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Allegany County Legislature meets today, over fifty resolutions on the agenda

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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

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