Creation of the Office of the Conflict Defender is big news in Belmont
By Andrew Harris
County leadership will be working hard today as they propose, discuss, and vote on fifty one resolutions before the full boad today. The full list of those resolutions(posted below,) reveals lots of normal business before the board: Appointments, contracts, memoradums of understanding, budget amendments, and accepting insurance payments. At the top of the list is a resolution to create an entire new office in Allegany County, The Office of the Conflict Defender. Read our previous reporting on the new county office:
Wellsville legislator Steven Havey proposed the new office and has broad support for the measure. To understand the need for the expansion of the county government, it is worth considering the complexities of our criminal justice system.
In Allegany County when someone is arrested they often qualify for a public defender and our court system is mandated to provide that public defender. The defendent must be proivded that legal counsel on a timeline as a matter of basic civil rights. If Allegany County fails to provide that defense within the statuatory deadline, the defendent walks free. To avoid that injustice to the people, our county regularly pays a premium to lawyers outside the jurisdiction, also known as “assigned counsel.” Hiring lawyers from other counties to represent defendents is not cheap.
Many other small counties have encountered the same situation and have created an Office of Conflict Defender. Using very rough math, the new office costs a county $300,000 per year to provide in-house public defense and eliminate the need for assigned counsel which a county was spending $500,00 per year on. The goal is to provide better mandated legal counsel, reduce civil rights violations, and save the taxpayers big money.
Opposing voices to the new county office agree that the systems and funding for providing public defenders are in need of reform. Those same voices warn that the cost savings which are forecasted may be illusory. Currently the new Office of the Conflict Defender will be largely funded by a state fund better known as, Hurrell-Harring Settlement fund. If that fund depletes, the full cost of the the new office could fall on county taxpayers. More about that here: https://www.ils.ny.gov/node/166/announcements-and-news-hurrell-harring-settlement
PROPOSED RESOLUTIONS BOARD MEETING – November 23, 2022
INTRO. NO. TITLE PAGE NO.
340-22 ADOPTION OF LOCAL LAW INTRO. NO. 3-2022, PRINT NO. 1, ESTABLISHING THE OFFICE OF THE CONFLICT DEFENDER IN
THE COUNTY OF ALLEGANY…………………………………………………………………………. 1
341-22 CREATION AND IMPLEMENTATION OF A SPACE NEEDS SUBCOMMITTEE UNDER THE PUBLIC WORKS COMMITTEE OF
THE ALLEGANY COUNTY BOARD OF LEGISLATORS…………………………………………………………………………. 6
342-22 AMENDING RESOLUTION NO. 1-69 AND RESOLUTION NO. 297-75 ADOPTING THE CLASSIFICATION, COMPENSATION, AND EVALUATION PLAN FOR DEPARTMENT HEADS AND NON-UNIT MEMBERS 7
343-22 APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (A.F.S.C.M.E.), NEW YORK COUNCIL 66, LOCAL 2574 9
344-22 RESOLUTION REQUESTING THE UNITED STATES CONGRESS ADVANCE LEGISLATION PROTECTING FEDERAL HEALTH CARE BENEFITS FOR PRE-TRIAL DETAINEES 11
345-22 APPOINTMENT OF COMMISSIONER OF ELECTIONS 14
346-22 APPOINTMENT OF TWO MEMBERS TO THE SOUTHWESTERN REGIONAL EMERGENCY MANAGEMENT SERVICES COUNCIL 16
347-22 AMENDMENT OF 2023 COUNTY TENTATIVE BUDGET 18
348-22 ADOPTION OF 2023 COUNTY FINAL BUDGET 20
349-22 RESOLUTION LEVYING COUNTY TAXES 21
350-22 RESOLUTION MAKING APPROPRIATIONS FOR THE CONDUCT OF
THE COUNTY GOVERNMENT FOR FISCAL YEAR 2022……………………………………………………………………….. 22
351-22 RESOLUTION LEVYING TOWNS’ 2023 SHARE OF ALLEGANY COUNTY MUTUAL SELF-INSURANCE PLAN 23
352-22 APPROVAL OF THE FINAL ASSESSMENT ROLLS WITH TAXES EXTENDED THEREON; AUTHORIZING AND DIRECTING THE PREPARATION AND EXECUTION OF TAX WARRANTS AND CAUSING THE DELIVERY OF TAX ROLLS TO COLLECTING OFFICERS 25
353-22 APPROVAL OF APPORTIONMENT OF MORTGAGE TAX TO TAX DISTRICTS AND AUTHORIZING WARRANT THEREFOR 26
354-22 AUTHORIZING PAYMENT TO TOWNS AND VILLAGES FROM ADDITIONAL MORTGAGE TAX FEE RETAINAGE BY COUNTY CLERK; APPROPRIATING FUNDS THEREFOR 28
355-22 CHARGEBACK TO TOWNS THE COST OF VARIOUS TAX SUPPLIES PURCHASED OR PROVIDED BY COUNTY 30
356-22 APPROVAL FOR THE ALLEGANY COUNTY OFFICE OF EMERGENCY SERVICES TO PAY FOR STUDENTS TO ATTEND AND COMPLETE AN EMT-PARAMEDIC COURSE HELD IN ALLEGANY COUNTY; BUDGET ADJUSTMENT TO COVER COST OF
THE TRANSFER FROM THE CONTINGENCY FUND……………………………………………………………………….. 31
357-22 ACCEPTANCE AND APPROPRIATION OF NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES SUPERVISION AND TREATMENT SERVICES FOR JUVENILES (STSJP) PROGRAM FUNDS FOR FISCAL YEAR 2022-2023 FOR THE PROBATION
DEPARTMENT……………………………………………………………………….. 33
358-22 ACCEPTANCE AND TRANSFER OF APPROVED STATE MARCHISELLI FUNDING FOR A TRANSPORTATION FEDERAL-AID PROJECT AWARDED TO THE COUNTY OF ALLEGANY 35
359-22 APPROVAL OF SUPPLEMENTAL AGREEMENT #2 BETWEEN THE COUNTY OF ALLEGANY AND POPLI DESIGN GROUP FOR CONSTRUCTION SUPPORT AND CONSTRUCTION INSPECTION SERVICES FOR THE REPLACEMENT OF THE PINE STREET BRIDGE PROJECT, PIN 6754.94, OVER CANACADEA CREEK 38
360-22 ACCEPTANCE AND APPROPRIATION OF THE NEW YORK STATE BOARD OF ELECTIONS ABSENTEE PRE-PAID POSTAGE GRANT FUNDING FOR THE ALLEGANY COUNTY BOARD OF ELECTIONS 40
361-22 ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS 42
362-22 ACCEPTANCE AND APPROPRIATION OF THE FY2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDING
FOR THE OFFICE OF EMERGENCY SERVICES……………………………………………………………………….. 44
363-22 ACCEPTANCE AND APPROPRIATION OF THE DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY SERVICES (DHSES) STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT FOR
THE OFFICE OF EMERGENCY SERVICES……………………………………………………………………….. 46
364-22 TRANSFER OF FUNDS WITHIN DISTRICT ATTORNEY OFFICE ACCOUNTS 48
365-22 APPROVAL OF FIVE-YEAR LAND LEASE FROM DUANE AND TERRY GELSER TO THE COUNTY OF ALLEGANY FOR THE DEPARTMENT OF PUBLIC WORKS’ PURPOSES 50
366-22 ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS 52
367-22 ACCEPTANCE AND APPROPRIATION OF THE RENEWAL NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES PROBATION STATE AID BLOCK GRANT FOR FISCAL YEAR 2022-
2023 FOR THE PROBATION DEPARTMENT……………………………………………………………………….. 54
368-22 ACCEPTANCE AND APPROPRIATION OF THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES COUNTY PRETRIAL SERVICES GRANT FOR STATE FISCAL YEAR 2022-2023 FOR THE PROBATION DEPARTMENT 56
369-22 APPROVAL OF GRANT APPLICATION FOR THE NEW YORK STATE DEPARTMENT OF CRIMINAL JUSTICE SERVICES BODY WORN CAMERA PROGRAM 58
370-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND TYLER TECHNOLOGIES, FOR THE UPGRADE OF THE COUNTY’S SOFTWARE SYSTEM ADD-ON AND INTEGRATION
SUPPORT FEATURES……………………………………………………………………….. 60
371-22 TRANSFER OF FUNDS WITHIN DEPARTMENT OF HEALTH ACCOUNTS 62
372-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND LANGUAGE SERVICES ASSOCIATES FOR LANGUAGE INTERPRETING SERVICES FOR THE DEPARTMENT
OF HEALTH……………………………………………………………………….. 64
373-22 ACCEPTANCE AND APPROPRIATION OF DONATION FUNDS RECEIVED BY THE COUNTY OF ALLEGANY THROUGH ITS DEPARTMENT OF SOCIAL SERVICES FROM THE ALLEGANY COUNTY AREA FOUNDATION TO SUPPORT THE ANNUAL FOSTER CARE CHRISTMAS PARTY 66
374-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND THE ALLEGANY COUNCIL ON ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR DRUG AND ALCOHOL SERVICES FOR THE DEPARTMENT OF SOCIAL SERVICES 68
375-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND ACCORD CORPORATION FOR NON-RESIDENTIAL DOMESTIC VIOLENCE SERVICES FOR THE DEPARTMENT OF SOCIAL SERVICES 70
376-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND ACCORD CORPORATION FOR THE WOMEN’S CHANCES PROGRAM FOR THE DEPARTMENT OF SOCIAL SERVICES 72
377-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND BERKSHIRE FARM CENTER & SERVICES, INC., FOR QUALIFIED INDIVIDUAL EVALUATIONS FOR THE
DEPARTMENT OF SOCIAL SERVICES……………………………………………………………………….. 74
378-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND CATHOLIC CHARITIES OF THE DIOCESE OF ROCHESTER D/B/A CATHOLIC CHARITIES STEUBEN/LIVINGSTON FOR RESPITE SERVICES FOR CHILDREN FOR THE DEPARTMENT
OF SOCIAL SERVICES……………………………………………………………………….. 76
379-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND CATHOLIC CHARITIES OF THE DIOCESE OF ROCHESTER D/B/A CATHOLIC CHARITIES STEUBEN/LIVINGSTON FOR “SHAPE” MANDATED PREVENTIVE SERVICES FOR THE
DEPARTMENT OF SOCIAL SERVICES……………………………………………………………………….. 78
380-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND HILLSIDE CHILDREN’S CENTER FOR ONE-HOME AND IN-HOME PARENTING SERVICES FOR THE DEPARTMENT OF
SOCIAL SERVICES……………………………………………………………………….. 80
381-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND JAN & BEV’S HOME CARE, INC., FOR HOMECARE SERVICES FOR THE DEPARTMENT OF SOCIAL SERVICES 82
382-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND LABORATORY CORPORATION OF AMERICA HOLDINGS FOR DNA TESTING SERVICES FOR THE DEPARTMENT
OF SOCIAL SERVICES……………………………………………………………………….. 84
383-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND LEGAL ASSISTANCE OF WNY TO ASSIST SOCIAL SERVICES CLIENTS IN APPLYING FOR SSI BENEFITS 86
384-22 ACCEPTANCE AND APPROPRIATION OF BEQUEST RECEIVED BY THE COUNTY OF ALLEGANY THROUGH ITS OFFICE FOR THE
AGING FROM THE ESTATE OF JO HLAVATY……………………………………………………………………….. 88
385-22 ACCEPTANCE AND APPROPRIATION OF DONATIONS RECEIVED BY THE COUNTY OF ALLEGANY THROUGH ITS OFFICE FOR THE
AGING FROM THE ALLEGANY COUNTY SENIOR FOUNDATION……………………………………………………………………….. 90
386-22 RE-APPROPRIATION OF UNSPENT FUNDS FROM THE UNMET NEEDS GRANT FUNDING FOR THE OFFICE FOR THE AGING 92
387-22 BUDGET ADJUSTMENTS WITHIN OFFICE FOR THE AGING ACCOUNTS TO FINALIZE REVENUE FROM TITLE III-B, TITLE III-C,
AND TITLE III-E FEDERAL GRANTS……………………………………………………………………….. 94
388-22 BUDGET ADJUSTMENTS WITHIN OFFICE FOR THE AGING ACCOUNTS TO FINALIZE REVENUE FROM COMMUNITY SERVICES FOR THE ELDERLY AND WELLNESS IN NUTRITION STATE GRANTS 96
389-22 ACCEPTANCE AND APPROPRIATION OF ADDITIONAL STATE AID FUNDS FROM THE NEW YORK STATE OFFICE OF ADDICTION SERVICES AND SUPPORTS 98
390-22 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND PARENT EDUCATION PROGRAM FOR FAMILIES FIRST PREVENTIVE SERVICES FOR THE DEPARTMENT OF
SOCIAL SERVICES………………………………………………………………………. 100
