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Monday, May 20, 2024

Allegany County Board of Legislators met June 25.

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Allegany County Board of Legislators met June 25.

Here is the minutes provided by the Board:

CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:07 p.m. by Chairman Curtis W. Crandall.

PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Navy Petty Officer Second Class James S. Cartwright, Sr.

INVOCATION: The Invocation was given by Legislator Judith D. Hopkins.

ROLL CALL: 14 Legislators Present: Gary Barnes, Janice Burdick, Curtis Crandall, David Decker, William Dibble, Dwight Fanton, Karl Graves, Brooke Harris, Steven Havey, Dwight “Mike” Healy, Judith Hopkins, John Ricci, Debra Root, Philip Stockin (Absent: Philip Curran)

APPROVAL OF MINUTES:

The Board meeting minutes of June 11, 2018, were approved on a motion made by Legislator Dibble, seconded by Legislator Root, and carried.

The Public Hearing minutes of June 11, 2018, were approved on a motion made by Legislator Graves, seconded by Legislator Havey, and carried.

The Committee of the Whole meeting minutes of June 11, 2018, were approved on a motion made by Legislator Healy, seconded by Legislator Fanton, and carried.

PRIVILEGE OF THE FLOOR:

Chairman Crandall presented a certificate to James S. Cartwright, Sr., former United States Navy Petty Officer Second Class, in grateful appreciation of his service to our country. Mr. Cartwright’s service dates were from July 15, 1985, to July 14, 1989. Following Basic Training at Great Lakes, IL, and Advanced Training at Norfolk, VA, he was assigned to the USS Canopus. Commendations he received included: Battle “E” Award (awarded to the ship that wins the battle effectiveness competition) and Good Conduct Medal. Mr. Cartwright led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.

Casey Jones, Chairman of the planning group for the Hope Center spoke in an effort to spread the word about a new initiative being put together by Mission Genesee Valley, a coalition of churches, Christian organizations, and individuals in Allegany County and Northern Potter County. The center is located at 4194 Bolivar Road in Wellsville across from McDonald’s. The vision for the Hope Center began late last year when Mike Raptis was in the process of purchasing a building with four storefronts. He decided to dedicate one of those storefronts for this purpose. The Center will be for anyone in need of help and will be used for outreach. They see the Hope Center as a place for people to drop in while they are waiting for a bus. They want to develop an information and referral system. It will be a place where seminars and workshops can be held. They would like to reach out to churches and try to connect more people with the services they need. Initially, the Hope Center will be open Tuesdays and Thursdays from 2 to 6 p.m. and Saturdays from 9 a.m. to 1 p.m.

Ashley Palmer, a member of the Allegany-Steuben Homeschoolers Association addressed the Board in regards to amending the education law that allows homeschooled students to be prohibited from participating in district interscholastic sports. Ms. Palmer was homeschooled and now homeschools her own children. She is required to meet State standards for educating her children and is required to pay school taxes, but her children aren’t allowed to participate in extracurricular activities. She would like her children to have the same opportunities as the students who attend public school.

Rachael Burns, LEAH (Loving Education at Home) Member through the Houghton Area Homeschoolers, Wellsville Area Homeschool Co-op, and a student of the Homeschool Academy in Rochester spoke of her experience as a homeschooled student. She too wasn’t able to participate in sports and feels there were a lot of life skills that she missed out on by not being able to participate. Ms. Burns noted that with the declining enrollment in NYS schools, coaches are having a difficult time filling teams. She feels there would be no additional cost for the schools. She shared that Pennsylvania allows homeschooled students to participate and said a friend of hers found interest in sports medicine through her participation in sports. She thanked the Board for their time and consideration.

David Foster, Wellsville Central School Superintendent, addressed the Board saying that he just became aware that this was on the agenda this morning. He said one of his concerns is funding. There are two ways schools receive funding. One is through the local tax levy, but the greater share of funding comes from State Aid. Approximately 80 percent of the budget is from State Aid. Homeschooled students are not included for State Aid calculations. State Aid is based on enrollment. He’s not aware of any local districts that have passed resolutions supporting this measure.

Chairman Crandall stated that the comments regarding homeschoolers participation in interscholastic sports was spurred by a resolution on today’s agenda.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

1. July 2018 Calendar

2. 2018 Budget Brochure

RESOLUTIONS:

RESOLUTION NO. 118-18

ADOPTION OF ALLEGANY COUNTY REQUEST TO CREATE AND FILL POSITIONS POLICY

Offered by: Ways & Means Committee

WHEREAS, the County wishes to have a uniform process and procedure for the creation and filling of all positions within the County, now therefore, be it

RESOLVED:

1. That the Request to Create and Fill Positions Policy is hereby approved.

2. That this policy is intended to complement procedures established in Resolution No. 146-03 and Resolution No. 192-10 to fill positions within the County.

3. That if a Department Head is requesting to create an additional position of a title that already exists within his/her department, then the committee of jurisdiction may sponsor a resolution creating the position. Appropriate funding for the position must be determined and identified. The request to fill the position must be referred to the Ways & Means Committee for final approval once the position has been created by resolution.

4. That if a Department Head is requesting to create a new position, and the title does not currently exist in his/her department, then the committee of jurisdiction will refer the request to the Personnel Committee. The Department Head must work with the Personnel Officer and complete a New Position Duty Statement. The Personnel Officer will then classify the position as to title and jurisdictional classification (competitive, non-competitive, union affiliation, salary grade, etc.). The Personnel Officer will then make a recommendation to the Personnel Committee. In addition, appropriate funding for the position must be determined and identified. If approved, the Personnel Committee will request a resolution creating the position, and the request to fill will be referred to the Ways & Means Committee for final approval once the position has been created by resolution.

5. In addition to complying with the existing procedures established in Resolution Nos. 146-03 and 192-10, the process for filling vacant positions shall require:

a) The Department Head to notify the Personnel Officer and County Administrator of the request to fill a position.

b) The Department Head to complete a Request to Fill Form and have the County Administrator and Personnel Officer both sign the form prior to submitting it to the Clerk of the Board’s Office so that the request can be added to the committee of jurisdiction’s agenda.

6. This resolution shall take effect immediately.

Moved by: Mr. Stockin Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 119-18

URGING PASSAGE OF SENATE BILL S.00465A AND ASSEMBLY BILL A.00445 THAT WOULD AMEND THE EDUCATION LAW, IN RELATION TO PROHIBITING SCHOOL DISTRICTS FROM DISALLOWING HOME-SCHOOLED STUDENTS FROM PARTICIPATING IN DISTRICT INTERSCHOLASTIC SPORTS

Offered by: Ways & Means Committee

WHEREAS, participation in athletics has the intrinsic value of increased physical and mental health, and

WHEREAS, participation in athletics is one of the most effective ways for students in the United States to develop leadership skills, self-discipline, initiative, and dedication, and

WHEREAS, the communication and cooperation skills learned through athletic experience play a key role in the contributions of athletes to the home, school, and community, and

WHEREAS, the additional benefits of athletics participation, including social interaction and teamwork, could be considered more vital for home-schooled students, who often lack the opportunity to otherwise enjoy those benefits due to the nature of their educational environment, and

WHEREAS, the current regulations of the New York State Public High School Athletics Association (NYSPHSAA) prohibit participation in high school athletics by home-school athletes, and

WHEREAS, those regulations run counter to the NYSPHSAA’s stated objective to encourage as many students as possible to participate in athletic games, and

WHEREAS, public schools in New York enjoy the benefits of funding through taxation, which enables them to provide expensive athletic programming that home-schooled students are unable to fund independently, and

WHEREAS, the families of home-schooled children contribute to the funding of public school athletics programs at the same rate as other taxpayers, now, therefore, be it

RESOLVED:

1. That the Allegany County Board of Legislators hereby calls on the State lawmakers to amend the education law to allow home-schooled students to participate in interscholastic athletics, by enacting Senate Bill S.00465A and Assembly Bill A.00445 into law.

2. That the Clerk of this Board is directed to send a certified copy of this resolution to Governor Andrew M. Cuomo; State Senator Catharine M. Young; Assemblyman Joseph M. Giglio; State Senate Majority Leader John J. Flanagan; State Assembly Speaker Carl E. Heastie; New York State Association of Counties; and InterCounty Association of WNY.

Moved by: Mr. Stockin Adopted: Voice Vote Seconded by: Mr. Fanton

Comments made regarding Resolution No. 119-18: Legislator Barnes remarked that the Board is only voting on sending a proposal to the State. The State Legislature will decide on whether or not to approve this. Those who might be opposed have the right to send their own proposals to the State. Legislator Harris stated that this is an issue of fairness. It’s simply wrong to disallow students to participate. It’s accurate that homeschooled students aren’t included in calculations for state aid, but athletics is only a small portion of the budget and these families are paying taxes. Salaries and benefits comprise most of the school budget.

RESOLUTION NO. 120-18

APPROVING CONSOLIDATION OF THE VITAL STATISTIC REGISTRATION DISTRICTS OF THE TOWN OF BOLIVAR AND THE VILLAGE OF BOLIVAR

Offered by: Human Services Committee

WHEREAS, New York State previously assigned Vital Statistic Registration District 259 to the Town of Bolivar and Vital Statistic Registration District 224 to the Village of Bolivar, and

WHEREAS, the Town of Bolivar and the Village of Bolivar desire to consolidate their Vital Statistic Registration Districts into one primary district under the Town of Bolivar’s registration number, and

WHEREAS, on April 16, 2018, the Village of Bolivar approved the consolidation of the Vital Statistic Registration Districts of the Town of Bolivar and Village of Bolivar, and

WHEREAS, on March 20, 2018, the Town of Bolivar approved the consolidation of the Vital Statistic Registration Districts of the Town of Bolivar and Village of Bolivar, and

WHEREAS, pursuant to Public Health Law Section 4120, the combination of two primary Vital Statistic Registration Districts into a single primary Vital Registration District also

requires the approval of the legislative body of the county in which each affected district is located, now, therefore, be it

RESOLVED:

1. That the Allegany County Board of Legislators hereby approves the consolidation of Vital Statistic Registration District 259 in the Town of Bolivar and Vital Statistic Registration District 224 in the Village of Bolivar into one primary Vital Statistics Registration District.

Moved by: Mrs. Hopkins Adopted: Roll Call Seconded by: Mrs. Burdick 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 121-18

CREATING ONE FULL-TIME POSITION OF SENIOR SOCIAL WELFARE EXAMINER AND ABOLISHING ONE FULL-TIME POSITION OF RESOURCE ASSISTANT IN THE DEPARTMENT OF SOCIAL SERVICES

Offered by: Human Services Committee

RESOLVED:

1. That one position of full-time Senior Social Welfare Examiner (AFSCME, Grade 13) is created in the Department of Social Services.

2. That one position of full-time Resource Assistant (AFSCME, Grade 12) is hereby abolished in the Department of Social Services.

3. This resolution shall take effect June 26, 2018.

Moved by: Mrs. Hopkins Adopted: Roll Call Seconded by: Mrs. Burdick 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 122-18

ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS

Offered by: Ways & Means Committee

WHEREAS, a check in the amount of $3,175.78, representing the cost less a $200 deductible, to repair a Health Department 2017 Ford Focus (VIN#1FADP3E20HL279054) that was damaged in a motor vehicle/deer accident on May 23, 2018, has been offered by

NYMIR (New York Municipal Insurance Reciprocal) in settlement for such damage, now, therefore, be it

RESOLVED:

1. That the sum of $3,175.78 representing the settlement on a Health Department 2017 Ford Focus (VIN#1FADP3E20HL279054) that was damaged on May 23, 2018, is accepted.

2. That the sum of $3,175.78 is placed in Account No. CS1931.429 (Risk Retention - Uninsured Property Loss) with a like sum credited to Revenue Account No. CS1930.2680.00 (Insurance Recovery).

Moved by: Mr. Stockin Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 123-18

BUDGET TRANSFER WITHIN DEPARTMENT OF PUBLIC WORKS ACCOUNTS

Offered by: Public Works and Ways & Means Committees

RESOLVED:

1. That the sum of $15,000 shall be transferred from Account No. D5142.408 (Snow Removal – General Supplies) to Account No. DM5130.411 (Road Machinery – Repairs Personal Property) to cover unanticipated necessary repairs to the bridge crew crane.

Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Ricci 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 124-18

APPROVAL OF GRANT APPLICATION FOR HOMELAND SECURITY AND EMERGENCY SERVICES LEMPG FY 2018 GRANT BY THE OFFICE OF EMERGENCY MANAGEMENT AND FIRE SERVICES

Offered by: Public Safety Committee

WHEREAS, the Office of Emergency Management and Fire Services is requesting approval to apply for grant money through the Homeland Security and Emergency Services Local Emergency Management Performance Grant (LEMPG) FY 2018, and

WHEREAS, the grant funds would supplement the wages and expenses for the Office of Emergency Services, cover training costs, and enhance the County’s ability to deal with a natural disaster, and

WHEREAS, if approved, the grant would provide approximately $23,215 and the County share would be $23,215, now, therefore, be it

RESOLVED:

1. That the Office of Emergency Management and Fire Services is authorized to act on behalf of the County of Allegany to apply for grant funds through the Homeland Security and Emergency Services LEMPG FY 2018 grant.

Moved by: Mr. Healy Adopted: Roll Call Seconded by: Mr. Dibble 14 Ayes, 0 Noes, 1 Absent

Comments made regarding Resolution No. 124-18: Legislator Healy made a motion to amend the resolution. The resolution is for a 2018 grant, rather than 2017. All instances in which “2017” appear in the resolution should be changed to “2018.” The motion to amend the resolution was seconded by Legislator Dibble and carried.

RESOLUTION NO. 125-18

APPROVAL OF GRANT APPLICATION FOR THE DEPARTMENT OF SOCIAL SERVICES FOR THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BONUS AWARD ALLOCATION

Offered by: Human Services Committee

WHEREAS, the Department of Social Services is requesting approval to apply for grant money through the SNAP Bonus Award Allocation, and

WHEREAS, the award available is up to $50,000 to be used for SNAP related expenses including, but not limited to, investments in technology, improvements in administration and distribution, and actions to prevent fraud, waste, and abuse, now, therefore, be it

RESOLVED:

1. That the Department of Social Services is authorized to act on behalf of the County of Allegany to apply for grant funds through the SNAP Bonus Award Allocation.

Moved by: Mrs. Hopkins Adopted: Roll Call Seconded by: Mrs. Burdick 13 Ayes, 1 No, 1 Absent

Voting No: Harris

RESOLUTION NO. 126-18

APPROVAL OF A THREE-YEAR MAINTENANCE AGREEMENT WITH F & F ELECTRIC, INC. COVERING GENERATORS LOCATED AT ALLEGANY COUNTY’S 911 RADIO TOWERS

Offered by: Public Safety and Committee

RESOLVED:

1. That the proposal submitted by F & F Electric Inc. for maintenance of the generators located at the County’s 911 radio towers is accepted.

2. That a three-year maintenance agreement with F & F Electric Inc. covering generators located at the current County 911 radio towers, for the period of January 1, 2018, through December 31, 2021, is hereby approved.

3. That the funds requested are $19,656, payable annually at a rate of $6,552.

4. That the Chairman of this Board shall execute said agreement upon final approval by the County Attorney.

Moved by: Mr. Healy Adopted: Roll Call Seconded by: Mr. Dibble 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 127-18

APPROVAL OF AGREEMENTS BETWEEN THE COUNTY OF ALLEGANY AND MULTIPLE AGENCIES FOR FOSTER CARE SERVICES FOR THE DEPARTMENT OF SOCIAL SERVICES

Offered by: Human Services Committee

RESOLVED:

1. That the Agreements for foster care services for the Allegany County Department of Social Services with Baker Victory Services, Berkshire Farm Center and Services for Youth, Buffalo Urban League Inc., Catholic Charities of the Southern Tier, Child and Family Services (Jan Long CFO), Conners Children’s Center, Crestwood Children’s Center, GA Family Services, Gateway-Longview Inc., Glove House, Hillside Children’s Center, Hopevale Inc., Kinship Youth and Family Services, New Directions Youth and Family Services Inc., St. Anne’s Institute, The William George Agency for Children’s Services Inc.,

Villa of Hope Youth & Family Services, and Wyoming Conference Children’s Home, for the period of July 1, 2018, to June 30, 2019, are approved.

2. That the Commissioner of Social Services is authorized to execute said Agreements.

Moved by: Mrs. Hopkins Adopted: Roll Call Seconded by: Mrs. Burdick 14 Ayes, 0 Noes, 1 Absent

Resolution Intro. No. 129-18, Resolution No. 128-18, (AMENDING RESOLUTION NO. 12-18 TO REFLECT THE NAME CHANGE OF ONE OF THE DESIGNATED OFFICIAL NEWSPAPERS) was not pre-filed and was considered from the floor on a motion made by Legislator Stockin, seconded by Legislator Decker, and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.

RESOLUTION NO. 128-18

AMENDING RESOLUTION NO. 12-18 TO REFLECT THE NAME CHANGE OF ONE OF THE DESIGNATED OFFICIAL NEWSPAPERS

Offered by: Ways & Means Committee

WHEREAS, Resolution No. 12-18 designated the official newspapers for 2018; one of the papers designated was the Wellsville Daily Reporter, and

WHEREAS, effective June 19, 2018, The Evening Tribune (Hornell) and The Daily Reporter (Wellsville) merged into one unified product now titled The Spectator, now, therefore, be it

RESOLVED:

1. That Resolution No. 12-18 is hereby amended to reflect the name change of the Wellsville Daily Reporter to The Spectator.

2. This resolution shall be retroactive to June 19, 2018, when the name change occurred.

Moved by: Mr. Stockin Adopted: Roll Call Seconded by: Mr. Dibble 14 Ayes, 0 Noes, 1 Absent

AUDITS:

A motion was made by Legislator Stockin, seconded by Legislator Healy, and carried, that the audits be acted upon collectively and by totals.

A motion was made by Legislator Fanton, seconded by Legislator Healy, and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $4,680,591.17 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $4,600,487.)

MEDIA:

Rich Mangels (WJQZ) inquired about the foster care service agreements approved during the meeting by asking if they were being paid for by the State or the County. Social Services Commissioner Vicki Grant stated that it depends on the child’s eligibility. In most cases, at least some of it is paid by the State. There are a number of criteria that determine eligibility. Mr. Mangels then asked for an update on the progress of the Crossroads project. Chairman Crandall indicated that it’s progressing and that development is still in the works. Legislator Root stated that we won’t see any construction this summer, but may see it begin in the fall.

COMMENTS:

Chairman Crandall announced there will be a Committee of the Whole meeting following the Board meeting.

County Administrator Boyde announced that the County-Wide Shared Services meeting being held tomorrow night at BOCES would take place from 6-8 p.m. Information with different hours had been circulated, and he wanted to be sure everyone had the correct hours.

ADJOURNMENT: The meeting was adjourned at 3:02 p.m. on a motion made by Legislator Graves, seconded by Legislator Fanton, and carried.

https://www.alleganyco.com/wp-content/uploads/Board-Meeting-Minutes-062518-final.pdf

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