Pg:

- - - - - - Bk: Pg:

990 00066

- - - - - - -

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 120-04 REQUESTING UNITED STATES DEPARTMENT OF TRANSPORTATION TO LABEL DEPLETED URANIUM SHIPMENTS AS “RADIOACTIVE” TO PROTECT EMERGENCY RESPONDERS IN CASE OF AN ACCIDENT DURING TRANSPORT Offered by:

Public Safety Committee

WHEREAS, unmarked radioactive ammunition shipments are currently allowed by a special United States Department of Transportation (USDOT) exemption, allowing explosives and radioactive material to be shipped with only an “Explosive” placard, and WHEREAS, the USDOT exemption, DOT-E9649, was first applied for in 1986 by the Military Traffic Management Command (MTMC), and

112 LEGISLATORS’ PROCEEDINGS WHEREAS, DOT-E9649 has been renewed every few years by the USDOT and the MTMC, and could be renewed again on June 30, 2004, and WHEREAS, Depleted Uranium (DU) munitions are uniquely hazardous material, consisting of a radioactive penetrator which breaks down into small particles when burned, and WHEREAS, in a highway or railway fire, DU munitions could possibly spread radioactive material downwind for a great distance, and WHEREAS, first responders (local police and firefighters) would have no idea that the shipment contains potentially harmful radioactive materials, now, therefore, be it RESOLVED: 1. That the USDOT is asked not to provide an exemption on appropriate labeling. 2. That the Director of Emergency Services make all the appropriate contacts to State and Federal Agencies to further understand the issue and express concern on the issue. 3. That the Clerk of this Board is directed to send this resolution to all counties in New York State for similar action. Moved by: Mr. Truax Seconded by: Mr. Sherman

Adopted: Roll Call 13 Ayes, 2 Noes, 0 Absent Voting No: Burdick, Regan

Resolution Intro. No. 122-04 (Transfer of Account to Sheriff’s Account) was DEFEATED on Ayes, 8 Noes, 0 Absent. Voting No: Burdick, Russo, Sherman, Sobeck, Truax. The requested for the purchase of three new vehicles.

Funds from Contingent a roll call vote of 7 Dibble, Myers, Regan, transfer of funds was

RESOLUTION NO. 121-04 ACCEPTANCE AND APPROPRIATION OF DONATIONS FROM VARIOUS INDIVIDUALS AND ORGANIZATIONS FOR USE IN FUNDING 2006 COUNTY BICENTENNIAL CELEBRATION Offered by:

Finance Committee

RESOLVED: 1. That the sum of $3,625 in donations from various individuals and organizations for use in funding the 2006 County Bicentennial Celebration is accepted. 2. That the accepted sum of $3,625 is appropriated to Account No. A7550.447 (Bicentennial Donations) with a like sum credited to Revenue Account No. A08.2705.7550 (Gifts and Donations). Moved by: Mr. Crandall Seconded by: Mr. Truax

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

113 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 122-04 ACCEPTANCE OF MONEY FROM THE SOUTHWESTERN REGIONAL EMS COUNCIL AND APPROPRIATION OF SAME TO EMERGENCY SERVICES CONTRACTUAL EXPENSES ACCOUNT Offered by:

Public Safety and Ways and Means Committees

WHEREAS, a sum of $1,600 has been offered by the Southwestern Regional EMS Council to the Allegany County Office of Emergency Services for the purpose of funding training programs, now, therefore, be it RESOLVED: 1. That the sum of $1,600 is accepted from the Southwestern Regional EMS Council to be used for unfunded training programs. 2. That the accepted sum of $1,600 from the Southwestern Regional EMS Council is appropriated to Account No. A3640.4, with a like sum credited to Revenue Account No. A08.2705.3640. Moved by: Mr. Reynolds Seconded by: Mr. Truax

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 123-04 ACCEPTANCE AND APPROPRIATION OF DONATIONS FROM HORNELL PIZZA HUT AND WELLSVILLE PIZZA HUT FOR THE ALLEGANY COUNTY YOUTH COURT Offered by:

Resource Management Committee

RESOLVED: 1. That the sum of $93.46 in donations from Hornell Pizza Hut and Wellsville Pizza Hut for the Allegany County Youth Court is accepted. 2. That the accepted sum of $93.46 is appropriated to Account No. A7321.4 (Youth Court) with a like sum credited to Revenue Account No. A08.2705.3825 (Gifts and Donations). Moved by: Mr. Sherman Seconded by: Mr. Heineman

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 124-04 APPROVAL OF EQUIPMENT LEASE AGREEMENT WITH BOMBARDIER MOTOR CORP. OF AMERICA; AUTHORIZING SHERIFF TO EXECUTE LEASE Offered by:

Public Safety Committee

RESOLVED: 1. That the Equipment Lease Agreement with Bombardier Motor Corp. of America for the use of a personal water craft by the Office of the Sheriff for the period June 1, 2004 through September 7, 2004 is approved. 2. That the Allegany County Sheriff is authorized to execute such Equipment Lease Agreement. Moved by: Mr. Truax Seconded by: Mr. Reynolds

Adopted: Roll Call 14 Ayes, 1 No, 0 Absent Voting No: Sobeck

114 LEGISLATORS’ PROCEEDINGS

(Memo: Regarding Resolution No. 124-04, the personal water craft will be used during the summer boating season on Cuba Lake and Rushford Lake by the Sheriff’s Marine Patrol. There is no cost and no extra staff involved.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Nielsen, seconded by Legislator Truax and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims be approved for payment as recommended by the County Administrator. The meeting was adjourned. -------June 28, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Bennett. Roll Call:

All present except Legislators Nielsen and Russo.

APPROVAL OF MINUTES: The Board meeting minutes of May 10 and 24, 2004 were approved on a motion by Legislator Dibble, seconded by Legislator Sherman and carried. PRIVILEGE OF THE FLOOR: Chairman Palmer presented a certificate of appreciation to Gertrude A. Butera, in recognition of her five years of outstanding work and dedication to the Allegany County Planning Board. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of May 2004. 2. A media release was received from Southern Tier West Regional Planning and Development Board outlining highlights of their June board meeting. 3. The Town of Grove filed a resolution in support of “city status” for the Village of Wellsville. 4. Correspondence was received from Michael Johnsen, Secretary for the Northeast Allegany County Coalition, supporting the hiring of a grantsman such as Stewart Brown Associates, to provide grant services to Allegany County and to provide assistance to communities within the County.

115 LEGISLATORS’ PROCEEDINGS RESOLUTIONS: RESOLUTION NO. 125-04 URGING GOVERNOR AND STATE LEGISLATURE TO SPONSOR AND ENACT LEGISLATION AMENDING THE FREEDOM OF INFORMATION LAW AND ELECTION LAW RELATING TO THE RELEASE OF PERSONAL INFORMATION FROM VOTERS ROLLS AND REFRAINING FROM IMPLEMENTING MEASURES OF HELP AMERICA VOTE ACT OF 2002 AND THE CREATION BY NYS BOARD OF ELECTIONS OF A STATEWIDE VOTER DATABASE Offered by:

Personnel Committee

WHEREAS, voters rolls not only contain the names and addresses of registered voters, but also contain the voter’s full date of birth and telephone number, and now with federal enactment of the “Help America Vote Act of 2002” there will be the further requirement that either a voter’s driver’s license number or the last 4-digits of his or her social security number will need to be present on the rolls, and WHEREAS, under the New York State Freedom of Information Law, there has been no protection afforded to protect and guard this information from public and commercial view, copying and exploitation, and the New York State Board of Elections has taken the stance that Counties must provide all such information when presented with a FOIL request, and WHEREAS, the New York State Board of Elections is now in the process of creating a “statewide” voter database which will on a wider scale disseminate this wealth of personal information to any and all who desire access, and WHEREAS, identity theft is a very harsh reality and the information now required to be part of the voter rolls provides a criminal with all he needs to devastate a voter’s life, and WHEREAS, the New York State Board of Elections has taken the position that “if a person doesn’t want all of his personal information released, he can choose not to register,” which is a tragic statement when the goal should be to encourage the registration of voters, not to discourage, when the better solution would be to change the law to minimize the amount of personal information available on the list, and WHEREAS, there are legitimate reasons for name, address and year of birth to be part of a voter’s registration record, which include political candidates being able to find voters to seek their support, or after an election to file a challenge. Both month and day of birth, driver’s license number and/or last 4-digits of a voter’s social security number provide no legitimate information. To justify their inclusion based on security reasons is too easy a shroud, there must be an easier non-intrusive method available. This information once made part of the public record, means it is available to all, including telemarketers, junk mailers, criminals and others, and WHEREAS, stout defense should be accorded the Freedom of Information Law, but not when dissemination of needless information will cause personal harm. The current state of the law provides too much freedom with too much information, and it should be the goal of the government and every official to protect all citizens rather than exposing them, now, therefore, be it

116 LEGISLATORS’ PROCEEDINGS RESOLVED: 1. That the Allegany County Board of Legislators urges the Governor to endorse and New York State Legislature to amend the current Freedom of Information Law and the New York State Election Law to provide that a voter’s day and month of birth, driver’s license number and/or any portion of their social security number not be made part of information to be included on the voter registration records, or in the alternative that such information be exempted from disclosure under FOIL. 2. This Board of Legislators further request a halt to the creation and/or dissemination by the New York State Board of Elections of a statewide voter database, or in the alternative, require that such personal information just mentioned not be included as part of the database and refrain from adopting a statewide plan implementing the federal legislation known as “Help America Vote Act of 2002,” unless the requirement for inclusion of personal information is first removed. 3. That the Clerk of the Board of Legislators is authorized and directed to forward certified copies of this resolution to Governor George E. Pataki, Assembly Speaker Sheldon Silver, the Majority and Minority Leaders of the State Senate and Assembly, New York State Board of Elections, Robert Freeman, Executive Director, Committee on Open Government, U.S. Senators Clinton and Schumer, State Senator Patricia McGee and Assembly Members Burling and Young. Moved by: Mr. Dibble Seconded by: Mr. Burdick

Adopted: Voice Vote

RESOLUTION NO. 126-04 URGING NEW YORK STATE LEGISLATURE TO ADOPT ASSEMBLY REPUBLICAN MEDICAID RESTRUCTURING PLAN Offered by:

Finance Committee

WHEREAS, New York’s Medicaid Program Medicaid program in the United States, and

is

the

most

expensive

WHEREAS, Medicaid expenditures are projected to reach 44 billion dollars in fiscal 2004-2005 if changes to the system are not implemented, and WHEREAS, the financial burden Medicaid places on local governments is consuming an increasingly larger percentage of local tax revenue, and WHEREAS, the Assembly Republican Conference has proposed a Medicaid Restructuring Plan which provides for the State taking over the local Medicaid share in exchange for one percent of the local sales tax collections, and WHEREAS, the Plan if adopted, could save Allegany County over 1.1 million dollars in fiscal 2004-2005, now, therefore, be it RESOLVED: 1. That this Board urges the New York State Legislature to adopt the Assembly Republican Medicaid Restructuring Plan. 2. That the Clerk of this Board is directed to forward a certified copy of this resolution to Governor George Pataki, the Majority and Minority Leaders of the New York State Assembly, the

117 LEGISLATORS’ PROCEEDINGS Majority and Minority Leaders of the New York State Senate, State Senator Patricia McGee and Members of the Assembly Catharine M. Young and Daniel J. Burling. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 127-04 REAPPOINTMENT OF JERRY GARMONG AS DIRECTOR OF EMPLOYMENT AND TRAINING Offered by:

Planning and Development Committee

Pursuant to Local Law No. 4 of 1992 RESOLVED: 1. That Jerry Garmong is reappointed Director of Employment and Training for a term of three years commencing August 25, 2004, and expiring August 24, 2007. Moved by: Mrs. Myers Seconded by: Mr. Dibble

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 128-04 REAPPOINTMENT OF ONE MEMBER TO COUNTY BOARD OF HEALTH Offered by:

Human Services Committee

Pursuant to Public Health Law §§ 343 and 344 RESOLVED: 1. That Dr. Leo Cusumano is reappointed to the County Board of Health with term of office commencing July 8, 2004, and expiring July 7, 2010. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

A motion was made by Legislator Truax, seconded by Legislator Crandall and carried, to grant Legislator Sherman permission to abstain from voting on Resolution Intro. No. 132-04 (Approval of Board Chairman’s Reappointment of One Member to the Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Railroad Authority). RESOLUTION NO. 129-04 APPROVAL OF BOARD CHAIRMAN'S REAPPOINTMENT OF ONE MEMBER TO THE CHAUTAUQUA, CATTARAUGUS, ALLEGANY AND STEUBEN SOUTHERN TIER EXTENSION RAILROAD AUTHORITY Offered by:

Planning and Development Committee

RESOLVED: 1. That Edgar Sherman of Little Genesee, New York, is reappointed to the Chautauqua, Cattaraugus, Allegany, and Steuben Southern Tier Extension Railroad Authority, with term of office to commence August 28, 2004, and expire August 27, 2007. Moved by: Mrs. Myers Seconded by: Mr. Reynolds

Adopted: Roll Call 12 Ayes, 0 Noes, 2 Absent Abstained: Sherman

118 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 130-04 APPROVAL OF BOARD CHAIRMAN’S REAPPOINTMENT OF THREE MEMBERS TO SOUTHERN TIER WEST REGIONAL PLANNING AND DEVELOPMENT BOARD Offered by:

Planning and Development Committee

Pursuant to Resolution No. 35-68, as amended by Resolution No. 93-75 RESOLVED: 1. That the reappointment by the Chairman of this Board of John E. Margeson of Scio, New York, Jerry Scott of Cuba, New York and Brent Reynolds of Alfred Station, New York, as members of the Southern Tier West Regional Planning and Development Board, with term of office commencing June 1, 2004, and expiring May 31, 2007, is approved. Moved by: Mrs. Myers Seconded by: Mr. Burdick

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

Resolution Intro. No. 134-04 (Granting Salary Increments Effective July 1, 2004, to Unit and Non-Unit Employees) was amended on a motion by Legislator Burdick, seconded by Legislator Dibble and carried, by changing “eleven” to “six” in the first paragraph. RESOLUTION NO. 131-04 GRANTING SALARY INCREMENTS EFFECTIVE JULY 1, 2004, TO UNIT AND NON-UNIT EMPLOYEES Offered by:

Personnel Committee

Pursuant to § 5 (9) of Resolution No. 1-69 and Rule 7 of § 5 of Resolution No. 297-75 WHEREAS, six County unit and non-unit employees are eligible to receive an annual salary increment effective July 1, 2004, and WHEREAS, the proper County department heads have recommended that such employees receive their respective annual salary increment effective July 1, 2004, having been satisfied, after review, with each of such employees’ service, with attention having been given to the efficiency with which each of such employees has performed his or her respective duties, as well as the attendance record of each and all other factors having an effect on the work record of each, and WHEREAS, this therefore, be it

Board

concurs

in

such

recommendation,

now,

RESOLVED: 1. That the following listed employees are granted respective annual increment effective July 1, 2004, to wit: Department County Attorney Social Services Social Services Aging Sheriff’s Dept. Health

Name Osgood, O. Bailey, C. Freeman, A. Scott, L. Chamberlain, P. Reynolds, R.

Moved by: Mr. Burdick Seconded by: Mr. Dibble

their

Title Increment Secy. to Co. Atty. $.40 Comm. Svc. Aide $.24 Typist $.24 Aging Svc. Tech PT $.44 Emerg. Svc. Disp. $.38 PHCP Coord. $.56 Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

119 LEGISLATORS’ PROCEEDINGS Resolution Intro. No. 135-04 (Fixing Salary of Assistant Public Defenders) was WITHDRAWN by Legislator Reynolds, Chairman of the Public Safety Committee. RESOLUTION NO. 132-04 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO COUNTY ADMINISTRATOR CONTRACTUAL EXPENSES ACCOUNT Offered by:

Finance Committee

RESOLVED: 1. That the sum of $12,900 is transferred from Account No. A1990.4 to Account No. A1011.4 to finance the cost of a study of potable water and waste water service at Belvidere. Moved by: Mr. Crandall Seconded by: Mrs. Myers

Adopted: Roll Call 12 Ayes, 1 No, 2 Absent Voting No: Sobeck

(Memo: In reference to Resolution No. 132-04, the Belvidere study was authorized by Resolution No. 75-04 on April 12, 2004.) RESOLUTION NO. 133-04 TRANSFER OF FUNDS WITHIN PROBATION ACCOUNT Offered by:

Public Safety Committee

RESOLVED: 1. That the sum of $185 is transferred from Account No. A3140.4 to Account No. A3140.2, for the purchase of a paper shredder and bags. Moved by: Mr. Bennett Seconded by: Mr. Truax

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 134-04 ACCEPTANCE BY THE COUNTY OF ALLEGANY OF A STATE GRANT-IN-AID FROM THE NEW YORK STATE DIVISION OF VETERANS’ AFFAIRS; APPROVAL OF GRANT CONTRACT AND APPROPRIATION OF SAME TO VETERANS’ SERVICE ACCOUNT Offered by:

Personnel and Finance Committees

RESOLVED: 1. That the County of Allegany accepts a State Grant-in-Aid from the New York State Division of Veterans’ Affairs in the amount of $1,860 and approves the Grant Contract and the Director of the Allegany County Veterans’ Service Agency is authorized to execute the Grant Contract. 2. That the sum of $1,860 is appropriated as follows: $1,380 to Account No. A6510.4 and $480 to Account No. A6510.1, with a like sum credited to Revenue Account No. A10.3710.6510. Moved by: Mr. Burdick Seconded by: Mr. Crandall

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: The grant accepted per Resolution No. 134-04 will assist the Veterans’ Service Agency in ongoing training requirements necessary

120 LEGISLATORS’ PROCEEDINGS to maintain standards.)

accreditation

in

accordance

with

American

Legion

RESOLUTION NO. 135-04 AUTHORIZING THE CHAIRMAN TO EXECUTE CONTRACT BETWEEN COUNTY OF ALLEGANY, COUNTY OF CATTARAUGUS AND CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD FOR WIB FUNDING Offered by:

Planning and Development and Finance Committees

Pursuant to Section 117 (d) (3) of the Workforce Investment Act of 1998, 29 USCS 2832 (d) (3) WHEREAS, an agreement is necessary with Cattaraugus County and the Cattaraugus-Allegany Workforce Investment Board to authorize the funding streams which are currently being received by the County, or which are anticipated to be received by the County in conjunction with the Workforce Investment System, to flow to the Workforce Investment Board, now, therefore, be it RESOLVED: 1. That the Chairman of the Allegany County Board of Legislators is authorized and directed to execute a contract, on behalf of Allegany County, with Cattaraugus County and the Cattaraugus-Allegany Workforce Investment Board for the abovedescribed funding. Moved by: Mrs. Myers Seconded by: Mr. Dibble

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: The term of the contract approved in Resolution No. 135-04 is July 1, 2003 through June 30, 2004.) RESOLUTION NO. 136-04 APPROVAL OF AMENDMENT OF COURT SECURITY AGREEMENT (C200225) BETWEEN THE NEW YORK STATE UNIFIED COURT SYSTEM AND THE ALLEGANY COUNTY SHERIFF'S DEPARTMENT; APPROPRIATION OF THE ALLOCATED INCREASE Offered by:

Public Safety and Finance Committees

RESOLVED: 1. The amendment of an agreement for the period April 1, 2003, through March 31, 2004, between the New York State Unified Court System and the Allegany County Sheriff's Department for the provision of Court Security, is approved; the Allegany County Sheriff being authorized to execute such Amendment. 2. That the allocated increase of $9,291 is appropriated to Revenue Account No. A03.226.00. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

121 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 137-04 APPROVAL OF AGREEMENT BETWEEN COUNTY OF ALLEGANY AND THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT Offered by:

Resource Management Committee

RESOLVED: 1. That Agreement between the County of Allegany and the Allegany County Soil and Water Conservation District in relation to the development of a County-wide Pre-Disaster Mitigation Plan, is approved. 2. That the Chairman of this Board is authorized to execute said Agreement. Moved by: Mr. Sherman Seconded by: Mrs. Myers

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: The County accepted a Pre-Disaster Mitigation Planning Grant from the New York State Emergency Management Office in the amount of $28,988 per Resolution No. 212-2003. The cost of the agreement approved in Resolution No. 137-04 will be covered by this grant.) ANNOUNCEMENTS: PETITIONS: Legislator Sobeck presented two petitions to the Chairman of the Board on behalf of County citizens: the first, with 2,656 signatures, in support of reducing the size of the County Legislative Board; and the second, with 826 signatures, in opposition to the building of a new jail. COUNTY VISITORS’ CENTER: Legislator Myers announced the grand opening of the new County Visitors’ Center at the Crossroads Commerce and Conference Center on Wednesday, June 30, at 10:00. VALLEY VIEW DAIRY FARM DEMONSTRATION: Legislator announced a demonstration on Tuesday, June 29, at 10:00, State’s first robotic milking operation at Valley View Dairy County Road 31A. Board members are invited to attend and noted that there will be State representatives present.

Bennett of the Farm on it was

OPEN LETTER TO STATE LEADERSHIP: Legislator Dibble made note of an open letter to be sent to the Governor and New York State Senate and Assembly leadership regarding rising Medicaid costs and the effect on economic conditions in the County. Mr. Dibble expressed the need for help now, in 2004, and noted other Counties should be contacted for support. AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Crandall, seconded by Legislator Truax and adopted on a roll call vote of 13 Ayes, 0 Noes, 2 Absent, that the audit of claims be approved for payment as recommended by the County Administrator. The meeting was adjourned on a motion made by Legislator Truax, seconded by Legislator Bennett and carried. --------

122 LEGISLATORS’ PROCEEDINGS July 12, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Dibble. Roll Call:

All present.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the Board meeting minutes of June 14, and 28, 2004 for review. 2. Placed on each legislator’s desk was a copy of the Report of Tax Bill Corrections approved by the County Administrator for the month of June 2004. 3. Also placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of June 2004. 4. The Village of Richburg submitted a Resolution Opposing Granting of City Status for the Village of Wellsville. 5. Correspondence was received from Gertrude Butera thanking the Board for the certificate of appreciation she received at the last Board meeting. APPOINTMENTS: Chairman James G. Palmer, in a joint measure with Gerard Fitzpatrick, Chairman of the Cattaraugus County Board of Legislators, appointed Mr. Jett Mehta, of Pittsford, New York, to serve on the Cattaraugus-Allegany Workforce Investment Board. Mr. Mehta will be replacing Paul Denning and will serve the remainder of the term until December 31, 2005. RESOLUTIONS: RESOLUTION NO. 138-04 DESIGNATING COUNTY ADMINISTRATOR AS APPROPRIATE PUBLIC OFFICER; DIRECTING COUNTY ADMINISTRATOR TO CAUSE MAPS AND PLANS TO BE PREPARED FOR THE ESTABLISHMENT OF A COUNTY WATER DISTRICT IN THE VILLAGE OF BELMONT AND TOWN OF AMITY AND UPON COMPLETION OF THE PREPARATION OF SUCH MAPS AND PLANS TO TRANSMIT SAME TO THIS BOARD TOGETHER WITH A REPORT OF PROCEEDINGS AND RECOMMENDATIONS Offered by:

Facilities Planning and Management Committee Pursuant to County Law Article 5-A

RESOLVED: 1. That pursuant to the provisions of County Law Section 251, the County Administrator is designated to act as the County officer having the powers prescribed in sections two hundred fifty-two, two hundred fifty-three and two hundred fifty-four of the County Law and such other powers and duties as this Board may determine necessary to carry into effect the directives in paragraph 2. of this resolution.

123 LEGISLATORS’ PROCEEDINGS 2. That the County Administrator is directed to cause maps and plans to be prepared for the establishment of a County water district in the Village of Belmont and Town of Amity and upon completion of the preparation of such maps and plans to transmit same to this Board together with a report of proceedings and recommendations, including a recommendation as to what officer, board or body should be the administrative head of the proposed district. Moved by: Mr. Heineman Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: Resolution No. 138-04 refers to a water district that would provide municipal water at the new Public Safety Complex.) RESOLUTION NO. 139-04 AUTHORIZING COUNTY ADMINISTRATOR TO APPROVE CHANGE ORDERS TO CONTRACT FOR CONSTRUCTION OF NEW COUNTY JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the County Administrator is authorized to approve and execute change orders to the contract for the construction of the new County jail and public safety complex in an amount not to exceed $10,000. Moved by: Mr. Bennett Seconded by: Mr. Heineman

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 140-04 RESOLUTION IN SUPPORT OF ACCORD CORPORATION APPLICATION TO UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR CONTINUUM OF CARE HOMELESS ASSISTANCE PROGRAM GRANT Offered by: WHEREAS, the Development has individuals and permanent housing,

Planning and Development Committee

United States Department of Housing and Urban created a grant program to assist homeless families to move toward self-sufficiency and and

WHEREAS, ACCORD Corporation and other local associated agencies have been working towards marshaling resources to combat homelessness in Allegany County in a coordinated and effective manner, now, therefore, be it RESOLVED: 1. That this Board supports the application of ACCORD Corporation to the United States Department of Housing and Urban Development for grant funding under the Continuum of Care Homeless Assistance Program to help reduce the incidence of homelessness in Allegany County by assisting homeless individuals and families to move toward self-sufficiency and permanent housing. 2. The Clerk of this Board is directed to forward a certified copy of this resolution to ACCORD Corporation. Moved by: Mr. Truax Seconded by: Mr. Bennett

Adopted:

Voice Vote

124 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 141-04 ABOLISHING ONE POSITION OF COMMUNITY SERVICES AIDE IN SOCIAL SERVICES DEPARTMENT Offered by:

Human Services Committee

RESOLVED: 1. That one position of Community Services Aide is abolished in the Social Services Department. 2.

This resolution shall take effect July 31, 2004.

Moved by: Mr. Truax Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: Regarding Resolution No. 141-04, the Facilities Planning and Management Committee recently approved the Department of Social Services occupying the old Development Office space. Their accounting unit will move to that space, subsequently allowing the CAP staff to move into the space vacated by accounting. These changes allowed the department to eliminate rental and utility costs and consolidate support staff functions, eliminating one position of Community Services Aide. For the last five months of 2004, Social Services’ payroll will be reduced by $8,583 and fringe costs by $3,444, for a total of $12,027. Estimated County dollar savings for 2004 are $3,007.) RESOLUTION NO. 142-04 ACCEPTANCE OF GRANT-IN-AID FROM NEW YORK STATE DEPARTMENT OF HEALTH FOR FAMILY PLANNING AND APPROPRIATION OF SAME TO FAMILY PLANNING CLINIC ACCOUNTS Offered by:

Human Services Committee

WHEREAS, the Allegany County Department of Health has received a grant-in-aid from the New York State Department of Health for Family Planning Women’s Reproductive Health Services in the amount of $12,994 representing a one time legislative add-on funding, now, therefore, be it RESOLVED: 1. That the grant-in-aid of $12,994 from the New York State Department of Health for Family Planning is accepted. 2. That the grant-in-aid is appropriated as follows: $5,469 to Account No. A4035.2, $7,525 to Account No. A4035.4, with a like sum of $12,994 credited to Revenue Account No. A10.3450.00. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Nielsen, seconded by Legislator Truax and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims be approved for payment as recommended by the County Administrator.

125 LEGISLATORS’ PROCEEDINGS

The meeting was adjourned on a motion made by Legislator Truax, seconded by Legislator Heineman and carried. -------July 26, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Sherman. Roll Call:

All present except Legislator Regan.

APPROVAL OF MINUTES: The Board meeting minutes of June 14 and 28, 2004 were approved on a motion by Legislator Sherman, seconded by Legislator Truax and carried. PRIVILEGE OF THE FLOOR: Chairman Palmer granted privilege of the floor to M. J. Knight, Allegany County Nutrition Outreach and Education Program Coordinator for Community Action. Ms. Knight spoke on their efforts to more fully utilize the USDA food stamp program through advertisements, group contacts, and flyers and facilitating applications with the Department of Social Services. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Notice was received in the Clerk of the Board’s Office of the next Inter-County Association meeting to be hosted by Livingston County on August 20 in Caledonia. 2. A media Regional Planning board meeting.

release was received from Southern Tier and Development Board highlighting their

West July

3. Correspondence was received from Richard Shelley, Town of Friendship Supervisor, commenting on Wellsville Mayor Thompson’s statement that granting Wellsville city status will not increase County taxes and urging the Board not to support Wellsville’s proposal. 4. The Allegany County Agricultural Society’s Annual Report for the period December 1, 2002 through November 30, 2003 was filed with the Clerk of the Board. 5. An invitation was received in the Clerk of the Board’s Office to attend the 2004 Allegany County Employment and Training One Stop Center’s Summer Youth Employment Program Open House on July 28 at the Belmont BOCES Center. 6. Notification was received from New York State Association of Counties (NYSAC) that the 2004 Fall Seminar will be held at the Oncenter Complex in Syracuse, New York, from September 21-24.

126 LEGISLATORS’ PROCEEDINGS RESOLUTIONS: RESOLUTION NO. 143-04 AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE OF THE STATE MULTI-MODAL PROGRAM AID-ELIGIBLE COSTS OF A CAPITAL PROJECT FOR REPLACEMENT OF A CULVERT ON COUNTY ROAD 24 AND APPROPRIATING FUNDS THEREFOR Offered by:

Public Works and Finance Committees

WHEREAS, a project for the replacement of a culvert, #24-33, on County Road 24, P.I.N. S4155 (the “Project”) is eligible for funding under New York State’s Multi-Modal Program administered by the NYS Department of Transportation (“NYSDOT”); and WHEREAS, the County of Allegany desires to advance the Project by making a commitment of advance funding of the non-local share and funding of the full local share of the costs of the Project, now therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators approves the above-subject project. 2. That the Allegany County Board of Legislators authorizes the County of Allegany to pay in the first instance 100 percent of the federal and non-federal share of the cost of construction work for the Project or portions thereof. 3. That the sum of $153,939 is appropriated from the designated Capital Project Account and made available to cover the cost of participation in the above phase of the Project. 4. That in the event the costs of the Project exceed the amount appropriated above, the Allegany County Board of Legislators shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof. 5. That the Chairman of the Allegany County Board of Legislators be and hereby is authorized to execute all necessary Agreements, certifications or reimbursement requests for Multi-Modal Program Funding on behalf of the County of Allegany with NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and all Project costs that are not so eligible. 6. That a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any required and/or appropriate Agreements executed in connection with the Project between the County of Allegany and the State of New York. 7.

This Resolution shall take effect immediately.

Moved by: Mr. Graffrath Seconded by: Mr. Crandall

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Regarding Resolution No. 143-04, County Road 24 Culvert is located in Swain, Town of Grove.)

127 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 144-04 AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE OF THE STATE MULTI-MODAL PROGRAM AID-ELIGIBLE COSTS OF A CAPITAL PROJECT FOR REPLACEMENT OF A BRIDGE ON COUNTY ROAD 7B AND APPROPRIATING FUNDS THEREFOR Offered by:

Public Works and Finance Committees

WHEREAS, a project for the replacement of a bridge, BIN 3330440, on County Road 7B, P.I.N. S4154 (the “Project”) is eligible for funding under New York State’s Multi-Modal Program administered by the NYS Department of Transportation (“NYSDOT”); and WHEREAS, the County of Allegany desires to advance the Project by making a commitment of advance funding of the non-local share and funding of the full local share of the costs of the Project, now therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators approves the above-subject project. 2. That the Allegany County Board of Legislators authorizes the County of Allegany to pay in the first instance 100 percent of the federal and non-federal share of the cost of construction work for the Project or portions thereof. 3. That the sum of $189,436 is appropriated from Capital Project Account H5605 and made available to cover the cost of participation in the above phase of the Project. 4. That in the event the costs of the Project exceed the amount appropriated above, the Allegany County Board of Legislators shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof. 5. That the Chairman of the Allegany County Board of Legislators be and hereby is authorized to execute all necessary Agreements, certifications or reimbursement requests for Multi-Modal Program Funding on behalf of the County of Allegany with NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and all Project costs that are not so eligible. 6. That a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any required and/or appropriate Agreements executed in connection with the Project between the County of Allegany and the State of New York. 7.

This Resolution shall take effect immediately.

Moved by: Mr. Graffrath Seconded by: Mr. Nielsen

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Regarding Resolution No. 144-04, County Road 7B Bridge is located in the Town of Rushford.)

128 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 145-04 AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE OF THE STATE MULTI-MODAL PROGRAM AID-ELIGIBLE COSTS OF A CAPITAL PROJECT FOR REPAVING THAT PART OF THE RAWSON ROAD WITHIN THE COUNTY OF ALLEGANY AND APPROPRIATING FUNDS THEREFOR Offered by:

Public Works and Finance Committees

WHEREAS, a project for the repaving of the Allegany County portion of Rawson Road, P.I.N. S4152 (the “Project”) is eligible for funding under New York State’s Multi-Modal Program administered by the NYS Department of Transportation (“NYSDOT”); and WHEREAS, the County of Allegany desires to advance the Project by making a commitment of advance funding of the non-local share and funding of the full local share of the costs of the Project, now therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators approves the above-subject project. 2. That the Allegany County Board of Legislators authorizes the County of Allegany to pay in the first instance 100 percent of the federal and non-federal share of the cost of construction work for the Project or portions thereof. 3. That the sum of $55,026 is appropriated from County Road Maintenance Account D5110 and made available to cover the cost of participation in the above phase of the Project. 4. That in the event the costs of the Project exceed the amount appropriated above, the Allegany County Board of Legislators shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof. 5. That the Chairman of the Allegany County Board of Legislators be and hereby is authorized to execute all necessary Agreements, certifications or reimbursement requests for Multi-Modal Program Funding on behalf of the County of Allegany with NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and all Project costs that are not so eligible. 6. That a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any required and/or appropriate Agreements executed in connection with the Project between the County of Allegany and State of New York. 7.

This Resolution shall take effect immediately.

Moved by: Mr. Graffrath Seconded by: Mr. Truax

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Regarding Resolution No. 145-04, Rawson Road section to be repaved is located in the Town of New Hudson.)

129 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 146-04 DESIGNATING THE CUBA PATRIOT & FREE PRESS AS SUBSTITUTE OFFICIAL NEWSPAPER FOR THE WEEK OF JULY 25, 2004 AND THE WEEK OF AUGUST 1, 2004 Offered by:

Ways and Means Committee

WHEREAS, the Clerk of this Board was informed that The Alfred Sun, one of the official newspapers, will not be published during the weeks of July 25, 2004 and August 1, 2004, now, therefore, be it RESOLVED: 1. Notwithstanding the provisions of Section 1 of Resolution No. 291-2003, The Cuba Patriot & Free Press is designated as a substitute official newspaper for The Alfred Sun to publish local laws, notices and other matters required by law to be published during the week of July 25, 2004 and the week of August 1, 2004. Moved by: Mr. Nielsen Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

Resolution Intro. No. 151-04 (Transfer of Funds for the Study of Landfill Expansion) was WITHDRAWN by Legislator Graffrath, Chairman of the Public Works Committee. The committee would like more time to revise the plan in an effort to get more for less. Resolution Intro. No. 152-04 (Approval of Transportation of Preschool Children with Handicapping Conditions Agreements with Fifteen Central School Districts and Livingston-Wyoming Arc) was not pre-filed and was considered from the floor on a motion made by Legislator Truax, seconded by Legislator Bennett and carried. RESOLUTION NO. 147-04 APPROVAL OF TRANSPORTATION OF PRESCHOOL CHILDREN WITH HANDICAPPING CONDITIONS AGREEMENTS WITH FIFTEEN CENTRAL SCHOOL DISTRICTS AND LIVINGSTON-WYOMING ARC Offered by:

Human Services and Finance Committees

WHEREAS, fifteen central school districts and LivingstonWyoming Arc will provide transportation for County preschool children with handicapping conditions, now, therefore, be it RESOLVED: 1. That each Agreement titled “Agreement Concerning the Transportation of Preschool Children with Handicapping Conditions” for the period July 1, 2004 to June 30, 2005, with the respective Central School Districts of Alfred-Almond, Andover, Arkport, Belfast, Bolivar-Richburg, Canaseraga, Cuba-Rushford, Fillmore, Friendship, Genesee Valley, Pioneer, Portville, Scio, Wellsville and Whitesville and Livingston-Wyoming Arc is approved; the Chairman of this Board being authorized to execute all such Agreements. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Regarding Resolution No. 147-04, area school districts have contracted with the County and provided transportation to eligible preschool children for the last 11 to 12 years. This collaborative

130 LEGISLATORS’ PROCEEDINGS effort has saved the County an estimated $150,000 to $200,000 per year in transportation costs. In fiscal year 2003, total expenditures totaled $56,394, representing a County share of 40.5 percent, or $22,740, with State reimbursement of the remaining 59.5 percent. The County also bills Medicaid for those children who are Medicaid-eligible to further offset this cost.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Crandall and adopted on Absent, that the audit recommended by the County

Legislator Nielsen, seconded by Legislator a roll call vote of 14 Ayes, 0 Noes, 1 of claims be approved for payment as Administrator.

The meeting was adjourned on a motion made by Legislator Truax, seconded by Legislator Crandall and carried. -------August 9, 2004 The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Reynolds. Roll Call:

All present.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the 2005 budget for the Allegany County Mutual Self-Insurance Plan, together with the apportionment of costs of the budget to the County, Towns, and Villages of Allegany County. 2. Also placed on each legislator’s desk were copies of the Board meeting minutes of July 12, and 26, 2004 for review. 3. Copies of the Report of Tax Bill Corrections approved by the County Administrator for the month of July 2004 were distributed to each legislator. 4. Copies of the Report of Intrafund Transfers approved by the County Administrator for the month of July 2004 were also distributed to each legislator. 5. Correspondence was received from Dawn Hebblethwaite thanking Board members for the donation made to the Angelica Bible Church Praise Team in memory of her husband. 6. Correspondence was received from Jones Memorial Hospital thanking Board members for the contribution made in memory of Jackie Weigand. 7. Filed in the Clerk of the Board’s Office was a resolution from the Town of Birdsall terminating their Snow Removal and Ice Control Contract with the County.

131 LEGISLATORS’ PROCEEDINGS

8. Correspondence was received from the Town of Ward indicating that the landfill and waste handling system should never be sold or privatized. The letter also expressed concern regarding the practice of taking garbage in at a rate less than it costs the County to handle the garbage. 9. Correspondence was received from the Village of Richburg inviting the legislators to participate in the Richburg Community Days to be held from September 3 to 5, 2004. 10. Also received in the Clerk of the Board’s Office was a resolution from the Town of Cuba in support of not reducing the number of County legislators to five. RESOLUTIONS: RESOLUTION NO. 148-04 RESOLUTION URGING FEDERAL INTERVENTION TO ADDRESS THE PROPERTY TAX CRISIS IN NEW YORK STATE Offered by:

Legislator William Dibble

WHEREAS, the New York State Legislature has been unable to carry out its governance responsibilities and is crippling counties, school districts and local governments through its inaction on numerous public policy issues, and WHEREAS, the Allegany County Board of Legislators has received notification from the Office of the New York State Comptroller warning that the County is now in a fiscal “danger zone” relating to the taxing limit imposed by the State Constitution, and WHEREAS, Allegany County is not alone in this regard, as other counties are now in this danger zone and many more may exceed their legal authority to tax in 2005, and WHEREAS, an obsolete Medicaid funding formula unique to New York has combined with two decades of ignoring the problem in Albany and has led to this looming crisis, and WHEREAS, Allegany County has increased its economic base over the last two decades, consolidated government functions, cut expenses and appropriations dramatically and employee layoffs are still likely, and WHEREAS, with current Medicaid trends, it is unlikely that the County can avoid exceeding its legal taxing limit, and WHEREAS, local property taxes in New York State are the highest in the Nation and deprive State residents the economic opportunity possessed by residents of other states, and WHEREAS, specifically, the State Legislature’s inability to address the local share cost of Medicaid has created a situation requiring unprecedented action, and WHEREAS, bold leadership by our New York Congressional delegation is needed immediately to avert a constitutional tax crisis with unknown consequences, and WHEREAS, federal intervention is now necessary to accomplish key steps to avoid a government fiscal crisis in New York State, now, therefore, be it

132 LEGISLATORS’ PROCEEDINGS

RESOLVED: 1. That this Board of Legislators urges its Congressional Representatives to act swiftly to enact federal legislation that will accomplish a substantial State takeover of local Medicaid costs and reduce the State’s Medicaid mandate on local governments and property taxpayers throughout the State. 2. That certified copies of this Resolution be forwarded to the County Treasurer; President George W. Bush; Senator Charles Schumer; Senator Hillary Clinton; Congressman Amory Houghton, Jr.; Congressman Michael McNulty; all New York Counties; Inter-County Legislative Committee of the Adirondacks; Inter-County of Western New York; County Budget Officer/County Auditor; and to each and every other person, institution or agency who will further the support of this Resolution. Moved by: Mr. Dibble Seconded by: Mr. Truax

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 149-04 URGING THE STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO CONTINUE TO PARTICIPATE IN LOCAL FOREST PRACTICE BOARD MEETINGS Offered by:

Resource Management Committee

WHEREAS, the Allegany County Local Forest Practice Board, DEC Region 9, is an agency that is a valuable asset to the County through the assistance it gives to those who manage private forests in Allegany County, and WHEREAS, private forest lands make up a substantial part of all forest lands in the County, and their proper maintenance is critical in order for the County and its forest owners to fully realize the potential of this multi-million dollar resource, and WHEREAS, one of the key roles of Forest Practice Boards is to offer public input to the Department of Environmental Conservation (DEC) on local and regional forestry issues, and WHEREAS, it is this Board’s understanding that the DEC plans to reduce or eliminate DEC forester staffing to Forest Practice Boards, and WHEREAS, this staffing reduction would be in addition to the previous elimination of DEC forester positions that serve Allegany County, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators urges the DEC to continue to support and staff the Allegany County Local Forest Practice Board, DEC Region 9 and other Forest Practice Boards in New York State. 2. That copies of this Resolution be forwarded to New York State Governor George Pataki; Senate Majority Leader Joseph Bruno; Assembly Speaker Sheldon Silver; Assembly Majority Leader Paul Tokasz; Assembly Minority Leader Charles Nesbitt; Assemblyman Daniel Burling; Assemblywoman Catharine M. Young; DEC Commissioner Erin Crotty; DEC Deputy Commissioner, Natural Resources and Water Quality, Lynette Stark; DEC Division of Lands and Forests Director

133 LEGISLATORS’ PROCEEDINGS Robert Davies; DEC Region 9 Director Gerald Mikol; and Association of Western New York. Moved by: Mr. Sherman Seconded by: Mrs. Myers

Inter-County

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 150-04 CONFIRMATION OF BOARD CHAIRMAN’S REAPPOINTMENTS TO COUNTY YOUTH BOARD Offered by:

Resource Management Committee

Pursuant to Resolution No. 95-79 RESOLVED: 1. That the reappointments by the Chairman of this Board of Judith Hopkins, Patrick Barry, Charles Neal and Edna Kayes to the County Youth Board, with term of office for each commencing March 26, 2004, and expiring March 25, 2007, are confirmed. Moved by: Mr. Sherman Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 151-04 CREATING ONE POSITION OF MOTOR EQUIPMENT OPERATOR/WELDER AND ABOLISHING ONE POSITION OF MOTOR EQUIPMENT OPERATOR IN THE DEPARTMENT OF PUBLIC WORKS DUE TO HUMAN RESOURCES AND CIVIL SERVICE DEPARTMENT RECLASSIFICATION Offered by:

Personnel Committee

WHEREAS, the Human Resources and Civil Service Department has reclassified one position of Motor Equipment Operator in the Department of Public Works to a Motor Equipment Operator/Welder position, now, therefore, be it RESOLVED: 1. That one position of Motor Equipment Operator/Welder is created and one position of Motor Equipment Operator is abolished in the Department of Public Works due to Human Resources and Civil Service Department reclassification. 2. That the new position of Motor Equipment Operator/Welder is placed in Grade 13 of the Unit Salary Plan. 3.

This resolution shall take effect on August 10, 2004.

Moved by: Mr. Russo Seconded by: Mr. Dibble

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

Resolution Intro. No. 157-04 (Transfer of Funds from Contingent Account to Law Enforcement Contractual Expenses Account) was amended on a motion by Legislator Crandall, seconded by Legislator Heineman and carried, to change contractual expenses account to equipment account. A motion was made by Legislator Myers and seconded by Legislator Nielsen to amend Resolution Intro. No. 157-04 (Transfer of Funds from Contingent Account to Law Enforcement Equipment Account) to change the four vehicles to one vehicle (the one that

134 LEGISLATORS’ PROCEEDINGS was destroyed in July) and also replace the $70,000 with $18,000 to $20,000. After receiving approval from Legislator Myers to amend her motion, Legislator Reynolds made a motion, which was seconded by Legislator Bennett, to reduce the amount of contingent account transfer from $70,000 to $20,000, use the insurance proceeds from the vehicle that was destroyed (appropriate the $8,930 insurance payment to Sheriff equipment account), and purchase two vehicles. (Sheriff will also use $5,000 from one of his accounts.) The motion carried on a roll call vote of 9 Ayes, 6 Noes. Voting No: Legislators Dibble, Graffrath, Regan, Russo, Sherman, and Sobeck. RESOLUTION NO. 152-04 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT AND INSURANCE RECOVERY ACCOUNT TO LAW ENFORCEMENT EQUIPMENT ACCOUNT Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That the sum of $20,000 is transferred from Account No. A1990.4 to Account No. A3110.2, and the $8,930 insurance recovery that the Finance Committee directed be credited to Revenue Account No. A07.2680.00 also be appropriated to Account No. A3110.2 to purchase two vehicles for the Sheriff’s Office. Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Crandall 9 Ayes, 6 Noes, 0 Absent Voting No: Dibble, Graffrath, Regan, Russo, Sherman, Sobeck RESOLUTION NO. 153-04 ACCEPTANCE AND APPROPRIATION OF DONATIONS FOR THE ALLEGANY COUNTY YOUTH COURT Offered by:

Resource Management and Finance Committees

RESOLVED: 1. That this Board accepts the following donations totaling $1,242.35 for the Allegany County Youth Court: United Way Can drive/bake sale/car wash Hornell Elks Lodge Brenda & Mervin Lehman

$1,000.00 197.35 25.00 20.00

2. That the sum of $1,242.35 is appropriated to Account No. A7321.4 with a like sum credited to Revenue Account No. A08.2705.3825. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: The gifts and donations appropriated in Resolution No. 153-04 represent the local share match for the Byrne Grant monies.)

135 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 154-04 ACCEPTANCE OF DONATION FROM THE UNITED WAY AND APPROPRIATION OF SAME TO PUBLIC SAFETY EMT STUDENT FEES Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That accepted. No.

donation

of

$82.68

offered

by

the

United

Way

is

2. That the sum of $82.68 is appropriated to Revenue Account A02.1589.02. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

A motion was made by Legislator Burdick, seconded by Legislator Bennett and carried, to grant Legislator Regan permission to abstain from voting on Resolution Intro. No. 160-04 (Approval of Agreement Between the County of Allegany and Employee Services, Inc. to Provide Employee Assistance Program Services for All County Employees and Family Members). RESOLUTION NO. 155-04 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND EMPLOYEE SERVICES, INC. TO PROVIDE EMPLOYEE ASSISTANCE PROGRAM SERVICES FOR ALL COUNTY EMPLOYEES AND FAMILY MEMBERS Offered by:

Personnel Committee

RESOLVED: 1. That Agreement between the County of Allegany and Employee Services, Inc., covering the period September 1, 2004 and ending August 31, 2006 is approved. 2. That the Chairman of this authorized to execute such Agreement. 3. That the cost Account No. A1430.433.

of

Moved by: Mr. Russo Seconded by: Mr. Burdick

such

Board

Agreement

is

of to

Legislators be

charged

is to

Adopted: Roll Call 14 Ayes, 0 Noes, 0 Absent Abstained: Regan

(Memo: Regarding the Employee Services Agreement approved in Resolution No. 155-04, there is no increase in cost for each covered employee the first contract year ($17.52), which is the same as for the last two years, and a three percent increase to $18.04 per covered employee for the second contract year. For year one, the number of employees covered is 463, amounting to $8,111.76.)

136 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 156-04 APPROVAL OF STANDARD FBI ANTENNA SITE LICENSE AGREEMENT RENEWAL FOR COMMUNICATIONS SYSTEM SITE BETWEEN COUNTY OF ALLEGANY AND U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION Offered by:

Public Safety Committee

RESOLVED: 1. That Standard FBI Antenna Site License Agreement Renewal between the County of Allegany and the U.S. Department of Justice Federal Bureau of Investigation in relation to the Bureau's use of County real property on Corbin Hill, Town of Amity, for the period October 1, 2004, through September 30, 2005, at the monthly rate of $1,105.73, is approved. 2. That the Chairman of this Board is authorized to execute said Agreement. Moved by: Mr. Bennett Seconded by: Mr. Truax

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Absent for this vote: Reynolds)

Resolution Intro. No. 162-04 (Memorializing State Legislature to Cause Corridor Studies to be Done of the Extension Southerly of State Route 408 and the Extension Easterly of State Route 243) was not pre-filed and was considered from the floor on a motion made by Legislator Dibble, seconded by Legislator Regan and carried. Opposed: Heineman. Resolution Intro. No. 162-04 (Memorializing State Legislature to Cause Corridor Studies to be Done of the Extension Southerly of State Route 408 and the Extension Easterly of State Route 243) was referred to the Planning and Development Committee on a motion made by Legislator Heineman, seconded by Legislator Sobeck and carried. Opposed: Dibble and Regan. AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Nielsen, seconded by Legislator Truax and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims be approved for payment as recommended by the County Administrator. The meeting was adjourned. --------

137 LEGISLATORS’ PROCEEDINGS August 23, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Dibble. Roll Call:

All present.

APPROVAL OF MINUTES: The Board meeting minutes of July 12 and 26, 2004 were approved on a motion by Legislator Truax, seconded by Legislator Dibble and carried. PRIVILEGE OF THE FLOOR: Chairman Palmer granted privilege of the floor to Jodi Bailey, Executive Director for the Allegany County Chapter of the American Red Cross, to speak about the first annual National Preparedness Month in September. Locally, the Allegany County Department of Health, Allegany County Office of Emergency Services, and the Allegany County Chapter of the American Red Cross will host events and promote preparedness steps around the County to encourage residents to prepare for emergencies in their homes, businesses, and schools. PROCLAMATION: Chairman Palmer proclaimed September 2004 as Preparedness Month in Allegany County, recognizing that community involvement is critical for programs that prepare individuals, families, and neighborhoods for emergencies. RESOLUTIONS: RESOLUTION NO. 157-04 RESOLUTION ABOLISHING TWO STANDING COMMITTEES KNOWN AS THE TECHNOLOGY COMMITTEE AND THE RESOURCE MANAGEMENT COMMITTEE; AMENDMENT OF COUNTY BOARD RULES Offered by:

Legislator James G. Palmer

RESOLVED: 1. That two standing committees of this Board known as the Technology Committee and the Resource Management Committee are abolished. 2. The functions, jurisdiction and powers of the Technology Committee are transferred to the Ways and Means Committee. The functions, jurisdiction and powers of the Resource Management Committee, except for its functions, jurisdiction and powers with respect to the Youth Bureau, Youth Board and STOP DWI Program and Coordinator, are transferred to the Planning and Development Committee. The functions, jurisdiction and powers of the Resource Management Committee with respect to the Youth Bureau, Youth Board and STOP DWI Program and Coordinator are transferred to the Public Safety Committee. 3. That County Board Rules 190.A.1 and 190.A.7 are deleted and County Board Rule 190.A is renumbered as follows: subdivision

138 LEGISLATORS’ PROCEEDINGS A.2. is renumbered A.1., subdivision A.3. is renumbered A.2., subdivision A.4. is renumbered A.3., subdivision A.5. is renumbered A.4., subdivision A.6. is renumbered A.5., subdivision A.8. is renumbered A.6., subdivision A.9. is renumbered A.7. and subdivision A.10. is renumbered A.8. 4. County Board Rules 220.A. and 220.G. County Board Rule 220 is renumbered as follows: renumbered A., subdivision C. is renumbered B., renumbered C., subdivision E. is renumbered D., renumbered E., subdivision H. is renumbered F., renumbered G. and subdivision J. is renumbered H. 5. follows:

That

County

Board

Rule

C.

PLANNING AND DEVELOPMENT

1.

General Jurisdiction: a.

220.C.

is

are deleted and subdivision B. is subdivision D. is subdivision F. is subdivision I. is

amended

to

read

as

Comprehensive planning, except capital planning.

b. General recreation.

development

of

c.

Tourism.

d.

Agricultural districting.

e.

Use of natural resources.

business,

industry

and

f. County historical matters to include historical real and personal property and historical records. g. 2.

Snowmobile issues.

Specific Jurisdiction: a. Supervision of the Office of Planning and/or County Planner. b.

General supervision of the County Planning Board.

c. Supervision of Office of Development and its advisory board, the Advisory Board to the Office of Development. d. Supervision of the Office of Employment and Training. Liaison with the Allegany-Cattaraugus Workforce Investment Board. e. General supervision of the Allegany County Industrial Development Agency and its governing board, the Allegany County Industrial Development Agency Board. f. General supervision of the Allegany County Industrial and Commercial Incentive Board. g. Supervision of the proposed establishment and periodic review of Agricultural Districts and recommendation to the County Board on the establishment or non-establishment of a proposed Agricultural District or the continuance of an established Agricultural District.

139 LEGISLATORS’ PROCEEDINGS h. Administration of the State Environmental Quality Review Act (SEQR) as it affects County government operations. (See Res. 62-77, 193-77, 9-83) i. General supervision of the County Agricultural and Farmland Protection Board. j. Supervision of County reforested lands to include the disposition of trees, timber and other forest products on such lands. k. General supervision of the Allegany County Soil and Water Conservation District and its governing board, the Soil and Water Conservation District Board. l. Contract administration of any County Board approved contract with the Agricultural Society and the Cooperative Extension Association of Allegany County. m. Liaison with the Region 9 Fish and Wildlife Management Board, the Region 9 Forest Practice Board and the Resource Conservation and Development Board. n.

Supervision of the County Historian.

o. Supervision of recreational areas. 3.

County

forest

lands,

parks

and

Administrative Unit Jurisdiction: a.

Office of Planning and/or County Planner.

b.

County Planning Board.

c.

Office of Development.

d.

Advisory Committee on Tourism.

e.

Office of Employment and Training.

f.

Allegany County Industrial Development Agency Board.

g. Allegany County Industrial and Commercial Incentive Board. h. Allegany County Soil and Water Conservation District Board. i.

County Agricultural and Farmland Protection Board.

j.

County Historian.

6. That County Board Rule 220.D.1. is amended by adding new subdivisions h. and i. to read as follows: h.

Youth programs and activities.

i.

STOP DWI Program.

7. That County Board Rule 220.D.2. is amended by adding new subdivisions l., m. and n. to read as follows: l. Supervision of the Youth Director powers and duties relating to the Rushford Lake leased recreation area.

140 LEGISLATORS’ PROCEEDINGS m. Supervision of the Youth Bureau and its advisory board, the County Youth Board, in performance of their powers and duties relating to the establishment and operation of youth programs and activities. n. Supervision of STOP DWI Coordinator in performance of driving while alcohol or drug impaired prevention program powers and duties. 8. That County Board Rule 220.D.3 is amended by adding new subdivisions j., k., and l. to read as follows:

9. follows:

j.

County Youth Bureau.

k.

County Youth Board.

l.

STOP DWI Coordinator.

That

County

Board

Rule

G.

WAYS AND MEANS

1.

General Jurisdiction:

220.G.

is

amended

a. General administrative operations regulations of County government.

to

read

rules

as

and

b. General legislative operations rules of the County Board. c. County enforcement procedures collection of the real property tax.

in

relation

to

the

d. Procedures for the correction of errors on tax rolls, the refund of real property taxes and the cancellation of void real property taxes. e. County equalization or alternative method of County equalization procedures. f.

Information Technology.

g. Telecommunications emergency systems. 2.

systems

excluding

police

and

Specific Jurisdiction: a. Study, formulate and recommend to the County Board for adoption, rules and regulations which affect the general administrative operations of County government. b. Study, formulate and recommend to the County Board for adoption, rules which affect the general legislative operations of the County Board. c. Supervision of the Clerk of the Board of Legislators' central service powers and duties. (See Res. 74-86) d. Supervision of the County Historian in performance of Records Management Officer powers and duties. (See Res. 223-88) e. Investigate and report on whether a person recommended to fill any vacancy in the Office of County

141 LEGISLATORS’ PROCEEDINGS Legislature meets the qualifications set forth in Local Law No. 1 of 1969. f. Supervision of County Real Property Tax Service Agency in performance of its respective powers and duties relating to the matters under General Jurisdiction. g. Specific authority to recommend to the County Board for its approval an offer to purchase the County’s interest in real property obtained by the County Treasurer for unpaid real property taxes, if the tax deed to the County of such interest has not been on record in the County Clerk’s Office over one year. h. Supervision of the Information Technology Department in performance of data processing powers and duties (see Local Law No. 5 of 1993, as amended by Local Law No. 1 of 2001). i. Responsible for the development of policies and procedures relating to interdepartmental networking of data processing systems. j. Responsible for the development of a plan for the future enhancement of the County's telecommunications systems excluding those systems presently under the jurisdiction of the Public Safety Committee, i.e., police and emergency. 3.

Administrative Unit Jurisdiction: a.

County Administrator.

b.

Chairman of the County Board of Legislators.

c.

Clerk of County Board of Legislators.

d.

County Attorney.

e. County Historian in Officer powers and duties.

performing

f.

Real Property Tax Service Agency.

g.

Information Technology Department.

Moved by: Mr. Heineman Seconded by: Mr. Nielsen

Records

Management

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 158-04 RESOLUTION SUPPORTING THE NEW YORK STATE ADVISORY PANEL ON TRANSPORTATION POLICY FOR 2025 AS IT PREPARES THE STATEWIDE TRANSPORTATION MASTER PLAN Offered by:

Public Works Committee

WHEREAS, the New York State Advisory Panel on Transportation for 2025 will conduct public hearings and hold meetings to develop a Statewide Transportation Master Plan that will meet the future needs and expectations of the traveling public and commercial enterprises, and WHEREAS, the County of Allegany wishes to express its support for those transportation projects imperative to the residents of the

142 LEGISLATORS’ PROCEEDINGS State of New York to improve environmental protection, and

public

safety,

efficiency,

and

WHEREAS, the County of Allegany further supports these various transportation projects as an integral part of a coordinated effort throughout the State to foster and facilitate economic development as each of the various projects will enhance tourism, job creation, and business development throughout the State of New York, and WHEREAS, the designation of New York State Route 17 to I-86 and Route 15 to I-99 will provide a highway network with connection to every interstate highway located within New York State and interstates leading into Pennsylvania, and WHEREAS, the State’s ability to provide competitively priced commercial airfares and to promote general aviation activities is necessary for a healthy business climate and the increasingly critical tourism market not only to the Allegany County area, but airports throughout the State, and WHEREAS, there is a vital need to optimize the significant investment that has been made in public bus transportation in Allegany County and throughout the State to insure that all residents can access work, shopping and recreational sites, and to further promote usage as a means of reducing street and highway congestion and environmentally harmful emissions, and WHEREAS, in order to meet new higher federal emission standards, the advancement of diesel retrofits to reduce particulate emissions and nitrogen oxide emissions is essential, and WHEREAS, rail freight is a critical mode of transportation sustaining thousands of manufacturing jobs throughout the State and the Southern Tier Line owned by Norfolk Southern Railroad, and other rail lines must be satisfactorily maintained and upgraded to retain rail service as a viable means of freight transportation in New York, now, therefore, be it RESOLVED: 1. That the Allegany County Board support the New York State Advisory Panel as it develops a Statewide Transportation the future needs and expectations of commercial enterprises.

of Legislators does hereby on Transportation for 2025 Master Plan that will meet the traveling public and

2. That this Board does hereby support the following transportation projects and policies to be considered by the New York State Advisory Panel on Transportation for 2025 in the development of Statewide Transportation Master Plan: completion of the conversion of New York State Route 17 to I-86; advancement and conversion of Route 15 to the New York State-Commonwealth of Pennsylvania I-99 corridor; promotion of the various regional airports, including the Elmira/Corning Regional Airport; advancement of diesel retrofits to meet higher federal emission standards; and promotion of commercial, freight and public transportation (bus and rail). 3. That this Board does further support and encourage the development of policy guidelines and a dedicated Federal and State funding stream for those projects, including the aforementioned projects, that meet predetermined policy guidelines as developed by the New York State Advisory Panel on Transportation for 2025 for inclusion with the Statewide Transportation Master Plan.

143 LEGISLATORS’ PROCEEDINGS 4. That the Clerk of the Board is hereby authorized and directed to forward a certified copy of this resolution to Joseph Boardman, Commissioner of the New York State Department of Transportation, Chairman for the New York State Advisory Panel on Transportation for 2025, and the Honorable George Pataki, Governor of the State of New York. Moved by: Mr. Graffrath Seconded by: Mr. Truax

Adopted: Voice Vote

RESOLUTION NO. 159-04 CREATING TWO TEMPORARY POSITIONS OF CORRECTION OFFICER IN THE SHERIFF’S DEPARTMENT Offered by:

Public Safety and Ways and Means Committees

RESOLVED: 1. That two temporary positions created in the Sheriff’s Department. 2.

of

Correction

Officer

are

This resolution shall take effect August 24, 2004.

Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 8 Ayes, 7 Noes, 0 Absent Voting No: Burdick, Dibble, Myers, Regan, Russo, Sherman, Sobeck

(Memo: The positions created in Resolution No. 159-04 are needed to allow for a transition team that is mandated by the Commission of Corrections for the new County Jail and Public Safety Complex project. During discussion, it was pointed out that the positions are only temporary and will save over-time costs. Counsel has advised the expense for the transition team can be covered by the bond monies approved for the project by Resolution No. 117-04.) RESOLUTION NO. 160-04 AUTHORIZING STUDY OF LANDFILL EXPANSION AND TRANSFER OF FUNDS Offered by:

Public Works and Finance Committees

RESOLVED: 1. That an expansion study of the County Landfill by TVGA Engineers is approved in an amount not to exceed $148,300. 2. That the sum of $79,000 is transferred to Account No. A8160.492 (Solid Waste Contractual) in the designated amounts from the following accounts: $59,000 from Account No. D5110.408 (Maintenance Roads and Bridges – General Supplies) and $20,000 from Account No. A1990.4 (Contingency). The balance of the cost of said study in the amount of $71,300 shall be included in the 2005 Public Works Department Budget. Moved by: Mr. Graffrath Seconded by: Mr. Crandall

Adopted: Roll Call 14 Ayes, 1 No, 0 Absent Voting No: Myers

144 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 161-04 ACCEPTANCE OF GRANT-IN-AID FROM NEW YORK STATE DEPARTMENT OF HEALTH FOR FAMILY PLANNING AND APPROPRIATION OF SAME TO FAMILY PLANNING CLINIC ACCOUNTS Offered by:

Human Services and Finance Committees

WHEREAS, the Allegany County Department of Health has received additional funding from the New York State Department of Health for Family Planning Women’s Reproductive Health Services in the amount of $77,443 to extend the current family planning program/grant through December 31, 2004, now, therefore, be it RESOLVED: 1. That the grant-in-aid of $77,443 from the New York State Department of Health for Family Planning is accepted. 2. That the grant-in-aid is appropriated as follows: $30,508 to Account No. A4010.1, $46,935 to Account No. A4035.4 with a like sum of $77,443 credited to Revenue Account No. A10.3450.00. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 162-04 ACCEPTANCE OF MONETARY GIFT FROM CAMP GET-A-WAY AND APPROPRIATION OF SAME TO MENTAL HEALTH ADMINISTRATION ACCOUNT Offered by:

Human Services and Finance Committees

WHEREAS, a monetary gift in the amount of $31,490 has been given by Camp Get-A-Way to the Allegany County Community Services Agency for the Western Care Coordination Project, now, therefore, be it RESOLVED: 1. That the monetary gift in the amount of $31,490 is accepted from Camp Get-A-Way to be used for the Western Care Coordination Project. 2. That the said sum of $31,490 is appropriated to Account No. A4310.4, with a like sum credited to Revenue Account No. A10.3490.122. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 163-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND BAKERS OF JERICHO HILL, INC. FOR SITE PREPARATION FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management and Finance Committees

RESOLVED: 1. That the Agreement dated August 12, 2004, between the County of Allegany and Bakers of Jericho Hill, Inc., for site

145 LEGISLATORS’ PROCEEDINGS preparation for the new County jail and public safety complex in the Town of Amity is approved. 2. That the Chairman of this Board is authorized to execute the Agreement. Moved by: Mr. Bennett Adopted: Roll Call Seconded by: Mr. Crandall 10 Ayes, 5 Noes, 0 Absent Voting No: Dibble, Regan, Russo, Sobeck, Truax (Memo: The contract with Bakers of Jericho Hill approved in Resolution No. 163-04 was selected based on competitive low bid and the contract award is $1,194,132.) RESOLUTION NO. 164-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY, ACTING BY AND THROUGH ITS OFFICE FOR THE AGING, AND PRESTIGE SERVICES, INC. FOR HOME-DELIVERED MEAL PROGRAM FOR CALENDAR YEARS 2005 AND 2006 AND AUTHORIZING EXECUTION OF AGREEMENT Offered by:

Human Services and Finance Committees

RESOLVED: 1. That Agreement for the preparation of home delivered meals for calendar years 2005 and 2006, dated June 1, 2004, between the County of Allegany, acting by and through its Office for the Aging, and Prestige Services, Inc., is approved. 2. That the Director of the authorized to execute the Agreement. Moved by: Mr. Truax Seconded by: Mr. Dibble

Office

for

the

Aging

is

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: The cost of the Agreement with Prestige Services approved in Resolution No. 164-04 is $3.24 per meal for 2005, not to exceed $360,000; and $3.29 per meal for 2006, not to exceed $375,000.) RESOLUTION NO. 165-04 APPROVAL OF AGREEMENT BETWEEN COUNTY OF ALLEGANY AND ALLAN ROTTO CONSULTANTS, INC. Offered by:

Technology Committee

RESOLVED: 1. That Agreement between the County of Allegany and Allan Rotto Consultants, Inc. in relation to reviewing Allegany County regular phone system for cost savings, is approved. 2. That the Chairman of this Board is authorized to execute said Agreement. Moved by: Mr. Sobeck Seconded by: Mr. Sherman

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: The cost of the Agreement with Allan Rotto Consultants approved in Resolution No. 165-04 is half of the savings the telephone companies will be refunding based on a completed audit, analysis, and negotiations performed by the consultants.)

146 LEGISLATORS’ PROCEEDINGS Resolution Intro. No. 172-04 (Abolishing Positions in Department of Social Services, Department of Public Works and Real Property Tax Service Agency and Terminating Jobtrak Program in Department of Social Services) was not pre-filed and was considered from the floor on a motion made by Legislator Crandall, seconded by Legislator Bennett and carried. Resolution Intro. No. 172-04 (Abolishing Positions in Department of Social Services, Department of Public Works and Real Property Tax Service Agency and Terminating Jobtrak Program in Department of Social Services) was amended on a motion by Legislator Crandall, seconded by Legislator Bennett and carried, to replace Jobtrak Supervisor with Principal Welfare Examiner and replace Account Clerk Typist with Data Entry Operator under No. 1; replace Automotive Mechanic Supervisor with one Cleaner and one Laborer under No. 2; delete No. 4 “that the Jobtrak Program in the Department of Social Services is terminated”; and delete the section of the title that states “and Terminating Jobtrak Program in Department of Social Services.” Opposed: Legislator Myers. RESOLUTION NO. 166-04 ABOLISHING POSITIONS IN DEPARTMENT OF SOCIAL SERVICES, DEPARTMENT OF PUBLIC WORKS AND REAL PROPERTY TAX SERVICE AGENCY Offered by:

Finance Committee

RESOLVED: 1. That the following positions in the Department of Social Services are abolished: one position of Social Welfare Examiner, one position of Principal Welfare Examiner and one position of Data Entry Operator. 2. That the following positions in the Department of Public Works are abolished: two positions of Road Maintenance Supervisor, one position of Cleaner and one position of Laborer. 3. That one position of Account Clerk Typist is abolished in the Real Property Tax Service Agency. 4.

This resolution shall take effect immediately.

Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

Resolution Intro. No. 173-04 (Directing Superintendent of Public Works to Reduce Number of Highway Districts) was not prefiled and was considered from the floor on a motion made by Legislator Crandall, seconded by Legislator Graffrath and carried. Resolution Intro. No. 173-04 (Directing Superintendent of Public Works to Reduce Number of Highway Districts) was amended on a motion by Legislator Crandall, seconded by Legislator Sherman and carried, to change the number of County Highway Districts being reduced to four rather than three. Opposed: Legislator Myers.

147 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 167-04 DIRECTING SUPERINTENDENT OF PUBLIC WORKS TO REDUCE NUMBER OF HIGHWAY DISTRICTS. Offered by:

Finance Committee

RESOLVED: 1. That the Superintendent of Public Works is directed to reduce the number of County Highway Districts from five to four. 2.

This resolution shall take effect immediately.

Moved by: Mr. Crandall Seconded by: Mr. Reynolds

Adopted: Roll Call 14 Ayes, 1 No, 0 Absent Voting No: Myers

Resolution Intro. No. 174-04 (Transfer of Funds Within Office of Development and Tourism Accounts) was not pre-filed and was considered from the floor on a motion made by Legislator Myers, seconded by Legislator Truax and carried. RESOLUTION NO. 168-04 TRANSFER OF FUNDS WITHIN OFFICE OF DEVELOPMENT AND TOURISM ACCOUNTS Offered by:

Planning and Development Committee

RESOLVED: 1. That the sum of $20,000 is transferred from Account No. A6989.419 (Printing) to Account No. A6989.476 (Co-op Marketing), and the sum of $162 is transferred from Account No. A6430.402 to Account No. A6430.201. Moved by: Mrs. Myers Seconded by: Mr. Dibble

Adopted: Roll Call 12 Ayes, 3 Noes, 0 Absent Voting No: Bennett, Russo, Sobeck

(Memo: The money being transferred in Resolution No. 168-04 within the A6989 Account is all “I Love New York” money that will be reimbursed.) JOINT MEETING - FACILITIES PLANNING & MANAGEMENT AND PUBLIC WORKS: There will be a joint meeting of the Facilities Planning & Management and Public Works Committees on Wednesday, August 25, 2004 at 2:30 p.m. to discuss proposals for funding of the County’s Solid Waste Management System and the proposed Solid Waste Flow Law. AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Crandall and adopted on Absent, that the audit recommended by the County

Legislator Nielsen, seconded by Legislator a roll call vote of 15 Ayes, 0 Noes, 0 of claims be approved for payment as Administrator.

The meeting was adjourned on a motion made by Legislator Truax, seconded by Legislator Burdick and carried.

148 LEGISLATORS’ PROCEEDINGS September 13, 2004 The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Regan. Roll Call:

All present.

PRIVILEGE OF THE FLOOR: Chairman Palmer granted privilege of the floor to Terry Lattimore, Lead Analyst for Public Affairs, Rochester Gas and Electric, to announce pertinent information for customers prior to release to the public. Albany is encouraging an open market; therefore, utility companies will begin separating supply from distribution, giving customers the opportunity to choose which supplier their utilities are purchased from. RG&E will no longer be involved in supply, but will be known as an Independent Service Operator (ISO). This new system will hopefully bring prices down. Customers will have from October 1 through December 30 to “Voice Your Choice.” If no decision is made by the end of this enrollment period, a decision will be made for them. Privilege of the floor was granted to Sarah McCoy, Director of the Wellsville Area Chamber of Commerce. On behalf of several Wellsville area merchants, Ms. McCoy expressed concern with the proposed sales tax increase. She feels the additional taxes will harm existing businesses, entrepreneurs, and potential new businesses, create an unfriendly business environment, and drive area residents into shopping in neighboring counties. Chairman Palmer also granted privilege of the floor to Linda Palmer, Vice President, AFSCME Union Local 2574. Ms. Palmer voiced concern with the recent job cuts and the way they were handled. Ms. Palmer indicated that the Union offered to work with legislators on alternatives to job cuts, but they were not contacted. She asked why the proposals to reduce the size of the legislature, cut the full medical insurance coverage for legislators, and elimination of mileage reimbursement to legislators when driving from home to the County Building are not being considered. Ms. Palmer also expressed concern that this may not be the best time to build a new jail, asking if it could be delayed for a year, and stating there was no mandate for the large 160-bed facility. Regarding the landfill, Ms. Palmer asked if the solid waste study to assess the value of the landfill might be a precursor to the facility being sold or leased and stated that many residents feel the recently instituted permit fees represent a breach of contract. Ms. Palmer also addressed the County’s reluctance to begin Union contract negotiations for 2005. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the Board meeting minutes of August 9, and 23, 2004 for review. 2. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of August 2004. 3. Also placed on each legislator’s desk was a copy of the Report of Tax Bill Corrections approved by the County Administrator for the month of August 2004.

149 LEGISLATORS’ PROCEEDINGS 4. A media release was received from Southern Tier West Regional Planning and Development Board summarizing highlights of their August meeting. APPOINTMENTS: The Clerk announced that Chairman Palmer has appointed Richard Shelley of Friendship, NY as a member of the Friendship Empire Zone of Allegany County Administrative Board, effective immediately, to serve at his pleasure. INTRODUCTION OF LEGISLATION: Legislator Sherman introduced Local Law Intro. No. 3-2004, Print No. 1, entitled “A Local Law Amending Local Law No. 4 of 1987 to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over,” a copy of said Local Law having been placed on each legislator’s desk. Legislator Graffrath introduced Local Law Intro. No. 4-2004, Print No. 1, entitled “Local Law of the County of Allegany to Provide an Orderly Program for the Collection, Transportation and Disposal of Solid Waste and Recyclables in Order to Promote the Safety, Health, Welfare and Convenience of the Citizens of Allegany County, and to Prohibit Random Refuse Disposal and Littering Along Public Highways and Roads, and in Furtherance of the Legislative Findings Set Forth Below, and to Repeal Local Law No. 2 of the Year 2000, as Amended,” a copy of said Local Law having been placed on each legislator’s desk. RESOLUTIONS: RESOLUTION NO. 169-04 RESOLUTION SETTING LOCAL LAW AMENDING LOCAL PARTIAL TAX EXEMPTION OF REAL LIMITED ANNUAL INCOME WHO Offered by:

DATE OF PUBLIC HEARING ON A LAW NO. 4 OF 1987 TO PROVIDE FOR A PROPERTY OWNED BY CERTAIN PERSONS WITH ARE SIXTY-FIVE YEARS OF AGE OR OVER

Ways and Means Committee

WHEREAS, on this 13th day of September 2004, a local law (Intro. No. 3-2004, Print No. 1) was introduced Amending Local Law No. 4 of 1987 to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over, and WHEREAS, it will be necessary to set a date for public hearing on said proposed local law, now, therefore, be it RESOLVED: 1. That a public hearing shall be held on September 27, 2004, at 2:00 P.M. in the County Legislators' Chambers, Room 221, County Office Building, Belmont, New York, before the Allegany County Board of Legislators, in relation to proposed local law Intro. No. 3-2004, Print No. 1. 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

150 LEGISLATORS’ PROCEEDINGS at Belmont, New York; both publication and posting to be made at least five days before the public hearing. Moved by: Mr. Nielsen Seconded by: Mr. Sherman

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 170-04 AMENDING RESOLUTION NO. 118-67, AS AMENDED, TO INCREASE THE RATE OF ALLEGANY COUNTY SALES AND USE TAX TO FOUR AND ONE-HALF PERCENT FOR THE PERIOD BEGINNING DECEMBER 1, 2004 AND ENDING NOVEMBER 30, 2005 Offered by:

Finance Committee

Pursuant to Article 29 of the Tax Law, and Chapter 272 of the Laws of 2004 BE IT RESOLVED AND ENACTED by the Board of Legislators of the County of Allegany that the following provisions of Resolution No. 118-67, as last amended, are hereby amended to read or are repealed, as follows: Section 1. The first clause of the opening paragraph of Section 2. of Resolution No. 118-67, as amended, is hereby amended to read as follows: On and after March first, nineteen hundred seventy-six, there is hereby imposed and there shall be paid a tax of three percent upon: Section 2. Subdivisions (g) and (h) of Section Resolution No. 118-67, as amended, are hereby REPEALED.

3.

of

Section 3. Section 4. of Resolution No. 118-67, as amended, is hereby amended to read as follows: Section 4.

Imposition of Compensating Use Tax.

(a) Except to the extent that property or services have already been or will be subject to the sales tax under this resolution, there is hereby imposed on every person a use tax for the use within this County on and after March first, nineteen hundred seventy-six, except as otherwise exempted under this resolution, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of Section 2., (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of Section 2. have been performed, (E) of any telephone answering service

151 LEGISLATORS’ PROCEEDINGS described in subdivision (b) of Section 2. and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business. (b) For purposes of clause (A.) of subdivision (a) of this section, the tax shall be at the rate of three percent of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of Section 1., but excluding any credit for tangible personal property accepted in part payment and intended for resale. (c) For purposes of subclause (i) of clause (B) of subdivision (a) of this section, the tax shall be at the rate of three percent of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him. (d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, the tax shall be at the rate of three percent of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of Section 1. (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, the tax shall be at the rate of three percent of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of Section 1. (g) For purposes of clause (F) of subdivision (a) of this section, the tax shall be at the rate of three percent of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping,

152 LEGISLATORS’ PROCEEDINGS retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person. Section 4. Resolution No. 118-67, as amended, amended by adding a new section 4-A to read as follows: Section 4-A. Imposition compensating use taxes

of

additional

rate

is

of

hereby

sales

and

Pursuant to the authority of section 1210 of the Tax Law, in addition to the sales and compensating use taxes imposed by sections 2 and 4 of this resolution, there is hereby imposed and there shall be paid an additional one and one-half percent rate of such sales and compensating use taxes, for the period beginning December first, two thousand four, and ending November thirtieth, two thousand five. Such additional taxes shall be identical to the taxes imposed by such sections 2 and 4 and shall be administered and collected in the same manner as such taxes. All of the provisions of this resolution relating or applicable to the administration and collection of the taxes imposed by such sections 2 and 4 shall apply to the additional taxes imposed by this section, including the applicable transitional provisions, limitations, special provisions, exemptions, exclusions, refunds and credits as are set forth in this resolution, with the same force and effect as if those provisions had been incorporated in full into this section and had expressly referred to the additional taxes imposed by this section. Section 5. Subdivision (1) of Section 11. of Resolution No. 118-67, as amended, is hereby amended to read as follows: (1) (A) In respect to the use of property used by the purchaser in this County prior to March first, nineteen hundred sixty-eight. (B) With respect to the additional tax of one percent imposed effective March first, nineteen hundred seventy-six, in respect to the use of property used by the purchaser in this county prior to March first, nineteen hundred seventy-six. (C) With respect to the additional tax of one percent imposed effective for the period beginning December first, nineteen hundred eighty-six, and ending November thirtieth, two thousand four, in respect to the use of property used by the purchaser in this County prior to December first, nineteen hundred eighty-six. (D) With respect to the additional tax of one and onehalf percent imposed for the period beginning December first, two thousand four, and ending November thirtieth, two thousand five, in respect to the use of property used by the purchaser in this County prior to December first, two thousand four. Section 6. Section 17. amended, is hereby REPEALED.

of

Section 7. This resolution first, two thousand four.

Resolution shall

take

No.

118-67,

effect

as

December

Moved by: Mr. Crandall Adopted: Roll Call Seconded by: Mr. Heineman 9 Ayes, 6 Noes, 0 Absent Voting No: Dibble, Graffrath, Reynolds, Russo, Sobeck, Truax

153 LEGISLATORS’ PROCEEDINGS

RESOLUTION NO. 171-04 A RESOLUTION APPROVING THE ISSUANCE OF CERTAIN BONDS BY ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO FINANCE A CERTAIN CIVIC FACILITY PROJECT FOR CUBA MEMORIAL HOSPITAL, INC. Offered by:

Planning and Development Committee

BE IT ENACTED by the Board of Legislators of Allegany County, as follows: WHEREAS, pursuant to Article 18-A of the General Municipal Law of the State of New York and Chapter 99 of the 1973 Laws of New York, as amended, constituting Section 906-a of said General Municipal Law (collectively, the “Act”), the Board of Legislators of Allegany County (the “Board of Legislators”) has heretofore appointed the members of Allegany County Industrial Development Agency (the “Issuer”) and has duly caused to be filed in the office of the Secretary of the State of New York the certificates required by Section 856 of the General Municipal Law of the State of New York; and WHEREAS, to accomplish its stated purposes, the Issuer is authorized and empowered under the Act to issue its revenue bonds to finance the cost of acquisition, construction and installation of one or more “projects” (as defined in the Act), to acquire, construct and install said projects or to cause said projects to be acquired, constructed and installed, and to convey said projects or to lease said projects with the obligation to purchase; and WHEREAS, Cuba Memorial Hospital, Inc. (the “Institution”) has presented an application (the “Application”), including a cost benefit analysis, to the Issuer, requesting that the Issuer consider undertaking a project (the “Project”) consisting of the following: (A) (1) the refinancing of the outstanding principal amount of the Issuer’s Civic Facility Revenue Bonds, Series 1999 (Cuba Memorial Hospital, Inc. Civic Facility) (the “Prior Bonds”) issued to finance a project (the “Prior Project”) consisting of the refinancing certain prior debt issued in 1970 by the New York State Housing Finance Agency on behalf of the Institution and the acquisition and improvement of various buildings and improvements (collectively, the “Facility”) located on a parcel of land situate at 140 West Main Street in the Village of Cuba, Town of Cuba, Allegany County, New York (the “Land”), including the acquisition of certain machinery and equipment related thereto (the “Equipment”) (the Land, the Facility and the Equipment being collectively referred to as the “Project Facility”), all of the foregoing constituting a rural health care center operated by the Institution; (B) the financing of all or a portion of the costs of the foregoing including funding reserves, if required, and costs of issuance and other incidental costs related thereto, by the issuance of revenue bonds of the Issuer in one or more issues or series in an aggregate principal amount sufficient to pay the cost of undertaking the Project, together with necessary incidental costs in connection therewith, in an amount that presently is not expected to exceed $3,300,000 (the “Obligations”); (C) the granting of certain “financial assistance” (within the meaning of Section 854(14) of the General Municipal Law of the State of New York (the “Act”) with respect to the foregoing, including exemptions from certain sales taxes, deed transfer taxes and mortgage recording taxes (collectively with the Obligations, the “Financial Assistance”); and (D) the lease (with an obligation to purchase) or sale of the Project Facility to the Institution or such other person as may be designated by the Institution and agreed upon by the Issuer; and

154 LEGISLATORS’ PROCEEDINGS

WHEREAS, the Institution has requested that interest on the Obligations be treated by the federal government as excludable from gross income for federal income tax purposes pursuant to Section 103 and Section 145(a) of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the Board of Legislators has been advised by the Issuer that the Issuer proposes to issue, subsequent to the adoption of this resolution, the Obligations from time to time in a principal amount sufficient to fund all or a portion of the costs of the Project; and WHEREAS, interest on the Obligations will not be excludable from gross income for federal income tax purposes unless, among other things, pursuant to Section 147(f) of the Code, the issuance of the Obligations is approved by the “applicable elected representative” of Allegany County, New York after the Issuer has held a public hearing on the nature and location of the Project Facility and the issuance of the Obligations; and WHEREAS, pursuant to the authorization contained in a resolution adopted by the members of the Issuer on July 29, 2004 (the “Public Hearing Resolution”), the Executive Director of the Issuer (A) caused notice of a public hearing of the Issuer (the “Public Hearing”) pursuant to Section 859-a of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), to hear all persons interested in the Project and the Financial Assistance being contemplated by the Issuer with respect to the Project, to be mailed on July 30, 2004 to the chief executive officers of each county, city, town and school district in which the Project Facility is (or will be) located, (B) caused notice of the Public Hearing to be published on July 31, 2004 in the Olean Times Herald and on August 2, 2004, in the Wellsville Daily Reporter, both newspapers of general circulation available to the residents of the Village of Cuba, Allegany County, New York, (C) conducted the Public Hearing on August 31, 2004, at 10:00 o’clock, a.m., local time in the Cuba Village Hall located at 17 East Main Street in the Village of Cuba, Allegany County, New York, and (D) prepared a report of the Public Hearing (the “Report”) which fairly summarized the views presented at said Public Hearing and distributed same to the members of the Issuer and to the Board of Legislators of Allegany County (the “Board of Legislators”); and WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, Chapter 43-B of the Consolidated Laws of New York, as amended (the “SEQR Act”) and the regulations (the “Regulations”) adopted pursuant thereto by the Department of Environmental Conservation of the State of New York (collectively with the SEQR Act, “SEQRA”), by resolution adopted by the members of the Issuer on August 26, 2004 (the “Final SEQR Resolution”), the Issuer determined that the Project constitutes a “Type II Action” and, therefore, that no environmental impact statement or any other determination or procedure is required under SEQRA with respect to the Project; and WHEREAS, pursuant to Section 147(f) of the Code, the Board of Legislators desires to allow the interest on the Obligations to be exempt from federal income taxation; and WHEREAS, Section 870 of the General Municipal Law of the State of New York specifically provides that neither the Obligations nor any other obligation of the Issuer shall be a debt of Allegany County, New York, nor shall Allegany County, New York be liable thereon, now, therefore, be it

155 LEGISLATORS’ PROCEEDINGS RESOLVED: 1. That for the sole purpose of qualifying the interest payable on the Obligations for exclusion from federal income taxation pursuant to the provisions of the Code, the Board of Legislators, as the elected legislative body of Allegany County, New York, hereby approves the issuance by the Issuer of the Obligations, provided that the Obligations, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State of New York, Allegany County, New York or any political subdivision thereof (other than the Issuer), and neither the State of New York, Allegany County, New York nor any political subdivision thereof (other than the Issuer) shall be liable thereon. 2.

That this Resolution shall take effect immediately.

Moved by: Mrs. Myers Seconded by: Mr. Dibble

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 172-04 AMENDING COUNTY BOARD RULE 250 Offered by:

Ways and Means Committee

WHEREAS, the Technology Committee and Resource Committee were abolished by Resolution No. 157-2004, and

Management

WHEREAS, the abolition of such Committees requires an amendment to County Board Rule 250, now, therefore, be it RESOLVED: 1. That County Board Rule 250.D.3. 250.D.4. is renumbered Rule 250.D.3. 2.

is

deleted

and

Rule

That County Board Rule 250.E.3. is deleted.

Moved by: Mr. Nielsen Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 173-04 REAPPOINTMENT OF DAVID S. ROESKE AS COUNTY SUPERINTENDENT OF PUBLIC WORKS Offered by:

Public Works Committee

RESOLVED: 1. That David S. Roeske of the Town of Willing is reappointed to the office of County Superintendent of Public Works for a term of four years to commence October 25, 2004 and expiring October 24, 2008. Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

156 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 174-04 AUTHORIZING SALE AND CONVEYANCE OF COUNTY'S INTEREST IN REAL PROPERTY IN TOWN OF BURNS TO WESTERN NEW YORK DISTRICT OF THE WESLEYAN CHURCH, INC.; AUTHORIZING CHAIRMAN TO EXECUTE DEED Offered by:

Public Works and Facilities Planning and Management Committees

WHEREAS, the County is the located in the Town of Burns, and

owner

of

certain

real

property

WHEREAS, such property is not being occupied or used by the County and there is no planned use of it by the County, and WHEREAS, the Western New York District of the Wesleyan Church, Inc. has offered to purchase such property for $350, now, therefore, be it RESOLVED: 1. That this Board authorizes the sale to the Western New York District of the Wesleyan Church, Inc. of the following described premises in the Town of Burns, County of Allegany and State of New York and bounded and described as follows: ALL THAT PIECE OR PARCEL of property delineated as Parcel No. 159, being a portion of Section 35.00 Block 1 Lot (no number) of the official tax map, situate in the Town of Burns, County of Allegany, State of New York, designated as Parcel No. 159 on Map No. 117A and described as follows: PARCEL NO. 159 Commencing at a point on the northerly highway boundary of the existing State Highway 1366, Van Scoters Corners-CanaseragaGarwoods, as delineated on Map 3, a copy of which is on file in the New York State Department of Transportation Office in Hornell, for the acquisition, by Allegany County, of property for improving Van Scoters Corners-Canaseraga Village-Garwoods County Highway No. 1366 at the intersection between the property of Judy Kuhn (reputed owner) on the west and the property of Western New York District, Inc., of the Wesleyan Church (reputed owner) on the east, being 123.00 feet distant northerly, measured at right angles from Station 7+54.97 of the hereinafter described 2000 Survey Baseline for the disposal of a portion of said State Highway under New York State Department of Transportation Surplus Property Case #06-III-226; thence, through the said State Highway delineated on said Map 3 South 00°58’48” West a distance of 10.12 feet to the Point of Beginning being a point on the southerly boundary of said Map 3, also being the northerly boundary of the property used for highway purposes prior to 1916, being 113.22 feet northerly, measured at right angles, from Station 7+52.39 of said Baseline; thence the following four (4) courses along the last mentioned boundary: (1) North 88°32’02” East a distance of 52.37 feet to a point being 102.07 feet northerly, measured at right angles, from Station 8+03.56 of said Baseline; (2) North 87°03’02” East a distance of 51.41 feet to a point being 92.42 feet northerly, measured at right angles, from Station 8+54.06 of said Baseline; (3) North 89°14’57” East a distance of 49.85 feet to a point being 81.20 feet northerly, measured at right angles, from Station 9+02.64 of said Baseline; and (4) South 80°08’2l” East, a distance of 59.94 feet to another point on the first mentioned northerly highway boundary, being the southeasterly corner of said Map 3, being 57.19 feet northerly, measured at right angles, from Station 9+57.55 of said Baseline: thence, along the aforementioned pre 1916 highway boundary South

157 LEGISLATORS’ PROCEEDINGS 76°13'28” East a distance of 37.24 feet to a point, being the northwesterly corner of property of the People of the State of New York acquired in fee, by appropriation by virtue of Parcel No. 104 of Map No. 68 a copy of which was filed in the Allegany County Clerk's Office on March 14,1967 being 39.97 feet northerly, measured at right angles, from Station 9+90.57 of said Baseline; thence through the property used for highway purposes prior to 1916 the following three (3) courses: (1) North 84°42’52” West a distance of 33.80 feet to a point being 51.00 feet northerly, measured at right angles, from Station 9+58.62 of said Baseline; (2) South 85°05’48” West a distance of 216.41 feet to a point being 84.32 feet northerly, measured at right angles, from Station 7+44.79 of said Baseline; and (3) North 00°58’48” East a distance of 29.88 feet to the Point of Beginning; being 4869.2 square feet, plus or minus. Being a portion of the property used for highway purposes prior to 1916 for County Highway 1366, which was accepted as part of the New York State highway system January 29,1918, Subject to the easement rights of others. The New Highway Boundary being a combination of the seventh course. Parcel No. 158 of Map No. 116C and the sixth, seventh and eighth courses of Parcel No. 159 of Map 117A, being the following three (3) courses described as: Beginning at a point being on the northerly highway boundary of the existing State Highway 1366 being 123.00 feet northerly, measured at right angles, from Station 7+54.97 of the 2000 Survey Baseline; thence, South 00°58’48” West a distance of 40.00 feet to a point being 84.32 feet northerly, measured at right angles, from Station 7+44.79 of said Baseline; thence, North 85°05'48” East a distance of 216.41 feet to a point being 51.00 feet northerly, measured at right angles, from Station 9+58.62 of said Baseline; thence, South 84°42'52” East a distance of 33.80 feet to another point on the northerly highway boundary of said State Highway, being 39.97 feet northerly, measured at right angles, from Station 9+90.57 of said Baseline. The referenced survey baseline is the 2000 Survey Baseline for the disposal of a portion of State Highway 1366, under Surplus Property Case #06-III-226, as shown on Map No. 117A and on file in the Office of the New York State Department of Transportation in Hornell and described as follows: Beginning at Station 0+00.00; thence, North 76°14'23” East to Station 10+57.16; thence, South 73°08’17” East to Station 23+63.50. All bearings are referred to GRID North, Central Zone of the New York State Plane Coordinate System, North American Datum 1983 (NAD ‘83). Being the same premises described in New York State Department of Transportation Official Order H2462 dated July 7, 2004 and filing in the Allegany County Clerk’s Office on July 12, 2004 in New York State Department of Transportation Orders and Maps folder. 2. That the Chairman of this Board is authorized to execute and deliver a quit claim deed for said premises upon payment of the amount of $350 and $75 in attorney fees by purchaser. 3. That the costs of any taxes and transaction fees are to be borne by the purchaser. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

158 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 175-04 APPROVAL OF SALE OF 2004 TAX SALE PROPERTIES Offered by:

Ways and Means Committee

Pursuant to New York Uniform Delinquent Tax Enforcement Act and Resolution No. 195-97, as amended by Resolution No. 95-98 RESOLVED: 1. That the sale of tax delinquent properties as shown below, to the owners and purchasers shown, for the consideration shown, subject to terms and conditions of sale for such properties, is approved. 2. That upon the securing by the County Attorney of a proper court order authorizing the conveyance to the County of such of the below mentioned properties which are subject to the 2002 and/or back to the year 1995 (TF95 up to and including TF02) tax foreclosure proceedings and the subsequent execution of a deed of all of the below mentioned properties to the County by the County Tax Enforcement Officer, the Chairman of this Board of Legislators is authorized and directed to execute on behalf of the County of Allegany and to cause to deliver to such owners and purchasers quit claim deeds of the County's interest in such properties and to affix to each such deed the official seal; all upon satisfaction of the terms and conditions of sale and the full payment to the County Treasurer of the monetary considerations. Purchaser & Address Sale Price - - - - - - - - - - - - - -

Formerly Assessed Description/Town - - - - - - - - - - - - -

BILLINGS ROGER M JR BILLINGS ELIZABETH A

COUNTY OF ALLEGANY

1523 BILLINGS HILL RD WELLSVILLE NY 14895-9754 Consideration:

100.00

- - - - - - - - - - - - - CHAMBERLAIN ROBERT T

5829 OLD STATE RD BELFAST NY 14711 Consideration:

96.20

- - - - - - - - - - - - - -

Town code 023801 Town of Bolivar Map# 260.17-1-41 Assessment: 12,100 Acreage: 0.00 Tax sale date: 2/01/01 Tax sale amt: 391.61 - - - - - - - - - - - - -

County Title Recorded Date Liber, Page - - - - - - -

Bk: Pg:

1246 25

- - - - - - -

FROST SHIRLEY ANN C/O RAY BULSON Town code 025200 Town of Genesee Map# 258.-1-11 Assessment: 35,500 Acreage: .75 Tax sale date: 2/01/02 Tax sale amt: 820.09 - - - - - - - - - - - - -

Bk: Pg:

1161 266

- - - - - - -

159 LEGISLATORS’ PROCEEDINGS

SHUTE DUANE

RUNG CURTIS A

7403 ROUTE 19 GAINESVILLE NY 14066

Town code 025800 Town of Hume Map# 27.-1-42 Assessment: 4,500

Consideration:

- - - - - - - - - - - - - -

Acreage: 1.80 Tax sale date: 2/01/02 Tax sale amt: 108.66 - - - - - - - - - - - - -

LEARN MICHAEL R JR LEARN JAMIE M

PENDLETON ROGER PENDLETON MICHELE

5580 SNOWBALL HOLLOW RD SCIO NY 14880

Town code 026600 Town of Scio Map# 223.-1-8.122 Assessment: 3,500

Consideration:

400.00

- - - - - - - - - - - - - -

Acreage: .80 Tax sale date: 2/01/02 Tax sale amt: 165.81 - - - - - - - - - - - - -

NIPHAKIS CHRIS

FORD JOSHUA C

12396 LAURENTIEN BOUL MONTREAL QUEBEC CANADA H4K – IN6

Town code 027001 Town of Wellsville Map# 238.16-3-22 Assessment: 7,300

Consideration:

1,500.00

- - - - - - - - - - - - - -

Acreage: .39 Tax sale date: 2/01/02 Tax sale amt: 335.65 - - - - - - - - - - - - -

FISK DAVID S

HADSELL RAYMOND

RD#2 BOX 62 FRIENDSHIP NY 14739

Town code 027689 Town of Wirt Map# 208.-1-37 Assessment: 17,700

Consideration:

500.00

502.00

Bk: Pg:

1149 166

- - - - - - -

Bk: Pg:

1114 9

- - - - - - -

Bk: Pg:

1208 187

- - - - - - -

Bk: Pg:

1140 229

Acreage: 1.00 Tax sale date: 2/01/02 Tax sale amt: 676.60

Moved by: Mr. Nielsen Seconded by: Mr. Crandall

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

160 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 176-04 A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2004 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED WITH REGARD TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN; DIRECTING MAILING OF NOTICES OF APPROVAL OF APPLICATIONS FOR CORRECTED TAX ROLLS AND ORDERING THE VARIOUS TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS; PROVIDING FOR CHARGE BACKS OR CREDITS Offered by:

Ways and Means Committee

Pursuant to Real Property Tax Law § 554 WHEREAS, applications, for the taxpayers hereafter described, have been made to the County's Director of Real Property Tax Service Agency, for the correction of certain errors affecting their real property on various tax rolls, and WHEREAS, the Director has transmitted to this Board the applications, in duplicate, together with a written report of his investigation of the claimed errors and his written recommendation for action thereon by this Board as to each application, and WHEREAS, this Board has examined each application and report to determine whether the claimed error exists, now, therefore, be it RESOLVED: 1. That with regard to the applications for the named taxpayers pertaining to claimed errors regarding their real property on the respective tax rolls of the named Towns, this Board of Legislators does determine that the claimed errors as alleged in those applications exist and does approve those applications. 2. That the Chairman of this Board is authorized and directed to make a notation on those applications and the duplicates thereof that they are approved, to enter thereon the respective correct extension of taxes as set forth by the Director in his report, to enter thereon the respective date of mailing of a notice of approval, to enter thereon the date of mailing of a certified copy of this resolution to the proper Tax Collector, and to sign thereon as Chairman. 3. That the Clerk of this Board is directed listed taxpayers a notice of approval stating, in their application made has been approved, to inform this Board of the date of the mailing thereof, and respective taxpayers of the applicable provisions seven of section 554 of the Real Property Tax Law.

to mail to the substance, that the Chairman of to inform such of subdivision

4. That the Tax Collector of the Town of Almond is ordered and directed to correct in the 2004 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a.

Jason Burdick; Parcel 125.-1-21.2 Assessment: Land $20,000 Total $20,000

by deleting such duplicate Parcel from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

161 LEGISLATORS’ PROCEEDINGS

Allegany County Medicaid Town of Almond Almond Fire School Relevy Total

$154.34 145.14 200.90 11.38 611.56 $1,123.32

5. That the Tax Collector of the Town of Scio is ordered and directed to correct in the 2004 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a.

Allegany Co. Chapter NYSARC Inc; Parcel 224.-1-30.3 Assessment: Land $4,500 Total $83,500

by exempting such Parcel from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: Allegany County Medicaid Scio Town Tax Scio Fire School Relevy Total

$601.37 565.55 814.49 125.14 2,610.39 $4,716.94

6. That the Clerk of this Board is directed to forthwith mail a certified copy of this resolution to the various Tax Collectors for the Towns stated above together with the original copies of those applications completed in accordance with section two of this resolution. 7. The Clerk of this Board shall mail a copy of this resolution to the above named School and the amount to be charged to each School shall not be charged until 10 days after such mailing. Such amount shall be deducted by the County Treasurer from the money payable to each School as a result of school taxes returned after the date such amount is charged and which shall be paid to each School after May 1, 2005. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2005. Moved by: Mr. Nielsen Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 177-04 ACCEPTANCE OF INSURANCE PAYMENT AND APPROPRIATION OF SAME TO RISK RETENTION ACCOUNTS Offered by:

Finance Committee

WHEREAS, an insurance payment in the amount of $2,572.05 representing payment for damages to a 2000 Chevrolet Impala assigned to the Sheriff’s Office resulting from a car/deer accident on July 29, 2004, has been offered by NYMIR, now, therefore, be it RESOLVED: 1. That the sum of $2,572.05 is sustained by such Sheriff’s Office vehicle.

accepted

for

damages

2. That the accepted sum of $2,572.05 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss),

162 LEGISLATORS’ PROCEEDINGS with a like sum credited to Revenue Account No. CS07.2680 (Risk Retention – Insurance Recovery). Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 178-04 ACCEPTANCE OF NON-BUDGETED STATE GRANT-IN-AID FROM THE STATE OF NEW YORK FOR INTEGRATED CANCER SERVICES PROGRAM; APPROPRIATION OF FUNDS Offered by:

Human Services and Finance Committees

RESOLVED: 1. That a non-budgeted New York State grant-in-aid in the amount of $84,071 to extend the Department of Health’s Integrated Cancer Services Program through March 31, 2005, is accepted. 2. That the sum of $84,071 is appropriated as follows: $2,815 to Account No. A4010.1 and $81,256 to Account No. A4071.4 with a like sum credited to Revenue Account No. A10.3401.01. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 179-04 TRANSFER OF FUNDS WITHIN COMMUNITY SERVICE ACCOUNTS Offered by:

Human Services and Finance Committees

RESOLVED: 1. That the sum of $22,800 is transferred from Account No. A4312.204 to the following accounts in the designated amounts: Account No. A4312.101 A4312.405 A4312.411 A4312.412 A4312.802 A4312.803 A4316.806 Moved by: Mr. Truax Seconded by: Mr. Dibble

Amount $4,558 269 1,500 8,382 188 348 7,555 Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 180-04 TRANSFER OF FUNDS WITHIN DISTRICT ATTORNEY ACCOUNT Offered by:

Public Safety Committee

RESOLVED: 1. A1165.4 copier.

That the sum of $828 is transferred from Account No. to Account No. A1165.2, for the purchase of a digital

Moved by: Mr. Bennett Seconded by: Mr. Truax

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

163 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 181-04 TRANSFER OF FUNDS WITHIN LAW ENFORCEMENT TRAFFIC SAFETY PROGRAM ACCOUNT Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That the sum of $2,000 is transferred from Account No. A3114.2 to Account No. A3114.4. Moved by: Mr. Bennett Seconded by: Mr. Truax

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: The transfer of funds approved in Resolution No. 181-04 was requested because the equipment for which the .2 account was funded will not be purchased as originally planned. Instead, other supplies will be purchased.) RESOLUTION NO. 182-04 TRANSFER OF FUNDS WITHIN LAW ENFORCEMENT SHERIFF ACCOUNT Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That the sum of $3,392 is transferred from Account No. A3110.408 (Sheriff - General Supplies) to Account No. A3112.421 (E911 Dispatch – Education) to fund required training and certification for Emergency Services Dispatchers. Moved by: Mr. Reynolds Seconded by: Mr. Truax

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 183-04 APPROVAL OF CONTRACT BETWEEN COUNTY OF ALLEGANY AND NEW DIRECTIONS YOUTH & FAMILY SERVICES, INC. FOR NON-SECURE DETENTION SERVICES Offered by:

Human Services and Finance Committees

RESOLVED: 1. That Contract between County of Allegany and New Directions Youth & Family Services, Inc., for Non-Secure Detention Services for the term July 1, 2004 through June 30, 2005, is approved. 2. That the Chairman of this authorized to execute the Contract. Moved by: Mr. Truax Seconded by: Mr. Sherman

Board

of

Legislators

is

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: The contract approved in Resolution No. 183-04 is for a mandated service. There are no changes in this contract from the one that just expired 06/30/04 in which two beds are contracted at a cost of $219 per bed per day.)

164 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 184-04 APPROVAL OF AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS PROVIDING FOR REIMBURSEMENT OF EXPENSES INCURRED BY DIRECTOR OF WEIGHTS AND MEASURES IN PETROLEUM PRODUCT QUALITY PROGRAM Offered by:

Public Safety Committee

RESOLVED: 1. That an Agreement between the County of Allegany and the New York State Department of Agriculture and Markets providing for reimbursement of certain expenses incurred by the Allegany County Director of Weights and Measures in administering the New York State Petroleum Product Quality Program, is approved. 2. That the Chairman of this Board is authorized to execute such Agreement and all necessary required forms or vouchers to secure reimbursement. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: Regarding the contract approved in Resolution No. 184-04, the authorized reimbursement amount is $19,950, to be received at a rate of $3,990 per year for five years. The terms of the contract are in line with County sampling history and increased gas costs.) Resolution Intro. No. 191-04 (Resolution Setting Date of Public Hearing on a Local Law to Provide an Orderly Program for the Collection, Transportation and Disposal of Solid Waste and Recyclables in Order to Promote the Safety, Health, Welfare and Convenience of the Citizens of Allegany County, and to Prohibit Random Refuse Disposal and Littering Along Public Highways and Roads, and in Furtherance of the Legislative Findings Set Forth Below, and to Repeal Local Law No. 2 of the Year 2000, as Amended) was not pre-filed and was considered from the floor on a motion made by Legislator Russo, seconded by Legislator Graffrath and carried. Resolution Intro. No. 191-04 was amended on a motion by Legislator Graffrath, seconded by Legislator Dibble and carried, to change the time of the public hearing on September 27 from 2:00 to 7:00 p.m. RESOLUTION NO. 185-04 RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW TO PROVIDE AN ORDERLY PROGRAM FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE AND RECYCLABLES IN ORDER TO PROMOTE THE SAFETY, HEALTH, WELFARE AND CONVENIENCE OF THE CITIZENS OF ALLEGANY COUNTY, AND TO PROHIBIT RANDOM REFUSE DISPOSAL AND LITTERING ALONG PUBLIC HIGHWAYS AND ROADS, AND IN FURTHERANCE OF THE LEGISLATIVE FINDINGS SET FORTH BELOW, AND TO REPEAL LOCAL LAW NO. 2 OF THE YEAR 2000, AS AMENDED Offered by:

Public Works Committee

WHEREAS, on this 13th day of September 2004, a local law (Intro. No. 4-2004, Print No. 1) was introduced to provide an Orderly Program for the Collection, Transportation and Disposal of Solid Waste and Recyclables in Order to Promote the Safety, Health, Welfare and Convenience of the Citizens of Allegany County, and to Prohibit Random Refuse Disposal and Littering Along Public Highways and Roads, and in Furtherance of the Legislative Findings Set Forth

165 LEGISLATORS’ PROCEEDINGS Below, and to Repeal Local Law No. 2 of the Year 2000, as Amended, and WHEREAS, it will be necessary to set a date for public hearing on said proposed local law, now, therefore, be it RESOLVED: 1. That a public hearing shall be held on September 27, 2004, at 7:00 P.M. in the County Legislators' Chambers, Room 221, County Office Building, Belmont, New York, before the Allegany County Board of Legislators, in relation to proposed local law Intro. No. 4-2004, Print No. 1. 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. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 1 No, 0 Absent Voting No: Reynolds

AUDITS: A motion was made by Legislator Truax, seconded by Legislator Sherman and carried, that the audits be acted upon collectively and by totals. A motion was made by Crandall and adopted on Absent, that the audit recommended by the County

Legislator Nielsen, seconded by Legislator a roll call vote of 15 Ayes, 0 Noes, 0 of claims be approved for payment as Administrator.

The meeting was adjourned on a motion made by Legislator Truax, seconded by Legislator Burdick and carried. --------

166 LEGISLATORS’ PROCEEDINGS September 27, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Crandall. Roll Call:

All present.

PUBLIC HEARING: Chairman Palmer closed the regular meeting to hold a public hearing on Local Law Intro. No. 3-2004, entitled “A Local Law Amending Local Law No. 4 of 1987 to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over.” Office for the Aging Director Kimberley Toot (resident Wellsville, NY) thanked the legislators for their efforts.

of

Ernest Cowell of Little Genesee addressed the Board with concerns related to the income ceilings adopted by several of the Towns in the County. Legislator Sherman informed him that this new local law covers the entire County for the County portion of real property taxes, but Towns can adopt a different income level for the town portion, although most Towns will adopt the same as the County does. Mr. Cowell asked about the higher State income levels and Legislator Bennett stated he must be referring to the Enhanced STAR school tax exemption program because there are no State real property taxes. Bette Stockman of Cuba inquired about setting eligibility for the tax exemption at poverty level. County used the figure of $17,000.

the income Cattaraugus

With no further comments being offered, the public hearing was declared closed and the meeting reconvened in regular session. APPROVAL OF MINUTES: The Board meeting minutes of August 9 and 23, 2004 were approved on a motion by Legislator Dibble, seconded by Legislator Truax and carried. PRIVILEGE OF THE FLOOR: Chairman Palmer granted privilege of the floor to Kelly Beil, ACCORD Family Development Director, to address the issue of Domestic Violence. During the period of January 2001 through December 2003, ACCORD served 658 victims representing a wide cross-section of the population in education and income levels. The month of October 2004 is set aside to raise awareness of domestic violence, with one of the highlights to be a rally October 4 on the Courthouse steps. New York State Senator Patricia McGee will speak on legislative initiatives and Family Court Judge Mike Griffith will also address those assembled. Ms. Beil thanked the Board for their support. Privilege of the floor was also granted to Paul Neureuter, Vice President for Ciminelli-Cowper, Construction Manager for the new County Jail and Public Safety Complex. Mr. Neureuter presented an update on construction contracts and a budget overview. Low bids have been found to be in order and the last of the contracts will be formally presented to the Facilities Planning and Management

167 LEGISLATORS’ PROCEEDINGS Committee on September 29. At this point in the process, bidding has come in at $657,000 under budget (3.5 percent). Jesse Case, Deputy Mayor of the Village of Wellsville, was granted privilege of the floor to speak on behalf of Mayor Bradley Thompson regarding Board support of Wellsville’s application for city status. Mayor Thompson feels this move would benefit the entire County in the areas of property tax, sales tax revenue, economic growth, and responsibility for Wellsville’s bridges. Legislator Reynolds clarified that current sales tax revenue collected by the County wouldn’t change, but additional sales tax revenue attributable to economic growth would be retained by Wellsville with just a percentage turned over to the County. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Correspondence was received from the Village Board of Bolivar opposing any solid waste disposal user fee increases at the County transfer stations. 2. Public Works Superintendent David Roeske filed copies of correspondence in the Clerk of the Board’s Office regarding his appointments of John Mancuso as Deputy Superintendent I and Guy James as Deputy Superintendent II of the Public Works Department. 3. A media release was received from Southern Tier West Regional Planning and Development Board highlighting their September board meeting. APPOINTMENT: The Clerk of the Board announced that Chairman Palmer appointed Susan F. Myers to fill the remainder of an unexpired term as a member of the Allegany County Youth Board for three years commencing September 27, 2004 and expiring March 25, 2007, subject to confirmation by the Board of Legislators. PROCLAMATION: The Clerk of the Board announced that Chairman Palmer proclaimed the month of October 2004 as Domestic Violence Awareness Month in recognition of the important work accomplished through domestic violence programs. Chairman Palmer urged all citizens to actively participate in scheduled activities and programs sponsored by the Allegany County Domestic Violence Consortium and to work toward improving victim safety and holding perpetrators of domestic abuse accountable for their actions against individual victims and our society as a whole. RESOLUTIONS: RESOLUTION NO. 186-04 ADOPTION OF LOCAL LAW INTRO. NO. 3-2004, PRINT NO. 1, IN RELATION TO A LOCAL LAW AMENDING LOCAL LAW NO. 4 OF 1987 TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER Offered by:

Ways and Means Committee

RESOLVED: 1. That proposed Local Law, Intro. No. 3-2004, Print No. 1, is adopted without any change in language, to wit:

168 LEGISLATORS’ PROCEEDINGS COUNTY OF ALLEGANY Intro. No. 3-2004

Print No. 1

A LOCAL LAW AMENDING LOCAL LAW NO. 4 OF 1987 TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows: Section 1. The purpose of this local law is to amend Section 2. of Local Law No. 4 of 1987 to increase the annual income limits at which certain persons over sixty-five years of age can receive a partial exemption to the assessed valuation of real property owned by such persons. Section 2. That Section 2. of Local Law No. 4 of 1987 is amended to read as follows: PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION

ANNUAL INCOME $12,000 or less

50 per centum

More than $12,000 but less than $12,500

45 per centum

$12,500 or more but less than $13,000

40 per centum

$13,000 or more but less than $13,500

35 per centum

$13,500 or more but less than $14,000

30 per centum

$14,000 or more but less than $14,500

25 per centum

$14,500 or more but less than $15,000

20 per centum

Section 3.

This local law shall take effect immediately.

Moved by: Mr. Nielsen Seconded by: Mr. Sherman

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: Following adoption of Resolution No. 186-04, Local Law Intro. No. 3-2004 is numbered Local Law No. 2-2004.) A motion was made by Legislator Reynolds and seconded by Legislator Heineman to amend Resolution Intro. No. 193-04 (Authorizing Allegany County Clerk to Request Retention of Necessary Expenses for Mortgage Tax Recording and Collection) to include wording to hold Towns harmless and allow for reimbursement in some way of the amounts normally returned to the Towns. During discussion, County Clerk Christman pointed out that the State will pay 25 percent of the cost to collect mortgage taxes if this retention policy is instituted. Mortgage Tax Recording and Collection is State-mandated. County Attorney Guiney advised that a method to return the money to the Towns should be worked out and included in the resolution. Legislator Reynolds withdrew his previous motion to amend and instead made a motion, which was seconded by Legislator Truax and carried, to refer Resolution Intro. No. 193-04 back to the Finance Committee.

169 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 187-04 RESOLUTION IN SUPPORT OF DESIGNATION OF VILLAGE OF WELLSVILLE AS A CITY Offered by:

Finance Committee

RESOLVED: 1. That this Board supports the actions of the Village of Wellsville in its attempts to achieve city status and supports the designation of the Village of Wellsville as a city. Moved by: Mr. Crandall Seconded by: Mr. Sobeck

Adopted: Roll Call 9 Ayes, 6 Noes, 0 Absent Voting No: Bennett, Burdick, Dibble, Myers, Sherman, Truax

RESOLUTION NO. 188-04 CONFIRMATION OF BOARD CHAIRMAN’S APPOINTMENT TO COUNTY YOUTH BOARD Offered by:

Public Safety Committee

Pursuant to Resolution No. 95-79 RESOLVED: 1. That the appointment by the Chairman of this Board of Susan F. Myers to the County Youth Board, with term of office commencing September 27, 2004, and expiring March 25, 2007, is confirmed. Moved by: Mr. Dibble Seconded by: Mr. Truax

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 189-04 APPOINTMENT OF ONE MEMBER TO COUNTY BOARD OF HEALTH Offered by:

Human Services Committee

Pursuant to Public Health Law §§ 343 and 344 RESOLVED: 1. That Dr. David Brubaker of Houghton, New York is appointed to fill a vacant position on the County Board of Health, with term of office commencing September 27, 2004, and expiring July 7, 2008. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 190-04 TRANSFER OF FUNDS FROM VARIOUS ACCOUNTS TO LEGISLATIVE BOARD EQUIPMENT ACCOUNT Offered by:

Finance Committee

RESOLVED: 1. That the sum of $93,042 is transferred to Account No. A1010.2 in the designated amounts from the following accounts: $8,492 from Account No. A1355.101; $34,432 from Account No.

170 LEGISLATORS’ PROCEEDINGS A6010.101; $9,323 from Account No. A1620.1, and $40,795 from Account No. D5110.101. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: The transfers approved in Resolution No. 190-04 resulted from the elimination of positions on August 23, 2004 by Resolution No. 166-04. Departments affected were Assessments, Social Services, Buildings & Grounds, and County Roads. The purpose of transferring to the Legislative account is to “protect” these funds and if unspent at year’s end, the funds will fall to general fund balance.) RESOLUTION NO. 191-04 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO TRAFFIC SAFETY PROGRAM ACCOUNT Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That the sum of $2,374 is transferred from Account No. A1990.4 to Account No. A3114 to cover funding of such program through December 31, 2004. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 10 Ayes, 5 Noes, 0 Absent Voting No: Dibble, Graffrath, Myers, Russo, Sobeck

(Memo: Regarding Resolution No. 191-04, Allegany County’s Traffic Safety Program has been fully funded by the New York State Governor’s Traffic Safety Committee since 1998. The fiscal year for the program begins October 1. The GTSC has awarded $14,000 for the 2004-05 Child Passenger Safety Program. They have not yet awarded 2004-05 funds for Buckle Up New York ($2,511 applied for) or a STEP enforcement program centered on speeding and aggressive driving in school zones ($16,372 applied for). The GTSC tentatively awarded $50,000 for the 2004-05 primary traffic safety program (Sharing Roads Safely), which covers the coordinator’s salary and most of the benefits. The application was for $68,074. No money was allocated from the State for phones, postage, mileage, contract services, program materials, conference costs, etc. To make up the shortfall, the GTSC is requesting that Allegany County make up the difference. For this program, $4,745 is needed to meet the budgeted benefits expenses and $4,750 will cover enough of the contractual expenses to operate the program successfully. Because of the differing fiscal years, $2,374 is needed for FY 2004 and $7,121 for FY 2005. Resolution No. 191-04 addresses only the FY 2004 portion.) RESOLUTION NO. 192-04 APPROVAL OF ALLEGANY COUNTY COMPREHENSIVE PLAN FOR YOUTH SERVICES Offered by:

Public Safety Committee

RESOLVED: 1. That the Plan titled “Allegany County Comprehensive Plan for Youth Services – May 1, 2004 to December 31, 2006” is approved. Moved by: Mr. Sherman Seconded by: Mr. Truax

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

171 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 193-04 MEMORIALIZING STATE LEGISLATURE TO CAUSE CORRIDOR STUDIES TO BE DONE OF THE EXTENSION SOUTHERLY OF STATE ROUTE 408 AND THE EXTENSION EASTERLY OF STATE ROUTE 243 Offered by:

Planning and Development Committee

WHEREAS, the County is desirous of promoting economic development and tourism in Allegany County and the surrounding Southern Tier of New York State, and WHEREAS, a review of the State Highway System shows that there is a lack of an East-West State route and a lack of a North-South State route through the northeast quadrant of Allegany County, and WHEREAS, the North-East quadrant of Allegany County reflects the absence of adequate highway infrastructure necessary for the health, safety and economic development and growth of Allegany County, and WHEREAS, Allegany County is a very poor County and needs the help of the State to provide transportation routes as most of the roads in the North-East 25 percent of the County are not paved, and WHEREAS, the placement of an East-West route, by extending State Route 243, would encourage development in this area and would also provide access from Swain to Rushford and Cuba Lake as well as access to the new Economic Development Zone in the Town of Friendship, and WHEREAS, a review of the State Highway System shows that State Route 408 presently exists as a two-lane highway from its intersection with I-390 near Mt. Morris, New York, and thence Southerly through Livingston County to Dalton, New York, and WHEREAS, the placement of an extended State Route 408 would provide a North-South two-lane highway access to the new Economic Development Zone in the Town of Friendship and Village of Cuba, and WHEREAS, the extension of State Route 408 as a two-lane highway southerly from Dalton, New York, through Allegany County to intersect with State Route 19 at Transit Bridge would encourage development along the proposed route and would provide access from the more urban areas north of Livingston County, such as the Interstate 390 Corridor, to Allegany County, and WHEREAS, the extension of State Route 408, to run southerly and southwesterly along existing unimproved town roads and county roads through the hamlet of Aristotle to Transit Bridge, would provide easier access for tourists to visit Allegany County, and WHEREAS, it is understood that such proposed extension of State Route 408 and such proposed extension of State Route 243 are included in the State Department of Transportation’s Long Range Plan, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators hereby memorializes the New York State Legislature to pass legislation which would require that two corridor studies be done, the first for the extension of State Route 243 from its existing terminus at its intersection with State Route 19, easterly to the Garwood/State Route 70 area and the second for the extension of State Route 408

172 LEGISLATORS’ PROCEEDINGS from its existing terminus in Dalton southwesterly through Aristotle to the Route19/State Route 17 area.

southerly and then Transit Bridge/State

2. That certified copies of this Resolution be forwarded to State Senator John R. Kuhl, Jr.; New York State Governor George Pataki; New York State Senator Patricia K. McGee; Senate Majority Leader Joseph Bruno; Assembly Speaker Sheldon Silver; Assemblyman Daniel Burling; Assemblywoman Catharine M. Young and Joe Boardman, Commissioner of Transportation. Moved by: Mrs. Myers Adopted: Roll Call Seconded by: Mr. Dibble 10 Ayes, 5 Noes, 0 Absent Voting No: Graffrath, Heineman, Russo, Sobeck, Truax AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Nielsen, seconded by Legislator Dibble and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims be approved for payment as recommended by the County Administrator. The meeting was adjourned on a motion made by Reynolds, seconded by Legislator Graffrath and carried.

Legislator

-------PUBLIC HEARING ON LOCAL LAW INTRO. NO. 4 of 2004 REGARDING THE COUNTY’S PROPOSED SOLID WASTE FLOW CONTROL LAW September 27, 2004 The public hearing on Local Law Intro. No. 4 of 2004 entitled “Local Law of the County of Allegany to Provide an Orderly Program for the Collection, Transportation and Disposal of Solid Waste and Recyclables in Order to Promote the Safety, Health, Welfare and Convenience of the Citizens of Allegany County, and to Prohibit Random Refuse Disposal and Littering Along Public Highways and Roads, and in Furtherance of the Legislative Findings Set Forth Below, and to Repeal Local Law No. 2 of the Year 2000, as Amended” was declared open at 7:00 pm by Chairman James G. Palmer. Pledge of allegiance to the flag. Roll Call:

All legislators present except Legislator Regan.

Also Present: Approximately 40 people were present for the hearing, including members of the public, several County employees, and two representatives of the media (D. LeBlanc, Olean Times Herald and S. Liebler, Wellsville Daily Reporter). Chairman Palmer read the title of the proposed local law and clarified that it does not set user fees, but establishes flow control of the County’s solid waste and recyclables. The procedure to be followed for offering comments was outlined. Comments from those wishing to speak are summarized below. Larry Shilling of Alfred Station, representing Hyland Landfill, presented a

private citizen and document to Chairman

173 LEGISLATORS’ PROCEEDINGS Palmer (attached to original minutes) in which he suggests several changes to the proposed legislation. Mr. Shilling stated he assumes the intent of the County is not to affect his business, but to control waste within County limits and ultimately revamp fees. Although his business takes in very little County waste except construction debris, he feels this local law will have negative economic impact on establishment of new business and expansion of existing business and asked that other alternatives be investigated. Bradley Thompson, Mayor, Village of Wellsville, commented that the County should be careful about the wording in the proposed local law. Stating that all waste generated in the County must be dumped at the County landfill creates a monopoly. Mayor Thompson also advised that if municipal tipping fees are instituted later, there are no funds in the Village of Wellsville budget to cover them. Where medical wastes are to be disposed of was also questioned. Alan R. Burdick of Alfred Station, private citizen, local contractor, and Alfred Town Supervisor, voiced frustration experienced this past year with having to manually unload his dump trailer at the transfer stations, waiting in line for long periods of time (due in part to the County’s accepting Hornell’s municipal garbage), and driving construction debris farther because it is no longer accepted at the transfer stations. Mr. Burdick feels there are more issues that need to be addressed and decisions that are made should be more business-friendly and aimed at efficiency. The present system is about as far away from that as it can be. Mr. Burdick commented that he does like the idea of having everything within the County disposed of at one landfill, but expressed concern with refuse being dumped over roadside banks. Klaus Wuersig of Belfast, Citizens for Honesty in Government, commented that he didn’t understand why the public hearing was being held unless it was to placate the citizens into thinking they had input. He feels the legislators are not listening as evidenced by their refusal to reverse the illegal dump permit process, or put the building of a new jail and reduction in the number of legislators on the November ballot. Kevin LaForge of Wellsville, LaForge Disposal, commented that even though this proposed flow control law doesn’t deal directly with setting fees, the law is a big component of any fee structure being considered. Mr. LaForge feels the County will be creating a situation that will cause an economic competitive disadvantage for the independent haulers. Mark Copp of Whitesville, private citizen, stated that he has had contact with other solid waste operations in other counties and praised our County’s system. Mr. Copp complimented the Department of Public Works on the quality of the literature they distribute and helpfulness of the staff, but also noted that solid waste disposal is a business and asked if a legislative body can handle the complexities involved. He suggested forming an on-going standing committee of the solid waste system’s stake holders (members of the public, businesses, haulers) to volunteer their time and make suggestions. People need to feel they are a part of the system. Gail Thomas of Wellsville, private citizen, commented that although it was stated this local law doesn’t address fees, the setting of fees is mentioned in the text which should open the discussion to the fees issue. Ms. Thomas feels that the permit she purchased for $10 that states it expires in 2007 should continue to be honored. She suggested that anyone attending this hearing that had intended to speak, but declined because they thought fees weren’t going to be discussed, should be allowed to speak.

174 LEGISLATORS’ PROCEEDINGS

Darwin L. Fanton of Wellsville, Town Councilman, suggested the County clarify section 8, number 1, second sentence – valid permit, and section 8, number 5 – no fee for recyclables, as he believes there is conflicting information. Following a motion to adjourn made by Legislator Reynolds and seconded by Legislator Heineman, the public hearing was declared officially closed at 7:25 pm. -------October 12, 2004 The regular meeting of the Board of Legislators was called to order at 2:02 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Reynolds. Roll Call:

All present except Legislator Regan.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies meeting minutes of September 13 and 27, 2004 for review.

of

Board

2. Placed on each legislator’s desk was a copy of the 2005 County Tentative Budget along with a copy of the Budget Message submitted by Budget Officer John Margeson. 3. Also placed on each legislator’s desk was a copy of the Report of Tax Bill Corrections approved by the County Administrator for the month of September 2004. 4. Also placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of September 2004. 5. A Certificate of Withdrawal of Delinquent Tax Lien was filed on September 30, 2004 by the County Treasurer in the Clerk of the Board’s Office for property in the Town of Genesee pursuant to Article 11 of the NYS Real Property Tax Law. 6. Notice was received of the next Inter-County Association of Western New York meeting to be hosted by Genesee County on October 15, 2004 at the Pavilion Fire Hall. 7. Notice was received from the Allegany/Western Steuben Rural Health Network announcing a presentation based on the recent release of “Socioeconomic Trends and Well-Being Indicators in New York State, 1950-2000.” The presentation will be held on October 28 from 6:00 to 8:00 pm at Alfred University. 8. Correspondence was received from Assemblywoman Catharine Young acknowledging receipt of Resolution No. 149-04 and informing the Board that the Department of Environmental Conservation will continue to participate in local Forest Practice Board meetings. 9. Correspondence was received from Assemblyman Daniel Burling, along with a copy of his letter to NYS DEC Commissioner

175 LEGISLATORS’ PROCEEDINGS Erin Crotty, regarding the DEC’s continued participation in local Forest Practice Board meetings. 10. Correspondence was received from Donald Holton with the NYS Emergency Management Office commending the assistance and cooperation he received from John Tucker, Allegany County Emergency Services Director, during his recent visit. 11. thanking Program.

Correspondence the Board and

was also received from Kath Buffington for the

Heather Bedow Traffic Safety

INTRODUCTION OF LEGISLATION: Legislator Crandall introduced Local Law Intro. No. 5-2004, Print No. 1, entitled “A Local Law to Provide Increases in the Compensation of Certain County Officers,” a copy of said Local Law having been placed on each legislator’s desk. Legislator Crandall introduced Local Law Intro. No. 6-2004, Print No. 1, entitled “A Local Law Repealing Local Law No. 3 of 2003 Imposing a Tax on the Occupancy of Hotel or Motel Rooms,” a copy of said Local Law having been placed on each legislator’s desk. RESOLUTIONS: RESOLUTION NO. 194-04 RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS Offered by:

Ways and Means Committee

WHEREAS, on this 12th day of October 2004, a local law (Intro. No. 5-2004, Print No. 1) was introduced to provide increases in the compensation of certain county officers, and WHEREAS, it will be necessary to set a date for public hearing on such proposed local law, now, therefore, be it RESOLVED: 1. That a public hearing shall be held on October 25, 2004 at 2:00 P.M. in the County Legislators' Chambers, Room 221, County Office Building, Belmont, New York, before the Allegany County Board of Legislators, in relation to proposed local law Intro. No. 5-2004, Print No. 1. 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. Nielsen Seconded by: Mr. Crandall

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

Resolution Intro. No. 201-04 (Resolution Setting Date of Public Hearing on a Local Law Repealing Local Law No. 3 of 2003 Imposing a Tax on the Occupancy of Hotel or Motel Rooms) was DEFEATED on a roll call vote of 4 Ayes, 10 Noes, 1 Absent. Voting No: Bennett,

176 LEGISLATORS’ PROCEEDINGS Burdick, Crandall, Sherman, and Truax.

Dibble,

Graffrath,

Myers,

Nielsen,

Palmer,

RESOLUTION NO. 195-04 INCREASING APPROPRIATIONS AND REVENUES IN OFFICE FOR AGING ACCOUNTS Offered by:

Human Services and Finance Committees

WHEREAS, the Office for the Aging has advised that certain appropriations and revenues should be increased due to a Federal grant-in-aid and, in addition, an increase in client cost share and contributions over the amount budgeted in EISEP, now, therefore, be it RESOLVED: 1. That the following Office increased by the designated amounts:

for

the

Aging

Appropriation Accounts: A6772.474 A6773.201 A6781.402 A6783.402 A6786.474 Total

$5,556 2,414 490 127 7,323 $15,910

Revenue Accounts: A11 4772.00 A11 4772.01 A11 4772.05 A11 4772.07 A11 4772.10 Total

$5,556 2,414 490 127 7,323 $15,910

2. That the following Office increased by the designated amounts:

for

the

Aging

Revenue Account: A02 1972.06

$9,500

Appropriation Account: A6778.474

$9,500

Moved by: Mr. Truax Seconded by: Mr. Bennett

accounts

are

accounts

are

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 196-04 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO PLANNING CONTRACTUAL EXPENSES ACCOUNT Offered by:

Finance Committee

RESOLVED: 1. That the sum of $4,800 is transferred from Account No. A1990.4 (Contingent) to Account No. A8020.4 (Planning - Contractual) to finance the cost of the Planning Specialist Contract. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 12 Ayes, 2 Noes, 1 Absent Voting No: Russo, Sobeck

177 LEGISLATORS’ PROCEEDINGS (Memo: The transfer approved in Resolution No. 196-04 was needed to fund the Planning Specialist Contract approved November 24, 2003 per Resolution No. 250-03.) RESOLUTION NO. 197-04 TRANSFER OF FUNDS WITHIN EMPLOYMENT AND TRAINING APPROPRIATIONS AND REVENUES ACCOUNTS Offered by:

Planning and Development and Finance Committees

RESOLVED: 1.

That the following transfers are approved:

From: CD1 6402.101 CD1 6402.101 CD1 6402.101 CD1 6402.475 CD1 6402.475 CD1 6402.806 CD1 6403.101 CD1 6403.101 CD1 6403.101 CD1 6403.101 CD1 6404.101 CD1 6404.101 CD1 6404.806 CD1 6408.101 CD1 6408.476 CD1 6410.476 CD1 6412.101 CD1 6412.101 CD1 6794.101

To: CD1 CD1 CD1 CD1 CD1 CD1 CD1 CD1 CD1 CD1 CD1 CD1 CD1 CD1 CD1 CD1 CD1 CD1 CD1

Amount: 20,000.00 5,000.00 1,000.00 6,000.00 4,000.00 6,000.00 2,000.00 10,000.00 5,000.00 1,000.00 2,000.00 5,000.00 2,000.00 7,000.00 8,000.00 8,000.00 4,600.00 700.00 800.00

6400.101 6400.474 6400.806 6400.806 6401.474 6401.474 6401.474 6403.474 6406.474 6406.806 6407.474 6410.101 6410.101 6410.101 6410.101 6410.806 6413.101 6413.803 6794.806 TOTAL

From: CD1 4701.6402 CD1 4701.6402 CD1 2801.6403 CD1 2801.6403 CD1 2801.6404 CD1 2801.6404 CD1 4701.6408

To: CD1 CD1 CD1 CD1 CD1 CD1 CD1

98,100.00 Amount: 32,000.00 10,000.00 2,000.00 6,000.00 2,000.00 7,000.00 15,000.00

4701.6400 4701.6401 4701.6401 4701.6406 4701.6406 4701.6410 4701.6410 TOTAL

Moved by: Mrs. Myers Seconded by: Mr. Dibble

74,000.00 Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 198-04 TRANSFER OF FUNDS WITHIN YOUTH PROGRAMS: YOUTH COURT ACCOUNT Offered by:

Public Safety Committee

RESOLVED: 1. That the sum of $159 is transferred from Account A7321.4 to Account No. A7321.2, to purchase a file cabinet. Moved by: Mr. Sherman Seconded by: Mr. Truax

No.

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

178 LEGISLATORS’ PROCEEDINGS Resolution Intro. No. 219-04 (Resolution Consolidating Resolutions Intro. Numbers 206-04 to 218-04) was not pre-filed and was considered from the floor on a motion made by Legislator Bennett, seconded by Legislator Reynolds and carried on a roll call vote of 11 Ayes, 3 Noes, 1 Absent. Voting No: Heineman, Russo, Sobeck. RESOLUTION NO. 199-04 RESOLUTION CONSOLIDATING RESOLUTIONS INTRO. NUMBERS 206-04 TO 218-04 Offered by:

Legislator Rodney K. Bennett

RESOLVED: 1. That resolutions Intro. Numbers 206-04 to 218-04 regarding the new County Jail and Public Safety Complex in the Town of Amity are consolidated. 2. That consolidated resolutions Intro. Numbers 206-04 to 218-04 are approved and the Chairman of this Board is authorized to execute the agreements approved therein. Moved by: Mr. Bennett Adopted: Roll Call Seconded by: Mr. Reynolds 8 Ayes, 6 Noes, 1 Absent Voting No: Dibble, Graffrath, Heineman, Russo, Sobeck, Truax (Memo: Resolutions Intro. Numbers 206-04 to 218-04, consolidated and approved all at once in Resolution No. 199-04 above, are listed below as Resolutions Numbers 199A-04 to 199M-04. No roll call or voice vote information is included, as the vote taken for 199-04 covers all of them.) RESOLUTION NO. 199A-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND KING BROTHERS MASONRY CONTRACTORS, INC. FOR CONCRETE, MASONRY, AND PRECAST FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and King Brothers Masonry Contractors, Inc. for concrete, masonry, and precast for the new County Jail and Public Safety Complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. (Memo: King Brothers’ bid amount is $4,500,000.) RESOLUTION NO. 199B-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND RAULLI & SONS, INC. FOR STRUCTURAL STEEL FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and Raulli & Sons, Inc. for structural steel for the new County Jail and Public Safety Complex in the Town of Amity is approved.

179 LEGISLATORS’ PROCEEDINGS

2. The Chairman of this Board is authorized to execute the Agreement. (Memo: Raulli & Sons’ bid amount is $827,000.) RESOLUTION NO. 199C-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND GROVE ROOFING SERVICES, INC. FOR ROOFING FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and Grove Roofing Services, Inc. for roofing for the new County Jail and Public Safety Complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. (Memo: Grove Roofing Services’ bid amount is $548,220.) RESOLUTION NO. 199D-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND KIRST CONSTRUCTION, INC. FOR GENERAL TRADES WORK FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and Kirst Construction, Inc. for general trades work for the new County Jail and Public Safety Complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. (Memo: Kirst Construction’s bid amount is $3,168,000.) RESOLUTION NO. 199E-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND NIAGARA COATINGS SERVICES, INC. FOR PAINTING FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and Niagara Coatings Services, Inc. for painting for the new County Jail and Public Safety Complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. (Memo: Niagara Coatings Services’ bid amount is $306,400.)

180 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 199F-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND SPECTRA CONTRACT FLOORING FOR RESILIENT FLOORING AND CARPET FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and Spectra Contract Flooring for resilient flooring and carpet for the new County Jail and Public Safety Complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. (Memo: Spectra Contract Flooring’s bid amount is $185,000.) RESOLUTION NO. 199G-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND D & R JONES CONSTRUCTION CORP. FOR TILE FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and D & R Jones Construction Corp. for tile for the new County Jail and Public Safety Complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. (Memo: D & R Jones’ bid amount is $73,900.) RESOLUTION NO. 199H-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND COMMERCIAL APPLIANCE CONTRACTS, INC. FOR FOOD SERVICE EQUIPMENT FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and Commercial Appliance Contracts, Inc. for food service equipment for the new County Jail and Public Safety Complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. (Memo: Commercial Appliance Contracts’ bid amount is $302,667.)

181 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 199I-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND SCOBELL COMPANY, INC. FOR HEATING, VENTILATION AND AIR CONDITIONING FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and Scobell Company, Inc. for heating, ventilation and air conditioning for the new County Jail and Public Safety Complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. (Memo: Scobell Company’s bid amount is $2,334,000.) RESOLUTION NO. 199J-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND FREY & CAMPBELL, INC. FOR PLUMBING FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and Frey & Campbell, Inc. for plumbing for the new County Jail and Public Safety Complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. (Memo: Frey & Campbell’s bid amount is $1,463,000.) RESOLUTION NO. 199K-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND DAVIS FIRE PROTECTION AND SERVICES, LLC FOR FIRE PROTECTION FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and Davis Fire Protection and Services, LLC for fire protection for the new County Jail and Public Safety Complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. (Memo: Davis Fire Protection and Services’ bid amount is $390,600.)

182 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 199L-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND FREY ELECTRIC CONSTRUCTION CO., INC. FOR ELECTRICAL FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and Frey Electric Construction Co., Inc. for electrical for the new County Jail and Public Safety Complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. (Memo: Frey Electric’s bid amount is $1,447,000.) RESOLUTION NO. 199M-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND ESITECH, INC. FOR ELECTRONIC SECURITY SYSTEMS FOR NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and Esitech, Inc. for electronic security systems for the new County Jail and Public Safety Complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. (Memo: Esitech’s bid amount is $1,334,955.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Dibble and carried, that the audits be acted upon collectively and by totals. Opposed: Sobeck. A motion was made by Legislator Nielsen, seconded by Legislator Truax and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims be approved for payment as recommended by the County Administrator. The meeting was adjourned on a motion made Nielsen, seconded by Legislator Dibble and carried. --------

by

Legislator

183 LEGISLATORS’ PROCEEDINGS October 25, 2004 The regular meeting of the Board of Legislators was called to order at 2:04 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Sherman. Roll Call:

All present except Legislator Graffrath.

PUBLIC HEARING: Chairman Palmer closed the regular meeting to hold a public hearing on Local Law Intro. No. 5-2004, entitled “A Local Law to Provide Increases in the Compensation of Certain County Officers.” There being no one desiring to speak, the public hearing was declared closed and the meeting reconvened in regular session. APPROVAL OF MINUTES: The Board meeting Solid Waste Local Law were approved on a Legislator Sherman and

minutes of September 13 and 27, 2004 and the Public Hearing minutes of September 27, 2004 motion by Legislator Dibble, seconded by carried.

PRIVILEGE OF THE FLOOR: Chairman James G. Palmer took the floor to announce the newly instituted Employee of the Month Recognition Program. Chairman Palmer presented a certificate to the November 2004 Employee of the Month Sherry L. Guinnip, Office for the Aging employee, to recognize her hard work and dedication to the County. Chairman Palmer recognized Gretchen Szucs for her recent honor of being chosen as the first annual Recycler of the Year, awarded by the New York State Association for Reduction, Reuse and Recycling, Inc. Ms. Szucs has extended her recycling program in many ways, leveraging limited financial and staff resources to bring comprehensive information to Allegany County residents, schools and businesses. Chairman Palmer granted privilege of the floor to Susan Myers, District II Legislator, who introduced Carolyn Sherman and Joyce Raymond of the Little Genesee Quilters. Together they displayed the Bicentennial Quilt, “Floral Treasures of Allegany County,” designed, assembled, and quilted by the group as a fundraiser for the 2006 County Bicentennial Celebration. The quilt will be displayed throughout the County with the winner to be drawn at the end of the 2005 Allegany County Fair. Chairman Palmer granted privilege of the floor to Alan Burdick, owner of a Bed & Breakfast establishment in Alfred. Mr. Burdick addressed the Board regarding the Hotel/Motel Occupancy Tax and the upcoming introduction of a local law repealing the 2003 local law that established the tax. He encouraged the Board to rescind the bed tax, as it is not conducive to drawing in tourists who also contribute to the economy of the County. Chairman Palmer also granted privilege of the floor to Chark Patel, owner of the Economy Inn in Alfred, who spoke in favor of eliminating the bed tax. Mr. Patel stated that customers just look at the bottom line, so to keep the rates level after the new tax was instituted last year, Mr. Patel’s Inn had to lower its prices. He feels they’re losing around $14,000 annually and a small business owner just can’t afford that.

184 LEGISLATORS’ PROCEEDINGS

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. A Certificate of Withdrawal of Delinquent Tax Lien was filed on October 13, 2004 by the County Treasurer in the Clerk of the Board’s Office for property in the Town of Burns pursuant to Article 11 of the NYS Real Property Tax Law. INTRODUCTION OF LEGISLATION: Legislator Heineman introduced Local Law Intro. No. 7-2004, Print No. 1, entitled “A Local Law Repealing Local Law No. 3 of 2003 Imposing a Tax on the Occupancy of Hotel or Motel Rooms,” a copy of said Local Law having been placed on each legislator’s desk. RESOLUTIONS: A motion was made by Legislator Burdick and seconded by Legislator Myers to refer to Ways and Means Committee Resolution Intro. No. 220-04 (Resolution Setting Date of Public Hearing on a Local Law Repealing Local Law No. 3 of 2003 Imposing a Tax on the Occupancy of Hotel or Motel Rooms). The motion was defeated on a roll call vote of 3 Ayes, 11 Noes, 1 Absent. Voting No: Bennett, Crandall, Dibble, Heineman, Nielsen, Palmer, Reynolds, Russo, Sherman, Sobeck, Truax. Absent: Graffrath. Resolution Intro. No. 220-04 (Resolution Setting Date of Public Hearing on a Local Law Repealing Local Law No. 3 of 2003 Imposing a Tax on the Occupancy of Hotel or Motel Rooms) was DEFEATED on a roll call vote of 6 Ayes, 8 Noes, 1 Absent. Voting No: Bennett, Burdick, Crandall, Dibble, Nielsen, Palmer, Regan, Sherman. Absent: Graffrath. RESOLUTION NO. 200-04 BOND RESOLUTION DATED OCTOBER 25, 2004 A RESOLUTION APPROVING THE ISSUANCE OF CERTAIN BONDS BY ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO FINANCE A CERTAIN CIVIC FACILITY PROJECT FOR HOUGHTON COLLEGE Offered by:

Planning and Development and Finance Committees

BE IT ENACTED by the Board of Legislators of Allegany County, as follows: WHEREAS, pursuant to Article 18-A of the General Municipal Law of the State of New York and Chapter 99 of the 1973 Laws of New York, as amended, constituting Section 906-a of said General Municipal Law (collectively, the “Act”), the Board of Legislators of Allegany County (the “Board of Legislators”) has heretofore appointed the members of Allegany County Industrial Development Agency (the “Issuer”) and has duly caused to be filed in the office of the Secretary of the State of New York the certificates required by Section 856 of the General Municipal Law of the State of New York; and WHEREAS, to accomplish its stated purposes, the Issuer is authorized and empowered under the Act to issue its revenue bonds to finance the cost of acquisition, construction and installation of one or more “projects” (as defined in the Act), to acquire, construct and install said projects or to cause said projects to be acquired, constructed and installed, and to convey said projects or to lease said projects with the obligation to purchase; and

185 LEGISLATORS’ PROCEEDINGS WHEREAS, Houghton College (the “College”) has presented an application (as supplemented by a request to add certain additional properties, the “Application”) to the Issuer, requesting that the Issuer consider undertaking a project (the “Project”) consisting of the following: (A) (1) the acquisition of various interests (collectively, the “Existing Land”) relating to the existing approximately 1400 acre campus operated by the College and located at 1 Willard Avenue in the Town of Caneadea, Allegany County, New York (the “Campus”), together with the various buildings and improvements located thereon (collectively, the “Existing Facility”) and certain existing machinery and equipment located thereon and therein (the “Existing Equipment”), (2) the acquisition from Houghton Academy (the “Academy”), an entity related to the College, or others, of additional parcels of land located near the Campus in the Town of Caneadea, Allegany, New York (the “New Land”), together with the various buildings and improvements located thereon (the “New Facility”), (3) the construction and/or reconstruction and renovation of the New Facility, (4) the acquisition and installation therein and thereon of various machinery and equipment (the “New Equipment”), (5) the possible acquisition from the Academy of an additional parcel or parcels of land located in the Town of Angelica, Allegany, New York (the “Angelica Land”) (the Existing Land, the New Land and the Angelica Land being hereinafter collectively referred to as the “Land”), together with the various buildings and improvements located thereon (the “Existing Angelica Facility”) and certain existing machinery and equipment located thereon and therein (the “Existing Angelica Equipment”), (6) in the event of the acquisition of the Angelica Land, the construction on the Angelica Land of certain new facilities (the “New Angelica Facility”) (the Existing Facility, the New Facility, the Existing Angelica Facility and the New Angelica Facility being hereinafter collectively referred to as the “Facility”), (7) in the event of the acquisition of the Angelica Land, the acquisition and installation in the Existing Angelica Facility and the New Angelica Facility and/or on the Angelica Land of various machinery and equipment (the “New Angelica Equipment”) (the Existing Equipment, the New Equipment, the Existing Angelica Equipment and the New Angelica Equipment being hereinafter collectively referred to as the “Equipment”) (the Land, the Facility and the Equipment hereinafter collectively referred to as the “Project Facility”) and (8) the refinancing of certain existing indebtedness incurred by the College or entities related to the College in connection with the acquisition, construction, reconstruction, upgrading, renovation and equipping of various portions of the Land, the Facility and the Equipment, all of the foregoing to constitute the reconstruction, renovation, financing and/or refinancing of the Project Facility for use by the College and the Academy as an educational facility and other directly and indirectly related activities; (B) the financing of all or a portion of the costs of the foregoing by the issuance of its civic facility revenue bonds in one or more issues or series in an aggregate principal amount not to exceed $10,000,000 (the “Obligations”); (C) the granting of certain “financial assistance” (within the meaning of Section 854(14) of the General Municipal Law of the State of New York (the “Act”) with respect to the foregoing, including exemption from certain sales taxes, deed transfer taxes and mortgage recording taxes (collectively with the Obligations, the “Financial Assistance”); and (D) the lease (with an obligation to purchase) or sale of the Project Facility to the College or such other person as may be designated by the College and agreed upon by the Issuer; and WHEREAS, the College has requested that interest on the Obligations be treated by the federal government as excludable from gross income for federal income tax purposes pursuant to Section 103

186 LEGISLATORS’ PROCEEDINGS and Section 145(a) of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the Board of Legislators has been advised by the Issuer that the Issuer proposes to issue, subsequent to the adoption of this resolution, the Obligations from time to time in a principal amount sufficient to fund all or a portion of the costs of the Project; and WHEREAS, interest on the Obligations will not be excludable from gross income for federal income tax purposes unless, among other things, pursuant to Section 147(f) of the Code, the issuance of the Obligations is approved by the “applicable elected representative” of Allegany County, New York after the Issuer has held a public hearing on the nature and location of the Project Facility and the issuance of the Obligations; and WHEREAS, pursuant to the authorization contained in a resolution adopted by the members of the Issuer on September 16, 2004 (the “Public Hearing Resolution”), the Executive Director of the Issuer (A) caused notice of a public hearing of the Issuer (the “Public Hearing”) pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), to hear all persons interested in the Project and the Financial Assistance being contemplated by the Issuer with respect to the Project, to be published on September 24, 2004 in the Wellsville Daily Reporter, a newspaper of general circulation available to the residents of Allegany County, New York, (B) conducted the Public Hearing on October 20, 2004, at 2:00 o’clock, p.m., local time at the Caneadea Town Hall, Route 19, in Allegany County, New York, and (C) prepared a report of the Public Hearing (the “Report”) which fairly summarized the views presented at said Public Hearing and distributed same to the Board of Legislators of Allegany County (the “Board of Legislators”); and WHEREAS, pursuant to Section 147(f) of the Code, the Board of Legislators desires to allow the interest on the Obligations to be exempt from federal income taxation; and WHEREAS, Section 870 of the General Municipal Law of the State of New York specifically provides that neither the Obligations nor any other obligation of the Issuer shall be a debt of Allegany County, New York, nor shall Allegany County, New York be liable thereon; NOW, THEREFORE, BE IT RESOLVED, that, for the sole purpose of qualifying the interest payable on the Obligations for exclusion from federal income taxation pursuant to the provisions of the Code, the Board of Legislators, as the elected legislative body of Allegany County, New York, hereby approves the issuance by the Issuer of the Obligations, provided that the Obligations, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State of New York, Allegany County, New York or any political subdivision thereof (other than the Issuer), and neither the State of New York, Allegany County, New York nor any political subdivision thereof (other than the Issuer) shall be liable thereon, and be it further RESOLVED, that this Resolution shall take effect immediately. Moved by: Mrs. Myers Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

187 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 201-04 REAPPOINTMENT OF COMMISSIONER OF ELECTIONS Offered by:

Personnel Committee

Pursuant to Election Law §§ 3-202, 3-204 WHEREAS, the Chairman of the Allegany County Republican Committee has filed with the Clerk of this Board, a certificate in accordance with Election Law § 3-204 that recommends the reappointment of James Gallman to the office of Commissioner of Elections, and WHEREAS, the Personnel Committee has determined that James Gallman is qualified to hold such office, now, therefore, be it RESOLVED: 1. That James Gallman is reappointed Commissioner Elections with term of office commencing January 1, 2005, expiring December 31, 2008. Moved by: Mr. Russo Seconded by: Mr. Truax

of and

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 202-04 CANCELLATION OF 2002 DELINQUENT TAX LIENS AND DETERMINATION OF NO PRACTICAL METHOD TO ENFORCE DELINQUENT TAX LIENS ARISING THEREAFTER AND DIRECTING COUNTY TREASURER TO ISSUE CERTIFICATE OF CANCELLATION AND PROSPECTIVE CANCELLATION, IN RELATION TO A CERTAIN TAX PARCEL Offered by:

Ways and Means Committee

WHEREAS, the County Treasurer has withdrawn a certain parcel of real property from a foreclosure proceeding under Article 11 of the Real Property Tax Law for the reason that the tax on such parcel has been canceled or is subject to cancellation pursuant to Section 558 of the Real Property Tax Law, and WHEREAS, the Ways and Means Committee recommends that this Board determine that there is no practical method to enforce the collection of the 2002 delinquent tax liens and those liens arising thereafter and that supplementary proceedings to enforce the collection of such existing taxes would not be effective against such parcel, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators does determine that there is no practical method to enforce the collection of the 2002 delinquent tax liens and that supplementary proceedings to enforce the collection of such taxes would not be effective, against the following parcel: Town Genesee

Owner County of Allegany Formerly Desert Gas Exploration

Tax Map Number 188.-1-946

and that such delinquent tax liens are cancelled. 2. That the Allegany County Board of Legislators does determine that there is no practical method to enforce the

188 LEGISLATORS’ PROCEEDINGS collection of delinquent tax liens arising thereafter against such parcel. 3. That the County Treasurer, as enforcing officer, is directed to issue a certificate of cancellation for such parcel and to file a copy of such certificate in the County Clerk's Office and a certificate of prospective cancellation for such parcel and to file a copy of such certificate with the assessor of the assessing unit in which such parcel is located and with the County Director of Real Property Tax Services. 4. That upon such respective filings the parcel shall thereby become exempt from taxation and shall remain exempt until the Allegany County Board of Legislators determines that such parcel should be restored to the taxable portion of the assessment roll. 5. That the Clerk of this Board is directed to file a copy of this resolution with the Allegany County Treasurer as enforcement officer. Moved by: Mr. Nielsen Seconded by: Mr. Crandall

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 203-04 A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2004 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED WITH REGARD TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN; DIRECTING MAILING OF NOTICES OF APPROVAL OF APPLICATIONS FOR CORRECTED TAX ROLLS AND ORDERING THE VARIOUS TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS; PROVIDING FOR CHARGE BACKS OR CREDITS Offered by:

Ways and Means Committee

Pursuant to Real Property Tax Law § 554 WHEREAS, applications, for the taxpayers hereafter described, have been made to the County's Director of Real Property Tax Service Agency, for the correction of certain errors affecting their real property on various tax rolls, and WHEREAS, the Director has transmitted to this Board the applications, in duplicate, together with a written report of his investigation of the claimed errors and his written recommendation for action thereon by this Board as to each application, and WHEREAS, this Board has examined each application and report to determine whether the claimed error exists, now, therefore, be it RESOLVED: 1. That with regard to the applications for the named taxpayers pertaining to claimed errors regarding their real property on the respective tax rolls of the named Towns, this Board of Legislators does determine that the claimed errors as alleged in those applications exist and does approve those applications. 2. That the Chairman of this Board is authorized and directed to make a notation on those applications and the duplicates thereof that they are approved, to enter thereon the respective correct extension of taxes as set forth by the Director in his report, to enter thereon the respective date of mailing of a notice of approval, to enter thereon the date of mailing of a certified copy of this resolution to the proper Tax Collector, and to sign thereon as Chairman.

189 LEGISLATORS’ PROCEEDINGS

3. That the Clerk of this Board is directed to mail to the below listed taxpayer a notice of approval stating, in substance, that their application made has been approved, to inform the Chairman of this Board of the date of the mailing thereof, and to inform such respective taxpayers of the applicable provisions of subdivision seven of section 554 of the Real Property Tax Law. 4. That the Tax Collector of the Town of Andover is ordered and directed to correct in the 2004 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a.

Lee, Gregory; Parcel 216.-1-942.2 Assessment: Land $100 Total $49,000

by deleting such Parcel from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: Allegany County Medicaid Town of Andover Andover Fire School Relevy Total

$335.56 315.57 456.10 42.44 1,534.94 2,684.61

5. That the Clerk of this Board is directed to forthwith mail a certified copy of this resolution to the various Tax Collectors for the Towns stated above together with the original copies of those applications completed in accordance with section two of this resolution. 6. The Clerk of this Board shall mail a copy of this resolution to the above named School and the amount to be charged to each School shall not be charged until 10 days after such mailing. Such amount shall be deducted by the County Treasurer from the money payable to each School as a result of school taxes returned after the date such amount is charged and which shall be paid to each School after May 1, 2005. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2005. Moved by: Mr. Nielsen Seconded by: Mr. Truax

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Regarding Resolution No. 203-04, the tax roll correction for paragraph 4.a. above is required because the parcel was combined with another parcel and should not have received a tax bill.) RESOLUTION NO. 204-04 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO CLERK, LEGISLATIVE BOARD CONTRACTUAL EXPENSES ACCOUNT Offered by:

Ways and Means and Finance Committees

RESOLVED: 1. That the sum of $1,300 is transferred from Account No. A1990.4 (Contingency) to Account No. A1040.424 (Legal Advertising) to cover the estimated overage in this account. Moved by: Mr. Nielsen Seconded by: Mr. Crandall

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

190 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 205-04 TRANSFER OF FUNDS WITHIN LAW ENFORCEMENT APPROPRIATION ACCOUNTS Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That the following transfers in the amount of $13,180 are approved: From: A3110.4.03 A3110.4.25 A3110.4.47 A3150.4.25 A3150.4.25

To: A3110.2.08 A3110.2.04 A3110.2.04 A3110.2.08 A3110.2.04

Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Amount: $1,000 6,000 1,000 580 4,600 Adopted: Roll Call 12 Ayes, 2 Noes, 1 Absent Voting No: Russo, Sobeck

RESOLUTION NO. 206-04 ACCEPTANCE OF DONATION FROM THE ALLEGANY COUNTY UNITED WAY, INC. AND APPROPRIATION OF SAME TO YOUTH COURT ACCOUNT Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That the sum of $250 offered by the Allegany County United Way, Inc., to help fund the Allegany County Youth Court, is accepted, and appropriated to Account No. A7321.4 with a like sum credited to Revenue Account No. A08.2705.3825. Moved by: Mr. Russo Seconded by: Mr. Heineman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 207-04 AUTHORIZING EXECUTION OF CORRECTIVE DEED TO WESTERN NEW YORK DISTRICT OF THE WESLEYAN CHURCH, INC.; AUTHORIZING CHAIRMAN TO EXECUTE DEED Offered by:

Facilities Planning and Management Committee

WHEREAS, by Resolution No. 174-04 this Board authorized the conveyance and sale of certain former road right-of-way in the Town of Burns to the Western New York District of the Wesleyan Church, Inc., and WHEREAS, subsequent to the conveyance of such property it was determined that the description of the property omitted part of the property to be conveyed, now, therefore, be it RESOLVED: 1. That this Board authorizes the execution and delivery of a corrective deed to the Western New York District of the Wesleyan Church, Inc. to contain the omitted parcel not previously conveyed. No.

2. That in addition to the premises described in Resolution 174-04 the corrective deed shall also convey the following

191 LEGISLATORS’ PROCEEDINGS described premises in the Town of Burns, County of Allegany and State of New York bounded and described as follows: All that piece or parcel of property delineated above as Parcel No. 158, being a portion of Section 35.00 Block 1 Lot (no number) of the official tax map, situate in the Town of Burns, County of Allegany, State of New York designated as Parcel No. 158 on this Map No. 116C and described as follows: PARCEL NO. 158 Beginning at a point on the northerly highway boundary of the existing State Highway 1366 VanScoter Corners – Canaseraga – Garwoods, as delineated on Map No. 3, a copy of which is on file in the New York State Department of Transportation Office in Hornell, for the acquisition, by Allegany County, of property for the improving of the VanScoters Corners – Canaseraga Village – Garwoods, County Highway No. 1366, at the intersection with the division line between the property of Judy Kuhn (reputed owner) on the west and the property of Western New York District, Inc., of the Wesleyan Church (reputed owner) on the east, said point being 123.00 feet northerly, measured at right angles, from station 7+54.97 of the hereinafter described 2000 Survey Baseline for the disposal of a portion of said State Highway under New York State Department of Transportation Surplus Property Case #06-III-226; thence along said highway boundary, being northerly lines at said Map No. 3, the following two (2) courses; 1) North 82 15/64º 39’ 00” East a distance of 97.92 feet to an angle point being 112.07 feet northerly, measured at right angles, from station 8+52.28 of said Baseline; and 2) South 76º 13’ 28” East a distance of 118.72 feet to the southeasterly corner of said Map No. 3 being 57.19 feet northerly, measured at right angles, from station 9+57.55 of said Baseline; thence through the property of said State Highway and along the southerly boundary of said Map No. 3 the following four (4) courses; 1) North 80º 08’ 21” West a distance of 59.94 feet to a point being 81.20 feet northerly, measured at right angles, from station 9+02.64 of said Baseline; 2) South 89º 14’ 57” West a distance of 49.85 feet to a point being 92.42 feet northerly, measured at right angles, from station 8+54.06 of said Baseline; 3) South 87º 03’ 02” West a distance of 51.41 feet to a point being 102.07 feet northerly, measured at right angles, from station 8+03.56 of said Baseline; and 4) South 88º 32’ 02” West a distance of 52.37 feet to a point being 113.22 feet northerly, measured at right angles from station 7+52.39 of said Baseline; thence, continuing through the property of said State Highway and through said Map No. 3, North 00º 58’ 48” East a distance of 10.12 feet to the point of beginning; being 2215.4 square feet plus or minus. Being a portion of the property to be acquired by Allegany County by virtue of Map No. 3, completed March 10, 1916, for improving the VanScoters Corners-Canaseraga Village-Garwoods County Highway No. 1366, a copy of which is on file in the Office of the New York State Department of Transportation at Hornell, NY. Subject to the easement, rights of others as their interests may appear affecting the area shown on this map. The New Highway Boundary being a combination of the seventh course, Parcel No. 158 of this Map No. 116C and the sixth, seventh and eight courses of Parcel No. 159 of Map 117A, being the following three (3) courses described as: Beginning at a point being on the northerly highway boundary of the existing State Highway 1366 being 123.00 feet northerly, measured at right angles, from station 7+54.97 of the 2000 Survey

192 LEGISLATORS’ PROCEEDINGS Baseline; thence, South 00º 58’ 48” West a distance of 40.00 feet to a point being 84.32 feet northerly, measured at right angles, from station 7+44.79 of said Baseline; thence, North 85º 05’ 48” East a distance of 216.41 feet to a point being 51.00 feet northerly, measured at right angles, from station 9+58.62 of said Baseline; thence, South 84º 42’ 52” East a distance of 33.80 feet to another point on the northerly highway boundary of said State Highway, being 39.97 feet northerly, measured at right angles, from station 9+90.57 of said Baseline. The referenced survey baseline is the 2000 Survey Baseline for the disposal of a portion of State Highway 1366, under the New York State Department of Transportation Surplus Property Case #06-III226, as shown on this Map No. 116C and on file in the Office of the New York State Department of Transportation in Hornell and described as follows: Beginning at Station 0+00.00; thence, North 76º 14’ 23” East to Station 10+57.16; thence, South 73º 08’ 17” East to Station 23+63.50. All bearings are referred to GRID North, Central Zone of the New York State Plane Coordinate System, North American Datum 1983 (NAD ’83). 3. The Chairman of this Board is authorized to execute and deliver a quit claim deed for said premises. Moved by: Mr. Bennett Seconded by: Mr. Reynolds

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 208-04 APPROVING AGREEMENT BETWEEN COUNTY OF ALLEGANY AND LABELLA ASSOCIATES, P.C. FOR ENGINEERING SERVICES FOR EXTENSION OF WATER MAIN TO NEW JAIL AND PUBLIC SAFETY COMPLEX Offered by:

Facilities Planning and Management Committee

RESOLVED: 1. That the Agreement between the County of Allegany and LaBella Associates, P.C. for engineering services for the extension of a water main to the new county jail and public safety complex in the Town of Amity is approved. 2. The Chairman of this Board is authorized to execute the Agreement. Moved by: Mr. Bennett Seconded by: Mrs. Myers

Adopted: Roll Call 11 Ayes, 3 Noes, 1 Absent Voting No: Russo, Sobeck, Truax

(Memo: Regarding Resolution No. 208-04, the fees for the contracted services shall not exceed $32,700 and will be paid through the Jail Capital Fund account.) Resolution Intro. No. 230-04 (Resolution Setting Date of Public Hearing on 2005 County Tentative Budget and Providing Contents of Such Notice) was not pre-filed and was considered from the floor on a motion made by Legislator Crandall, seconded by Legislator Bennett and carried.

193 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 209-04 RESOLUTION SETTING DATE OF PUBLIC HEARING ON 2005 COUNTY TENTATIVE BUDGET AND PROVIDING CONTENTS OF SUCH NOTICE Offered by:

Finance Committee

WHEREAS, the 2005 County Tentative Budget has been presented to this Board together with a copy of the proposed appropriation resolution, and WHEREAS, it is necessary to hold a public hearing on the Budget before any further action can be taken on the Budget and on the appropriation resolution, and WHEREAS, it is necessary to provide notice to the public of such public hearing and to also include in such notice or in a separate notice published in the same manner and at the same time as such notice of public hearing, a statement of the maximum salary that may be fixed and payable during the year 2005 to the members of the County Board of Legislators and to its officers, now, therefore, be it RESOLVED: 1. That a public hearing on the 2005 County Tentative Budget shall be held in the Legislators' Chambers, Room 221, at the County Office Building, Belmont, New York, at 7:00 P.M. on November 10, 2004. 2. That the notice of public hearing shall include a statement that the 2005 maximum salary for members of the Board of Legislators and the maximum salary that may be fixed and payable during fiscal year 2005 to the Majority Leader, Minority Leader and Board Chairman, are as follows: Members of the Board of Legislators Chairman of the Board of Legislators Majority Leader of Board Minority Leader of Board Moved by: Mr. Crandall Seconded by: Mr. Bennett

$8,500. $8,500. $300. $300.

annual annual annual annual

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Nielsen, seconded by Legislator Bennett and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims be approved for payment as recommended by the County Administrator. The meeting was adjourned. --------

194 LEGISLATORS’ PROCEEDINGS November 8, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Truax. Roll Call:

All present.

PRIVILEGE OF THE FLOOR: Chairman Palmer granted privilege of the floor to Scott Spillane, Veterans’ Service Agency Director, to honor the late Howard Fay, World War I Veteran. Mr. Spillane presented his daughter, Phyllis Fay Young of Scio, with the Purple Heart and WWI Victory Medal, awarded posthumously to Howard Fay for injuries sustained in valorous action during June and July of 1918 in France. Mrs. Young was accompanied by Deborah Aumick and Joel Buchanan (Mr. Fay’s granddaughter and great-grandson respectively). Chairman Palmer presented certificates of appreciation in recognition of 30 years of service to Allegany County. The following four employees were honored: Patricia Schmelzer, Department of Social Services; Patricia Hurd, Department of Social Services; Lloyd Paul Fuller, Employment and Training Center; and Steven Cummings, Department of Public Works. (Mr. Fuller and Mr. Cummings were not present to receive their certificates.) Privilege of the floor was also granted to Kelly Beil, Family Development Division Director for ACCORD. Ms. Beil noted that the third week in November is being set aside to raise awareness of hunger and homelessness. ACCORD facilitates a consortium of area agencies serving approximately 250 homeless individuals in Allegany County. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the Board meeting minutes of October 12 and 25, 2004 for review. 2. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of October 2004. 3. Also placed on each legislator’s desk was a copy of the Report of Tax Bill Corrections approved by the County Administrator for the month of October 2004. 4. A Certificate of Withdrawal of Delinquent Tax Lien was filed on November 4, 2004 by the County Treasurer in the Clerk of the Board’s Office for property in the Town of Andover pursuant to Article 11 of the NYS Real Property Tax Law. 5. Notice was received of the American Red Cross Ribbon Cutting and Open House to be held on December 2 from 5:00 to 7:00 p.m. at 112 North Main Street in Wellsville. 6. Notice was received in the Clerk of the Board’s Office of the next Inter-County Association meeting to be hosted by Chemung County on November 19 at the Wings of Eagles Museum in Horseheads.

195 LEGISLATORS’ PROCEEDINGS 7. A media release was received from Southern Tier West Regional Planning and Development Board highlighting their October board meeting. PROCLAMATION: The Clerk of the Board announced that Chairman Palmer is proclaiming the week of November 14 as Hunger and Homelessness Prevention Week in Allegany County. Chairman Palmer urged all citizens to learn about programs sponsored by the Allegany County Homelessness Prevention Consortium and commended the consortium for their work toward improving resources to address homelessness in our community. RESOLUTIONS: RESOLUTION NO. 210-04 AUTHORIZING CHAIRMAN TO CONTINUE DISCUSSIONS WITH JAMESTOWN COMMUNITY COLLEGE TO DETERMINE FEASIBILITY OF ESTABLISHMENT OF AN EXTENSION SITE IN ALLEGANY COUNTY Offered by:

Legislator James G. Palmer

WHEREAS, there is no Community College located within Allegany County, and WHEREAS, it is the desire of this Board to continue to help provide the citizens of Allegany County with quality and diverse educational opportunities and to encourage development of such opportunities within the County, and WHEREAS, a significant number of Allegany County residents who attend a community college attend Jamestown Community College, and WHEREAS, Jamestown Community College provides unique educational programs, services and opportunities which are not currently available within the County at the other universities and colleges located in the County, and WHEREAS, this Board believes that the enhancement of educational resources within the County is an important factor in encouraging economic development in the County and in helping to provide the youth of the County with educational choices which will allow them to remain in the County, now, therefore, be it RESOLVED: 1. That this Board hereby authorizes the Chairman of this Board together with any other Legislators or individuals selected by the Chairman to continue discussions with Jamestown Community College in order to determine the feasibility of the establishment of an extension site of Jamestown Community College within the County. Moved by: Mr. Dibble Seconded by: Mrs. Myers

Adopted: Roll Call 13 Ayes, 2 Noes, 0 Absent Voting No: Russo, Sobeck

196 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 211-04 ADOPTION OF LOCAL LAW INTRO. NO. 4-2004, PRINT NO. 1, IN RELATION TO A LOCAL LAW OF THE COUNTY OF ALLEGANY TO PROVIDE AN ORDERLY PROGRAM FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE AND RECYCLABLES IN ORDER TO PROMOTE THE SAFETY, HEALTH, WELFARE AND CONVENIENCE OF THE CITIZENS OF ALLEGANY COUNTY, AND TO PROHIBIT RANDOM REFUSE DISPOSAL AND LITTERING ALONG PUBLIC HIGHWAYS AND ROADS, AND IN FURTHERANCE OF THE LEGISLATIVE FINDINGS SET FORTH BELOW, AND TO REPEAL LOCAL LAW NO. 2 OF THE YEAR 2000, AS AMENDED Offered by:

Public Works Committee

RESOLVED: 1. That proposed Local Law, Intro. No. 4-2004, Print 1, is adopted as follows, to wit: Intro. No. 4-2004

COUNTY OF ALLEGANY

Print No. 1

A LOCAL LAW OF THE COUNTY OF ALLEGANY TO PROVIDE AN ORDERLY PROGRAM FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE AND RECYCLABLES IN ORDER TO PROMOTE THE SAFETY, HEALTH, WELFARE AND CONVENIENCE OF THE CITIZENS OF ALLEGANY COUNTY, AND TO PROHIBIT RANDOM REFUSE DISPOSAL AND LITTERING ALONG PUBLIC HIGHWAYS AND ROADS, AND IN FURTHERANCE OF THE LEGISLATIVE FINDINGS SET FORTH BELOW, AND TO REPEAL LOCAL LAW NO. 2 OF THE YEAR 2000, AS AMENDED BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows: SECTION 1.

LEGISLATIVE FINDINGS.

The Board of Legislators of Allegany County, upon consideration and in support of the adoption of this local law, hereby finds and declares: The safe and proper disposal of the solid wastes generated by the people of the County of Allegany has long been and remains a matter of serious public concern. In the mid-1960’s the Allegany County Board of Supervisors began the county-wide examination of the problems associated with solid waste disposal in the County of Allegany. In 1969 the Board of Supervisors authorized the Allegany County Planning Board to jointly apply with Steuben County for funds from the New York State Department of Health to conduct a solid waste disposal study. A Steuben-Allegany County Solid Waste Study Committee was created by the legislatures of Allegany and Steuben Counties to carry out the study. That committee reported to the Allegany County Board of Legislators (successor to the Board of Supervisors) in 1972 and recommended a centralized county landfill as part of an integrated solid waste disposal system. At the time of this recommendation and during the preceding decades, each town and/or village in the County provided, either individually or in concert with other town or village governments, a dump or incinerator for use by local residents and businesses as a traditional government service. The growing concerns regarding the operational safety of these facilities and the increased public awareness of adverse and environmental impacts caused by the operation of these dumps and the incinerator together with the potential for public health problems associated with these types of locally provided disposal sites prompted this county-wide action. In 1973 the Board of Legislators created a Solid Waste Advisory Committee to implement the recommendations of the Steuben-Allegany County Solid Waste Study. The Advisory Committee held a public

197 LEGISLATORS’ PROCEEDINGS informational meeting in order to educate the public about the issues regarding solid waste disposal confronting the entire County and to acquire additional information from citizens and town and village officials. Engineering services for solid waste disposal were subsequently approved and contracted for by the Board of Legislators. In September 1973 the Board received a report of a helicopter over flight of 14 of the County’s municipal landfills and the conditions of each landfill. The County instituted a solid waste pilot project in the Town of Willing in November 1973. This pilot project consisted of the placement on County property of solid waste disposal containers for use by the public and the disposal of the solid waste by the County. This pilot project was continued through 1974. In October 1974 the Board of Legislators received the summary report of the Consolidated Solid Waste Disposal Study from the Solid Waste Advisory Committee. The study recommended the construction of a single County solid waste landfill to replace the municipal landfills. In late 1974 and into 1975 a series of meetings were held throughout the County to discuss the proposed County landfill. The Board of Legislators received numerous resolutions and correspondence from towns and villages both in favor of and opposing a single County owned and operated landfill. In March 1975 a resolution to approve a single landfill solid waste disposal system was defeated by the Board. In May 1975 a resolution of intent to provide a system of solid waste disposal for the County was adopted and a special Solid Waste Committee of the Board of Legislators was established. The Solid Waste Advisory Committee created in 1973 was abolished by this resolution. In August 1975 the Solid Waste Committee reported to the Board of Legislators its determination that a single landfill system was considered the most practical and economical method for the safe disposal of solid waste in the County. The jurisdiction over solid waste matters was subsequently placed in the Historical and Planning Committee of the Board. The Board thereupon began a process of considering sites for a landfill and exploring alternative systems for the disposal of solid waste. In 1977 the Board adopted a local law pursuant to Article 8 of the Environmental Conservation Law providing for the environmental quality review of proposed actions that may have a significant effect on the environment. In 1978 the Board considered the advisability of participating in the proposed Cuba Cheese Refuse to Energy Project under consideration by Cattaraugus County. In February 1980 a capital fund was established by the Board in the amount of $600,988 for the Allegany County Solid Waste Program. That year also saw the purchase of County vehicles for trucking solid waste and the authorization of the expenditure of 1.25 million dollars for countywide solid waste disposal. In 1980 a contract was entered into by the County with the County of Cattaraugus to supply solid waste to the Cuba Cheese Refuse to Energy Program. In 1980 and 1981 the Board of Legislators received engineering reports recommending the establishment of a system of County solid waste transfer stations for the collection of solid waste and directed the preparation of a Draft Environmental Impact Statement (DEIS) in relation to a proposed Allegany County Transfer Station System. In September 1981 the Board of Legislators created the Allegany County Department of Public Works and assigned solid waste responsibilities to that Department. On September 28, 1981 the Board adopted a resolution finding that the DEIS for the Allegany County Transfer Station System was complete and authorized the Clerk of the Board to file a notice of completion. A public hearing was held on the DEIS on October 26, 1981.

198 LEGISLATORS’ PROCEEDINGS

From March 1981 through November 1981 the Board secured options for the purchase of real property for the location and construction of the Solid Waste Transfer Station System. In February 1982 the final Environmental Impact Statement for a Solid Waste Transfer Station System was completed and found satisfactory. On August 9, 1982 a resolution was adopted to continue with the development of seven solid waste transfer station sites within the County. Subsequently contracts for construction of those sites and for securing equipment were approved and executed. Construction of the transfer stations began in August 1982. In November 1982 the Board of Legislators approved an agreement between the County and Environmental Consultants, Inc. in regard to a proposed solid waste landfill in Allegany County. In March 1983 transfer stations in the Towns of Caneadea, Canaseraga, Cuba/Friendship, Angelica, Alfred, and Bolivar were opened for operation. The transfer station in Wellsville opened on June 1, 1983. Pursuant to its agreement with Cattaraugus County, the Allegany County Department of Public Works delivered over 12,000 tons of solid waste to the Cuba refuse to energy incinerator during 1983. Additionally, 10,000 tons of solid waste was disposed of by the County at a private landfill. In 1984 the Board of Legislators authorized the original improvement of a refuse disposal area designated for the location of a sanitary landfill at a maximum estimated cost of $972,000. The Department of Public Works began selling recyclable materials collected as part of the solid waste disposal process pursuant to a June 1984 resolution of the Board of Legislators. A DEIS for the proposed Allegany County Landfill was delivered to the Legislators in November 1984. In December 1984 the Board of Legislators adopted a resolution approving the continuance of the development and operation of a proposed County owned landfill subject to the acquisition of real property. On December 21, 1984 the Board of Legislators resolved to exercise options to purchase property in the Town of Angelica from several owners as a site for the construction of a County landfill. In 1984 the County delivered 17,826 tons of Allegany County solid waste to the Cuba incinerator. The County also delivered 13,200 tons to a private landfill for disposal. In addition, 1984 saw the enactment of the statewide bottle return bill and increased recycling efforts within the County. In 1985 construction of the County Landfill in the Town of Angelica was commenced. The County Landfill opened on September 23, 1987 and began accepting solid waste. Additionally, during that year the position of Recycling Coordinator was created in the Public Works Department. A voluntary recycling program was instituted and commenced in 1989 with a mandatory program implemented in 1990. In 1987 through 1989 the County Landfill disposed of increasing tonnages of solid waste and the separation and sale of increasing amounts of recyclable materials. In 1988 and 1989 educational programs by the Department of Public Works concerning Solid Waste Management were initiated by the County. In addition, the related issue of the disposal of household hazardous waste was addressed through programs presented at meetings of various civic organizations and through media releases. In 1989 two new cells were constructed at the Landfill and the County Landfill took in 39,800 tons of solid waste. The County’s recycling program removed in excess of 800 tons of solid waste from the waste stream during the year 1989. 1990 saw continued educational efforts by the County

199 LEGISLATORS’ PROCEEDINGS with emphasis on all aspects of waste reduction, recycling and composting and their relationship to the overall issue of Solid Waste Management. The County conducted workshops for the public and a recycling workshop for elementary school teachers. Cell 3 of the County Landfill was completed in 1990 and the Landfill disposed of 40,800 tons of solid waste and processed and removed from the waste stream almost 1,100 tons of recyclable materials. In 1991 the County enacted Local Law No. 1 of 1991 entitled, “A Local Law in Relation to the Maintenance and Operation of Allegany County Solid Waste Management and Resource Recovery.” The local law created a comprehensive Solid Waste Management Program for Allegany County including requirements for recycling and disposal of hazardous materials. A permit system was adopted for the use of County facilities and disposal of solid waste at the transfer stations and Landfill. During the year 1991 the County also adopted a resolution opposing the construction of a proposed ash monofill by a private corporation to be located in the Town of Angelica. A private construction and demolition debris landfill opened in the County in April 1991. Cell 4 of the County Landfill, construction of a leachate storage pond and new ground water monitoring wells were begun in 1991 and completed in 1992. Over 31,400 tons of solid waste was disposed of at the County Landfill and 2,150 tons of recyclable materials were collected and removed from the waste stream in 1991. The Board of Legislators approved the construction of additional cells at the County Landfill in 1992, and in September 1992 approved the Allegany County Solid Waste Management Plan subject to the review and advice of the New York State Department of Environmental Conservation. In 1993 the County purchased additional land adjoining the Landfill in order to improve the efficiency of Landfill operations. The Allegany County Solid Waste Management Plan was officially approved by the New York State Department of Environmental Conservation and adopted by the Board of Legislators in January 1994. The Plan provided an integrated system of Solid Waste Management for the County. The remainder of the 1990’s saw the implementation of the County Solid Waste Management Plan, its updating as required by law, and the continued growth of the County recycling program. In 1998 the proposed privately owned ash monofill in the Town of Angelica (the Hyland Facility) was permitted as a solid waste disposal facility. This facility accepted and continues to accept construction and demolition debris. The vast majority of the solid waste accepted at the Hyland Facility was and is generated outside of Allegany County. By 1999 the County was processing on an annual basis over 4,000 tons of recyclable materials and continued construction of additional Landfill cells was authorized. In August 1999 the issue of whether or not to operate the Landfill as an enterprise fund was raised and referred to the Public Works Committee of the Board of Legislators. In 2000 the Board of Legislators enacted Local Law No. 2 of 2000 that made changes in the operation of the County Solid Waste Management and Resource Recovery System and repealed Local Law No. 1 of 1991. The early years of the 21st Century have seen continued growth in the operation of the County’s integrated Solid Waste Management System and the efficiency of its Recycling Program. Since the inception of the County’s Solid Waste Management Program the expenses of the disposal of solid waste and recycling have been paid for through the general tax levy. Until 2004 only a nominal fee of $10 had been charged for a permit to use the County system. In order to assist in paying for the operation of the

200 LEGISLATORS’ PROCEEDINGS Integrated Solid Waste Management System and to help reduce the tax burden, the County has entered into agreements with other municipalities and private businesses for the acceptance of solid waste generated outside of the County. Some of these materials have been used as daily cover for the Landfill thereby contributing to the economical operation of the Landfill. All of such agreements have proved to be beneficial to the County’s operation. However, concern developed regarding the resulting diminution in landfill space and the attendant decrease in probable life of the County Landfill. The general tax levy method of financing the costs of waste disposal allows tax-exempt entities to dispose of solid waste without cost. This financing method places the burden for covering the disposal expenses of those tax-exempt entities, some of which are large and produce a significant amount of waste, on the taxpayers. In 2002 and 2003 the Board of Legislators and its various committees conducted an examination of the financing of the County’s Solid Waste Operation and determined that the imposition of modest annual fees should be used to help offset disposal costs. In 2003 the Board of Legislators adopted a resolution amending the solid waste rules and regulations to provide for an annual individual user fee of $60 within the existing permit structure for the disposal of solid waste in the County’s system. Additionally, municipalities that collect and haul solid waste to be disposed of in the County system, either directly or through contract, were charged a nominal fee of $500. Large commercial solid waste collectors and haulers were charged an annual permit fee of $2,500 and smaller commercial collectors and haulers a lesser amount. The imposition of this user fee system did not pay the total cost of solid waste disposal in Allegany County and the Board continued its study and investigation into alternative methods of paying the costs of disposal of non-recyclable solid waste. This Board has thoroughly investigated the operations of the Allegany County Solid Waste System and has determined that the most equitable method of financing the disposal of solid waste for the citizens of Allegany County is a user fee for the disposal of nonrecyclable waste. While such a user fee system will not immediately pay the total cost of solid waste disposal in the County, a user fee system is a much more fair, equitable and fiscally responsible method to pay for the solid waste system than taxes, because all waste generators, including tax-exempt entities, pay based on the amount of waste they dispose of and this fee system is structured to allow the County Solid Waste System to eventually be selfsustaining. Additionally, with no fees charged for the delivery of recyclable materials to the County system, there is a financial incentive for all waste generators to lower their disposal costs. This user fee system maximizes the opportunities for environmental benefits from increased recycling and waste reduction activities, and all waste generators are equitably served when all generators deliver their wastes, both non-recyclable and recyclable, to the County’s system. However, fiscal inequity results when some waste generators or a significant number of haulers do not participate in the system. In addition, waste reduction and recycling benefits are lost when recyclable materials are commingled with non-recyclable waste for disposal at non-County facilities. The Allegany County Board of Legislators finds that additional programs and additions to the existing system of public solid waste disposal facilities will be required from time to time to implement the Solid Waste Management Program in the future. These include, but are not limited to, the necessity of periodically expanding the Landfill and other system components in order to continue to provide a local, long-term, publicly owned and operated Solid Waste

201 LEGISLATORS’ PROCEEDINGS Management System that will provide an environmentally sound and secure disposal site for non-recyclable wastes and a processing system for recyclable wastes to reliably meet the needs of future generations of residents, businesses and other local generators of solid waste; the investigation into and implementation of new and more economical and environmentally sound methodologies for the disposal of non-recyclable solid waste and the processing of recyclables as they are developed to help extend the useful life of the County Landfill; and the continued evaluation of the feasibility of recycling additional materials, as warranted by market and economic conditions. The Allegany County Board of Legislators further finds and declares that the integrated system developed pursuant to the Solid Waste Management Plan has been and continues to be intended to serve all of the waste generators in Allegany County in an environmentally sound and reliable manner, for current and future generations. That the integrated County system was not designed to dispose of large quantities of construction and demolition debris and that there currently exist in the County two permitted privately owned facilities which accept construction and demolition debris for disposal. Therefore, the amount of County-generated construction and demolition debris accepted for disposal in the County system should be subject to limitation. The system of disposal is most effective in achieving its goals, both in terms of system administration and equitable distribution of system costs, when all of the non-recyclable waste and the types and amounts of recyclable waste and construction and demolition debris designated from time to time by the County, generated in Allegany County, is directed to the County owned facilities established for the system. As a result of recent judicial action in the Federal Courts, legal uncertainty with respect to the power of municipal governments to direct the flow of waste to public facilities has been resolved. The County of Allegany is legally empowered to direct the flow of waste generated in the County to facilities constructed by the County for the disposal, recycling or other processing of solid waste. The County hereby declares it in the public interest to adopt the annexed legislation requiring the delivery of solid waste and recyclable waste generated within the County to the Allegany County Landfill or transfer stations for disposal, in order to include such waste within the integrated system, for the long term benefit of all participants of the system and the residents and taxpayers of this County. SECTION 2.

DEFINITIONS.

As used in this local law: 1. “Board of Legislators” means the Board of Legislators of the County of Allegany. 2. “Commercial Waste Collector” means a Waste Collector who engages in the collection, pickup, transfer, removal and/or disposal of Solid Waste and/or Recyclable Material and transports that Solid Waste or Recyclable Material to a Solid Waste Management Facility as a business or for compensation. 3. “Committee” means the Public Works Committee of the Board of Legislators. 4. “Commercial and Industrial Solid Waste” means Solid Waste generated by stores, offices, institutions, restaurants, warehouses, manufacturing or industrial processes in industrial facilities, nonmanufacturing processes in industrial facilities and agricultural enterprises. This term does not include oil or gas drilling,

202 LEGISLATORS’ PROCEEDINGS production, and treatment wastes (such as brines, oil and fluids); or overburden, spoil, or trailing resulting from mining; or solution mining brine and insoluble component wastes. 5. “Construction and Demolition Debris” means uncontaminated Solid Waste resulting from the construction, remodeling, repair and demolition of structures and roads; and uncontaminated solid waste consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm related cleanup. Such waste includes, but is not limited to: bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, electrical wiring and components containing no hazardous liquids, and metals that are incidental to any of the above. Solid waste that is not construction and demolition debris (even if resulting from the construction, remodeling, repair and demolition of structures and roads and land clearing) includes, but is not limited to: asbestos wastes, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, carpeting, furniture, appliances, tires, drums and containers, and fuel tanks. Specifically excluded from the definition of construction and demolition debris is Solid Waste (including what otherwise would be construction and demolition debris) resulting from any processing technique, other than that employed at a construction and demolition processing facility, that renders individual waste components unrecognizable, such as pulverizing or shredding. 6. “County Facility” means a Solid Waste Management Facility owned or operated by the County of Allegany. 7. “Department” Public Works.

means

the

Allegany

County

Department

of

8. “Person” means any individual, educational institution or other institution, group of individuals, partnership, firm, corporation, not-for-profit organization, association, state, county, city, town, village, improvement district or any other entity. 9. “Recyclable Material” means any material designated, from time to time, by the regulations adopted pursuant to this local law or the Department, which is separated from the waste stream and held for its material recycling or reuse value. 10. “Residential Waste” means Solid Waste generated from all houses, apartments, and other residential dwellings, including, but not limited to, all single family dwellings and multifamily dwellings in the County. 11. “Residential Waste Collector” means a Waste Collector who engages in the collection, pickup, transfer, removal and/or disposal of Residential Waste and/or Recyclable Material generated at the waste collector’s dwelling and transports that Residential Waste or Recyclable Material to a Solid Waste Management Facility. 12. “Resource Recovery” means the separation, extraction and recovery of usable materials, energy or heat from Solid Waste through source separation, recycling centers or other programs, projects or facilities. 13. “Solid Waste” means all putrescible and non-putrescible materials or substances discarded or rejected as being spent,

203 LEGISLATORS’ PROCEEDINGS useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water pollution control facilities, or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, such amounts and types of Construction and Demolition Debris as designated from time to time by resolution of the Board of Legislators or regulation, discarded automobiles and offal but not including sewage and other highly diluted water carried materials or substances and those in gaseous form. 14. “Solid waste generated outside of the County of Allegany” means Solid Waste created outside of the geographic boundaries of the County of Allegany. 15. “Solid Waste Hearing Board” means the Board described in SECTION 13. of this Local Law. 16. “Solid Waste Management” means the purposeful and systematic collection, pickup, transportation, removal, storage, processing, recovery and disposal of Solid Waste and Recyclable Material. 17. “Solid Waste Management Facility” means any facility employed beyond the initial Solid Waste pickup and collection process including, but not limited to, transfer stations, baling facilities, rail haul or barge haul facilities, processing systems, including recycling facilities, resource recovery facilities or other facilities for reducing Solid Waste volume, sanitary landfills, facilities for disposal of Construction and Demolition Debris, plants and facilities for compacting, composting or pyrolization of Solid Wastes, incinerators and other Solid Waste disposal, reduction or conversion facilities. 18. “Source Separation” means the segregation of Recyclable Materials from the Solid Waste stream at the point of generation for separate collection, sale or other disposition. 19. “Superintendent” means the Superintendent of Public Works of the County of Allegany. 20. “Waste Collector” means any person, including Commercial Waste Collectors and Residential Waste Collectors, so deemed by the Department engaged in the collection, pickup, transfer, removal and/or disposal of Solid Waste and/or Recyclable Material and transports that Solid Waste or Recyclable Material to a Solid Waste Management Facility. SECTION 3.

LEGISLATIVE AUTHORITY.

The Board of Legislators has the power to: 1. Formulate, adopt, promulgate, amend, modify and repeal rules and regulations in furtherance of this Local Law for controlling the storage, collection, recycling and disposal of solid waste and recyclable material in Allegany County. 2. Control the storage, collection, recycling and disposal of solid waste and recyclable material in accordance with the provisions of this Local Law, and of the rules and regulations promulgated pursuant hereto. 3. Hold hearings, subpoena and compel the attendance of witnesses and the production for examination of any book, paper or item relating to the matter under investigation; for this purpose,

204 LEGISLATORS’ PROCEEDINGS the Public Works Committee of the Board of Legislators is designated to hold hearings and issue subpoenas. The Board of Legislators, upon recommendation of the Chairman of the Board of Legislators, may designate any of its members or the Superintendent of Public Works to hold hearings and issue subpoenas. 4.

Make findings of fact and determinations.

5. Make, modify, amend, repeal or cancel orders affecting the control of the storage, collection, pickup, transportation, recycling or disposal of solid waste and recyclable material. 6. Request the County Attorney to institute civil actions, proceedings or hearings to compel compliance with the orders of the Board of Legislators, and with the provisions of this Local Law and the rules and regulations promulgated pursuant hereto. 7. Prepare and issue or direct the preparation and issuance of criminal informations or otherwise institute criminal proceedings against persons found to be in violation of this Local Law. 8. By resolution or local law, fix, modify or change fees for the use of County Facilities or the disposal, storage, processing of solid waste and recyclable material and for permits and renewals thereof. 9. Delegate the issuance of permits and renewals thereof to the Superintendent of Public Works. 10.

Cancel, suspend or revoke permits after a hearing.

11. Take such other action as it may deem necessary, proper or desirable to enforce the provisions of this Local Law, or any of the rules and regulations promulgated pursuant hereto. SECTION 4.

GENERAL FUNCTIONS, POWERS AND DEPARTMENT AND THE SUPERINTENDENT.

DUTIES

OF

THE

1. It shall be the responsibility of the Department, in accordance with such existing provisions and limitations as may be by law and elsewhere set forth in law, by and through the Superintendent, to carry out the Solid Waste Management and Resource Recovery Policies of the County of Allegany. In so doing, the Superintendent, with the advice and consent of the Committee, shall have power to: a. Coordinate and develop policies, planning and programs related to the Solid Waste Management and Resource Recovery of the County of Allegany. b. Prescribe the practices and procedures for use of County Facilities, including hours of operation and directing to which County Facility certain types of solid waste or recyclable material shall be delivered. c. Prescribe and recommend methods for the processing, recovery, recycling and reuse of solid waste or, where recycling and reuse are not possible, the disposal of solid waste, including domestic and industrial refuse, junk cars, litter and debris consistent with sound health, scenic, environmental quality, and land use practices, including but not limited to, Solid Waste offered for disposal at County Facilities, including, but not limited to, the types of solid waste acceptable for disposal at County Facilities, the limitation of disposal of such waste to solid waste generated

205 LEGISLATORS’ PROCEEDINGS solely within the County of Allegany except when Solid Waste generated outside of the County of Allegany is authorized for disposal at a County Facility by resolution or local law adopted by the Board of Legislators when it may from time to time determine it to be in the public interest to allow such outside Solid Waste to be so disposed. d. Encourage activities consistent with the purposes of this law by advising and assisting local governments, institutions, industries, and individuals. e. Undertake a public information and education program to inform and involve other public and private organizations and groups and the general public in the commitment to the principles and practices of Allegany County Solid Waste Management. f. Cooperate with the executive, legislative and planning authorities of the State of New York, neighboring counties and their municipalities in furtherance of the policies of the County of Allegany. g. Exercise and perform such other functions, powers and duties as shall have been or may be from time to time conveyed or imposed by law, including, but not limited to, all the functions, powers and duties assigned and transferred to the Department by the Board of Legislators. h. Recommend to the Public Works Committee such rules and regulations to implement this law, or other laws or resolutions of the Board of Legislators and the Committee, as well as assure compliance with the Environmental Conservation Law, the Rules and Regulations of the New York State Commissioner of Environmental Conservation and the United States Environmental Protection Agency. SECTION 5.

SOURCE SEPARATION IMPLEMENTATION.

1. Each Commercial Waste Collector shall submit a plan for approval to the Superintendent not more than 60 days after the adoption of this local law and any and all regulations pursuant to the local law to provide for collection of Solid Waste and Recyclable Material. Such plan shall include, but not be limited to, the description of the type of waste, frequency of collection, names and addresses of all persons whose Solid Waste will be collected, and provision for collecting and marketing Recyclable Material. Such a plan shall also propose a schedule of implementation which implementation shall take effect no later than January 1, 2005. 2. Any Persons who dispose of Solid Waste and Recyclable Material at a County Facility shall separate such Solid Waste and Recyclable Material in accordance with such rules and regulations as are adopted and promulgated by the Committee. 3. On or before March 1st of each year, all Commercial Waste Collectors shall submit a report to the Superintendent containing the total amount, broken down by type, of Recyclable Materials removed by such Commercial Waste Collector from the waste stream. SECTION 6.

PERMITTING OF WASTE COLLECTORS AND PERSONS.

1. Prior to disposing of Solid Waste or Recyclable Material at the County Landfill or other County Facility, all Commercial Waste Collectors, Resident Waste Collectors, Waste Collectors and

206 LEGISLATORS’ PROCEEDINGS Persons shall obtain a permit from the Department. Issuance of a permit to a Waste Collector or Person shall allow the holder of the permit to offer for disposal and dispose of, at a County Facility, Solid Waste or Recyclable Material generated solely within the County of Allegany, or generated outside the County of Allegany when authorized by the Board of Legislators in accordance with the provisions of section three of this local law, and acceptable for disposal pursuant to rules and regulations adopted and promulgated by the Committee. 2. No Waste Collector or Person shall offer for disposal or dispose of Solid Waste or Recyclable Material inconsistent with this local law, the rules and regulations promulgated pursuant to this local law or other local law or resolution of the Board of Legislators or the Environmental Conservation Law. Such inconsistent offering or disposal of solid waste or recyclable material shall constitute a violation of this local law. 3. Any Person who is a resident or taxpayer of the County of Allegany, operates a business in the County of Allegany or is specifically designated by the Board of Legislators shall be entitled to a permit hereunder. SECTION 7.

DISPOSAL OF SOLID WASTE.

1. All Waste Collectors and Persons shall deliver all Solid Waste generated within the County to a County Facility for disposal in accordance with this local law and applicable rules and regulations promulgated pursuant hereto. No Waste Collector or other Person shall dispose of Solid Waste at the County Landfill or any County Facility without a duly issued and valid permit. 2. Solid Waste generated outside the County will not be accepted at the County Landfill or at any other County Facility except pursuant to a specific contract approved by the Board of Legislators. 3. Anyone entering the County Landfill or any other County Facility to dispose of Solid Waste must adhere to the rules and regulations promulgated pursuant to this local law and must follow the instructions of the attendant on duty. 4. Nothing in this local law shall be construed at any time to restrict the ability of the Department to refuse to accept Hazardous Waste or other Prohibited Materials at the County Landfill or any other Facility. 5. No Waste Collector or other Person shall dispose of Solid Waste at the County Landfill or at any other County Facility unless such Person or entity shall pay the applicable disposal or user fee established by the Board of Legislators for the disposal of such waste. 6. All Solid Waste disposal requirements specified in this subsection, including, but not limited to, disposal or user fees or charges, may be imposed, changed, amended or adjusted at any time by resolution of the Board of Legislators or by the Committee or Department acting in accordance with this local law and rules, regulations and/or policies and guidelines adopted, promulgated or established pursuant to this local law.

207 LEGISLATORS’ PROCEEDINGS

SECTION 8.

DISPOSAL OF RECYCLABLE MATERIAL.

1. All Waste Collectors and Persons shall deliver all Recyclable Material generated within the County to a County Facility. No Waste Collector or other Person shall dispose of Recyclable Material at a County Facility without a duly issued and valid permit. 2. All Persons generating Solid Waste and/or Waste Collectors collecting Solid Waste and/or Recyclable Material generated within the County, must separate such Recyclable Material from the Solid Waste stream into such categories and/or into such packages or containers as specified in this local law or as designated and prescribed by the rules and regulations promulgated pursuant to this local law or the Department, and all Waste Collectors and other Persons holding duly issued and valid permits must ensure that any such Recyclable Material be delivered to a County Facility. The Department will maintain an up-to-date list of Recyclable Material, which may be modified from time to time by resolution of the Public Works Committee, or by the Department acting in accordance with policies and/or guidelines established and adopted by the Committee, and that may be amended from time to time by the Committee, Board of Legislators or the Department. 3. Solid Waste and other materials generated within the County that are not included in the list of Recyclable Material must be separately packaged or contained in proper containers as specified in this local law or as designated by the Department. 4. Customers of Commercial Waste Collectors must be provided the option of hiring full collection services for both Recyclable Material and Solid Waste, or for hiring collection of Solid Waste only, and opting to deliver their own Recyclable Material to a County Facility. 5. No disposal or user fee will be charged at any County Facility for the disposal of Recyclable Material except as specifically imposed by the Board of Legislators. 6. All Recyclable Material disposal requirements specified in this subsection, including, but not limited to, disposal or user fees or charges, may be imposed, changed, amended or adjusted at any time by resolution of the Board of Legislators or by the Committee or Department acting in accordance with this local law and rules, regulations and/or policies and guidelines adopted, promulgated or established pursuant to this local law. SECTION 9.

UNLAWFUL DISPOSAL OF SOLID WASTE.

1. It shall be unlawful for any person to dump, throw, deposit, place or cause to be dumped, thrown, deposited or placed or allow to be thrown, dumped, deposited or placed in any location within Allegany County any Solid Waste or any noxious material, except upon or at a Solid Waste Management Facility, established, owned, operated, licensed, or contracted with, by the Board of Legislators or such other Solid Waste Management Facility constructed, owned or operated in compliance with the provisions of law. 2. It shall be unlawful for any person to dump, throw, deposit, place or cause to be dumped, thrown, deposited or placed or allow to be thrown, dumped, deposited or placed in any location

208 LEGISLATORS’ PROCEEDINGS within Allegany County any Solid Waste which has been previously disposed of in a Solid Waste Management Facility, treated, buried or altered in a Solid Waste Management Facility, except upon or at a Solid Waste Management Facility as specifically authorized by the Allegany County Board of Legislators or as otherwise authorized by law. 3. It shall be unlawful for any person to intentionally dump, throw, deposit or place any Solid Waste upon any County Facility without possessing a duly issued and valid permit and paying any disposal or user fee as may be established by the Allegany County Board of Legislators, unless specifically authorized by the Allegany County Board of Legislators. SECTION 10.

SOLID WASTE MANAGEMENT FACILITY.

1. No person shall operate a Solid Waste Management Facility within the County, except in accordance with all applicable federal and state laws, rules and regulations and this Local Law. 2. The provisions of this Section are in addition to any rules and regulations required for Solid Waste Management Facilities by federal and state regulations, including, but not limited to, 6 NYCRR Part 360. 3. Industrial hazardous waste facilities, as defined regulated in 6 NYCRR Part 361, are prohibited in the County.

and

4. Industrial hazardous waste management facilities, as defined and regulated in 6 NYCRR Part 373, are prohibited in the County. 5. Low-level radioactive waste disposal facilities, as defined and regulated in 6 NYCRR Part 382, are prohibited in the County. SECTION 11.

PROMULGATION OF RULES AND REGULATIONS.

The Public Works Committee of the Allegany County Board of Legislators shall have the power to adopt and promulgate rules and regulations pursuant to this local law. The Superintendent shall cause a proposed rule or regulation to be posted conspicuously in the Department in a place maintained for that purpose and on the official bulletin board for notices located in the Allegany County Courthouse at Belmont, New York, where it is accessible to members of the general public, and shall cause a copy of the proposed rule or regulation to be provided to the members of the Committee at their mailboxes maintained at the County Office Building, Belmont, New York; such posting and depositing to be at least twenty (20) days prior to offering the proposed rule or regulation for adoption at a regular or special meeting of the Committee. A member of the general public requesting a copy of the posted proposed rule or regulation from the Department shall be provided one copy without charge. A copy of the proposed rule or regulation shall be filed with the Clerk of the Board of Legislators who shall cause a summary of such proposed rule or regulation and notification of its filing in such Clerk’s office to be published once in the official newspapers at least ten (10) days prior to offering the proposed rule or regulation for adoption at such regular or special meeting of the Committee. Prior to the vote on the question of adoption of the proposed rule or regulation at such meeting of the Committee, an opportunity to be heard shall be given to the public. Adoption of the rule or regulation shall be upon the affirmative vote of a majority of all regular members of the Committee. Upon adoption, a copy of the rule or regulation shall forthwith be transmitted to the

209 LEGISLATORS’ PROCEEDINGS Clerk of the Board of Legislators for filing and shall be binding as law on the tenth (10) day after such filing, excluding the day of filing. SECTION 12.

HEARINGS.

All hearings held pursuant hereto shall be upon not less than five (5) days notice to the Waste Collector or Person involved, and shall be held at a time and location specified by the Board of Legislators, or if designated by the Board of Legislators, the Public Works Committee of such Board, the Solid Waste Hearing Board, any ad hoc committee appointed by the Chairman of the Board, or the Superintendent of Public Works. SECTION 13. 1.

ENFORCEMENT.

Civil Sanctions:

a. The Superintendent may suspend or revoke a permit for violation of the provisions of this Local Law, or of the rules and regulations adopted and promulgated hereunder. b. Suspension or revocation of a permit shall become final five (5) days after service of a notice thereof upon the holder of a permit. c. The holder of the permit or other aggrieved party affected by such suspension or revocation may request a hearing by the Solid Waste Hearing Board to consider the action of the Superintendent of Public Works by serving upon the Clerk of the Board of Legislators, a request for a hearing within five (5) days following the service of the notice of suspension or revocation. The requested hearing shall be held no later than five (5) business days after the receipt of such request. d. Such suspension or revocation shall continue in pending determination by the Solid Waste Hearing Board.

effect

e. The Superintendent of Public Works, or the Superintendent's designee, may deny access to a County Facility for just cause. f. Appeal of this denial may be made to the Solid Waste Hearing Board in the same manner as set forth in paragraph 1.c. of this section. g. The denial of access shall continue in determination by the Solid Waste Hearing Board.

effect

pending

h. A permit which has been revoked or suspended shall be surrendered forthwith to the Superintendent of Public Works. i. Service of any notice, order or decision upon a Person shall be made as follows: 1. by mailing a copy of such notice, order or decision by ordinary mail in a postpaid envelope directed to the person affected thereby at the person's residence or business address as set forth in the permit application on file in the Department, or 2. by leaving a copy of such notice, order or decision with the person, or the person's agent.

210 LEGISLATORS’ PROCEEDINGS 3. service of any notice shall be made upon the Board of Legislators, Public Works Committee of such Board or Superintendent of Public Works by mailing the notice in a postpaid envelope directed to the Clerk of the Board of Legislators and the Superintendent of Public Works. 4. the Solid Waste Hearing Board shall consist of three (3) legislators to be appointed by the Chairman of the Board of Legislators on an annual basis and shall serve a term of one (1) year. The Chairman of the Public Works Committee shall be one (1) of the members of the Solid Waste Hearing Board and the other two (2) members of the Board (regular members) shall not be members of the Public Works Committee. The Chairman of the Board of Legislators shall also appoint two (2) alternate members to serve in the place of a regular member in the event of the inability of such regular member to serve. The Chairman of the Public Works Committee shall designate a member of the Public Works Committee to serve as an alternate member of the Solid Waste Hearing Board in the event that the Chairman of the Public Works Committee is unable to serve. After hearing, the Solid Waste Hearing Board may sustain, modify or cancel any suspension or revocation of a permit or denial of access to a County Facility made by the Superintendent. Each regular member of the Solid Waste Hearing Board may designate an individual to serve in his or her place and stead for such period as shall be reasonably necessary. The Committee’s Chairperson may designate a third member of the Public Works Committee to serve in the Chairperson’s place and stead, and upon such designation the Solid Waste Hearing Board may waive the Committee Chairperson’s attendance and participation. 2.

Criminal Sanctions:

a. The Allegany County Sheriff’s Department, New York State Police, New York State Department of Environmental Conservation Officers and all local law enforcement agencies shall be empowered to initiate proceedings against violators hereof in the name of the County in addition to any other remedies available under State or local law. b. Any Person violating the provisions of this local law or any applicable rules, regulations or requirements of the Department shall be guilty of a violation, which shall be punishable upon conviction by a fine of up to $500.00. Each day during which a violation continues shall be deemed to be a separate violation. c. The Court may also order community service in lieu of, or in addition to, a fine. Any fines shall be directed to be payable to the County of Allegany and shall be transmitted to the County Treasurer. d. Failure to pay any fine may result in imprisonment as prescribed in the Criminal Procedure Law. 3.

Enforcement Guidelines:

The Department or Committee may establish and modify from time to time enforcement guidelines that have been adopted, and that may be amended from time to time, by the Board of Legislators with regard to any provision of this local law, including but not limited

211 LEGISLATORS’ PROCEEDINGS to enforcement guidelines for any provision of this local law that have not been in effect prior to January 1, 2005. 4. In addition to or in lieu of criminal penalties under this Section, the County of Allegany may maintain an Action or Proceeding in a Court of competent jurisdiction to compel compliance with and/or prohibit any violation of the provisions of this law, including injunction, temporary restraining order or other legal remedy available under the laws of the State of New York. 5. In addition to the above remedies, any Collector, Person, corporation, partnership or other entity violating this Law shall forthwith remove from the County any Solid Waste or Recyclable Material imported or deposited in violation of this Law and shall also be responsible for any direct, or indirect, costs associated with correcting the violation. 6. A third violation of any of the provisions of this Local Law may result in permanently barring the Collector or Person from using any County Facility at the discretion of the Superintendent of Public Works. SECTION 14.

APPLICABILITY.

The County of Allegany recognizes that pursuant to Environmental Conservation Law Section 27-0711, this Local Law shall not be in effect with respect to any new Solid Waste Management Facility located in any city, village or area of any town, located within the County of Allegany, during the time that such city, village or town has in effect any local law, ordinance or regulations promulgated pursuant to Environmental Conservation Law Section 27-0711, provided that such local law, ordinance or regulations are not inconsistent with the New York State Environmental Conservation Law. In the event that any city, village or town repeals or ceases to have any local law, ordinance or regulations described in this subsection, this Local Law shall thereupon automatically take effect in such city, village or town. SECTION 15.

SEVERABILITY.

If any provision of this Local Law, or the application thereof to any person or circumstance, shall be held invalid, the remainder of such Local law, or the application of such provision to any other person or circumstances, shall not be affected thereby. SECTION 16.

REPEAL OF LOCAL LAW NO. 2 OF THE YEAR 2000.

Local Law No. 2 of the year 2000 and any amendments thereto, are hereby repealed as of the effective date of this Local Law. SECTION 17.

EFFECTIVE DATE.

This local law shall take effect immediately. Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 13 Ayes, 2 Noes, 0 Absent Voting No: Heineman, Reynolds

(Memo: Upon adoption, Local Law Intro. No. 4-2004 became Local Law No. 3-04.)

212 LEGISLATORS’ PROCEEDINGS A motion was made by Legislator Dibble to amend Resolution Intro. No. 233-04 (Resolution Establishing Solid Waste User Fees for Year 2005) by changing Section 1.1. third line to state, “For first time payers of a user fee, the Residential User Fee will be prorated quarterly as follows:” and the first period under that statement to read, “January 1 through March 31 - $60.” The motion failed to receive a second. RESOLUTION NO. 212-04 RESOLUTION ESTABLISHING SOLID WASTE USER FEES FOR YEAR 2005 Offered by:

Public Works Committee

RESOLVED: 1. The following user fees are established and shall be charged to users of the Allegany County Solid Waste System during the year 2005: 1. Residential User Fee - $50 per year for holders of current valid Solid Waste Identification Tags; $60 per year for newly issued Solid Waste Identification Tags. The Residential User Fee will be prorated quarterly as follows: January 1 through March 31 - $50 or $60 April 1 through June 30 - $45 July 1 through September 30 - $30 October 1 through December 31 - $15 2. Landfill User Fee - $30 per ton user fee paid at the Landfill at the time of disposal of solid waste or at such other time as shall be specified by the Superintendent of Public Works. There shall be charged a minimum scale fee of $5. The user fee to be paid for the disposal of Contaminated Soil and Waste Water Treatment Plant Sludge shall be $25 per ton paid at the Landfill at the time of disposal or at such other time as shall be specified by the Superintendent of Public Works. 2. Solid Waste Identification Tags will be issued without charge upon payment of the applicable user fee. No user fee will be charged to individuals who will only be disposing of recyclable materials at County facilities. A recyclables only Identification Tag will be issued without charge to individuals who will only be disposing of recyclable materials upon the completion by such individuals of the appropriate application form. 3. The user fees established by this resolution will be applicable to all schools, colleges and universities in the County on January 1, 2005. 4. The user fees established by this resolution will be applicable to villages and towns which collect solid waste and recyclable materials as a direct governmental service on June 1, 2005. Moved by: Mr. Graffrath Adopted: Roll Call Seconded by: Mr. Sherman 11 Ayes, 4 Noes, 0 Absent Voting No: Crandall, Heineman, Reynolds, Sobeck

213 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 213-04 ADOPTION OF LOCAL LAW INTRO. NO. 5-2004, PRINT NO. 1, TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS Offered by:

Ways and Means Committee

RESOLVED: 1. That proposed Local Law, Intro. No. 5-2004, Print No. 1, is adopted without any change in language, to wit: Intro. No. 5-2004

COUNTY OF ALLEGANY

Print No. 1

A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows: Section 1. Commencing January 1, 2005, the annual salary of the incumbents of the following County offices shall be as follows: Real Property Tax Service Agency Director - $43,910; County Clerk $49,440; Personnel Officer - $51,400; Sheriff - $60,460; Public Health Director - $65,775; Social Services Commissioner - $55,620; Superintendent of Public Works - $59,740; Employment and Training Director - $52,015; County Treasurer - $54,075; Public Defender $72,100; County Attorney - $91,670. Section 2. This local law shall take effect on the date of its filing with the Secretary of State. Moved by: Mr. Nielsen Seconded by: Mr. Bennett

Adopted: Roll Call 12 Ayes, 3 Noes, 0 Absent Voting No: Regan, Russo, Sobeck

(Memo: Upon its adoption, Local Law Intro. No. 5-2004 became Local Law No. 4-04. This local law is subject to permissive referendum, so will not be filed with the Secretary of State until December 23.) Resolution Intro. No. 193-04 (Authorizing Allegany County Clerk to Request Retention of Necessary Expenses for Mortgage Tax Recording and Collection) was previously referred to Finance Committee during the September 27 Board meeting and subsequently referred back to the Board from the October 26 Finance Committee meeting. RESOLUTION NO. 214-04 AUTHORIZING ALLEGANY COUNTY CLERK TO REQUEST RETENTION OF NECESSARY EXPENSES FOR MORTGAGE TAX RECORDING AND COLLECTION Offered by:

Finance Committee

Pursuant to Section 262 of the Tax Law WHEREAS, Section 262 of the Tax Law entitles County Clerks to receive all of their necessary expenses incurred for the administration of the mortgage tax program, and WHEREAS, this Board wishes to authorize the County Clerk to apply for and receive such expenses, now, therefore, be it

214 LEGISLATORS’ PROCEEDINGS RESOLVED: 1. That the County of Allegany hereby requests that $7,964.55 per month be retained by the County for the following necessary expenditures for mortgage tax recording: Personnel Costs Wages and Fringe Benefits of County Clerk Staff attributable to mortgage tax program $81,119.67 per year Total Annual Personnel Costs

$81,119.67

Non-Personnel Costs Computer System General Office Supplies Postage Maintenance Shared Service Phone Shared Service

$ 3,200.00 900.00 675.00 9,500.00 180.00

Total Annual Non-Personnel Costs

$14,455.00

Total Annual Mortgage Tax Expenses

$95,574.67

Total Monthly Mortgage Tax Expenses

$ 7,964.56

2. That the Allegany County Clerk and the Chairman of this Board are authorized to complete any and all necessary applications and forms required by the State of New York. 3. That the Clerk of this Board is directed to forward certified copies of this resolution to the New York State Tax Commission and the New York State Department of Audit and Control. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 1 Noes, 0 Absent Voting No: Reynolds

RESOLUTION NO. 215-04 AUTHORIZING SEMI-ANNUAL APPROPRIATION OF FUNDS RECEIVED FROM STATE OF NEW YORK AS REIMBURSEMENT FOR ADMINISTRATION OF MORTGAGE TAX PROGRAM Offered by:

Finance Committee

RESOLVED: 1. That this Board shall appropriate on a semi-annual basis funds received from the State of New York pursuant to Section 262 of the Tax Law as reimbursement for the administration of the mortgage tax program. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

215 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 216-04 APPROVAL OF APPORTIONMENT OF MORTGAGE TAX TO TAX DISTRICTS AND AUTHORIZING WARRANT THEREFOR Offered by:

Finance Committee

Pursuant to Tax Law § 261 (3) RESOLVED: 1. That the Semi-Annual Report for the period April 1, 2004, through September 30, 2004, relating to Mortgage Tax Receipts and Disbursements, and the proposed distribution of such mortgage tax receipts therein, is approved. 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. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 217-04 CHANGING REGULAR MEETING DATE FROM DECEMBER 27, 2004 TO DECEMBER 30, 2004 Offered by:

Ways and Means Committee

RESOLVED: 1. Notwithstanding Rule 110. A. of County Board Rules, the second regular meeting of this Board in the month of December of 2004 shall be held on December 30, 2004 at 2:00 PM and not on December 27, 2004 at 2:00 PM. Moved by: Mr. Nielsen Seconded by: Mr. Russo

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 218-04 APPROVAL OF SALE OF 2004 TAX SALE PROPERTIES Offered by:

Ways and Means Committee

Pursuant to New York Uniform Delinquent Tax Enforcement Act and Resolution No. 195-97, as amended by Resolution No. 95-98 RESOLVED: 1. That the sale of tax delinquent properties as shown below, to the owners and purchasers shown, for the consideration shown, subject to terms and conditions of sale for such properties, is approved. 2. That upon the securing by the County Attorney of a proper court order authorizing the conveyance to the County of such of the below mentioned properties which are subject to the 2002 and/or back to the year 1995 (TF95 up to and including TF02) tax foreclosure proceedings and the subsequent execution of a deed of all of the below mentioned properties to the County by the County Tax Enforcement Officer, the Chairman of this Board of Legislators is authorized and directed to execute on behalf of the County of

216 LEGISLATORS’ PROCEEDINGS Allegany and to cause to deliver to such owners and purchasers quit claim deeds of the County's interest in such properties and to affix to each such deed the official seal; all upon satisfaction of the terms and conditions of sale and the full payment to the County Treasurer of the monetary considerations. County Title Purchaser & Address Formerly Assessed Recorded Date Sale Price Description/Town Liber, Page - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WOODWORTH REVOCABLE LIVING TRUST, DATED 11/13/98 TRUSTEES, RICHARD E WOODWORTH & MARY MARSHALL G. WOODWORTH

WOODWORTH DAVID Town code 026600 Town of Scio Map# 225.-1-13.1 Assessment: 68,220

41316 Red Hill Rd Leesburg, VA 20175

Acreage: 9.05 Tax sale date: 2/01/02 Tax sale amt: 4,060.64 - - - - - - - - - - - -

Consideration: 59,000.00 - - - - - - - - - - - - - Moved by: Mr. Nielsen Seconded by: Mr. Bennett

Bk: Pg:

712 00028

- - - - - - -

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 219-04 A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2003 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED WITH REGARD TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN; DIRECTING MAILING OF NOTICES OF APPROVAL OF APPLICATIONS FOR CORRECTED TAX ROLLS AND ORDERING THE VARIOUS TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS; PROVIDING FOR CHARGE BACKS OR CREDITS Offered by:

Ways and Means Committee

Pursuant to Real Property Tax Law § 554 WHEREAS, applications, for the taxpayers hereafter described, have been made to the County's Director of Real Property Tax Service Agency, for the correction of certain errors affecting their real property on various tax rolls, and WHEREAS, the Director has transmitted to this Board the applications, in duplicate, together with a written report of his investigation of the claimed errors and his written recommendation for action thereon by this Board as to each application, and WHEREAS, this Board has examined each application and report to determine whether the claimed error exists, now, therefore, be it RESOLVED: 1. That with regard to the applications for the named taxpayers pertaining to claimed errors regarding their real property on the respective tax rolls of the named Towns, this Board of Legislators does determine that the claimed errors as alleged in those applications exist and does approve those applications. 2. That the Chairman of this Board is authorized and directed to make a notation on those applications and the duplicates thereof that they are approved, to enter thereon the respective correct extension of taxes as set forth by the Director in his report, to enter thereon the respective date of mailing of a notice of approval, to enter thereon the date of mailing of a certified copy

217 LEGISLATORS’ PROCEEDINGS of this resolution to the proper Tax Collector, and to sign thereon as Chairman. 3. That the Clerk of this Board is directed to mail to the below listed taxpayer a notice of approval stating, in substance, that their application made has been approved, to inform the Chairman of this Board of the date of the mailing thereof, and to inform such respective taxpayers of the applicable provisions of subdivision seven of section 554 of the Real Property Tax Law. 4. That the Tax Collector of the Town of Andover is ordered and directed to correct in the 2003 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a.

Lynch, Brian; Parcel 216.-1-73 Assessment: Land $4,100 Total $18,800

by deleting such Parcel from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: Allegany County Town of Andover Andover Fire School Relevy Total

$223.29 168.50 17.99 587.84 $997.62

5. That the Clerk of this Board is directed to forthwith mail a certified copy of this resolution to the various Tax Collectors for the Towns stated above together with the original copies of those applications completed in accordance with section two of this resolution. 6. The Clerk of this Board shall mail a copy of this resolution to the above named School and the amount to be charged to each School shall not be charged until 10 days after such mailing. Such amount shall be deducted by the County Treasurer from the money payable to each School as a result of school taxes returned after the date such amount is charged and which shall be paid to each School after May 1, 2005. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2005. Moved by: Mr. Nielsen Seconded by: Mr. Truax

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: Regarding Resolution No. 219-04, the tax roll correction for paragraph 4.a. above is required because the parcel was combined with another parcel in March 2002 and should not have received a tax bill.) RESOLUTION NO. 220-04 RELEVY OF RETURNED VILLAGE TAXES Offered by:

Finance Committee

Pursuant to Local Law No. 4 of 1978 and Real Property Tax Law § 1442 RESOLVED: 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

218 LEGISLATORS’ PROCEEDINGS 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 16, 2004.

Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 221-04 RELEVY OF RETURNED SCHOOL TAXES Offered by:

Finance Committee

Pursuant to Real Property Tax Law § 1330 RESOLVED: 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 16, 2004.

Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 222-04 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 Offered by:

Finance Committee

Pursuant to Article 14-F of the General Municipal Law and Town Law § 198 WHEREAS, the Towns of Belfast, 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 RESOLVED: 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, Caneadea, Friendship, Hume, Independence, Scio and Wellsville between September 21, 2004, and November 1, 2004, 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. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

219 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 223-04 ESTABLISHING A CAPITAL PROJECT FOR REPLACEMENT OF A CULVERT ON COUNTY ROAD NO. 3 IN TOWN OF CENTERVILLE AND PROVIDING FUNDS THEREFOR Offered by:

Public Works and Finance Committees

RESOLVED: 1. That a Capital Project Multi-Modal #3 for the replacement of a culvert in Allegany County located on County Road 03 in the Town of Centerville is established. 2. That the County Treasurer is authorized to transfer to an Account to be designated by her the sum of $75,000 for said Capital Project. Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: The Multi-Modal #3 Program referred to in Resolution No. 22304 involves an agreement with the State of New York for reimbursement of costs for work completed.) RESOLUTION NO. 224-04 ESTABLISHING A CAPITAL PROJECT FOR THE COUNTY LANDFILL EXPANSION STUDY Offered by:

Public Works and Finance Committees

RESOLVED: 1. That a Capital Project for the County Landfill Expansion Study is established. The Account for such Capital Project is to be designated by the County Treasurer. Moved by: Mr. Graffrath Seconded by: Mr. Truax

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 225-04 ACCEPTANCE AND APPROPRIATION OF MISCELLANEOUS DONATIONS FOR USE IN FUNDING 2006 COUNTY BICENTENNIAL CELEBRATION Offered by:

Finance Committee

RESOLVED: 1. That the sum of $5,990.78 in donations for use in funding the 2006 County Bicentennial Celebration is accepted. 2. That the accepted sum of $5,990.78 is appropriated to Account No. A7550.447 (Bicentennial Celebration) with a like sum credited to Revenue Account No. A08.2705.7550 (Gifts and Donations). Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

220 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 226-04 TRANSFER OF FUNDS WITHIN PUBLIC HEALTH APPROPRIATION ACCOUNTS Offered by:

Human Services and Finance Committees

RESOLVED: 1. That the following transfers in the amount of $158,120 are approved: From: A4011.204 A4011.206 A4040.206 A4060.456 A4060.456 A4060.456 A4035.802 A4035.803 A4035.804 A4035.805 A4051.456 A4053.408 A4071.802 A4071.803 A4071.804 A4071.805 A4071.456

To: A4011.403 A4011.408 A4040.104 A4040.101 A4011.456 A4011.459 A4046.456 A4046.456 A4046.456 A4046.456 A4040.464 A4040.457B A4040.457A A4040.457A A4040.457A A4040.457A A4040.456

Moved by: Mr. Truax Seconded by: Mr. Dibble

Amount: $2,000 3,600 1,500 35,000 50,000 15,000 2,200 6,500 1,300 500 12,000 5,450 400 2,000 470 200 20,000 Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: The transfers approved in Resolution No. 226-04 are necessary to cover remaining expenses through the end of the year and involve money already allocated within the Health Department budget.) RESOLUTION NO. 227-04 TRANSFER OF FUNDS WITHIN LAW ENFORCEMENT SHERIFF ACCOUNTS Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That the sum of $1,000 is transferred from Account No. A3110.407 (Sheriff’s Office - Supplies) to Account No. A3150.408 (Jail – General Supplies) to balance the account. 2. That the sum of $22,000 is transferred from Account No. A3110.1 (Sheriff’s Office – Personnel Services) to Account No. A3112.103 (Dispatch Center – Premium Pay). Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Bennett 11 Ayes, 4 Noes, 0 Absent Voting No: Myers, Nielsen, Russo, Sobeck (Memo: The transfer approved in Resolution No. 227-04 paragraph 1 is necessary to cover anticipated expenses through the end of the year. Paragraph 2 was requested due to Account A3112.103 being underfunded and unanticipated over-time expenses caused by a promotion and resulting staff vacancy. Both involve money already allocated within the Sheriff’s budget.)

221 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 228-04 TRANSFER OF FUNDS WITHIN LEGISLATIVE BOARD ACCOUNTS Offered by:

Ways and Means Committee

RESOLVED: 1. That the sum of $972 is transferred from Account No. A1010.402 (Legislative Board - Mileage) to Account No. A1010.101 (Legislative Board – Personnel Services). Moved by: Mr. Nielsen Seconded by: Mr. Truax

Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent

(Memo: The transfer approved in Resolution No. 228-04 is necessary to cover a shortfall caused by a transfer in May 2004 and failure to budget for five accrued liability days at year’s end and involves money already allocated within the Legislative Board budget.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Reynolds and adopted on Absent, that the audit recommended by the County

Legislator Nielsen, seconded by Legislator a roll call vote of 15 Ayes, 0 Noes, 0 of claims be approved for payment as Administrator.

The meeting was adjourned on a motion made by Legislator Truax, seconded by Legislator Dibble and carried. -------Public Hearing 2005 Allegany County Tentative Budget November 10, 2004 The public hearing on the 2005 Allegany County Tentative Budget was declared open at 7:00 pm by Chairman James G. Palmer, followed by the pledge of allegiance to the flag. All legislators were present except Legislators Regan and Reynolds. Chairman Palmer stated the purpose of the hearing is to give the public the opportunity to comment on or ask questions with regard to the content of the 2005 County Operating Budget. In its tentative form, the budget calls for an increase in the property tax rate of 6.25 percent and is subject to final adoption by the Board of Legislators on November 22, 2004. The Tentative Budget is a combined effort of the Budget Officer, Deputy Budget Officer, Legislative Finance Committee, and several department heads. In addition, every member of the Board of Legislators has had an opportunity to offer input. Chairman Palmer thanked everyone who has labored over this document for their efforts to prepare an operating budget that carries only a modest increase in the property tax rate for 2005. The meeting was turned over to County Budget Officer John Margeson, who reviewed the procedure to be followed for the hearing. Brenda Rigby, Clerk of the Board, then proceeded to read the

222 LEGISLATORS’ PROCEEDINGS tentative budget appropriations by major category, with time allowed for questions between each category. Approximately 12 County employees and 10 members of the general public were present for the hearing. Those speaking are indicated below with responses in parentheses and italics. Bette Stockman, Friendship, questioned the increase in the Central Service Postage Account A1673, page 5. (This account includes an appropriation amount to fill the postage meter, but is also continually reimbursed by inter-departmental charge backs.) Ms. Stockman also questioned the increase in the Unallocated Insurance Account A1910, page 5. (The increase indicates the actual increase in costs, and these are known amounts.) Amanda Newton, Wellsville, asked if the appropriation for the Assigned Counsel Account A1171, page 2, includes the contracts with Assigned Counsel Administrator Robert Hutter and Southern Tier Legal Services. (Yes.) George Goetschius, Willing, inquired about the increase in the Bus Transportation Account A5630, page 13, from $520,000 in 2004 to $771,000 for 2005. (The 2004 appropriation was incorrect; it should have been $700,000 and actually will run closer to $710,000. The entire cost is subsidized by four sources of revenue, none of which is local taxpayer dollars: Federal Aid, State Aid, vendor fare box receipts, and vendor contribution of 10 percent of the cost of the buses. The $771,000 is the 2005 contracted amount called for within the three-year contract the County currently has with First Transit.) Mr. Goetschius questioned if the legislature has any control of the bus routes, number of routes, and size of buses. (No, but the County does have the ability to provide input. In 2004, the vendor revised some routes due to low rider usage.) Rick Hollis, Granger, asked if the pictometry program is still being funded under the 2005 budget. (Yes.) Rick Hollis, questioned the County Employee State Retirement Account A9010, page 23, and asked if the estimate for 2006 has been received yet. (The retirement payment for 2006 will be approximately $2.5 million. Of the several options offered by the State for payment of the 2004 billing to offer some level of relief, the County will accrue 75 percent of the $1.4 million budgeted in 2004 [with the remainder to fall to fund balance] for payment in February 2005 at which time $2.4 million will be due.) Mr. Hollis pointed out that the $2.5 million payment in 2006 represents a six to seven percent increase in the property tax rate already without even figuring in any other increases. How will the bill be paid when tax receipts won’t come in until after March? (Corporate taxes are received in January. Although the 2006 NYS Retirement bill is fixed at 10.7 percent of employee salaries, the County is expecting there may be some relief in other areas.) Bette Stockman, Friendship, asked how many people are currently employed by the County. (475 full-time.) Rick Hollis, Granger, asked for an explanation of the Risk Retention Accounts CS1930 through CS9050, pages 27-28. (These funds, amounting to $333,500, cover obligations for self-insurance retention. The County purchases conventional insurance for coverage over that amount.) Mr. Hollis referred to the State Comptroller’s report that advised the County’s Risk Retention Health Accounts, CSH1710 through

223 LEGISLATORS’ PROCEEDINGS CSH9064, page 28, for employee hospitalization and medical insurance are under-funded for 2004 by $700,000. Mr. Hollis asked how those accounts are running so far this year and if $4.86 million will be adequate for 2005. (So far for 2004, $3,529,000 has been expended. Mr. Margeson feels the budgeted amount is in line and that the Comptroller’s estimate is high.) Kate Hollis, Granger, asked if payments made to employees in lieu of health insurance are included in the budget. (Yes.) Mr. Hollis questioned the $20,000 cut from the Public Works County Road over-time budget, Account D5110, page 29. In the September 8 Public Works Committee minutes, Superintendent Roeske voiced concern about this cut in light of the 18 additional miles of County roads in Birdsall the County will be plowing this year and that account is already usually overspent each year. (When making adjustments in the working budget, every area was looked at. The cut in over-time has been made and Mr. Margeson would like the department to stay within the budgeted amount. Neighboring towns may take over the plowing of some of the County roads in Birdsall. It was also noted that the money previously paid to Birdsall is still in the budget and can be utilized to supplement the overtime.) Mr. Hollis asked if County Road Machinery equipment will be bonded. (Yes, although no decision has been made on what equipment or how much equipment, if any, will be purchased.) Mr. Hollis questioned if municipalities are required to participate in the County Mutual Self-Insurance (Workers’ Compensation) Plan. (No, although the County plan is available to Towns, Villages, and fire departments.) George Goetschius, Willing, asked about the breakdown of debt obligation, Account V9710, page 33. (Debt service outstanding as of October 15, 2004 is summarized on page 55 of the Tentative Budget and includes: $2.9

million, bonds issued 10/98, for buildings, equipment, bridges, and landfill construction; $3.17 million, bonds issued 06/01, for landfill cells 7-9 construction and pay off outstanding obligation for County phone system; $2.395 million, bonds issued 04/04, for construction of two bridges and purchase of heavy equipment.) Rick Hollis, Granger, referred to the minutes of the July 12 Finance Committee meeting, and discussion of the County’s $3.8 million deficit rolled over from 2002 and 2003, and asked if anything has been done to reduce it. (Increased revenues, ie. sales tax, may help, and the Finance Committee implemented some staff reductions, but nothing has been specifically earmarked in the 2005 budget for this purpose. Some money has been set aside in the 2004 budget, but we won’t know how much it will help reduce the deficit until year end.) Mr. Hollis asked if the $1.8 million estimated increase in revenue expected from the additional .5 percent sales tax is realistic when the County is already behind on collections. (Budget Officer Margeson feels we will meet and exceed estimated sales tax revenue for 2004. He explained the $1.8 million is attributed to the additional .5 percent sales tax, which he added to the current $14 million and calculated a modest increase of 2.5 percent for cost of living.)

224 LEGISLATORS’ PROCEEDINGS Mr. Hollis referred to Finance Committee minutes of November 8 in which the Treasurer reported holding up a few recent audits due to cash flow problems. Will this 2005 budget include anything to alleviate this type of problem in the future? (The condition of cash flow late in 2005 should be improved due to steps implemented by the Finance Committee.) Legislator Bennett addressed the budget deficit experienced in 2001 and 2002 totaling close to $4 million. The 2003 fiscal year broke even and didn’t add further to the deficit. In 2004 there should be a surplus, turning the deficit condition around. Mr. Bennett feels it will take around three to five years to pay off the deficit and begin building fund balances. Daniel LeBlanc, Wellsville, (Olean Times Herald reporter) asked if estimated revenues for the new solid waste fees are included. (Yes.) George Goetschius, Willing, asked about the fund balance at the end of 2004. (There is no estimated cash surplus expected at the end of 2004. Any account balances will fall to fund balance to apply toward the deficit, which is currently between $3.5 and 4 million.) Rick Hollis, Granger, questioned the difference between the tax levy (8.74 percent increase) and tax rate (6.24 percent increase) (bottom of page II). (The tax rate is the average rate per thousand County-wide needed to balance the budget and is a more accurate estimate of what taxpayers need to come up with.) Does the equalization rate affect it? (Yes.) George Goetschius asked about the assessed valuation as compared with last year’s. (Taxable equalized value for the 2005 budget is $1.375 billion; for 2004 it was $1.344 billion.) The public hearing was declared officially closed at 7:55 pm. -------November 22, 2004 The regular meeting of the Board of Legislators was called to order at 2:03 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Dibble. Roll Call:

All present except Legislator Regan.

APPROVAL OF MINUTES: The Board meeting minutes of October 12 and 25, 2004 were approved on a motion made by Legislator Dibble, seconded by Legislator Bennett and carried. PRIVILEGE OF THE FLOOR: Chairman James G. Palmer took the floor for the presentation of the Employee of the Month Certificate. Honored as the December 2004 Employee of the Month was Jacqueline Merrick, Assistant Director of the Veterans’ Services Agency, in recognition of her hard work and dedication to the County.

225 LEGISLATORS’ PROCEEDINGS

Chairman Palmer granted privilege of the floor to Kimberley Toot, 2004 United Way Campaign Coordinator for the Allegany County Offices. The theme for this year’s drive is “What Matters” . . . to change people’s lives for the better. All County money stays in the County to assist the 25 participating agencies. Ms. Toot encouraged everyone to contribute. Privilege of the floor was also granted to Dianne Baker, Executive Director of Cornell Cooperative Extension of Allegany County, to highlight the 4-H Program. 4-H Members Nicci Santangelo, Aaron Santangelo, Katie Santangelo, and Meghan Snyder spoke on their individual 4-H experiences, followed by the 4-H pledge recited by all 4-H alumni present. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. The New York State Department of Transportation filed correspondence, maps, and an official order evidencing abandonment of a parcel of land in the Town of Cuba in the Clerk of the Board’s Office on November 19. 2. The ACCORD Corporation filed a copy of their annual report for the period March 2003 through February 2004 in the Clerk of the Board’s Office on November 19. 3. Correspondence was received inviting legislators to attend their December 16, 2004 from 1:00 to 5:00 p.m.

from Manor Hills ARCF, Christmas Open House on

4. Correspondence was received from the Wellsville Volunteer Ambulance Corps thanking the Board for the donation in memory of Paul W. Stevens, Jr. INTRODUCTION OF LEGISLATION: Legislator Susan Myers introduced Local Law Intro. No. 8-2004, Print No. 1, entitled “A Local Law Amending Local Law No. 1 of 1999 with Respect to the Number, Selection and Terms of Office of Members of the Allegany County Planning Board and the Powers and Duties of Such Planning Board,” a copy of said Local Law having been placed on each legislator’s desk. Legislator Edgar Sherman introduced Local Law Intro. No. 92004, Print No. 1, entitled “A Local Law Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over,” a copy of said Local Law having been placed on each legislator’s desk. (Memo: Local Law No. 4 of 1987 was recently amended by Local Law No. 2 of 2004 adopted per Resolution No. 186-04 on September 27, 2004 to change income levels for senior citizen partial property tax exemptions. The new amendment proposed in Local Law Intro. No. 92004 changes the income scale increments to conform to the computer programs created to comply with the Real Property Tax Law, thereby eliminating some technical difficulties encountered with the income scale included in the first amendment.)

226 LEGISLATORS’ PROCEEDINGS RESOLUTIONS: RESOLUTION NO. 229-04 RESOLUTION SETTING DATE OF PUBLIC HEARING FOR A LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 1999 WITH RESPECT TO THE NUMBER, SELECTION AND TERMS OF OFFICE OF MEMBERS OF THE ALLEGANY COUNTY PLANNING BOARD AND THE POWERS AND DUTIES OF SUCH PLANNING BOARD Offered by:

Planning and Development Committee

WHEREAS, on this 22nd day of November 2004, a Local Law (Intro. No. 8-2004, Print No. 1) was introduced to Amend Local Law No. 1 of 1999 with Respect to the Number, Selection and Terms of Office of Members of the Allegany County Planning Board and the Powers and Duties of Such Board, and WHEREAS, it will be necessary to set a date for public hearing on said proposed local law, now, therefore, be it RESOLVED: 1. That a public hearing shall be held on December 13, 2004, at 2:00 P.M. in the County Legislators’ Chambers, Room 221, County Office Building, 7 Court Street, Belmont, New York, before the Allegany County Board of Legislators, in relation to proposed Local Law Intro. No. 8-2004, Print No. 1. 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: Mrs. Myers Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 230-04 RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW AMENDING LOCAL LAW NO. 4 OF 1987, AS AMENDED, TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER Offered by:

Ways and Means Committee

WHEREAS, on this 22nd day of November 2004, a Local Law (Intro. No. 9-2004, Print No. 1) was introduced Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over, and WHEREAS, it will be necessary to set a date for public hearing on said proposed local law, now, therefore, be it RESOLVED: 1. That a public hearing shall be held on December 13, 2004, at 2:00 P.M. in the County Legislators' Chambers, Room 221, County Office Building, Belmont, New York, before the Allegany County Board of Legislators, in relation to proposed Local Law Intro. No. 9-2004, Print No. 1.

227 LEGISLATORS’ PROCEEDINGS

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. Nielsen Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 231-04 AMENDMENT OF 2005 COUNTY TENTATIVE BUDGET Offered by:

Finance Committee

RESOLVED: 1. That the 2005 County Tentative Budget dated October 5, 2004, is amended as follows: Appropriations - General Fund: Account No. A1410.4 A1180.4 A3310.4 A4083.4 A6989.4 A8160.4

Account County Clerk Justices & Constables Traffic Control Healthy Heart Tourism & Culture Solid Waste

Amendment Change from Change from Change from Change from Change from Change from

$61,900 to $111,900 $0 to $2,000 $0 to $2,125 $2,500 to $0 $233,645 to $213,946 $559,400 to $487,400

Revenues – General Fund: Account No. A02.1989.01 A10.3474.01 A10.3715.00

Account Tourism Regional Match Healthy Heart Tourism State Aid

Moved by: Mr. Crandall Seconded by: Mr. Bennett

Amendment Change from $47,416 to $25,729 Change from $2,500 to $0 Change from $85,000 to $77,323

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The adjustments to the 2005 Tentative Budget approved in Resolution No. 231-04 will have a net fiscal impact of $8,210.) RESOLUTION NO. 232-04 ADOPTION OF 2005 COUNTY FINAL BUDGET Offered by:

Finance Committee

RESOLVED: 1. That the 2005 County Tentative Budget dated October 5, 2004, as amended and revised, is adopted as the 2005 County Final Budget. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 11 Ayes, 3 Noes, 1 Absent Voting No: Graffrath, Russo, Sobeck

228 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 233-04 RESOLUTION MAKING APPROPRIATIONS FOR THE CONDUCT OF THE COUNTY GOVERNMENT FOR THE FISCAL YEAR 2005 Offered by:

Finance Committee

WHEREAS, this Board, by Resolution No. 232-2004, has adopted a budget for the fiscal year 2005, now, therefore, be it RESOLVED: 1. That the several amounts specified in the 2005 County Final Budget in the column entitled “Approved 2005” be and they are appropriated for the objects and purposes specified. 2.

This resolution shall take effect on January 1, 2005.

Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

Resolution Intro. No. 254-04 (A Resolution in Relation to the Compensation of County Officers and Employees) was TABLED until December 30, 2004 to allow for the 45-day waiting requirement for permissive referendum, on a motion made by Legislator Russo, seconded by Legislator Burdick and carried. RESOLUTION NO. 234-04 CORRECTION OF TITLES IN THE AFSCME SALARY PLAN Offered by:

Personnel Committee

Pursuant to Section 22 of New York Civil Service Law WHEREAS, the Personnel Officer has retitled three (3) positions of employment in the AFSCME Salary Plan to better denote their work activities, now, therefore, be it RESOLVED: 1. That the following titles in the AFSCME Salary Plan are retitled as follows: Abstractor to Title Searcher, Fire Dispatcher to Emergency Services Dispatcher, and Head Fire Dispatcher to Head Emergency Services Dispatcher. 2.

That this resolution shall take effect November 23, 2004.

Moved by: Mr. Heineman Seconded by: Mr. Burdick

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 235-04 RESOLUTION LEVYING TOWNS 2005 SHARE OF ALLEGANY COUNTY MUTUAL SELF-INSURANCE PLAN Offered by:

Ways and Means Committee

Pursuant to § 67 (2) and § 71 of the Workers' Compensation Law and § 13 of Local Law No. 3 of 2002 RESOLVED: 1. That this Board levies the sum of $286,529 upon the taxable property of the Towns participating in the Allegany County

229 LEGISLATORS’ PROCEEDINGS Mutual Self-Insurance Plan, in the proportionate amount which each such Town is required to pay for such participation as determined by the provisions of Section 12 of Local Law No. 3 of 2002. Moved by: Mr. Nielsen Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 236-04 CREATING ONE POSITION OF COUNTY ENGINEER AND ABOLISHING ONE POSITION OF PUBLIC WORKS ENGINEER IN THE DEPARTMENT OF PUBLIC WORKS DUE TO HUMAN RESOURCES AND CIVIL SERVICE DEPARTMENT RECLASSIFICATION Offered by:

Personnel Committee

WHEREAS, the Human Resources and Civil Service Department has reclassified one position of Public Works Engineer in the Department of Public Works to a County Engineer position, now, therefore, be it RESOLVED: 1. That one position of County Engineer is created and one position of Public Works Engineer is abolished in the Department of Public Works due to Human Resources and Civil Service Department reclassification. 2. That the new position of County Engineer is placed in Grade 11 of the Non-Unit Salary Plan and the County Non-Unit Salary Plan is amended to include such title. 3.

This resolution shall take effect on November 23, 2004.

Moved by: Mr. Dibble Seconded by: Mr. Truax

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The reclassification of the Engineer approved by Resolution No. 236-04 will include performance of civil engineering services for other County departments, in addition to Public Works, specifically for review and approval of septic system designs for the County Department of Health. The position also requires that the incumbent possess licensure as a Professional Engineer by the State of New York. The $4,402 difference in salaries between the abolished position and this new one will be offset by fees received for septic system approvals and savings from in-house civil engineering design approval by our own Professional Engineer rather than outside consulting engineers.) A motion was made by Legislator Russo, seconded by Legislator Heineman and carried to TABLE AND REFER BACK TO PERSONNEL COMMITTEE Resolution Intro. No. 258-04 (Abolishing One Position of Accountant and Creating One Position of Department of Public Works Fiscal Officer in the Department of Public Works). Voting No: Graffrath. A motion was made by Legislator Russo, seconded by Legislator Heineman and carried to TABLE AND REFER BACK TO PERSONNEL COMMITTEE Resolution Intro. No. 259-04 (Abolishing One Position of Account Clerk Typist and Creating One Position of Secretary to the Superintendent of Public Works in the Department of Public Works). Voting No: Graffrath.

230 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 237-04 ABOLISHING ONE POSITION OF COORDINATOR OF INTENSIVE CASE MANAGEMENT AND CREATING ONE POSITION OF ASSISTANT DIRECTOR OF COMMUNITY SERVICES IN THE COMMUNITY SERVICES AGENCY Offered by:

Human Services and Personnel Committees

WHEREAS, a New Position Duties Statement has been submitted to the Personnel Officer, who has approved the title in accordance with Section 22 of the Civil Service Law, now, therefore, be it RESOLVED: 1. That one position of Coordinator of Intensive Case Management is abolished in the Community Services Agency and one position of Assistant Director of Community Services is created in the Community Services Agency. 2. The title of Assistant Director of Community Services is placed in the Section 4 Salary Plan at an annual salary of $48,000 and the County Non-Unit Salary Plan is amended to include such title. 3.

This resolution shall take effect November 23, 2004.

Moved by: Mr. Truax Seconded by: Mr. Russo

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: The new position created by Resolution No. 237-04 reflects the continued growth of mental health programs and services provided to clients by the Community Services Agency over the last eight years. The $4,725 difference in salaries of the positions will be covered by funding from New York State with no added local contribution for salary or benefits.) RESOLUTION NO. 238-04 APPOINTMENT OF ONE NEW MEMBER AND REAPPOINTMENT OF ONE MEMBER TO ALLEGANY COUNTY COMMUNITY SERVICES BOARD Offered by:

Human Services Committee

RESOLVED: 1. That Dana S. Kruser of Andover, New York, is appointed to the Allegany County Community Services Board, for the remainder of a four-year term expiring December 31, 2004. 2. That Dana S. Kruser is reappointed to the Allegany County Community Services Board, with term of office to commence January 1, 2005, and expire December 31, 2008. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

231 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 239-04 INCREASING APPROPRIATION AND REVENUE ACCOUNTS AND TRANSFER OF FUNDS IN THE OFFICE FOR AGING Offered by:

Human Services and Finance Committees

RESOLVED: 1. That Office for the Aging Account No. A6779.474 (Caterer) and Revenue Account No. A02.1972.07 (SNAP – LTHHC) are increased by $3,500. 2. That the sum of $116 is transferred from Account A6775.101 (Regular Pay) to Account No. A6775.402 (Mileage). Moved by: Mr. Truax Seconded by: Mr. Sobeck

No.

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 240-04 ACCEPTANCE AND APPROPRIATION OF SUPPLEMENTAL FUNDS FROM THE FEDERAL OLDER AMERICANS ACT GRANTS FOR FISCAL YEAR 2004 Offered by:

Human Services and Finance Committees

RESOLVED: 1. That this Board accepts supplemental funds in the amount of $524 from the Federal Older Americans Act Grants for fiscal year 2004. 2. Such funds in the amount of $524 are appropriated as follows: $84 to Account No. A6773.419; $32 to Account No. A6783.402; $408 to Account No. A6786.474. Also $84 to Revenue Account No. A11.4772.01; $32 to Revenue Account No. A11.4772.07 and $408 to Revenue Account No. A11.4772.10. Moved by: Mr. Truax Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 241-04 TRANSFER OF FUNDS WITHIN LAW ENFORCEMENT SHERIFF ACCOUNT Offered by:

Public Safety Committee

RESOLVED: 1. That the sum of $7,923 is transferred from Account No. A3110.205 (Furniture and Equipment) to Account No. A3110.203 (Communications) to cover purchase of grant funded communication equipment. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: Heineman

232 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 242-04 TRANSFER OF FUNDS WITHIN PUBLIC WORKS APPROPRIATION ACCOUNTS Offered by:

Public Works Committee

RESOLVED: 1.

That the following transfers are approved:

From:

To:

Amount:

A1490.424 A1620.427 A8160.412 D3310.465 D5110.413

A1490.106 A1620.426 A8160.422 D3310.106 D5110.422

$

Moved by: Mr. Graffrath Seconded by: Mr. Sherman

500 10,000 9,000 500 20,000

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 243-04 TRANSFER OF FUNDS FROM COUNTY ROAD FUND Offered by:

Public Works and Finance Committees

RESOLVED: 1. That the sum of $25,000 is transferred from Account No. D5110.408 (Maintenance Roads & Bridges – General Supplies) as follows: $20,000 to Account No. A8160.492 (Solid Waste – Landfill Service), and $5,000 to Account No. A8160.422 (Solid Waste – Fuel). 2. That the sum of $10,000 is transferred from Account No. D3310.465 (Traffic Control – Striping) to Account No. DM5130.202 (Road Machinery) to cover the purchase of a tire balancer. Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

Copies of an Open Letter to the New York State Leadership, entitled “Medicaid Makes Counties Unhealthy,” written by Legislator William Dibble, was distributed for informational purposes. The issue seems to be gaining foothold in Albany. AUDITS: A motion was made by Legislator Truax, seconded by Legislator Dibble and carried, that the audits be acted upon collectively and by totals. A motion was made by Graffrath and adopted on Absent, that the audit recommended by the County

Legislator Nielsen, seconded by Legislator a roll call vote of 14 Ayes, 0 Noes, 1 of claims be approved for payment as Administrator.

The meeting was adjourned on a motion made by Legislator Truax, seconded by Legislator Dibble and carried. --------

233 LEGISLATORS’ PROCEEDINGS December 13, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Regan. Roll Call:

All present except Legislator Heineman.

PUBLIC HEARINGS: Chairman Palmer closed the regular meeting to hold a public hearing on Local Law Intro. No. 8-2004, entitled “A Local Law Amending Local Law No. 1 of 1999 with Respect to the Number, Selection and Terms of Office of Members of the Allegany County Planning Board and the Powers and Duties of Such Planning Board.” There being no one desiring to speak, the public hearing was closed. Chairman Palmer opening a public hearing on Local Law Intro. No. 9-2004, entitled “A Local Law Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are SixtyFive Years of Age or Over.” There being no one desiring to speak, the public hearing was declared closed, and the Board reconvened in regular session. PRIVILEGE OF THE FLOOR: Chairman Palmer granted privilege of the floor to Deborah Aumick, STOP DWI Coordinator, who announced the holiday kick-off in recognition of National Drunk and Drugged Driving Awareness Month. Ms. Aumick invited the County legislators and employees for Old English Wassail and Christmas cookies prepared by the BOCES Culinary Arts students. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of November 2004. 2. Also placed on each legislator’s desk were copies of the Board meeting minutes of November 8 and 22, 2004 and Budget Hearing notes of November 10, 2004 for review. 3. Financial Statements for the Year Ended December 31, 2003 were filed by the County Treasurer in the Clerk of the Board’s Office on December 1, 2004. 4. Pursuant to Allegany County Local Law No. 3 of 2004, John J. Mancuso, Public Works Deputy Superintendent I, filed a copy of the Notice of Proposed Allegany County Solid Waste Management Rules and Regulations and a copy of the Proposed Allegany County Solid Waste Management Rules and Regulations in the Clerk of the Board’s Office on December 2, 2004. 5. As required by Section 11 of Local Law No. 3 of 2004, Daniel J. Guiney, County Attorney, filed with the Clerk of the Board an affidavit of John J. Mancuso, sworn to December 2, 2004, attesting to the fact that he posted the Notice of Proposed Rules and Regulations and a copy of the Proposed Rules and Regulations on the official County bulletin board, that he delivered and deposited copies of the Notice and the Proposed Rules and Regulations in the

234 LEGISLATORS’ PROCEEDINGS mailboxes of the Chairman of the Board and the Chairman and members of the Public Works Committee, and that he filed a copy of the Notice and the Proposed Rules and Regulations in the Clerk of the Board’s Office. RESOLUTIONS: Resolution Intro. No. 258-04 (Abolishing One Position of Accountant and Creating One Position of Department of Public Works Fiscal Officer in the Department of Public Works) was referred back to the Board by the Personnel Committee. The Board had referred this resolution to the Personnel Committee for further consideration on November 22. Resolution Intro. No. 258-04 (Abolishing One Position of Accountant and Creating One Position of Department of Public Works Fiscal Officer in the Department of Public Works) was amended on a motion made by Legislator Russo, seconded by Legislator Bennett and carried, by changing the title of the position from “Fiscal Officer” to “Fiscal Manager” in the title of the resolution and in paragraphs 1. and 2., changing “Grade 9” to “Grade 8” in paragraph 2., and changing the effective date to “December 14, 2004” in paragraph 3. RESOLUTION NO. 244-04 ABOLISHING ONE POSITION OF ACCOUNTANT AND CREATING ONE POSITION OF DEPARTMENT OF PUBLIC WORKS FISCAL MANAGER IN THE DEPARTMENT OF PUBLIC WORKS Offered by:

Personnel Committee

WHEREAS, a New Position Duties Statement has been submitted to the Personnel Officer, who has approved the title in accordance with Section 22 of the Civil Service Law, now, therefore, be it RESOLVED: 1. That one position of Accountant is abolished in the Department of Public Works and one position of Department of Public Works Fiscal Manager is created in the Department of Public Works. 2. The title Department of Public Works Fiscal Manager is placed in Grade 8 of the Non-Unit Salary Plan and the County NonUnit Salary Plan is amended to include such title. 3.

This resolution shall take effect December 14, 2004.

Moved by: Mr. Russo Seconded by: Mr. Graffrath

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Regarding the fiscal impact of Resolution No. 244-04, the difference in annual salaries of the positions is $3,912.) Resolution Intro. No. 259-04 (Abolishing One Position of Account Clerk Typist and Creating One Position of Secretary to the Superintendent of Public Works in the Department of Public Works) was referred back to the Board by the Personnel Committee. The Board had referred this resolution to the Personnel Committee for further consideration on November 22. Resolution Intro. No. 259-04 (Abolishing One Position of Account Clerk Typist and Creating One Position of Secretary to the Superintendent of Public Works in the Department of Public Works) was amended on a motion made by Legislator Russo, seconded by Legislator Graffrath and carried, by changing the effective date to “December 14, 2004” in paragraph 3.

235 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 245-04 ABOLISHING ONE POSITION OF ACCOUNT CLERK TYPIST AND CREATING ONE POSITION OF SECRETARY TO THE SUPERINTENDENT OF PUBLIC WORKS IN THE DEPARTMENT OF PUBLIC WORKS Offered by:

Personnel Committee

WHEREAS, a New Position Duties Statement has been submitted to the Personnel Officer, who has approved the title in accordance with Section 22 of the Civil Service Law, now, therefore, be it RESOLVED: 1. That one position of Account Clerk Typist is abolished in the Department of Public Works and one position of Secretary to the Superintendent of Public Works is created in the Department of Public Works. 2. The title of Secretary to the Superintendent of Public Works is placed in Grade 2 of the Non-Unit Salary Plan and the County Non-Unit Salary Plan is amended to include such title. 3.

This resolution shall take effect December 14, 2004.

Moved by: Mr. Russo Seconded by: Mr. Graffrath

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Regarding the fiscal impact of Resolution No. 245-04, the difference in annual salaries of the positions is $1,000.) RESOLUTION NO. 246-04 ADOPTION OF LOCAL LAW INTRO. NO. 8-2004, PRINT NO. 1, AMENDING LOCAL LAW NO. 1 OF 1999 WITH RESPECT TO THE NUMBER, SELECTION AND TERMS OF OFFICE OF MEMBERS OF THE ALLEGANY COUNTY PLANNING BOARD AND THE POWERS AND DUTIES OF SUCH PLANNING BOARD Offered by:

Planning and Development Committee

RESOLVED: 1. That proposed Local Law, Intro. No. 8-2004, Print No. 1, is adopted without any change in language, to wit: Intro. No. 8-2004

COUNTY OF ALLEGANY

Print No. 1

A LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 1999 WITH RESPECT TO THE NUMBER, SELECTION AND TERMS OF OFFICE OF MEMBERS OF THE ALLEGANY COUNTY PLANNING BOARD AND THE POWERS AND DUTIES OF SUCH PLANNING BOARD BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows: 1. Section 3. of Local Law No. 1 of 1999 is amended to read as follows: Section 3. Membership. The Allegany County Planning Board shall consist of eleven (11) regular members. There shall be two (2) regular members from each legislative district of Allegany County and one (1) regular member selected from the County at-large, all to be appointed by the Chairperson of the Allegany County Board

236 LEGISLATORS’ PROCEEDINGS of Legislators with the approval of the Board of Legislators. In the event no candidate for membership on the Planning Board can be found from a particular legislative district, the seat of such legislative district shall not remain vacant but shall be filled by a candidate selected from the County at-large. Ex-officio members may be appointed to the Planning Board in such numbers and for such terms as may be from time to time determined by the Chairperson of the Board of Legislators with the consent of such Board of Legislators. It is the intent of this local law that membership on the Allegany County Planning Board shall be consistent with the considerations for selection of members set forth in Section 239c(2)(b) of the General Municipal Law. 2. Section 5. of Local Law No. 1 of 1999 is amended to read as follows: Section 5. Term. The members of the Allegany County Planning Board shall serve a term of three years except that the members initially appointed pursuant to this local law shall be appointed as follows: three (3) members shall be appointed for a term of one year, four (4) members shall be appointed for a term of two years, and four (4) members shall be appointed for a term of three years. 3. Section 6. of Local Law No. 1 of 1999 is amended to read as follows: Section 6. Powers & Duties. The Allegany County Planning Board shall have and possess all of the powers and duties provided by statutes now in effect or hereinafter enacted or amended together with such powers and duties as may be authorized by resolution adopted by the Allegany County Board of Legislators, which are consistent with existing State and Federal Laws. The Allegany County Planning Board is authorized to conduct reviews of certain classes of planning and zoning actions by a city, town or village within Allegany County pursuant to sections two hundred thirty-ninel and two hundred thirty-nine-m of New York State General Municipal Law, and to review certain subdivision plats pursuant to section two hundred thirty-nine-n of the General Municipal Law. 4. Effective immediately.

Date.

This

Moved by: Mrs. Myers Seconded by: Mr. Dibble

local

law

shall

take

effect

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Following adoption of Resolution No. 246-04, Local Law Intro. No. 8-2004 is numbered Local Law No. 5-2004.) RESOLUTION NO. 247-04 ADOPTION OF LOCAL LAW INTRO. NO. 9-2004, PRINT NO. 1, AMENDING LOCAL LAW NO. 4 OF 1987, AS AMENDED, TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER Offered by:

Ways and Means Committee

RESOLVED: 1. That proposed Local Law, Intro. No. 9-2004, Print No. 1, is adopted without any change in language, to wit:

237 LEGISLATORS’ PROCEEDINGS COUNTY OF ALLEGANY Intro.

No. 9-2004

Print No. 1

A LOCAL LAW AMENDING LOCAL LAW NO. 4 OF 1987, AS AMENDED, TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows: Section 1. The purpose of this local law is to amend Section 2. of Local Law No. 4 of 1987 to increase the annual income limits at which certain persons over sixty-five years of age can receive a partial exemption to the assessed valuation of real property owned by such persons. Section 2. That Section 2. of Local Law No. 4 of 1987 is amended to read as follows: PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION

ANNUAL INCOME $12,000 or less

50 per centum

More than $12,000 but less than $13,000

45 per centum

$13,000 or more but less than $14,000

40 per centum

$14,000 or more but less than $15,000

35 per centum

$15,000 or more but less than $15,900

30 per centum

$15,900 or more but less than $16,800

25 per centum

$16,800 or more but less than $17,700

20 per centum

$17,700 or more but less than $18,600

15 per centum

$18,600 or more but less than $19,500

10 per centum

$19,500 or more but less than $20,400

5 per centum

Section 3.

This local law shall take effect immediately.

Moved by: Mr. Nielsen Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Following adoption of Resolution No. 247-04, Local Law Intro. No. 9-2004 is numbered Local Law No. 6-2004. Also note that Local Law No. 4 of 1987 was recently amended by Local Law No. 2 of 2004 adopted per Resolution No. 186-04 on September 27, 2004 to change income levels for senior citizen partial property tax exemptions. This new Local Law No. 6-2004 changes the income scale increments to conform to the computer programs created to comply with the Real Property Tax Law, thereby eliminating some technical difficulties encountered with the income scale included in the first amendment.)

238 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 248-04 RESOLUTION LEVYING COUNTY TAXES Offered by:

Finance Committee

Pursuant to County Law § 360 and Real Property Tax Law § 900 WHEREAS, this Board, by Resolution No. 232-2004, has adopted a final budget for the fiscal year 2005, and WHEREAS, this Board, by Resolution No. 233-2004, made appropriations for the conduct of the County Government for the fiscal year 2005, and WHEREAS, in order to meet such appropriations necessary to levy taxes, now, therefore, be it

it

will

be

RESOLVED: 1. That the Allegany County Board of Legislators levies County taxes in the amount of $19,961,088 upon all the taxable real property in the County liable therefor. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 249-04 RESOLUTION APPROVING THE FINAL ASSESSMENT ROLLS WITH TAXES EXTENDED THEREON; AUTHORIZING AND DIRECTING THE PREPARATION AND EXECUTION OF TAX WARRANTS AND CAUSING DELIVERY OF TAX ROLLS TO COLLECTING OFFICERS Offered by:

Finance Committee

Pursuant to Real Property Tax Law §§ 900 and 904 WHEREAS, upon the final assessment rolls of the several Towns the several taxes have been duly extended as provided by law, now, therefore, be it RESOLVED: 1. That the final assessment rolls of the several Towns with the taxes so extended thereon are approved. 2. That the taxes so extended opposite the assessment of each parcel of real property in such rolls are determined to be the taxes thereon. 3. That there be annexed to each such roll a tax warrant in the form prepared by the Clerk of this Board to contain the respective amounts heretofore authorized to be levied upon the taxable property in each such roll and to bear the seal of the County Board of Legislators. 4. That the Chairman and Clerk of this Board shall sign each such warrant. 5. That the Clerk of this Board shall cause the delivery of each assessment roll together with the applicable tax warrant, i.e. the tax roll, or a certified copy thereof, to the tax collecting officer entitled thereto not later than December 31, 2004. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

239 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 250-04 LEVYING TAXES AND ASSESSMENTS REQUIRED FOR PURPOSES OF ANNUAL BUDGETS OF THE TOWNS OF ALLEGANY COUNTY Offered by:

Finance Committee

Pursuant to Town Law § 115 WHEREAS, there has been presented to the Board of Legislators a duly certified copy of the annual adopted budget of each of the several Towns in the County of Allegany for the fiscal year beginning January 1, 2005, now, therefore, be it RESOLVED: 1. That there is levied, assessed and raised by tax and assessments upon the real property liable therefore situated in the following Towns outside of any incorporated villages wholly or partially located therein, the General Fund and Highway Fund amounts specified in the annual adopted budgets of such Towns and indicated opposite such Towns, as follows:

Alfred Almond Amity Andover Angelica Bolivar Burns Cuba Wellsville Wirt

General Fund

Highway Fund

15,846.00 9,331.00 5,625.00 15,200.00 0.00 17,470.00 0.00 0.00 117,222.00 245.00

100,871.00 136,079.00 92,000.00 122,066.00 39,718.00 179,900.00 52,920.00 105,779.00 215,584.00 2,000.00

2. That there is levied, assessed and raised by tax and assessments upon the real property liable therefore situated in the following Towns, the General Fund and Highway Fund amounts specified in the annual adopted budgets of such Towns and indicated opposite such Towns, as follows:

Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar Burns Caneadea Centerville Clarksville Cuba Friendship Genesee Granger Grove Hume Independence

General Fund

Highway Fund

125,909.00 66,207.00 166,565.00 130,536.00 124,989.00 140,365.00 69,131.00 176,962.00 75,742.00 114,992.00 136,395.00 147,189.00 92,620.00 123,815.00 483,862.00 311,136.00 94,346.00 84,424.00 90,370.00 180,000.00 152,100.00

104,239.00 86,191.00 293,361.00 183,106.00 122,800.00 106,483.00 63,681.00 256,996.00 69,610.00 142,400.00 82,160.00 401,749.00 179,000.00 257,440.00 234,151.00 217,140.00 320,887.00 119,919.00 197,670.00 388,500.00 277,229.00

240 LEGISLATORS’ PROCEEDINGS New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt

96,910.00 259,555.00 163,697.00 89,923.00 508,363.00 83,840.00 164,420.00 136,929.00

163,221.00 333,320.00 276,986.00 129,232.00 320,345.00 38,925.00 187,976.00 167,872.00

3. That there is levied, assessed and raised by tax and assessments upon the real property liable therefore in the following fire, fire protection, improvement and other special districts in the following Towns, the amounts specified in the annual adopted budgets of such Towns for such districts and indicated opposite such Towns, as follows: Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar Burns Caneadea

Centerville Clarksville Cuba Friendship

Genesee Granger Grove Hume

Independence New Hudson Rushford

Fire Protection Hydrant Fire Protection Fire Protection Light Fire Protection Fire Protection Fire Protection Fire Protection Fire Protection Light Water Fire Protection Richburg-Wirt Fire District Bolivar Joint Fire District Fire Protection Fire Protection Houghton Sewer Houghton Water Houghton Light Caneadea Light Oramel Light Lake Fire Protection Fire Protection Fire Protection Water District 4 Lake Fire District #502 Fire Protection District #501 Sidewalk Light Refuse Fire Protection 1 (Bolivar) Fire Protection 2 (Portville) Fire Protection Canaseraga Fire District 1 Nunda Fire District 2 Dalton Lighting District Fire Protection Light District 1 (Hume) Light District 2 (R & W) Light District 3 Sidewalk Fire Protection Light Fire Protection Light Fire Protection

30,000.00 352.00 10,785.00 43,000.00 1,200.00 25,000.00 44,000.00 26,500.00 9,320.00 40,735.00 6,000.00 34,000.00 14,235.00 3,970.36 79,416.16 14,000.00 94,250.00 25,219.00 192,419.00 14,000.00 2,500.00 650.00 21,961.00 16,950.00 52,000.00 39,706.00 1,479.00 47,480.00 35,356.00 37,070.00 33,788.00 16,965.00 39,976.00 27,884.00 26,462.00 15,000.00 14,000.00 2,000.00 2,500.00 56,525.00 3,375.00 3,800.00 8,400.00 16,000.00 42,000.00 5,000.00 34,000.00 5,000.00 79,000.00

241 LEGISLATORS’ PROCEEDINGS

Scio

Ward Wellsville

West Almond Willing Wirt

Lake Light Fire Protection 1 Fire Protection 2 Light Water District 1 Water District 3 Fire Protection Fire Protection Hillcrest Light Sinclair Sewer Bolivar Rd. Sewer George St. Water Sinclair Water Riverside Water Bolivar Rd. Water West Wellsville Water Fire Protection Fire Protection Fire Protection

103,039.00 6,300.00 23,700.00 47,400.00 7,900.00 23,126.00 13,600.00 7,800.00 93,035.00 275.00 2,500.00 1,650.00 2,387.00 600.00 600.00 1,967.00 23,000.00 5,775.00 63,524.00 75,054.00

4. That such taxes and assessments, when collected, shall be paid to the Supervisors of the several Towns in the amounts as shown in this resolution, for distribution by them in the manner provided by law. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 251-04 CHARGEBACK TO TOWNS OF COST OF VARIOUS TAX SUPPLIES PURCHASED OR PROVIDED FOR BY COUNTY Offered by:

Ways and Means Committee

WHEREAS, assessment rolls, field books and various other tax supplies have been purchased or provided by the County for Towns within the County, and WHEREAS, it is necessary to charge the cost of such items back to the Towns, now, therefore, be it RESOLVED: 1. That the cost of assessment rolls, field books and various other tax supplies purchased or provided by the County to the Towns within Allegany County shall be charged back to the Towns on the 2004 tax rolls, as follows: Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar Burns Caneadea Centerville Clarksville Cuba

1,489.20 662.40 1,226.40 1,351.20 1,701.60 1,594.80 1,290.00 1,394.40 676.80 1,912.80 951.60 1,658.40 734.40 1,292.40 2,679.60

Friendship Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt

1,538.40 1,434.00 700.80 802.80 1,446.00 964.80 901.20 2,017.20 1,460.40 522.00 4,489.20 604.80 1,302.00 1,165.20

242 LEGISLATORS’ PROCEEDINGS

Moved by: Mr. Nielsen Seconded by: Mr. Reynolds

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 252-04 ABOLISHING ONE POSITION OF SOCIAL WELFARE EXAMINER IN THE DEPARTMENT OF SOCIAL SERVICES Offered by:

Human Services and Ways and Means Committees

RESOLVED: 1. That one position of Social Welfare Examiner is abolished in the Department of Social Services. 2.

This resolution shall take effect December 14, 2004.

Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 253-04 TRANSFER OF FUNDS WITHIN OFFICE FOR AGING ACCOUNTS Offered by:

Human Services and Finance Committees

RESOLVED: 1. That the sum of $1,400 is transferred from Account No. A6777.1 (HEAP – Regular Pay) to Account No. A6773.201 (OFASupportive Services – Equipment). Moved by: Mr. Truax Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Regarding Resolution No. 253-04, the approved transfer will enable the Office for the Aging to purchase software required by the State and Federal governments.) RESOLUTION NO. 254-04 TRANSFER OF FUNDS FROM E-911 RESERVE ACCOUNT TO FIRE E-911 EQUIPMENT ACCOUNT Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That the sum of $1,617 is transferred from Reserve Account No. A889.0005 to Account No. A3510.203 to pay for the purchase of four new flat screen monitors. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: Myers

243 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 255-04 APPROVAL OF AGREEMENTS FOR APPROVED PROVIDERS OF PROGRAMS, SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES Offered by:

Human Services Committee

RESOLVED: 1. That each Agreement titled “County of Allegany Contract Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with KidStart, A Division of Livingston-Wyoming ARC, Cattaraugus-Allegany Board of Cooperative Educational Services, and Pathways, Inc., for the period September 1, 2004 to August 31, 2005, is approved. 2. That the Chairman of this Board is authorized to execute such Agreements. Moved by: Mr. Truax Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 256-04 APPROVAL OF AMENDMENT AGREEMENT WITH MEDICAL TRANSPORTATION MANAGEMENT, INC. (MTM), IN RELATION TO PROVIDING NON-EMERGENCY MEDICAL TRANSPORTATION SERVICES IN ALLEGANY COUNTY; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT Offered by:

Human Services Committee

Pursuant to County Law § 224 (6) RESOLVED: 1. That Amendment Agreement between the County of Allegany and Medical Transportation Management, Inc., in relation to providing non-emergency medical transportation services in Allegany County, is approved. 2. That the Chairman of this Board is authorized to execute said Agreement upon the review and approval of the Agreement by the County Attorney. Moved by: Mr. Truax Seconded by: Mr. Bennett

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

(Memo: Regarding Resolution No. 256-04, the original agreement with Medical Transportation Management was approved by Resolution No. 6604. This amendment was negotiated based on increased utilization of services and includes payment of $54,000 per month for the period July 1, 2004 through December 31, 2005.) RESOLUTION NO. 257-04 APPROVAL OF INTERLOCAL AGREEMENT BETWEEN COUNTY OF ALLEGANY AND COUNTY OF CATTARAUGUS PURSUANT TO WORKFORCE INVESTMENT ACT OF 1998 Offered by:

Planning and Development, Finance, and Ways and Means Committees

RESOLVED: 1. That Interlocal Agreement dated October 22, 2004, between the County of Allegany and the County of Cattaraugus pursuant to the Workforce Investment Act of 1998 is approved.

244 LEGISLATORS’ PROCEEDINGS

2. That the Chairman of the authorized to execute said Agreement. Moved by: Mrs. Myers Seconded by: Mr. Reynolds

Board

of

Legislators

is

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 258-04 APPROVING THE ONE STOP SYSTEM OPERATOR AGREEMENT EXTENSION WITH THE NEW YORK STATE DEPARTMENT OF LABOR DIVISION OF EMPLOYMENT SERVICES AND THE CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD, INC. Offered by:

Planning and Development, Finance, and Ways and Means Committees

WHEREAS, this Board by previous resolutions has authorized the County to enter into all necessary agreements regarding the implementation of the Workforce Investment Act of 1998, and WHEREAS, the Allegany County Office of Employment and Training is the operator of the One Stop Employment Service Office in Allegany County, and WHEREAS, it is necessary to enter into an Agreement Extension with the New York State Department of Labor Division of Employment Services and the Cattaraugus-Allegany Workforce Investment Board, Inc., beginning July 1, 2004 and ending June 30, 2005, with no provision for automatic renewal subsequent to June 30, 2005, now, therefore, be it RESOLVED: 1. That the Chairman of this Board of Legislators is authorized to execute the One Stop Operator’s Agreement Extension with the New York State Department of Labor Division of Employment Services and the Cattaraugus-Allegany Workforce Investment Board, Inc. is approved. Moved by: Mrs. Myers Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 259-04 APPROVAL OF EQUIPMENT LOAN AGREEMENTS BETWEEN THE COUNTY OF ALLEGANY AND VARIOUS FIRE DEPARTMENTS FOR THE LOAN OF MOBILE TWO-WAY RADIO EQUIPMENT Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That Equipment Loan Agreements between the County of Allegany and the following fire departments for the loan of mobile two-way radio equipment are approved: A. E. Crandall Hook & Ladder Company, Alfred Station Fire Company, Allentown Fire Company, Alma Volunteer Fire Company, Andover Fire Company, Angelica Fire Department, Belfast Fire Company, Belmont Fire Department, Birdsall Fire Company, Bolivar Fire Department, Centerville Fire Company, Clarksville Fire Company, Cuba Fire Department, Friendship Fire Department, Houghton Fire Company, New Hudson Fire Company, Oramel Fire Company, Petrolia Hose Company, Scio #2, Richburg Fire Department, Rushford Fire Company, Short Tract Fire Company, Whitesville Fire Company, William P. Brooks Hose Company #1, Inc. and Wiscoy-Rossburg Fire Company.

245 LEGISLATORS’ PROCEEDINGS

2. That the Chairman of this Board is authorized to execute said Agreements. Moved by: Mr. Reynolds Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

Resolution Intro. No. 281-04 (Appointment of Commissioner of Social Services and Fixing Annual Salary Therefor) was not pre-filed and was considered from the floor on a motion made by Legislator Truax, seconded by Legislator Bennett and carried. RESOLUTION NO. 260-04 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, Margaret A. Cherre has resigned as Commissioner of Social Services, now, therefore, be it RESOLVED: 1. That Patricia Schmelzer, is appointed Commissioner of Social Services for a term of five years commencing December 14, 2004, and expiring December 13, 2009. 2. That the base annual salary for such Commissioner of Social Services is fixed at $61,000 per annum notwithstanding the base annual salary established for such Commissioner of Social Services in Resolution No. 290-2003 and notwithstanding the base annual salary for the year 2005 established by Local Law No. 4 of 2004. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

Resolution Intro. No. 282-04 (Transfer of Funds from County Road Fund) was not pre-filed and was considered from the floor on a motion made by Legislator Graffrath, seconded by Legislator Bennett and carried. RESOLUTION NO. 261-04 TRANSFER OF FUNDS FROM COUNTY ROAD FUND Offered by:

Public Works and Finance Committees

RESOLVED: 1. That the sum of $7,600 is transferred from Account No. D5110.408 to Account No. DM5130.204 to purchase a sander. Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

246 LEGISLATORS’ PROCEEDINGS Resolution Intro. No. 283-04 (Acceptance of Donation from Allegany Senior Foundation, Inc. and Appropriation of Same to OFA – S.N.A.P. Contractual Expenses Account) was not pre-filed and was considered from the floor on a motion made by Legislator Truax, seconded by Legislator Sobeck and carried. RESOLUTION NO. 262-04 ACCEPTANCE OF DONATION FROM ALLEGANY SENIOR FOUNDATION, INC. AND APPROPRIATION OF SAME TO OFA – S.N.A.P. CONTRACTUAL EXPENSES ACCOUNT Offered by:

Human Services and Finance Committees

WHEREAS, a sum of $6,480 has been offered by Allegany Senior Foundation, Inc. to the Allegany County Office for the Aging to be used for the Home Delivered Meals Program, now, therefore, be it RESOLVED: 1. That the sum of $6,480 is accepted from Allegany Senior Foundation, Inc. to be used for the Home Delivered Meals Program. 2. That the accepted sum of $6,480 from Allegany Senior Foundation, Inc. is appropriated to Account No. A6779.4, with a like sum credited to Revenue Account No. A09.2801.36. Moved by: Mr. Truax Seconded by: Mr. Dibble

Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent

AUDITS: A motion was made by Legislator Truax, seconded by Legislator Burdick and carried, that the audits be acted upon collectively and by totals. Opposed: Sobeck. A motion was made by Legislator Nielsen, seconded by Legislator Bennett and adopted on a roll call vote of 12 Ayes, 2 Noes, 1 Absent, that the audit of claims be approved for payment as recommended by the County Administrator. Voting No: Myers, Sobeck. The meeting was adjourned on a motion made by Legislator Truax, seconded by Legislator Reynolds and carried. --------

247 LEGISLATORS’ PROCEEDINGS December 30, 2004 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Palmer. Pledge of allegiance to the flag. The invocation was given by Legislator Nielsen. Roll Call:

All present except Legislators Myers and Truax.

APPROVAL OF MINUTES: The Board meeting minutes of November 8 and 22, 2004 and Budget Hearing minutes of November 10, 2004 were approved on a motion made by Legislator Dibble, seconded by Legislator Sherman and carried. PRIVILEGE OF THE FLOOR: Chairman Palmer granted privilege of the floor to Cuba Memorial Hospital’s Andrew Boser, CEO, and Jack Ormond, CFO, for a presentation on a proposed Continuing Care Residential Community (CCRC). The CCRC will consist of a combination of independent living apartments, assisted living apartments, medical and social adult day care facilities, home health care services, and long-term care. The projected number of residents utilizing the CCRC is expected to be between 300 to 500. Cuba Memorial Hospital is requesting Board support of their application for designation as a demonstration project for one of eight CCRC’s authorized by State legislation in November 2004. Chairman James Palmer took the floor to present a certificate to the January 2005 Employee of the Month, Edna B. Kayes, from the Department of Social Services, in recognition of her hard work and dedication to the County. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Allegany County Agricultural Society Annual Report for the period December 1, 2003 through November 30, 2004. 2. A media release was received from Southern Tier West Regional Planning and Development Board summarizing highlights of their December 2004 board meeting. 3. A Certificate of Withdrawal of Delinquent Tax Lien was filed on December 16, 2004 by the County Treasurer in the Clerk of the Board’s Office for property in the Town of Hume pursuant to Article 11 of the Real Property Tax Law of the State of New York. 4. A Certificate of Withdrawal of Delinquent Tax Lien was filed on December 21, 2004 by the County Treasurer in the Clerk of the Board’s Office for property in the Town of Granger pursuant to Article 11 of the Real Property Tax Law of the State of New York. 5. Notice was received of the New York State Association of Counties (NYSAC) 2005 Legislative Conference to be held from January 31 through February 2, 2005 at the Desmond Hotel and Conference Center in Albany. 6. Correspondence was received from the New York State Department of Transportation acknowledging receipt of and commenting on our Resolution No. 193-04, memorializing the State Legislature to

248 LEGISLATORS’ PROCEEDINGS cause corridor studies to be done of the extension southerly of State Route 408 and the extension easterly of State Route 243. APPOINTMENTS: The Clerk of the Board announced that Chairman Palmer, in a joint measure with Gerard Fitzpatrick, Chairman of the Cattaraugus County Board of Legislators, has appointed Diane Chodan to serve on the Cattaraugus-Allegany Workforce Investment Board. Ms. Chodan will be replacing Thomas White and will serve the remainder of his term until December 31, 2005. RESOLUTIONS: RESOLUTION NO. 263-04 RESOLUTION IN SUPPORT OF APPLICATION OF CUBA MEMORIAL HOSPITAL, INC. FOR DESIGNATION AS DEMONSTRATION PROJECT FOR CONTINUING CARE RESIDENTIAL COMMUNITY Offered by:

Planning and Development Committee

WHEREAS, Cuba Memorial Hospital, Inc., of Cuba, New York desires to develop a fee for service Continuing Care Residential Community (CCRC) at 9745 West Main Street, Cuba, New York, and WHEREAS, the CCRC will consist of a combination of independent living apartments, assisted living apartments, medical and social adult day care facilities, home health care services and long term care which will serve approximately 300 to 500 individuals, and WHEREAS, Cuba Memorial Hospital, Inc. is the only Critical Access Hospital in the Western Region and has provided quality medical care for the citizens of Allegany County for many years, and WHEREAS, Cuba Memorial Hospital, Inc. has applied to the New York State Department of Health for designation as a demonstration project for a CCRC, and WHEREAS, the CCRC demonstration project will allow Cuba Memorial Hospital, Inc. the opportunity to expand and develop the health care services provided to our area, and WHEREAS, no CCRC or similar residences exist in Allegany or Cattaraugus Counties, and WHEREAS, there are no CCRC rural demonstration projects currently in existence in the State of New York, now, therefore, be it RESOLVED: 1. That this Board supports the application of Cuba Memorial Hospital, Inc. for designation as a demonstration project for a Continuing Care Residential Community in Cuba, New York. Moved by: Mr. Dibble Seconded by: Mr. Burdick

Adopted:

Voice Vote

249 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 264-04 AUTHORIZING COUNTY ATTORNEY TO INSTITUTE LEGAL PROCEEDINGS Offered by:

Ways and Means Committee

RESOLVED: 1. The County Attorney be and hereby is authorized to institute legal proceedings against pharmaceutical companies, manufacturers, wholesalers, retailers and/or other responsible parties as may be necessary and appropriate to recover overpayments incurred by Allegany County as a result of a scheme among pharmaceutical companies to artificially inflate the average wholesale price of Medicaid prescription drugs provided to Allegany residents. 2. The County Attorney, his duly designated representative or any law firm or counsel which he may retain, are hereby authorized and empowered to undertake such legal proceedings and prepare all documents necessary or desirable to accomplish the purpose of this resolution. 3.

This resolution shall take effect immediately.

Moved by: Mr. Nielsen Seconded by: Mr. Dibble

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 265-04 A RESOLUTION IN RELATION TO THE COMPENSATION OF COUNTY OFFICERS AND EMPLOYEES Offered by:

Personnel Committee

RESOLVED: 1. That commencing January 1, 2005, each unit employee occupying a position set forth in the "County Unit Salary Plan" shall receive the salary or rate of compensation for the step of the Grade of the position occupied that is set forth in "Appendix A-5" or in "Appendix B-5” of Agreement approved by Resolution No. 782002, and which salary or rate of compensation such unit employee is entitled to receive commencing January 1, 2005, pursuant to said Agreement and pursuant to the "County Unit Salary Plan"; the increment recommendations from the department heads for each such unit employee under their jurisdiction receiving such recommendation being approved. 2. That commencing January 1, 2005, each unit employee occupying a position set forth in Agreement between the County of Allegany and the New York State Nurses Association, which Agreement was approved by Resolution No. 85-2004, shall receive the salary or rate of compensation for the step of the Grade of the position occupied that is set forth in "Schedule A" of said Agreement, and which salary or rate of compensation such unit employee is entitled to receive commencing January 1, 2005, pursuant to said Agreement and pursuant to the "County Unit Salary Plan"; the increment recommendation from the Public Health Director for each such unit employee under his jurisdiction receiving such recommendation being approved. 3. That commencing January 1, 2005, each unit employee occupying a position set forth in Agreement between the County of Allegany and the Allegany County Deputy Sheriff's Association, which

250 LEGISLATORS’ PROCEEDINGS Agreement was approved by Resolution No. 302-2003, shall receive the salary or rate of compensation for the step of the Grade of the position occupied that is set forth in "Appendix A" of said Agreement, and which salary or rate of compensation such unit employee is entitled to receive commencing January 1, 2005, pursuant to said Agreement and pursuant to the "County Unit Salary Plan"; the increment recommendation from the Sheriff for each such unit employee under his jurisdiction receiving such recommendation being approved. 4. That commencing January 1, 2005, each non-unit employee occupying a position set forth in the "County Non-Unit Salary Plan" shall receive the salary for the step of the Grade of the position occupied that is set forth in section 6 of Resolution No. 297-75, as last amended by Resolution No. 319-2002, and which salary such nonunit employee is entitled to receive commencing January 1, 2005; the increment recommendations from the department heads for each such non-unit employee under their jurisdiction receiving such recommendation being approved. 5. That the Personnel Officer is directed to prepare and deliver a list of the names and pay of the employees affected by sections one, two, three and four of this resolution to the County officers who are responsible for preparing the payrolls of such employees. 6. That commencing January 1, 2005, the base salaries, none of which include any earned longevity increment, of the incumbents of the titled positions herein set forth shall be the amount set forth opposite such position, to wit: Title County Legislators (15) Chairman of the Board Majority Leader Minority Leader Budget Officer Deputy Budget Officer County Administrator Clerk of the Board District Attorney Assistant District Attorney (1st) Assistant District Attorney (2nd) Assistant District Attorney (3rd) Assistant District Attorney (5th) District Attorney Investigator Crime Victims Coordinator Public Defender Assistant Public Defender (1st) Assistant Public Defender (2nd) Coroners Coroners' Physician Deputy County Auditor County Treasurer Real Property Tax Agency Director County Clerk County Attorney Assistant County Attorney (1st) Assistant County Attorney (2nd) Personnel Officer Election Commissioners (2) Public Works Superintendent Seasonal Laborers (Public Works)

Base Salary 8,500 8,500 300 300 2,000 2,000 77,250 44,290 119,800 30,200 28,000 28,000 22,700 20,000 22,800 72,100 30,200 28,000 $100 per diem $50 per diem 1,100 54,075 43,910 49,440 91,670 59,535 53,355 51,400 11,650 59,740 $7.00/hour

251 LEGISLATORS’ PROCEEDINGS Director of Information Technology 51,500 Sheriff 60,460 Probation Director II 55,620 STOP DWI Coordinator 11,635 Youth Bureau Program Director 27,300 Fire Coordinator 12,360 Emergency Services Director 36,875 Public Health Director 65,775 Medical Director 19,055 Speech Pathologist 59,465 Community Services Agency Director 30,900 Intensive Case Manager Coordinator 44,575 Intensive Case Manager (1) 35,740 Intensive Case Manager (2) 35,740 Intensive Case Manager (3) 33,990 Intensive Case Manager (4) 33,990 Social Services Commissioner 61,000 Development Director 67,900 Office for Aging Director 46,350 Office for the Aging: Site Mans. $6.50-8.50/hour Drivers, Aides $6.00-8.00/hour Rushford Lake: Youth Agencies Director $415/week Lifeguards $8.25/hour Employment and Training Director III 52,015 JTPA Summer Counselors $10.75/hour Executive Secretary, Workers’ Compensation 26,840 Moved by: Mr. Russo Seconded by: Mr. Dibble

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 266-04 IMPLEMENTATION OF SYSTEM FOR EVALUATING NON-UNIT EMPLOYEES AND DEPARTMENT HEADS Offered by:

Personnel Committee

RESOLVED: 1. That the implementation of a system for evaluating Allegany County Non-Unit Employees and Department Heads is approved. 2.

This resolution shall take effect January 1, 2005.

Moved by: Mr. Russo Seconded by: Mr. Sobeck

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 267-04 RESOLUTION ESTABLISHING MILEAGE ALLOWANCE FOR COUNTY OFFICERS AND EMPLOYEES OTHER THAN LEGISLATORS AND THOSE COUNTY EMPLOYEES COVERED BY A COLLECTIVE BARGAINING AGREEMENT WHEN THEIR OWN AUTOMOBILE IS USED FOR COUNTY BUSINESS Offered by:

Personnel and Finance Committees

Pursuant to County Law § 203 RESOLVED: 1. That the payment of the IRS compensation rate for mileage per mile is authorized for the miles actually and necessarily traveled on official business of the County by any County officer or

252 LEGISLATORS’ PROCEEDINGS employee, other than legislators and those County employees covered by a collective bargaining agreement, by the use of his or her own automobile. 2. This resolution shall take effect remain in effect until changed by this Board. Moved by: Mr. Russo Seconded by: Mr. Dibble

January

1,

2005

and

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: Regarding Resolution No. 267-04, the IRS allowance for mileage reimbursement is 40.5 cents per mile effective January 1, 2005.) RESOLUTION NO. 268-04 RESOLUTION FIXING DATE OF 2005 ORGANIZATION MEETING Offered by:

Ways and Means Committee

RESOLVED: 1. That the Board of Legislators shall meet on Monday, January 3, 2005, at 2:00 P.M. in the Legislators’ Chambers in the County Office Building, Belmont, New York, for the purpose of organizing the Board, selecting a Chairman and such other officers or appointees as may be desired, and for the transaction of any other business which could properly come before any regular meeting of the Board. Moved by: Mr. Nielsen Seconded by: Mr. Sherman

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 269-04 SUSPENDING CERTAIN COUNTY BOARD RULES AFFECTING PROPOSED RESOLUTIONS REQUESTED TO BE SUBMITTED AT ORGANIZATION MEETING ON JANUARY 3, 2005 Offered by:

Ways and Means Committee

RESOLVED: 1. That section D. of Rule 170 and sections C., D. and E. of Rule 180 of County Board Rules, are suspended for proposed resolutions which are requested to be submitted at the organization meeting of the County Board of Legislators to be held on January 3, 2005. Moved by: Mr. Nielsen Seconded by: Mr. Reynolds

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 270-04 RESOLUTION DESIGNATING OFFICIAL NEWSPAPERS FOR THE PUBLICATION OF LOCAL LAWS, NOTICES AND OTHER MATTERS REQUIRED BY LAW TO BE PUBLISHED IN 2005 Offered by:

Ways and Means Committee

WHEREAS, in accordance with subdivision 1 of Section 214 of the County Law the members of this Board of Legislators representing respectively each of the two principal political parties into which the people of this State are divided have designated in writing the newspapers set forth below to publish, in 2005, the concurrent

253 LEGISLATORS’ PROCEEDINGS resolutions of the State Legislature, election notices issued by the Secretary of State, and the official canvass: Concurrent resolutions of the Legislature: Cuba Patriot & Free Press, Cuba, New York (Republican) The Alfred Sun, Alfred, New York (Democrat) Election Notices and Official Canvass: Wellsville Daily Reporter, Wellsville, New York (Republican) The Alfred Sun, Alfred, New York (Democrat), and WHEREAS, subdivision 2 of Section 214 of the County Law requires this Board of Legislators to annually designate at least two newspapers within the County of Allegany as official newspapers for the publication of all local laws, notices and other matters required by law to be published, now, therefore, be it RESOLVED: 1. That the newspapers listed below are designated as the official newspapers of the County of Allegany for the publication of local laws, notices and other matters required by law to be published in 2005: Wellsville Daily Reporter, Wellsville, New York The Alfred Sun, Alfred, New York Moved by: Mr. Nielsen Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 271-04 APPOINTMENT OF TWO NEW MEMBERS AND REAPPOINTMENT OF THREE INCUMBENT MEMBERS TO COUNTY TRAFFIC SAFETY BOARD Offered by:

Public Safety Committee

Pursuant to Local Law No. 2 of 1972 RESOLVED: 1. That Gary Fries of Cuba, New York, is appointed to the County Traffic Safety Board to fill a vacancy, with term of office to commence January 1, 2005, and expire December 31, 2005. 2. That Kath Buffington of Belmont, New York, is appointed to the County Traffic Safety Board, with term of office to commence January 1, 2005, and expire December 31, 2007. 3. That Dawn Santangelo, Ray Parlett and John Zlomek, are reappointed to the County Traffic Safety Board, with term of office for each to commence January 1, 2005, and expire December 31, 2007. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

254 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 272-04 AUTHORIZING SALE AND CONVEYANCE OF COUNTY'S INTEREST IN REAL PROPERTY IN TOWN OF CUBA TO TOWN OF CUBA; AUTHORIZING CHAIRMAN TO EXECUTE DEED Offered by:

Facilities Planning and Management Committee

WHEREAS, by New York State Department of Transportation Official Order No. H2470 dated November 15, 2004 and filed in the Allegany County Clerk’s Office on November 18, 2004, the State of New York has abandoned to the County of Allegany certain premises in the Town of Cuba formerly used as part of the right of way of State Highway No. 5023 Cuba-Black Creek, Part 1, prior to the reconstruction and relocation of such state highway, and WHEREAS, the Town of Cuba has maintained such property since 1966 when the State of New York completed the reconstruction and relocation of State Highway No. 5023, and WHEREAS, such property is not being occupied or used by the County and there is no planned use of it by the County, and WHEREAS, the Town of Cuba has requested that the County convey such premises to the Town, now, therefore, be it RESOLVED: 1. That this Board authorizes the conveyance to the Town of Cuba, without consideration, of certain premises located in the Town of Cuba and more particularly described in New York State Department of Transportation Official Order No. H2470 dated November 15, 2004 and filed in the Allegany County Clerk’s Office on November 18, 2004. 2. That the Chairman of this Board is authorized to execute and deliver a quit claim deed for said premises and any other necessary legal documents required to convey such premises to the Town of Cuba. Moved by: Mr. Bennett Seconded by: Mr. Sherman

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 273-04 AUTHORIZING ALLEGANY COUNTY SHERIFF TO APPLY FOR FUNDING FROM NEW YORK STATE DEPARTMENT OF STATE FOR WIRELESS ENHANCED 911 EXPEDITED DEPLOYMENT GRANT PROGRAM Offered by:

Public Safety and Finance Committees

WHEREAS, funding is available through the New York State Department of State Office of Fire Prevention and Control for the Wireless Enhanced 911 Expedited Deployment Grant Program, and WHEREAS, the aforementioned grant is designed to provide funding to counties to assist them in achieving “Phase 2” capability for their 911 emergency call systems, and WHEREAS, the Allegany County Sheriff is desirous of applying for the aforementioned grant, now, therefore, be it

255 LEGISLATORS’ PROCEEDINGS RESOLVED: 1. That the Allegany County Sheriff be, and hereby is, authorized and directed to execute grant documents, on behalf of Allegany County, with the New York State Department of State, in order to apply for such Enhanced E-911 funding to permit the County to achieve “Phase 2” capability. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 274-04 APPROVAL OF EASEMENT BETWEEN COUNTY OF ALLEGANY AND FILLMORE GAS COMPANY, INC. Offered by:

Public Works Committee

WHEREAS, the Fillmore Gas Company, Inc. desires an easement over certain premises owned by the County of Allegany in the Town of Amity, Allegany County, New York, known as Allegany County Jail and Public Safety Facility located at New York State Route 19, for the purpose of installing and maintaining natural gas service to such Facility, now, therefore, be it RESOLVED: 1. That Easement between the County Fillmore Gas Company, Inc., is approved.

of

Allegany

and

the

2. That the Chairman of this Board is authorized to execute said Easement and to cause the recording of same in the Allegany County Clerk’s Office. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 275-04 AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID-ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID EMERGENCY RELIEF PROJECT, TO FULLY FUND THE LOCAL SHARE OF FEDERAL AID-ELIGIBLE AND INELIGIBLE PROJECT COST AND APPROPRIATING FUNDS THEREFOR Offered by:

Public Works and Finance Committees

WHEREAS, a Project for the Flood Repairs on County Road 15B and 16, P.I.N. 6704.75.321 (the “Project”) is eligible for funding under Title 23 U. S. Code, as amended, for Federal emergency relief that calls for the apportionment of the costs of such project to be borne at the ratio of 100% Federal funds and 0% non-federal funds, and WHEREAS, the County of Allegany desires to advance the Project by making a commitment of 100% of the federal and non-federal share of the costs thereof, now, therefore, be it RESOLVED: 1.

That the Board of Legislators hereby approves the Project.

2. That the Board of Legislators authorizes the Chairman of the Allegany County Board of Legislators to pay in the first instance 100% of the federal and non-federal share of the cost of Flood Repair work for the Project or portions thereof.

256 LEGISLATORS’ PROCEEDINGS

3. That the sum of $68,866 is appropriated from Account No. D5110 and made available to cover the cost of participation in the Project. 4. That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the County of Allegany shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the State thereof. 5. That the Chairman of the Allegany County Board of Legislators be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the County of Allegany with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of Federal AidEligible Project costs and all Project costs within appropriations therefor that are not so eligible. 6. That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project. 7.

That this resolution shall take effect immediately.

Moved by: Mr. Graffrath Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: Resolution No. 275-04 authorizes application for emergency relief funds for flood repairs incurred as a result of the severe storms in August and September 2004.) RESOLUTION NO. 276-04 TRANSFER OF FUNDS FROM LOW LEVEL RADIOACTIVE WASTE RESERVE ACCOUNT TO CONTINGENT ACCOUNT; DIRECTING COUNTY TREASURER TO PAY OVER FUNDS TO COUNTY OF CORTLAND Offered by:

Finance Committee

WHEREAS, Chapter 59 of the Laws of 2004 authorizes the County to use funds deposited in the Low Level Radioactive Waste Miscellaneous Reserve pursuant to Resolution No. 88-92 for the purpose of extending the Village of Belmont sewer and water infrastructure, and WHEREAS, as a condition of the use of such funds, the statute directs the County to pay over to Cortland County the sum of $98,750 pursuant to Chapter 673 of the Laws of 1986 to reimburse Cortland County for liabilities incurred in the Low Level Radioactive Waste litigation on and after April 1, 1991, now, therefore, be it RESOLVED: 1. The Allegany County Treasurer is directed to transfer $98,750 from the Low Level Radioactive Waste Reserve Account (A889.0004) to Contingent Account (A1990.4) and to transfer such amount to the County of Cortland as required by Chapter 59 of the Laws of 2004. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

257 LEGISLATORS’ PROCEEDINGS

(Memo: The extension of sewer and water infrastructure mentioned in Resolution No. 276-04 will benefit the I-86 Belvidere area.) RESOLUTION NO. 277-04 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO TREASURER EQUIPMENT AND CONTRACTUAL EXPENSES ACCOUNTS Offered by:

Finance Committee

RESOLVED: 1. That the sum of $18,600 is transferred from Account No. A1990.4 as follows: $13,000 to Account No. A1325.2 and $5,600 to Account No. A1325.4 to purchase an additional software module for County financial system. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: The additional software module referred to in Resolution No. 277-04 is now available meeting the requirements of the new Government Accounting Standards Board (GASB) 34 regulations. Year End 2003 was the first year the Treasurer’s Office was required to report under this regulation and it was very labor intensive without software to pull information together.) RESOLUTION NO. 278-04 TRANSFERS BETWEEN APPROPRIATION ACCOUNTS Offered by: WHEREAS, the expenditures and appropriations, and

Finance Committee

Committees of this Board such expenditures may be

WHEREAS, unexpended, unencumbered accounts, now, therefore, be it

balances

have in may

authorized excess of exist

in

RESOLVED: 1. That the County Treasurer is authorized to make transfers between appropriation accounts upon her books and to expend the same therefrom as she deems necessary for the purpose of balancing the accounts for the end of the 2004 fiscal year. 2. That upon the completion of such transfers the County Treasurer shall file a certification listing such transfers with the Clerk of this Board. Such certification shall be incorporated in the 2004 proceedings of this Board following this resolution. Moved by: Mr. Crandall Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

CERTIFICATE OF THE COUNTY TREASURER I, the undersigned, being the Allegany County Treasurer, do hereby certify that the following 2004 budget line transfers were made and entered into the books of my office pursuant to Resolution No. 278-04.

258 LEGISLATORS’ PROCEEDINGS BUDGET TRANSFERS WITHIN DEPARTMENTS, PER RESOLUTION #278-04: TO: FROM: County Administrator A1011.106 181 A1011.101 Clerk of the Board A1040.106 600 A1040.107 200 A1040.104 A1040.419 455 A1040.401 District Attorney A1165.102 1,095 A1165.407 2,190 A1165.409 8,075 A1165.413 205 A1165.422 435 A1165.433 1,725 A1165.101 Public Defender A1170.102 3,220 A1170.105 815 A1170.106 135 A1170.407 170 A1170.101 Medical Examiner A1185.402 810 A1185.431 115 A1185.101 County Treasurer A1325.102 1,325 A1325.101 A1325.106 2,285 A1325.104 A1325.107 620 A1325.105 A1325.402 195 A1325.401 A1325.409 805 A1325.403 A1325.405 A1325.407 Assessments A1355.101 9,745 A1355.106 A1355.102 75 A1355.104 A1355.105 2,460 A1355.402 A1355.107 5 A1355.403 A1355.401 75 A1355.407 A1355.405 181 A1355.409 A1355.413 A1355.430 A1355.407 County Clerk A1410.101 6,755 A1410.103 A1410.102 250 A1410.105 A1410.430 7,435 A1410.106 A1410.107 A1410.401 A1410.415 County Attorney A1420.101 22,950 A1420.105 A1420.102 1,080 A1420.432 Human Resources A1430.101 2,375 A1430.102 505 A1430.104 A1430.106 745 A1430.107 A1430.401 35 A1430.402 A1430.407 35 A1430.424 A1430.433 710 A1430.432 Elections A1450.101 480 A1450.102 480 A1450.407 280 A1450.105 Public Works A1490.101 2,145 A1490.104 A1490.102 1,125 A1490.105 A1490.103 90 A1490.107 A1490.401 Buildings A1620.101 13,065 A1620.427 Central Services - Postage A1673.401 5 A1673.413 Central Services - Computers A1680.105 3,390 A1680.106 3,880 A1680.107 530 A1680.201 Sheriff A3110.102 6,000 A3110.103 A3110.204 4,350 A3110.105 A3110.402 90 A3110.106

181 775 480

13,725

4,340 925 320 3,345 185 210 280 215 675 6,275 1,400 230 1,250 2,065 75 1,015 50 181 765 4,760 5,255 2,320 340 1,000 11,135 12,895 3,195 800 135 220 55

1,240 115 1,295 1,115 835 13,065 5

7,800 1,020 15,070 3,125

259 LEGISLATORS’ PROCEEDINGS

Sheriff (cont.)

E911 Dispatch

Traffic Safety Program

Probation

STOP DWI

Alternatives to Incarceration

Probation/Intensive Supervision

Jail

Traffic Control Fire Emergency Service

Health

TO: A3110.405 A3110.408 A3110.409 A3110.411 A3110.421 A3110.422 A3110.425 A3110.447 A3110.101 A3110.104 A3112.105 A3112.102 A3112.101

320 365 80 9,740 15 1,110 25 1,180 18,170 4,075 75 2,345 2,460

A3114.102 A3114.105 A3114.106 A3114.107 A3114.407 A3114.448 A3140.101 A3140.102 A3140.105 A3140.106 A3140.401 A3140.409 A3141.105 A3141.107 A3141.402 A3141.806 A3142.102 A3142.105 A3142.802

1,390 420 2,000 245 110 120 30,215 1,250 100 3,420 340 2,000 550 50 10 5 160 735 1,335

A3143.102 A3143.104 A3143.802 A3143.803 A3143.804 A3143.806 A3150.107 A3150.201 A3150.401 A3150.408 A3150.409 A3310.408 A3410.101 A3410.103 A3640.102 A3640.106 A3640.415 A3640.422 A4010.101 A4010.102 A4010.105 A4010.106 A4010.107 A4010.404 A4010.407

90 65 1,070 5 80 5 3,940 160 85 1,290 15 25 2,885 985 170 3,190 170 45 3,550 5,565 350 7,025 525 3,705 690

FROM: A3110.107 A3110.203 A3110.205 A3110.403 A3110.407 A3110.413 A3110.415 A3110.416 A3110.419 A3110.424 A3112.103 A3112.106 A3112.107 A3112.201 A3112.401 A3112.408 A3112.421

1,735 175 15,035 2,900 985 1,580 2,360 310 725 500 1,760 1,000 840 250 130 320 580

A3114.408

4,285

A3140.104 A3140.402 A3140.413 A3140.419 A3140.413

22,375 3,550 8,610 790 2,000

A3141.102 A3142.101 A3142.104 A3142.106 A3142.416

615 930 695 165 440

A3143.101

1,315

A3150.106 A3310.409 A3410.203 A3410.406

5,490 25 2,695 1,175

A3640.447 A4010.103 A4010.104 A4010.201 A4010.206 A4010.402 A4010.403 A4010.405

3,575 1,750 3,840 645 350 2,510 545 2,930

260 LEGISLATORS’ PROCEEDINGS

Health (cont.)

Health - Nurses

Family Planning Long Term Health

Health - IHAP Bioterrorism

WIC Mental Health Adm.

Mental Health - Adult ICM

TO: A4010.408 A4010.465

4,985 55

A4011.402 A4011.403 A4011.404 A4011.421 A4011.422 A4011.456 A4011.459 A4011.460 A4011.462 A4011.463 A4035.409 A4035.458 A4040.102 A4040.103 A4040.104 A4040.105 A4040.106

360 375 105 990 3,090 18,925 10,770 3,500 19,530 1,480 25 500 3,480 1,855 2,715 3,965 380

A4052.403 A4189.405 A4189.408 A4189.456 A4190.206 A4190.456 A4310.101 A4310.102 A4310.106 A4310.201 A4310.405 A4310.409 A4310.412 A4310.420 A4310.456 A4310.461 A4310.802 A4310.803 A4310.804 A4310.805 A4312.101 A4312.102 A4312.405 A4312.422 A4312.457 A4312.803 A4312.804 A4312.805 A4312.806

30 3,400 230 1,920 225 1,205 6,420 370 65 270 1,475 6,030 340 75 19,172 7,365 205 960 270 40 9,850 165 470 250 2,730 425 220 35 285

FROM: A4010.406 A4010.409 A4010.414 A4010.415 A4010.416 A4010.419 A4010.422 A4010.424 A4010.457 A4010.463

1,170 1,895 180 655 1,040 550 3,140 500 150 4,600

A4011.101

59,125

A4035.405 A4040.101 A4040.401 A4040.402 A4040.403 A4040.422 A4040.457 A4040.461A A4040.462 A4040.464 A4052.405

525 1,465 100 200 300 240 450 85 290 9,265 30

A4189.201

5,550

A4190.401

1,430

A4310.458 A4310.459 A4310.460 A4310.101 A4312.105 A4312.106 A4312.107 A4312.201 A4312.204 A4312.402 A4312.407 A4312.411 A4312.412 A4312.416 A4312.424

6,300 1,300 11,572 23,885 1,560 2,340 590 4,355 2,200 255 670 645 665 950 200

261 LEGISLATORS’ PROCEEDINGS

Mental Health Reinvestment Mental Health - ICM

Social Services Adm.

Social Services - CAP

Economic Development

Veterans

Consumer Affairs

OFA - Nutrition

OFA - Support Services

OFA - SR Employment OFA - State LTCOP

OFA - Community Serv. Elderly

TO: A4315.458 A4315.463 A4316.102 A4316.106 A4316.802 A4316.803 A4316.804 A4316.805 A4316.806 A6010.101 A6010.102 A6010.105 A6010.409 A6010.421 A6010.403 A6010.405 A6010.406 A6010.480 A6011.102 A6011.103 A6011.106 A6011.107 A6430.107 A6430.416 A6430.474 A6510.101 A6510.102 A6510.104

1,615 515 1,520 2,920 40 170 50 10 25 92,035 5,755 5,855 600 785 1,200 750 130 17,000 630 1,195 560 810 630 5 365 1,310 675 1,090

FROM:

A6610.101 A6610.102 A6610.104 A6610.409 A6610.419 A6772.102 A6772.103 A6772.106 A6772.422 A6773.102 A6773.103 A6773.106 A6773.107 A6773.804 A6773.401 A6773.402 A6773.405 A6774.401 A6775.101 A6775.105 A6775.107 A6776.101 A6776.102 A6776.103 A6776.106 A6776.107 A6776.802 A6776.803 A6776.804 A6776.401

3,885 250 20 10 5 560 55 880 600 395 15 410 390 10 350 1,300 60 200 35 50 15 415 200 10 75 315 5 10 25 300

A4315.456

2,130

A4316.101 A4316.457 A6010.103 A6010.104 A6010.106 A6010.107 A6010.201 A6010.401 A6010.407

2,235 2,500 6,000 56,955 6,640 28,765 4,405 2,265 19,080

A6011.105

3,195

A6430.106 A6430.102 A6510.105 A6510.106 A6510.107 A6510.401 A6510.402 A6510.405 A6510.407 A6610.105 A6610.106 A6610.210 A6610.411 A6610.416

950 50 1,085 740 365 190 130 430 135 3,035 935 50 90 60

A6772.101

2,095

A6773.104 A6773.419 A6773.403 A6773.408 A6773.419 A6773.424 A6774.424 A6773.427 A6773.474 A6775.104

1,220 350 300 300 200 400 200 100 60 100

A6776.104 A6776.105 A6776.409

745 155 155

262 LEGISLATORS’ PROCEEDINGS

OFA – Comm. Serv. Elderly (cont.)

OFA – HEAP

OFA – EISEP

OFA – SNAP

OFA - VII Elder Abuse

OFA – HIICA

OFA - Title III D

OFA - Weatherization

OFA - III E Family

Beach and Pool Youth Bureau

TO: A6776.407 A6776.402 A6776.416 A6776.474 A6777.101 A6777.105 A6777.107 A6778.102 A6778.103 A6778.107 A6778.416 A6778.474 A6778.409

100 50 200 50 495 600 30 5 5 25 55 3,530 300

A6779.102 A6779.103 A6779.105 A6779.106 A6779.474 A6779.802 A6779.803 A6779.804 A6779.401 A6779.402 A6779.422 A6779.404 A6781.101 A6781.102 A6781.105 A6781.107 A6781.402 A6781.802 A6781.803 A6781.804 A6782.101 A6782.107 A6782.802 A6782.803 A6782.804 A6783.104 A6783.105 A6783.106 A6783.107 A6783.401 A6783.416 A6784.103 A6784.104 A6784.419 A6784.802 A6784.803 A6784.806 A6784.402 A6786.102 A6786.104 A6786.105 A6786.106 A6786.401 A6786.416 A7180.103 A7310.101

135 55 485 770 415 75 15 30 100 375 60 320 375 90 60 20 20 10 25 10 285 50 5 10 5 10 10 15 5 150 15 55 180 150 35 125 110 265 205 75 495 150 200 50 50 890

FROM: A6776.424 A6776.405 A6776.408 A6776.423

400 50 200 50

A6777.106 A6778.104 A6778.105 A6778.106 A6778.407 A6778.419 A6778.803 A6778.806 A6778.402 A6778.408

1,125 265 215 2,200 50 200 120 570 250 50

A6779.101 A6779.104 A6779.107 A6779.806 A6779.424 A6779.408 A6779.419 A6779.407

955 325 145 555 100 585 100 70

A6781.104 A6781.106 A6781.405 A6781.408 A6781.419

190 80 160 50 130

A6782.104 A6782.105 A6782.416 A6782.419

65 110 30 150

A6783.101

205

A6784.105 A6784.107 A6784.408

300 355 265

A6786.101 A6786.408 A6786.409 A7180.101

925 200 50 50

263 LEGISLATORS’ PROCEEDINGS TO: A7310.102 A7310.106 A7310.107 A7310.401 A7310.419 A7321.104 A7321.803 A7321.804 A7321.805 A7510.103 A7510.484 A8020.492

Youth Bureau (cont.)

Youth Court

Historian Planning Solid Waste

A8160.101 A8160.104 A8160.401 A8160.422 SUBTOTAL A

WIA Title I WIA Adult

ACCDSS Employment

WIA – TITLE I

Welfare to Work

WIA Youth

County Road - Roads/Bridges

County Road - Traffic Control

6,370 70 635 1,390 2,360 48,390 215 5,155 400 4,775 620 3,525

CD16410.102 CD16410.104 CD16410.105 CD16410.106 CD16410.107

1,140 575 3,150 1,970 345 81,085

D5020.201 D5020.202 D5110.101 D5110.102 D5110.105 D5110.106 D5110.409 D5110.411 D5110.422 D3310.102

150 590 6,270 1,990 230 8,980 200 160 4,770 54 23,394

SUBTOTAL D Road Machinery

DM5130.102 DM5130.105 DM5130.107 DM5130.201 SUBTOTAL DM

GRAND TOTAL WITHIN DEPARTMENT TRANSFERS

10,590 165 1,130 6,935 569,794

CD16400.101 CD16400.104 CD16402.102 CD16402.105 CD16402.106 CD16403.101 CD16403.102 CD16403.105 CD16406.102 CD16406.105 CD16406.106 CD16408.101

SUBTOTAL CD1 County Road - Engineering

FROM: 85 45 155 110 75 300 570 90 20 150 380 8,750

190 65 450 150 855 675,128

A7310.105 A7310.402 A7310.414

400 410 550

A7321.101

980

A7510.101 A8020.496 A8020.408

530 8,245 505

A8160.492

18,820 569,794

CD1640.105

6,440

CD16402.101

4,385

CD16403.106

53,760

CD16406.101 CD16408.102 CD16408.105 CD16408.406

5,795 815 935 1,775

CD16410.101

7,180 81,085

D5020.107

740

D5110.408 D3310.106

22,600 54 23,394

DM5130.203

855 855 675,128

264 LEGISLATORS’ PROCEEDINGS

BUDGET TRANSFERS INTERDEPARTMENTAL WITHIN THE SAME FUND, PER RESOLUTION #278-04: TO: FROM: County Administrator A1011.409 85,988 A1011.424 2,859 A1011.447 22,462 Clerk of the Board A1040.105 3,694 Assigned Counsel A1171.430 52,662 A1171.430 10,440 Justice/Constable A1180.429 510 Auditor A1320.01 1 Budget A1340.101 2 Assessments A1355.101 5,027 Human Resources A1430.105 2,396 A1430.401 162 Central Services - UPS A1672.401 103 Community Colleges A2495.421 89,193 Special Education/PHC A2960.409 3,743 A2960.421 61,540 A2960.438 13,915 A2960.440 15,212 A2960.442 80,418 Sheriff A3110.104 11,153 A3110.201 15,840 E911 Dispatch A3112.101 6,185 A3112.104 7,260 Altern. to Incarceration A3142.802 573 A3142.803 570 A3142.804 180 A3142.805 30 Probation – Intens. Sprv. A3143.802 415 A3143.803 488 A3143.804 130 A3143.101 1,650 Jail A3150.101 301,456 A3150.102 29,202 A3150.103 100,635 A3150.104 51,477 A3150.105 22,189 A3150.447 4,210 Other Correction Agen. A3170.447 61,750 Homeland Security A3645.217 5 Health A4010.101 80,316 Health - Long Term A4040.106 3,734 A4040.107 674 A4040.456 55,185 A4040.457A 10,318 A4040.457B 1,404 A4040.460 20,020 A4040.461 1,400 A4040.461B 983 A4040.463 2,193 Health – EIP A4060.456 29,059 Council - Alcoholism A4220.456 10,286 Mental Health - Adult ICM A4311.457 718 Mental Health - YouthICM A4312.806 2,241 Mental Health - Hygiene A4390.456 12,998 Bus Transportation A5630.465 167,549 Day Care A6055.475 164,802 DSS - Aid to Dependants A6109.474 233,000 Economic Development A6430.101 2,765

265 LEGISLATORS’ PROCEEDINGS

Veterans Consumer Affairs OFA – Sr. Employment

OFA – EISEP OFA – SNAP OFA - VII Elder Abuse OFA – Weatherization

Other Recreation Historian County Reforest. TAN Interest RAN Interest Hospital and Med. Ins. SUBTOTAL A

TO: A6510.101 A6510.407 A6610.102 A6610.422 A6774.101 A6774.102 A6774.105 A6774.106 A6774.107 A6774.802 A6774.803 A6774.804 A6778.101 A6779.474 A6781.101 A6784.101 A6784.102 A6784.106 A6784.804 A6784.806 A7185.483 A7510.102 A7510.104 A8710.409 A8710.427 A9760.600 A9770.700 A9060.806

FROM: 3,726 125 107 306 1,728 80 72 87 32 22 151 64 1,067 2,864 32 423 320 1,298 39 110 119,435 1,668 2,164 16,448 199 11,484 73,731 777,755 2,880,907

Unemployment SUBTOTAL CS

CS9050.807

Administration

CSH1710.429

131,150

Administration Medical Drugs SUBTOTAL CSH

CSH1710.429 CSH9061.806 CSH9063.806

4,811 496,703 307,317 939,981

Debt Service V09.2801.00 SUBTOTAL V GRAND TOTAL INTERDEPARTMENTAL TRANSFERS

Dated: December 31, 2004

6,405 6,405

138,000 138,000

Services - Recipients Medical Asst. DSS - Child Care DSS - Child Care DSS - Home Relief DSS - Home Relief DSS - Home Relief DSS - Home Relief State Fuel Crisis State Retirement Disability Workers’ Comp. Social Security

A6070.474 A6101.474 A6119.474 A6119.474 A6140.474 A6140.474 A6140.474 A6140.474 A6141.474 A9010.802 A9055.805 A9040.804 A9030.803

Judgements

CS1930.429

Excess Insurance In Lieu of Insurance

CSH1722.429 CSH9064.806

123,825 7,325

Interfund Rev.General

CSH09.2801.16

808,831 939,981

Debt Service

V12.5031.00

138,000 138,000

3,965,293

38,845 639,925 233,000 440,310 35,885 47,931 10,565 4,036 1,078,310 289,000 13,500 31,600 18,000 2,880,907 6,405 6,405

3,965,293

Terri L. Ross, Allegany County Treasurer RESOLUTION NO. 279-04

APPROVAL OF AGREEMENT WITH H & V RISK CONSULTANTS FOR INSURANCE ADVICE AND SERVICES Offered by:

Personnel Committee

RESOLVED: 1. That Agreement for the period January 1, 2005 to December 31, 2005, with H & V Risk Consultants to provide insurance advice and services is approved; the Chairman of this Board being authorized to execute such Agreement.

266 LEGISLATORS’ PROCEEDINGS

Moved by: Mr. Russo Seconded by: Mr. Dibble

Adopted: Roll Call 10 Ayes, 3 Noes, 2 Absent (Voting No: Regan, Sherman, Sobeck)

(Memo: The Agreement with H & V Risk Consultants approved in Resolution No. 279-04 includes a fee of $10,000 for 2005 which has not changed over the previous five years.) RESOLUTION NO. 280-04 ACCEPTANCE OF THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE GRANTS; APPROVAL OF AMENDMENT CONTRACT NUMBERS C-000862 AND C-001156 BETWEEN COUNTY OF ALLEGANY AND GOVERNOR OF THE STATE OF NEW YORK; AUTHORIZING CHAIRMAN TO SIGN AMENDMENT CONTRACTS Offered by:

Public Safety and Finance Committees

RESOLVED: 1. That the sum of $44,000 from the Governor’s Traffic Safety Committee is accepted. 2. That Amendment Contract Numbers C-000862 and C-001156 between the County of Allegany and the Governor of the State of New York, are approved; the Chairman of this Board being authorized to execute said Contracts. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: The contract amendments approved in Resolution No. 280-04 are for a grant for $30,000 for Sharing Roads Safely 2 and a grant for $14,000 for the Allegany Buckles Up Children [A.B.C.] Coalition.) RESOLUTION NO. 281-04 APPROVAL OF FINAL 2005 ALLEGANY COUNTY PLAN UNDER COUNTY SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED; AUTHORIZING STOP DWI COORDINATOR TO ENTER INTO AGREEMENTS FOR SERVICES Offered by:

Public Safety Committee

Pursuant to Vehicle and Traffic Law § 1197 RESOLVED: 1. That the final Allegany County 2005 STOP DWI Plan is approved and shall replace on and after January 1, 2005, the Plan approved by Resolution No. 240-2003. 2. That the STOP DWI Coordinator is authorized to enter into agreements with Towns and Villages who wish to participate in the STOP DWI Program; all such agreements to be in accordance with the approved Plan. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: The STOP DWI Plan approved by Resolution No. 281-04 includes estimated revenue for the program year along with funds available from the previous year, together totaling $141,468. This program is funded entirely by DWI fines.)

267 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 282-04 APPROVAL OF RENEWAL AGREEMENT WITH COUNTY OF ONEIDA TO PROVIDE SERVICES FOR ALLEGANY COUNTY PRISONERS HELD AT THE CENTRAL NEW YORK PSYCHIATRIC CENTER FORENSIC UNIT Offered by:

Public Safety Committee

RESOLVED: 1. That Renewal Agreement between the County of Allegany and the County of Oneida, to provide in-patient psychiatric services for Allegany County prisoners held at the Central New York Psychiatric Center Forensic Unit, is approved. 2. That the Chairman of this Board and the Allegany County Sheriff are authorized to execute said Agreement. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: The Renewal Agreement approved by Resolution No. 282-04 provides Oneida County Sheriff Office security of Allegany County Jail inmates receiving mental health treatment at the Central New York Psychiatric Center in Marcy, New York. The period covered is January 1, 2005 through December 31, 2006. The fee is $125 per day when an Allegany County inmate is admitted to the Center.) Resolution Intro. No. 304-04 (Approval of Amendment of Court Security Agreement Between the New York State Unified Court System and the Allegany County Sheriff’s Department) was amended on a motion by Legislator Bennett, seconded by Legislator Reynolds and carried, by deleting the words “Amendment of” in the title and the words “amendment of an” under Resolved No. 1. RESOLUTION NO. 283-04 APPROVAL OF COURT SECURITY AGREEMENT BETWEEN THE NEW YORK STATE UNIFIED COURT SYSTEM AND THE ALLEGANY COUNTY SHERIFF'S DEPARTMENT Offered by:

Public Safety Committee

RESOLVED: 1. The agreement for the period April 1, 2004, through March 31, 2009, between the New York State Unified Court System and the Allegany County Sheriff's Department for the provision of Court Security, is approved; the Allegany County Sheriff being authorized to execute such Renewal. Moved by: Mr. Reynolds Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: Regarding the Court Security Agreement approved by Resolution No. 283-04, the reimbursement for the initial period [04/01/04 through 03/31/05] is set at $208,949.)

268 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 284-04 APPROVAL OF RENEWAL AGREEMENT BETWEEN THE NEW YORK STATE UNIFIED COURT SYSTEM AND COUNTY OF ALLEGANY FOR MAINTENANCE AND OPERATION OF COURT FACILITIES FOR THE STATE FISCAL YEAR 2004-2005 Offered by:

Public Works Committee

RESOLVED: 1. That Renewal Agreement between the New York State Unified Court System and County of Allegany, in relation to cleaning services for the interior of the Allegany County Courthouse as well as minor and emergency repairs to that facility for the period April 1, 2004 to March 31, 2005, is approved; the Chairman of the Board of Legislators being authorized to execute such Renewal Agreement. Moved by: Mr. Graffrath Seconded by: Mr. Bennett

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: The new renewal period under the current agreement for maintenance of court facilities approved by Resolution No. 284-04 involves reimbursement of $100,542.) A motion was made by Legislator Graffrath, seconded by Legislator Bennett and carried, to vote on all four of the Agreements involving disposal of County landfill leachate (Resolution Intro. Nos. 306-04 through 309-04) with one vote. (The resulting Resolutions are numbered 285-04 through 288-04 and will each include the roll call vote, even though it was only taken once.) RESOLUTION NO. 285-04 APPROVAL OF AGREEMENT WITH THE TOWN OF CANEADEA IN RELATION TO THE DISPOSAL OF COUNTY LANDFILL LEACHATE AT TOWN OF CANEADEA HOUGHTON WASTE WATER TREATMENT PLANT; AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENT Offered by:

Public Works Committee

RESOLVED: 1. That Agreement between the County of Allegany and the Town of Caneadea, in relation to the County's disposal of leachate at the Town of Caneadea Houghton waste water treatment plant, is approved. 2. That the Chairman of this Board is authorized to execute the Agreement. Moved by: Mr. Graffrath Seconded by: Mr. Nielsen

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

269 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 286-04 APPROVAL OF AGREEMENT WITH THE VILLAGE OF CUBA IN RELATION TO THE DISPOSAL OF COUNTY LANDFILL LEACHATE AT VILLAGE OF CUBA WASTE WATER TREATMENT PLANT; AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENT Offered by:

Public Works Committee

RESOLVED: 1. That Agreement between the County of Allegany and the Village of Cuba, in relation to the County’s disposal of leachate at the Village of Cuba waste water treatment plant, is approved. 2. That the Chairman of this Board is authorized to execute the Agreement. Moved by: Mr. Graffrath Seconded by: Mr. Nielsen

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 287-04 APPROVAL OF AGREEMENT WITH THE TOWN OF FRIENDSHIP IN RELATION TO THE DISPOSAL OF COUNTY LANDFILL LEACHATE AT TOWN OF FRIENDSHIP WASTE WATER TREATMENT PLANT; AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENT Offered by:

Public Works Committee

RESOLVED: 1. That Agreement between the County of Allegany and the Town of Friendship, in relation to the County’s disposal of leachate at the Town of Friendship waste water treatment plant, is approved. 2. That the Chairman of this Board is authorized to execute the Agreement. Moved by: Mr. Graffrath Seconded by: Mr. Nielsen

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

RESOLUTION NO. 288-04 APPROVAL OF AGREEMENT WITH THE VILLAGE OF WELLSVILLE IN RELATION TO THE DISPOSAL OF COUNTY LANDFILL LEACHATE AT VILLAGE OF WELLSVILLE WASTE WATER TREATMENT PLANT; AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENT Offered by:

Public Works Committee

RESOLVED: 1. That Agreement between the County of Allegany and the Village of Wellsville, in relation to the County's disposal of leachate at the Village of Wellsville waste water treatment plant, is approved. 2. That the Chairman of this Board is authorized to execute the Agreement. Moved by: Mr. Graffrath Seconded by: Mr. Nielsen

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

270 LEGISLATORS’ PROCEEDINGS RESOLUTION NO. 289-04 APPROVAL OF AGREEMENT WITH SIMONSEN ENTERPRISES IN RELATION TO DEER CARCASS REMOVAL SERVICES; AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENT Offered by:

Public Works Committee

RESOLVED: 1. That Agreement between the County of Allegany and the Simonsen Enterprises in relation to Deer Carcass Removal Services is approved. 2. That the Chairman of this Board is authorized to execute the Agreement. Moved by: Mr. Graffrath Seconded by: Mr. Sherman

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: The Agreement for deer carcass removal services approved in Resolution No. 289-04 covers the two-year period of 2005 and 2006. The contractor will be paid $32.50 per pickup and shall not exceed $10,000 total payment each year. Legislator Burdick requested that a copy of the Resolution be sent to New York State requesting they enter into similar agreements.) RESOLUTION NO. 290-04 APPROVAL OF AGREEMENT WITH MAXIMUS, INC. TO PREPARE COUNTY-WIDE COST ALLOCATION PLAN AND RELATED INDIRECT COST RATE PROPOSALS FOR 2004 AND 2005 FOR FEDERAL AID Offered by:

Ways and Means Committee

RESOLVED: 1. That Agreement with the firm of MAXIMUS, Inc., which provides for the payment of $14,400 to the firm to prepare a countywide cost allocation plan and related and indirect cost rate proposals for 2004 and 2005 for Federal aid, is approved. 2. A1040.4.

That the Agreement cost shall be charged to Account No.

3. That the Chairman of this Board is authorized to execute said Agreement, in triplicate, and thereafter to file one executed copy with the Clerk of this Board and send one executed copy to the firm. Moved by: Mr. Nielsen Seconded by: Mr. Graffrath

Adopted: Roll Call 13 Ayes, 0 Noes, 2 Absent

(Memo: The cost of the Agreement with Maximus approved by Resolution No. 290-04 will be split between the two years [$7,200 each year] and remains the same as the previous contract.) AUDITS: A motion was made by Legislator Reynolds, seconded by Legislator Bennett and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Nielsen, seconded by Legislator Dibble and adopted on a roll call vote of 12 Ayes, 1 No, 2 Absent,

271 LEGISLATORS’ PROCEEDINGS that the audit of claims be approved for payment as recommended by the County Administrator. (Voting No: Sobeck.) The meeting was adjourned. -------CERTIFICATE OF JOURNAL LEGISLATIVE CHAMBERS BELMONT, NEW YORK STATE OF NEW YORK COUNTY OF ALLEGANY

SS:

Pursuant to the provisions of law, we do hereby certify that this Journal was printed by authority of the Board of Legislators of Allegany County and the foregoing contains a true record of the Proceedings of said Board and the whole thereof, at all Regular and Special Sessions held during the year 2004. JAMES G. PALMER, Chairman BRENDA A. RIGBY, Clerk --------

272 LEGISLATORS’ PROCEEDINGS

COUNTY TREASURER 2004 ANNUAL REPORT Pursuant to Resolution No. 123-85 of the Board of Legislators and requirements of the Governmental Accounting Standards Board (GASB) Statement 34, the following titled portions of each Allegany County Treasurer’s annual report shall be the only portions printed in the annual printed volume of the “Proceedings of the Board of Legislators of Allegany County, New York,” to wit: a. b. c. d. e. f. g. h.

Management’s Discussion and Analysis Statement of Net Assets Statement of Activities Balance Sheet, Governmental Funds Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Assets Statement of Revenues, Expenditures and Changes in Fund Balances, Governmental Funds Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities Notes to Financial Statements

Each annual report of the Allegany County Treasurer, in its entirety, is on file in the Office of the Clerk of the Board of Legislators.

273 ANNUAL REPORTS

(Pages 273–305 included the Treasurer’s Annual Audit Report in the printed “hard copy” version of this Journal of Proceedings. The same information can be found on the CD version in a separate file (Adobe format), pages 2-19 and 26-40.)

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OFFICE FOR THE AGING 2004 ANNUAL REPORT The Allegany County Office for the Aging (ACOFA) is the identified focal point through which aging programs are funded and integrated. The ACOFA plans, coordinates and advocates the development of comprehensive and coordinated service delivery systems for all elderly, and provides limited funds for services directed at those elderly with the greatest economic or social need. Eighteen percent of Allegany County’s population is over age 60. The Office for the Aging is committed to helping Allegany County residents over age 60 remain productive, independent, and maintain personal integrity.

The budget total for the ACOFA The County share of that total was Contributions to the agency were SERVICES NUTRITION Total meals served Meals-on-wheels Congregate meals EISEP IN-HOME SERVICES Homemaker/Personal Care Housekeeper/Chore Case Management TRANSPORTATION LEGAL HEAP IN-HOME CONTACT & SUPPORT INFORMATION & ASSISTANCE HEALTH PROMOTION CAREGIVER SERVICES

2004 $1,237,722 $301,753 $234,707

2003 $1,223,034 $316,952 $221,154

2002 $1,237,930 $326,096 $198,522

2004

2003

2002

113,391 91,219 22,172

116,079 91,810 24,269

120,045 94,776 25,269

2,689 hrs 5,363 hrs 1,093 hrs 3,115 rides 54 hrs 898 apps 4,183 contacts

2,401 hrs 5,055 hrs 1,112 hrs 3,169 rides 161 hrs 984 apps 4,258 contacts

2,098 hrs 5,269 hrs 1,062 hrs 3,726 rides 64 hrs 1,024 apps 4,308 contacts

11,350 contacts 379 programs 206 contacts

10,538 contacts 171 programs 190 contacts

10,486 contacts 298 programs 714 contacts

OTHER ACTIVITIES Two monthly Caregiver Support Groups, Exercise Programs, Senior Forum, Senior Picnic, Long Term Care Ombudsman, Silver Linings Newsletter, Training Programs, Nutrition Education, Blizzard Boxes, Farmer’s Market Coupon Distribution, Fair Booth, Tax Preparation Clinics. A full text of the activities of the Office for the Aging is on file in the Office of the Board of Legislators, Allegany County Office Building, Belmont, New York. Respectfully submitted, Kimberley Toot, Director

307 ANNUAL REPORTS

COMMUNITY SERVICES 2004 ANNUAL REPORT The Allegany County Office of Community Services consists of two major divisions. The first is the Local Governmental Unit (LGU) that receives money from the New York State Agencies and contracts for services with local providers. The second part of Community Services provides services within the County and also regulatory oversight of other mental hygiene programs. The Office is under the direction of the Community Services Board (CSB). This Board is comprised of fifteen members appointed by the Legislature (two of whom are County Legislators). The Board is organized with three sub-committees, one for each of the disability groups: Mental Retardation Developmental Disability (MRDD); Chemical Dependence (OASAS); and Mental Health (OMH). These sub-committees work with the CSB and the Director of Community Services (DCS) to provide local planning that ensures the most efficacious delivery of services to Allegany County residents. The Human Services Committee of the County Legislature reviews all proposals, programs and policies. As the executive officer of the CSB, the DCS is responsible to recommend policy positions to the Board and to implement existing policies. The Director also engages in contract management with direct contract agencies and must assure the contractual, budgetary, and regulatory compliance of these agencies. The Office is also responsible to receive and process monthly expenditures and reimbursement claims from the contract agencies and to complete the quarterly state aid claim process. During 2004, Allegany County maintained contracts with the following agencies: ACCORD; Allegany Council on Alcoholism and Substance Abuse; Allegany County ARC; Allegany County Mental Health Association; ARA; Finger Lakes Parent Network; Housing Options Made Easy; and Steuben Churchpeople Against Poverty. In addition, the CSB authorized financial support to: Pathways, Inc. for a children’s day treatment program; Literacy Volunteers for providing education; and the Allegany County Sheriff’s Department for medications. Allegany County Community Services ensures appropriate, coordinated services to County residents needing mental hygiene services. In addition to the oversight of the contractual agencies, direct services are provided through Intensive Case Management (ICM), SPOA and chemical dependence evaluations for the Department of Social Services. In the area of prevention, Community Services offers Common Sense Parenting classes open to all residents and taking referrals from other agencies. Ten courses have been completed including four courses tailored specifically for toddlers and preschoolers. Three of these were provided at locations in the community: Belfast and Genesee Valley Schools and the Friendship House Community Resource Center. Others were conducted at the Community Services offices in Wellsville. The Community Services Department maintains very collaborative and cooperative relationships with other County Departments and Human Service Agencies in the County. In the area of Mental Hygiene, Allegany County residents continue to receive outstanding services from dedicated providers. Robert W. Anderson, Ph.D., Director

308 LEGISLATORS’ PROCEEDINGS

CORNELL COOPERATIVE EXTENSION 2004 ANNUAL REPORT Cornell Cooperative Extension of Allegany County continued to maintain and expand programming efforts during the past year. Sharing more program staff with Cattaraugus, Wyoming, and Chautauqua Counties has enabled Extension to provide excellent, well attended programs for the residents of Allegany County. Allegany County continued to partner with Orleans, Genesee, Niagara, Erie, Wyoming, Chautauqua, and Cattaraugus Counties as part of the Western Region Family Life Program. This partnership provides major cost savings in ongoing staff training. Under the umbrella of Nutrition, Health and Safety, over 7,267 individuals from all economic backgrounds completed Healthy, Wealthy, and Wise programs on issues of daily living skills, parenting, budgeting, long term care, retirement, decision making, food security, food affordability, food safety and nutrition education. A strong emphasis was placed on obesity, particularly childhood obesity, and related health risks. The Worksite Wellness Program has become a mainstay in Allegany County with 30 employers continuing to participate in this popular annual program. The Environmental and Natural Resource Enhancement Program Area enlisted and trained an additional nine Master Gardeners to add to the previously trained 23 volunteer Master Gardeners to assist in the expansion of the horticultural resources in the County. Programs were presented on Municipal and Public Forestry, Environmental and Forestry Stewardship, Growing and Pruning Apple Trees, Tree Planting, Consumer Landscape and Gardening, and Ponds and Water Quality. The Children, Youth and Family Well-Being Initiative encompasses Human Development, Youth Development and the 4-H Program. The 575 Allegany County youth enrolled in the 4-H Program experienced a variety of activities that promote positive youth development. 1,288 Allegany County youth participated in programs that promote healthy eating and exercise. The Grass-Based Poultry Production Program, supported by a $9,310 SARE Grant, addressed the lack of poultry processing facilities by assembling a portable demonstration lab for processing poultry. 4,175 meat birds were processed by 18 farmers using the portable processor in 2004. Enrollment in Cooperative Extension’s Rural Landowner Conference remained solid with 500 participants taking part in a full day of workshop options. Other 2004 program topics included Maple School, Farm Business Management, Organic Dairy Production, Farm Bookkeeping, Integrated Pest Management, and Sand Bedding. Respectfully submitted, Dianne Baker, Regional Director

309 ANNUAL REPORTS

CORONERS 2004 ANNUAL REPORT CORONERS:

L. Herbert Williams 21 N. Genesee Street Fillmore, NY 14735 Ted Crowell 296 N. Main Street Wellsville, NY 14895 Rex McIntosh 24 Genesee Street Cuba, NY 14727 David Schwert PO Box 4 Houghton, NY 14744

The above listed Coroners investigated a total of 35 deaths in 2004 and were compensated $8,600. Funeral homes charges totaled $3,685. Coroners were also compensated for miscellaneous expenses such as mileage, telephone, and supplies totaling $7,253.46. The following physician assisted the Coroners in signing death certificates and was compensated $150. Richard Gulati, MD The Health Department contracts with Monroe County Health Department to perform autopsies. The Examiners’ Office performed 35 autopsies in 2004 and was reimbursed $24,229. Gary W. Ogden, MD Public Health Director

310 LEGISLATORS’ PROCEEDINGS

COUNTY ADMINISTRATOR 2004 ANNUAL REPORT A substantial amount of time was devoted in 2004 to activities surrounding the construction of the Public Safety Complex. In the early part of 2004, I worked closely with L. Robert Kimball & Associates who had been retained to design the facility along with L.P. Ciminelli who had been retained as the Construction Manager for the project. Final design details were concluded in May 2004 and the project went to bid in the summer. The project was budgeted at $23.7 million and at the conclusion of the bidding process, the preliminary construction cost was pegged at $22.9 million. Throughout the remainder of the year, I continued to work closely with L.P. Ciminelli staff in working out contract and insurance requirements with successful bidders and discussing/approving change orders pertaining to construction of the facility. During the Spring and Summer months I was involved with former DSS Commissioner Cherre and Interim Commissioner Schmelzer in resolving a billing dispute between the County and Medical Transportation Management, Inc. which had been contracted to provide transportation services for Medicaid recipients. After months of negotiations we were able to resolve the matter resulting in a savings to the County of approximately $77,000 in 2004. In April, Deputy Budget Officer Terri Ross and I began to work with the newly impaneled Finance Committee in preparation of the County Tentative Budget for 2005. Over the course of the Summer and Fall we worked very closely with the Finance Committee which gave input into the creation of the Tentative Budget; a process which had not occurred in the past. In addition, Ms. Ross and I worked with the Finance Committee in its desire to more closely monitor the status of 2004 departmental budgets. In the Summer I participated with the Human Services Committee in the selection of an individual to replace Margaret Cherre who resigned as Commissioner of the Department of Social Services in April. Ultimately, the Committee recommended Patricia Schmelzer to fill the position. Ms. Schmelzer, who started her career in the department as a Typist in the mid-1970’s, had worked in various capacities within the department, most recently as the Deputy Commissioner. Throughout the year I met frequently with Mr. David Allardice who serves on a contractual basis as the County’s financial advisor. These meetings were held to discuss a variety of topics including the County’s current financial status, future borrowing needs and strategies to normalize the County’s future financial status. In the Fall I began to work with LaBella Associates, an engineering firm headquartered in Rochester, New York, who had been retained to design an extension of the Village of Belmont water system to the Public Safety Complex. This measure will require the creation of a County Water District and the submission of numerous documents to the Office of the New York State comptroller. Throughout the year I attended a vast majority of Standing Committee meetings and every Legislative Board meeting. I continued my involvement as Vice Chair of the Southern Tier Rail Authority and Vice Chair of the Southern Tier West Regional Planning and Development Board. A significant amount of time was also devoted to the Cattaraugus/Allegany Workforce Development Board where I serve on the Executive, Personnel and Finance Committees. At the close of the year I worked with Chairman James G. Palmer in discussions with officials from the New York State Office of Court Administration in their quest to encourage the County to address overcrowding concerns and other issues involving the County Judicial System. Respectfully submitted, John E. Margeson, County Administrator

311 ANNUAL REPORTS

COUNTY ATTORNEY 2004 ANNUAL REPORT The Allegany County Attorney's Office saw substantial increases in the volume of work handled by the Office in 2004. The following legislation, instruments and documents were prepared, reviewed and/or approved: a. b. c. d. e. f.

290 Resolutions and 6 Local Laws. 289 Agreements were prepared and reviewed for various Departments. Prepared 73 tax deeds requiring examination of 312 title searches. Prepared 229 confessions of judgments for the Department of Social Services. Prepared 498 child support satisfactions of judgment. Prepared 9 discharges of mortgages.

Other significant matters requiring consultations, legal research, meetings and preparation of documents in 2004 included changes to Allegany County Solid Waste Local Law, Solid Waste Management Rules and Regulations and repealing Local Law No. 2-2000. The following extensive Family Court work was performed: a. b. c.

Preparation/prosecution of 37 juvenile delinquency cases. Preparation/prosecution of 108 Persons In Need of Supervision cases. Preparation/prosecution of 266 neglect and child abuse cases.

The Allegany County Support Collection Unit collected a total of $5,863,721 for calendar year 2004. Of that amount collected, $377,872 will reimburse public assistance grants. The number of paternity cases established in calendar year 2004 was 217. The Office assisted the Department of Social Services in the collection of more than $1 million in revenues from accident and estate liens. In addition to the receipt of $250,655 of anticipated revenues, this Office received unanticipated revenues of $67,561.25 for legal services rendered to the Social Services Department, Health Department, Public Works Department and STOP DWI Office. Thus, total 2004 revenues were $318,216.25, an increase of approximately $13,664.41 from 2003. Respectfully submitted, Daniel J. Guiney, Allegany County Attorney

312 LEGISLATORS’ PROCEEDINGS

COUNTY CLERK 2004 ANNUAL REPORT I herewith submit my report as County Clerk for the fiscal year beginning January 1, 2004, to and including December 31, 2004. RECEIPTS Recording Documents .............................................................................................. $208,064.22 Copies........................................................................................................................... 26,046.55 UCCs ............................................................................................................................. 3,775.00 Filing Papers ................................................................................................................ 30,009.00 All Other Services .......................................................................................................... 1,911.15 Voluntary Surrenders of Registrations........................................................................... 3,744.00 Automobile Registrations and Operator's Licenses, etc. ........................................... 138,714.04 Passports......................................................................................................................... 9,210.00 Additional Mortgage Tax ........................................................................................... 191,368.53 Record Management & Cultural Education Fund ......................................................... 8,061.00 Auto Use Tax ............................................................................................................. 283,552.88 Total .............................................................................................................. $904,456.37 All of the above fees have been paid to the County Treasurer. Receipts are on file.

MORTGAGE TAX Mortgage Tax Collected........................................................................................... $863,668.44 Paid to County Treasurer (basic tax) ................................ $460,026.94 Paid to County Treasurer (additional tax)........................... 191,368.53 *Clerk Hire................................................................................. 300.00 Paid to New York State Mortgage Agency ....................... 211,972.97

___________

$863,668.44

$863,668.44

TRANSFER TAX Total Transfer Tax Collected ................................................................................... $245,520.00 *Paid to County Treasurer .................................................. $ 2,712.00 Paid to N.Y.S. Tax Commission ........................................ 242,808.00

___________

$ 245,520.00

$245,520.00

313 ANNUAL REPORTS

EQUALIZATION & ASSESSMENT FORMS Total Equalization & Assessment Fees Collected ................................................... $145,085.00 Paid to County Treasurer ...................................................... 19,908.00 Paid to N.Y.S. Equal. & Assessment .................................. 125,177.00

___________

$145,085.00

$145,085.00

RECORD MANAGEMENT & CULTURAL EDUCATION FUND Total Record Management & Cultural Education Fund .......................................... $161,220.00 Paid to County Treasurer .................................................... $ 8,061.00 Paid to N.Y.S. Tax Commission ........................................ 153,159.00

___________

$161,220.00

$161,220.00

MOTOR VEHICLE DEPARTMENT Total Motor Vehicle Fees Collected ..................................................................... $1,207,249.72 Auto Use Tax ............................................................................................................. 283,552.88 New York State Sales Tax Collected ......................................................................... 359,880.33 Interest Collected on Sales & Use Tax ....................................................................... 72.65 Total ........................................................................................................... $1,850,755.58 Paid to County Treasurer: Registration and License Fees ........................................ $ 138,714.04 Voluntary Surrenders of Registrations ................................... 3,744.00 Auto Use Tax ...................................................................... 283,552.88 *Fees for Collecting Sales Tax ............................................... 4,676.00 *1/2 Interest Collected .......................................................... 36.30 Total ................................................................................ $ 430,723.22 Deposited in N.Y.S. Department of Motor Vehicle Account ... $1,064,791.68 Remitted to N.Y.S. Sales Tax Bureau............................................ 355,204.33 1/2 Interest Collected & Remitted to N.Y.S. Sales Tax Bureau ..... 36.35 Total ............................................................................... $1,420,032.36

314 LEGISLATORS’ PROCEEDINGS

CLERK OF COURT Clerk of Court Monies Collected ........................................................................... $ 226,052.00 *Paid to County Treasurer ............................................... $ 19,500.00 Paid to N.Y.S. Tax Commission ..................................... $ 206,552.00 Total ................................................................................ $ 226,052.00

NOTARY PUBLIC Total Notary Public Monies Collected ........................................................................... $ *Paid to County Treasurer ...................................................... $ Paid to N.Y.S. Dept. of State ..................................................

.00 .00

.00

___________

$ .00 $ Services rendered without fee from January 1, 2004 through December 31, 2004.

.00

County of Allegany ........................................................................................ $ 37,449.63 State of New York .......................................................................................... 64,314.20 $101,763.83

*Included in Receipts under "Filing Papers".

Dated: January 31, 2005 Respectfully submitted, Robert L. Christman, Clerk of Allegany County

315 ANNUAL REPORTS

COUNTY HISTORIAN 2004 ANNUAL REPORT Many changes took place in our County in 2004. Of the major news stories in our County, the one generating the most interest was the federal government’s supposed anthrax investigation in late summer in Wellsville. The second major story was the Adelphia fraud case involving the Rigas family. The third major story was the first County death from the Iraq War, that of Cpl. Jason Dunham from Scio. My office served just over 500 people conducting genealogical and/or local historical research. I answered about 15 such letters and another 25 or so electronic requests. Over 100 slide programs were presented to local groups and organizations. The major historical event of 2004 was the formation of a committee to plan the celebration of our County Bicentennial Anniversary in 2006. Our actual birth date is April 7, 1806. The highlight celebration is being planned for May 20, 2006 with celebratory events culminating in a huge parade in Angelica, our first County Seat. Legislator Sue Myers from Friendship is the Bicentennial Committee Chairperson. For the eighteenth year, my office has been blessed with the placement of a Green Thumb/Experience Works employee, Mr. Frank O’Brien from Scio. His faithful dedication to the job of recording births, marriages and deaths from the microfilm copies of our long defunct local weekly newspapers provides a valuable research tool for our citizens. Respectfully submitted, Craig R. Braack, County Historian

316 LEGISLATORS’ PROCEEDINGS

OFFICE OF DEVELOPMENT 2004 ANNUAL REPORT The Office of Development focused its efforts on the continued retention, expansion and attraction of commerce to Allegany County. Crossroads Commerce and Conference Center During 2004, the Crossroads Commerce Center, located at the critical juncture of Interstate 86 and NYS Route 19, became the base for the Office of Development and the Office of Tourism. This was in addition to the previous year’s creation of the Allegany County Visitor Center. The center was created as a public/private venture and has had initial success for providing professional office space for private sector engineering, medical and educational services. Cuba Memorial Senior Campus and Hospital Throughout the past several years, the IDA worked diligently at the restructuring of bonded long-term debt, which was achieved during 2004. In addition, after extensive research and planning, the hospital announced the proposed $25 to $35 million independent and assisted senior living campus in Cuba. Property has been secured, with engineering and logistics underway at year-end. Infrastructure Development / Crossroads Planning to complete infrastructure deployment at Interstate 86 / NYS Route 19 / County Road 20 continued with the significant inclusion of methane. Additional partners are to be added within the next year. Marketing initiatives, based on research secured during the fourth quarter of 2004, are to be launched within the second quarter of 2005. Business Assistance / Revolving Loan Fund During the course of 2004, the Development Office assisted in over 325 requests. In addition, during the past four years, the Office has initiated 25 loans totaling $503,000 within the business marketplace in Allegany County. Respectfully submitted, John E. Foels, Director of Development

317 ANNUAL REPORTS

DISTRICT ATTORNEY 2004 ANNUAL REPORT The District Attorney hereby submits this summary of his annual report in the severely condensed format required by board resolution. The full text of the activities of the office will be filed in the office of the Board of Legislators, Allegany County Office Building, Belmont, New York, will be posted on the office web page, and are also available from this office upon request. During the 2004 calendar year, 2,546 new files were opened in our office to be added to those carried over from 2003. The caseload represents an increase of over 16 percent from the previous year. Each of these files required the attention of one or more prosecutors, as well as support staff. Of the 2,546 new files opened, 905 were misdemeanors, 306 were investigations or miscellaneous or initially regarded as a felony level arrest, 1,283 were violations and 97 were violations of probation. Of the new files, 1st Assistant DA Keith Slep was assigned 484, Assistant DA Michael Regan was assigned 782, and Assistant DA David Gilbert was assigned 459. Terrence M. Parker, as District Attorney, assumed direct responsibility for 848 new files, including the pending homicide cases, as well as exercising supervisory authority over all other files. A Special Prosecutor was needed and appointed to handle only 18 files in 2004, approximately one half of one percent of the office matters. Due to past budgetary cuts, the office remains understaffed, and this has raised the caseload of all the prosecutors to levels far exceeding limits recommended by National and State Prosecution standards. Current caseloads cannot be maintained with existing personnel. Terrence M. Parker continued to serve as full-time District Attorney, completing his seventh full year as District Attorney, and 21 years as a prosecutor. Norleen Enders and Ronnelle Drozdowski of Belfast, NY, served as the Confidential Secretaries to the District Attorney and Assistant District Attorneys for the year. Keith A. Slep and Michael Regan of Wellsville and David Gilbert of Rushford continued their service as part-time Assistant District Attorneys. Mr. Gilbert announced his intention to leave the office at the end of 2004 in order to devote his efforts full time to his private practice. Effective January 1, 2005, Amanda Newton of Wellsville was hired. All prosecution staff is encouraged to participate in professional development training, and were afforded the opportunity for additional training and legal education through the New York State Prosecutor’s Training Institute and the National College of District Attorneys. The District Attorney also personally continued active involvement with the New York State District Attorney’s Association to address current legislative goals and State budgetary concerns. The District Attorney serves on the Executive Committee of the Domestic Violence Consortium, and participated as a co-moderator for law enforcement issues at the Consortium meeting at Alfred University. In addition, the DA and DA’s Investigator work with the Domestic Violence Response Team, an outreach program for assisting domestic violence victims immediately at the time of the offense. Assistance in trainings for Rape Crisis counselors was also provided during 2004, as in previous years. The District Attorney, ADA Keith Slep and DA Inv. Dennis Vespucci continued to be active participants in the Youth Court Program in Allegany County. The District Attorney also continued the practice of making presentations to school classes throughout the County on the legal system, juvenile justice programs, and drug and alcohol abuse prevention. A power point program on DWI crashes was produced and distributed throughout the County. An Emergency Vehicle power point program was also presented to emergency services personnel.

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A new initiative undertaken by the office in 2004 was to institute a local Drug Court. The Drug Court is designed to address non-violent criminal cases where offenders have a demonstrated history of alcohol or other drug abuse or dependency. Once fully operational in 2005, the Drug Court should result in enhanced individual accountability of offenders and safer communities, while producing significant financial savings in addressing the needs and rehabilitation of these offenders. Investigative Services continued to be provided by this office in 2004 through retired Sr. Investigator Dennis Vespucci of Clarksville, formerly of the Division of State Police. Inv. Vespucci also serves as the Office liaison with the Zone 13 Counter-Terrorism working group. Paul Wright of Wellsville and James Galatio of Cuba continued to serve on our staff as unpaid K-9 Investigators. K-9 investigations were undertaken in numerous narcotics, DWI, and other details throughout the County, in a cooperative use of our resources. Presentations to schools and public groups were also done, along with requested school locker searches. Inv. Wright’s K-9 partner specializes in drug detection and Inv. Galatio’s partner detects weapons and explosives. Through a continuing grant from the New York State Crime Victim’s Program, Mrs. Shannon Ozzella continued to serve as Victim Services Coordinator in 2004. In 2004, Mrs. Ozzella also was selected by her peers as Vice President of the Western New York Coalition of Crime Victim Service Providers. Allegany County has been recognized as a leader in providing assistance and appropriate outreach to crime victims. The office has its own Web Pages, as part of the County Web site, to provide the public and other agencies with ready access to the most commonly requested data on our services. Many inquiries now handled by telephone or letter can be answered with the included information, or through e-mail addresses listed on the site. Links to Youth Court, Drug Court materials, Rural Justice Institute, Local Courts, and other resources are included. Please visit our site at: http://www.alleganyco.com/default.asp?show=btn_DA In conclusion, I would invite any member of the public to inquire further if they have any questions regarding our office and invite anyone with an interest to examine the expanded report on file with the Clerk of the Board of Legislators, visit our web page, or request a copy from our office. And, in keeping with the tradition begun by my predecessor in 1974, I offer the following Indian proverb, two quotes and a Russian saying for your consideration and reflection: “Life is a bridge. Cross over it, but build no house on it.”

Indian Proverb

“In any moment of decision, the best thing you can do is the right thing. The worst thing you can do is to do nothing.” Theodore Roosevelt, 1858-1919 “Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.” Mark Twain, 1835-1910 “Fear the goat from the front, the horse from the rear, and man from all sides.” Russian saying Respectfully submitted, Terrence M. Parker, District Attorney

319 ANNUAL REPORTS

DOG LICENSING FUND 2004 ANNUAL REPORT This report is filed pursuant to Section 111 of the Agriculture and Markets Law and covers the moneys remitted and the moneys expended by me under the provisions of Article 7 of the Agriculture and Markets Law for the period January 1, 2004 to December 31, 2004. RECEIPTS Total balance on hand January 1, 2004 Dog license fees received Tag fees received

$ 3,242.50 12,422.07 172.50

Total amount available for the year ending December 31, 2004

$ 15,837.07

DISBURSEMENTS Paid 36 percent of dog license fees to Dept. of Ag & Markets Paid tag fees to Dept. of Ag & Markets Paid claims for damages done by dogs Paid to towns and cities 75 percent of total surplus for last reporting period Total disbursement during the year ending December 31, 2004 Total surplus for the year ending December 31, 2004

4,651.65 172.50 2,249.00 2,431.88 9,505.03 $ 6,332.04

75 percent of the above surplus amounting to $4,749.03 to be apportioned to cities and towns ratably to the remittance each made. Attached is a list showing the remittance each made and the amount apportioned. Terri L. Ross Allegany County Treasurer

320 LEGISLATORS’ PROCEEDINGS

DOG LICENSING FUND (CONTINUED) STATEMENT OF AMOUNTS REMITTED AND APPORTIONED JANUARY 1, 2004 TO DECEMBER 31, 2004 Remitting Municipality

75 Percent of Surplus Apportioned ____________________________________________________________________________ 9504 9505 9506 9507 9508 9509 9510 9511 9512 9513 9514 9515 9516 9517 9518 9519 9520 9521 9522 9523 9524 9525 9526 9527 9528 9529 9530 9531 9532

Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar Burns Caneadea Centerville Clarksville Cuba Friendship Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt

Totals

Amount Remitted

$

19.97 229.11 186.81 137.48 874.17 540.47 377.52 357.20 14.09 435.96 292.53 447.69 136.28 300.77 1,016.35 991.67 435.90 236.16 237.38 817.83 155.08 136.31 546.35 364.22 290.18 2,129.06 75.18 396.00 264.35 ________

$ 12,442.07

$ 7.62 87.45 71.30 52.47 333.66 206.29 144.10 136.34 5.38 166.40 111.66 170.88 52.02 114.80 387.93 378.51 166.38 90.14 90.61 312.16 59.19 52.03 208.54 139.02 110.76 812.64 28.70 151.15 100.90 ________ $ 4,749.03

321 ANNUAL REPORTS

BOARD OF ELECTIONS 2004 ANNUAL REPORT In 2004, we handled a multitude of voter registrations, requests, absentee ballots, petitions, certificates of nomination from caucuses, three primaries and a general election, five inspector training classes, the mailing for NCOA and mail check. The Republican Commissioner's term expired on December 31, 2003. At the Republican Re-organizational meeting in September, Commissioner Gallman was selected for reappointment. His name was submitted to the Board of Legislators for approval. On October 26, 2004, the Board voted 14-0 to reappoint Commissioner Gallman. ELECTIONS 2004: PETITIONS AND CAUCUSES: We received 166 Republican, Democratic, Independent and Conservative designating petitions for State Committee People, County Committee People, Delegates and Alternate Delegates to the 8th Judicial District Convention and Town Offices in four Towns. Nine Certificates of Nomination were filed for Town Offices. DEMOCRATIC PRESIDENTIAL PRIMARY: MARCH 2, 2004: Democrats cast their ballots for their choice of a US Presidential Candidate as well as delegates and alternate delegates that supported their candidate at the National Convention (turn out 15 percent). Absentee ballots sent – 77; returned – 56; counted – 51; voided – 5. PRIMARY ELECTION: SEPTEMBER 14, 2004: Republicans, Democrats and Conservatives had primaries to select their candidate for US Congressman – 29th District. There were also five local races for County Committee people (turn out – Republican 22 percent, Democrat 10 percent, Conservative 7 percent). Absentee ballots sent – 396; returned – 239; counted – 212. Affidavit ballots received – 33; counted – 9; voided – 24. GENERAL ELECTION: NOVEMBER 4, 2004: US President/Vice President, US Representative in Congress, US Senator, NYS Senator, NYS Assembly Member, one Town Proposal, three 8th Judicial District Judges, and Local Offices (turn out 72 percent). Absentee ballots issued – 1366; returned – 1,223; counted – 1,142; voided – 81. Affidavit ballots received – 470; counted – 201; voided – 269. CAMPAIGN FINANCE: We received a total of 41 filings. ELECTION INSPECTORS: Five training sessions were held for inspectors. 140 inspectors and alternates were trained and certified. VOTER REGISTRATION, ENROLLMENT AND LIST MAINTENANCE: We processed 5,029 voter registrations. At the close of registration on October 9, there were 30,770 voters who were eligible to cast ballots at the General Election. We mailed out over 56,750 different types of mailings as mandated by NCOA and NVRA to keep voter records current. Subsequent investigations were done on all targeted voters and the appropriate correspondence was sent to each, giving them the opportunity to correct any errors that may have occurred. REQUESTS: We processed in excess of 6,100 requests from other County departments, governmental agencies, the media, political candidates and other organizations during 2004. BUDGET: Our budget for 2004 was $142,894. At year’s end we had used $131,061.50. Any balances left in our accounts were turned back to the County. The 2005 budget was submitted to the Board of Legislators in July, which included monies for the implementation of HAVA and an approximate one-time reimbursement amount from the State and Federal Governments. The Legislature removed all monies related to HAVA from the budget. James Gallman, Commissioner

Diane Martin, Commissioner

322 LEGISLATORS’ PROCEEDINGS

OFFICE OF EMERGENCY SERVICES 2004 ANNUAL REPORT During 2004, Allegany County was affected by two flooding events, both resulting in Federal disaster declarations. The first was a series of events from May 13, 2004 to June 17, 2004. The total eligible municipal assistance claims came to $1,461,490. The second event took place from August 29, 2004 to September 16, 2004. The total eligible municipal claims for the second event came to $1,100,000 (to date). Prior to these events, this office had been assisting State and Federal representatives in closing out the previous flood event paperwork for the July 21, 2003 to August 10, 2003 event. Federal disaster assistance has approached approximately five million dollars for the 2003 declaration. These funds will greatly assist repair work needed for Village, Town and County governments. Through the Federal Homeland Security Grant program, this office applied for and received $75,000. These funds were used to enhance the County’s capability in the prevention of and response to chemical, biological and cyber terrorism events and also to enhance the security of the County complex. A planning grant was obtained for the Federal requirement of the development of a County-wide Pre-disaster Mitigation Plan. The County, Towns and Villages participating will be eligible for future Hazard Mitigation Grant funds. Other daily activities as required of this office include the maintaining of our County’s notification and warning procedures as well as providing the Emergency Medical Services training courses. Working with the County Health Department as well as the Jones Memorial Hospital, assistance was given for development of the County’s bioterrorism incident response capabilities. A coordinated effort is needed from a wide variety of agencies and departments from the Federal, State and local levels. I wish to thank the Legislature for its continued support and guidance. Respectfully submitted, John C. Tucker, Director

323 ANNUAL REPORTS

EMPLOYMENT AND TRAINING ONE STOP CENTER 2004 ANNUAL REPORT The Employment and Training Center continues to provide the job seeker with the resources needed to secure employment and to assist local employers in finding qualified workers. Customer demographics available through our swipe card system recorded 8,044 customer visits in 2004. Center staff made 2,437 referrals to job openings and 237 resulted in direct placements. Five hundred sixty-two (562) people attended workshops, and 313 were tested for employment purposes. A total of 148 employers benefited from services that included the processing of applications, testing for math/reading skill levels, On-the-Job Training subsidies and assistance with tax credit information. Twenty-five (25) On-the-Job Training contracts were written which resulted in $19,550 direct savings to participating employers for costs associated with the training of new employees. Despite a 26 percent reduction in funds from 2003, we provided employer based and occupational skills training to adults and dislocated workers at a cost of $110,238. There were 105 who received training for certifications leading to careers as RN’s, LPN’s, Nurse Aides, Electricians, Accountants and Computer Technicians, to name a few. Our Youth Program targets at-risk youth with services such as work experience, exposure to post secondary educational opportunities, occupational skills training, counseling and support services. Fifty-five (55) youth ages 14-21 benefited from these activities through the Summer Employment Program and 72 continued to receive services throughout the year with an emphasis on drop out prevention, career exploration, job seeking skills and work experience. The Center continues to provide intensive services for Public Assistance recipients. A total of 951 applicants were assessed for employability. Five hundred fourteen (514) receiving benefits participated in workshops involving job readiness training, individualized job search, resume development and job retention skills. This resulted in welfare grant savings generated through employment, sanctions, and case closings for 172 individuals. The reduction of Workforce Investment Funds available to the Center in 2004 did result in the layoff of staff and placed limitations for financial assistance to our customers. We will face some major challenges in 2005 as well. It is anticipated the workforce legislation will be reauthorized resulting in some changes in service delivery and possibly reduced funding. Alternative sources of funding will need to be explored and the manner in which services are provided will need to be reassessed. Yet given the dedication of staff, partners and the continued support of the Legislature, I am confident that we will be able to overcome these challenges and continue to provide the residents and businesses of the area with quality services. Respectfully submitted, Jerry L. Garmong, Director

324 LEGISLATORS’ PROCEEDINGS

FIRE COORDINATOR 2004 ANNUAL REPORT During the year 2004, Allegany County Fire Department volunteers responded to 216 fire calls, 407 accidents, 307 false alarms, 83 tree/lines down, 19 carbon monoxide calls, 2 lost persons, and 36 haz mat incidents. Fire and independent ambulances were dispatched from Allegany County for 3,630 ambulance calls with County agencies providing 78 ALS interfaces and 792 from outside ALS agencies. Mercy Flight gave assistance 36 times. Our Fire Investigation Team now includes three (3) Senior Investigators and four (4) Regular Investigators. Fifty-four incidents were investigated and a copy of those incidents is attached to the complete report of the Fire Coordinator on file with the Clerk of the Board of Legislators. Senior Fire Investigator Joe Szeliga will be getting an arson detection dog and attending school in late February. Funds are being provided for this by the fire companies, no tax dollars will be used. A grant for $40,000 was received from NYS Senator Patricia McGee, which purchased 82 mobile radios for the County fire companies. Jody Kenyon left as 911 Coordinator in mid year. The position has been filled by Russ Hall who is going a great job; we are all very pleased. We were cut short in our training hours from the state in 2004, which placed a hardship on our fire departments. We can not expect people to join our companies if we can not offer them training. The state has promised a better result in 2005. Our three NYS Certified Instructors conducted some classes in 2004 with a total of 1355 person hours. A copy of the 911 dispatch report is attached to the complete report of the Fire Coordinator on file with the Clerk of the Board of Legislators. Respectfully submitted, Paul W. Gallmann, Allegany County Fire Coordinator

325 ANNUAL REPORTS

DEPARTMENT OF HEALTH 2004 ANNUAL REPORT Reflecting on this past year’s activities at the Allegany County Department of Health, there is, clearly, much to celebrate. The energy and enthusiasm within the Department remain at high levels, our workforce remains intact, and we have accomplished much of what we were tasked to perform. Significant achievements include:  Effectively conducting our two Certified Homecare Agencies in a prospective payment environment. We continue to see a needier, more acutely ill clientele, yet provide care of documented high quality that provides the County with revenue to offset the cost of other Public Health Programs. These programs provide jobs for more than 100 Allegany County residents, service over 1,000 referrals and have approximately 200 clients in active care on any given day. We also provide an educational experience for Nurses-in-Training, prospective Social Workers, Therapists, and a variety of other college students.  Providing a Reproductive Health Program that has produced a demonstrable decrease in the number of unintentional pregnancies among teenagers and unmarried adults. Our results have outdistanced regional efforts and have surpassed our neighboring programs dealing with similar demographic populations. These results have occurred over a period of years in which Allegany County experienced a severe shortage of Obstetrical Providers. The program remains saturated, operating at one hundred percent of capacity with an unheard of 20 percent no-show rate in this target population.  Maintaining the region’s most active, business-friendly Environmental Health Program. With a small, experienced, dedicated workforce and the assistance of a handful of contractual services, our Public Health Sanitarians continue to assure the safety of Public and Private Water Supplies, Food Services, Camps and Recreational Areas, Sewer and Private Sanitation Systems, as well as participate in County-wide disease control efforts.  Advocating for and providing for the early detection and treatment of the major forms of cancer that threaten our community members. Our management of the “Screen for Health” Partnership of Allegany County provides no cost and low cost services for any who wish to detect cancers of the Colon, Cervix and Breast as well as outreach, case management and educational experiences.  Conducting one of New York States most heavily utilized Preventative Nutrition and Education programs for Women, Infants, and Children. Our WIC program operates at an incomparable 108 percent of capacity, providing instruction, advice and financial resources to our women of child-bearing age and their offspring. Our staff is highly qualified and all professionals are trained as Certified Lactation Consultants. Our WIC program boasts one of the few Internationally Certified Lactation Consultants in New York State. Our collective vision is to make available all of our Public Health Services at WIC sites throughout the County.  Providing New York State’s most cost effective Early Intervention Program. This is a federally mandated “Individuals with Disabilities Education Act” program. Early Intervention referrals are increasing at a rapid rate due to the State’s expansion of the

326 LEGISLATORS’ PROCEEDINGS

program into a widening area of children at risk such that it is increasingly clear that this program will require more resources in the future. Yet, we remain a model for rural programs throughout the Empire State.  Coordinating integrated service needs for Preschool Children requiring Special Education and Children With Special Health Care Needs. This program is also Federally Mandated and consumes approximately 25 percent of our budgeted appropriations. Our efforts provide those who qualify with services from over seventy contractual providers and agencies certified under the State Education Department and require a shoulder-to-shoulder relationship with every school district in Allegany County.  Providing Health Education and Screening for the primary and secondary prevention of chronic illness such as Tobacco Use and its consequences, Asthma, Diabetes, Obesity, Osteoporosis, Hypertension, Hyperlipidemia, and Lead Poisoning. We conduct these activities alone, with our professional nursing staff and Public Health Educators, as well as by maintaining an active partnership in three regional Rural Health Networks. The dimensions of these issues in rural America is staggering. Our philosophy has been that community building is the key to ownership of preventative health programs.  Successfully completing a two year long Community Health Assessment Project. Using 26 different sub-population focus groups, a County-wide survey and concept mapping software, we arrived at a series of Health Priorities which can be supported by almost everyone who lives in this wonderfully challenging part of New York State. (The entire text can be viewed on www.alleganyco.com or you can view the Executive Summary). This assessment will provide the platform for our Municipal Public Health Services Plan for the next few years and will be the anchor point for State Aid funding of our efforts.  Providing a model Forensic Health Program for the Allegany County Jail. Embracing the vision of the Allegany County Sheriff and the Allegany County Board of Legislators, full-time primary care has been provided to the inmates of the County jail that brings all of our Public Health preventative programs as well as screening programs to bear upon this high-need population. Policies and procedures are now kept up to date and a basic formulary assures some cost control in drug utilization.  Planning all aspects of Public Health Preparedness and integrating those concepts into Emergency Management and Public Safety strategies. We have developed a remarkable partnership with members of all of the agencies that guard the public wellbeing to work together to prepare the activities which ensure survival in the event of any large scale disaster inside or outside of Allegany County. Our contracted Preparedness Coordinator has already brought to the County infrastructure, supplies and technology to assist the response effort. Unfortunately, our Department has failed to impact upon many of the issues that continue to make life difficult for large segments of our population. We have failed to impact upon the lack of dental health of the children of this County. In 2002, over 40 percent of our third graders had untreated cavities; in 2004, few students had received fluoride, and as of this date, dental health remains a huge problem. Our partnership with Article 28 dental health

327 ANNUAL REPORTS

clinics and the newly defined ability to certify single purpose school based health centers are the cornerstones of the future of population based preventative dentistry in Allegany County. We have seen no improvement in the number of deaths suffered due to accidents in our County. Particularly distressing is the number of teenagers killed in alcohol related traffic accidents: a number that surpasses those of all other counties in our area and is among the highest in the state. Despite our best efforts, cigarette smoking and tobacco use remain more prevalent in Allegany County than in the rest of New York State. As a result, the morbidity and mortality of the illnesses associated with tobacco use have not abated. Similar statistics daunt our mental health professionals for alcohol use. We have clearly not made an impact on many of the health consequences from which our population suffers as a result solely of being poor. We live in a county with a large percentage of individuals below or within a few dollars of the Federal Poverty line. The topical issue of Medicaid Costs has overshadowed the fact that the best tool for driving down the cost of health care is investment in Public Health. Allegany County invested under $600,000 in preventative health for its citizens in 2004………less than $12 per person. All of these funds came from revenues generated by the Allegany County Department of Health; none came from local taxes. Compared to the County’s share of Medicaid expenses, this is negligible and we must collectively ask ourselves if this is the road we really want to be on. Every one of us needs to examine our conscience and decide Health needs to stay on the agenda or be sidelined by less personal temporal issues which so often overshadow its importance. Your local Department of Health remains ready to meet your needs to the best of our ability. Yours truly, Gary W. Ogden, MD,CM, Public Health Director

328 LEGISLATORS’ PROCEEDINGS

HUMAN RESOURCES / CIVIL SERVICE 2004 ANNUAL REPORT Overview Human Resources/Civil Service is responsible for employee benefit administration, labor relations, recruitment, and hiring for Allegany County’s classified civil service workforce of full and part-time employees numbering 536 persons. Recruitment is under the merit system requirements of NYS Civil Service Law. In addition to the County government, the office administers the provisions of New York State Civil Service Law, including a competitive examination program, without cost to the Towns, Villages, and School Districts within Allegany County for an additional 1,123 municipal civil service employees. Four employees carry out the responsibilities of the department, each averaging more than 20 years of experience in human resources/civil service administration.  Joyce Brewer, Human Resource Assistant, 26 years with Allegany County  Julie Hoshal, Human Resource Assistant, 25 years with Allegany County  Bernard Morris, Personnel Officer, 4 years with Allegany County  Ellen Ruckle, Human Resource Specialist, 31 years with Allegany County 2004 Summary Notable points during the year were:  The number of County civil service employees declined by ten (10) from 2003 to 536 reflecting constraints on replacement hiring due to normal turnover, voluntary quits and retirements, plus four (4) layoffs in the Department of Public Works and one (1) in the Employment and Training Department attributed to a difficult budget year in 2004. Human Resources/Civil Service participated in the layoff process by applying the provisions of Civil Service Law and labor contracts to identify, and then assist employees being laid off.  Employee relations during 2004 were mixed; one positive was the brief business-like negotiations with the New York State Nurses Association concluding in March with a four (4) year successor labor contract for Nurses in our Health Department, which expired at year-end 2003. Another plus was the Employee of the Month initiative from the Personnel Committee beginning in the Fall, with several employees receiving recognition for their good efforts. While fewer grievances were filed, for the year there were three (3) arbitrations, including a rare discharge case in Public Works and a PERB Improper Practice Charge, among our three union contracts covering approximately 360 employees. The decisions in all matters were favorable to the County. The spike in this area is largely attributable to the unsettling effect of the several involuntary layoffs in late 2003 and early 2004.  County Attorney Daniel Guiney represented Human Resources/Civil Service answering with the Personnel Officer a NYS Human Rights Commission complaint by an AFSCME officer asserting discrimination against spouses employed by the County limiting benefit payments. The charge was dismissed.  During July, Human Resource Specialist Ellen Ruckle was the HR resource person assisting the family of Deputy Sheriff Derek Ward and the Sheriff’s Department in the aftermath of his traffic accident.  Four (4) employees completed 30 years of service with the County; Human Resource Assistant Julie Hoshal joined thirteen (13) others reaching the 25-year career benchmark.  Administered 20 different title civil service examinations to 174 candidates on ten Saturdays.  Negotiations with AFSCME Local 2574 for its new contract for 2005 and beyond began amicably in November. Bernard J. Morris, SPHR, Allegany County Personnel Officer

329 ANNUAL REPORTS

INDUSTRIAL DEVELOPMENT AGENCY 2004 ANNUAL REPORT The Allegany County Industrial Development Agency continued to focus its efforts on the continued infrastructure and financial assistance to projects within Allegany County. Infrastructure / Crossroads (Exit 30) The agency began various initiatives to develop and implement infrastructure at Exit 30 on Interstate 86 and NYS Route 19. This includes sewer, water, methane, fiber optics, natural gas, and electric. The agency has formed a transportation corporation (Crossroads Pipeline Development Corp) to provide pipelines for methane transportation from the Hyland and County Landfills. The project may include electrical generation and dedicated methane supply. There are over 20 active projects of this type within New York State and over 300 nationally. Cuba Memorial Hospital During 2004, the agency successfully repackaged and refinanced long term bonding for Cuba Hospital. This initiative began in 2002 and was coordinated with the efforts of Hodgson Russ and the Tower Investment Group. The agency’s bond refinancing allowed the hospital to continue their development for a proposed Senior Independent and Assisted Living Campus to be located adjacent to the hospital in Cuba. Houghton College The agency completed the refinancing and extended bonding for Houghton College. In addition to existing debt, the bond package of over $13 million provided for additional construction and renovation projects on campus. Tracewell Electronics The agency was instrumental in the concluding aspects of the purchase and refinancing of ACME Electronics by Tracewell Systems of Columbus, Ohio. Respectfully submitted, John E. Foels, IDA Executive Director

330 LEGISLATORS’ PROCEEDINGS

INFORMATION TECHNOLOGY 2004 ANNUAL REPORT The Information Technology Department successfully implemented a disaster recovery plan for the County’s electronic records. We began this project back in 2002 with help from a grant we received from the Local Government Records Management Improvement Fund. This plan is a living document and will be updated on an ongoing basis. In the event of a disaster, this plan will allow us to move operations off site and continue business as usual for the necessary departments that need to get electronic records processed. The Information Technology Department gained the responsibilities of telecommunications in the early part of the year. We are now responsible for all the phones, phone related hardware and software, including cell phones, needed to run the County’s telephone operations. This task is very time consuming and underestimated for the work involved to maintain good communications on a day-to-day basis. The Department of Information Technology continues to service over 500 pieces of equipment throughout the County with a staff of four people. The technicians had a total of 27.25 hours overtime for the year which is due to being on call for the departments that require our services twenty-four hours a day. The department continues to provide technical support to all the offices and departments. The support involves the purchase of new computers, setting them up, and installing the software necessary for the employees to do their jobs. The technicians troubleshoot all computers, servers, printers, and connectivity for all departments located at the Belmont facilities, as well as facilities located in Wellsville, Friendship, and Alfred. Respectfully submitted, Deborah M. Button, Director

331 ANNUAL REPORTS

PARKS AND REFORESTATION 2004 ANNUAL REPORT  The Department of Public Works has continued performance of the routine maintenance duties for this department. Mowing and trimming occurred on a regular seasonal schedule at the Rushford Swim Area, Seneca Oil Spring, Reforestation Building, County Cemetery, and County Road 48 fueling station.  A timber sale on the Horner, Silsby, and Weir Reforestation Lot was marked by Consulting Forester Paul Kretser. The sale was coordinated by the Soil and Water Conservation District and the 109.6 thousand board foot sale brought in $85,825 in revenues to the County.  Flooding in the early summer months severely damaged two Reforestation access roads and filled in a drainage way that protects the athletic fields at the new Genesee Valley Central School. A 300 foot reach of the River Trail right-of-way was severely eroded. In addition to the basic repairs, a Federal Emergency Management Agency (FEMA) mitigation project on the Sanitarium Lot involved the installation of stabilizing grade sills which will help reduce the sediment damages. $60,964 was received for the repairs of four project areas; and to date, County Department of Public Works crews have been successful at completing 95 percent of the repairs.  Pre-seasoned white oak planking was utilized by Department of Public Works to replace decking on the pedestrian bridge at Seneca Oil Spring in Cuba. A job very well done! Local people have encroached on the County Oil Spring easement area and established a campsite. The appropriate means of evicting the owners of the campers is being investigated by the County Attorney.  The County has proposed the sale of three reforestation lots. The forest resources are very low in value and there are access and easement problems. New York State Department of Environmental Conservation has evaluated the usefulness and value of these properties for possible inclusion in their forest system. This is not anticipated. Permission to offer the properties for sale is pending from NYS. Respectfully submitted, Frederick Sinclair

332 LEGISLATORS’ PROCEEDINGS

PLANNING BOARD 2004 ANNUAL REPORT The Allegany County Planning Board continued to expand its role with various municipalities by aiding and reviewing several matters relative to planning and land use. Membership for 2004: Clifford Ackley, Wendall Brown, Gertrude Butera, Dale Foster, Lee Gridley, Tom Hayden, Kate Hollis, Rick Hollis, Charles Jessup, Alan Nobles, Ron Stuck, Richard Yanda. Planning Specialist/Liaison to the Planning Board: Kier Dirlam.     

       

Activities conducted throughout the year include: Held Annual Meeting and Dinner on January 21, 2004 and elected officers for 2004. Considered applying for a records management grant for the planning records of the County, but decided against it due to lack of staff oversight. Worked with the Development Office on the development of the Crossroads at Interstate 86 and NYS Route 19. Held a public work session in March on this topic. Endorsed a study of the infrastructure for the intersection and corridor by the County. Planning Board did preliminary work with the Allegany County Bicentennial Committee to develop a Time Capsule for the 2006 event. Reviewed applications from:  Town of Belfast – Water System upgrade,  Town of Alfred – Equestrian Center,  Village of Cuba – Tree Law,  Town of Angelica – Historic Register Designation,  Town & Village of Alfred – Comprehensive Plan,  Town of Cuba – Subdivision Plan and water main extension,  Village of Canaseraga – Sewer System. Held Annual Picnic with information session from Sheriff Belmont on the new Jail Construction Project. Considered the issue of the possibility of the dissolution of the Village of Wellsville. Assisted the Town of Almond with zoning law revisions. Reviewed, revised and submitted for approval Local Law that created the Allegany County Planning Board. This changes the number of members to 11 and puts them on a rotating three-year cycle instead of an annual appointment system. Relocated County Planning Board meetings to the Crossroads Conference Center at Interstate 86 and NYS Route 19 on a permanent basis. Discussed the changes in Federal Emergency Management Agency (FEMA) funding methods and the efforts within the County to comply with the new Hazard Mitigation Plans for future Pre-Mitigation Funding. Discussed effects of Casino in Salamanca on Allegany County businesses. Support was offered for various projects and efforts involving housing rehabilitation grants, parks, recreation and historical, farmland enhancement planning, economic development, and others.

Ronald A. Stuck, Chairman Allegany County Planning Board

333 ANNUAL REPORTS

PROBATION 2004 ANNUAL REPORT Intake - The principal purpose of the Intake Unit is to divert cases from the attention of the Family Court. Areas of jurisdiction include Custody, Visitation, Support, Juvenile Delinquency, and Persons In Need of Supervision. The unit served a total of 599 cases. Investigations - A total of 352 investigations were prepared for the County, Justice, and Family Courts in 2004. Supervision - At year’s end, 387 individuals were on probation supervision in Allegany County. The criminal courts accounted for 325 cases; there were 62 active Family Court supervision cases. Collections - The total collections for the year were $156,216. This total includes restitution to crime victims. Staff Development - 21 training credit hours per year per professional staff member are mandated. In 2004, the average number per officer was 44. Pre Trial Release (ROR/RUS) - A total of 127 inmates were released via program intervention in 2004. Community Service Sentencing Program – 31 “jail bound” offenders were received by the Community Service Program in 2004. Those put to work accounted for 1,170 hours of community service work completed. Eight juveniles completed 165 hours. Adult Intensive Supervision Program - As of December 31, 2004, three “high-risk” jail/prison bound offenders were being managed successfully in the community on the County’s ISP program. Adult Sex Offender Treatment Program - Seven evaluations/assessments were prepared in 2004, 26 investigations were completed, and at the close of the year, 25 offenders were in group treatment. Electronic Home Monitoring - 72 clients were referred to EHM in 2004. 6,888 jail days potentially were saved along with a potential 1,606 out-of-home placement days for PINS and JD’s. Offender fees collected in 2004 amounted to $12,328. Local Conditional Release (Parole) - One application was received in 2004 by the Commission. It was denied. Probation Eligible Diversion Program - Program designed by probation to impact state prison population. Potential revenue to County $20,100. Juvenile Intensive Supervision Program - Keeps high-risk PINS and JD’s in the community and out of costly placement situations. As of December 31, 2004, nine active cases in the County. Juvenile Sex Offender Treatment Program – In 2004, three juvenile sex offender specific investigations were prepared for the Court. Juvenile Arson Prevention Program - Early intervention/education program. referral to this program in 2004. Respectfully submitted, David A. Sirianni, Director of Probation

There was one

334 LEGISLATORS’ PROCEEDINGS

PUBLIC DEFENDER 2004 ANNUAL REPORT The Public Defender’s Office has had a major change in 2004. After many years of having part-time attorneys representing clients in criminal and family court matters, the Legislature approved a change making the Chief Public Defender a full-time position as of June 1, 2004. This personnel change caused the elimination of one part-time Assistant Public Defender. Having a full-time chief has allowed Beth E. Farwell to devote full-time attention to legal and administrative matters without the necessity of running a private practice. Assistants Barbara J. Kelley from Bolivar, New York and Patricia K. Fogarty from Belmont, New York each defend criminal cases in Justice Courts and County Courts. The Public Defender’s Office opened 803 new files in 2004. There were 188 Family Court matters. There were 116 Felony criminal matters and 343 Misdemeanor cases. There were 90 involving Parole or Probation Violations or other matters. 35 cases were turned over to the Assigned Counsel Administration Program due to conflicts. 31 cases resulted in the Defendants retaining other attorneys. The Public Defenders remain committed to protecting the rights of our clients and providing the zealous advocacy our clients deserve in our Justice and County Courts. Respectfully submitted, Beth E. Farwell, Allegany County Public Defender

335 ANNUAL REPORTS

DEPARTMENT OF PUBLIC WORKS 2004 ANNUAL REPORT The year 2004 presented many challenges for the Department. Layoffs prompted a partial restructuring of the department, reducing our five road maintenance districts to four. This will undoubtedly reduce our response time to problems reported by the general public. Still, a great deal was accomplished. We were able to complete the majority of our maintenance projects, and help several towns with work and problems. We had to absorb more snow removal mileage due to the Town of Birdsall opting out of the Snow and Ice Contract. These difficulties would not have been easily overcome without the dedication and skill shown by the employees of the department. Consolidated Highway Improvement Program (CHIPS) aid in the amount of $1,562,206.77 was received from New York State. 23.76 miles of road were hot-mix paved. Storm drain work on CR09 in the hamlet of Scio was completed by County forces. Culverts were replaced for the Towns of Cuba and Scio. Public Works started/completed three Bridges on the County Road System and one on the Town Highway System. The first inverset panels obtained from Boston, Massachusetts in 2003 were used by County crews when they replaced culverts in the Towns of Scio and Cuba. County crews assisted several Towns with repair work necessary due to this summer’s flooding. Engineering continued on BR23-11, on CR7B in Rushford, and on CR46, East Hill Road Historic Bridge in the Caneadea. The County bridge crew will rehabilitate the structure in 2004. The Bridge Maintenance Crew worked on sixty-nine different structures during the year. The Phase I Closure project at the County Landfill was substantially completed in October. In 2004 a new solid waste user fee system was initiated which replaced the permit system which had been in place since 1996. Plans were put in place to begin studying the expansion of the Landfill. A total of 3,750 tons were recycled and the County landfilled 47,663.58 tons of solid waste. I would like to thank my staff for their dedication and all our employees for a job well done. Also, I would like to thank the Board of Legislators, especially the Public Works Committee, whose support and interest in this department has been invaluable. Respectfully submitted, David S. Roeske, Superintendent

336 LEGISLATORS’ PROCEEDINGS

REAL PROPERTY TAX SERVICE AGENCY 2004 ANNUAL REPORT In compliance with Section 1532 R.P.T.L. County Reporting: Allegany Reporting Period: Calendar Year 2004 Major Functions: Maintenance of Assessment Rolls, Tax Rolls, Tax Maps and Assessor Training MAINTENANCE OF ASSESSMENT ROLLS AND TAX ROLLS: The production of Assessment Rolls, Tax Rolls, Tax Bills, Cross Reference Listings, Change of Assessment Notices, Sales Transmittals and Special Reports were all processed by Allegany County. This includes the 19 School Districts, 29 Towns and 10 Villages that have assessable property in Allegany County. There were 29 Towns with the Real Property System on their own computers and were responsible for their own processing in 2004. We provided program and technical support, for the Real Property System, for these towns. TAX MAP MAINTENANCE: Tax maps were maintained for all 29 Towns in the County. Copies of new deeds, land contract sales, and property transfer reports (RP-5217) were delivered daily by the County Clerk’s Office. Split offs of property sales are plotted on the maps, and map overlays and new tax map index cards are generated. The overlays and copies of the index cards are sent to the assessors along with copies of the deeds and property transfer reports. There were 2,292 transfers in Allegany County in 2004. Revenue from the sale of tax maps was $8,140.34. All tax maps have been digitized and the NYSORPS has approved and certified them for use. Also, GIS coverages are updated and maintained on a monthly basis. ASSESSOR TRAINING: Assessors in New York State must meet minimum training requirements. When assessors do not meet these requirements, they can be removed from office. We have coordinated assessor training with the State Office of Real Property Services. Many of the assessors in Allegany County took advantage of the consolidated training courses offered by the State Office of Real Property Services. The Allegany County Assessors’ Association met monthly and several training seminars were conducted at these meetings. DIRECTOR’S ACTIVITIES: This year our office has been working on several continuing projects. We are still in the process of updating our GIS capabilities and looking for new ways to assist other departments with this information. We are continuing our efforts to incorporate the Pictometry photos, GIS maps and tax maps with the RPS V4 system. We are working with the assessors in assisting the County Treasurer’s Office in putting together the County catalog of tax sale properties with our assessment information and photos provided by the assessors. I remain an active member of the Western Region County Directors Association of which I am Coordinator/Treasurer. I attended the spring and summer training conferences in Albany and Ellicottville, and continue to host the monthly County Assessors Association meetings where we continue to assist them in their efforts to maintain equity throughout the County. I would like to thank my staff for their efforts and hard work, and the Board of Legislators for their continued support. Respectfully submitted, Steven G. Presutti, Director

337 ANNUAL REPORTS

SHERIFF 2004 ANNUAL REPORT Three events from 2004 will remain in the consciousness of the men and women of our department. The Board of Legislators passed Resolution No. 118-04 authorizing the construction of a public safety facility at an estimated cost of $23,731,000. By their action the new jail, long demanded by the Commission of Correction, was approved. On July 2, Deputy Derek Ward, age 28, suffered fatal injuries in an on-duty accident in Rushford. Approximately 1,000 friends, community members, and law enforcement personnel from around the country joined Deputy Ward’s wife, three-year-old daughter and family for his funeral service at Genesee Valley School on July 7, 2004. On July 20, a 25-year-old inmate escaped from custody during treatment at Jones Memorial Hospital. State and local police from throughout Allegany County responded to assist our personnel in the search for the escapee. After three hours he was apprehended at gunpoint by Deputy Jeffrey Fontaine. The last escape from custody happened in 1986. During the past year 748 inmates were booked in, an increase of two percent over 2003. No inmates were housed for other counties, 24 inmates were sentenced and transported to State prison. The highest single day population was 60 inmates, 58 males and two females. The average daily population was 47 inmates, down from the 2003 average of 50. The total number of meals served was 42,266, a three percent decrease from 2003, with an average cost per meal of $1.29. Civil Deputies served 1,412 civil processes in 2004. These include 370 Family Court Summonses, 640 Summonses, 317 Property or Income Executions, 52 Eviction Proceedings, 30 Subpoenas, and three civil arrests. The Sheriff’s Office collected Undertakings, Fines, Bail, fees, and monies for judgment creditors in the amount of $756,647. Selective enforcement activity, community policing, and assists to other agencies resulted in 180 arrests, 151 traffic tickets, and 32 accident investigations. Public Safety Dispatchers logged 85,501 radio transmissions and received 14,413 emergency 911 calls, 18 percent more than 2003. Court Security Officers screened 31,478 visitors to County Court in 2004. On average, 125 visitors passed through the Magnetometer each day, resulting in the confiscation of 298 prohibited items during the year. This was a significant decrease from 2003 that I attribute to heightened public awareness that all dangerous instruments are prohibited from the Court facility. I anticipate 2005 will be a year that challenges Sheriff’s Office employees. Critical transition planning must be completed to prepare for a move from a linear supervision jail to direct supervision. The heartache of Deputy Ward’s loss will be revisited as we participate in ceremonies memorializing his death at the NYS Law Enforcement Officers Memorial and the National Law Enforcement Officers Memorial. Experience has proven that these men and women are a talented and dedicated workforce who will meet the challenges of the coming year with grace. Randal J. Belmont, Sheriff

338 LEGISLATORS’ PROCEEDINGS

SOCIAL SERVICES 2004 ANNUAL REPORT 2004 was a time of transition for Allegany County Department of Social Services. Commissioner Margaret Cherre resigned effective June 11; Patricia Schmelzer was appointed Acting Commissioner June 12 and Commissioner on December 13. The Department of Social Services continues our mission of preserving the family unit, protecting the individual, encouraging self-sufficiency while enabling people to achieve their full potential for a higher quality of life. We balance our vision of reaching out to the community to achieve this mission, while also being mindful of the contribution of local tax dollars that support our efforts. In 2004, Public Assistance caseloads increased by 4.66 percent, Medicaid caseloads increased by 11.9 percent, and the number of Food Stamps cases increased by 9.51 percent. County costs increased from $11,290,159 in 2003 to $11,844,204 in 2004, an increase of 4.91 percent. The Department was able to stay within our local budget, and returned $1,773,618 to the County’s General Fund. Medicaid costs continue to consume the largest share of the local tax dollar, taking up 62.12 percent of the local share of the department’s budget. The Allegany County Department of Social Services continues to join our voice with other districts in a plea to the State for fiscal relief from Medicaid. Small steps were taken in that direction with a 50 percent State takeover of local costs for the Family Health Plus program. Net County cost for administration for the Department was reduced by 2.55 percent. Several positions were either abolished or left vacant during 2004. Child Welfare and Emergency Assistance to Families (EAF) make up the third largest expenditure for the department budget, using 10.7 percent of our budget. Although costs are increasing in this area, the average number of children in care decreased from 73 per month in 2003, to 71 per month in 2004. New initiatives undertaken by DSS in 2004 included Kindertrak, a software program for day care payments, and the CAP office was moved to the main building. Respectfully submitted, Patricia Schmelzer, Commissioner

339 ANNUAL REPORTS

SOIL AND WATER CONSERVATION DISTRICT 2004 ANNUAL REPORT CONSERVATION PLANNING:  Agricultural District No. 4 was modified to include a 168.73 acre hog rearing farm.  Work continues on the Farmland Preservation Plan.  The draft County-wide Pre-disaster Hazard Mitigation Plan was submitted to the Federal Emergency Management Agency (FEMA).  Sixty farm status reviews and I&Es were performed.  Ten Wetland Reserve Program applications were approved for construction.  Thirty-seven farmers entered 79 parcels of land covering 6,169 acres for ag exemption.  The Hanover Creek Dry Detention basin design was completed.  NYSERDA did not fund a feasibility study for development of alternative energy.  1,000 feet of trail was improved at the Genesee Valley Outdoor Education Center. WATER RESOURCES MANAGEMENT:  The NYS EPF Round IX and EQIP project in Rushford Lake continued.  Six FL-LOWPA projects were completed on four farms.  EQIP projects were completed on seven farms in the Upper Genesee Basin.  The Source Water Assessment Project was completed by URS Consulting.  The Village of Wellsville developed a Source Water Protection Strategy. TECHNICAL ASSISTANCE:  A 109.6 mbf County sale of timber from the Griffin lot brought in $85,825.  The bridge decking at Seneca Oil Spring has been replaced.  Department of Public Works substantially completed $60,964 in FEMA funded repairs to County Lots.  Resource Management Systems planned on 13,940 acres, implemented on 13,307 acres.  There were 32 municipalities, 25 businesses, and 25 farms assisted.  Nutrient management applied to 2,000 acres and prescribed grazing on 740 acres.  Wildlife habitat improvement applied on 59 acres.  Farm based projects included six alternative water supplies, 78,000 feet of fence, five heavy use area protection, five grass filter areas, two sileage leachate control systems, 2,000 feet of access road, 8,059 feet of cattle laneway, six diversions, one milkwaste treatment system, two manure transfer systems and two waste storage systems, 9,500 acres of nutrient management, and 12 acres of forest stand improvement. CONSERVATION EDUCATION:  One college student did a ten-week summer internship with the District.  Work continued on the 24 acre Outdoor Education Center. REVENUES, ADMINISTRATION AND STAFFING:  Revenue programs generated $120,219.  The position of Environmental Planner was added and supported by grant activities.  A contribution agreement with NRCS funded positions of Technician and Program Assistant to assist with implementation of Farm Bill Programs.  Bob Pederson retired as District Conservationist and was replaced by Kathy Kos. Respectfully submitted, Frederick Sinclair

340 LEGISLATORS’ PROCEEDINGS

STOP DWI PROGRAM 2004 ANNUAL REPORT In 2004, the Allegany County STOP DWI Program completed 20 years as a community based resource totally funded by drunk driver funds. The 2004 budget of $143,468 was expended to provide a variety of services to the community to battle drunk driving. Funding from the agency aided in increased enforcement, prosecution, and supervision of offenders, as well as improving education efforts and public information. The agency relies on positive partnerships with law enforcement, the District Attorney’s Office, Town and Village officials, and not-for-profit organizations. During the year, eight municipalities plus the Allegany County Sheriff’s Department and the New York State Police participated in unannounced DWI patrols. A total of 341 alcohol-related arrests were made in 2004. This is a 17 percent increase over 2003. Five agencies participated in three County-wide “blanket” patrols. The STOP DWI Office continues to provide funding to the District Attorney’s Office to assist prosecutions of DWI arrests. The Probation Department received $21,000 for the year 2004 to be applied toward salaries for a Probation Officer and an Account Clerk to assist in the collection of fines, preparation of pre-sentence investigations, and supervision of those convicted of DWI offenses. This year funds were also provided to offset supervision of drunk drivers participating in the Electronic Home Monitoring program. The Victim Impact Panel, collaboratively administered by this agency, MADD, Probation, and the Allegany Council on Alcoholism, continued to be a viable tool for offender accountability and a method of Restorative Justice for victims of DWI crimes. In 2004, four Victim Panels were held with 208 defendants attending. This was a 13 percent increase over 2003. The STOP DWI Program continued to provide prevention and education services to youth and adults in the County. The agency supported the local SADD chapters by sponsoring the Awards Breakfast in May and the Leadership Training Conference in October. Donations were made for school-based drug and alcohol-free parties and to assist schools in purchasing products that can be used to educate students about the hazards of drinking and driving. The very successful initiative, Teen New Year’s Eve Event 2004, was sponsored by STOP DWI for a third year with grants from ACASA and Reality Check and with volunteers from Trapping Brook House, as well as clerical assistance from the Youth for Christ staff. This year, nearly 150 youths enjoyed the safe and fun-filled activities which are an alternative to the traditional celebrations. Many adults also attended with their younger children. STOP DWI is grateful for the efforts of local and State legislators who have lobbied to increase sanctions for repeat offenders and for tighter controls on alcohol sales to minors (e.g. the “Keg” law). This agency also recognizes the efforts of our local Probation Department which is now recommending to the Courts some of the strictest conditions for DWI offenders supervision to be found in New York State. Deborah Aumick, Coordinator

341 ANNUAL REPORTS

TOURISM 2004 ANNUAL REPORT In 2004, the Office of Tourism and Culture produced 150,000 copies of the Allegany County Travel and Outdoor Guide as our primary vehicle to promote the County as a travel and recreation destination. The guides were distributed at travel shows, AAAs, New York State Parks and Information Centers, Interstate 90 in Rochester, and other tourism promotion agencies throughout New York State, the Northeastern United States and Canada. We are in over 200 locations in Erie and Monroe Counties. In the 2004 guide we continued with three covers designed for seasons and types of requests and an Allegany County by Choice advertisement on the back cover. We continued with our successful Allegany County “more than a destination…an experience” advertising campaign. Response to this campaign remains very positive. The Allegany County / I Love New York cooperative ad program continues to see steady growth in partners and revenue. The Allegany County Visitor Center was opened May 2004 in the Crossroads Commerce and Conference Center located at Interstate 86, Exit 30 / NYS Route 19 Exchange. Finally, we applied for and received notice of our Matching Funds Grant for 2005. We were awarded $77,323, which is considerably less than previous years due to cuts in State funding. This amount however, will allow us to continue with most of our current program offerings. Respectfully submitted, Jesse Case, Tourism Specialist

342 LEGISLATORS’ PROCEEDINGS

TRAFFIC SAFETY BOARD 2004 ANNUAL REPORT In 2004, members of the Allegany County Traffic Safety Board were more active and attended more meetings than in 2003. They:  Facilitated the distribution of New York State Police surplus radar units to all County police departments desiring them,  Reviewed the existing Allegany County Traffic Safety Plan,  Reviewed County and State Traffic Safety Board laws and regulations and adjusted procedures to ensure compliance,  Maintained membership in the State Traffic Safety Board Association,  Individual members participated in the Traffic Safety Program at car seat checks and with the Whistle Stop Program,  Supervised the grant application process for the Governor’s Traffic Safety Committee annual grants, including a STEP grant in which nine of the County’s police departments participated,  Reviewed and redesigned the Traffic Safety booth at the County Fair,  Met with the Governor’s Traffic Safety Committee representative and supported the continuation of the Traffic Safety Program, and  Distributed 2,150 reflective Halloween bags to seven area school districts. Fred Demick, Chairman, Traffic Safety Board By Kath Buffington, TSB Secretary

343 ANNUAL REPORTS

TRAFFIC SAFETY PROGRAM 2004 ANNUAL REPORT In 2004, the Allegany County Traffic Safety Program was completely funded, for the seventh year, by the National Highway Traffic Safety Administration with a grant from the Governor’s Traffic Safety Committee. There were three elements: “Sharing Roads Safely 1,” a general traffic safety program; “Allegany Buckles Up Children Coalition,” a child passenger safety program; and “Buckle Up New York!” (BUNY), a zero-tolerance seat belt enforcement program. This last program was implemented by the Sheriff, as it is enforcement rather than education. The educational highlight was the Whistle Stop Program, which addressed the return of train traffic to the southern part of the County. Eighteen presentations were made to 2,445 students and 139 teachers and aids in eight school districts. The rest will receive materials at their schools in February 2005. Other highlights of the year included Traffic Safety Program participation in the Alfred Stop Light Celebration, the Riverwalk Firefighters’ Expo, Arc Family Day, the AWSHCN data base, and Wear Your Helmet to School Day in Friendship; organizing leafleting of fliers and reflective strips at Genesee Valley Central School to promote the new inline skating law, and a Predict-the-Snow Contest that helped promote skateboard safety and helmet use; making presentations at four birth preparation classes at Jones Memorial Hospital, nine programs to 131 people at the Senior Nutrition lunch sites, and in-service workshops for County Department of Health and Department of Social Services staff; and distributing and teaching proper use of about 200 multi-sport helmets. The child passenger safety coalition, Allegany Buckles Up Children (A.B.C.), inspected 209 seats; installed and distributed 207 new seats; organized 20 free, public seat checks; and planned and publicized a four-day technician training class. At the County Fair, the Traffic Safety Program supplied materials, staffing, and the booth rental fee. This year, TSP developed two Traffic Trivia “match boards” and a match game for pre-readers. Everyone who stopped at the booth received something. If the person completed the game, each received a ticket for a raffle. For kids, it was for one of seven multisport helmets and/or two bicycles. For the adults, the raffle prize was a $25 gift certificate for AutoZone. The AARP Safe Driver Program (formerly 55 Alive) in Allegany County was coordinated in 2004 by the Traffic Safety Program. Nineteen classes were taught and 415 people graduated. The Traffic Safety Program continued to supply handouts for the public; send news releases on topics of local interest, new laws, or traffic safety concerns; write and assist police departments with annual grant applications for refunding and new programs; and maintain grant fiscal accounts and comply with reporting requirements. Kath Buffington, Traffic Safety Program Coordinator

344 LEGISLATORS’ PROCEEDINGS

VETERANS’ SERVICE AGENCY 2004 ANNUAL REPORT January 1, 2004 – December 31, 2004 TOTAL CONTACTS: 2,498 TOTAL SERVICES: 4,900 The estimated Veteran population of Allegany County is as follows: WWI – 0; WWII – 685; KOREAN CONFLICT – 589; VIETNAM – 1,338; POST VIETNAM – 502; PEACETIME – 506; PERSIAN GULF – 473; THE TOTAL POPULATION IS: 4,093 The County Veterans Necrology Report for 2004 is as follows: WWI – 0; WWII – 70; KOREAN CONFLICT – 35; VIETNAM – 33; PEACETIME – 12; PERSIAN GULF – 0; TOTAL DEATHS: 150 During 2004 this Agency ordered 78 bronze plaques, 9 granite stones and 2 marble stones for Veterans’ gravesites. This Agency provides the following services: Veteran Administration home loans information; service connected compensation claims; New York State tax exemptions from real property; burial, educational, and pension benefits; completion of Annual Income Reports; and assisting with any inquiries and settlements of Veteran’s Life Insurance. To provide these services a total of 2,080 letters and telephone calls were sent and received, and 410 personal visits from Veterans and various service organizations were conducted. Approximately 75 percent of letters going out were for Veteran claims. There were 50 out-of-office contacts including 10 home visits to Veterans or widows too disabled to make an office visit. The Director also made calls to Nursing Homes in the area. Monetary benefits realized by Veterans of the County and their families are as follows: COMPENSATION: $3,840,504; PENSION: $515,153; EDUCATION: $638,057; TOTAL BENEFITS: $4,993,714. Among the major accomplishments of this office is working with the Blue Star Families of Allegany County Support Group in raising $5,000 for packages for our troops serving in the military from Allegany County. Our office has added to our list of Purple Heart Recipients which stands at 193 and counting. Our office was able to present a long overdue Purple Heart Medal to the daughter of a deceased WWI Veteran after 86 years! Our office played a major role in raising funds for the refurbishing of the Community Based Outreach Clinic, which amounted to almost $10,000. Respectfully submitted, H. Scott Spillane, Director

345 ANNUAL REPORTS

WEIGHTS AND MEASURES 2004 ANNUAL REPORT The year 2004 began with the annual reports to the County and State being filed by me for the first time. Once I received my new inspection blue stickers (good for four years), I began the process of learning responsibilities I hadn’t covered in 2003 by applying the laws and regulations as explained to me by the State Specialist. This included pharmacy scales and package checking on a greater scale. Testing this year covered 167 establishments with 234 inspections made. The 39 commercial gas stations including two marinas and one airport were tested, inspected and approved. This year 97 gas and diesel samples were taken under the NYS Octane Testing Program with one failure (corrected). All 13 pharmacies and two hospital pharmacies were tested, inspected and approved. All 14 active truck scales were tested with one failure. Ten bulk tanks were checked and or recalibrated. There were ten businesses closed and two new openings under my jurisdiction this year. Device test summary as follows: DEVICE Scales Liquid Measures Weights Miscellaneous Non-Commercial Total Tests PACKAGES IN LOTS MEASURED 3305

CORRECT 290 659 182 32 18 1181

INCORRECT 0 21 0 0 0 21

TOTAL 290 680 182 32 18 1202

PACKAGES MEASURED 352

LOTS PASSED 32

LOTS FAILED 0

Several complaints during the year could not be substantiated because of insufficient information. I ran a letter to the editor to clarify needs of a complaint. All violations found during testing and inspecting were explained and corrected at that time or in a period of time allowed by the Director. This department has followed up on all calls for assistance and will continue to do so. Respectfully submitted, Gilbert Green, Director

346 LEGISLATORS’ PROCEEDINGS

MUTUAL SELF-INSURANCE PLAN (WORKERS’ COMPENSATION) 2004 ANNUAL REPORT The Allegany County Mutual Self-Insurance Plan is the Workers’ Compensation insurance carrier for all County, Town, Village, Private Industry Council, and Soil & Water Conservation District employees. In addition, all active Allegany County Volunteer Firefighters and Volunteer Ambulance Corps workers are covered. Approximately 2,500 people are insured by the Plan. COMPARISON OF LOST TIME COMPENSATION CLAIMS 2004 2003 INCREASE Town 2 2 County 6 3 3 Volunteer Firefighter 6 1 5 Volunteer Ambulance 1 0 1 TOTAL 15 6 9 Although total claims, at 111, decreased to the lowest level in two decades, our lost time claims climbed to the highest number since 1999. Eleven of our fifteen lost time claims this year occurred in Public Works, Sheriff’s Department, and Firefighting, our most dangerous areas. COMPARISON OF PHYSICALS TAKEN 2004 Pre-employment 127 Firefighter & Ambulance 64 TOTAL 191

2003 178 85 263

DECREASE 51 21 72

All employees including part-time, temporary seasonal, summer help, and Job Trak must have a pre-employment physical. In addition, all Volunteer Firefighter and Ambulance Corps members are required, under the Local Law, to have a physical before acting in the line of duty. Our office maintains all physical records by department, organization, and individual on a permanent basis. COMPARISON OF HEARING RESULTS 2004 Continued 37 Closed 19 TOTAL 56

2003 39 29 68

DECREASE 2 10 12

Allegany County employee hearings are typically held in Hornell, Olean, Buffalo, and Rochester, but can be requested by the claimant at any State-wide site. More frequent meetings with Workers’ Compensation Conciliators and continued court leniency toward claimant failure to attend and lack of preparedness have delayed timely case decisions. Safety awards were presented at luncheons for the Villages, Towns and County Public Works Department employees. This marked the eighth year of safety awards to volunteer fire companies and ambulance corps for 100 percent physical compliance and no lost time claims. Three organizations were recognized at the July County Fire Convention in Friendship. Respectfully submitted, Douglas A. Dillon, Executive Secretary

347 ANNUAL REPORTS

YOUTH BUREAU 2004 ANNUAL REPORT During 2004, the Office of Children and Family Services allocated $124,543 to Allegany County for youth programs, a $13,061 decrease from funding allotted for 2003. Of this money, $28,465 supported seven Special Delinquency Prevention Programs, $35,566 was granted to 26 municipalities including Allegany County for the operation of recreation programs, $16,895 was used to offset administrative costs of running the Youth Bureau, $31,874 was allocated to ten Youth Service programs directed toward Youth Development, and $11,743 was used to fund five County programs using Youth Initiative monies. The Youth Bureau continues to actively collaborate with governmental, civic, and notfor-profit agencies throughout Allegany County in order to meet the needs of all County youth. For example, as a participant in Communities that Care and as a member of the Children and Youth Unified Services, this agency continues to work with others to address identified gaps in services to our County youth and families. Similarly, the Bureau has contributed statistical information to the Data Partnership which has established a single database on the Internet which can be accessed by all Allegany County agencies for grant-writing and reporting purposes. The Bureau continues to work with other agencies to provide assistance to troubled youth so that they may successfully remain in the community. Specifically, funding for these “high-risk” youth is granted to programs such as STEP and FIRST STEP (an adventure based, experiential program) and the Summer Youth Employment Program. On November 1, 2003, the Youth Bureau took over the administration of the Allegany County Youth Court. The Youth Court has nearly doubled its membership and referrals under the leadership of Coordinator Sienna Markel. During 2004, 38 cases were tried in the Court with all but one defendant successfully completing Court imposed sanctions. The Court now has 75 trained members, eight of whom are former defendants. In 2004, the Youth Bureau continued its outreach to area schools to find ways to better serve our youth. The Bureau has been privileged to partner with the Allegany-Cattaraugus BOCES, Houghton College, and several local school districts on a 21st Century Learning grant. The Bureau also continues to participate in Allegany County’s Business, Education, and Community Coalition to foster the Youth Career Day. The Youth Bureau continues to work closely with the various Towns and Villages which administer youth recreation programs. These contacts are valuable for monitoring and evaluation purposes, and also for networking and sharing information between and among youth organizations. The Allegany County Youth Bureau is committed to encouraging the development of innovative youth programs which are based upon the principles of Youth Development. The Youth Bureau wishes to extend thanks to the members of the Youth Board, the Youth Court Board, the Public Safety Committee, and the Board of Legislators for their continued support and assistance. Deborah Aumick, Director

348 LEGISLATORS’ PROCEEDINGS

MORTGAGE TAX APPORTIONMENT TABLE Pursuant to the authority conferred by the Tax Law of the State of New York, the Board of Legislators of Allegany County, New York, ordered and directed the County Treasurer that there be paid to the proper officers of the several tax districts entitled thereto, the mortgage tax moneys belonging to the several towns and villages of the County for the period October 1, 2003 through March 31, 2004.

TOWN

AMOUNT OF TAX

PAYABLE TO TOWN

PAYABLE TO VILLAGE

NAME OF VILLAGE

Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar

13,580.25 2,088.43 3,663.76 10,715.83 8,474.45 8,923.11 16,003.50 9,174.95 257.95 12,327.77

10,763.38 2,088.43 3,663.76 9,777.31 7,024.98 7,231.00 13,063.92 9,174.95 257.95 9,641.59

2,816.87

Alfred

938.52 1,449.47 1,692.11 2,939.58

Almond Belmont Andover Angelica

5,409.40 12,371.88 3,504.63 5,461.61 16,331.45 5,310.34 9,133.10 1,773.63 2,526.60 25,476.06 3,246.49 4,846.88 10,209.92 7,040.50 2,405.58 40,788.40 1,598.79 6,943.41 3,723.98 -------------------253,312.65

4,667.75 12,371.88 3,504.63 5,461.61 13,569.58 5,310.34 9,133.10 1,773.63 2,526.60 25,476.06 3,246.49 4,846.88 10,209.92 7,040.50 2,405.58 29,546.03 1,598.79 6,943.41 3,443.30 ------------------225,763.35

2,505.72 180.46 741.65

(Bolivar) (Richburg) Canaseraga

2,761.87

Cuba

11,242.37

Wellsville

280.68 -------------------27,549.30

Wirt

Burns Caneadea Centerville Clarksville Cuba Friendship Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt

Resolution No. 92-04 Dated: May 10, 2004

Brenda A. Rigby, Clerk of the Board Allegany County Board of Legislators

349 TABLES, CHARTS, FINANCIAL INFORMATION MORTGAGE TAX APPORTIONMENT TABLE Pursuant to the authority conferred by the Tax Law of the State of New York, the Board of Legislators of Allegany County, New York, ordered and directed the County Treasurer that there be paid to the proper officers of the several tax districts entitled thereto, the mortgage tax moneys belonging to the several towns and villages of the County for the period April 1, 2004 through September 30, 2004.

TOWN

AMOUNT OF TAX

PAYABLE TO TOWN

PAYABLE TO VILLAGE

NAME OF VILLAGE

Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar

13,676.94 1,638.16 5,103.37 14,076.83 12,352.05 8,104.76 8,034.36 6,847.97 607.19 8,043.35

10,840.01 1,638.16 5,103.37 12,843.95 10,239.35 6,567.84 6,558.58 6,847.97 607.19 6,290.73

2,836.93

Alfred

1,232.88 2,112.70 1,536.92 1,475.78

Almond Belmont Andover Angelica

13,933.26 11,201.11 4,447.14 8,484.12 20,103.52 7,064.38 6,670.36 1,305.83 5,544.14 11,341.29 3,857.81 3,254.00 16,475.56 9,627.35 2,028.96 29,557.20 1,532.21 4,270.80 3,277.81 -------------------242,461.83

12,022.95 11,201.11 4,447.14 8,484.12 16,703.75 7,064.38 6,670.36 1,305.83 5,544.14 11,341.29 3,857.81 3,254.00 16,475.56 9,627.35 2,028.96 21,410.45 1,532.21 4,270.80 3,030.76 ------------------217,810.12

1,634.88 117.74 1,910.31

(Bolivar) (Richburg) Canaseraga

3,399.77

Cuba

8,146.75

Wellsville

247.05 -------------------24,651.71

Wirt

Burns Caneadea Centerville Clarksville Cuba Friendship Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt

Resolution No. 216-04 Dated: November 8, 2004

Brenda A. Rigby, Clerk of the Board Allegany County Board of Legislators

350 LEGISLATORS’ PROCEEDINGS 2005 BUDGET FOR ALLEGANY COUNTY MUTUAL SELF-INSURANCE PLAN (WORKERS’ COMPENSATION) Pursuant to the provisions of Section 67, Subd. 1 of the Workers’ Compensation Law of the State of New York and to Allegany County Local Law No. 3 of 2002, as amended establishing and continuing a Mutual Self-Insurance Plan, we hereby submit the following estimate of the amounts necessary for the operation of the Plan for the calendar year of 2005. S1710.100 S1710.101 S1710.102 S1710.105 S1710.106 S1710.107

PERSONAL SERVICES Regular Holiday Vacation Sick Personal

$

S1710.201 EQUIPMENT S1710.400 S1710.401 S1710.402 S1710.406 S1710.407

S1710.411 S1710.413 S1710.416 S1710.419 S1710.421 S1710.432

CONTRACTUAL EXPENSE Postage/UPS Administrative Mileage/Exp. Employers’ Excess. Liab. Office Supplies Dues, Books, Fees, Bonds State Assessments Medical Evaluations Attorney Fees Physical Exams Equipment Repair Equipment Rental Telephone Copying & Printing Education Safety Program

S1710.801 S1710.802 S1710.803 S1710.804 S1710.805 S1710.806

EMPLOYEE BENEFITS Retirement FICA Workers’ Compensation Disability North American

S1710.409

52,380 2,480 4,690 2,260 1,140

$

62,950

$

0

$

0

$

1,600 2,700 43,000 800 400 72,000 13,000 28,900 7,000 300 0 1,100 400 0 7,000

$

1,300 4,700 1,200 300 7,600

$ 178,200

$

15,100

S1720.406 CLAIMANT INDEMNITY

$ 310,000

$ 310,000

S1720.409 FEES (ATTORNEY)

$

$

S1720.430 CLAIMANT MEDICAL

$ 195,000

$ 195,000

S1720.431 CLAIMANT MILEAGE/MED.

$

$

10,000

7,500

TOTAL 2004 BUDGET

10,000

7,500

$ 778,750

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - S510

REVENUE Apportionment by Apportionment by Apportionment by Private Industry

TOTAL 2005 REVENUE (Continued Next Page)

Assessment Experience Payroll Council

$

7,758 155,170 612,922 2,900

$ 778,750 $ 778,750

351 TABLES, CHARTS, FINANCIAL INFORMATION APPORTIONMENT OF COSTS OF MUTUAL SELF-INSURANCE PLAN (WORKERS’ COMPENSATION) We, the duly appointed Personnel Committee of the Allegany County Board of Legislators, do hereby certify that, pursuant to Local Law No. 3 of 2002 as amended and Sections 66 and 67 of the Workers’ Compensation Law, the amounts set forth below constitute the share due from each of the participants of the Allegany County Mutual Self-Insurance Plan as provided by budget for its operation during the calendar year 2005. ALLEGANY COUNTY:

$ 414,973

TOWN OF: Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar Burns Caneadea Centerville Clarksville Cuba Friendship Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt

VILLAGE OF: $

8,599 4,556 5,114 5,881 7,020 7,049 5,258 14,295 13,888 23,357 6,037 17,763 4,520 6,101 23,091 16,614 9,808 4,055 5,917 9,898 16,055 4,704 14,109 9,275 3,618 21,328 3,165 7,949 7,505

Alfred Almond Andover Angelica Belmont Bolivar Canaseraga Cuba Richburg Wellsville

$

15,816 146 4,436 5,406 4,287 3,780 1,839 10,264 1,087 27,287

$

74,348

$ 286,529 ALLEGANY COUNTY MUTUAL SELF-INSURANCE PLAN Douglas A. Dillon, Executive Secretary PERSONNEL COMMITTEE OF THE ALLEGANY COUNTY BOARD OF LEGISLATORS APPROVED BUDGET AND APPORTIONMENT JULY 19, 2004 Daniel Russo, Chairman Kenneth Nielsen Edmund Burdick Patrick Regan William Dibble

352 LEGISLATORS’ PROCEEDINGS LEGISLATORS’ COMPENSATION TABLE FOR 2004 COMMITTEE WORK

LEGISLATORS BENNETT, Rodney K. BURDICK, Edmund C. CRANDALL, Curt DIBBLE, William G. GRAFFRATH, James A. HEINEMAN, Robert MYERS, Susan F. NIELSEN, Kenneth PALMER, James G. REGAN, Patrick REYNOLDS, Brent RUSSO, Daniel SHERMAN, Edgar SOBECK, Robert TRUAX, Ronald B.

# MTGS. 162 143 120 200 64 59 228 78 179 17 61 124 124 76 64

MILES MILEAGE 3,113 1,167.42 4,604 1,726.07 1,575 590.63 4,900 1,837.50 456 171.00 0 0.00 4,301 1,613.20 1,235 463.28 3131 1,174.17 116 43.50 2,057 771.40 1,612 604.53 4,468 1,675.50 586 219.76 1,117 418.92

OTHER EXPENSES 0.00 7.15 0.00 14.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

REGULAR/SPECIAL SESSIONS ATTENDED TOTAL MILEAGE # MTGS. MILES MILEAGE & EXPENSES 25 995 373.13 1,540.55 25 1,100 412.50 2,145.72 25 750 281.25 871.88 25 1,500 562.50 2,414.30 24 408 153.00 324.00 23 0 0.00 0.00 24 408 153.12 1,766.32 21 630 236.34 699.62 24 720 270.00 1,444.17 19 252 94.50 138.00 24 720 270.00 1,041.40 24 576 216.00 820.53 24 1,248 468.00 2,143.50 23 480 180.00 399.76 22 748 280.50 699.42

SALARY 8,500.00 8,500.00 8,500.00 8,500.00 8,500.00 8,500.00 8,500.00 8,500.00 17,000.00 8,500.00 8,500.00 8,800.00 8,500.00 8,500.00 8,500.00

GRAND TOTAL 10,040.55 10,645.72 9,371.88 10,914.30 8,824.00 8,500.00 10,266.32 9,199.62 18,444.17 8,638.00 9,541.40 9,620.53 10,643.50 8,899.76 9,199.42

I hereby certify that the Board of Legislators of Allegany County was in session 25 days for the period commencing January 1, 2004 and ending December 31, 2004. The above constitutes a complete statement of all compensation paid and expenses reimbursed to each member during said period. Compensation for James G. Palmer includes $8,500 as Chairman of the Board, and compensation for Daniel Russo includes $300 as Majority leader, pursuant to Resolution No. 290-03 adopted December 18, 2003. Brenda A. Rigby, Clerk of the Board Allegany County Board of Legislators

353 TABLES, CHARTS, FINANCIAL INFORMATION

SPECIAL DISTRICT VALUATIONS 2005 WATER Belfast Caneadea Houghton Cuba WD481 WD483 WD484 Hume Independence WD601 Scio WD661 WD663 Wellsville Sinclair Riverside East State Str. Bolivar Road George Street West

14,365,955 61,639,279 154,900 5,166,100 16,250,000 11,562,569 5,340,500 14,438,894 3,577,336 4,370,100 4,100,700 304,980 7,494,967 416,358 5,820,883

HYDRANT Alfred

6,345,624

SIDEWALK Friendship Hume

14,447,176 11,372,669

REFUSE Friendship

12,485,742

LIGHT Alma Belfast Caneadea Oramel Houghton Friendship Grove Swain Hume LD581 LD582 LD583 Independence New Hudson Rushford Scio Wellsville Hillcrest SEWER Caneadea Houghton Cuba SD481 SD482 SD483 Hume Wellsville Airport State Street Bolivar Road Sinclair

LAKE DISTRICT Caneadea Cuba Rushford

1,849,320 13,915,435 2,709,643 1,117,743 17,329,043 13,764,776 35,500 3,286,149 2,461,100 11,372,669 5,824,326 2,163,982 5,811,185 13,833,720 2,035,900

59,893,287 249,200 154,900 5,166,100 11,562,569 4,358,782 304,980 7,494,967 4,792,700

9,014,300 20,542,751 42,293,700

FIRE Belfast Bolivar 1 Bolivar 2 Caneadea Centerville Clarksville Friendship Grove 1 Grove 2 Richburg-Wirt Rushford Scio 1 Scio 2

FIRE PROTECTION Alfred Allen Alma Almond Amity Andover Angelica Birdsall Burns Cuba Friendship Genesee Fire 1 Fire 2 Granger Hume Independence New Hudson Ward Wellsville West Almond Willing

38,605,595 45,270,546 1,365,719 61,323,837 26,616,870 31,358,812 13,492,868 18,199,096 11,585,207 30,227,541 77,593,467 14,737,311 28,768,957

48,000,972 21,580,694 27,882,860 48,091,077 33,447,517 30,167,600 27,653,113 18,901,095 26,575,026 76,428,901 28,252,867 20,553,911 21,987,589 19,671,607 84,359,741 37,459,496 25,932,767 18,459,282 105,323,980 24,290,553 68,255,470

354 LEGISLATORS’ PROCEEDINGS 2005 EQUALIZATION AND APPORTIONMENT TABLE Town

ALFRED ALLEN ALMA ALMOND AMITY ANDOVER ANGELICA BELFAST BIRDSALL BOLIVAR BURNS CANEADEA CENTERVILLE CLARKSVILLE CUBA FRIENDSHIP GENESEE GRANGER GROVE HUME INDEPENDENCE NEW HUDSON RUSHFORD SCIO WARD WELLSVILLE WEST ALMOND WILLING WIRT TOTALS County Eq. Rate Est. Rev. to be Raised

Total Assessed Value

Total Exempt Value

Total Taxable Value Used For Tax Rate

Taxable Value Used For Apportionment Inc Vets & Clergy Exempt

328,055,341 21,840,494 28,950,946 90,303,097 88,434,041 56,644,326 55,886,003 45,632,425 19,582,025 53,986,074 40,267,794 121,344,445 27,162,270 33,026,612 163,752,517 49,156,735 44,242,155 20,684,957 30,268,503 92,749,254 49,366,361 28,497,247 89,667,307 50,114,089 18,948,282 296,714,436 25,584,310 69,789,873 32,746,101

247,356,903 802,583 1,773,189 40,442,452 39,670,805 7,310,773 13,974,436 8,577,043 6,948,007 8,803,347 7,438,627 63,660,334 4,942,822 2,460,107 57,696,122 9,835,176 2,518,967 2,218,077 1,233,639 45,004,423 6,664,336 5,210,123 15,150,460 7,490,802 2,967,262 80,964,141 8,248,753 3,228,000 3,223,029

80,698,438 21,037,911 27,177,757 49,860,645 48,763,236 49,333,553 41,911,567 37,055,382 12,634,018 45,182,727 32,829,167 57,684,111 22,219,448 30,566,505 106,056,395 39,321,559 41,723,188 18,466,880 29,034,864 47,744,831 42,702,025 23,287,124 74,516,847 42,623,287 15,981,020 215,750,295 17,335,557 66,561,873 29,523,072

81,208,533 21,193,829 27,654,495 50,651,663 49,496,724 50,372,929 42,665,180 37,611,081 12,701,624 46,239,656 33,360,029 58,264,580 22,380,928 31,061,779 107,699,540 40,124,830 42,465,459 18,616,550 29,250,052 48,653,908 43,039,812 23,595,257 75,238,277 43,459,759 16,132,585 219,979,985 17,515,302 67,363,901 30,106,426

2,073,398,020

705,814,738

1,367,583,282

1,388,104,673

96.510607% $19,961,088

Equal Rate

Equalized True Value For Apportionment

100.00% 95.00% 100.00% 100.00% 85.00% 100.00% 90.00% 94.00% 100.00% 100.00% 100.00% 100.00% 100.00% 83.00% 92.00% 98.00% 85.00% 87.00% 100.00% 100.00% 100.00% 100.00% 100.00% 92.00% 98.00% 100.00% 100.00% 100.00% 93.00%

County Taxable Equalized Value

Town % of County Budget

Total County Levy by Town

Tax Rate for County Levy

Vets & Clergy

Town

13.899714 14.647130 14.054696 15.003819 16.494317 14.103410 15.623075 14.914407 14.340025 14.135510 14.035759 13.951399 13.912788 16.911097 15.246090 14.382214 16.538981 16.005003 13.914775 14.075393 13.921666 13.995170 13.946130 15.308121 14.227963 14.083192 16.297591 13.978837 15.145515

510,095 155,918 476,738 791,018 733,488 1,039,376 753,613 555,699 67,606 1,056,929 530,862 580,469 161,480 495,274 1,643,145 803,271 742,271 149,670 215,188 909,077 337,787 308,133 721,430 836,472 151,565 4,229,690 179,745 802,028 583,354

ALFRED ALLEN ALMA ALMOND AMITY ANDOVER ANGELICA BELFAST BIRDSALL BOLIVAR BURNS CANEADEA CENTERVILLE CLARKSVILLE CUBA FRIENDSHIP GENESEE GRANGER GROVE HUME INDEPENDENCE NEW HUDSON RUSHFORD SCIO WARD WELLSVILLE WEST ALMOND WILLING WIRT

81,208,533 22,309,294 27,654,495 50,651,663 58,231,440 50,372,929 47,405,756 40,011,788 12,701,624 46,239,656 33,360,029 58,264,580 22,380,928 37,423,830 117,064,717 40,943,704 49,959,364 21,398,333 29,250,052 48,653,908 43,039,812 23,595,257 75,238,277 47,238,868 16,461,821 219,979,985 17,515,302 67,363,901 32,372,501

80,698,438 22,145,169 27,177,757 49,860,645 57,368,513 49,333,553 46,568,408 39,420,619 12,634,018 45,182,727 32,829,167 57,684,111 22,219,448 36,827,114 115,278,690 40,124,040 49,086,104 21,226,299 29,034,864 47,744,831 42,702,025 23,287,124 74,516,847 46,329,660 16,307,163 215,750,295 17,335,557 66,561,873 31,745,239

5.64617709% 1.55109590% 1.92273115% 3.52165282% 4.04865117% 3.50227331% 3.29597495% 2.78189537% 0.88310447% 3.21489967% 2.31941921% 4.05095529% 1.55607641% 2.60196268% 8.13914623% 2.84668858% 3.47351939% 1.48775966% 2.03366527% 3.38275512% 2.99242446% 1.64050494% 5.23108373% 3.28437181% 1.14453932% 15.29452516% 1.21778455% 4.68360282% 2.25075946%

1,121,685.22 308,145.02 381,975.11 748,100.11 804,316.29 695,771.34 654,787.54 552,659.06 181,172.13 638,680.90 460,782.26 804,774.03 309,134.46 516,913.13 1,616,945.39 565,531.06 690,059.01 295,562.47 404,013.59 672,027.27 594,483.35 325,907.27 1,039,221.62 652,482.43 227,377.36 3,038,452.84 282,527.82 930,457.54 447,142.12

1,438,292,348

1,416,980,298

100.00%

19,961,087.74

Full Value Tax Rate County Taxable Value Tax Rate

14.087061

14.595885

355 TABLES, CHARTS, FINANCIAL INFORMATION

2005 TOWN AND COUNTY TAX RATES, AS SPREAD TOWNS

COUNTY RATE

TOWN AND FORESTLAND RATE

ALFRED

13.899714

5.436368

COUNTY AND TOWN OUTSIDE RATE 19.336082

TOWN INSIDE RATE

COUNTY AND TOWN INSIDE

ALLEN

14.647130

7.397047

22.044177

ALMA

14.054696

17.222943

31.277639

ALMOND

15.003819

8.656034

23.659853

5.650434 20.654253

AMITY

16.494317

8.289295

24.783612

5.248946 21.743263

ANDOVER

14.103410

9.678532

23.781942

5.203768 19.307178

ANGELICA

15.623075

4.733673

20.356748

3.275780 18.898855

BELFAST

14.914407

11.987204

26.901611

BIRDSALL

14.340025

8.513673

22.853698

BOLIVAR

14.135510

14.006570

28.14208

6.279136 20.414646

BURNS

14.035759

8.808451

22.84421

6.674029 20.709788

CANEADEA

13.951399

9.627414

23.578813

CENTERVILLE

13.912788

10.767272

24.68006

CLARKSVILLE

16.911097

12.805165

29.716262

CUBA

15.246090

8.527642

23.773732

FRIENDSHIP

14.382214

13.568537

27.950751

GENESEE

16.538981

10.254575

26.793556

GRANGER

16.005003

10.938212

26.943215

GROVE

13.914775

10.054513

23.969288

HUME

14.075399

12.213146

26.288545

INDEPENDENCE

13.921666

10.451645

24.373311

NEW HUDSON

13.995170

10.695494

24.690664

RUSHFORD

13.946130

8.094587

22.040717

SCIO

15.308121

10.612993

25.921114

WARD

14.227963

12.438739

26.666702

WELLSVILLE

14.083192

7.502310

21.585502

WEST ALMOND

16.297591

5.271886

21.569477

WILLING

13.978837

5.448322

19.427159

WIRT

15.145515

10.715815

25.86133

2.976613 16.876327

7.015652 22.261742

4.045913 18.129105

10.626356 25.771871

356 LEGISLATORS’ PROCEEDINGS

ALLEGANY COUNTY 2005 TAX RATES – TOWN AND COUNTY SPECIAL DISTRICTS TOWNS ALFRED ALLEN ALMA ALMOND AMITY ANDOVER ANGELICA BELFAST BIRDSALL BOLIVAR BURNS CANEADEA CENTERVILLE CLARKSVILLE CUBA FRIENDSHIP GENESEE GRANGER GROVE HUME INDEPENDENCE NEW HUDSON RUSHFORD SCIO WARD WELLSVILLE WEST ALMOND WILLING WIRT

BOLIVAR FD381 FD761

HUME LD581HumeLight LD582R&WLight LD583HumeLight SW581Sidewalk

FIRE PROTECTION .624987 .499752 1.542166 .519847 1.315494 .878426 .337033 1.055158 .753131

FIRE DISTRICT

FIRE #1

FIRE #2

LIGHT DISTRICT

WATER DISTRICT

HYDRANT DISTRICT .055471

.648887

.431176

2.366707

.526810 1.536923 .636814 1.658226 0.519516 1.312079 1.356627

2.620347 1.203497

.769269

.172634

70.422535

1.647609

.858468 .924222 1.084116 .571068

.762520 .670047 1.121211 1.311083 1.018127 1.608163 .422552 .883322 .237747 .930680 2.482967

RATE 1.754257 2.907157

CANEADEA Houghton Light Houghton Water Houghton Sewer Oramel Light Caneadea Light Lake

RATE 1.027038 1.544025 .738613 1.406882

RUSHFORD Lake

.135075

RATE .807892 3.121695 .421066 .581529 .922631 2.436240

RATE 2.436273

CUBA Lake SD481 SD483 WD483 WD484

SCIO WD661 WD663

RATE 2.311278

FRIENDSHIP SW501 LD501 RD501

RATE 2.338727 1.232494 3.201732

.091015

RATE 1.601646 3.801712

WELLSVILLE SD701SinclairSewer SD702BolivarRdSewer WD701SinclairWater WD702RiversideWater WD704BolivarRdWater WD706GeorgeStWater WD707WestWlsv Water

RATE .521627 .220148 .137297 .146316 .262443 5.733047 3.951291

357 TABLES, CHARTS, FINANCIAL INFORMATION SALARIES OF TOWN OFFICERS - 2005 TOWN ALFRED ALLEN ALMA ALMOND AMITY ANDOVER ANGELICA BELFAST BIRDSALL BOLIVAR BURNS CANEADEA CENTERVILLE CLARKSVILLE CUBA FRIENDSHIP GENESEE GRANGER GROVE HUME INDEPENDENCE NEW HUDSON RUSHFORD SCIO WARD WELLSVILLE WEST ALMOND WILLING WIRT

SUPERVISOR $3,477 $3,500 $3,720 $3,300 $2,000 $5,750 $3,850 $5,175 $3,000 $4,000 $5,000 $3,100 $3,600 $6,200 $9,522 $5,200 $5,000 $3,600 $2,800 $6,230 $4,200 $3,800 $4,400 $5,728 $11,000 $8,500 $880 $4,200 $4,000

HIGHWAY SUPER. $38,289 $27,955 $40,475 $41,000 $42,640 $43,900 $40,484 $37,080 $30,600 $37,618 $35,000 $38,268 $27,000 $36,700 $40,373 $40,881 $33,000 $27,508 $34,100 $38,575 $42,500 $31,000 $37,200 $35,280 $32,000 $44,000 $32,285 $42,300 $30,000

a. Salary for Town Clerk and Tax Collector are combined. b. Town contracted out $15,202 for assessment services. c. Town contracted out $8,687 for assessment services. d. Town contracted out $18,500 for assessment services. e. Town contracted out $15,000 for assessment services. *Indicates salary for two town justices.

TOWN CLERK $27,482 $2,500 $9,600 $9,111 $9,890 $8,350 $6,400 $7,950 $3,500 $10,712 $7,250 $11,823 $1,800 $6,500 $10,155 $12,864 $6,200 $3,000 $2,500 $13,800 $9,135 $4,000 $6,600 $6,000 $3,300 $29,237 $1,450 $5,600 $9,464

JUSTICES * $6,146 $1,200 $2,880 $7,685 $5,586 $5,000 $6,900 $5,150 $1,500 $3,700 $4,200 $6,750 $900 $3,500 * $11,375 * $11,000 $4,200 $1,200 $2,500 $9,375 $4,000 $2,000 $5,300 * $6,500 $1,750 $6,184 $1,600 $5,400 $4,000

COUNCILMEN $4,640 $1,560 $4,800 $4,000 $2,000 $4,600 $4,000 $3,400 $2,000 $3,400 $5,000 $4,000 $2,800 $4,250 $7,200 $9,600 $2,900 $2,400 $2,400 $7,400 $3,640 $2,000 $3,500 $3,360 $2,400 $12,800 $1,300 $4,900 $480

ASSESSORS $11,187 $4,750 c $10,143 $9,790 $11,250 $11,825 $9,000 $4,300 $12,000 $8,200 b $11,500 $6,500 $15,066 $8,516 $9,250 $3,800 $5,400 e $6,265 $8,260 d $5,310 $3,500 $16,500 $2,700 $6,000 $9,400

COLLECTORS a $900 a a a $2,350 a $1,000 a $750 a a $1,000 $2,000 a a $1,500 $500 $1,000 $2,120 $1,400 $2,100 a $1,530 $1,250 $8,000 $700 $1,450 a

358 LEGISLATORS’ PROCEEDINGS

SUMMARY OF THE TOWN BUDGETS FOR THE YEAR 2005 Expenditures

Estimated Revenues

Unexpended Balance

Amount to be Raised by Tax

$51,596 $16,850 $45,300 $35,300 $0 $0 $149,046

$33,378 $2,589 $2,220 $6,316 $0 $0 $44,503

$125,909 $15,846 $104,239 $100,871 $30,000 $352 $377,217

$8,767 $135,609 $0 $144,376

$4,000 $20,000 $0 $24,000

$66,207 $86,191 $10,785 $163,183

$13,860 $95,441 $0 $0 $109,301

$5,000 $5,000 $400 $0 $10,400

$166,565 $293,361 $1,200 $43,000 $504,126

$35,112 $1,950 $43,824 $86,839 $0 $167,725

$8,000 $0 $5,000 $8,000 $0 $21,000

$130,536 $9,331 $183,106 $136,079 $25,000 $484,052

$49,550 $1,825 $24,700 $46,000 $0 $122,075

$55,000 $0 $55,000 $67,000 $0 $177,000

$124,989 $5,625 $122,800 $92,000 $44,000 $389,414

$0 $0 $30,000 $15,000 $0 $45,000

$140,365 $15,200 $106,483 $122,066 $26,500 $410,614

ALFRED General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire Protection Hydrant Total

$210,883 $35,285 $151,759 $142,487 $30,000 $352 $570,766 ALLEN

General Fund Highway – Townwide Fire Protection Total

$78,974 $241,800 $10,785 $331,559 ALMA

General Fund Highway – Townwide Light District Fire Protection Total

$185,425 $393,802 $1,600 $43,000 $623,827

ALMOND General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire Protection Total

$173,648 $11,281 $231,930 $230,918 $25,000 $672,777 AMITY

General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire Protection Total

$229,539 $7,450 $202,500 $205,000 $44,000 $688,489

ANDOVER General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire District Total

$166,765 $17,180 $206,460 $171,716 $26,500 $588,621

$26,400 $1,980 $69,977 $34,650 $0 $133,007

359 TABLES, CHARTS, FINANCIAL INFORMATION

Unexpended Balance

Amount to be Raised by Tax

$22,100 $0 $0 $28,693 $0 $50,793

$69,131 $0 $63,681 $39,718 $9,320 $181,850

$32,000 $22,000 $114,454 $0 $0 $168,454

$176,962 $256,996 $34,000 $6,000 $40,735 $514,693

$4,251 $47,750 $0 $52,001

$10,500 $28,000 $1,365 $39,865

$75,742 $69,610 $14,235 $159,587

$203,192.00 $19,370.00 $158,900.00 $220,400.00 $79,416.16 $3,970.36

$53,200.00 $1,900.00 $500.00 $40,500.00 $0.00 $0.00

$35,000.00 $0.00 $16,000.00 $0.00 $0.00 $0.00

$114,992.00 $17,470.00 $142,400.00 $179,900.00 $79,416.16 $3,970.36

$685,248.52

$96,100.00

$51,000.00

$538,148.52

$15,000 $0 $20,000 $10,000 $0 $45,000

$136,395 $0 $82,160 $52,920 $14,000 $285,475

$10,000 $162,000 $53,000 $30,000 $0 $0 $0 $0 $0 $255,000

$147,189 $401,749 $192,419 $25,219 $14,000 $2,500 $650 $94,250 $21,961 $899,937

Expenditures

Estimated Revenues

ANGELICA General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire District Total

$345,114 $10,175 $302,610 $180,319 $9,350 $847,568

$253,883 $10,175 $238,929 $111,908 $30 $614,925

BELFAST General Fund Highway – Townwide Water District Light District Fire District Total

$249,890 $390,900 $1,504,478 $6,000 $44,161 $2,195,429

$40,928 $111,904 $1,356,024 $0 $3,426 $1,512,282

BIRDSALL General Fund Highway – Townwide Fire Protection Total

$90,493 $145,360 $15,600 $251,453 BOLIVAR

General Fund General Outside Village Highway – Townwide Highway – Outside Village Bolivar Joint Fire District Richburg-Wirt Fire Protection Total

BURNS General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire Protection Total

$171,370 $3,450 $173,660 $103,920 $14,000 $466,400

$19,975 $3,450 $71,500 $41,000 $0 $135,925

CANEADEA General Fund Highway – Townwide Houghton Water District Houghton Sewer District Houghton Light District Caneadea Light District Oramel Light District Fire District Caneadea Lake District Total

$216,328 $650,559 $284,919 $210,019 $14,000 $2,500 $650 $94,250 $21,961 $1,495,186

$59,139 $86,810 $39,500 $154,800 $0 $0 $0 $0 $0 $340,249

360 LEGISLATORS’ PROCEEDINGS

Expenditures

Estimated Revenues

Unexpended Balance

Amount to be Raised by Tax

$20,000 $0 $0 $20,000

$92,620 $179,000 $16,950 $288,570

$21,900 $44,000 $0 $65,900

$5,000 $1,000 $0 $6,000

$123,815 $257,440 $52,000 $433,255

$176,910 $8,000 $44,257 $230,900 $0 $0 $0 $0 $0 $0 $460,067

$126,356.11 $18,074.97 $30,786.11 $943.18 $0 $2,803.15 $l,504.80 $3,184.12 $520.53 $0.00 $184,173.00

$483,862 $0 $234,151 $105,779 $39,706 $0 $0 $0 $1,479 $47,480 $912,458

$40,000 $40,000 $5,000 $0 $5,000 $1,000 $0 $0 $0 $91,000

$311,136 $217,140 $35,356 $37,070 $33,788 $16,965 $39,976 $0 $0 $691,431

$5,000 $10,000 $0 $0 $15,000

$94,346 $320,887 $27,884 $26,462 $469,579

$5,000 $15,000 $0 $20,000

$84,424 $119,919 $15,000 $219,343

CENTERVILLE General Fund Highway – Townwide Fire District Total

$121,820 $272,500 $16,950 $411,270

$9,200 $93,500 $0 $102700

CLARKSVILLE General Fund Highway – Townwide Fire Protection Total

$150,715 $302,440 $52,000 $505,155 CUBA

General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire District Sewer District #1 Sewer District #3 Water District #3 Water District #4 Cuba Lake District Total

$787,128 $18,700 $309,194 $337,622 $39,706 $300 $1,500 $1,000 $2,000 $47,480 $1,544,631

FRIENDSHIP General Fund Highway – Townwide Fire District #502 Fire Protection Dist. #501 Sidewalk District Street Lighting District Refuse District Water District Sewer District Total

$506,840 $350,764 $92,676 $37,070 $38,838 $18,000 $110,698 $168,635 $171,705 $1,495,226

$155,704 $93,624 $52,320 $0 $50 $35 $70,722 $168,635 $171,705 $712,795

GENESEE General Fund Highway – Townwide Fire District #1 – Bolivar Fire District #2 – Portville Total

$162,671 $405,670 $27,884 $26,462 $622,687

$63,325 $74,783 $0 $0 $138,108

GRANGER General Fund Highway – Townwide Fire Protection Total

$99,499 $228,123 $15,000 $342,622

$10,075 $93,204 $0 $103,279

361 TABLES, CHARTS, FINANCIAL INFORMATION Estimated Revenues

Expenditures

Unexpended Balance

Amount to be Raised by Tax

$12,550 $115,500 $0 $0 $0 $128,050

$10,500 $106,000 $0 $0 $400 $116,900

$90,370 $197,670 $2,500 $14,000 $2,000 $306,540

$107,100 $153,700 $0 $0 $0 $0 $200 $98,900 $138,300 $498,200

$121,450 $112,816 $425 $425 $300 $1,800 $14,411 $28,872 $15,458 $295,957

$180,000 $388,500 $56,525 $3,375 $3,800 $8,400 $16,000 $0 $0 $656,600

$30,000 $30,000 $3,000 $6,150 $0 $69,150

$152,100 $277,229 $5,000 $0 $42,000 $476,329

$15,000 $30,000 $0 $0 $45,000

$96,910 $163,221 $34,000 $2,000 $296,131

$164,261 $114,500 $0 $0 $0 $278,761

$18,000 $38,000 $0 $0 $0 $56,000

$259,555 $333,320 $103,039 $79,000 $6,300 $781,214

$41,238 $101,500 $84,350 $0 $100 $0 $0 $227,188

$3,500 $3,000 $3,000 $0 $6,000 $0 $0 $15,500

$163,697 $276,986 $23,126 $13,600 $7,900 $23,700 $47,400 $556,409

GROVE General Fund Highway – Townwide Dalton Lighting District Canaseraga Fire District #1 Nunda Fire District #2 Total

$113,420 $419,170 $2,500 $14,000 $2,400 $551,490 HUME

General Fund Highway – Townwide Fire Protection Hume Light #1 R & W Light #2 Hume Light #3 Hume Sidewalk District Hume Sewer District Water District (I & II) Total

$408,550 $655,016 $56,950 $3,800 $4,100 $10,200 $30,611 $127,772 $153,758 $1,450,757

INDEPENDENCE General Fund Highway – Townwide Light District Water District Fire District Total

$196,825 $410,500 $8,000 $37,150 $42,000 $694,475

$14,725 $103,271 $0 $31,000 $0 $148,996

NEW HUDSON General Fund Highway – Townwide Fire District Light District Total

$120,010 $262,021 $34,000 $2,000 $418,031

$8,100 $68,800 $0 $0 $76,900

RUSHFORD General Fund Highway – Townwide Lake District Fire District Light District Total

$441,816 $485,820 $103,039 $79,000 $6,300 $1,115,975 SCIO

General Fund Highway – Townwide Water District #1 Water District #3 Light District Fire District #1 Fire District #2 Total

$208,435 $381,486 $110,476 $13,600 $14,000 $23,700 $47,400 $799,097

362 LEGISLATORS’ PROCEEDINGS Estimated Revenues

Expenditures

Unexpended Balance

Amount to be Raised by Tax

$15,000 $15,000 $0 $30,000

$89,923 $129,232 $7,800 $226,955

$66,000 $34,000 $6,000 $70,000 $20,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $196,000

$508,363 $117,222 $0 $320,345 $215,584 $93,035 $275 $600 $600 $1,967 $2,387 $2,500 $1,650 $0 $23,000 $1,287,528

$12,850 $40,313 $0 $53,163

$83,840 $38,925 $5,775 $128,540

$73,800 $84,500 $0 $158,300

$35,000 $40,000 $0 $75,000

$164,420 $187,976 $63,524 $415,920

$18,355 $4,035 $74,350 $47,935 $0 $144,675

$0 $0 $0 $0 $0 $0

$136,929 $245 $167,872 $2,000 $75,054 $382,100

WARD General Fund Highway – Townwide Fire Protection Total

$113,363 $200,007 $7,800 $321,170

$8,440 $55,775 $0 $64,215

WELLSVILLE General Fund General Outside Village Enterprise – Airport Highway – Townwide Highway – Outside Village Fire Protection Hillcrest Light Sinclair Water Riverside Water Bolivar Road Water George Street Water Sinclair Sewer Bolivar Road Sewer Airport Sewer West Wellsville Water Total

$805,752 $177,572 $56,281 $462,745 $428,867 $93,035 $275 $600 $600 $1,967 $2,387 $2,500 $1,650 $21,829 $23,000 $2,079,060

$231,389 $26,350 $50,281 $72,400 $193,283 $0 $0 $0 $0 $0 $0 $0 $0 $21,829 $0 $595,532

WEST ALMOND General Fund Highway – Townwide Fire Protection Total

$102,390 $188,838 $5,775 $297,003

$5,700 $109,600 $0 $115,300 WILLING

General Fund Highway – Townwide Fire Protection Total

$273,220 $312,476 $63,524 $649,220 WIRT

General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire Protection Total

$155,284 $4,280 $242,222 $49,935 $75,054 $526,775

363 2005 ALLEGANY COUNTY BUDGET ALLEGANY COUNTY APPROPRIATION AND TAX BUDGET FOR 2005 TABLE OF CONTENTS Page SUMMARY OF BUDGET: Exhibit A - Summary of Budget - By Funds .................................................................................................................................................. 364 SCHEDULES SHOWING BUDGET DETAILS: Appropriations Schedule 1-A General Fund ................................................................................................................................................. 366 Schedule 1-CD1 W.I.A. Grant Fund .......................................................................................................................................... 389 Schedule 1-CS Risk Retention Fund ...................................................................................................................................... 392 Schedule 1-CSH Risk Retention – Health Fund ........................................................................................................................ 393 Schedule 1-D County Road Fund ......................................................................................................................................... 394 Schedule 1-DM Road Machinery Fund.................................................................................................................................... 396 Schedule 1-S Self Insurance Fund ....................................................................................................................................... 398 Schedule 1-V Debt Service Fund ......................................................................................................................................... 399 Estimated Revenues Other Than Real Property Taxes Schedule 2-A General Fund ................................................................................................................................................. 400 Schedule 2-CD1 W.I.A. Grant Fund .......................................................................................................................................... 413 Schedule 2-CS Risk Retention Fund ...................................................................................................................................... 415 Schedule 2-CSH Risk Retention – Health Fund ........................................................................................................................ 416 Schedule 2-D County Road Fund ......................................................................................................................................... 417 Schedule 2-DM Road Machinery Fund.................................................................................................................................... 418 Schedule 2-S Self Insurance Fund ....................................................................................................................................... 420 Schedule 2-V Debt Service Fund ......................................................................................................................................... 420 Statement of Special Reserves Schedule 3 All Funds........................................................................................................................................................ 421 Statement of Debt Schedule 4 All Funds........................................................................................................................................................ 422 Capital Fund Project Schedule 5 Capital Project Fund ...................................................................................................................................... 424 Estimated Cash Surplus at End of Present Fiscal Year Schedule 6 All Funds........................................................................................................................................................ 425

364 LEGISLATORS’ PROCEEDINGS EXHIBIT

A - SUMMARY OF BUDGET - BY FUNDS

APPROPRIATIONS

TOTAL

GENERAL FUND

General Government Support Education Public Safety Health Bus Transportation Economic Asst. & Opportunity: Social Services 32,055,541 Economic Development 189,750 Veterans Service 74,393 Consumer Affairs 39,227 Prog. For Aging 1,243,562 Culture & Recreation Home & Community Services Undistributed: Employee Benefits Inter-Fund Transfers: County Road Fund Road Machinery Fund W.I.A. Grant Fund Capital Fund Debt Service Fund Risk Retention - Health Fund Risk Retention - Insurance Fund W.I.A. Grant Fund Transportation (Highway) Debt Service Self Insurance Fund

5,943,446 2,108,850 5,549,511 7,460,238 771,000 33,602,473

5,609,946 2,108,850 5,549,511 7,460,238 771,000 33,602,473

420,707 1,645,130

420,707 1,645,130

13,473,255

8,168,000

5,106,913 418,431 21,300 0 1,050,600 0 333,500 1,132,770 7,209,849 1,179,800 778,750 -----------------88,206,523

5,106,913 418,431 21,300 0 1,050,600 0 333,500

TOTAL APPROPRIATIONS:

W.I.A. GRANT FUND

RISK RETEN. FUND

RISK RET. HEALTH FUND

COUNTY ROAD FUND

ROAD MACH. FUND

SELF INS. FUND

DEBT SERVICE FUND

333,500

4,860,000

377,700

67,555

6,466,473

743,376

1,132,770 1,179,800 ----------------72,266,599-

---------------1,132,770-

----------------333,500-

------------4,860,000 ----

----------------6,844,173-

----------------810,931-

778,750 ----------------778,750-

----------------1,179,800-

365 2005 ALLEGANY COUNTY BUDGET

LESS: Estimated Revenues Other Than Real Property Taxes: Other Real Ppty. Tax Items Non-Property Taxes Departmental Income Intergovernmental Charges Use of Money & Property Licenses & Permits Fines & Forfeitures Ppty. Sales & Comp. For Loss Miscellaneous State Aid Federal Aid Inter-Fund Revenues Inter-Fund Transfers TOTAL ESTIMATED REVENUES: APPROPRIATED RESERVE: APPROPRIATED FUND BALANCE:

BALANCE TO BE RAISED BY REAL PROPERTY TAXES:

1,195,000 16,476,000 6,959,508 1,221,750 132,500 4,600 7,500 1,022,200 716,508 11,966,764 14,572,145 6,898,216 6,930,744 ----------------68,103,435 142,000 0 ----------------68,245,435 19,961,088

AVERAGE FULL VALUE TAX RATE:

14.511998253

TAXABLE EQUALIZED VALUE:

1,375,488,589

1,195,000 16,476,000 6,959,508 423,000 130,500 4,600 7,500 1,014,000 513,008 10,732,519 13,750,351 957,525 ----------------52,163,511 142,000 ----------------52,305,511

20,000 1,000

4,000 821,794 285,676 21,300 ----------------1,132,770

333,500 ----------------333,500

----------------4,860,000

5,700 1,500 1,230,245 0 478,815 5,106,913 ----------------6,844,173

----------------1,132,770

----------------333,500

----------------4,860,000

----------------6,844,173

1,597,323

increase in levy

202,000

8.70

4,658,000

% increase in tax levy

0.85 6.20%

778,750 1,000

2,500

389,000 418,431 ----------------810,931

----------------778,750

129,200 1,050,600 ----------------1,179,800

----------------810,931

----------------778,750

----------------1,179,800

increase in tax rate increase in tax rate

366 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

SCHEDULE

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

1–A

APPROPRIATIONS - GENERAL FUND GENERAL GOVERNMENT SUPPORT LEGISLATIVE A1010 Legislative Board A1010.1 A1010.2 A1010.4 A1011 County Administrator A1011.1 A1011.2 A1011.4 A1040 Clerk, Legislative Board A1040.1 A1040.2 A1040.4

Personnel Services Equipment Contractual Expenses Total Legislative Board

136,782 0 25,934 162,716

136,300 200,000 19,375 355,675

136,600 0 26,200 162,800

136,600 0 26,200 162,800

136,600 0 26,200 162,800

Personnel Services Equipment Contractual Expenses Total County Administrator

109,791 0 50,833 160,624

112,191 0 18,800 130,991

119,090 0 8,900 127,990

119,090 0 8,900 127,990

119,090 0 8,900 127,990

Personnel Services Equipment Contractual Expenses Total Clerk, Legislative Board

151,354 0 17,299 168,653

128,773 0 17,876 146,649

158,605 2,200 16,980 177,785

158,605 2,200 16,780 177,585

158,605 2,200 16,780 177,585

491,993

633,315

468,575

468,375

468,375

0 0

400 400

0 0

0 0

0 0

311,807 26,084 56,085 393,976

330,838 300 52,440 383,578

342,025 0 63,740 405,765

342,025 0 53,740 395,765

342,025 0 53,740 395,765

TOTAL LEGISLATIVE JUDICIAL A1162 Unified Court Cost A1162.4 A1165 District Attorney A1165.1 A1165.2 A1165.4

Contractual Expenses Total Unified Court Cost Personnel Services Equipment Contractual Expenses Total District Attorney

367 2005 ALLEGANY COUNTY BUDGET

A1170 Public Defender A1170.1 A1170.2 A1170.4 A1171 Assigned Counsel A1171.4 A1180 Justices & Constables A1180.4

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

Personnel Services Equipment Contractual Expenses Total Public Defender

138,394 0 28,990 167,384

151,891 0 31,320 183,211

167,552 0 28,970 196,522

167,552 0 28,270 195,822

167,552 0 28,270 195,822

Contractual Expenses Total Assigned Counsel

111,569 111,569

184,450 184,450

187,000 187,000

185,500 185,500

185,500 185,500

1,380 1,380

1,800 1,800

0 0

0 0

2,000 2,000

8,700 0 34,565 43,265

12,000 50 35,300 47,350

12,000 0 35,250 47,250

12,000 0 35,250 47,250

12,000 0 35,250 47,250

5,590 5,590

5,180 5,180

5,180 5,180

5,180 5,180

5,180 5,180

723,164

805,969

841,717

829,517

831,517

1,058 1,058

1,100 1,100

1,100 1,100

1,100 1,100

1,100 1,100

291,462 227 64,101 355,790

295,552 0 69,949 365,501

309,768 500 67,800 378,068

309,768 500 67,800 378,068

309,768 500 67,800 378,068

Contractual Expenses Total Justices & Constables

A1185 Medical Examiners & Coroners A1185.1 Personnel Services A1185.2 Equipment A1185.4 Contractual Expenses Total Medical Exam. & Coroners A1190 Grand Jury A1190.4

Contractual Expenses Total Grand Jury

TOTAL JUDICIAL FINANCE A1320 Auditor A1320.1 A1325 Treasurer A1325.1 A1325.2 A1325.4

Personnel Services Total Auditor Personnel Services Equipment Contractual Expenses Total Treasurer

368 LEGISLATORS’ PROCEEDINGS

A1340 Budget A1340.1 A1355 Assessments A1355.1 A1355.2 A1355.4 A1362 Tax Sale & Redemption A1362.4

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

4,000 4,000

4,000 4,000

4,000 4,000

4,000 4,000

4,000 4,000

227,270 510 36,778 264,558

217,777 0 40,070 257,847

232,279 0 41,547 273,826

220,658 0 41,547 262,205

220,658 0 41,547 262,205

12,736 12,736

15,000 15,000

15,000 15,000

15,000 15,000

15,000 15,000

638,142

643,448

671,994

660,373

660,373

Personnel Services Equipment Contractual Expenses Total County Clerk

535,970 392 51,184 587,546

527,122 0 53,190 580,312

528,321 1,000 61,900 591,221

528,321 1,000 61,900 591,221

528,321 1,000 111,900 641,221

Personnel Services Equipment Contractual Expenses Total County Attorney

247,978 300 57,213 305,491

253,606 489 74,931 329,026

293,005 0 65,153 358,158

293,005 0 65,153 358,158

293,005 0 65,153 358,158

Personnel Services Equipment Contractual Expenses Total Human Resources

167,071 0 17,257 184,328

165,959 0 13,918 179,877

173,132 200 14,306 187,638

173,132 200 14,306 187,638

173,132 200 14,306 187,638

Personnel Services Total Budget Personnel Services Equipment Contractual Expenses Total Assessments Contractual Expenses Total Tax Sale & Redemption

TOTAL FINANCE STAFF A1410 County Clerk A1410.1 A1410.2 A1410.4 A1420 County Attorney A1420.1 A1420.2 A1420.4 A1430 Human Resources A1430.1 A1430.2 A1430.4

369 2005 ALLEGANY COUNTY BUDGET

A1450 Elections A1450.1 A1450.2 A1450.4

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

89,799 0 37,912 127,711

93,794 0 48,670 142,464

162,360 336,000 76,925 575,285

102,360 0 76,925 179,285

102,360 0 76,925 179,285

276,661 0 14,933 291,594

279,801 0 14,025 293,826

295,383 2,000 15,825 313,208

295,383 1,500 15,625 312,508

295,383 1,500 15,625 312,508

1,496,670

1,525,505

2,025,510

1,628,810

1,678,810

0 97,570 97,570

0 119,200 119,200

4,000 115,200 119,200

4,000 115,200 119,200

4,000 115,200 119,200

357,767 4,168 482,963 844,898

362,543 2,900 443,150 808,593

383,030 6,100 540,650 929,780

348,030 5,850 476,600 830,480

348,030 5,850 476,600 830,480

9,500 9,500

0 0

0 0

0 0

0 0

Equipment Contractual Expenses Total Central Service Copying

408 19,845 20,253

0 25,500 25,500

0 22,000 22,000

0 22,000 22,000

0 22,000 22,000

Contractual Expenses Total Accounting & Auditing

50,000 50,000

53,000 53,000

58,000 58,000

56,000 56,000

56,000 56,000

Personnel Services Equipment Contractual Expenses Total Elections

A1490 Public Works Administration A1490.1 Personnel Services A1490.2 Equipment A1490.4 Contractual Expenses Total Public Works Administration TOTAL STAFF SHARED SERVICES A1610 Central Service Telephone A1610.2 Equipment A1610.4 Contractual Expenses Total Central Service Telephone A1620 Buildings A1620.1 A1620.2 A1620.4 A1621 Architectural Services A1621.4 A1670 Central Service Copying A1670.2 A1670.4 A1671 Accounting & Auditing A1671.4

Personnel Services Equipment Contractual Expenses Total Buildings Contractual Expenses Total Architectural Services

370 LEGISLATORS’ PROCEEDINGS

A1672 Central Service U.P.S. A1672.4 A1673 Central Service Postage A1673.4

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

Contractual Expenses Total Central Service U.P.S.

3,707 3,707

3,800 3,800

4,200 4,200

4,200 4,200

4,200 4,200

Contractual Expenses Total Central Service Postage

3,002 3,002

30,550 30,550

30,300 30,300

30,300 30,300

30,300 30,300

164,044 61,991 43,047 269,082

170,395 43,500 63,165 277,060

177,515 20,450 57,650 255,615

177,515 20,450 57,650 255,615

177,515 20,450 57,650 255,615

1,298,012

1,317,703

1,419,095

1,317,795

1,317,795

359,961 359,961

425,530 425,530

446,151 446,151

446,151 446,151

446,151 446,151

4,598 4,598

4,735 4,735

4,825 4,825

4,825 4,825

4,825 4,825

0 0

570 570

500 500

500 500

500 500

967 967

1,600 1,600

1,600 1,600

1,600 1,600

1,600 1,600

A1680 Central Service Computer A1680.1 Personnel Services A1680.2 Equipment A1680.4 Contractual Expenses Total Central Service Computer TOTAL SHARED SERVICES SPECIAL ITEMS A1910 Unallocated Insurance A1910.4

Contractual Expenses Total Unallocated Insurance

A1920 Municipal Association Dues A1920.4 Contractual Expenses Total Municipal Association Dues A1930 Judgements A1930.4

Contractual Expenses Total Judgements

A1950 Taxes on Municipal Property A1950.4 Contractual Expenses Total Taxes on Municipal Property

371 2005 ALLEGANY COUNTY BUDGET

A1990 Contingent A1990.4

Contractual Expenses Total Contingent

TOTAL SPECIAL ITEMS TOTAL GENERAL GOVERNMENT SUPPORT

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

0 0

169,600 169,600

200,000 200,000

200,000 200,000

200,000 200,000

365,526

602,035

653,076

653,076

653,076

5,013,507

5,527,975

6,079,967

5,557,946

5,609,946

530,644 530,644

521,500 521,500

575,000 575,000

550,000 550,000

550,000 550,000

227 1,653,676 1,653,903

200 1,286,750 1,286,950

350 1,808,500 1,808,850

350 1,558,500 1,558,850

350 1,558,500 1,558,850

2,184,547

1,808,450

2,383,850

2,108,850

2,108,850

716,632 65,607 111,103 893,342

718,066 46,560 95,335 859,961

790,675 90,500 118,943 1,000,118

766,330 5,500 103,443 875,273

766,330 5,500 103,443 875,273

3,157 3,157

8,500 8,500

7,500 7,500

7,500 7,500

7,500 7,500

EDUCATION COMMUNITY COLLEGES A2495 Contribution to Community Colleges A2495.4 Contractual Expenses Total Contrib. to Community Colleges SPECIAL EDUCATION PHC A2960 Special Education PHC A2960.2 A2960.4

Equipment Contractual Expenses Total Special Education PHC

TOTAL EDUCATION PUBLIC LAW ENFORCEMENT A3110 Sheriff A3110.1 A3110.2 A3110.4 A3111 Sheriff - Drug Program A3111.4

Personnel Services Equipment Contractual Expenses Total Sheriff Contractual Expenses Total Sheriff - Drug Program

SAFETY

372 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

272,976 10,865 3,031 286,872

252,387 250 1,050 253,687

263,750 1,500 2,431 267,681

263,750 1,500 2,431 267,681

263,750 1,500 2,431 267,681

22,667 0 34,630 260 57,557

37,124 2,000 36,469 0 75,593

39,069 8,512 58,244 15,676 121,501

39,069 8,512 58,244 15,676 121,501

39,069 8,512 58,244 15,676 121,501

Personnel Services Equipment Contractual Expenses Total Probation

626,756 538 87,102 714,396

613,569 6,641 90,168 710,378

628,075 0 93,202 721,277

628,075 0 93,202 721,277

628,075 0 93,202 721,277

Personnel Services Equipment Contractual Expenses Employee Benefits Total STOP DWI Program

21,256 2,454 91,877 14,585 130,172

26,464 2,500 93,550 20,954 143,468

26,464 2,500 91,550 20,954 141,468

26,464 2,500 91,550 20,954 141,468

26,464 2,500 91,550 20,954 141,468

A3142 Alternatives to Incarceration A3142.1 Personnel Services A3142.4 Contractual Expenses A3142.8 Employee Benefits Total Alternatives to Incarceration

31,103 1,547 7,244 39,894

32,714 2,440 11,564 46,718

32,714 2,440 13,018 48,172

32,714 2,440 13,018 48,172

32,714 2,440 13,018 48,172

A3143 Probation - Intensive Supervision A3143.1 Personnel Services A3143.4 Contractual Expenses A3143.8 Employee Benefits Total Probation - Intensive Supervision

5,170 1,803 6,804 13,777

23,655 3,850 10,426 37,931

24,849 3,850 11,712 40,411

24,849 3,850 11,712 40,411

24,849 3,850 11,712 40,411

A3112 E-911 Dispatch A3112.1 A3112.2 A3112.4 A3114 Traffic Safety Program A3114.1 A3114.2 A3114.4 A3114.8 A3140 Probation A3140.1 A3140.2 A3140.4 A3141 STOP DWI Program A3141.1 A3141.2 A3141.4 A3141.8

Personnel Services Equipment Contractual Expenses Total E-911 Dispatch Personnel Services Equipment Contractual Expenses Employee Benefits Total Traffic Safety Program

373 2005 ALLEGANY COUNTY BUDGET ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

2,633,106 4,172 196,377 2,833,655

2,230,925 5,250 205,905 2,442,080

2,587,361 17,750 223,880 2,828,991

2,587,361 9,250 209,880 2,806,491

2,587,361 9,250 209,880 2,806,491

318,000 318,000

175,000 175,000

250,000 250,000

200,000 200,000

200,000 200,000

5,290,822

4,753,316

5,427,119

5,229,774

5,229,774

711 711

2,125 2,125

0 0

0 0

2,125 2,125

711

2,125

0

0

2,125

37,639 42,831 29,977 110,447

39,844 60,000 35,400 135,244

40,737 20,000 37,375 98,112

40,737 20,000 37,375 98,112

40,737 20,000 37,375 98,112

-2,523 45,434 42,911

49,402 72,000 121,402

0 72,000 72,000

0 72,000 72,000

0 72,000 72,000

153,358

256,646

170,112

170,112

170,112

A3150 Jail A3150.1 A3150.2 A3150.4

Personnel Services Equipment Contractual Expenses Total Jail

A3170 Other Correction Agencies A3170.4 Contractual Expenses Total Other Correction Agencies TOTAL LAW ENFORCEMENT TRAFFIC CONTROL A3310 Traffic Control A3310.4

Contractual Expenses Total Traffic Control

TOTAL TRAFFIC CONTROL FIRE PREVENTION AND CONTROL A3410 Fire A3410.1 Personnel Services A3410.2 Equipment A3410.4 Contractual Expenses Total Fire A3510 Fire E-911 A3510.2 A3510.4

Equipment Contractual Expenses Total Fire E-911

TOTAL FIRE PREVENTION AND CONTROL

374 LEGISLATORS’ PROCEEDINGS

EMERGENCY SERVICES A3640 Emergency Services A3640.1 A3640.2 A3640.4

Personnel Services Equipment Contractual Expenses Total Emergency Services

TOTAL EMERGENCY SERVICES TOTAL PUBLIC SAFETY

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

71,891 1,300 61,509 134,700

73,065 75,000 77,130 225,195

75,111 0 72,389 147,500

75,111 0 72,389 147,500

75,111 0 72,389 147,500

134,700

225,195

147,500

147,500

147,500

5,579,591

5,237,282

5,744,731

5,547,386

5,549,511

1,186,773 9,062 223,179 1,419,014

1,025,512 1,500 256,350 1,283,362

1,115,062 91,500 270,575 1,477,137

1,100,062 1,500 265,575 1,367,137

1,100,062 1,500 265,575 1,367,137

731,222 30,933 883,215 1,645,370

834,496 39,452 684,030 1,557,978

935,386 45,449 919,750 1,900,585

930,386 3,695 836,250 1,770,331

930,386 3,695 836,250 1,770,331

3,901 124,672 23,886 152,459

0 95,300 23,887 119,187

0 108,870 32,001 140,871

0 108,870 32,001 140,871

0 108,870 32,001 140,871

4,476 0 4,476

1,150 0 1,150

1,293 11,085 12,378

1,293 11,085 12,378

1,293 11,085 12,378

HEALTH PUBLIC HEALTH A4010 County Health Department A4010.1 Personnel Services A4010.2 Equipment A4010.4 Contractual Expenses Total County Health Department A4011 Health - Nurses A4011.1 A4011.2 A4011.4 A4035 Family Planning Clinic A4035.2 A4035.4 A4035.8 A4037 Public Health - Lead A4037.4 A4037.8

Personnel Services Equipment Contractual Expenses Total Health - Nurses Equipment Contractual Expenses Employee Benefits Total Family Planning Clinic Contractual Expenses Employee Benefits Total Public Health - Lead

375 2005 ALLEGANY COUNTY BUDGET ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

192,737 5,000 718,515 916,252

159,713 1,500 594,250 755,463

181,695 750 789,300 971,745

181,695 750 777,800 960,245

181,695 750 777,800 960,245

23,175 23,175

16,650 16,650

20,800 20,800

20,800 20,800

20,800 20,800

18,726 18,726

20,000 20,000

20,000 20,000

20,000 20,000

20,000 20,000

A4047 Community Health Assessment A4047.4 Contractual Expenses Total Comm. Health Assessment

1,193 1,193

1,000 1,000

500 500

500 500

500 500

A4050 Water Quality Management A4050.2 Equipment A4050.4 Contractual Expenses Total Water Quality Management

16,179 61,149 77,328

0 72,400 72,400

0 81,400 81,400

0 81,400 81,400

0 81,400 81,400

9,736 9,736

18,472 18,472

9,550 9,550

9,550 9,550

9,550 9,550

265 26,991 27,256

1,500 33,375 34,875

500 31,700 32,200

500 31,700 32,200

500 31,700 32,200

0 0

6,000 6,000

3,000 3,000

3,000 3,000

3,000 3,000

A4040 Long Term Health Care A4040.1 A4040.2 A4040.4 A4043 Rabies Clinics A4043.4

`

Personnel Services Equipment Contractual Expenses Total Long Term Health Care Contractual Expenses Total Rabies Clinics

A4046 Physically Handicapped Children Program A4046.4 Contractual Expenses Total P.H. Children Program

A4051 Tobacco Awareness A4051.4

Contractual Expenses Total Tobacco Awareness

A4052 Health Department - IHAP A4052.2 Equipment A4052.4 Contractual Expenses Total Health Department - IHAP A4053 Hep-B Vaccine A4053.4

Contractual Expenses Total Hep-B Vaccine

376 LEGISLATORS’ PROCEEDINGS

A4054 Rabies - Dom. Animal Damage A4054.4 Contractual Expenses Total Rabies - Dom. Animal Damage A4056 Immunization Under 24 Mo. A4056.4 Contractual Expenses A4056.8 Employee Benefits Total Immunization Under 24 Mo. A4060 Health Dept. - E.I.P. A4060.4 A4070 TB Care & Treatment A4070.4 A4071 Cancer Screening A4071.4 A4071.8 A4083 Healthy Heart A4083.4

Contractual Expenses Total Health Dept. - E.I.P. Contractual Expenses Total TB Care & Treatment Contractual Expenses Employee Benefits Total Cancer Screening Contractual Expenses Total Healthy Heart

A4189 Bioterrorism Preparedness A4189.2 Equipment A4189.4 Contractual Expenses Total Bioterrorism Preparedness

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

0 0

250 250

0 0

0 0

0 0

650 0 650

2,418 0 2,418

1,451 8,290 9,741

1,451 8,290 9,741

1,451 8,290 9,741

280,043 280,043

381,000 381,000

303,000 303,000

303,000 303,000

303,000 303,000

1,866 1,866

5,000 5,000

5,000 5,000

5,000 5,000

5,000 5,000

59,092 6,422 65,514

59,250 6,422 65,672

86,250 6,422 92,672

86,250 6,422 92,672

86,250 6,422 92,672

554 554

1,750 1,750

2,500 2,500

2,500 2,500

0 0

25,929 34,648 60,577

32,502 97,958 130,460

15,000 60,000 75,000

15,000 60,000 75,000

15,000 60,000 75,000

25,972 184,866 210,838

5,100 208,087 213,187

4,662 169,442 174,104

4,662 169,442 174,104

4,662 169,442 174,104

4,915,027

4,686,274

5,332,183

5,080,429

5,077,929

A4190 WIC A4190.2 A4190.4

Equipment Contractual Expenses Total WIC

TOTAL PUBLIC HEALTH

377 2005 ALLEGANY COUNTY BUDGET ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

NARCOTIC ADDICTION CONTROL A4220 Council on Alcoholism & Substance Abuse A4220.4 Contractual Expenses Total Council on Alch. & Subs. Abuse

265,518 265,518

265,518 265,518

265,518 265,518

265,518 265,518

265,518 265,518

TOTAL NARCOTIC ADDICTION CONTROL

265,518

265,518

265,518

265,518

265,518

130,473 3,064 1,069,454 28,590 1,231,581

133,478 2,634 1,102,484 28,186 1,266,782

145,275 1,200 1,122,251 28,967 1,297,693

145,275 1,200 1,122,251 28,967 1,297,693

145,275 1,200 1,122,251 28,967 1,297,693

12,342 12,342

12,576 12,576

12,545 12,545

12,545 12,545

12,545 12,545

Personnel Services Equipment Contractual Expenses Employee Benefits Total Mental Health - Youth ICM

89,439 9,534 58,303 22,662 179,938

97,644 29,558 59,512 19,053 205,767

103,950 3,263 72,749 19,797 199,759

103,950 3,263 72,749 19,797 199,759

103,950 3,263 72,749 19,797 199,759

Contractual Expenses Total Mental Health CSS

193,353 193,353

193,388 193,388

166,103 166,103

166,103 166,103

166,103 166,103

449,503 449,503

477,317 477,317

371,844 371,844

371,844 371,844

371,844 371,844

MENTAL HEALTH A4310 Mental Health Administration A4310.1 Personnel Services A4310.2 Equipment A4310.4 Contractual Expenses A4310.8 Employee Benefits Total Mental Health Adm. A4311 Mental Health - Adult ICM A4311.4 Contractual Expenses Total Mental Health - Adult ICM A4312 Mental Health - Youth ICM A4312.1 A4312.2 A4312.4 A4312.8 A4314 Mental Health CSS A4314.4

A4315 Mental Health Reinvestment A4315.4 Contractual Expenses Total Mental Health Reinvestment

378 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

31,950 13,422 5,018 50,390

33,990 12,577 3,994 50,561

34,650 12,544 11,653 58,847

34,650 12,544 11,653 58,847

34,650 12,544 11,653 58,847

0 0

10,000 10,000

10,000 10,000

10,000 10,000

10,000 10,000

TOTAL MENTAL HEALTH

2,117,107

2,216,391

2,116,791

2,116,791

2,116,791

TOTAL HEALTH

7,297,652

7,168,183

7,714,492

7,462,738

7,460,238

822,782 822,782

520,000 520,000

771,000 771,000

771,000 771,000

771,000 771,000

822,782

520,000

771,000

771,000

771,000

3,662,122 84,900 1,905,648 5,652,670

3,574,122 70,400 1,863,082 5,507,604

3,574,122 70,400 1,863,082 5,507,604

A4316 Mental Health ICM A4316.1 A4316.4 A4316.8

Personnel Services Contractual Expenses Employee Benefits Total Mental Health ICM

A4390 Mental Hygiene Law Exp. A4390.4 Contractual Expenses Total Mental Hygiene Law Exp.

BUS TRANSPORTATION BUS TRANSPORTATION A5630 Bus Transportation A5630.4

Contractual Expenses Total Bus Transportation

TOTAL BUS TRANSPORTATION

ECONOMIC ASSISTANCE AND OPPORTUNITY SOCIAL SERVICES (Non-Program) A6010 Social Services Administration A6010.1 Personnel Services A6010.2 Equipment A6010.4 Contractual Expenses Total Social Services Admin.

3,539,926 32,816 1,768,989 5,341,731

3,575,062 62,770 1,743,916 5,381,748

379 2005 ALLEGANY COUNTY BUDGET

A6011 Social Services - CAP A6011.1 A6011.2 A6011.4 A6055 Day Care Block Grant A6055.4 A6070 Services for Recipients A6070.4

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

Personnel Services Equipment Contractual Expenses Total Social Services - CAP

239,938 0 16,771 256,709

248,891 868 21,200 270,959

252,088 600 6,425 259,113

252,088 600 6,425 259,113

252,088 600 6,425 259,113

Contractual Expenses Total Day Care Block Grant

930,484 930,484

873,320 873,320

998,900 998,900

998,900 998,900

998,900 998,900

Contractual Expenses Total Services for Recipients

512,063 512,063

568,900 568,900

544,540 544,540

544,540 544,540

544,540 544,540

7,040,987

7,094,927

7,455,223

7,310,157

7,310,157

8,581,328 8,581,328

9,617,500 9,617,500

10,806,749 10,806,749

9,730,000 9,730,000

9,730,000 9,730,000

0 0

1,650 1,650

1,650 1,650

1,650 1,650

1,650 1,650

3,121,900 3,121,900

3,525,000 3,525,000

4,284,528 4,284,528

4,000,000 4,000,000

4,000,000 4,000,000

2,295,055 2,295,055

2,486,556 2,486,556

2,436,284 2,436,284

2,436,284 2,436,284

2,436,284 2,436,284

69,345 69,345

92,450 92,450

92,450 92,450

92,450 92,450

92,450 92,450

TOTAL SOCIAL SERVICES (NON-PROGRAM) SOCIAL SERVICES PROGRAMS A6101 Medical Assistance A6101.4 Contractual Expenses Total Medical Assistance A6106 Adult Family Special Needs Homes A6106.4 Contractual Expenses Total Adult Fam. Spec. Needs Homes A6109 Aid to Dependent Children A6109.4 Contractual Expenses Total Aid to Dependent Children A6119 Child Care A6119.4 A6129 State Training School A6129.4

Contractual Expenses Total Child Care Contractual Expenses Total State Training School

380 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

833,574 833,574

1,031,951 1,031,951

1,286,800 1,286,800

1,150,000 1,150,000

1,150,000 1,150,000

1,062,064 1,062,064

2,700,000 2,700,000

2,700,000 2,700,000

2,700,000 2,700,000

2,700,000 2,700,000

25,065 25,065

35,000 35,000

35,000 35,000

35,000 35,000

35,000 35,000

3,827,157 3,827,157

4,252,550 4,252,550

5,017,090 5,017,090

4,600,000 4,600,000

4,600,000 4,600,000

TOTAL SOCIAL SERVICES PROGRAMS

19,815,488

23,742,657

26,660,551

24,745,384

24,745,384

TOTAL SOCIAL SERVICES

26,856,475

30,837,584

34,115,774

32,055,541

32,055,541

102,366 0 171,626 273,992

101,446 0 100,495 201,941

104,330 0 100,615 204,945

104,330 0 85,420 189,750

104,330 0 85,420 189,750

273,992

201,941

204,945

189,750

189,750

53,339 0 2,700 56,039

64,986 0 3,980 68,966

71,793 0 2,600 74,393

71,793 0 2,600 74,393

71,793 0 2,600 74,393

56,039

68,966

74,393

74,393

74,393

A6140 Home Relief A6140.4

Contractual Expenses Total Home Relief

A6141 State Fuel Crisis Assistance A6141.4 Contractual Expenses Total State Fuel Crisis Asst. A6142 Emergency Aid for Adults A6142.4 Contractual Expenses Total Emergency Aid for Adults A6150 Food Stamp Cash Out A6150.4

OFFICE OF DEVELOPMENT A6430 Office of Development A6430.1 A6430.2 A6430.4

Contractual Expenses Total Food Stamp Cash Out

Personnel Services Equipment Contractual Expenses Total Office of Development

TOTAL OFFICE OF DEVELOPMENT VETERANS’ SERVICE A6510 Veterans’ Service A6510.1 A6510.2 A6510.4

Personnel Services Equipment Contractual Expenses Total Veterans’ Service

TOTAL VETERANS’ SERVICE

381 2005 ALLEGANY COUNTY BUDGET

CONSUMER AFFAIRS A6610 Consumer Affairs A6610.1 A6610.2 A6610.4

Personnel Services Equipment Contractual Expenses Total Consumer Affairs

TOTAL CONSUMER AFFAIRS OFFICE FOR THE AGING PROGRAMS A6772 Nutrition A6772.1 Personnel Services A6772.2 Equipment A6772.4 Contractual Expenses A6772.8 Employee Benefits Total Nutrition A6773 OFA - Supportive Services A6773.1 Personnel Services A6773.2 Equipment A6773.4 Contractual Expenses A6773.8 Employee Benefits Total OFA - Supportive Services A6774 Sr. Employment Program A6774.1 A6774.2 A6774.4 A6774.8

Personnel Services Equipment Contractual Expenses Employee Benefits Total Sr. Employment Program

A6775 State LTCOP (Long Term Care Ombudsman Program) A6775.1 Personnel Services A6775.4 Contractual Expenses A6775.8 Employee Benefits Total State LTCOP

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

32,529 100 3,103 35,732

32,095 200 2,610 34,905

36,072 275 3,105 39,452

36,072 275 2,880 39,227

36,072 275 2,880 39,227

35,732

34,905

39,452

39,227

39,227

114,132 24,024 254,004 17,041 409,201

119,104 0 251,216 17,902 388,222

122,768 17,000 253,706 18,258 411,732

122,768 0 253,706 18,258 394,732

122,768 0 253,706 18,258 394,732

88,795 1,461 31,441 18,205 139,902

92,737 1,000 31,315 19,704 144,756

95,494 1,000 30,990 20,025 147,509

95,494 1,000 30,990 20,025 147,509

95,494 1,000 30,990 20,025 147,509

25,996 810 2,151 2,524 31,481

26,019 0 3,292 2,505 31,816

25,299 0 3,142 2,465 30,906

25,299 0 3,142 2,465 30,906

25,299 0 3,142 2,465 30,906

3,050 739 355 4,144

3,446 332 402 4,180

3,429 372 399 4,200

3,429 372 399 4,200

3,429 372 399 4,200

382 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

45,759 900 35,542 14,123 96,324

50,242 0 40,026 15,813 106,081

52,889 0 39,600 16,122 108,611

52,889 0 39,600 16,122 108,611

52,889 0 39,600 16,122 108,611

Personnel Services Contractual Expenses Employee Benefits Total OFA - H.E.A.P.

12,518 1,300 4,524 18,342

16,330 1,060 5,264 22,654

16,919 1,060 5,332 23,311

16,919 1,060 5,332 23,311

16,919 1,060 5,332 23,311

Personnel Services Contractual Expenses Employee Benefits Total OFA - E.I.S.E.P.

49,623 134,710 8,428 192,761

54,370 124,800 8,913 188,083

56,464 121,200 9,158 186,822

56,464 121,200 9,158 186,822

56,464 121,200 9,158 186,822

Personnel Services Contractual Expenses Employee Benefits Total OFA - S.N.A.P

58,617 165,336 11,062 235,015

58,357 170,070 11,243 239,670

59,867 173,331 11,417 244,615

59,867 173,331 11,417 244,615

59,867 173,331 11,417 244,615

0 0 0 0

0 0 0 0

0 0 0 0

0 0 0 0

0 0 0 0

6,554 1,209 762 8,525

6,203 1,284 723 8,210

6,171 1,509 720 8,400

6,171 1,509 720 8,400

6,171 1,509 720 8,400

A6776 OFA - Community Service for Elderly A6776.1 Personnel Services A6776.2 Equipment A6776.4 Contractual Expenses A6776.8 Employee Benefits Total OFA - Comm. Service for Elderly A6777 OFA - H.E.A.P. A6777.1 A6777.4 A6777.8 A6778 OFA - E.I.S.E.P. A6778.1 A6778.4 A6778.8 A6779 OFA - S.N.A.P. A6779.1 A6779.4 A6779.8

A6780 OFA - Operation Restore Trust A6780.1 Personnel Services A6780.4 Contractual Expenses A6780.8 Employee Benefits Total OFA - Operation Restore Trust A6781 OFA - Title VII Elder Abuse A6781.1 Personnel Services A6781.4 Contractual Expenses A6781.8 Employee Benefits Total OFA - Title VII Elder Abuse

383 2005 ALLEGANY COUNTY BUDGET

A6782 OFA - H.I.I.C.A. A6782.1 A6782.4 A6782.8 A6783 OFA - Title III-D A6783.1 A6783.4 A6783.8 A6784 OFA - Weatherization A6784.1 A6784.4 A6784.8 A6785 OFA - C.S.I. A6785.4

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

Personnel Services Contractual Expenses Employee Benefits Total OFA - H.I.I.C.A.

1,051 0 122 1,173

1,721 380 201 2,302

1,391 798 161 2,350

1,391 798 161 2,350

1,391 798 161 2,350

Personnel Services Contractual Expenses Employee Benefits Total OFA - Title III-D

1,233 4,654 143 6,030

1,379 5,280 161 6,820

1,435 5,280 167 6,882

1,435 5,280 167 6,882

1,435 5,280 167 6,882

17,690 6,484 5,124 29,298

16,330 5,007 5,264 26,601

16,919 4,450 5,331 26,700

16,919 4,450 5,331 26,700

16,919 4,450 5,331 26,700

5,413 5,413

4,544 4,544

4,544 4,544

4,544 4,544

4,544 4,544

14,578 0 26,094 1,669 42,341

22,675 400 25,840 2,360 51,275

24,209 400 26,840 2,531 53,980

24,209 400 26,840 2,531 53,980

24,209 400 26,840 2,531 53,980

1,219,950

1,225,214

1,260,562

1,243,562

1,243,562

28,442,188

32,368,610

35,695,126

33,602,473

33,602,473

Personnel Services Contractual Expenses Employee Benefits Total OFA - Weatherization Contractual Expenses Total OFA - C.S.I.

A6786 OFA - III-E Family Caregiver A6786.1 Personnel Services A6786.2 Equipment A6786.4 Contractual Expenses A6786.8 Employee Benefits Total OFA - III-E Family Caregiver TOTAL OFFICE FOR THE AGING PROGRAMS TOTAL ECONOMIC ASSISTANCE & OPPORTUNITY

384 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

CULTURE AND RECREATION TOURISM & CULTURE A6989 Tourism & Culture A6989.4

Contractual Expenses Total Tourism & Culture

248,924 248,924

252,645 252,645

260,195 260,195

233,645 233,645

213,946 213,946

248,924

252,645

260,195

233,645

213,946

22,576 3,812 26,388

26,000 4,900 30,900

26,000 5,475 31,475

26,000 5,575 31,575

26,000 5,575 31,575

26,388

30,900

31,475

31,575

31,575

Contractual Expenses Total Cuba Skate Park

0 0

1,000 1,000

0 0

0 0

0 0

Contractual Expenses Total Wellsville Skate Park

0 0

3,000 3,000

0 0

0 0

0 0

23,252 23,252

49,000 49,000

53,000 53,000

53,000 53,000

53,000 53,000

23,252

53,000

53,000

53,000

53,000

Total TOURISM & CULTURE BEACH AND POOL A7180 Beach and Pool A7180.1 A7180.4

Personnel Services Contractual Expenses Total Beach and Pool

TOTAL BEACH AND POOL OTHER RECREATION A7181 Cuba Skate Park A7181.4 A7182 Wellsville Skate Park A7182.4 A7185 Other Recreation A7185.4

Contractual Expenses Total Other Recreation

TOTAL OTHER RECREATION

385 2005 ALLEGANY COUNTY BUDGET

YOUTH PROGRAMS A7310 Youth Bureau A7310.1 A7310.4 A7311 Special Olympics A7311.4

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

33,684 4,293 37,977

30,700 4,100 34,800

30,800 2,400 33,200

30,800 2,400 33,200

30,800 2,400 33,200

500 500

500 500

0 0

0 0

0 0

25,618 25,618

26,039 26,039

7,550 7,550

7,550 7,550

7,550 7,550

17,100 17,100

14,400 14,400

0 0

0 0

0 0

0 0

3,465 3,465

0 0

0 0

0 0

9,585 9,585

8,435 8,435

0 0

0 0

0 0

18,719 18,719

17,593 17,593

0 0

0 0

0 0

Contractual Expenses Total When I'm in Charge

0 0

750 750

0 0

0 0

0 0

Contractual Expenses Total MH Youth Compeer

9,626 9,626

0 0

0 0

0 0

0 0

Personnel Services Contractual Expenses Total Youth Bureau Contractual Expenses Total Special Olympics

A7312 Youth Bureau Advisory Committee A7312.4 Contractual Expenses Total Youth Bureau Advisory Comm. A7313 Delinquency Prevention A7313.4 A7315 STTT Special GED A7315.4

Contractual Expenses Total Delinquency Prevention Contractual Expenses Total STTT Special GED

A7317 Nature Education/Recreation A7317.4 Contractual Expenses Total Nature Education/Recreation A7318 Youth Programs A7318.4 A7319 When I'm in Charge A7319.4 A7320 MH Youth Compeer A7320.4

Contractual Expenses Total Youth Programs

386 LEGISLATORS’ PROCEEDINGS

A7321 Youth Court A7321.1 A7321.4 A7321.8

Personnel Services Contractual Expenses Employee Benefits Total Youth Court

TOTAL YOUTH PROGRAMS HISTORIAN A7510 Historian A7510.1 A7510.2 A7510.4

Personnel Services Equipment Contractual Expenses Total Historian

TOTAL HISTORIAN CELEBRATIONS A7550 Celebrations A7550.4

Contractual Expenses Total Celebrations

TOTAL CELEBRATIONS TOTAL CULTURE AND RECREATION

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

0 35,866 0 35,866

27,147 8,826 5,120 41,093

29,354 7,000 5,125 41,479

29,354 7,000 5,125 41,479

29,354 7,000 5,125 41,479

154,991

147,075

82,229

82,229

82,229

38,245 0 2,225 40,470

34,783 0 1,755 36,538

37,822 0 1,755 39,577

37,822 0 2,135 39,957

37,822 0 2,135 39,957

40,470

36,538

39,577

39,957

39,957

0 0

4,451 4,451

0 0

0 0

0 0

0

4,451

0

0

0

494,025

524,609

466,476

440,406

420,707

HOME AND COMMUNITY SERVICE PLANNING A8020 Planning A8020.2 A8020.4 TOTAL PLANNING

Equipment Contractual Expenses Total Planning

2,037 62,379 64,416

0 32,150 32,150

0 24,450 24,450

0 33,950 33,950

0 33,950 33,950

64,416

32,150

24,450

33,950

33,950

387 2005 ALLEGANY COUNTY BUDGET

SOLID WASTE A8160 Solid Waste A8160.1 A8160.2 A8160.4

Personnel Services Equipment Contractual Expenses Total Solid Waste

TOTAL SOLID WASTE GENERAL NATURAL RESOURCES A8710 County Reforestation A8710.4 Contractual Expenses Total County Reforestation A8720 Wildlife Habitat & Stream Improvement A8720.4 Contractual Expenses Total Wildlife Habitat & Stream Impvmt. A8730 Conservation A8730.492 A8730.493

Soil & Water Conservation Conservation Education Total Conservation

A8751 Agriculture & Livestock - Coop. Ext. A8751.4 Contractual Expenses Total Agriculture & Livestock - Coop. Ext. A8752 Agricultural Society A8752.4

Contractual Expenses Total Agricultural Society

TOTAL GENERAL NATURAL RESOURCES

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

721,264 8,601 512,810 1,242,675

711,181 4,000 479,200 1,194,381

796,180 202,000 674,900 1,673,080

773,180 27,000 559,400 1,359,580

773,180 27,000 487,400 1,287,580

1,242,675

1,194,381

1,673,080

1,359,580

1,287,580

28,802 28,802

10,000 10,000

0 0

30,000 30,000

30,000 30,000

2,300 2,300

2,300 2,300

2,300 2,300

2,300 2,300

2,300 2,300

94,000 2,300 96,300

81,000 2,300 83,300

0 2,300 2,300

85,000 2,300 87,300

85,000 2,300 87,300

223,000 223,000

189,000 189,000

0 0

190,000 190,000

190,000 190,000

6,500 6,500

6,500 6,500

6,500 6,500

6,500 6,500

6,500 6,500

356,902

291,100

11,100

316,100

316,100

388 LEGISLATORS’ PROCEEDINGS

BLIND AND VISUALLY HANDICAPPED A8823 Blind and Visually Handicapped A8823.4 Contractual Expenses Total Blind & Visually Handicapped TOTAL BLIND AND VISUALLY HANDICAPPED TOTAL HOME AND COMMUNITY SERVICES

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

7,500 7,500

7,500 7,500

8,000 8,000

7,500 7,500

7,500 7,500

7,500

7,500

8,000

7,500

7,500

1,671,493

1,525,131

1,716,630

1,717,130

1,645,130

UNDISTRIBUTED EMPLOYEE BENEFITS A9010 State Retirement A9010.8 A9030 Social Security A9030.8 A9040 Workers’ Compensation A9040.8 A9055 Disability Insurance A9055.8

Employee Benefits Total State Retirement

1,140,373 1,140,373

1,821,000 1,821,000

2,200,000 2,200,000

1,250,000 1,250,000

1,250,000 1,250,000

Employee Benefits Total Social Security

1,113,854 1,113,854

1,150,000 1,150,000

1,810,000 1,810,000

1,810,000 1,810,000

1,810,000 1,810,000

317,578 317,578

367,000 367,000

375,000 375,000

375,000 375,000

375,000 375,000

66,309 66,309

72,000 72,000

75,000 75,000

75,000 75,000

75,000 75,000

4,064,055 4,064,055

4,020,000 4,020,000

4,658,000 4,658,000

4,658,000 4,658,000

4,658,000 4,658,000

6,702,169

7,430,000

9,118,000

8,168,000

8,168,000

Employee Benefits Total Workers’ Compensation Employee Benefits Total Disability Insurance

A9060 Hospital & Medical Insurance A9060.8 Employee Benefits Total Hospital & Medical Insurance TOTAL EMPLOYEE BENEFITS

389 2005 ALLEGANY COUNTY BUDGET ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

4,496,495 4,496,495

4,458,470 4,458,470

6,418,652 6,418,652

5,106,913 5,106,913

5,106,913 5,106,913

454,619 454,619

213,757 213,757

886,531 886,531

418,431 418,431

418,431 418,431

25,000 70,000 815,940 0 0 910,940

25,000 0 822,000 233,500 0 1,080,500

21,300 0 1,024,800 333,500 0 1,379,600

21,300 0 1,050,600 333,500 0 1,405,400

21,300 0 1,050,600 333,500 0 1,405,400

5,862,054

5,752,727

8,684,783

6,930,744

6,930,744

TOTAL UNDISTRIBUTED

12,564,223

13,182,727

17,802,783

15,098,744

15,098,744

GRAND TOTAL GENERAL FUND

64,070,008

67,862,967

78,375,055

72,306,673

72,266,599

45,521 1,500 13,575 15,137 75,733

45,521 1,500 13,575 15,137 75,733

INTERFUND TRANSFERS A9522 Interfund Trans. County Road Fund A9522.9 Interfund Transfer Total Interfund Trans. County Road Fund A9523 Interfund Trans. Road Machinery Fund A9523.9 Interfund Transfer Total Interfund Trans. Road Machinery Fund A9560 Other Interfund Transfers A9560.9 03 W.I.A. Grant Fund A9560.9 04 Capital Fund A9560.9 05 Debt Service Fund A9560.9 10 Risk Insurance Fund A9560.9 12 Risk Retention - Health Fund Total Other Interfund Transfers TOTAL INTERFUND TRANSFERS

SCH EDULE

1-CD1

A P P R O P R I A T I O N S - W O R K F O R C E I N V E S T M E N T A C T (W. I. A.) GRANT FUND WIA GRANT FUND CD16400 WIA Title I Administration CD16400.1 Personnel Services CD16400.2 Equipment CD16400.4 Contractual Expenses CD16400.8 Employee Benefits Total WIA Title I Administration

47,747 3,009 19,671 12,693 83,120

56,300 1,500 13,075 18,560 89,435

45,521 1,500 13,575 15,137 75,733

390 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

CD16401 WIA Adult/Youth Support CD16401.4 Contractual Expenses Total WIA Adult/Youth Support

34,585 34,585

20,000 20,000

20,000 20,000

20,000 20,000

20,000 20,000

CD16402 WIA Adult/Youth Program CD16402.1 Personnel Services CD16402.2 Equipment CD16402.4 Contractual Expenses CD16402.8 Employee Benefits Total WIA Adult/Youth Program

118,913 3,995 237,228 33,996 394,132

140,000 2,000 90,730 44,530 277,260

162,058 2,000 81,730 54,032 299,820

162,058 2,000 81,730 54,032 299,820

162,058 2,000 81,730 54,032 299,820

CD16403 ACDSS Employment Service CD16403.1 Personnel Services CD16403.2 Equipment CD16403.4 Contractual Expenses CD16403.8 Employee Benefits Total ACDSS Employment Service

198,206 120 34,419 57,388 290,133

200,898 1,500 33,525 64,288 300,211

191,814 1,000 29,000 63,862 285,676

191,814 1,000 29,000 63,862 285,676

191,814 1,000 29,000 63,862 285,676

23,840 151 6,425 30,416

7,575 0 2,425 10,000

0 0 0 0

0 0 0 0

0 0 0 0

79,288 2,153 142,753 22,934 247,128

100,000 2,000 56,410 32,000 190,410

120,500 2,000 55,210 40,305 218,015

120,500 2,000 55,210 40,305 218,015

120,500 2,000 55,210 40,305 218,015

24,211 24,211

10,500 10,500

10,500 10,500

10,500 10,500

10,500 10,500

CD16404 NY Welfare Block Grant CASP II CD16404.1 Personnel Services CD16404.4 Contractual Expenses CD16404.8 Employee Benefits Total NY Welfare Block Grant CASP II CD16406 WIA Title I Dislocated Worker CD16406.1 Personnel Services CD16406.2 Equipment CD16406.4 Contractual Expenses CD16406.8 Employee Benefits Total WIA Title I Dislocated Worker CD16407 Dislocated Worker Support CD16407.4 Contractual Expenses Total Dislocated Worker Support

391 2005 ALLEGANY COUNTY BUDGET

CD16408 Welfare to Work CD16408.1 CD16408.2 CD16408.4 CD16408.8

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

25,926 0 7,777 7,312 41,015

24,000 2,000 10,220 7,680 43,900

0 0 0 0 0

0 0 0 0 0

0 0 0 0 0

0 0 0

4,000 550 4,550

0 0 0

0 0 0

0 0 0

Personnel Services Equipment Contractual Expenses Employee Benefits Total WIA Youth

64,043 4,183 26,465 15,986 110,677

56,869 2,000 22,995 18,198 100,062

60,324 2,000 14,600 18,456 95,380

60,324 2,000 14,600 18,456 95,380

60,324 2,000 14,600 18,456 95,380

Personnel Services Contractual Expenses Employee Benefits Total WIA Youth

17,863 2,084 2,016 21,963

20,000 2,000 3,530 25,530

16,000 3,000 2,656 21,656

16,000 3,000 2,656 21,656

16,000 3,000 2,656 21,656

Personnel Services Equipment Contractual Expenses Employee Benefits Total WIA Youth - RFP

19,674 6,214 14,194 6,214 46,296

25,000 1,000 8,600 8,000 42,600

8,666 0 8,600 2,865 20,131

8,666 0 8,600 2,865 20,131

8,666 0 8,600 2,865 20,131

Personnel Services Contractual Expenses Employee Benefits Total WIA Youth - RFP

2,850 3,338 295 6,483

2,000 2,000 400 4,400

9,700 2,000 1,704 13,404

9,700 2,000 1,704 13,404

9,700 2,000 1,704 13,404

Personnel Services Equipment Contractual Expenses Employee Benefits Total Welfare to Work

CD16409 Welfare to Work Participants CD16409.1 Personnel Services CD16409.8 Employee Benefits Total Welfare to Work Participants CD16410 WIA Youth CD16410.1 CD16410.2 CD16410.4 CD16410.8 CD16411 WIA Youth CD16411.1 CD16411.4 CD16411.8 CD16412 WIA Youth - RFP CD16412.1 CD16412.2 CD16412.4 CD16412.8 CD16413 WIA Youth - RFP CD16413.1 CD16413.4 CD16413.8

392 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

CD16794 TANF Summer Youth Employment Program (SYEP) CD16794.1 Personnel Services CD16794.4 Contractual Expenses CD16794.8 Employee Benefits Total TANF SYEP

31,692 29,064 8,081 68,837

20,300 22,000 3,495 45,795

20,300 22,625 4,753 47,678

20,300 22,625 4,753 47,678

20,300 22,625 4,753 47,678

CD16795 TANF Summer Youth Employment Program (SYEP) CD16795.1 Personnel Services CD16795.8 Employee Benefits Total TANF SYEP

25,534 3,578 29,112

24,000 2,660 26,660

22,000 2,777 24,777

22,000 2,777 24,777

22,000 2,777 24,777

1,428,108

1,191,313

1,132,770

1,132,770

1,132,770

TOTAL WIA GRANT FUND

SCHEDULE 1-CS APPROPRIATIONS - RISK RISK RETENTION FUND CS1930 Judgements CS1930.4

Contractual Expenses Total Judgements

CS1931 Uninsured Property Loss CS1931.4 Contractual Expenses Total Uninsured Property Loss CS1932 Actions Approved by Courts CS1932.4 Contractual Expenses Total Actions Approved by Courts CS1933 Claims Approved by Supreme Court CS1933.4 Contractual Expenses Total Claims Appr. by Supreme Court CS1934 Claims Less 25,000 Legislature Approval CS1934.4 Contractual Expenses Total Claims Less 25,000 Leg. Appr.

RETENTION

FUND

0 0

9,500 9,500

9,500 9,500

9,500 9,500

9,500 9,500

14,397 14,397

14,000 14,000

14,000 14,000

14,000 14,000

14,000 14,000

0 0

14,000 14,000

14,000 14,000

14,000 14,000

14,000 14,000

58,527 58,527

125,000 125,000

125,000 125,000

125,000 125,000

125,000 125,000

0 0

33,000 33,000

33,000 33,000

33,000 33,000

33,000 33,000

393 2005 ALLEGANY COUNTY BUDGET ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

0 0

38,000 38,000

38,000 38,000

38,000 38,000

38,000 38,000

9,921 9,921

23,000 23,000

23,000 23,000

23,000 23,000

23,000 23,000

CS1937 Expert or Professional Services CS1937.4 Contractual Expenses Total Expert or Professional Services

48,202 48,202

47,000 47,000

47,000 47,000

47,000 47,000

47,000 47,000

CS9050 Unemployment Insurance CS9050.8 Employee Benefits Total Unemployment Insurance

25,478 25,478

30,000 30,000

30,000 30,000

30,000 30,000

30,000 30,000

156,525

333,500

333,500

333,500

333,500

CS1935 Claims 5,000-15,000 Committee Approval CS1935.4 Contractual Expenses Total Claims 5,000-15,000 Comm. Appr. CS1936 Claims 5000 and Less Chairman Approval CS1936.4 Contractual Expenses Total Claims 5,000 & Less Chair. Appr.

TOTAL RISK RETENTION FUND

SCH EDULE APPROPRIATIONS - RISK RISK RETENTION - HEALTH CSH1710 Administration CSH1710.4 CSH1722 Excess Insurance CSH1722.4

Contractual Expenses Total Administration Contractual Expenses Total Excess Insurance

CSH9061 Risk Retention - Medical CSH9061.8 Employee Benefits Total Risk Retention - Medical

1-CSH

RETENTION - HEALTH FUND

309,349 309,349

120,000 120,000

150,000 150,000

150,000 150,000

150,000 150,000

0 0

150,000 150,000

150,000 150,000

150,000 150,000

150,000 150,000

2,767,941 2,767,941

2,697,885 2,697,885

3,000,000 3,000,000

3,000,000 3,000,000

3,000,000 3,000,000

394 LEGISLATORS’ PROCEEDINGS

CSH9063 Risk Retention - Prescription CSH9063.8 Employee Benefits Total Risk Retention - Prescription CSH9064 Risk Retention - In Lieu of Insurance CSH9064.8 Employee Benefits Total Risk Retention - In Lieu of Insur. TOTAL RISK RETENTION - HEALTH FUND

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

1,352,644 1,352,644

1,200,000 1,200,000

1,500,000 1,500,000

1,500,000 1,500,000

1,500,000 1,500,000

39,400 39,400

60,000 60,000

60,000 60,000

60,000 60,000

60,000 60,000

4,469,334

4,227,885

4,860,000

4,860,000

4,860,000

SCHEDULE APPROPRIATIONS TRAFFIC CONTROL D3310 Traffic Control D3310.1 D3310.2 D3310.4

Personnel Services Equipment Contractual Expenses Total Traffic Control

TOTAL TRAFFIC CONTROL ENGINEERING D5020 Engineering D5020.1 D5020.2 D5020.4

Personnel Services Equipment Contractual Expenses Total Engineering

TOTAL ENGINEERING

-

1 - D

COUNTY ROAD FUND

32,479 800 151,222 184,501

33,998 1,000 159,630 194,628

34,998 1,000 159,630 195,628

34,998 1,000 148,130 184,128

34,998 1,000 148,130 184,128

184,501

194,628

195,628

184,128

184,128

166,628 4,862 8,169 179,659

170,335 4,000 22,395 196,730

190,182 6,000 14,850 211,032

190,182 4,000 14,850 209,032

190,182 4,000 14,850 209,032

179,659

196,730

211,032

209,032

209,032

395 2005 ALLEGANY COUNTY BUDGET ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

1,951,444 28,910 1,205,320 3,185,674

1,924,903 2,000 1,302,150 3,229,053

2,045,847 18,000 1,654,860 3,718,707

1,847,208 18,000 1,467,860 3,333,068

1,847,208 18,000 1,467,860 3,333,068

Equipment (Construction Projects) Total Road Construction

1,518,847 1,518,847

1,492,992 1,492,992

1,230,245 1,230,245

1,101,045 1,101,045

1,101,045 1,101,045

Contractual Expenses Total Snow Removal

1,541,118 1,541,118

1,479,327 1,479,327

1,515,000 1,515,000

1,510,000 1,510,000

1,510,000 1,510,000

TOTAL SNOW REMOVAL/MAINT. ROADS & BRIDGES

6,245,639

6,201,372

6,463,952

5,944,113

5,944,113

TOTAL COUNTY ROAD

6,609,799

6,592,730

6,870,612

6,337,273

6,337,273

60,000 60,000

60,000 60,000

147,600 147,600

147,600 147,600

147,600 147,600

140,000 140,000

140,000 140,000

173,750 173,750

173,750 173,750

173,750 173,750

35,000 35,000

35,000 35,000

46,350 46,350

46,350 46,350

46,350 46,350

SNOW REMOVAL & MAINTENANCE ROADS & BRIDGES D5110 Maintenance Roads & Bridges D5110.1 Personnel Services D5110.2 Equipment D5110.4 Contractual Expenses Total Maintenance Roads & Bridges D5112 Road Construction D5112.2 D5142 Snow Removal D5142.4

UNDISTRIBUTED EMPLOYEE BENEFITS D9010 State Retirement D9010.8 D9030 Social Security D9030.8 D9040 Workers’ Compensation D9040.8

Employee Benefits Total State Retirement Employee Benefits Total Social Security Employee Benefits Total Workers’ Compensation

396 LEGISLATORS’ PROCEEDINGS

D9055 Disability Insurance D9055.8

Employee Benefits Total Disability Insurance

TOTAL EMPLOYEE BENEFITS INTERFUND TRANSFERS D9553 Interfund Transfers D9553.904 D9553.905 D9553.908

Interfund Transfer - Capital Interfund Transfer - Debt Serv. Interfund Transfer - General Fund Total Interfund Transfers

TOTAL INTERFUND TRANSFERS TOTAL UNDISTRIBUTED GRAND TOTAL COUNTY ROAD FUND

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

11,024 11,024

11,100 11,100

10,000 10,000

10,000 10,000

10,000 10,000

246,024

246,100

377,700

377,700

377,700

0 0 30,000 30,000

0 138,000 25,400 163,400

1,139,600 0 0 1,139,600

0 129,200 0 129,200

0 129,200 0 129,200

30,000

163,400

1,139,600

129,200

129,200

276,024

409,500

1,517,300

506,900

506,900

6,885,823

7,002,230

8,387,912

6,844,173

6,844,173

SCH EDULE

1-DM

APPROPRIATIONS - ROAD MACHINERY FUND ROAD MACHINERY DM5130 Road Machinery DM5130.1 DM5130.2 DM5130.4

Personnel Services Equipment Contractual Expenses Total Road Machinery

TOTAL ROAD MACHINERY

374,107 19,666 347,511 741,284

390,757 17,500 319,900 728,157

405,476 414,600 337,400 1,157,476

405,476 15,500 322,400 743,376

405,476 15,500 322,400 743,376

741,284

728,157

1,157,476

743,376

743,376

397 2005 ALLEGANY COUNTY BUDGET ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

UNDISTRIBUTED EMPLOYEE BENEFITS DM9010 State Retirement DM9010.8

Employee Benefits Total State Retirement

10,000 10,000

10,000 10,000

26,355 26,355

26,355 26,355

26,355 26,355

Employee Benefits Total Social Security

25,000 25,000

25,000 25,000

31,000 31,000

31,000 31,000

31,000 31,000

5,200 5,200

5,200 5,200

8,300 8,300

8,300 8,300

8,300 8,300

1,840 1,840

1,900 1,900

1,900 1,900

1,900 1,900

1,900 1,900

42,040

42,100

67,555

67,555

67,555

90,000 90,000

0 0

89,000 89,000

0 0

0 0

90,000

0

89,000

0

0

TOTAL UNDISTRIBUTED

132,040

42,100

156,555

67,555

67,555

GRAND TOTAL ROAD MACHINERY FUND

873,324

770,257

1,314,031

810,931

810,931

DM9030 Social Security DM9030.8

DM9040 Workers’ Compensation DM9040.8 Employee Benefits Total Workers’ Compensation DM9055 Disability Insurance DM9055.8

Employee Benefits Total Disability Insurance

TOTAL EMPLOYEE BENEFITS INTERFUND TRANSFERS DM9553 Interfund Transfers DM9553.904

Interfund Transfer - Capital Total Interfund Transfers

TOTAL INTERFUND TRANSFERS

398 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

SCHEDULE 1-S APPROPRIATIONS - SELF INSURANCE FUND SELF INSURANCE PLAN S1710 Administration S1710.1 S1710.2 S1710.4 S1710.8 S1720 Benefits and Awards S1720.4

Personnel Services Equipment Contractual Expenses Employee Benefits Total Administration

59,133 0 214,520 14,634 288,287

60,145 1,800 165,800 15,900 243,645

62,950 0 178,200 15,100 256,250

62,950 0 178,200 15,100 256,250

62,950 0 178,200 15,100 256,250

Contractual Expenses Total Benefits and Awards

692,230 692,230

501,750 501,750

522,500 522,500

522,500 522,500

522,500 522,500

980,517

745,395

778,750

778,750

778,750

0 0

2,250 2,250

0 0

0 0

0 0

0

2,250

0

0

0

980,517

747,645

778,750

778,750

778,750

TOTAL SELF INSURANCE FUND

UNDISTRIBUTED INTERFUND TRANSFERS S9560 Other Interfund Transfers S9560.907 Interfund Tranfers - W/C Total Interfund Transfers TOTAL UNDISTRIBUTED GRAND TOTAL SELF INSURANCE

399 2005 ALLEGANY COUNTY BUDGET ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

SCHEDULE 1-V APPROPRIATIONS DEBT SERVICE FUND V9710 Debt Service Serial Bond V9710.6 Debt Service - Bonds Total Principal V9710.7

Debt Service - Interest Total Interest

TOTAL DEBT SERVICE FUND

-

DEBT SERVICE FUND

660,000 660,000

660,000 660,000

635,000 635,000

790,000 790,000

790,000 790,000

305,940 305,940

300,000 300,000

389,800 389,800

389,800 389,800

389,800 389,800

965,940

960,000

1,024,800

1,179,800

1,179,800

400 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

SCHEDULE REVENUES REAL PROPERTY TAX ITEMS, NON-PROPERTY TAXES AND DEPARTMENTAL INCOME Real Property Tax Items 1340 A01.1001.00 Real Property Tax 1340 A01.1051.00 Sale of Tax Acquired Property 1340 A01.1081.00 Payment in Lieu of Taxes 1340 A01.1090.00 Interest & Penalties Total Real Property Tax Items Non-Property Taxes 1340 A01.1110.00 1340 A01.1113.00 1340 A01.1136.00 1340 A01.1150.00 1340 A01.1190.00 Departmental 1325 1325 1325 1410 1410 1410 7510 1430 1170 1355 3110 1355

Income - General A02.1230.00 A02.1235.00 A02.1235.01 A02.1255.00 A02.1255.01 A02.1256.R1 A02.1256.00 A02.1260.00 A02.1265.00 A02.1266.08 A02.1266.10 A02.1266.5217

-

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

2 - A

GENERAL FUND

15,212,245 151,551 125,010 860,128 16,348,934

18,363,765 174,419 120,000 760,000 19,418,184

0 250,000 0 775,000 1,025,000

0 300,000 120,000 775,000 1,195,000

0 300,000 120,000 775,000 1,195,000

Sales & Use Tax Tax on Hotel Room Occupancy Automobile Use Tax OTB Surtax Interest & Penalties Total Non-Property Taxes

13,816,274 23,935 127,430 0 5,360 13,972,999

14,000,000 125,000 200,000 50,000 6,000 14,381,000

14,000,000 60,000 210,000 0 6,000 14,276,000

16,200,000 60,000 210,000 0 6,000 16,476,000

16,200,000 60,000 210,000 0 6,000 16,476,000

Treasurer Fees Charge for Tax Advertising Real Property Tax Enforcement County Clerk Fees Additional Mortgage Tax Records Mgmt. & Imprvmt. Res Records Mgmt. & Improvement Personnel Fees Counsel Fees Tax Department Fees Inmate Fees Sales Net Fees

2,778 4,459 125,753 385,527 28,630 7,306 823 0 0 6,859 71 992

4,000 15,000 134,500 345,000 150,000 0 0 1,800 0 3,800 0 1,000

4,000 15,000 134,500 400,000 165,000 0 0 600 0 3,800 0 1,000

4,000 15,000 134,500 400,000 165,000 0 0 600 0 3,800 0 1,000

4,000 15,000 134,500 400,000 165,000 0 0 600 0 3,800 0 1,000

401 2005 ALLEGANY COUNTY BUDGET ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

447 234,642 798,287

0 150,000 805,100

319,200 150,000 1,193,100

0 200,000 923,900

0 200,000 923,900

Departmental Income - Public Safety 3110 A02.1510.00 Sheriff Fees 3140 A02.1580.00 Probation - Restitution Fees 3140 A02.1580.01 Probation - Supervision ADM Fees 3140 A02.1580.02 Custody - Visit Investigation Fees 3140 A02.1580.03 Electronic Detention Fees 3140 A02.1580.04 Probation - Drug Testing 3142 A02.1580.05 Probation - Assessment Fees 3510 A02.1589.R3 Enhanced E-911 Wireless 3510 A02.1589.R4 E-911 Municipal Surcharge 3640 A02.1589.02 EMT Student Fees 3142 A02.1589.03 Probation - Alternative to Incar. 3142 A02.1589.04 Probation - Local Total Public Safety Income

34,125 3,439 10 0 12,490 2,265 1,020 0 154,743 4,916 1,117 0 214,125

35,000 4,000 3,250 250 12,500 6,750 2,000 27,725 125,000 2,000 1,000 0 219,475

35,000 4,000 10,000 0 12,500 6,500 2,000 0 125,000 2,000 1,000 0 198,000

35,000 4,000 10,000 0 12,500 6,500 2,000 27,000 125,000 2,000 1,000 0 225,000

35,000 4,000 10,000 0 12,500 6,500 2,000 27,000 125,000 2,000 1,000 0 225,000

Departmental 4010 4035 4035 4010 4046 4010 4035 4011 4011 4011 4011 4010 4040

34,050 5,857 1,582 12,010 1,316 23,350 20,699 333,992 923,151 121,684 4,389 70,174 653,075

50,000 6,000 3,000 0 4,500 27,500 50,000 265,000 1,000,000 60,000 4,500 50,000 725,000

40,000 10,000 2,000 75,000 2,500 23,000 42,000 325,000 1,000,000 60,000 4,500 75,000 650,000

40,000 10,000 2,000 75,000 2,500 23,000 42,000 350,000 1,125,000 60,000 4,500 75,000 700,000

40,000 10,000 2,000 75,000 2,500 23,000 42,000 350,000 1,125,000 60,000 4,500 75,000 700,000

1450 2960

A02.1289.01 A02.1320.00

Income - Health A02.1601.00 A02.1601.01 A02.1601.03 A02.1601.04 A02.1605.00 A02.1606.03 A02.1606.05 A02.1610.00 A02.1610.01 A02.1610.02 A02.1610.03 A02.1610.04 A02.1610.10

Elections Department Fees EPHC Medicaid Reimbursement Total Departmental Income - General

Environmental Health Permit Fees Family Planning Fees Family Planning - Private Insur. Maternal Child Health Care PHCP - Self Pay Environmental Health Loan Survey Family Planning - Medicaid Skilled Nursing - Medicaid Skilled Nursing - Medicare Skilled Nursing - Private Insur. Skilled Nursing - Self Pay Flu Vaccine Long Term Care - Medicaid

402 LEGISLATORS’ PROCEEDINGS

4040 4040 4040 4040 4052 4052 4052 4310 4310

A02.1610.11 A02.1610.12 A02.1610.13 A02.1610.14 A02.1620.02 A02.1620.05 A02.1620.06 A02.1625.00 A02.1625.03

Long Term Care - Medicare Long Term Care - Private Insur. Long Term Care - Self Pay Gifts & Donations - Health IHAP Hepatitis B Early Intervention - Medicaid Early Intervention - Private Insur. Contributions - Allegany County ARC ICM Medicaid Total Health Income

Departmental Income - Public Works 1490 A02.1710.00 DPW Fees Total Public Works Income Departmental Income - Social Services 6101 A02.1801.00 DSS - Repay Medical Assistance 6109 A02.1809.00 DSS - Repay Family Assistance 6119 A02.1811.00 DSS - Repay Child Support 6119 A02.1819.00 DSS - Repay Child Care 6140 A02.1840.00 DSS - Repay Safety Net 6070 A02.1870.00 DSS - Repay Services for Recipients Total Social Services Income Departmental Income - Office for the Aging 6772 A02.1972.00 Nutrition - Title III-C Contributions 6773 A02.1972.01 Supportive Srvcs - Title III-B Contrib. 6772 A02.1972.03 Nutrition - Long Term Care - Local Aid 6778 A02.1972.06 E.I.S.E.P. - In-Home Care 6779 A02.1972.07 SN.A.P. - Long Term Care Reimburse. 6776 A02.1972.09 Community Service for Elderly Total Office for Aging Income

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

432,762 52,842 747 0 4,240 172,016 (2,923) 27,405 127,146 3,019,564

275,000 12,500 250 25 6,000 250,000 25,000 28,837 148,809 2,991,921

400,000 40,000 500 0 0 175,000 7,500 58,837 149,165 3,140,002

450,000 40,000 500 0 0 200,000 7,500 58,837 149,165 3,415,002

450,000 40,000 500 0 0 200,000 7,500 58,837 149,165 3,415,002

600 600

500 500

500 500

500 500

500 500

523,468 640,279 56,991 38,860 166,320 4,147 1,430,065

400,000 600,000 55,764 55,560 125,260 2,000 1,238,584

400,000 575,000 55,700 35,250 140,652 2,500 1,209,102

400,000 575,000 55,700 35,250 140,652 2,500 1,209,102

400,000 575,000 55,700 35,250 140,652 2,500 1,209,102

122,964 7,461 17,194 14,661 5,633 5,299 173,212

114,300 7,825 19,688 13,500 6,300 5,500 167,113

119,675 7,500 15,750 13,500 7,350 5,500 169,275

119,675 7,500 15,750 13,500 7,350 5,500 169,275

119,675 7,500 15,750 13,500 7,350 5,500 169,275

403 2005 ALLEGANY COUNTY BUDGET

Departmental Income - Tourism & Culture 6989 A02.1989.01 Regional Tourism & Culture 6989 A02.1989.02 Inter-Co. Part/Tourism & Culture 6989 A02.1989.04 Tourism & Culture Advertising Total Tourism & Culture Income Departmental 8160 8160 8160 8160 8160 8160

Income - Solid Waste A02.2130.R8 S/W Reserve - Out-of-County A02.2130.00 S/W Fees - Cattaraugus County A02.2130.03 S/W Fees - Other A02.2130.04 S/W Permits A02.2130.05 S/W Fees - Tires A02.2130.08 S/W Fees - Out-of-County Waste Total Solid Waste Income

Departmental Income - Public Transportation 5630 A02.2300.5630 Public Transportation Total Public Transportation Income TOTAL TAX ITEMS AND DEPARTMENTAL INCOME INTERGOVERNMENTAL CHARGES General 1355 A03.2210.00 Tax & Assessment Services Total General Public Safety 3150 A03.2260.00 3150 A03.2260.01 3150 A03.2260.03

Police Services - State Jail Facilities - State Sheriff - Drug Task Force Grant Total Public Safety

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

47,402 21,496 3,785 72,683

47,416 8,500 5,500 61,416

47,416 9,500 5,500 62,416

47,416 9,500 5,500 62,416

25,729 9,500 5,500 40,729

3,470 0 79,091 15,625 5,284 19,663 123,133

0 40,000 90,000 366,000 6,000 520,000 1,022,000

0 0 80,000 0 6,000 130,000 216,000

0 0 80,000 370,000 6,000 520,000 976,000

0 0 80,000 370,000 6,000 520,000 976,000

0 0

0 0

0 0

0 0

0 0

36,153,602

40,305,293

21,489,395

24,652,195

24,630,508

79,809 79,809

86,000 86,000

86,000 86,000

86,000 86,000

86,000 86,000

207,160 43,622 29,888 280,670

230,373 50,000 27,000 307,373

200,000 50,000 27,000 277,000

230,000 50,000 27,000 307,000

230,000 50,000 27,000 307,000

404 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

115 115

0 0

0 0

0 0

0 0

7,349 29,394 36,743

0 30,000 30,000

0 30,000 30,000

0 30,000 30,000

0 30,000 30,000

397,337

423,373

393,000

423,000

423,000

273 1,054 29,364 17,474 6,000 43,100 1,100 15,000 3,591 116,956

0 0 0 15,000 4,000 40,000 1,500 15,000 1,500 77,000

0 1,000 15,000 50,000 6,000 40,000 1,500 15,000 2,000 130,500

0 1,000 15,000 50,000 6,000 40,000 1,500 15,000 2,000 130,500

0 1,000 15,000 50,000 6,000 40,000 1,500 15,000 2,000 130,500

30 3,825 3,855

100 4,500 4,600

100 4,500 4,600

100 4,500 4,600

100 4,500 4,600

4,402 1,860 138,226 144,488

5,000 3,500 0 8,500

5,000 2,500 0 7,500

5,000 2,500 0 7,500

5,000 2,500 0 7,500

Health 4010

A03.2280.00

Home and Community 8160 A03.2376.R1 8160 A03.2376.02

Health Fees - State Total Health S/W Reserve - Municipality S/W Fees - Municipality Total Home and Community

TOTAL INTERGOVERNMENTAL CHARGES MISCELLANEOUS INCOME Use of Money and Property 1340 A04.2401.RAN 1340 A04.2401.R1 1340 A04.2401.R2 1340 A04.2401.00 1340 A04.2410.00 1340 A04.2412.00 4310 A04.2412.01 8751 A04.2412.02 1340 A04.2450.00 Licenses and Permits 3110 A05.2545.01 3110 A05.2545.03 Fines and Forfeitures 1340 A06.2610.00 4010 A06.2610.01 3141 A06.2615.R1

Interest - RAN Bank Acct. Interest & Earnings - Repair Reserve Interest & Earnings - S/W Reserve Interest & Earnings Rental of Real Property Maintenance in Lieu of Rent Rental of Mental Health Facilities Maintenance - Coop. Ext. Commissions Total Use of Money & Property Gunsmith & Gun Dealer Licenses Pistol/Revolver Licenses Total Licenses & Permits Fines/Forfeitures - Bail Fines - Public Health STOP DWI Fines Reserve Total Fines and Forfeitures

405 2005 ALLEGANY COUNTY BUDGET

Sale of Property and Compensation For Loss 9160 A07.2650.02 Income from Recyclables 8710 A07.2652.00 Sale of Forest Products 1340 A07.2655.00 Minor Sales - Other 4010 A07.2655.01 Minor Sales - Public Health 1355 A07.2655.02 Minor Sales - Tax Dept. - Maps, etc. 8020 A07.2655.03 Minor Sales - Pictometry 1340 A07.2660.00 Sale of Real Property 4010 A07.2665.00 Sale of Equipment 1910 A07.2680.00 Insurance Recoveries 1340 A07.2690.00 Tobacco Settlement Total Sale of Prop. & Comp. For Loss Miscellaneous 1340 A08.2701.00 2960 A08.2701.02 6010 A08.2701.03 6101 A08.2701.04 6109 A08.2701.05 6140 A08.2701.06 6010 A08.2701.08 6010 A08.2701.09 4010 A08.2701.4010 4310 A08.2701.4310 6783 A08.2705.01 6783 A08.2705.03 6784 A08.2705.04 6786 A08.2705.05 3110 A08.2705.3110 3114 A08.2705.3114 3640 A08.2705.3640 7321 A08.2705.3825 7550 A08.2705.7550

Prior Years Expense Refund Prior Yr. Exp. - EPHCP Refund Prior Yr. Exp. - DSS Admin. Refund Prior Yr. Exp. - DSS Medicaid Refund Prior Yr. Exp. - DSS Fam. Asst. Refund Prior Yr. Exp. - DSS Safety Net Refund Prior Yr. Exp. - DSS Misc. Prior Years - EPHC Medicaid Refund Prior Yr. Exp. - Health Refund Prior Yr. Exp. - Mental Health Gifts & Donations - Other Gifts & Donations - OFA/Title III-D OFA - W.R.A.P. Gifts & Donations - Title III-E Contrib. Gifts & Donations - Sheriff Gifts & Donations - Traffic Safety Gifts & Donations - EMS Gifts & Donations - Youth Court Gifts & Donations - Celebration

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

111,545 71,380 402 1,008 6,810 40 3,950 1,342 51,069 803,862 1,051,408

90,000 60,000 1,000 150 8,000 0 0 5,000 0 700,000 864,150

90,000 0 1,000 0 8,000 0 0 5,000 0 850,000 954,000

90,000 60,000 1,000 0 8,000 0 0 5,000 0 850,000 1,014,000

90,000 60,000 1,000 0 8,000 0 0 5,000 0 850,000 1,014,000

28,331 34,692 0 885,243 8,000 0 0 0 85,109 159 10 0 74 1,150 0 2,014 0 0 0

3,081 250 9,950 290,000 2,500 1,262 1,500 500 10,000 0 0 200 500 800 1,000 3,000 1,600 24,926 4,451

0 0 5,000 450,000 4,500 425 1,500 0 5,000 0 0 200 500 1,200 0 3,000 0 41,683 0

0 0 5,000 450,000 4,500 425 1,500 0 5,000 0 0 200 500 1,200 0 3,000 0 41,683 0

0 0 5,000 450,000 4,500 425 1,500 0 5,000 0 0 200 500 1,200 0 3,000 0 41,683 0

406 LEGISLATORS’ PROCEEDINGS

1340

A08.2770.00

Interfund Revenues 1671 A09.2801.15 6010 A09.2801.19 1620 A09.2801.20 1420 A09.2801.21 1420 A09.2801.22 1420 A09.2801.24 1420 A09.2801.25 1420 A09.2801.27 1672 A09.2801.28 1670 A09.2801.30 3150 A09.2801.3150 1610 A09.2801.32 3110 A09.2801.33 3140 A09.2801.34 1165 A09.2801.35 6779 A09.2801.36 4010 A09.2801.37 1910 A09.2801.39 6777 A09.2801.40 4010 A09.2801.46 6010 A09.2801.47 6010 A09.2801.48 3110 A09.2801.49 4310 A09.2801.50

Other Unclassified Revenue Total Miscellaneous Interfund Rev - Empl. & Trng. Audit DSS Accounting & Audit Interfund - Health Dept. Spec. Counsel Mileage Spec. Counsel DSS Attorney Fees - DSS Attorney Fees - DWI Attorney Fees - Health Shared Service - UPS Shared Service - Printing Sheriff - MH Medications Shared Service - Telephone Oper. Sheriff Fee - Transports Probation - STOP DWI Reimbursement DA - STOP DWI Reimbursement OFA S.N.A.P. Health Dept. - DSS Early Intervention Interfund Revenue - Insurance Interfund Revenue - OFA HEAP Information Technology - Public Health Information Technology - DSS Information Technology - Misc. Sheriff - DWI Mental Health - DSS Total Interfund Revenues

TOTAL MISCELLANEOUS INCOME

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

35,448 1,080,230

0 355,520

0 513,008

0 513,008

0 513,008

2,400 12,000 4,563 1,008 35,293 258,840 1,406 44,689 3,172 7,768 43,360 70,203 4,741 21,000 30,000 69,571 144,693 68,710 18,000 30,000 25,000 1,008 3,200 30,950 931,575

2,000 10,000 500 825 60,000 204,255 1,400 45,000 0 12,000 30,000 80,000 20,000 23,000 33,100 68,890 115,000 124,000 18,000 30,000 30,000 0 2,000 42,000 951,970

2,900 14,500 7,000 0 52,000 210,000 1,400 48,000 3,300 2,600 11,415 50,000 20,000 21,000 30,000 71,605 140,000 146,220 18,000 30,000 30,000 0 2,000 42,000 953,940

2,900 14,500 7,000 0 52,000 210,000 1,400 48,000 3,300 2,600 15,000 50,000 20,000 21,000 30,000 71,605 140,000 146,220 18,000 30,000 30,000 0 2,000 42,000 957,525

2,900 14,500 7,000 0 52,000 210,000 1,400 48,000 3,300 2,600 15,000 50,000 20,000 21,000 30,000 71,605 140,000 146,220 18,000 30,000 30,000 0 2,000 42,000 957,525

3,328,512

2,261,740

2,563,548

2,627,133

2,627,133

407 2005 ALLEGANY COUNTY BUDGET

STATE AID, ALL CATEGORIES State Aid - General 1340 A10.3001.00 1165 A10.3030.00 1355 A10.3040.00 3114 A10.3089.R1 1340 A10.3089.00 1011 A10.3089.01 1450 A10.3089.1450 1490 A10.3097.00 1620 A10.3262.00 State Aid - Education 2960 A10.3277.00 2960 A10.3277.01 State Aid - Public Safety 1165 A10.3031.01 1165 A10.3031.02 3640 A10.3305.00 3410 A10.3305.3410 3510 A10.3305.3510 3140 A10.3310.00 3142 A10.3310.01 3143 A10.3310.02 3140 A10.3310.03 3110 A10.3315.00 3110 A10.3316.00 3150 A10.3317.00 3110 A10.3318.00 3110 A10.3389.00 3110 A10.3389.01

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

State Revenue Sharing District Attorney Salary Real Property - Star Program Handicap Parking Other Aid Other Recreation Elections HAVA DPW Court System Maintenance Total State Aid - General

77,384 53,086 4,254 35 6,048 23,252 0 250,000 123,453 537,512

0 61,800 4,000 0 4,500 49,000 0 0 72,000 191,300

0 164,500 4,000 0 0 53,000 319,200 0 80,000 620,700

0 61,800 4,000 0 0 53,000 0 0 93,000 211,800

0 61,800 4,000 0 0 53,000 0 0 93,000 211,800

Handicapped Children EPHC-Administration Total State Aid - Education

794,136 9,135 803,271

796,031 25,000 821,031

1,033,380 20,000 1,053,380

884,380 20,000 904,380

884,380 20,000 904,380

District Attorney Crime Victim Grant District Attorney Aid to Prosecution EMT Emergency Services Fire - Misc. State Aid Fire - E-911 State Aid Probation Services Alternatives to Incarceration Probation Intensive Supervision Probation Eligible Diversion Navigation Law Enforcement Protective Gear Div Crim Justice Srvcs (DCJS) Grant Traffic Safety Grant State Food Program Transportation of Prisoners

50,161 90,803 43,771 15,000 0 155,148 9,943 19,009 35,580 641 0 10,374 1,160 2,696 2,722

27,800 50,000 66,000 40,000 47,794 160,000 8,800 12,000 20,100 4,500 0 0 0 5,500 2,000

0 0 60,000 0 0 160,000 8,400 12,000 20,100 4,500 0 0 0 5,500 2,000

30,200 42,500 60,000 0 0 160,000 8,400 12,000 20,100 4,500 0 0 0 5,500 2,000

30,200 42,500 60,000 0 0 160,000 8,400 12,000 20,100 4,500 0 0 0 5,500 2,000

408 LEGISLATORS’ PROCEEDINGS

3114 3110 3640

A10.3389.05 A10.3389.3110 A10.3960.00

State Aid - Health 4010 A10.3401.00 4071 A10.3401.01 4010 A10.3401.02 4057 A10.3401.07 4037 A10.3437.00 4046 A10.3446.00 4035 A10.3450.00 4043 A10.3450.01 4070 A10.3450.03 4051 A10.3450.04 4010 A10.3450.08 4010 A10.3450.09 4010 A10.3472.00 4056 A10.3473.00 4083 A10.3474.01 4011 A10.3474.02 4220 A10.3486.00 1185 A10.3489.01 4010 A10.3489.02 4310 A10.3490.01 4310 A10.3490.03 4310 A10.3490.101A 4310 A10.3490.1014 4310 A10.3490.1037 4310 A10.3490.1078 4310 A10.3490.1200 4312 A10.3490.134B 4312 A10.3490.134C

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

Sheriff - Traffic Safety Program Sheriff - Other State Aid Emergency Disaster Assistance Total State Aid - Public Safety

64,497 0 444 501,949

84,188 35,000 0 563,682

118,503 0 0 391,003

118,503 0 0 463,703

118,503 0 0 463,703

Public Health Work Cancer Screening I.H.A.P. - Children w/ Special Needs E.I.P. - Early Intervention Lead PHC Program Family Planning Clinic Rabies Clinic TB Care & Treatment Tobacco Awareness Source Water Assessment Prog. Water Supply Protection Water Quality Immunization Healthy Heart HIV Partner Notification Grant Substance Abuse Medical Examiners Respite Alcoholism ARC-MR & Dev Disabilities L.A. Adult C.S.S. I.S. Employ. Supported Housing Comm. Reinv ICM/C&Y ICM/Servs

750,701 75,162 57,984 57,712 37,548 5,519 158,671 14,637 0 19,927 1,000 110,000 278 30,387 600 36,221 0 7,207 1,192 702,802 171,304 20,040 189,210 13,410 14,642 550,247 13,849 12,575

754,452 77,477 60,000 140,000 40,000 7,500 172,978 15,000 5,000 19,972 6,500 110,000 0 30,400 2,500 27,032 243,227 7,000 5,000 465,045 171,304 19,745 188,858 27,692 14,642 605,813 13,849 12,576

760,000 84,071 56,597 75,000 40,000 7,500 175,000 15,000 2,500 19,972 0 110,000 279 30,400 2,500 0 243,227 7,000 2,000 459,842 171,304 19,695 188,401 27,625 14,607 499,597 13,627 12,545

727,000 84,071 56,597 75,000 40,000 7,500 175,000 15,000 2,500 19,972 0 110,000 279 30,400 2,500 0 243,227 7,000 2,000 459,842 171,304 19,695 188,401 27,625 14,607 499,597 13,627 12,545

727,000 84,071 56,597 75,000 40,000 7,500 175,000 15,000 2,500 19,972 0 110,000 279 30,400 0 0 243,227 7,000 2,000 459,842 171,304 19,695 188,401 27,625 14,607 499,597 13,627 12,545

409 2005 ALLEGANY COUNTY BUDGET

4311 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310

A10.3490.134E A10.3490.139J A10.3490.140F A10.3490.140M A10.3490.1400 A10.3490.140Q A10.3490.140R A10.3490.140S A10.3490.140T A10.3490.140U A10.3490.146L A10.3490.1500 A10.3490.170A A10.3490.170B A10.3490.170K A10.3490.170L

State Aid - Social Services 6101 A10.3601.00 6109 A10.3609.00 6010 A10.3610.00 6106 A10.3610.01 6011 A10.3611.00 6119 A10.3619.00 6140 A10.3640.00 6142 A10.3642.00 6010 A10.3661.01 6010 A10.3661.02 6010 A10.3661.03 6010 A10.3670.00

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

ICM/ServsCY Forensics HCRA Housing HCRA C&F SCM Service MH – Comm. Perf. HCRA Adult ICM Managers HCRA Adult SCM Managers HCRA Adult ICM Service HCRA Adult SCM Service HCRA C & F SCM Managers C&F CSP Gen. COLA ADT ICM Kendra's Law Trans Mgmt. - Kendra's Kendra's AOT Other Kendra's AOT ICM Service Total State Aid - Health

12,575 27,250 29,608 6,289 21,552 10,335 33,830 9,067 6,289 27,326 26,829 8,870 4,001 3,346 10,887 3,510 3,294,389

12,576 27,250 29,608 6,290 21,168 10,336 33,829 9,067 6,290 27,327 26,829 8,871 4,002 3,590 11,680 3,510 3,485,785

12,545 27,184 29,536 6,273 21,115 10,172 33,614 9,044 6,273 27,132 26,764 0 3,937 3,579 11,652 3,500 3,270,609

12,545 27,184 29,536 6,273 21,115 10,172 33,614 9,044 6,273 27,132 26,764 0 3,937 3,579 11,652 3,500 3,237,609

12,545 27,184 29,536 6,273 21,115 10,172 33,614 9,044 6,273 27,132 26,764 0 3,937 3,579 11,652 3,500 3,235,109

DSS Medical Assistance DSS Dependent Children DSS Administration DSS Adult & Family Special Needs DSS C.A.P. Child Care DSS Safety Net Emergency Aid Adults Block Grant EAF Block Grant CW Block Grant POS DSS - Recipients Total State Aid - Social Services

(27,297) 723,718 1,169,662 0 58,238 292,089 289,870 12,589 290,614 397,162 220,276 0 3,426,921

61,750 519,415 1,610,656 1,650 70,250 280,020 454,315 17,500 207,747 415,494 146,194 182,451 3,967,442

2,253 559,842 1,421,058 1,650 70,250 351,394 529,674 17,500 207,747 415,494 146,194 228,410 3,951,466

34,000 488,710 1,362,792 1,650 70,250 351,394 461,274 17,500 207,747 415,494 146,194 228,410 3,785,415

34,000 488,710 1,362,792 1,650 70,250 351,394 461,274 17,500 207,747 415,494 146,194 228,410 3,785,415

410 LEGISLATORS’ PROCEEDINGS

State Aid - Econ. Assistance & Opportunity 6010 A10.3665.00 Day Care Block Grant 6055 A10.3665.01 Day Care Block Grant Fed Sh. 6510 A10.3710.00 Veterans’ Service Agency 6510 A10.3710.6510 Veterans’ Grant 6989 A10.3715.00 Allegany County Tourism & Culture 6778 A10.3772.00 OFA Exp.In-Home Srvcs for Elderly 6779 A10.3772.01 OFA Supp. Nutrition Asst. Program 6776 A10.3772.03 OFA Comm. Srvcs Elderly 6775 A10.3772.04 OFA State L-T Care Ombudsman Prog. 6785 A10.3772.06 OFA Congregate Srvcs Initiative Grant 8020 A10.3902.8020 Agri. Farm. Prot. Plan. Grant Total State Aid - Econ. Asst & Oppor. State Aid - Culture and Recreation 7510 A10.3060.00 7180 A10.3820.01 7311 A10.3820.02 7310 A10.3820.03 7312 A10.3820.05 7310 A10.3820.07 7312 A10.3820.08 7312 A10.3820.10 7312 A10.3820.13 7312 A10.3820.15 7312 A10.3820.42 7312 A10.3820.47 7181 A10.3820.7181 7182 A10.3820.7182 7319 A10.3820.7319 7312 A10.3820.85 7312 A10.3820.89 7312 A10.3820.90

Records Management Rushford Lake Special Olympics Youth Bureau Cultural Enrichment Youth Center Youth Swim - Red Cross Youth - Government Interns Youth - Especially for You P.A.S.O. Houghton College Youth - Natural Helpers Youth - Peers Helping Peers Cuba Skate Park Wellsville Skate Park When I'm in Charge Youth - Week of Alternatives Youth - First Step Genesee Valley Outdoor Ed

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

179,149 723,707 (26,033) 25 101,258 97,785 132,931 75,108 4,144 4,060 0 1,292,134

143,644 681,795 5,000 1,860 101,258 101,400 138,300 75,000 4,200 3,400 12,500 1,268,357

135,169 818,675 5,000 0 101,258 101,400 138,300 75,000 4,200 3,400 0 1,382,402

135,169 818,675 5,000 0 85,000 101,400 138,300 75,000 4,200 3,400 0 1,366,144

135,169 818,675 5,000 0 77,323 101,400 138,300 75,000 4,200 3,400 0 1,358,467

50,000 13,046 500 18,720 260 3,104 750 825 519 5,673 3,700 3,500 0 0 0 0 4,000 (750)

50,000 15,000 500 18,000 2,034 4,700 0 7,240 0 5,200 3,200 3,200 1,000 3,000 750 4,000 3,735 0

0 15,750 0 16,895 0 0 0 3,500 0 0 0 0 0 0 0 0 0 0

0 15,750 0 16,895 0 0 0 3,500 0 0 0 0 0 0 0 0 0 0

0 15,750 0 16,895 0 0 0 3,500 0 0 0 0 0 0 0 0 0 0

411 2005 ALLEGANY COUNTY BUDGET

7313 7313 7313 7315 7312 7312 7312 7313 7320 7321

A10.3821.04 A10.3821.06 A10.3821.07 A10.3821.7315 A10.3821.92 A10.3821.93 A10.3821.94 A10.3822.02 A10.3824.7320 A10.3825.7321

Prevention Education/Referral Youth Mentor/Intern Program Youth Compeer STTT Special GED Wellsville Middle School Special Step Special First Step Youth Step/PECE Program MH - Youth Compeer Youth Court Total State Aid - Culture & Recreation

State Aid - Home & Community Services 7312 A10.3821.10 Juvenile Stop Shoplifting 7312 A10.3822.03 GED Program 8160 A10.3989.00 Recycling 6610 A10.3989.01 Weights & Meas Testing Total State Aid - Home & Comm. State Aid - Transportation 5630 A10.3589.01

Public Transportation Total State Aid - Transportation

TOTAL STATE AID - ALL CATEGORIES FEDERAL AID - ALL CATEGORIES Federal Aid - Public Safety 3640 A11.4305.00 Emergency Services - EMA 3140 A11.4307.00 JAIBG - Probation 3110 A11.4316.3110 Bulletproof Vest Program 3110 A11.4389.00 COPS More 3640 A11.4960.00 Emergency Disaster Assistance Total Federal Aid - Public Safety

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

4,500 2,500 3,000 0 405 2,600 2,500 (9,596) 3,638 34,650 148,044

5,000 1,000 3,000 3,465 0 2,750 2,650 10,600 0 17,667 167,691

0 0 0 0 0 0 0 0 0 0 36,145

0 0 0 0 0 0 0 0 0 0 36,145

0 0 0 0 0 0 0 0 0 0 36,145

(625) 2,040 75,319 1,024 77,758

0 3,793 0 0 3,793

0 0 0 4,500 4,500

0 0 0 4,500 4,500

0 0 0 4,500 4,500

609,316 609,316

520,000 520,000

733,000 733,000

733,000 733,000

733,000 733,000

10,691,294

10,989,081

11,443,205

10,742,696

10,732,519

8,437 (3,068) 0 16,172 2,772 24,313

14,400 17,894 0 0 0 32,294

14,400 7,452 0 0 0 21,852

14,400 7,452 0 0 0 21,852

14,400 7,452 0 0 0 21,852

412 LEGISLATORS’ PROCEEDINGS

Federal Aid - Health 4010 A11.4451.00 4190 A11.4452.00 4189 A11.4489.4189 4310 A11.4490.00 Federal Aid - Transportation 5630 A11.4589.01 Federal Aid 6101 6109 6119 6010 6010 6119 6010 6141 6150 6010 6070

Social Services A11.4601.00 A11.4609.00 A11.4609.01 A11.4610.00 A11.4611.00 A11.4619.00 A11.4640.00 A11.4641.00 A11.4650.00 A11.4661.00 A11.4670.00

Breast Health WIC Grant Bioterrorism Preparedness Mental Health - Medicaid Total Federal Aid - Health Public Transportation Assistance Total Federal Aid - Transportation Medical Assist. Dependent Children ADC - Aid to Dependent Children DSS Administration Food Stamp Program Fed Aid Child Welfare Safety Net H.E.A.P. Food Stamp Cash Out Title IV-B Services for Recipients Total Federal Aid - Social Services

Federal Aid - Economic Assistance & Opportunity 6772 A11.4772.00 Nutrition 6773 A11.4772.01 OFA Supp. Srvcs - Title III-B Grant 6774 A11.4772.02 Sr. Employment Prog. - Title V Grant 6772 A11.4772.03 OFA Cash in Lieu Reimburse. Meals 6779 A11.4772.04 OFA Cash in Lieu Reimburse. Meals 6781 A11.4772.05 Elder Abuse - Title VII Program 6782 A11.4772.06 OFA Health Ins Info, Couns, & Asst

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

8,795 216,187 55,060 48,384 328,426

10,625 224,187 176,700 34,000 445,512

14,000 200,931 75,000 45,000 334,931

14,000 200,931 75,000 45,000 334,931

14,000 200,931 75,000 45,000 334,931

0 0

0 0

38,000 38,000

38,000 38,000

38,000 38,000

48,166 1,066,757 (78,535) 2,747,519 570,839 966,501 7,257 1,075,246 3,827,157 24,865 244,767 10,500,539

210,201 1,174,748 0 2,526,237 348,451 1,038,580 0 2,700,000 4,252,550 18,000 574,770 12,843,537

26,579 1,427,654 0 2,715,835 399,447 949,934 0 2,700,000 5,017,090 18,000 287,385 13,541,924

90,000 1,285,390 0 2,687,302 399,447 949,934 0 2,700,000 4,600,000 18,000 287,385 13,017,458

90,000 1,285,390 0 2,687,302 399,447 949,934 0 2,700,000 4,600,000 18,000 287,385 13,017,458

101,071 58,587 27,782 38,277 26,593 8,400 1,174

106,200 60,000 28,200 37,350 26,280 8,400 2,350

106,200 60,000 27,200 36,600 27,360 8,400 2,350

106,200 60,000 27,200 36,600 27,360 8,400 2,350

106,200 60,000 27,200 36,600 27,360 8,400 2,350

413 2005 ALLEGANY COUNTY BUDGET

6783 6784 6780 8020

A11.4772.07 A11.4772.08 A11.4772.09 A11.4989.8020

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

5,337 29,222 2,590 20,000 319,033

5,800 26,200 0 0 300,780

5,800 26,200 0 0 300,110

5,800 26,200 0 0 300,110

5,800 26,200 0 0 300,110

31,040 31,040

38,000 38,000

38,000 38,000

38,000 38,000

38,000 38,000

11,203,351

13,660,123

14,274,817

13,750,351

13,750,351

81,898 81,898

33,465 33,465

0 0

0 0

0 0

81,898

33,465

0

0

0

61,855,994

67,673,075

50,163,965

52,195,375

52,163,511

OFA TITLE III-D OFA Weatherization OFA Oper. Restore Trust EPA Total Federal Aid - Econ. Asst. & Opp.

Federal Aid - Home & Community Services 6786 A11.4772.10 OFA Family Caregiver – Title III-E Total Federal Aid - Home & Comm. TOTAL FEDERAL AID - ALL CATEGORIES INTERFUND TRANSFERS 1340 A12.5031.00

Interfund Transfers Total Interfund Transfers

TOTAL INTERFUND TRANSFERS GRAND TOTAL GENERAL FUND REVENUES

SCHEDULE REVENUES USE OF MONEY AND PROPERTY, MISCELLANEOUS 6290 CD1.04.2401.00 Interest & Earnings 6290 CD1.08.2701.00 Prior Years Expense Total Use of Money and Property, Misc. INTERFUND REVENUES 6403 CD1.09.2801.6403 6404 CD1.09.2801.6404

Interfund - ACDSS Emp. Srvc. NY Welfare Block Grant, CASP II Total Interfund Revenues

-

2 - CD1

W. I. A. G R A N T F U N D 286 (3,376) (3,090)

0 0 0

0 0 0

0 0 0

0 0 0

290,133 30,417 320,550

300,211 10,000 310,211

285,676 0 285,676

285,676 0 285,676

285,676 0 285,676

414 LEGISLATORS’ PROCEEDINGS

STATE AID State Aid - General 6400 CD1.10.3089.00

Other Aid Total State Aid - General

State Aid - Economic Assistance & Opportunity 6408 CD1.10.3792.6408 Welfare to Work Total State Aid - Econ. Asst. & Oppor. TOTAL STATE AID FEDERAL AID 6400 CD1.11.4701.12 6400 CD1.11.4701.6400 6401 CD1.11.4701.6401 6402 CD1.11.4701.6402 6406 CD1.11.4701.6406 6408 CD1.11.4701.6408 6410 CD1.11.4701.6410 6411 CD1.11.4701.6411 6412 CD1.11.4701.6412 INTERFUND TRANSFER 6400 CD1.12.5031.6400

TANF SYEP WIA Admin. WIA Services WIA Program WIA Worker Program Welfare to Work WIA - Youth Program WIA Youth & Supportive Srvcs Youth RFP Total Federal Aid Interfund Transfer WIA Total Interfund Transfers

GRAND TOTAL W.I.A. GRANT FUND REVENUES

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

4,000 4,000

4,000 4,000

4,000 4,000

4,000 4,000

4,000 4,000

1,000 1,000

5,000 5,000

0 0

0 0

0 0

5,000

9,000

4,000

4,000

4,000

97,952 54,118 34,585 394,133 271,339 40,016 110,680 21,964 52,784 1,077,571

72,455 64,135 20,000 277,260 200,910 43,450 100,062 25,530 47,000 850,802

72,455 50,433 20,000 299,820 228,515 0 95,380 21,656 33,535 821,794

72,455 50,433 20,000 299,820 228,515 0 95,380 21,656 33,535 821,794

72,455 50,433 20,000 299,820 228,515 0 95,380 21,656 33,535 821,794

25,000 25,000

25,000 25,000

21,300 21,300

21,300 21,300

21,300 21,300

1,425,031

1,195,013

1,132,770

1,132,770

1,132,770

415 2005 ALLEGANY COUNTY BUDGET ACTUAL 2003

SCHEDULE REVENUES USE OF MONEY AND PROPERTY 1930 CS04.2401.01 Interest & Earnings – Res 9050 CS04.2401.03 Interest & Earnings – UIB Total Use of Money and Property

INTERFUND REVENUES 1930 CS09.2801.01 INTERFUND TRANSFERS 1930 CS12.5031.00

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

2 - CS

RISK RETENTION FUND 935 210 1,145

0 0 0

0 0 0

0 0 0

0 0 0

20,940 20,940

0 0

0 0

0 0

0 0

Other Unclassified Revenue Total Miscellaneous

0 0

0 0

0 0

0 0

0 0

Interfund Revenue – Emp. & Trng. Total Interfund Revenues

0 0

0 0

0 0

0 0

0 0

Interfund Transfers Total Interfund Transfers

0 0

233,500 233,500

333,500 333,500

333,500 333,500

333,500 333,500

22,085

233,500

333,500

333,500

333,500

SALE OF PROPERTY AND COMPENSATION FOR LOSS 1910 CS07.2680.00 Insurance Recoveries Total Sale of Prop. & Comp. for Loss MISCELLANEOUS 1930 CS08.2770.00

-

AMENDED BUDGET 2004

GRAND TOTAL RISK RETEN. FUND REVENUES

416 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

SCHEDULE

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

2 - CSH

REVENUES - RISK RETENTION - HEALTH FUND USE OF MONEY AND PROPERTY 1710 CSH04.2401.00 Interest & Earnings Total Use of Money and Property MISCELLANEOUS 1710 CSH08.2709.00 1710 CSH08.2709.01 1710 CSH08.2709.02 INTERFUND REVENUES 1710 CSH09.2801.01 1710 CSH09.2801.11 1710 CSH09.2801.16

Employee Contributions Retiree Contributions COBRA Contributions Total Miscellaneous Interfund Revenue - Emp. & Trng. Interfund Revenue - Work. Comp. Interfund Revenue - G.F. Total Interfund Revenues

GRAND TOTAL RISK RETENTION - HEALTH FUND REVENUES

26 26

0 0

0 0

0 0

0 0

111,094 55,902 3,107 170,103

125,000 75,000 10,000 210,000

125,000 75,000 2,000 202,000

125,000 75,000 2,000 202,000

125,000 75,000 2,000 202,000

97,204 7,499 4,161,650 4,266,353

0 0 4,020,000 4,020,000

0 0 4,658,000 4,658,000

0 0 4,658,000 4,658,000

0 0 4,658,000 4,658,000

4,436,482

4,230,000

4,860,000

4,860,000

4,860,000

417 2005 ALLEGANY COUNTY BUDGET ACTUAL 2003

SCHEDULE REVENUES TAX ITEMS 5110

D01.2306.00

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

2 - D

COUNTY ROAD FUND 13,806 13,806

0 0

0 0

0 0

0 0

INTERGOVERNMENTAL CHARGES 5110 D03.2306.00 Roads & Bridges - Other Govt. 5110 D03.2306.227 Cuba/Stout Rd/Culvert 5110 D03.2306.228 Scio/Bill Allen/Culvert Total Intergovernmental Charges

102,585 0 0 102,585

24,500 13,125 12,300 49,925

20,000 0 0 20,000

20,000 0 0 20,000

20,000 0 0 20,000

USE OF MONEY AND PROPERTY 5110 D04.2401.R1 Int. & Earnings - Repair Reserve 5110 D04.2401.00 Interest & Earnings Total Use of Money and Property

1,631 190 1,821

0 10,000 10,000

0 1,000 1,000

0 1,000 1,000

0 1,000 1,000

SALE OF PROPERTY AND COMPENSATION FOR LOSS 5110 D07.2650.00 Sale of Scrap 5110 D07.2655.00 Minor Sales - Other Total Sale of Prop. & Comp. for Loss

6,894 854 7,748

5,000 700 5,700

5,000 700 5,700

5,000 700 5,700

5,000 700 5,700

0 159 159

500 1,000 1,500

500 1,000 1,500

500 1,000 1,500

500 1,000 1,500

50,571 89,036 248,584

50,000 94,500 405,000

50,000 240,000 407,000

50,000 200,000 215,000

50,000 200,000 215,000

MISCELLANEOUS 5110 D08.2701.00 5110 D08.2770.00 INTERFUND REVENUES 5110 D09.2801.06 5110 D09.2801.09 5110 D09.2801.10

Roads & Bridges - Other Govt. Total Tax Items

-

AMENDED BUDGET 2004

Prior Years Expense Other Unclassified Revenue Total Miscellaneous Interfund Revenue Interfund - Capital - Town Bridges Interfund - Capital - County Rd Bridges

418 LEGISLATORS’ PROCEEDINGS

5110 5110

D09.2801.13 D09.2801.20

STATE AID State Aid - Transportation 5110 D10.3501.00 5110 D10.3589.00 FEDERAL AID Federal Aid - Transportation 5110 D11.4589.00 INTERFUND TRANSFERS 5110 D12.5031.03

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

3,381 0 391,572

2,000 10,500 562,000

3,000 10,815 710,815

3,000 10,815 478,815

3,000 10,815 478,815

1,517,837 30,789 1,548,626

1,605,567 13,699 1,619,266

1,230,245 0 1,230,245

1,230,245 0 1,230,245

1,230,245 0 1,230,245

259,552 259,552

41,097 41,097

0 0

0 0

0 0

4,586,495 4,586,495

4,458,470 4,458,470

6,418,652 6,418,652

5,106,913 5,106,913

5,106,913 5,106,913

6,912,364

6,747,958

8,387,912

6,844,173

6,844,173

Interfund - BldgS - Lot Clng./Plowing Interfund – Health Total Interfund Revenues

Consolidated Highway Emergency Disaster Total State Aid - Transportation

Emergency Disaster (FEMA) Total Federal Aid - Transportation Interfund Transfers from General Total Interfund Transfers

GRAND TOTAL COUNTY RD FUND REVENUES

SCHEDULE

2 - DM

REVENUES - ROAD MACHINERY FUND USE OF MONEY AND PROPERTY 5130 DM04.2401.00 Interest & Earnings Total Use of Money and Property SALE OF PROPERTY AND COMPENSATION FOR LOSS 5130 DM07.2665.00 Equipment Total Sale of Prop. & Comp. for Loss

292 292

7,000 7,000

1,000 1,000

1,000 1,000

1,000 1,000

3,600 3,600

19,500 19,500

2,500 2,500

2,500 2,500

2,500 2,500

419 2005 ALLEGANY COUNTY BUDGET

MISCELLANEOUS 5130 DM08.2701.00 INTERFUND REVENUES 5130 DM09.2801.06 5130 DM09.2801.09 5130 DM09.2801.10 STATE AID State Aid - Transportation 5130 DM10.3589.00 FEDERAL AID Federal Aid - Transportation 5130 DM11.4589.00 INTERFUND TRANSFERS 5130 DM12.5032.00

ACTUAL 2003

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

300 300

0 0

0 0

0 0

0 0

335,435 22,744 78,099 436,278

335,000 40,000 105,000 480,000

335,000 30,000 59,000 424,000

335,000 20,000 34,000 389,000

335,000 20,000 34,000 389,000

17,847 17,847

0 0

0 0

0 0

0 0

Emergency Disaster (FEMA) Total Federal Aid - Transportation

107,945 107,945

0 0

0 0

0 0

0 0

Interfund Transfers from General Fund Total Interfund Transfers

454,619 454,619

213,757 213,757

886,531 886,531

418,431 418,431

418,431 418,431

1,020,881

720,257

1,314,031

810,931

810,931

Prior Years Expense Total Miscellaneous Interfund Revenue Interfund - Capital - Town Bridges Interfund - Capital - County Rd Bridges Total Interfund Revenues

Emergency Disaster Total State Aid - Transportation

GRAND TOTAL ROAD MACH. FUND REVENUES

420 LEGISLATORS’ PROCEEDINGS ACTUAL 2003

SCHEDULE

AMENDED BUDGET 2004

DEPT. HEAD REQUEST 2005

BUDGET OFFCR. RECOMMEND. 2005

APPROVED 2005

2 - S

REVENUES - SELF INSURANCE FUND INTERGOVERNMENTAL CHARGES 1710 S03.2223.00 JTPA Assessments 1710 S03.2222.00 Participants Assessments Total Intergovernmental Chgs

2,724 725,400 728,124

3,100 744,545 747,645

2,900 775,850 778,750

2,900 775,850 778,750

2,900 775,850 778,750

6,279 189 6,468

0 0 0

0 0 0

0 0 0

0 0 0

51,911 51,911

0 0

0 0

0 0

0 0

786,503

747,645

778,750

778,750

778,750

USE OF MONEY AND PROPERTY 1710 S04.2401.R3 Interest & Earnings - WC Reserve 1710 S04.2401.00 Interest & Earnings Total Use of Money and Property MISCELLANEOUS 1710 S08.2701.00

Prior Years Expense Total Miscellaneous

GRAND TOTAL SELF INSUR. FUND REVENUES

SCHEDULE REVENUES - DEBT USE OF MONEY AND PROPERTY 9710 V04.2401.00 Interest & Earnings Total Use of Money and Property INTERFUND REVENUES 9710 V09.2801.00 INTERFUND TRANSFERS 9710 V12.5031.00

2 - V

SERVICE

FUND

1,892 1,892

0 0

0 0

0 0

0 0

Interfund from Capital Total Interfund Revenues

0 0

138,000 138,000

0 0

129,200 129,200

129,200 129,200

Interfund Transfers Total Interfund Transfers

815,940 815,940

822,000 822,000

1,024,800 1,024,800

1,050,600 1,050,600

1,050,600 1,050,600

817,832

960,000

1,024,800

1,179,800

1,179,800

GRAND TOTAL DEBT SERVICE FUND REVENUES

421 2005 ALLEGANY COUNTY BUDGET

Schedule 3 Statement of Special Reserves at September 30, 2004 Balance 01/01/04

Interest Earnings 09/30/04

Transfers and Other Income

Appropriations or Expended 2004

Cash Balance 09/30/04

GENERAL FUND Repair Reserve

$

209,180.00

$

791.00

$

209,971.00

Solid Waste

$ 2,069,514.00

$

11,274.00

$

2,088,810.00

DWI

$

164,231.00

$

180,597.00

LLRW Siting

$

532,073.00

$

532,073.00

Record Management

$

56,354.00

$

5,423.00

$

61,777.00

E911 Reserve

$

122,711.00

$

55,693.00

$

83,225.00

Canine Accelerant

$

896.00

$

896.00

OFA reserve

$

8,780.00

$

8,780.00

Health Car Seats

$

438.00

$

438.00

Handicapped Parking

$

115.00

$

115.00

$

47,373.00

$

48,272.00

$

8,022.00

$

62,650.00

$

$

(46,284.00)

(95,179.00)

COUNTY ROAD Repair Reserve

$

899.00

422 LEGISLATORS’ PROCEEDINGS

Schedule 4 Statement of Debt as of October 15, 2004 BONDS

Fund

Purpose

Date of Issue

Interest Rate

Outstanding as of 10/15/04

Debt Service

Solid Waste Highways and Bridges

11/15/89

6.80%

$

Debt Service

Buildings, Equipment, Bridges and Solid Waste

10/15/98

3.9%

Debt Service

Landfill Cell 7,8,9 Telephone System

6/15/01

4.3%

Purpose

Date of Issue

Interest Rate

04/29/04

1.25%

0.00

Due 2005 $

Date of Maturity

0.00

11/15/2004

$ 2,910,000.00

$ 340,000.00

10/15/2013

$ 3,170,000.00

$ 295,000.00

06/15/2016

BAN

Fund Capital

Bridges, Equipment, Construction and Maintenance

(continued)

Outstanding as of 10/15/04 $ 2,395,000.00

Due 2005

Date of Maturity

$ 2,395,000.00

04/28/2005

423 2005 ALLEGANY COUNTY BUDGET

RAN

Fund

Purpose

Date of Issue

Interest Rate

Outstanding as of 10/15/04

Due 2005

Date of Maturity

General

General Purpose Cash Flow Deficit

10/28/03

1.29%

$ 2,000,000.00

$

0.00

10/28/2004

General

General Purpose Cash Flow Deficit

11/14/03

1.17%

$ 4,300,000.00

$

0.00

10/28/2004

Purpose

Date of Issue

Interest Rate

Capital Project Law Enforcement Construction - Jail Cash Flow Deficit

12/23/04

1.16%

TAN

Fund General

Outstanding as of 10/15/04 $

Conclusion of Debt Summary

990,000.00

Due 2005 $

0.00

Date of Maturity 12/23/2004

424 LEGISLATORS’ PROCEEDINGS

Schedule 5 Capital Fund Project - September 30, 2004 Year

Acct #

Title

Authorization Prior Year

Authorization 2004 $

0.00

Total Authorization 43,498.00

H1628

District 3 Shop

$

43,498.00

2003

H3197

Law Enforcement Capital – Jail

$

70,000.00

2001

H5304

Amity - County Road 48

$

25,000.00

$

0.00

$

25,000.00

$

22,414.32

$

2,585.68

2002

H5407

I-386

$

10,000.00

$

0.00

$

10,000.00

$

10,000.00

$

0.00

2003

H5601

Bonded 03 Equip

$

654,000.00

$

0.00

$

654,000.00

$ 595,045.70

2003

H5602

Andover – Bridge 06/20

$

182,000.00

$

0.00

$ 182,000.00

$ 136,076.76

$

45,923.24

2003

H5607

Rushford, CR 7B, BR 23-11

$ 161,000.00

$

0.00

$ 161,000.00

$

69,215.29

$

91,784.71

2003

H5608

Caneadea, CR 46, BR 23-05

$

661,600.00

$

0.00

$ 661,600.00

$

64,730.02

$

596,869.98

2003

H5609

BR 16-6 CR1, Nile

$ 600,000.00

$

0.00

$ 600,000.00

$ 561,461.51

$

38,538.49

2003

H5610

Rip Rap – CR 24 & CR 19 (FR)

$

76,000.00

$

0.00

$

76,000.00

$

76,548.00

2003

H5611

Angelica, CO RD 48 (FR)

$ 110,500.00

$

0.00

$

110,500.00

$

65,913.14

$

44,586.86

2004

H5612

Amity, Sanatorium

$

0.00

$

35,997.00

$ 35,996.86

$

0.00

$

35,996.86

2004

H5613

Wirt, CULV #8-41

$

0.00

$ 126,146.00

$ 126,146.00

$

0.00

$ 126,146.00

2004

H5614

Allen, #2-04 CO RD 15

$

0.00

$ 225,000.00

$ 225,000.00

$

11,030.20

$

213,969.80

2004

H5615

Almond, #4-01, CO RD 2A

$

0.00

$ 285,000.00

$ 285,000.00

$ 192,110.40

$

92,889.60

2004

H5616

Rushford, #23-04 CO RD 7E

$

0.00

$ 245,000.00

$ 245,000.00

$ 206,970.63

$

38,029.37

2004

H5617

Bridge Deck Test & Repairs

$

0.00

$

20,000.00

$

$

$

7,653.00

2001

H8171

Landfill Closure

$ 2,500,000.00

$

0.00

$ 23,801,000.00

20,000.00

$ 2,500,000.00

$

Total Unexpended Balance

2001

$ 23,731,000.00

$

Total Expenditures 35,716.36

$ 7,781.64

$ 1,276,360.76

$ 22,524,639.24

12,347.00

$ 2,352,084.32

$ 58,954.30

$

(548.00)

$ 147,915.68

425 2005 ALLEGANY COUNTY BUDGET

Schedule 6 Estimated Cash Surplus at 12/31/04 Estimated Cash Balance 12/31/04

Estimated Encumbrances

Estimated Unreserved Fund Balance Available for Appropriation

Estimated Unreserved Fund Balance Appropriated by Governing Board

General Fund County Wide

$

0.00

$

0.00

$

0.00

$

0.00

County Road Fund

$

0.00

$

0.00

$

0.00

$

0.00

Road Machinery Fund

$

0.00

$

0.00

$

0.00

$

0.00

PIC Fund

$

0.00

$

0.00

$

0.00

$

0.00

Risk Retention General Insurance

$

0.00

$

0.00

$

0.00

$

0.00

Risk Retention Health Insurance

$

0.00

$

0.00

$

0.00

$

0.00

Debt Service Fund

$

0.00

$

0.00

$

0.00

$

0.00

426 LEGISLATORS’ PROCEEDINGS

(This Page Left Blank Intentionally)

427 INDEX INDEX - 2004 RES.

PAGE

"A" ACCORD: (Allegany County Community Opportunities and Rural Development, Inc.) Annual Report, 03/03-02/04, Filed Community Action Month in Allegany County, May 2004, Proclaimed by Board Chairman Domestic Violence Awareness Month, Rally Domestic Violence Consortium Planning Meeting Home Program, NYS Housing Trust Fund Corp., Recipient Agreement Approved Homeless Assistance Program Grant, Support for Application to U.S. Dept. of Housing and Urban Development Hunger and Homelessness Prevention Week, 11/14-20/04, Proclaimed by Board Chairman

225 77 166,167 34 10

10

140

123 195

AFSCME UNION: (See Also Salary Plan) Vice President Linda Palmer Voiced Concern with Job Cuts and Budget Problems AGING, OFFICE FOR THE: Annual Report – 2004 Appropriations & Revenues Increased Due to Federal Grant-in-Aid and Increase in Client Contributions Citizens Advisory Council Members Appointed Confirmed by Board Federal Older Americans Act Grants, Acceptance and Appropriation of Supplemental Funds Home-Delivered Meal Program, Prestige Services, 2004 Agreement Approved 2005-2006 Agreement Approved Nutrition & Supportive Srvcs., Grant Funds Accepted & Appropriated Personnel: 11/04 Employee of Month (Guinnip) Senior Employment Program, Title V Grant Funds Accepted & Appropriated S.N.A.P.: Appropriation & Revenue Accounts Increased Conditional Monetary Bequests/Donations/Gifts: Allegany Senior Foundation Almond Union of Churches; Maxwell, Cheryl and Mark; Wellsville Lioness Club Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) Within Accounts (Software Required by State and Fed. Govts.) Weatherization, Federal Grant-in-Aid Approp. AGRICULTURAL & FARMLAND PROTECTION: Board Members Appointed Grant Funds (2003), Reappropriation to Planning Contractual Expenses Account

148 306 195 32

176 5 26

240

231

9 164

10 145

99

82 183

98

82

239

231

262

246

5

8

115 239 253 6

92 231 242 9 21,95

36

28

428 LEGISLATORS’ PROCEEDINGS

AGRICULTURAL SOCIETY: Agreement 2004, Budget Appropriation Annual Report for 12/01/02 - 11/30/03 Filed Annual Report for 12/01/03 – 11/30/04 Filed County Fair Update, Presentation of Fair Book ALCOHOL & DRUG ABUSE: ANNUAL REPORTS:

RES.

PAGE

45

32 125 247 86

(See Community Services)

(See Reports, Annual)

APPOINTMENTS: Aging, Citizens Advisory Council Confirmed by Board 32 Agricultural & Farmland Protection Board Board of Legislators: Chairman (Palmer) 1 Vice Chairman (Bennett) 2 Emergency Interim Successor (Reynolds) Majority Leader Designated (Russo) Standing Committee Assignments (List on Page VII) Building Committee (See Public Safety Building…) Cattaraugus-Allegany Workforce Investment Board Community Services Board 33,238 Cornell Cooperative Extension, Legislative Member Recommended (Bennett) County Clerk Deputies Appointed by County Clerk Development Advisory Board Confirmed by Board 16 Elections Commissioner (Gallman) 201 Emergency Services Director (Tucker) Employment and Training Director (Garmong) 127 Fire Advisory Board 18 Fish & Wildlife Management Board Confirmed by Board 50 Friendship Empire Zone Administrative Board Health, Board of 62,128,189 Inter-County Association Planning Board Confirmed by Board 17 Public Safety Building Planning Committee Public Works: Superintendent (Roeske) 173 Deputy Superintendent I (Mancuso) Deputy Superintendent II (James) Railroad Authority, Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Confirmed by Board 129 Resource, Conservation & Development Board Social Services Commissioner, Acting (Schmelzer) 106 Commissioner Appointed (Schmelzer) 260 Soil & Water Conservation District Board 51 Southern Tier West Regional P & D Board Confirmed by Board 130 STOP DWI Coordinator (Aumick) Tourism, Citizens Advisory Committee Traffic Safety Board 19,271 Veterans’ Service Agency Director (Spillane) Confirmed by Board 11 Workers’ Compensation, Mutual Self-Insurance Executive Secretary (Dillon) Youth Board Confirmed by Board 150,188

5 26 21,95 1 1 2 3 2 21,34 122,248 27,230 3 11 3 14 187 2 117 16 5 37 2,149 49,117,169 2 3 15 4 155 167 167 95 117 5,12 88 245 38 95 118 2 5,34 16,253 3 12 12 95,167 133,169

429 INDEX

ASSESSMENTS:

RES.

PAGE

22

17

81

65

82

69

115

92

(See Tax)

ASSIGNED COUNSEL: (See Also Public Defender) Administrator Srvc. Agree. Approved (Hutter) Criminal, Family, & Surrogate Courts, Plan for Representation of Indigents, Adopted Family Court Legal Representation of Indigent Persons, Agreement with Legal Aid of Western New York, Approved Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) "B"

BELVIDERE (Interstate 86 and NYS Route 19 Intersection Area): Crossroads Commerce and Conference Center (See Crossroads Section in Index) Potable Water and Waste Water Service at Belvidere, Study Authorized (LaBella) 75 (TABLED) Transfer Funds from Contingent to County Adm. Account to Finance Study 132 Transfer Funds from Low Level Radioactive Waste Reserve Account to Contingent Acct. to Extend Village of Belmont Water and Sewer Infrastructure 276 Visitors’ Center Established BICENTENNIAL 2006, ALLEGANY COUNTY: Account Established, Acceptance & Appropriation of Miscellaneous Donations 96,121 225 BLIND & VISUALLY HANDICAPPED, ASSOCIATION FOR: Agreement 2004, Approved BOARD OF ELECTIONS: BOARD OF HEALTH:

37

61 55 119

256 121

81,112 219 28

(See Elections)

(See Public Health)

BOARDS & AGENCIES SERVING IN 2004, MEMBERS OF: BONDS: Industrial Development Agency Bonds: Cuba Memorial Hospital, Issuance of Bonds by IDA to Finance Civic Facility Project, Approved Houghton College, Issuance of Bonds by IDA to Finance Civic Facility Project, Approved Public Safety Building, Bond Resolution: Construction of New Public Safety Facility Auth. at Maximum Est. Cost of $23,731,000, Issuance of Bonds Authorized Public Works, Auth. Reconstruction of Three County Bridges, Issuance of $775,000 Bonds: CR 15 Allen, CR 2A Almond, CR 7E Rushford

VIII

171

153

200

184

117

97

60

45

430 LEGISLATORS’ PROCEEDINGS RES. BRIDGES:

PAGE

(See Public Works)

BUDGET: County Budget: 2005 County Budget Tentative Budget Released Public Hearing, Date Set Public Hearing, Held Amendment of 2005 Tentative Budget Adoption of 2005 County Budget Approp., Conduct of County Government, 2005 BUILDING COMMITTEE:

231 232 233

363 174 193 221 227 227 228

67

52

209

(See Public Safety Building)

BUS TRANSPORTATION: Public Transportation Agreement (First Transit) “C” CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD (WIB): (See Workforce Investment Board)

CENTRAL SERVICE ACCOUNTS: Computer (See Information Technology) Cost Allocation Plan, Indirect Cost Rate Proposal, Agreement Approved (Maximus, Inc.) 290 Telephone: Cellular Phone Policy, Approval & Adoption of 34 Consultant Agreement Approved with Allan Rotto Consultants, Inc. for Audit of Service Bills 165 Information Technology Dept. to Handle General Operation of County Telephone System, Amend County Board Rules 28 CHARGEBACK TO TOWNS:

270 27 145 23

(See Tax)

CIVIL DEFENSE:

(See Emergency Services, Office of)

CIVIL SERVICE:

(See Human Resources and Civil Service)

COMMUNITY COLLEGES, EDUCATION: Jamestown Community College, Authorizing Chairman to Continue Discussions to Determine Feasibility of Establishing an Extension Site in County 210 Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115 COMMUNITY SERVICES: Alcohol & Substance Abuse: Prevention Education Referral, Week/Alternatives, Natural Helpers Youth Program Funding, Agreements Approved 73 Reality Check Presentation Annual Report – 2004 Community Services Board Members Appointed 33,238 Gifts and Donations: Camp Get-A-Way Monetary Gift Accepted and Appropriated 162

195

92

58 11 307 27,230 144

431 INDEX

Memorializing Governor and State Legislature to Allow Counties Input on Conversions of State Aid to Medicaid, Affecting Behavioral Health Programs Personnel: Coordinator of Intensive Case Management Position Abolished; Assistant Director of Community Services Position Created Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) Within Accounts Youth Compeer Program Youth Program Funding, Agreement Approved CORNELL COOPERATIVE EXTENSION: Agreement 2004, Budget Appropriation Annual Report – 2004 Board, Legislative Member Recommended (Bennett) 4-H Program Presentation CORONERS:

RES.

PAGE

72

57

237

230

115 179

92 162

73

58

44

31 308 3 225

(See Medical Examiners & Coroners)

COUNTY ADMINISTRATOR: Annual Report – 2004 Public Safety Complex Project: Construction of New Jail and Public Safety Complex, Authorizing County Administrator to Approve Change Orders to Contract 139 Water District: Directing County Admin. to Cause Maps and Plans to be Prepared for Establishment of County Water District in Village of Belmont and Town of Amity, Report to Board with Recommendations (To Provide Municipal Water to Public Safety Complex) 138 Real Property, Rental or Lease of, Co. Admin., Public Works Supt. and County Atty. Authorized to Review and Approve, Requiring Approval of Comm. of Jurisdiction, Facil. P&M Comm. and Resol. of Board, Repealing Res. 74-01 76 Tax Refunds & Correction of Tax Bills/Rolls, Delegating Authority to County Administrator 77 Transfer of Funds: Contingent, to Finance Study of Potable Water and Waste Water Service at Belvidere 132 From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115 COUNTY ATTORNEY: Annual Report – 2004 Legal Proceedings Against Pharmaceutical Companies Manufacturers, etc. to Recover Overpayments Resulting from Scheme to Inflate Price of Medicaid Prescription Drugs, Authorizing County Attorney to Institute 264

310

123

122

62 62 119

92 311

249

432 LEGISLATORS’ PROCEEDINGS

Real Property, Rental or Lease of, Co. Admin., Public Works Supt. and County Atty. Authorized to Review and Approve, Requiring Approval of Comm. of Jurisdiction, Facil. P&M Comm. and Resol. of Board, Repealing Res. 74-01 Transfer of Funds: Contingent (Landfill Evaluation) From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End)

RES.

PAGE

76

62

113

91

115

92

COUNTY CLERK: Annual Report – 2004 Depository for County Clerk Funds, Steuben Trust Designated as; Authorizing County Clerks and Deputy County Clerks to Access Funds 12 Mortgage Tax: Mortgage Tax Apportionment 92,216 Apportionment Tables Retention of Necessary Expenses for Mortgage Tax Recording and Collection, Authorizing County Clerk to Request 214 (WITHDRAWN and REFERRED Back to Finance Comm.) Semi-Annual Appropriation of Funds Received from NYS as Reimbursement for Administration of Mortgage Tax Program, Authorized 215 Personnel: Abstractor Title Changed to Title Searcher in AFSCME Salary Plan 234 County Clerk (Christman), Oath of Office Admin. Deputy County Clerk (Healy) and Deputy County Clerk II (Stoll), Appointed by County Clerk Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115 COUNTY HISTORIAN: Annual Report – 2004 Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) COUNTY OWNED PROPERTY, BUILDINGS, EQUIPMENT:

312 12 78,215 348,349 213 168 214 228 2 11

92 315

115

92

(See Public Works)

COUNTY TREASURER: Annual Report – 2004 Bonds (See Bonds Section) Budget (See Budget Section) Cost Allocation Plan, Indirect Cost Rate Proposal, Agreement Approved (Maximus, Inc.) 290 Dog Licensing Fund (See Dog Licensing Fund Section) Financial Statements, Year Ended 12/31/03 Filed Transfer of Funds: Equipment and Contr. Exp. Accts.: From Contingent (Software Module for County Financial System) 277

272

270 233 257

433 INDEX RES.

PAGE

115

92

COUNTY WATER DISTRICT: Directing County Admin. to Cause Maps and Plans to be Prepared for Establishment of County Water District in Village of Belmont and Town of Amity, Report to Board with Recommendations (To Provide Municipal Water to Public Safety Complex) 138

122

From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) COUNTY VEHICLES: (See Individual Departments)

COURTS: Unified Court System, Maintenance and Operation, Renewal, Contract Period 2004-05 Unified Court System, Security Agreement: Amendment, Contract Period 2003-04 Renewal, Contract Period 04/04-03/09

284

268

136 283

120 267

CROSSROADS COMMERCE AND CONFERENCE CENTER, Near Interstate 86 and NYS Route 19 Intersection, Belvidere: Lease with Industrial Development Agency for Space at Center; Relocation of Offices of Development, Planning, and Tourism, Approved 84 (TABLED) Visitors’ Center Established CUBA LAKE:

72 69 121

(See Recreation)

CUBA MEMORIAL HOSPITAL: Continuing Care Residential Community (CCRC), Support of Cuba Memorial Hospital’s Application for Designation as Demonstration Project 263 Presentation Issuance of Bonds by Industrial Development Agency to Finance Civic Facility Project, Approved 171

248 247 153

"D" DAIRY INDUSTRY: U.S.-Australia Free Trade Agreement, Request President and U.S. Congress Remove Milk and Dairy Products DATA PROCESSING, OFFICE OF:

46

32

(See Information Technology)

DEVELOPMENT, OFFICE OF: Annual Report – 2004 Crossroads Commerce and Conference Center, Lease with Industrial Development Agency for Space; Relocation of Offices of Development, Planning, and Tourism, Approved 84 (TABLED) Development Advisory Board Members Appointed Confirmed by Board 16 Economic Development Consultant Services, Agreement Approved: Case, Jesse 8 Fleming, David 21

316

72 69 3 14 9 17

434 LEGISLATORS’ PROCEEDINGS

Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) Within Accounts DISTRICT ATTORNEY: Annual Report – 2004 Crime Victims’ Rights Ceremony Personnel: Crime Victims Coordinator, Amend Non-Unit Salary Plan to Change Salary Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) Within Accounts (Copier)

RES.

PAGE

115 168

92 147 317 61

87

74

115 180

92 162

DOG LICENSING FUND: Annual Report – 2003 Accepted by Board Annual Report – 2004

11 319

"E" E-911:

(See Fire Service and Sheriff)

ECONOMIC DEVELOPMENT ZONE:

(See Friendship Empire Zone)

EDUCATION: (See Community Colleges or Public Health Handicapped Children’s Program) ELECTIONS, BOARD OF: Annual Report – 2004 Freedom of Information Law and Election Law, Urging Governor and State Legislature to Sponsor and Enact Legislation Amending, Relating to Release of Personal Information Personnel: Commissioner Reappointed (Gallman) Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End)

321

125

115

201

187

115

92

EMERGENCY SERVICES, OFFICE OF: Annual Report – 2004 Communications System Antenna Site, Agreement with FBI (Corbin Hill) 156 County-wide Pre-Disaster Mitigation Plan, Agreement Between County and Soil & Water Cons. Distr. for Development of Plan Approved 137 Emergency Medical Services Week in Allegany County, May 16-22, 2004, Proclaimed by Board Chairman EMT Student Fees, Acceptance and Appropriation of United Way Donation 154 Homeland Security Grant Accepted, for Purchase of Equipment and Information Technology and Hazmat Response Enhancement 111

322 136 121 77 135 91

435 INDEX RES. Personnel: Director Appointed (Tucker) Fire Dispatcher Title Changed to Emergency Services Dispatcher, and Head Fire Dispatcher Changed to Head Emergency Services Dispatcher in AFSCME Salary Plan 234 Public Safety Complex (See Public Safety Building) “Radioactive” Labeling on Depleted Uranium Shipments, Requesting U.S. Dept. of Transp., to Protect Emergency Responders in Case of Accident During Transport 120 Southwestern Regional EMS Council, Funds Accepted and Appropriated for Funding Training Programs 122 Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115 Voice Recording System, Determination of Public Emergency and Waiving Competitive Bidding to Allow Purchase for Replacement of Defective Equipment 83 Wireless Expedited Grant Program Funds Accepted For Purchase of Voice Recording System 88 Wireless Enhanced 911 Expedited Deployment Grant, Authorizing Sheriff to Apply for Funding with NYS Dept. of State 68,273 Wireless Surcharge, Request Equitable & Dedicated Share from NYS be Returned to Counties to Offset Costs for Maintenance of Public Safety Answering Points and Dispatch of Emergency Service Providers to Wireless 911 Calls 25 EMPIRE ZONE:

PAGE 2

228

111 113

92

70 74 53,254

19

(See Friendship Empire Zone)

EMPLOYEE ASSISTANCE PROGRAM: Agreement Approved (Employee Services, Inc.) EMPLOYMENT & TRAINING CENTER: Annual Report – 2004 Personnel: Director Reappointed (Garmong) Employee Recognition, 30 Years (Fuller) Summer Youth Employment Program (SYEP), Youth Program Funding, Agreement Approved Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) Within Accounts Workforce Investment Board (WIB), Catt.-Alleg.: Board Members Appointed Interlocal Agreement w/ Cattaraugus County Pursuant to Workforce Investment Act of 1998 One Stop Operator’s Agreement, Approved (Employment & Training, NYS Dept. of Labor Div. of Employment Srvcs., and CattaraugusAllegany Workforce Investment Board)

155

135 323

127

117 194

73

58

115 197

92 177 21,34 122,248

257

243

258

244

436 LEGISLATORS’ PROCEEDINGS

WIB Funding, Contract Between Allegany County, Cattaraugus County, and Cattaraugus-Allegany Workforce Investment Board

RES.

PAGE

135

120

ENVIRONMENTAL CONSERVATION: (See Also Soil & Water Cons.) Fish & Wildlife Mngt. Board Members Appointed Confirmed by Board 50 Urging State DEC to Continue to Participate in Local Forest Practice Board Meetings 149 West Almond Tax Sale Property, Authorizing Conveyance to NYS Environmental Conservation 80 ERRONEOUS ASSESSMENTS:

5 37 132 64

(See Tax, Refund of)

EXTENSION SERVICE ASSOCIATION:

(See Cornell Cooperative Extension) "F"

FACILITIES PLANNING & MANAGEMENT COMMITTEE: Creation of Facilities Planning & Management Committee as an Additional Standing Committee; Amendment of County Board Rules

3

5

FINANCE COMMITTEE: Creation of Finance Committee as an Additional Standing Committee; Amendment of County Board Rules

3

5

FIRE SERVICE: Annual Report – 2004 Fire Advisory Board Members Appointed 18 Mobile Radios, Community Projects Appropriation Contract w/ State of New York 42 Equipment Loan Agreements w/ Various Fire Departments for Mobile Two-Way Radios 259 Personnel: Fire Dispatcher Title Changed to Emergency Services Dispatcher, and Head Fire Dispatcher Changed to Head Emergency Services Dispatcher in AFSCME Salary Plan 234 Recognition of Clair Guinnip, Volunteer Deputy Coordinator in District III for 26 Years Transfer of Funds: Fire E-911 Equipment: From E-911 Reserve Acct. (Computer Monitors) 254 From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115 Voice Recording System, Determination of Public Emergency and Waiving Competitive Bidding to Allow Purchase for Replacement of Defective Equipment 83 Wireless Expedited Grant Program Funds Accepted For Purchase of Voice Recording System 88 Volunteer Firemen’s Association: Agreement 2004, Budget Appropriation 40 Firefighters’ Memorial and Scholarship Program Update Wireless Enhanced 911 Expedited Deployment Grant, Authorizing Sheriff to Apply for Funding with NYS Dept. of State 68,273

324 16 30 244

228 11 242

92

70 74 29 71 53,254

437 INDEX

Wireless Surcharge, Request Equitable & Dedicated Share from NYS be Returned to Counties to Offset Costs for Maintenance of Public Safety Answering Points and Dispatch of Emergency Service Providers to Wireless 911 Calls FISH & WILDLIFE: FLOOD DAMAGE:

RES.

PAGE

25

19

(See Environmental Conservation)

(See Public Works, County Bridges/Highways)

FOREST PRACTICE BOARD: Reforestation)

(See Environmental Conservation or

FRIENDSHIP EMPIRE ZONE: Administrative Board Members Appointed Amendments, Request Governor to Remove Empire Zone Amendments from Proposed Budget, State Legislature to Defeat Proposed Amendments

2,149 48

36

"G" GRANTS WRITER: Correspondence from Northeast Allegany County Coalition Supporting Hiring a Grantsman to Provide Services to County and Assistance to Communities within County GUN LEGISLATION: Opposition to Governor’s Executive Budget Proposal Targeting Gun Owners (Additional Fees and Instituting a Five-Year Expiration Period for Hand Gun Licenses) Assemblywoman Young (Correspondence)

114

59

43 61

115

92

HOUGHTON COLLEGE: Issuance of Bonds by Industrial Development Agency to Finance Civic Facility Project, Approved 200

184

"H" HEALTH:

(See Public Health)

HEALTH INSURANCE, COUNTY EMPLOYEES: Risk Retention Health Account, Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) HIGHWAYS AND BRIDGES: HISTORIAN:

(See Public Works)

(See County Historian)

HUMAN RESOURCES AND CIVIL SERVICE: Annual Report – 2004 County Employee Recognition: Employee of the Month Program: 11/04 S. Guinnip, Office for the Aging 12/04 J. Merrick, Veterans’ Srvc. Agency 01/05 E. Kayes, Social Services

328 183 224 247

438 LEGISLATORS’ PROCEEDINGS RES. Years of Service: 27 Years, Pederson, R., Soil & Water Conserv. 30 Years, Cummings, S., Public Works 30 Years, Fuller, P., Employment & Training 30 Years, Hurd, P., Social Services 30 Years, Schmelzer, P., Social Services Employee Assistance Program, Agreement Approved (Employee Services, Inc.) Evaluation System Implemented for Non-Unit Employees and Department Heads Labor Relations and Negotiations: NYS Nurses Assn. Four-Year Agreement Approved Longevity Increments, County Officers & Non-Unit Employees, Local Law No. 1-04 (Amends Local Law No. 1-94) (See Also Local Laws) Mileage Allowance Established Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End)

PAGE 54 194 194 194 194

155

135

266

251

85

72

47 267

35 251

115

92

"I" INDUSTRIAL DEVELOPMENT AGENCY (IDA): Annual Report – 2004 Crossroads Commerce and Conference Center, Lease with County for Space; Relocation of Offices of Development, Planning, and Tourism, Approved (TABLED) Cuba Memorial Hospital, Issuance of Bonds by IDA to Finance Civic Facility Project, Approved Houghton College, Issuance of Bonds by IDA to Finance Civic Facility Project, Approved

329 84

72 69

171

153

200

184

INFORMATION TECHNOLOGY: Annual Report – 2004 Cellular Phone Policy, Approval & Adoption of 34 Computer, E-Mail, Internet Use Policy, Approval & Adoption of Revised (Repeal of Res. No. 147-03) 35 Consultant Agreement Approved with Allan Rotto Consultants for Audit of Phone Service Bills 165 Telephone System, Amend County Board Rules to Include County Telephone System Operation Under Information Technology Dept. 28 Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115 INSURANCE: Alternative Service Concepts, LLC Claims Service Contract Approved Erie County, Settlement to St. Paul Insur. Co. as Reimbursement, Damages to Cleveland Drive Bridge by Allegany County DPW Vehicle, Providing Settlement Funds H&V Risk Consultants, Insurance Advice and Services, 2005 Agreement Approved

330 27 27 145 23

92

57

42

91

77

279

265

439 INDEX

Humphrey & Vandervoort (Floss Agency), Excess Liability Umbrella Coverage, Proposal Accepted (Merchants Mutual) NYMIR Insurance Payment for Damages to Sheriff Office Vehicle, Car/Deer Accident, Accepted & Approp. (Risk Retention Acct.) Richardson & Stout Insurance, Proposal Accepted (NYMIR)

RES.

PAGE

29

23

177

161

26

20

INTER-COUNTY ASSOCIATION: Meetings: 02/20/04, Allegany County (Cuba) 03/19/04, Schuyler County (Hector) 04/16/04, Cattaraugus County (Olean) 05/21/04, Wyoming County (Portageville) 06/18/04, Monroe County (Rochester) 08/20/04, Livingston County (Caledonia) 10/15/04, Genesee County (Pavilion) 11/19/04, Chemung County (Horseheads) Voting Members Appointed

11 45 61 76 95 125 174 194 2

INTERSTATE 86 AND NYS ROUTE 19 AREA (Belvidere): Crossroads Commerce and Conference Center (See Crossroads Section in Index) Potable Water and Waste Water Service at Belvidere, Study Authorized (LaBella) 75 (TABLED) Transfer Funds from Contingent to County Administrator Account to Finance Study 132 Transfer Funds from Low Level Radioactive Waste Reserve Account to Contingent Acct. to Extend Village of Belmont Water and Sewer Infrastructure 276 Visitors’ Center Established

61 55 119

256 121

"J" JAIL:

(See Public Safety Building or Sheriff)

JAMESTOWN COMMUNITY COLLEGE: Establishing an Extension Site in Allegany County, Authorizing Chairman to Continue Discussions to Determine Feasibility

210

195

85

72

"L" LABOR RELATIONS AND NEGOTIATIONS: NYS Nurses Assn. Four-Year Agreement Approved

LEGAL DEFENSE OF INDIGENTS: (See Also Assigned Counsel or Public Defender) Criminal, Family, & Surrogate Courts, Plan for Representation of Indigents, Adopted 81 Family Court Legal Representation of Indigent Persons, Agreement with Legal Aid of Western New York, Approved 82 LEGISLATION REQUESTED: Corridor Studies of Extension South of SR 408 and Extension East of SR 243, Memorializing State Legislature to Cause to be Done (REFERRED to Committee) Correspondence Received from NYS DOT

193

65 69

171 136 247

440 LEGISLATORS’ PROCEEDINGS RES. Dairy Products, Request President and U.S. Congress Remove from U.S.-Australia Free Trade Agreement 46 Empire Zone Amendments, Request Governor to Remove from Proposed Budget, State Legislature to Defeat Proposed Amendments 48 Freedom of Information Law and Election Law, Urging Governor and State Legislature to Sponsor and Enact Legislation Amending, Relating to Release of Personal Information 125 Gun Legislation: Opposition to Governor’s Executive Budget Proposal Targeting Gun Owners (Additional Fees and Instituting a Five-Year Expiration Period for Hand Gun Licenses) 59 Assemblywoman Young (Correspondence) Local Forest Practice Board Meetings, Urging State DEC to Continue to Participate in 149 Local Government Records Management Improvement Fund (LGRMIF) and Cultural Education Fund (CEF), Support for Elimination of Sunset Provisions 108 Medicaid: Assembly Republican Medicaid Restructuring Plan: Burling & Young Request Board Review & Support Urging State Legislature to Adopt 126 Memorializing Governor and State Legislature to Allow Counties Input on Conversions of State Aid to Medicaid, Affecting Behavioral Health Programs 72 Open Letter to State Leadership Regarding Medicaid and Need for Help Now Requesting State to Waive Allegany County’s Share of Medicaid Payments for Next Three Years to Help Finance New Jail 89 Urging Federal Intervention to Address Property Tax Crisis in New York State 148 Sales Tax: Additional One and One-Half Percent County Sales Tax, Approval of State Bill Authorizing Until 11/30/05; Declar. Exist. of Necessity, Requesting Passage by State Legislature 70 Wireless Surcharge, Request Equitable & Dedicated Share from NYS be Returned to Counties to Offset Costs for Maintenance of Public Safety Answering Points and Dispatch of Emergency Service Providers to Wireless 911 Calls 25 LEGISLATORS, BOARD OF: Advisory Committees and Boards, Booklet Distributed Appointments: Chairman (Palmer) 1 Vice Chairman (Bennett) 2 Emergency Interim Successor (Reynolds) Majority Leader Designated (Russo) Standing Committee Assignments (List on Page VII) Facilities Planning & Management Committee Added 3 Finance Committee Added 3 Clerk, Legislative Board: Transfer of Funds: Contingent (Legal Advertising) 204

PAGE

32 36

115

43 61 132 89 95 116

57 121,232 75 131

55

19 34 1 1 2 3 2 5 5 189

441 INDEX RES.

PAGE

From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115 92 Compensation Table – 2004 352 Focus 2004 – A Strategic Planning Document, Framework for County Strategic Planning for 2004, Adopted (Legislative Document) 69 44,53 Government Interns, BOCES Students, Introduced 4 Meetings: Organization Meeting, 2005 Date Set 268 252 Regular Mtg. Changed from 12/27 to 12/30/04 217 215 Special Mtg. Held September 27, 2004 at 7:00 p.m. for Public Hearing on Local Law Intro. No. 4-04 Re: Proposed Solid Waste Flow Control Law 172 Proclamations by Chairman (See Proclamations) Real Property, Rental or Lease of, Co. Admin., Public Works Supt. and County Atty. Authorized to Review and Approve, Requiring Approval of Comm. of Jurisdiction, Facil. P&M Comm. and Resol. of Board, Repealing Res. 74-01 76 62 Reduction in Size of County Legislature from Fifteen Members to Five, Proposal: (See Also Local Laws) Public Comment (Including Committee of 44) 94 Public Petition Supporting Reduction Presented to Board 121 Resolution Setting Date for Public Hearing on Local Law (REFERRED to Ways & Means) 96 Town Resolutions Supporting/Opposing Reduction: Town of Cuba – Opposes Reduction 131 Village of Andover – Supports Reduction 95 Rules: Amendments: Abolishing Two Standing Committees Known as Technology and Resource Management 157,172 137,155 Creating Two Additional Standing Committees, (Facilities Planning & Mngt. and Finance) 3 5 Information Technology Dept., Operation of County Telephone System 28 23 Suspending Certain Board Rules Affecting Proposed Resolutions Submitted at Organization Mtg. 269 252 Salary, Maximum 2005, Board Members, Majority Ldr., Minority Ldr., Chairman, Included w/ Notice of Public Hearing on 2005 Tentative Budget 209 193 Standing Committees: Assignments (List on Page VII) 2 Facilities Planning & Management Committee Added 3 5 Finance Committee Added 3 5 Planning & Development Committee Authorized as Tourist Promotion Agency, Apply for State Funds 86 73 Technology and Resource Management Committees Abolished; Amendment of Board Rules 157,172 137,155 Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115,190 92,169 Within Accounts (Payroll) 228 221 LIBRARIES: David A. Howe Library, Wellsville, 2003 Annual Report Received

34

442 LEGISLATORS’ PROCEEDINGS RES. LOCAL LAWS: Intro. No. 1-2004

A Local Law Amending Local Law No. 1 of 1994 to Establish Longevity Increments for Certain County Officers and Non-Unit County Employees Introduction Public Hearing, Date Set Public Hearing, Held Adopted (Local Law No. 1-04)

Intro. No. 2-2004

PAGE

22 22 33 35

27 47

A Local Law Amending Local Law No. 3 of 1993 Providing for a Permanent Plan of Reapportionment for the Allegany County Board of Legislators (Reducing Number of Members from Fifteen to Five) Introduction Public Hearing, Date Set (Res. Intro. No. 117-04, REFERRED to Comm.)

Intro. No. 3-2004

186

149 149 166 167

185 211

149 164 172 196

A Local Law to Provide Increases in the Compensation of Certain County Officers Introduction Public Hearing, Date Set Public Hearing, Held Adopted (Local Law No. 4-04)

Intro. No. 6-2004

169

Local Law of the County of Allegany to Provide an Orderly Program for the Collection, Transportation and Disposal of Solid Waste and Recyclables in Order to Promote the Safety, Health, Welfare and Convenience of the Citizens of Allegany County, and to Prohibit Random Refuse Disposal and Littering Along Public Highways and Roads, and in Furtherance of the Legislative Findings Set Forth Below, and to Repeal Local Law No. 2 of the Year 2000, as Amended Introduction Public Hearing, Date Set Public Hearing, Held Adopted (Local Law No. 3-04)

Intro. No. 5-2004

96

A Local Law Amending Local Law No. 4 of 1987 to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over Introduction Public Hearing, Date Set Public Hearing, Held Adopted (Local Law No. 2-04)

Intro. No. 4-2004

96

194 213

175 175 183 213

A Local Law Repealing Local Law No. 3 of 2003 Imposing a Tax on the Occupancy of Hotel or Motel Rooms Introduction Public Hearing, Date Set (DEFEATED)

175 175

443 INDEX RES. Intro. No. 7-2004

PAGE

A Local Law Repealing Local Law No. 3 of 2003 Imposing a Tax on the Occupancy of Hotel or Motel Rooms Public Comment (Privilege of Floor) Introduction Public Hearing, Date Set (DEFEATED)

Intro. No. 8-2004

A Local Law Amending Local Law No. 1 of 1999 with Respect to the Number, Selection and Terms of Office of Members of the Allegany County Planning Board and the Powers and Duties of Such Board Introduction Public Hearing, Date Set Public Hearing, Held Adopted (Local Law No. 5-04)

Intro. No. 9-2004

183 184 184

225 226 233 235

229 246

A Local Law Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over Introduction Public Hearing, Date Set Public Hearing, Held Adopted (Local Law No. 6-04)

247

225 226 233 236

126

95 116

72

57

230

"M" MEDICAID REFORM: Assembly Republican Medicaid Restructuring Plan: Burling & Young Request Board Review & Support Urging State Legislature to Adopt Memorializing Governor and State Legislature to Allow Counties Input on Conversions of State Aid to Medicaid, Affecting Behavioral Health Programs Open Letter to State Leadership Regarding Medicaid and Need for Help Now Requesting State to Waive Allegany County’s Share of Medicaid Payments for Next Three Years to Help Finance New Jail Urging Federal Intervention to Address Property Tax Crisis in New York State

121,232 89

75

148

131

MEDICAL EXAMINERS & CORONERS: Annual Report – 2004 MEDICAL TRANSPORTATION: Air Medical Services, 2004 Contract Approved (Mercy Flight, Inc.) Non-Emergency Medical Transportation Agreement (Medical Transportation Management, Inc.)

309

56

41

66,256

52,243

MEMBERS OF BOARDS & AGENCIES SERVING IN 2004: MENTAL HEALTH:

(See Community Services)

MERCY FLIGHT, INC.:

(See Public Health – Air Medical Services)

VIII

444 LEGISLATORS’ PROCEEDINGS RES. MORTGAGE RECORDING TAX: MOTOR VEHICLE BUREAU:

PAGE

(See Tax) (See County Clerk)

MUTUAL SELF-INSURANCE PLAN:

(See Workers’ Comp. & Mutual Self Ins.) "N"

NATURAL RESOURCES: (See Environmental Conservation, Reforestation, or Soil & Water Conservation) NEW DIRECTIONS YOUTH & FAMILY SERVICES, INC.: Non-Secure Detention Services, Contract Approved

183

163

258

244

158

141

193

171 136 247

NEW YORK STATE DEPT. OF ENVIRONMENTAL CONSERVATION: (See Environmental Conservation) NEW YORK STATE DEPT. OF LABOR: One Stop Operator’s Agreement, Approved (Employment & Training, NYS Dept. of Labor Div. of Employment Srvcs., and CattaraugusAllegany Workforce Investment Board) NEW YORK STATE DEPT. OF TRANSPORTATION: Advisory Panel on Transportation Policy for 2025, Preparation of Statewide Transportation Master Plan, Resolution Supporting Corridor Studies of Extension South of SR 408 and Extension East of SR 243, Memorializing State Legislature to Cause to be Done (REFERRED to Committee) Correspondence Received from NYS DOT Cuba, NYS DOT Abandoned Parcel of Land, Correspondence, Official Order

225

"O" OFFICIAL NEWSPAPERS: 2005 Designation Substitute Cuba Patriot for Weeks of 07/25/04 and 08/01/04 in Place of Alfred Sun

270

252

146

129

"P" PARKS:

(See Recreation and Reforestation)

PERSONNEL:

(See Human Resources and Civil Service)

PHYSICALLY HANDICAPPED CHILDREN’S PROGRAM:

(See Public Health)

PLANNING: Agriculture Farm Protection Agency Grant Funds (2003), Reappropriation to Planning Contractual Expenses Account 36 Certificate of Appreciation (Gertrude Butera) Crossroads Commerce and Conference Center, Lease with Industrial Development Agency for Space; Relocation of Offices of Development, Planning, and Tourism, Approved 84 (TABLED)

28 114

72 69

445 INDEX RES. Focus 2004 – A Strategic Planning Document, Framework for County Strategic Planning for 2004, Adopted (Legislative Document) 69 Planning Board: Annual Report – 2004 Local Law No. 5-2004 Adopted, Amending Local Law No. 1-1999, Regarding Number, Selection, Terms of Office of Members of Planning Board and Powers and Duties of Such Board 246 Members Appointed Confirmed by Board 17 Transfer of Funds: Contingent (Planning Specialist Contract) 196 From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115 POLICIES:

PAGE

44,53 332

235 3 15 176

92

(See Work Rules, Policies, and Fringe Benefits)

PRIVATE INDUSTRY COUNCIL (PIC):

(See Employment & Training Ctr.)

PROBATION: Annual Report – 2004 Juvenile Accountability Incentive Block Grant, Acceptance & Appropriation of Fund Balance to Probation Equipment Account Non-Secure Detention Services, Contract Approved (New Directions Youth & Family Srvc., Inc.) (Administered by Social Services) STOP DWI Funds, Acceptance of and Appropriation to Probation Personnel Srvcs. Account for Supervision of DWI Probation Cases Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) Within Accounts (Paper Shredder)

333 101

83

183

163

110

90

115 133

92 119

PROCLAMATIONS: American Red Cross Month – March 2004 Community Action Month – May 2004 Developmental Disabilities Awareness Month – March 2004 Domestic Violence Awareness Month – October 2004 Emergency Medical Services Week – May 16-22, 2004 Hunger and Homelessness Prevention Week – November 14-20, 2004 Preparedness Month – September 2004 (Red Cross) Tourism Month – May 2004 PUBLIC DEFENDER: (See Also Assigned Counsel) Annual Report – 2004 Criminal, Family, & Surrogate Courts, Plan for Representation of Indigents, Adopted Family Court Legal Representation of Indigent Persons, Agreement with Legal Aid of Western New York, Approved

34 77 45 167 77 195 137 77 334 81

65

82

69

446 LEGISLATORS’ PROCEEDINGS

Personnel: Fixing Salary of Public Defender (Full-Time), Transferring Funds for Salary of Secretary to Public Defender, Abolishing One Position of Assistant Public Defender Fixing Salary of Assistant Public Defenders (WITHDRAWN) Services to Indigent Defendants, Agreement w/ Beth Farwell to Provide Additional Services Until Replacement Assistant is Hired Transfer of Funds: Contingent (Increase in Secretary Salary) From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End)

RES.

PAGE

107

88 119

41

30

107

88

115

92

PUBLIC HEALTH: Air Medical Services, 2004 Contract Approved, (Mercy Flight, Inc.) 56 Allegany-Western Steuben Rural Health Network: Community Partnership on Aging Roundtable Socioeconomic Trends and Well-Being Indicators Presentation Annual Report – 2004 Bioterrorism Grant, Additional Money Accepted for Smallpox Related Activities 65 Board of Health Members Appointed 62,128,189 Cancer Services Program, State Grant-in-Aid Accepted & Appropriated to Extend Program 178 Children’s Services Programs, Approval of Lease with Dennis & Pamela Dlugolecki, d/b/a DP Ventures for Premises at 54 Schuyler Street, Belmont 103 Disaster Preparedness Program, Bioterrorism Federal Grant-in-Aid Accepted & Appropriated for Equipment for Training 97 Family Planning, State Grant-in-Aid Accepted and Appropriated 142,161 Handicapped Children’s Program: Preschool Special Education Program Software, Approving Service Contract (James McGuinness) 39 Programs/SEIT/Eval., Preschoolers w/ Disabilities, 2004-05 Agreements Approved, Livingston-Wyoming ARC, Catt.-Alle. BOCES, Pathways, Inc. 255 Transportation Agreements Approved 147 New York State Nurses Association, Agree. Apprvd. 85 Personnel: County Engineer Position Created; Public Works Engineer Position Abolished (New Position will Include Performance of Septic System Design Review and Approval) 236 Public Health Preparedness Response to Bioterrorism, Approving Intergovernmental Agreement w/ Western New York Public Health Alliance 38 Septic Systems, Adjust Accounts to Reimburse for Services of Licensed Professional Engineer to Review and Seal 78 Smallpox Related Activities, Additional Money Accepted Under Bioterrorism Grant 65

41 55 174 325 51 49,117,169 162 84 82 124,144 29 243 129 72

229 28 63 51

447 INDEX

Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) Within Accounts

RES.

PAGE

115 226

92 220

PUBLIC SAFETY BUILDING: Bond Resolution: Construction of New Public Safety & Training Facility Authorized at Maximum Estimated Cost of $23,731,000, Issuance of Bonds Authorized 117 Construction Contracts: Bids Update and Budget Overview Given by Construction Manager Ciminelli-Cowper Consolidating Res. Intro. Nos. 206-04 to 218-04, Regarding New County Jail and Public Safety Complex Construction Contracts, Approval 199 King Brothers Masonry Contractors, Inc., Concrete, Masonry, and Precast 199A Raulli & Sons, Inc., Structural Steel 199B Grove Roofing Services, Inc., Roofing 199C Kirst Construction, Inc., General Trades Work 199D Niagara Coatings Services, Inc., Painting 199E Spectra Contract Flooring, Resilient Flooring and Carpet 199F D & R Jones Construction Corp., Tile 199G Commercial Appliance Contracts, Inc., Food Service Equipment 199H Scobell Company, Inc., Heating, Ventilation, Air Conditioning 199I Frey & Campbell, Inc., Plumbing 199J Davis Fire Protection and Services, LLC, Fire Protection 199K Frey Electric Construction Co., Inc., Electrical 199L Esitech, Inc., Electronic Security Systems 199M Construction of New Jail and Public Safety Complex, Authorizing County Administrator to Approve Change Orders to Contract 139 Correction Officer, Creating Two Temporary Positions in Sheriff’s Dept. (to Allow for a Transition Team for Public Safety Bldg. Mandated by Comm. of Corrections) 159 Fillmore Gas Company, Easement for Installation and Maintenance of Gas Service to New County Jail and Public Safety Facility 274 Public Comment on New Public Safety Facility: Resolution from Village of Andover, Requesting Decision to Construct be Delayed Public Petition Opposing Building New Jail Presented to Board Public Safety and Training Facility Debt Reserve Fund Established 118 Public Safety Building Planning Committee, Members Appointed Requesting State to Waive Allegany County’s Share of Medicaid Payments for Next Three Years to Help Finance New Jail 89

97 166 178 178 178 179 179 179 180 180 180 181 181 181 182 182 123

143 255 95 121 99 4 75

448 LEGISLATORS’ PROCEEDINGS

SEQRA Determination on New Jail Project, Based on Short Environmental Assessment Form, Unlisted Action, No Significant Impact Site Preparation: Approving Agreement with Bakers of Jericho Hill, Inc. Water District: Directing County Admin. to Cause Maps and Plans to be Prepared for Establishment of County Water District in Village of Belmont and Town of Amity, Report to Board with Recommendations (To Provide Municipal Water to Public Safety Complex) Water Main Extension to Public Safety Building, Approving Agreement with Labella Associates PC for Engineering Services PUBLIC TRANSPORTATION:

RES.

PAGE

116

96

163

144

138

122

208

192

(See Bus Transportation)

PUBLIC WORKS: Annual Report – 2004

335

Bridges, County: Almond, Auth. Purchase of Land from Gary George and Repealing Res. No. 53-04 (To Facilitate Bridge Replacement on County Rd. 2A) 94 (WITHDRAWN) Andover, CR 21 Bridge No. 06-02: Auth. Applic. to State Emergency Management Office for Hazard Mitigation Grant Funds for Replacement 90 Angelica, CR 16 Bridge: Auth. Impl. & Funding in First Inst. 100% Federal Aid Marchiselli Prog. Elig. Costs, Appropriation of Funds 64 Authorizing Reconstruction of Three County Bridges, Issuance of $775,000 Bonds: CR 15 Allen, CR 2A Almond, CR 7E Rushford 60 Belfast, CR 26 Bridge No. 08-06: Auth. Applic. to State Emergency Management Office for Hazard Mitigation Grant Funds for Replacement 90 Capital Projects Established, Culvert No. 8-41, Wirt, and Sanatorium Lot, Amity, Flood Damage 95 Centerville, CR 3 Culvert: Establishing Capital Project for Replacement (State Multi-Modal #3) 223 Concrete Bridge Decks Testing & Repair, Community Projects Appropriation Contract w/ State of New York 43 Grove, CR 24 Culvert No. 24-33: Auth. Impl. & Funding in First Inst. State Multi-Modal Prog. Aid-Elig. Costs, Approp. of Funds 143 Rushford, CR 7B Bridge No. 3330440: Auth. Impl. & Funding in First Inst. State Multi-Modal Prog. Aid-Elig. Costs, Approp. of Funds 144 Bridges, Town & Village: Cuba, Town Bridge Local Culvert Cuba-01, Stout Rd., Construction Approved Scio, Town Bridge Local Culvert Scio-01, Bill Allen Hill Rd., Construction Approved County Owned Property, Buildings & Equipment: Almond, Sale of Land (Exchange), Gary George Almond, Auth. Purchase of Land from Gary George and Repealing Res. No. 53-04 (To Facilitate Bridge Replacement on County Rd. 2A) (WITHDRAWN)

80 74 75 50 45 75 81 219 31 126 127

14

13

15

14

53

39

94

80 74

449 INDEX RES. Amity, Sale of Land to Richard Rawleigh and Robert Salevsky 93 Belmont, Sale of Land to Village of Belmont 30 Burns, Sale and Conveyance of Interest in Real Property to WNY Distr. Wesleyan Church 174,207 Communications System Antenna Site, Agreement with FBI (Corbin Hill) 156 Cuba, Sale of Land to Town of Cuba 272 Friendship, Sale of Land to Friendship Dairies 52 Public Safety Building (See Public Safety Bldg.) West Almond Tax Sale Property, Authorizing Conveyance to NYS Environmental Conservation 80 Courts: Unified Court System, Maintenance and Operation, Renewal, Contract Period 2004-05 284 Highways, County: Capital Projects Established, Culvert No. 8-41, Wirt, and Sanatorium Lot, Amity, Flood Damage 95 CHIPS Program, Increase in Accounts to Allocate SFY 03-04 Funds Remaining from 2003 54 Deer Carcass Removal Services, Agreement Approved (Simonsen Enterprises) 289 Flood Repair Work, Capital Project Established; Providing Funds (CR 48, Angelica); Resulting from Summer 2003 Flooding 4 Flood Repair Work (CR 15B), Auth. Impl. & Funding in First Inst. 100% of Federal Aid Eligible Costs of Transportation Federal Aid Emergency Relief Project, Approp. Funds, Resulting from 08-09/04 Storms 275 New Hudson, Repaving County Portion of Rawson Road: Auth. Impl. & Funding in First Inst. State Multi-Modal Prog. Aid-Elig. Costs, Approp. of Funds 145 Reducing Number of Highway Districts from Five to Four 167 Rip Rap Placement Work, Capital Project Established; Providing Funds (CR 19 and 24) 7 Septic Systems, Adjust Accounts to Reimburse for Services of Licensed Professional Engineer to Review and Seal (County Road Fund) 78 Highways, State: Corridor Studies of Extension South of SR 408 and Extension East of SR 243, Memorializing State Legislature to Cause to be Done (REFERRED to Committee) Correspondence Received from NYS DOT Cuba, NYS DOT Abandoned Parcel of Land, Correspondence, Official Order NYS Advisory Panel on Transportation Policy for 2025, Preparation of Statewide Transportation Master Plan, Resolution Supporting Insurance Claim Settlements: Erie County, Settlement to St. Paul Insur. Co. as Reimbursement, Damages to Cleveland Drive Bridge by Allegany County DPW Vehicle, Providing Settlement Funds

193

PAGE 78 23 156,190 136 254 38 64

268

81 41 270 8

255

128 147 9 63

171 136 247 225

158

141

91

77

450 LEGISLATORS’ PROCEEDINGS RES. Personnel: Account Clerk Typist Position Abolished; Secretary to the Superintendent of Public Works Position Created 245 (REFERRED to Personnel Comm.) Accountant Position Abolished; Dept. of Public Works Fiscal Manager Position Created 244 (REFERRED to Personnel Comm.) County Engineer Position Created; Public Works Engineer Position Abolished (New Position will Include Performance of Septic System Design Review and Approval) 236 Deputy Superintendent I Appointed by Superintendent Roeske (Mancuso) Deputy Superintendent II Appointed by Superintendent Roeske (James) Employee Recognition, 30 Years (Cummings) Motor Equipment Operator/Welder Position Created, Motor Equipment Operator Position Abolished 151 Road Maintenance Supervisor, Two Positions Abolished; Cleaner, One Position Abolished; Laborer, One Position Abolished 166 Superintendent Reappointed (Roeske) 173 Real Property, Rental or Lease of: Co. Admin., Public Works Supt. and County Atty. Auth. to Review and Approve Rental or Lease of Real Property, Requiring Approval of Comm. of Jurisdiction, Facil. P&M Comm. and Resol. of Board, Repeal Res. 74-01 76 Development, Planning, Tourism: Crossroads Commerce and Conference Center, Lease with Industrial Development Agency; Relocation of Offices of Development, Planning, and Tourism, Approved 84 (TABLED) Public Health: Children’s Services Programs, Approval of Lease with Dennis & Pamela Dlugolecki, d/b/a DP Ventures, 54 Schuyler Street, Belmont 103 Sheriff: Cuba Lake, State-Owned Property (Ranger Cabin), Lease Agreement w/ NYS Office of General Services, Approved (Marine Patrol) 114 Snow Removal & Ice Control Contracts: Town of Birdsall Resolution Terminating Contract Solid Waste: Landfill: Expansion: Transfer of Funds for Study (WITHDRAWN) Authorizing Study and Transfer of Funds Establishing Capital Project for Study Fees: Contaminated Soil, Fees Established Fees Structure Changes and Increases: Village of Bolivar Correspondence, Opposing User Fees Increases User Fees Established for 2005 Opposition Voiced

PAGE

235 229 234 229

229 167 167 194 133 146 155

62

72 69

84

92 130

160 224

129 143 219

13

13

212

167 212 86

451 INDEX RES.

PAGE

Leachate Disposal: Caneadea, Town of, Agreement Approved 285 Cuba, Village of, Agreement Approved 286 Friendship, Town of, Agreement Approved 287 Wellsville, Village of, Agreement Approved 288 Purchase of Tonnage Capacity: Earthwatch Waste Systems, Inc., Agreement 104 Hornell, City of, Disposal of Out-of-County Municipal Solid Waste, Agreement Approved 74 Rules & Regulations for Maintenance & Operation, County’s Solid Waste Mngt. & Resource Recovery, Amended re: Construction Debris 49 Notice of Proposed Rules & Regulations Filed Pursuant to Local Law No. 3 of 2004 Sale or Lease of Landfill, or Formation of Garbage District, Village of Wellsville Resolution in Opposition to Solid Waste Flow Control Law, Adoption of Local Law Intro. No. 4-2004, to Provide an Orderly Program for the Collection, Transportation and Disposal of Solid Waste and Recyclables...(See Local Laws) 211 Waste Handling System, Town of Ward Correspondence Opposing Privatization and Practice of Taking in Waste at a Rate Less Than it Costs to Handle it Recycling: Szucs, Gretchen (Recycling Program Coordinator) Chosen for Recycler of the Year Award Traffic Safety Board: Members Appointed

19,271

Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115,190 From DPW Accts. & Cont. (Landfill Expansion, Authorizing Study and Transfer of Funds) 160 Road Machinery Fund: From County Road Fund (Sander and Tire Balancer) 243,261 Solid Waste: From County Road Fund (Landfill Expansion) 243 Within Accounts 242

268 269 269 269 84 59 36 233 71

196

131 183 16,253

92,170 143 232,245 232 232

"R" RAILROAD AUTHORITY, CHAUTAUQUA, CATTARAUGUS, ALLEGANY & STEUBEN SOUTHERN TIER EXTENSION: Members Appointed Confirmed by Board 129 REAL PROPERTY TAX SERVICE AGENCY:

95 117

(See Tax)

RECORDS MANAGEMENT: Local Government Records Management Improvement Fund (LGRMIF) and Cultural Education Fund (CEF), Support for Elimination of Sunset Provisions 108

89

452 LEGISLATORS’ PROCEEDINGS

RECREATION: Cuba Lake: Bombardier Motor Corp., Sheriff Equipment Lease Agreement Approved, Personal Water Craft for Marine Patrol State-Owned Property (Ranger Cabin), Sheriff Lease Agreement w/ NYS Office of General Services, Approved Genesee Valley Outdoor Education Center, Report on Ground-breaking Rushford Lake Swimming Area: Bombardier Motor Corp., Sheriff Equipment Lease Agreement Approved, Personal Water Craft for Marine Patrol Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) Soil & Water Cons. Distr., Agreement Approved Related to Reforested Lands, Parks, Rec. Areas

RES.

PAGE

124

113

114

92 86

124

113

115

92

58

42

REFORESTATION: (See Also Environmental Conservation) Annual Report – 2004 Soil & Water Cons. Distr., Agreement Approved Related to Reforested Lands, Parks, Rec. Areas 58 Urging State DEC to Continue to Participate in Local Forest Practice Board Meetings 149 Assembly Reps. Young and Burling (Correspondence) REPORTS, ANNUAL: Aging, Office for the Community Services Cornell Cooperative Extension Coroners County Administrator County Attorney County Clerk County Historian County Treasurer Development District Attorney Dog Licensing Fund Elections, Board of Emergency Services, Office of Employment & Training Fire Service Health Department Human Resources and Civil Service Industrial Development Agency Information Technology Parks & Reforestation Planning Board Probation Department Public Defender Public Works, Department of Real Property Tax Service Agency Sheriff Social Services Soil & Water Conservation District STOP DWI Tourism

331 42 132 174 306 307 308 309 310 311 312 315 272 316 317 319 321 322 323 324 325 328 329 330 331 332 333 334 335 336 337 338 339 340 341

453 INDEX RES. Traffic Safety Board Traffic Safety Program Veterans’ Service Agency Weights & Measures Workers’ Compensation (Mutual Self-Insurance Plan) Youth Bureau

342 343 344 345 346 347

RESOLUTIONS: Indexed by Subject Matter Numerical Listing

427 463

RESOURCE, CONSERVATION & DEVELOPMENT: 2003 Annual Report Filed by Seneca Trail Resource Conservation and Development Council Board Members Appointed

45 5,12

ROCHESTER GAS & ELECTRIC CORP.: Separating Utilities Supply and Distribution RULES, COUNTY BOARD: RULES, OPERATING: RUSHFORD LAKE:

PAGE

148

(See Legislators, Board of)

(See Work Rules)

(See Recreation) "S"

SALARY PLAN (BARGAINING UNIT): AFSCME Titles Corrected (Abstractor to Title Searcher, Fire Dispatcher to Emergency Services Dispatcher, and Head Fire Dispatcher to Head Emergency Services Dispatcher NYS Nurses Assn. Four-Year Agreement Approved

234 85

SALARY PLAN (NON-BARGAINING UNIT): Community Services Agency: Coordinator of Intensive Case Management Position Abolished; Assistant Director of Community Services Position Created 237 District Attorney’s Office: Crime Victims Coordinator, Amend Non-Unit Salary Plan to Change Salary 87 Longevity Increments, County Officers & Non-Unit Employees, Local Law No. 1-04 (Amends Local Law No. 1-94) (See Also Local Laws) 47 Officers, Increases in Compensation, Local Law No. 4-04 (See Also Local Laws) 213 Public Defender’s Office: Fixing Salary of Public Defender (Full-Time), Transferring Funds for Salary of Secretary to Public Defender, Abolishing One Position of Assistant Public Defender 107 Fixing Salary of Assistant Public Defenders (WITHDRAWN) Public Works: Account Clerk Typist Position Abolished; Secretary to the Superintendent of Public Works Position Created 245 (REFERRED to Personnel Comm.) Accountant Position Abolished; Dept. of Public Works Fiscal Manager Position Created 244 (REFERRED to Personnel Comm.)

228 72

230 74 35 213

88 119

235 229 234 229

454 LEGISLATORS’ PROCEEDINGS

County Engineer Position Created; Public Works Engineer Position Abolished (New Position will Include Performance of Septic System Design Review and Approval) SALARY SCHEDULES: Increments Granted (Unit, Non-Unit), Effective 07/01/04 Legislative Board Members’ Maximum 2005 Salaries, Included w/ Notice of Public Hearing on 2005 Tentative Budget Salaries 2005 (County Officers & Employees) SEQRA (State Environmental Quality Review Act): Public Safety Building (New Jail) Project, Determination Based on Short Environmental Assessment Form, Unlisted Action, No Significant Impact

RES.

PAGE

236

229

131

118

209 265

193 249

116

96

SHERIFF: Annual Report – 2004 Courts, Unified Court System, Security Agreement: Amendment, Contract Period 2003-04 136 Renewal, Contract Period 04/04-03/09 283 Deputy Sheriff Association: Conditional Monetary Gift Accepted and Approp. to Jail Account for Safety Equipment 100 E-911: Voice Recording System, Determination of Public Emergency and Waiving Competitive Bidding to Allow Purchase for Replacement of Defective Equipment 83 Wireless Expedited Grant Program Funds Accepted For Purchase of Voice Recording System 88 Wireless Enhanced 911 Expedited Deployment Grant, Authorizing Sheriff to Apply for Funding with NYS Dept. of State 68,273 Wireless Surcharge, Request Equitable & Dedicated Share from NYS be Returned to Counties to Offset Costs for Maintenance of Public Safety Answering Points and Dispatch of Emergency Service Providers to Wireless 911 Calls 25 Homeland Security, Acceptance of State Grant-in-Aid, Purchase of Equipment for ALERT Team ($10,000) 71 Purchase of Equipment and Overtime in Office of Sheriff & Local Police Departments ($25,000) 102 Insurance: NYMIR Insurance Payment for Damages to Sheriff Office Vehicle, Car/Deer Accident, Accepted & Approp. (Risk Retention Acct.) 177 Jail: (See Also Public Safety Building) Conditional Monetary Gift Accepted from Deputy Sheriff’s Association for Safety Equipment 100 Marine Patrol, Cuba and Rushford Lakes: Bombardier Motor Corp., Sheriff Equipment Lease Agreement Approved, Personal Water Craft for Marine Patrol 124 Cuba Lake, State-Owned Property (Ranger Cabin), Lease Agreement w/ NYS Office of General Services, Approved 114 Oneida County Psychiatric Ctr., Provide Srvcs. for Allegany Co. Prisoners, Renewal Agreement 282

337 120 267 83

70 74 53,254

19 56 83

161 83

113 92 267

455 INDEX RES. Personnel: Correction Officer, Creating Two Temporary Positions (Public Safety Bldg. Transition) 159 Fire Dispatcher Title Changed to Emergency Services Dispatcher, and Head Fire Dispatcher Changed to Head Emergency Services Dispatcher in AFSCME Salary Plan 234 Southern Tier Task Force Drug Enforcement Program: Chautauqua County, Agreement Approved 24 Municipal Cooperative Contract Approved (Pool) 23 Traffic Safety Program: (See Also Traffic... Section) Grant Amendments w/ Governor’s Traffic Safety Committee Approved (Sharing Roads Safety 2 and Allegany Buckles Up Children) 280 Welcoming Return of Train Service to Southern Allegany County, Recognizing Need for Safety Education, Endorsing Whistle Stop Program 109 Transfer of Funds: Fire E-911: From E-911 Reserve Acct. 254 From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115 Traffic Safety Program: Within 181 Contingent (Fund Program through 2004) 191 Vehicle Purchase: Contingent (Purchase Three Vehicles) (DEFEATED) Contingent and Insurance Recovery Acct. (Purchase Two Vehicles) 152 Within Accounts (Training, Communication Equipment, and Balance Accounts) 182,205 227,241 SOCIAL SERVICES: Annual Report – 2004 Burials and Cremations, Estab. Maximum Rates and Allowances to be Paid by Social Srvcs. 61 Consolidated Services Plan, May 2004 through December 2006, Filed Medicaid: Legal Proceedings Against Pharmaceut. Companies, Manufacturers, etc. to Recover Overpayments Resulting from Scheme to Inflate Price of Medicaid Prescription Drugs, Authorizing County Attorney to Institute 264 Medicaid Reform (See Medicaid Reform Section) Non-Emergency Medical Transportation Agreement (Medical Transportation Management, Inc.) 66,256 Non-Secure Detention Services, Contract Approved (New Directions Youth & Family Srvc., Inc.) 183 Personnel: Commissioner of Social Services: Margaret Cherre, Letter of Resignation Accepted Certification to State Commissioners of Children & Family Srvcs., Temp. & Disability Asst., and Health, RE: Filling of Vacancy in Office of Commissioner of Social Srvcs. with Employee in County Department 105 Appointment of Acting Commissioner: Patricia Schmelzer 106 Appointment of Commissioner: Patricia Schmelzer 260

PAGE

143

228 18 18

266 90 242

92 163 170 112 134 163,190 220,231 338 47 61

249 52,243 163 85

87 88 245

456 LEGISLATORS’ PROCEEDINGS RES. Community Services Aide Position Abolished (Accounting Unit Relocated to Former Development Office, CAP Staff Moved to Main Building, Consolidating Support Staff Functions, etc.) 141 Employee Recognition: 30 Years (Hurd)(Schmelzer) 01/05 Employee of Month (Kayes) Social Welfare Examiner, One Position Abolished; Principal Welfare Examiner, One Position Abol.; Data Entry Operator, One Position Abolished 166 Social Welfare Examiner, One Position Abolished 252 Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115,190 USDA Food Stamp Program Presentation SOIL & WATER CONSERVATION DISTRICT: Annual Report – 2004 Board Members Appointed County-wide Pre-Disaster Mitigation Plan, Agreement Between County and Soil & Water Cons. Distr. for Development of Plan Approved Personnel: Employee Recognition, 27 years (Pederson) Reforested Lands, Parks, Recreational Areas, Agreement Approved SOLID WASTE:

PAGE

124 194 247 146 242

92,170 125

51

339 38

137

121 54

58

42

(See Public Works)

SOUTHERN TIER EXTENSION RAILROAD AUTHORITY:

(See Railroad Auth.)

SOUTHERN TIER WEST REG. PLANNING & DEV. BOARD: Board Members Appointed Confirmed by Board

130

STOP DWI (SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED): Annual Report – 2004 Personnel: Coordinator Appointed (Aumick) Probation Personnel Srvcs. Account, Acceptance of Funds from STOP DWI Program for Supervision of DWI Probation Cases 110 STOP DWI, 2005 Plan Approved 281

95 118

340 2 90 266

"T" TABLES, STATISTICAL: Dog Licensing Fund Monies, Apportionment (2004) Equalization & Apportionment Table (2005) Legislators’ Compensation Table (2004) Mortgage Tax Apportionment (2004) Special District Valuations (2005) Town and County Tax Rates, as Spread (2005) Town and County Tax Rates, Special Districts (2005) Town Budgets, Summaries (2005) Town Officers, Salaries (2005) Workers’ Compensation (Mutual Self-Insurance Plan) Budget, Apportionment (2005)

319 354 352 348,349 353 355 356 358 357 350

457 INDEX

TAX: (See Also Tables, Statistical) Assessment Rolls Approved Chargebacks to Towns, Tax Supplies Delinquent Tax Liens: Cancelled (Genesee) Certificates of Withdrawal Filed

RES.

PAGE

249 251

238 241

202

187 21,34,55,61 76,95,174 184,194,247

Fees: Reproduction of County Tax Maps, Order Filed to Increase Fees Legislation Requested: Urging Federal Intervention to Address Property Tax Crisis in New York State (Medicaid) 148 Levies: County Taxes 248 Returned School Taxes 221 Returned Village Taxes 220 Town Levy 250 Unpaid Sewer and Water Rents 222 Mortgage Tax: Mortgage Tax Apportionment 92,216 Apportionment Tables Retention of Necessary Expenses for Mortgage Tax Recording and Collection, Authorizing County Clerk to Request 214 (WITHDRAWN and REFERRED Back to Finance Comm.) Semi-Annual Appropriation of Funds Received from NYS as Reimbursement for Administration of Mortgage Tax Program, Authorized 215 Occupancy Tax (Hotel/Motel): Local Law Intro. No. 6-04 and 7-04 Repealing Local Law No. 3-2003 Imposing Tax on Occupancy of Hotel or Motel Rooms, Setting Date of Public Hearing (DEFEATED) Partial Tax Exemption of Real Property Owned by Persons with Limited Income, Sixty-Five Years of Age or Over, Adoption of Local Law No. 2-2004 Amending Local Law No. 4-1987 186 Adoption of Local Law No. 6-2004 Amending Local Law No. 4-1987, as Amended 247 Real Property Tax Office: Annual Report – 2004 Personnel: Account Clerk Typist, One Position Abolished 166 Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115,190 Refunds and Correction of Tax Bills/Rolls, Delegating Authority to County Administrator 77 Sales Tax: Additional One and One-Half Percent County Sales Tax: Approval of State Bill Authorizing Until 11/30/05; Declar. Exist. of Necessity, Requesting Passage by State Legislature 70 Opposition Voiced: Economic Development Advisory Board Wellsville Area Chamber of Commerce Director

21 131 238 218 217 239 218 78,215 348,349 213 168 214

175,184

167 236 336 146

92,169 62

55 61 148

458 LEGISLATORS’ PROCEEDINGS RES.

PAGE

Increasing Rate of County Sales and Use Tax to Four and One-Half Percent for Period 12/01/04 Through 11/30/05, Amending Resolution No. 118-67, as Amended 170 Split-Payment System for Real Property Tax Payment, Allegany County Grange Submitted a Resolution Requesting Legislators to Implement

150

TAX ROLLS, ERRORS & CORRECTIONS: Baldwin, Ronald & Ann (Wellsville) Brown, Ruth (Andover) Burdick, Jason (Almond) 176 Dempsey, Mildred H. (Bolivar) Fanch, TW (Hume) Fin Point Club (Genesee) 31 Harrier, Sr., Jerald (Genesee) 31 Lee, Gregory (Andover) 203 Lynch, Brian (Andover) 219 McGinnis, Michael T. (Granger) Middaugh, Ralph & Ruth (Amity) Miller, Robert W. (Genesee) 31 NYSARC, Inc., Allegany Co. Chapter (Scio) 176 Shaffer, Kenneth Noel (Genesee) 31 Stewart, Donald & Dora (Genesee) 31 VanAsperan, Thomas (Friendship) VanEtten, Miriam (Wellsville) 63 VanSchaick, Jr., Edwin J. (Wellsville) Wampole, Holly A. (Burns) Winterhalter, Anne Marie & Lynda Jones (Wellsville) Young, Ronald & Melissa (Burns) TAX SALE PROPERTY, SALE OR TRANSFER OF: 2004 Tax Sale Properties, Sale Approved West Almond Tax Sale Property, Authorizing Conveyance to NYS Environmental Conservation TELEPHONES:

44 86 122 160 130 122 25 25 174,189 194,217 148 21 25 161 25 25 122 50 21 86 4 86

119,175 218

100,158 215

80

64

(See Central Service Accounts)

TOURISM: Annual Report – 2004 Citizens Advisory Committee Members Appointed Crossroads Commerce and Conference Center, Lease with Industrial Development Agency for Space; Relocation of Offices of Development, Planning, and Tourism, Approved 84 (TABLED) Tourism Development Services, Agreement Approved, (Case, Jesse) 20 Tourism Month in Allegany County, May 2004, Proclaimed by Board Chairman Tourist Promotion Agency, Applic. for State Funds, Planning & Development Committee Authorized 86 Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115 Within Accounts 168 Travel Guide Presented Visitors’ Center Established at Crossroads Commerce & Conference Center

341 5,34

72 69 17 77 73

92 147 44 121

459 INDEX

TRAFFIC SAFETY BOARD: Annual Report – 2004 Traffic Safety Board Members Appointed

RES.

PAGE

19,271

342 16,253

TRAFFIC SAFETY PROGRAM: Annual Report – 2004 Grant Amendments w/ Governor’s Traffic Safety Committee Approved (Sharing Roads Safety 2 and Allegany Buckles Up Children) Transfer of Funds: Within Contingent (Fund Program through 2004) Whistle Stop Program: Welcoming Return of Train Service to Southern Allegany County, Recognizing Need for Safety Education TRANSFER OF FUNDS: Aging: Within (Software Required by State and Fed. Govts.) Appropriation Accounts, Year-End Balancing of Accounts (See Cert. Attached) Clerk, Legislative Board: Contingent (Legal Adv.) Community Services: Within Contingent: From Low Level Radioactive Waste Reserve Account (Extend Village of Belmont Water and Sewer Infrastructure) County Administrator: Contingent (Belvidere Area Potable Water and Waste Water Study) County Attorney: Contingent (Landfill Evaluation) County Treasurer: Contingent (Software Module for County Financial System) Development: Within District Attorney: Within (Copier) Employment and Training: Within Fire E-911 Equipment: From E-911 Reserve Acct. (Computer Monitors) Health: Within Intrafund Transfers Approved by County Administrator, Monthly Reports

343 280 181 191

266 163 170

109

90

239 253

231 242

278 204 179

257 189 162

276

256

132 113

119 91

277 168 180 197

257 147 162 177

254 226

242 220

Legislative Board: Within (Payroll) 228 Planning: Contingent (Planning Specialist Contr.) 196 Probation: Within (Paper Shredder) 133 Public Defender: Contingent (Secretary Salary) 107 Public Works: From DPW Accts. & Cont. (Landfill Expansion, Authorizing Study and Transfer of Funds) 160 Road Machinery Fund: From County Road Fund (Sander and Tire Balancer) 243,261 Solid Waste: From County Road Fund (Landfill Expansion) 243 Within Accounts 242 Sheriff Traffic Safety Program: Within 181 Contingent (Fund Program through 2004) 191 Vehicle Purchase: Contingent (Purchase Three Vehicles) (DEFEATED) Contingent and Insurance Recovery Acct. (Purchase Two Vehicles) 152 Within (Training, Communication Equipment, and Balance Accounts) 182,205 227,241

4,21,44 71,86,114 122,130,148 174,194,233 221 176 119 88 143 232,245 232 232 163 170 112 134 163,190 220,231

460 LEGISLATORS’ PROCEEDINGS RES.

PAGE

Tourism: Within 168 Traffic Safety Program Account: Within 181 Contingent (Fund Program through 2004) 191 Transfer of Funds from 2004 Departmental Budget Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115,190 Youth, Youth Court: Within (File Cabinet) 198

147 163 170

92,169 177

TRANSPORTATION: (See Bus Transportation or Public Health – Handicapped Children’s Program Transportation or Social Services – Non-Emergency Medical Transportation) "U" UNITED STATES DEPARTMENT OF TRANSPORTATION: “Radioactive” Labeling on Depleted Uranium Shipments, Requesting U.S. Dept. of Transp., to Protect Emergency Responders in Case of Accident During Transport

120

111

"V" VETERANS’ SERVICE AGENCY: Annual Report – 2004 Personnel: Director Appointed (Spillane) Confirmed by Board 12/04 Employee of Month (Merrick) Purple Heart and WWI Victory Medal Awarded Posthumously to World War I Veteran Howard Fay, Presented to Daughter Phyllis Fay Young State Grant-in-Aid Accepted, Appropriated, and Grant Contract Approved (Assist w/ Training) Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End)

344 11

3 12 224 194

134

119

115

92

"W" WATER DISTRICT:

(See County Water District)

WEIGHTS & MEASURES: Annual Report – 2004 Petroleum Product Quality Program, Director Expenses Reimbursed, Agreement w/ NYS Dept. of Ag. & Markets Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) WELLSVILLE: City Status Designation for Village of Wellsville: Opposition or Support Expressed: Clarksville, Town Resolution in Opposition Friendship, Town Resolution in Opposition

345 184

164

115

92

86 71

461 INDEX RES. Friendship, Town Supervisor Shelley’s Correspondence Regarding Wellsville Mayor Thompson’s Comments in Media Grove, Town Resolution in Support Richburg, Village Resolution in Opposition Wellsville, Village Mayor Thompson’s Statement Presented by Deputy Mayor Jesse Case Requesting Board Support of City Status Application Resolution in Support of Designation of Village of Wellsville as a City 187 WIRELESS COMMUNICATIONS SERVICE: Request Equitable & Dedicated Share of NYS Wireless Surcharge be Returned to Counties to Offset Costs for Maintenance of Public Safety Answering Points and Dispatch of Emergency Providers to Wireless 911 Calls 25 Wireless Enhanced 911 Expedited Deployment Grant, Authorizing Sheriff to Apply for Funding with NYS Dept. of State 68,273

PAGE

125 114 122 167 169

19 53,254

WORK RULES, POLICIES, & FRINGE BENEFITS: (See Also Salary Sections) Cellular Phone Policy, Approval & Adoption of 34 27 Computer, E-Mail, Internet Use Policy, Approval & Adoption of Revised (Repeal of Res. No. 147-03) 35 27 Employee Assistance Program, Agreement Approved (Employee Services, Inc.) 155 135 Evaluation System Implemented for Non-Unit Employees and Department Heads 266 251 Labor Relations and Negotiations: NYS Nurses Assn. Four-Year Agreement Approved 85 72 Longevity Increments, County Officers & Non-Unit Employees, Local Law No. 1-04 (Amends Local Law No. 1-94) (See Also Local Laws) 47 35 Mileage Allowance Established 267 251 WORKERS’ COMP. & MUTUAL SELF-INSURANCE PLAN: Annual Report – 2004 Budget and Apportionment, 2005, Filed Executive Secretary Appointed (Dillon) Levying Towns’ 2005 Share, Mutual Self-Insurance Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End)

235

346 130,350 12 228,351

115

92

WORKFORCE INVESTMENT BOARD (WIB), CATTARAUGUS-ALLEGANY: Board Members Appointed Interlocal Agreement w/ Cattaraugus County Pursuant to Workforce Investment Act of 1998 One Stop Operator’s Agreement, Approved (Employment & Training, NYS Dept. of Labor Div. of Employment Srvcs., and CattaraugusAllegany Workforce Investment Board) WIB Funding, Contract Between Allegany County, Cattaraugus County, and Cattaraugus/Allegany Workforce Investment Board

21,34 122,248

257

243

258

244

135

120

462 LEGISLATORS’ PROCEEDINGS RES.

PAGE

"Y" YOUTH PROGRAMS & SERVICES: Annual Report – 2004 Comprehensive Plan for Youth Services, 05/01/04 to 12/31/06, Approved 192 Special Delinquency Prevention Prog. Subcontracts; Youth Initiative & Service Program; Program Agreements Approved 73 Transfer of Funds: From 2004 Appropriation Accounts to Board of Legislators Equipment Account (to Protect Funds, Which will Fall to General Fund if Unspent at Year’s End) 115 Youth Court: Within (File Cabinet) 198 Youth Board Members Appointed Confirmed by Board 150,188 Youth Court: Gifts and Donations Accepted from Various Organizations and Appropriated, Represents Local Share Match, State & Fed. Grants 79,123 153,206 Rural Justice Inst. at Alfred University, Grant Funds Accepted and Appropriated 112 State Grant-in-Aid, NYS DCJS: Reappropriation of BYRNE Grant Funds, Fiscal Year July 2003 - June 2004 55

347 170 58

92 177 95,167 133,169

64,113 134,190 91 41

463 INDEX RESOLUTIONS 2004 Res. No.

Page No. January 5, 2004

1-04 2-04

Appointment of Legislator James G. Palmer to Chairmanship of Board of Legislators; Authority to Determine Number of Board Members on Committees..........1 Appointment of Vice Chairman (Bennett).....................1 January 12, 2004

3–04

4–04 5–04

6–04 7–04 8–04 9–04

10–04

Resolution Creating Two Additional Standing Committees to be Known as the Finance Committee and the Facilities Planning and Management Committee; Amendment of County Board Rules..........................5 Establishing a Capital Project for Flood Repair Work in Allegany County and Providing Funds Therefor (CR 48, Angelica)............................................8 Acceptance of Money from Cheryl and Mark Maxwell, Almond Union of Churches and the Wellsville Lioness Club and Appropriation of Same to OFA – S.N.A.P. Contractual Expenses Account.............................8 Increasing Appropriations and Revenues in Office for Aging Accounts (Federal Grant, Weatherization............9 Establishing a Capital Project for Rip Rap Placement on County Roads in Allegany County and Providing Funds Therefor (CR 19 and 24)............................9 Approval of Agreement Between County of Allegany and Jesse Case for Consultant Services (To Assist in Economic Development)....................................9 Approving Agreement Between County of Allegany, Acting By and Through its Office for the Aging, and Prestige Services, Inc. for Home-Delivered Meal Program and Authorizing Execution of Agreement..........10 Approval of New York State Home Program State Recipient Agreement Between the New York State Housing Trust Fund Corporation and County of Allegany; Authorizing Chairman to Execute Agreement; Allegany County Community Opportunities and Rural Development Corporation to Administer Agreement...............................................10 January 26, 2004

11–04 12–04 13–04 14–04 15–04 16–04 17–04

Approval of Board Chairman’s Reappointment of Harvey Scott Spillane as Director of County Veterans’ Service Agency..........................................12 Designating Steuben Trust Company as Depository for County Clerk Funds; Authorizing County Clerk and Deputy County Clerks to Access Such Funds...............12 Establishing Fee for Accepting Contaminated Soil at County Landfill.........................................13 A Resolution in Relation to the Construction of Town Bridge Local Culvert No. Cuba-01 in Town of Cuba........13 A Resolution in Relation to the Construction of Town Bridge Local Culvert No. Scio-01 in Town of Scio........14 Approval of Board Chairman’s Appointment of Representatives to Allegany County Development Advisory Board...................................................14 Appointment of Members to the Allegany County Planning Board..........................................15

464 LEGISLATORS’ PROCEEDINGS Res. No. 18–04 19–04 20–04 21–04 22–04 23–04

24–04

25–04 26–04

Page No. Appointment of Members to Allegany County Fire Advisory Board..........................................16 Appointment of Two New Members and Reappointment of Three Incumbent Members to County Traffic Safety Board...................................................16 Approval of Agreement with Jesse Case to Provide Tourism Development Services to Allegany County.........17 Approval of Agreement Between County of Allegany and David B. Fleming for Consultant Services (To Assist in Economic Development)................................17 Approval of Agreement with Robert G. Hutter, Esq. to Provide Administrator Services under Assigned Counsel Plan............................................17 Approval of Agreement Between County of Chautauqua, County of Allegany, County of Cattaraugus, City of Olean and County of Wyoming for Southern Tier Drug Enforcement Program; Authorizing Chairman to Execute Contract; Sheriff to Administer Contract........18 Approval of Southern Tier Task Force Drug Enforcement Program Agreement with Chautauqua County; Authorizing Chairman to Execute Agreement; Sheriff to Administer Agreement.................................18 Resolution in Support of Requesting an Equitable and Dedicated Share of the New York State Wireless Surcharge...............................................19 Acceptance of the Insurance Proposal of NYMIR Submitted by Richardson & Stout Insurance Company; Continued Authority of Board Clerk and Personnel Committee to Secure Other Insurance.....................20 February 9, 2004

27–04

28–04 29–04

30–04 31–04

32–04 33–04 34–04 35–04

Resolution Setting Date of Public Hearing on a Local Law Amending Local Law No. 1 of 1994 to Establish Longevity Increments for Certain County Officers and Non-Unit County Employees...........................22 Resolution Amending County Board Rules (General Operation of County Telephone System by Information Technology Dept.).......................................23 Acceptance of the Insurance Proposal of Merchants Mutual Insurance Company Submitted by Floss Agency for Excess Liability Umbrella Coverage; Continued Authority of Board Clerk and Personnel Committee to Secure Other Insurance..................................23 Sale of Land to Village of Belmont (19 Fairview Ave.).....23 A Resolution Determining That Errors Exist on the 2004 County and Town Tax Rolls for the Towns Named with Regard to Real Property of Various Taxpayers Therein; Directing Mailing of Notices of Approval of Applications for Corrected Tax Rolls and Ordering the Various Town Tax Collectors to Correct the Tax Rolls; Providing for Charge Backs or Credits.................................................24 Approval of Board Chairman’s Reappointments to Citizens Advisory Council to the Office for the Aging ..................................................26 Reappointment of Four Members to Allegany County Community Services Board ...............................27 Approval and Adoption of Allegany County Cellular Phone Policy............................................27 Approval and Adoption of Revised Allegany County Computer Use Policy, Email Use Policy and Internet Use Policy; Repealing Resolution No. 147-2003...........27

465 INDEX Res. No. 36–04 37–04

38–04

39–04

40–04 41–04

42–04

43–04

44–04

45–04 46–04

Page No. Reappropriation of 2003 Funds from the Agriculture Farm Protection Agency Grant to Planning Contractual Expenses Account............................28 Approval of Agreement with 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..................................................28 Approving Intergovernmental Agreement Between Eight Counties of Western New York Public Health Alliance for Public Health Preparedness Response to Bioterrorism and Ratifying Execution of Agreement..........28 Approval of Agreement Between County of Allegany and James McGuinness & Associates, Inc. for the Use of Computer Software (Health Dept., Preschool Special Education Program)......................................29 Approval of Agreement with Volunteer Firemen’s Association of Allegany County, Inc., for Payment of 2004 Budgetary Appropriation.........................29 Approval of Agreement Between County of Allegany and Beth E. Farwell for Services to Indigent Defendants (Additional Services Until Replacement Assistant is Hired)..................................................30 Approval of Community Projects Appropriation Contract (#M030058) Between the State of New York and Allegany County; Establishing Capital Project and Authorizing Chairman to Sign Such Contract (Mobile Radios for Fire Department Vehicles)....................30 Approval of Community Projects Appropriation Contract (#M030057) Between the State of New York and Allegany County; Establishing Capital Project and Authorizing Chairman to Sign Such Contract (Concrete Bridge Deck Testing and Repair)...............31 Approval of Memorandum of Agreement with Cornell Cooperative Extension Association of Allegany County and Authorizing County Treasurer to Make Appropriation Payments, in Relation to the 2004 Budgetary Appropriation for the Work of Such Association.............................................31 Approval of Agreement with Allegany County Agricultural Society for Payment of 2004 Budgetary Appropriation ..........................................32 Requesting President and United States Congress to Remove Milk and Dairy Products from U.S.-Australia Free-Trade Agreement....................................32 February 23, 2004

47–04

48–04 49–04

Adoption of Local Law Intro. No. 1-2004, Print No. 1, in Relation to a Local Law Amending Local Law No. 1 of 1994 to Establish Longevity Increments for Certain County Officers and Non-Unit County Employees...............................................35 Requesting Governor to Remove Empire Zone Amendments from Proposed Budget; Requesting State Legislature to Defeat Such Proposed Amendments......................36 Resolution Amending Superintendent of Public Works’ Rules and Regulations for the Maintenance and Operation of Allegany County’s Solid Waste Management and Resource Recovery (Re: Construction and Demolition Debris)......................................36

466 LEGISLATORS’ PROCEEDINGS Res. No. 50–04

51–04

52–04

53–04 54–04 55–04 56–04 57–04 58–04 59–04

Page No. Approval of Board Chairman’s Appointment of Legislative Representative Members and the Reappointment of Sportsmen’s Representative Members to Region Nine Fish and Wildlife Management Board.................37 Reappointment of One Legislator Member and Appointment of New Legislator Member to the Allegany County Soil and Water Conservation District Board; Reappointment of County Farm Bureau Appointee to the Allegany County Soil and Water Conservation District Board..........................................38 Authorizing Sale and Conveyance of County’s Interest in Real Property in Town of Friendship to Friendship Dairies, Inc.; Authorizing Chairman to Execute Deed............................................38 Authorizing Sale and Conveyance of County’s Interest in Real Property in Town of Almond to Gary George; Authorizing Chairman to Execute Deed....................39 Increase in Appropriation and Revenue Accounts Established for the CHIPS Program (Funds Remaining from 2003)..............................................41 Reappropriation of Non-budgeted State Grant-in-Aid Funds from New York State Division of Criminal Justice Services for Youth Court Program................41 Approval of Air Medical Services Contract with Mercy Flight, Inc. for 2004...................................41 Approval of Claims Service Contract Between Alternative Service Concepts, LLC and Allegany County..................................................42 Approval of Allegany County Soil and Water Conservation District Agreement in Relation to County Reforested Lands, County Parks and Recreation Areas.....42 A Resolution in Opposition to Governor George Pataki’s Executive Budget Proposal Targeting Gun Owners..................................................43 March 8, 2004

60–04

61–04

62–04 63–04

64–04

Bond Resolution Dated March 8, 2004: A Resolution Authorizing the Reconstruction of County Bridges In and For the County of Allegany, New York, at a Maximum Estimated Cost of $775,000, and Authorizing the Issuance of $775,000 Bonds of Said County to Pay the Cost Therefor....................45 Establishment of Maximum Rates and Allowances to be Paid by Department of Social Services for Burials and Cremations of Persons Who Die On or After March 9, 2004.................................................47 Appointment of One Member to County Board of Health.......49 A Resolution Determining that Errors Exist on the 2003 County and Town Tax Rolls for the Towns Named with Regard to Real Property of Various Taxpayers Therein; Directing Mailing of Notices of Approval of Applications for Corrected Tax Rolls and Ordering the Various Town Tax Collectors to Correct the Tax Rolls; Providing for Charge Backs or Credits ................................................49 Authorizing the Implementation, and Funding in the First Instance 100% of the Federal-Aid “Marchiselli” Program Eligible Costs, of Transportation Federal-Aid Project, and Appropriating Funds Therefor (CR 16 Bridges over Angelica and Baker Creeks, Angelica)....................50

467 INDEX Res. No. 65–04 66–04

67–04

68–04

69–04

Page No. Acceptance of Additional Money Under the Bioterrorism Grant for Smallpox Related Activities; Increasing Appropriations and Revenue Accounts.....................51 Approval of Agreement with Medical Transportation Management, Inc. (MTM), in Relation to Providing Non-Emergency Medical Transportation Services in Allegany County; Authorizing Chairman to Execute Agreement...............................................52 Approval of Agreement with First Transit in Relation to Providing Public Transportation Services in Allegany County; Authorizing Chairman to Execute Agreement...............................................52 Authorizing Allegany County Sheriff to Apply for Funding with New York State Department of State for Wireless Enhanced 911 Expedited Deployment Grant Program (Voice Logging Recorder and Net Clock)..........53 Adoption of Allegany County Board of Legislators Focus 2004 – A Strategic Planning Document as Framework for County Strategic Planning for Year 2004....................................................53 March 22, 2004

70–04

71–04

72–04 73–04

74–04

Approval of a State Legislative Bill which Authorizes Allegany County to Impose an Additional One and One-Half Percent of Sales and Compensating Use Taxes until November 30, 2005; Declaring Existence of Necessity and Requesting Passage of Bill by State Legislature.......................................55 Acceptance of Non-Budgeted State Grant-in-Aid from the State of New York for Homeland Security and Appropriation of Same to Sheriff’s Equipment Account (Equipment and Weapons for ALERT Team)..........56 Memorializing the Governor and State Legislature to Allow Counties Formal Input on Conversions of State Aid to Medicaid.........................................57 Approval of Special Delinquency Prevention Program Subcontract Agreements and Youth Initiative and Service Program and Program Agreements for Calendar Year 2004; Providing Program Funds......................58 Determining that the Disposal in Allegany County of Out-of-County Municipal Solid Waste by the City of Hornell is in the Public Interest of Allegany County; Approval of Agreement with City of Hornell in Relation to Disposal of Municipal Solid Waste at County Landfill; Authorizing Board Chairman to Execute Agreement.......................................59 April 12, 2004

75-04 76-04

Resolution Authorizing Study of Potable Water and Waste Water Service at Belvidere (Development at Intersection of Interstate 86 and NYS Route 19).........61 Authorizing County Administrator, Superintendent of Public Works and County Attorney to Review and Approve Rental or Lease of Real Property; Requiring Approval of Committee of Jurisdiction and Facilities Planning and Management Committee and Resolution of Board of Legislators; Repealing Resolution Number 74-01.................................62

468 LEGISLATORS’ PROCEEDINGS Res. No. 77–04

78–04

79–04 80–04

81–04

82–04

83–04

Page No. Delegating Authority for Certain Real Property Tax Refunds and Correction of Tax Bills and Tax Rolls (County Administrator Authority for Refunds or Corrections $2,500 or Less).............................62 Adjusting Appropriation and Revenue Accounts to Reflect Reimbursement from Health Department for Services of Licensed Professional Engineer (Review and Sealing of Septic Systems)..........................63 Acceptance and Appropriation of Funds from Various Organizations Representing the Local Share Match for the Byrne Grant (Youth Court).......................64 Authorizing Conveyance of Former Tax Sale Property in the Town of West Almond to the People of the State of New York; Authorizing Chairman to Execute Deed and Other Necessary Legal Documents to Effect Transfer................................................64 Adopting Plan for Representation of the Indigent and Persons Financially Unable to Afford Counsel in Criminal, Family and Surrogate’s Courts in Allegany County..................................................65 Approving Agreement with Legal Aid of Western New York, Inc. for Family Court Legal Representation of Indigent Persons; Authorizing Chairman to Execute Such Agreement and Adjusting Various Appropriation Accounts................................................69 Determination of Public Emergency and Waiving of Competitive Bidding to Allow Purchase of E-911 Voice Recording System..................................70 April 26, 2004

84-04

85–04

86–04

87–04 88–04

89–04 90-04

Approval of Lease with the Allegany County Industrial Development Agency (Development, Planning, and Tourism Space at Crossroads Commerce and Conference Center).................................................72 Approval of Four-Year Agreement Between County of Allegany and New York State Nurses Association; Implementing 2004 Compensation Notwithstanding Provisions of Resolution No. 252-2001...................72 Authorizing Planning and Development Committee of County Board of Legislators to Act as Tourist Promotion Agency and to Apply for State Funds for Tourism Promotion Purposes..............................73 Amendment of County Non-Unit Salary Plan to Change Salary of Crime Victims Coordinator.....................74 Acceptance of Grant Funds Through the New York State Wireless Expedited Grant Program to Purchase New Voice Logging Recorder and Time Synchronization System for Allegany County..............................74 Resolution Requesting State of New York to Waive Allegany County’s Share of Medicaid Payments for Next Three Fiscal Years to Help Finance New Jail........75 Authorizing Application to State Emergency Management Office for Hazard Mitigation Grant Program Funds for Replacement of Local Bridge No. 08-06 in Town of Belfast and Bridge No. 06-02 in Town of Andover......75

469 INDEX Res. No.

Page No. May 10, 2004

91–04

92-04 93-04

94-04

95-04

96-04

97-04

98-04 99-04 100-04

101-04 102-04

103-04

104-04

Resolution in Relation to the Insurance Settlement to St. Paul Fire and Marine Insurance Company as Reimbursement for Settlement with the County of Erie for Damages to the Cleveland Drive Bridge by the Allegany County Department of Public Works Vehicle on May 29, 2002; Providing Settlement Funds.....77 Approval of Apportionment of Mortgage Tax to Tax Districts and Authorizing Warrant Therefor..............78 Authorizing Sale and Conveyance of County’s Interest in Real Property in Town of Amity to Richard J. Rawleigh and Robert H. Salevsky; Acceptance of Offer and Authorizing Chairman to Execute Quit Claim Deed (NYS Route 19)...............................78 Authorizing Purchase of Approximately .64 Acres of Land in the Town of Almond from Gary George; Repealing Resolution No. 53-2004 (Bridge Realignment, CR 2A, Almond).............................80 Establishing Flood Repair Capital Projects and Providing Funds Therefor (Culvert #8-41 in Wirt and Sanatorium Lot in Amity, FEMA Funding Due to Summer 2003 Flooding)..........................................81 Establishing an Allegany County Bicentennial Account; Acceptance of Funds from ACCORD Corporation and Miscellaneous Donations; Appropriation of Such Funds...................................................81 Acceptance of Non-Budgeted Federal Grant-in-Aid Under the Bioterrorism Disaster Preparedness Program; Appropriation of Funds to Public Health Accounts (Training Equipment)....................................82 Acceptance and Appropriation of Title V Grant Funds to OFA – Senior Employment Program Account..............82 Acceptance and Appropriation of Grant Funds to Office for the Aging Programs; OFA – Nutrition and Supportive Services.....................................82 Acceptance of Conditional Monetary Gift from the Allegany County Deputy Sheriff’s Association Local 3989, Council 82 and Appropriation of Same to Law Enforcement Jail Account (Specialized Equipment to Enhance Safety).........................................83 Acceptance and Appropriation of Funds for the Balance of the Juvenile Accountability Incentive Block Grant to Probation Equipment Account....................83 Approving Agreement and Acceptance of a Homeland Security Grant from the New York State Division of Criminal Justice Services to be Used for the Purchase of Equipment and for Overtime in the Office of the Sheriff and Various Local Police Departments.............................................83 Approval of Lease Between Dennis A. Dlugolecki and Pamela Dlugolecki d/b/a DP Ventures and County of Allegany for Premises at 54 Schuyler Street, Belmont, New York (Health Dept. Children Services)......84 Determining that the Disposal in Allegany County of Non-Hazardous Municipal Solid Waste Generated by Earthwatch Waste Systems, Inc., from Outside of Allegany County is in the Public Interest of Allegany County; Approval of Agreement with Earthwatch Waste Systems, Inc. in Relation to Disposal of Solid Waste at County Landfill; Authorizing Board Chairman to Execute Agreement.........84

470 LEGISLATORS’ PROCEEDINGS Res. No.

Page No. May 24, 2004

105-04

106-04 107-04

108-04

109-04

110-04 111-04

112-04 113-04

114-04

115-04

Certification to State Commissioner of Children and Family Services, State Commissioner of Temporary and Disability Assistance, and State Commissioner of Health, of Existence of Conditions and Acceptance of Conditions Set Forth in Social Services Law in Relation to Filling of Vacancy in Office of County Commissioner of Social Services with Employee in County Social Services Department......87 Appointment of Acting County Commissioner of Social Services (Patricia Schmelzer)...........................88 Fixing Salary of Public Defender; Transferring Funds for Salary of Secretary to Public Defender; Abolishing One Position of Assistant Public Defender (Public Defender Position Increased to Full-Time)..............................................88 Resolution of Support for the Elimination of the Sunset Provisions of the Local Government Records Management Improvement Fund (LGRMIF) and the Cultural Education Fund (CEF)...........................89 A Resolution Welcoming the Return of Train Service to the Southern Part of Allegany County and Recognizing the Need to Educate Citizens Concerning Safety Around Train Crossings; Endorsement of the Whistle Stop Program (Traffic Safety Program)...........90 Acceptance of Funds from the Allegany County STOP DWI Program and Appropriation of Same to Probation Personnel Services Account..............................90 Acceptance of a Homeland Security Grant from the New York State Division of Criminal Justice Services to be Used for the Purchase of Equipment and Information Technology and Hazmat Response Enhancements; Approval of Grant Agreement; Authorizing Chairman to Execute Agreement; Appropriation of Grant Funds............................91 Acceptance and Appropriation of Grant Funds from the Rural Justice Institute at Alfred University for the Allegany County Youth Court.........................91 Transfer of Funds from Contingent Account to County Attorney Contractual Expenses Account (Colucci and Gallaher, Professional Services Regarding Landfill Evaluation).............................................91 Approval of Lease Agreement Between the People of the State of New York, Acting Through the Commissioner of General Services and the Office of the Allegany County Sheriff for Use of State-Owned Property on Cuba Lake; Authorizing Chairman to Sign Such Agreement...............................................92 Transfer of Funds from 2004 Departmental Budget Appropriation Accounts to Board of Legislators Equipment Account; Accounts to be Designated by Budget Officer (Funds Will Fall to General Fund Balance if Unused at Year’s End)........................92 June 14, 2004

116-04

A Resolution of the County of Allegany, New York as to SEQRA Determination (Construction of New Jail, Public Safety Building, Amity)..........................96

471 INDEX Res. No. 117-04

118-04 119-04 120-04

121-04 122-04

123-04 124-04

Page No. Bond Resolution Dated June 14, 2004: A Resolution Authorizing the Construction of a New Public Safety and Training Facility in and for the County of Allegany, New York, at a Maximum Estimated Cost of $23,731,000, and Authorizing the Issuance of $23,731,000 Bonds of Said County to Pay the Cost Thereof........................................97 Establishment of Public Safety and Training Facility Debt Reserve Fund.......................................99 Approval of Sale of 2004 Tax Sale Properties.............100 Requesting United States Department of Transportation to Label Depleted Uranium Shipments as “Radioactive” to Protect Emergency Responders in Case of an Accident During Transport...................111 Acceptance and Appropriation of Donations from Various Individuals and Organizations for Use in Funding 2006 County Bicentennial Celebration...........112 Acceptance of Money from the Southwestern Regional EMS Council and Appropriation of Same to Emergency Services Contractual Expenses Account (Funding Training Programs).....................................113 Acceptance and Appropriation of Donations from Hornell Pizza Hut and Wellsville Pizza Hut for the Allegany County Youth Court............................113 Approval of Equipment Lease Agreement with Bombardier Motor Corp. of America; Authorizing Sheriff to Execute Lease (Personal Water Craft, Marine Patrol)....113 June 28, 2004

125-04

126-04 127-04 128-04 129-04 130-04 131-04 132-04

133-04 134-04

Urging Governor and State Legislature to Sponsor and Enact Legislation Amending the Freedom of Information Law and Election Law Relating to the Release of Personal Information from Voters Rolls and Refraining from Implementing Measures of Help America Vote Act of 2002 and the Creation by NYS Board of Elections of a Statewide Voter Database.......115 Urging New York State Legislature to Adopt Assembly Republican Medicaid Restructuring Plan.................116 Reappointment of Jerry Garmong as Director of Employment and Training................................117 Reappointment of One Member to County Board of Health....117 Approval of Board Chairman’s Reappointment of One Member to the Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Railroad Authority.....117 Approval of Board Chairman’s Reappointment of Three Members to Southern Tier West Regional Planning and Development Board......................................118 Granting Salary Increments Effective July 1, 2004, to Unit and Non-Unit Employees............................118 Transfer of Funds from Contingent Account to County Administrator Contractual Expenses Account (Finance Study of Potable Water and Waste Water Service at Belvidere).............................................119 Transfer of Funds Within Probation Account (Paper Shredder)..............................................119 Acceptance by the County of Allegany of a State Grant-in-Aid from the New York State Division of Veterans’ Affairs; Approval of Grant Contract and Appropriation of Same to Veterans’ Service Account (Assist with Training to Maintain Accreditation).......119

472 LEGISLATORS’ PROCEEDINGS Res. No. 135-04

136-04

137-04

Page No. Authorizing the Chairman to Execute Contract Between County of Allegany, County of Cattaraugus and Cattaraugus-Allegany Workforce Investment Board for WIB Funding............................................120 Approval of Amendment of Court Security Agreement (C200225) Between the New York State Unified Court System and the Allegany County Sheriff’s Department; Appropriation of the Allocated Increase....120 Approval of Agreement Between County of Allegany and the Allegany County Soil and Water Conservation District (County-wide Pre-Disaster Mitigation Plan)....121 July 12, 2004

138-04

139-04 140-04

141-04 142-04

Designating County Administrator as Appropriate Public Officer; Directing County Administrator to Cause Maps and Plans to be Prepared for the Establishment of a County Water District in the Village of Belmont and Town of Amity and Upon Completion of the Preparation of Such Maps and Plans to Transmit Same to this Board Together with a Report of Proceedings and Recommendations (Municipal Water for New Public Safety Building).......122 Authorizing County Administrator to Approve Change Orders to Contract for Construction of New County Jail and Public Safety Complex.........................123 Resolution in Support of ACCORD Corporation Application to United States Department of Housing and Urban Development for Continuum of Care Homeless Assistance Program Grant......................123 Abolishing One Position of Community Services Aide in Social Services Department (Consolidation of Staff Resulting from Relocation of CAP and Accounting).......124 Acceptance of Grant-in-Aid from New York State Department of Health for Family Planning and Appropriation of Same to Family Planning Clinic Accounts...............................................124 July 26, 2004

143-04

144-04

145-04

146-04

Authorizing the Implementation, and Funding in the First Instance of the State Multi-Modal Program Aid-Eligible Costs of a Capital Project for Replacement of a Culvert on County Road 24, and Appropriating Funds Therefor (Town of Grove)...........126 Authorizing the Implementation, and Funding in the First Instance of the State Multi-Modal Program Aid-Eligible Costs of a Capital Project for Replacement of a Bridge on County Road 7B, and Appropriating Funds Therefor (Town of Rushford)........127 Authorizing the Implementation, and Funding in the First Instance of the State Multi-Modal Program Aid-Eligible Costs of a Capital Project for Repaving that Part of the Rawson Road Within the County of Allegany, and Appropriating Funds Therefor (Town of New Hudson)..........................128 Designating the Cuba Patriot & Free Press as Substitute Official Newspaper for the Week of July 25, 2004 and the Week of August 1, 2004................129

473 INDEX Res. No. 147-04

Page No. Approval of Transportation of Preschool Children with Handicapping Conditions Agreements with Fifteen Central School Districts and Livingston-Wyoming Arc....129 August 9, 2004

148-04 149-04 150-04 151-04

152-04 153-04 154-04 155-04

156-04

Resolution Urging Federal Intervention to Address the Property Tax Crisis in New York State (Medicaid Reform)................................................131 Urging the State Department of Environmental Conservation to Continue to Participate in Local Forest Practice Board Meetings.........................132 Confirmation of Board Chairman’s Reappointments to County Youth Board.....................................133 Creating One Position of Motor Equipment Operator/Welder and Abolishing One Position of Motor Equipment Operator in the Department of Public Works Due to Human Resources and Civil Service Department Reclassification....................133 Transfer of Funds from Contingent Account and Insurance Recovery Account to Law Enforcement Equipment Account (Purchase Two Vehicles)..............134 Acceptance and Appropriation of Donations for the Allegany County Youth Court............................134 Acceptance of Donation from the United Way and Appropriation of Same to Public Safety EMT Student Fees...................................................135 Approval of Agreement Between the County of Allegany and Employee Services, Inc. to Provide Employee Assistance Program Services for All County Employees and Family Members...........................135 Approval of Standard FBI Antenna Site License Agreement Renewal for Communications System Site Between County of Allegany and U.S. Department of Justice Federal Bureau of Investigation................136 August 23, 2004

157-04

158-04 159-04 160-04 161-04

162-04 163-04

Resolution Abolishing Two Standing Committees Known as the Technology Committee and the Resource Management Committee; Amendment of County Board Rules..................................................137 Resolution Supporting the New York State Advisory Panel on Transportation Policy for 2025 as it Prepares the Statewide Transportation Master Plan......141 Creating Two Temporary Positions of Correction Officer in the Sheriff’s Department (Transition Team for New Public Safety Building)...................143 Authorizing Study of Landfill Expansion and Transfer of Funds (TVGA Engineers)..............................143 Acceptance of Grant-in-Aid from New York State Department of Health for Family Planning and Appropriation of Same to Family Planning Clinic Accounts...............................................144 Acceptance of Monetary Gift from Camp Get-A-Way and Appropriation of Same to Mental Health Administration Account.................................144 Approving Agreement Between County of Allegany and Bakers of Jericho Hill, Inc. for Site Preparation for New Jail and Public Safety Complex.................144

474 LEGISLATORS’ PROCEEDINGS Res. No. 164-04

165-04 166-04 167-04 168-04

Page No. Approving Agreement Between County of Allegany, Acting By and Through Its Office for the Aging, and Prestige Services, Inc. for Home-Delivered Meal Program for Calendar Years 2005 and 2006 and Authorizing Execution of Agreement.....................145 Approval of Agreement Between County of Allegany and Allan Rotto Consultants, Inc. (Review County Telephone System for Cost Savings).....................145 Abolishing Positions in Department of Social Services, Department of Public Works and Real Property Tax Service Agency............................146 Directing Superintendent of Public Works to Reduce Number of Highway Districts............................147 Transfer of Funds Within Office of Development and Tourism Accounts.......................................147 September 13, 2004

169-04

Resolution Setting Date of Public Hearing on a Local Law Amending Local Law No. 4 of 1987 to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over........................149 170-04 Amending Resolution No. 118-67, as Amended, to Increase the Rate of Allegany County Sales and Use Tax to Four and One-Half Percent for the Period Beginning December 1, 2004 and Ending November 30, 2005...................................................150 171-04 A Resolution Approving the Issuance of Certain Bonds by Allegany County Industrial Development Agency to Finance a Certain Civic Facility Project for Cuba Memorial Hospital, Inc.................................153 172-04 Amending County Board Rule 250 (Additional Amendment Regarding Abolished Technology and Resource Management Committees).................................155 173-04 Reappointment of David S. Roeske as County Superintendent of Public Works.........................155 174-04 Authorizing Sale and Conveyance of County’s Interest in Real Property in Town of Burns to Western New York District of the Wesleyan Church, Inc.; Authorizing Chairman to Execute Deed...................156 175-04 Approval of Sale of 2004 Tax Sale Properties.............158 176-04 A Resolution Determining that Errors Exist on the 2004 County and Town Tax Rolls for the Towns Named with Regard to Real Property of Various Taxpayers Therein; Directing Mailing of Notices of Approval of Applications for Corrected Tax Rolls and Ordering the Various Town Tax Collectors to Correct the Tax Rolls; Providing for Charge Backs or Credits................................................160 177-04 Acceptance of Insurance Payment and Appropriation of Same to Risk Retention Accounts (Damages to Sheriff Vehicle, MV/Deer Accident).............................161 178 – 04 Acceptance of Non-Budgeted State Grant-in-Aid from the State of New York for Integrated Cancer Services Program; Appropriation of Funds...............162 179-04 Transfer of Funds Within Community Service Accounts......162 180-04 Transfer of Funds Within District Attorney Account (Copier)...............................................162

475 INDEX Res. No. 181-04 182-04 183-04 184-04

185-04

Page No. Transfer of Funds Within Law Enforcement Traffic Safety Program Account.................................163 Transfer of Funds Within Law Enforcement Sheriff Account (Required Training and Certification of Emergency Services Dispatchers)........................163 Approval of Contract Between County of Allegany and New Directions Youth & Family Services, Inc. for Non-Secure Detention Services..........................163 Approval of Agreement with the New York State Department of Agriculture and Markets Providing for Reimbursement of Expenses Incurred by Director of Weights and Measures in Petroleum Product Quality Program................................................164 Resolution Setting Date of Public Hearing on a Local Law to Provide an Orderly Program for the Collection, Transportation and Disposal of Solid Waste and Recyclables in Order to Promote the Safety, Health, Welfare and Convenience of the Citizens of Allegany County, and to Prohibit Random Refuse Disposal and Littering along Public Highways and Roads, and in Furtherance of the Legislative Findings Set Forth Below, and to Repeal Local Law No. 2 of the Year 2000, as Amended.....................164 September 27, 2004

186-04

187-04 188-04 189-04 190-04

191-04 192-04 193-04

Adoption of Local Law Intro. No. 3-2004, Print No. 1, in Relation to a Local Law Amending Local Law No. 4 of 1987 to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over...................................................167 Resolution in Support of Designation of Village of Wellsville as a City...................................169 Confirmation of Board Chairman’s Appointment to County Youth Board.....................................169 Appointment of One Member to County Board of Health......169 Transfer of Funds from Various Accounts to Legislative Board Equipment Account (Resulting from Positions Eliminated in Res. No. 166-04; Funds to Fall to General Fund Balance at Year’s End)............169 Transfer of Funds from Contingent Account to Traffic Safety Program Account (Fund Program through 2004).....170 Approval of Allegany County Comprehensive Plan for Youth Services.........................................170 Memorializing State Legislature to Cause Corridor Studies to be Done of the Extension Southerly of State Route 408 and the Extension Easterly of State Route 243 (Referred to Planning & Development Committee 08/09/04; referred back from Committee 09/20/04)..............................................171 October 12, 2004

194-04 195-04 196-04

Resolution Setting Date of Public Hearing on a Local Law to Provide Increases in the Compensation of Certain County Officers................................175 Increasing Appropriations and Revenues in Office for Aging Accounts (Federal Grant-in-Aid and Client Contribution)..........................................176 Transfer of Funds from Contingent Account to Planning Contractual Expenses Account (Planning Specialist Contract)..............................................176

476 LEGISLATORS’ PROCEEDINGS Res. No. 197-04 198-04 199-04 199A-04

199B-04 199C-04 199D-04 199E-04 199F-04 199G-04 199H-04

199I-04

199J-04 199K-04 199L-04 199M-04

Page No. Transfer of Funds Within Employment and Training Appropriations and Revenues Accounts...................177 Transfer of Funds Within Youth Programs: Youth Court Account (File Cabinet).................................177 Resolution Consolidating Resolutions Intro. Numbers 206-04 to 218-04 (Public Safety Building Construction Contracts)................................178 Approving Agreement Between County of Allegany and King Brothers Masonry Contractors, Inc. for Concrete, Masonry, and Precast for New Jail and Public Safety Complex..................................178 Approving Agreement Between County of Allegany and Raulli & Sons, Inc. for Structural Steel for New Jail and Public Safety Complex.........................178 Approving Agreement Between County of Allegany and Grove Roofing Services, Inc. for Roofing for New Jail and Public Safety Complex.........................179 Approving Agreement Between County of Allegany and Kirst Construction, Inc. for General Trades Work for New Jail and Public Safety Complex.................179 Approving Agreement Between County of Allegany and Niagara Coatings Services, Inc. for Painting for New Jail and Public Safety Complex.....................179 Approving Agreement Between County of Allegany and Spectra Contract Flooring for Resilient Flooring and Carpet for New Jail and Public Safety Complex......180 Approving Agreement Between County of Allegany and D & R Jones Construction Corp. for Tile for New Jail and Public Safety Complex..............................180 Approving Agreement Between County of Allegany and Commercial Appliance Contracts, Inc. for Food Service Equipment for New Jail and Public Safety Complex................................................180 Approving Agreement Between County of Allegany and Scobell Company, Inc. for Heating, Ventilation and Air Conditioning for New Jail and Public Safety Complex................................................181 Approving Agreement Between County of Allegany and Frey & Campbell, Inc. for Plumbing for New Jail and Public Safety Complex..................................181 Approving Agreement Between County of Allegany and Davis Fire Protection and Services, LLC for Fire Protection for New Jail and Public Safety Complex......181 Approving Agreement Between County of Allegany and Frey Electric Construction Co., Inc. for Electrical for New Jail and Public Safety Complex.................182 Approving Agreement Between County of Allegany and Esitech, Inc. for Electronic Security Systems for New Jail and Public Safety Complex.....................182 October 25, 2004

200-04

201-04

Bond Resolution Dated October 25, 2004 A Resolution Approving the Issuance of Certain Bonds by Allegany County Industrial Development Agency to Finance a Certain Civic Facility Project for Houghton College.......................................184 Reappointment of Commissioner of Elections (Gallman).....187

477 INDEX Res. No. 202-04

203-04

204-04 205-04 206-04 207-04 208-04

209-04

Page No. Cancellation of 2002 Delinquent Tax Liens and Determination of No Practical Method to Enforce Delinquent Tax Liens Arising Thereafter and Directing County Treasurer to Issue Certificate of Cancellation and Prospective Cancellation, in Relation to a Certain Tax Parcel (Genesee).............187 A Resolution Determining that Errors Exist on the 2004 County and Town Tax Rolls for the Towns Named with Regard to Real Property of Various Taxpayers Therein; Directing Mailing of Notices of Approval of Applications for Corrected Tax Rolls and Ordering the Various Town Tax Collectors to Correct the Tax Rolls; Providing for Charge Backs or Credits................................................188 Transfer of Funds from Contingent Account to Clerk, Legislative Board Contractual Expenses Account (Legal Advertising)....................................189 Transfer of Funds within Law Enforcement Appropriation Accounts.................................190 Acceptance of Donation from the Allegany County United Way, Inc. and Appropriation of Same to Youth Court Account..........................................190 Authorizing Execution of Corrective Deed to Western New York District of the Wesleyan Church, Inc.; Authorizing Chairman to Execute Deed...................190 Approving Agreement Between County of Allegany and Labella Associates, P.C. for Engineering Services for Extension of Water Main to New Jail and Public Safety Complex.........................................192 Resolution Setting Date of Public Hearing on 2005 County Tentative Budget and Providing Contents of Such Notice............................................193 November 8, 2004

210-04

211–04

212-04 213-04 214-04

Authorizing Chairman to Continue Discussions with Jamestown Community College to Determine Feasibility of Establishment of an Extension Site in Allegany County.....................................195 Adoption of Local Law Intro. No. 4-2004, Print No. 1, in Relation to a Local Law of the County of Allegany to Provide an Orderly Program for the Collection, Transportation and Disposal of Solid Waste and Recyclables in Order to Promote the Safety, Health, Welfare and Convenience of the Citizens of Allegany County, and to Prohibit Random Refuse Disposal and Littering Along Public Highways and Roads, and in Furtherance of the Legislative Findings Set Forth Below, and to Repeal Local Law No. 2 of the Year 2000, as Amended.....................196 Resolution Establishing Solid Waste User Fees for Year 2005..............................................212 Adoption of Local Law Intro. No. 5-2004, Print No. 1, to Provide Increases in the Compensation of Certain County Officers........................................213 Authorizing Allegany County Clerk to Request Retention of Necessary Expenses for Mortgage Tax Recording and Collection (This Resolution had been referred from Board to Finance Committee on 09/27/04 and back from Committee 10/26/04).............213

478 LEGISLATORS’ PROCEEDINGS Res. No. 215-04 216-04 217-04 218-04 219-04

220-04 221-04 222-04

223-04 224-04 225-04 226-04 227-04 228-04

Page No. Authorizing Semi-Annual Appropriation of Funds Received from State of New York as Reimbursement for Administration of Mortgage Tax Program.............214 Approval of Apportionment of Mortgage Tax to Tax Districts and Authorizing Warrant Therefor.............215 Changing Regular Meeting Date from December 27, 2004 to December 30, 2004...................................215 Approval of Sale of 2004 Tax Sale Properties.............215 A Resolution Determining that Errors Exist on the 2003 County and Town Tax Rolls for the Towns Named with Regard to Real Property of Various Taxpayers Therein; Directing Mailing of Notices of Approval of Applications for Corrected Tax Rolls and Ordering the Various Town Tax Collectors to Correct the Tax Rolls; Providing for Charge Backs or Credits................................................216 Relevy of Returned Village Taxes.........................217 Relevy of Returned School Taxes..........................218 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........................................218 Establishing a Capital Project for Replacement of a Culvert on County Road No. 3 in Town of Centerville and Providing Funds Therefor...........................219 Establishing a Capital Project for the County Landfill Expansion Study...............................219 Acceptance and Appropriation of Miscellaneous Donations for Use in Funding 2006 County Bicentennial Celebration...............................219 Transfer of Funds Within Public Health Appropriation Accounts...............................................220 Transfer of Funds Within Law Enforcement Sheriff Accounts...............................................220 Transfer of Funds Within Legislative Board Accounts (Payroll)..............................................221 November 22, 2004

229-04

230-04

231-04 232-04 233-04 234-04 235-04

Resolution Setting Date of Public Hearing for a Local Law Amending Local Law No. 1 of 1999 with Respect to the Number, Selection and Terms of Office of Members of the Allegany County Planning Board and the Powers and Duties of Such Planning Board...........226 Resolution Setting Date of Public Hearing on a Local Law Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over...................................................226 Amendment of 2005 County Tentative Budget................227 Adoption of 2005 County Final Budget.....................227 Resolution Making Appropriations for the Conduct of the County Government for the Fiscal Year 2005.........228 Correction of Titles in the AFSCME Salary Plan (Title Searcher, Emergency Services Dispatcher, and Head Emergency Services Dispatcher).........................228 Resolution Levying Towns 2005 Share of Allegany County Mutual Self-Insurance Plan......................228

479 INDEX Res. No. 236-04

237-04

238-04 239-04 240-04 241-04 242-04 243-04

Page No. Creating One Position of County Engineer and Abolishing One Position of Public Works Engineer in the Department of Public Works Due to Human Resources and Civil Service Department Reclassification.......................................229 Abolishing One Position of Coordinator of Intensive Case Management and Creating One Position of Assistant Director of Community Services in the Community Services Agency..............................230 Appointment of One New Member and Reappointment of One Member to Allegany County Community Services Board..................................................230 Increasing Appropriation and Revenue Accounts and Transfer of Funds in the Office for the Aging..........231 Acceptance and Appropriation of Supplemental Funds from the Federal Older Americans Act Grants for Fiscal Year 2004.......................................231 Transfer of Funds within Law Enforcement Sheriff Account (Grant Funded Communication Equipment).........231 Transfer of Funds within Public Works Appropriation Accounts...............................................232 Transfer of Funds from County Road Fund..................232 December 13, 2004

244-04

245-04

246-04

247-04

248-04 249-04

250-04 251-04 252-04 253-04

Abolishing One Position of Accountant and Creating One Position of Department of Public Works Fiscal Manager in the Department of Public Works (Referred to Personnel Committee 11/22/04 and Referred Back from Committee 12/07/04)...............................234 Abolishing One Position of Account Clerk Typist and Creating One Position of Secretary to the Superintendent of Public Works in the Department of Public Works (Referred to Personnel Committee 11/22/04 and Referred Back from Committee 12/07/04)....235 Adoption of Local Law Intro. No. 8-2004, Print No. 1, Amending Local Law No. 1 of 1999 with Respect to the Number, Selection and Terms of Office of Members of the Allegany County Planning Board and the Powers and Duties of Such Planning Board...........235 Adoption of Local Law Intro. No. 9-2004, Print No. 1, Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over...................................................236 Resolution Levying County Taxes..........................238 Resolution Approving the Final Assessment Rolls with Taxes Extended Thereon; Authorizing and Directing the Preparation and Execution of Tax Warrants and Causing Delivery of Tax Rolls to Collecting Officers...............................................238 Levying Taxes and Assessments Required for Purposes of Annual Budgets of the Towns of Allegany County......239 Chargeback to Towns of Cost of Various Tax Supplies Purchased or Provided For by County....................241 Abolishing One Position of Social Welfare Examiner in the Department of Social Services......................242 Transfer of Funds within Office for Aging Accounts (Software Required by State and Federal Govts.)........242

480 LEGISLATORS’ PROCEEDINGS Res. No. 254-04 255-04 256-04

257-04 258-04

259-04 260-04 261-04 262-04

Page No. Transfer of Funds from E-911 Reserve Account to Fire E-911 Equipment Account (Computer Monitors)............242 Approval of Agreements for Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities......................................243 Approval of Amendment Agreement with Medical Transportation Management, Inc. (MTM), in Relation to Providing Non-Emergency Medical Transportation Services in Allegany County; Authorizing Chairman to Execute Agreement...................................243 Approval of Interlocal Agreement Between County of Allegany and County of Cattaraugus Pursuant to Workforce Investment Act of 1998.......................243 Approving the One Stop System Operator Agreement Extension with the New York State Department of Labor Division of Employment Services and the Cattaraugus-Allegany Workforce Investment Board, Inc. (Employment and Training Center)..................244 Approval of Equipment Loan Agreements Between the County of Allegany and Various Fire Departments for the Loan of Mobile Two-Way Radio Equipment.............244 Appointment of Commissioner of Social Services and Fixing Annual Salary Therefor (Patricia Schmelzer).....245 Transfer of Funds from County Road Fund (Transfer to Road Machinery Fund to Purchase Sander)................245 Acceptance of Donation from Allegany Senior Foundation, Inc. and Appropriation of Same to OFA – S.N.A.P. Contractual Expenses (Home Delivered Meals).................................................246 December 30, 2004

263-04 264-04 265-04 266-04 267-04

268-04 269-04 270-04 271-04 272-04

Resolution in Support of Application of Cuba Memorial Hospital, Inc. for Designation as Demonstration Project for Continuing Care Residential Community......248 Authorizing County Attorney to Institute Legal Proceedings (Pharmaceutical Companies, etc. Re: Medicaid Prescription Drugs)...........................249 A Resolution in Relation to the Compensation of County Officers and Employees..........................249 Implementation of System for Evaluating Non-Unit Employees and Department Heads.........................251 Resolution Establishing Mileage Allowance for County Officers and Employees Other Than Legislators and Those County Employees Covered by a Collective Bargaining Agreement When Their Own Automobile is Used for County Business...............................251 Resolution Fixing Date of 2005 Organization Meeting......252 Suspending Certain County Board Rules Affecting Proposed Resolutions Requested to be Submitted at Organization Meeting on January 3, 2005................252 Resolution Designating Official Newspapers for the Publication of Local Laws, Notices and Other Matters Required by Law to be Published in 2005........252 Appointment of Two New Members and Reappointment of Three Incumbent Members to County Traffic Safety Board..................................................253 Authorizing Sale and Conveyance of County’s Interest in Real Property in Town of Cuba to Town of Cuba; Authorizing Chairman to Execute Deed...................254

481 INDEX Res. No. 273-04

274-04

275-04

276-04

277-04 278-04 279-04 280-04

281-04

282-04

283-04 284-04

285-04

286-04

Page No. Authorizing Allegany County Sheriff to Apply for Funding from New York State Department of State for Wireless Enhanced 911 Expedited Deployment Grant Program................................................254 Approval of Easement Between County of Allegany and Fillmore Gas Company, Inc. (Easement for Installing and Maintaining Natural Gas Service for Public Safety Building).......................................255 Authorizing the Implementation and Funding in the First Instance 100% of the Federal Aid-Eligible Costs, of a Transportation Federal Aid Emergency Relief Project, to Fully Fund the Local Share of Federal Aid-Eligible and Ineligible Project Costs and Appropriating Funds Therefor (CR 15B and 16, Flooding Resulting from Severe Storms in August and September 2004)........................................255 Transfer of Funds from Low Level Radioactive Waste Reserve Account to Contingent Account; Directing County Treasurer to Pay Over Funds to County of Cortland (Allegany County to Use Funds Deposited in Reserve Account to Extend Village of Belmont Sewer and Water to Belvidere Area)...........................256 Transfer of Funds from Contingent Account to Treasurer Equipment and Contractual Expenses Accounts (Software Module for Financial System)........257 Transfers Between Appropriation Accounts (Year-End Balancing of Accounts).................................257 Approval of Agreement with H & V Risk Consultants for Insurance Advice and Services (2005)...................265 Acceptance of the Governor’s Traffic Safety Committee Grants; Approval of Amendment Contract Numbers C000862 and C-001156 Between County of Allegany and Governor of the State of New York; Authorizing Chairman to Sign Amendment Contracts...................266 Approval of Final 2005 Allegany County Plan Under County Special Traffic Options Program for Driving While Intoxicated; Authorizing STOP DWI Coordinator to Enter into Agreements for Services..................266 Approval of Renewal Agreement with County of Oneida to Provide Services for Allegany County Prisoners Held at the Central New York Psychiatric Center Forensic Unit..........................................267 Approval of Court Security Agreement Between the New York State Unified Court System and the Allegany County Sheriff’s Department (04/01/04 – 03/31/09)......267 Approval of Renewal Agreement Between the New York State Unified Court System and County of Allegany for Maintenance and Operation of Court Facilities for the State Fiscal Year 2004-2005 (04/01/04 – 03/31/05)..............................................268 Approval of Agreement with the Town of Caneadea in Relation to the Disposal of County Landfill Leachate at Town of Caneadea Houghton Waste Water Treatment Plant; Authorizing Board Chairman to Execute Agreement......................................268 Approval of Agreement with the Village of Cuba in Relation to the Disposal of County Landfill Leachate at Village of Cuba Waste Water Treatment Plant; Authorizing Board Chairman to Execute Agreement..............................................269

482 LEGISLATORS’ PROCEEDINGS Res. No. 287-04

288-04

289-04

290-04

Page No. Approval of Agreement with the Town of Friendship in Relation to the Disposal of County Landfill Leachate at Town of Friendship Waste Water Treatment Plant; Authorizing Board Chairman to Execute Agreement......................................269 Approval of Agreement with the Village of Wellsville in Relation to the Disposal of County Landfill Leachate at Village of Wellsville Waste Water Treatment Plant; Authorizing Board Chairman to Execute Agreement......................................269 Approval of Agreement with Simonsen Enterprises in Relation to Deer Carcass Removal Services; Authorizing Board Chairman to Execute Agreement (2005 and 2006)........................................270 Approval of Agreement with Maximus, Inc. to Prepare County-Wide Cost Allocation Plan and Related Indirect Cost Rate Proposals for 2004 and 2005 for Federal Aid............................................270