PUBLIC SAFETY COMMITTEE
March 4, 2020 Members Present: D. Healy, W. Dibble, D. Decker, B. Harris, S. Havey, J. Hopkins, C. Crandall
Other Present: G. Barnes, B. Budinger, J. Burdick, P. Curran, M. Evans, K. Graves, G. Green, R. Hall, S. Hicks, C. Ivers, B. Kelley, C. Knapp, J. Luckey, B. Perkins, J. Ricci, B. Riehle, R. Starks, P. Stockin, R. Swarthout, M. Washer, R. Whitney
Call to Order: The meeting was called to order at 1:32 p.m. by Public Safety Committee Chairman Dwight "Mike" Healy.
Approval of Minutes
A motion was made by Legislator Decker, seconded by Legislator Harris, and carried to approve the Public Safety Committee minutes for February 5, 2020.
PUBLIC DEFENDER
Public Defender Barbara Kelley attended the meeting and submitted her monthly report to the committee for review.
Bail Reform
Legislator Harris asked if there are any new updates on bail and/or discovery reform. Ms. Kelley stated there’s excitement surrounding them because it has become politicized which she will not address. Ms. Kelley continued that if you look at what the purpose of the reform was which is to stop incarcerating everyone who is arrested for minor offenses, the reform has been a success. Ms. Kelley illustrated its success by picking a random day in February and compared it to that same day in 2019. Her findings showed that in 2019, the County Jail had 55 local inmates, and 21 of them were un-sentenced misdemeanor cases. Comparing to that same day in 2020, there were 40 local inmates and none were there for un-sentenced misdemeanors. Ms. Kelley noted the misdemeanors to be AUO (Aggravated Unlicensed Operation) 3rd degree and petit larcenies. Legislator Barnes expressed frustration stating that any larceny is major, and if someone steals his iPad, they belong in jail. Ms. Kelley stated if the person if found guilty, then yes, but these individuals have not been found guilty. Legislator Barnes stated that it allows them to be out in the general public doing these things to someone else. Legislator Graves stated that the media and what we’re hearing out of New York City is complicating the matter adding that police are being disrespected, and there is an allegation that crime has risen in NYC. Ms. Kelley indicated that she has read that as well; however, it has been rebutted as the Police Union was not able to back up their data. Ms. Kelley noted that the article also stated that violent crimes are down. Legislator Graves asked if Ms. Kelley thinks crime has increased in Allegany County. Ms. Kelley, stated, no, crime is very close compared to 2019, noting that the YTD crime was actually higher in 2019. Ms. Kelley added that it’s hard to draw conclusions and to keep in mind that correlation isn’t causation. Committee Chair Healy stated that his concern lies with victims not reporting crimes because they won’t feel safe knowing the person will be let out, adding that all too often our system looks at the rights of the defendant and weighs those more heavily than they do for the victims. Mr. Healy stated that he understands Ms. Kelley’s point of view and appreciates all she does for the County.
EMERGENCY MANAGEMENT & FIRE
Emergency Management and Fire Director Jeff Luckey attended the meeting and submitted his monthly report to the committee for review. Mr. Luckey briefly highlighted meetings and events he attended.
Electrical Fires
Mr. Luckey addressed the electrical fires that were discussed at the February Public Safety Committee meeting stating they recently met with the group investigating the vehicle in the Town of Burns. There is still no conclusion, and they are thinking about sending it to a lab in Sodus Point. Legislator Decker stated that he found out once the investigators have to get their evidence as quickly as they can because once they leave the scene, they have to get a search warrant if they want to re-visit it. Mr. Luckey stated if they don’t think there is criminal intent, they will get the homeowner’s permission and can re-visit the scene. If they do think there was any criminal activity involved, they have to obtain a search warrant in order to re-visit the scene. Mr. Luckey continued that the incident in the Town of Genesee was ruled accidental so they were invited back in by the insurance companies to work alongside them.
Coronavirus
Mr. Luckey referenced the coronavirus stating from an EMS standpoint, they are advising the general public to use extra precautions; however, coronavirus is no different than any other contagious illness, adding that the flu can kill more people than this virus. Legislator Graves asked if Mr. Luckey feels the media has done the right thing with this virus. Mr. Luckey used a weather analogy stating if you watch local stations, they make the storm seem worse than it’s going to be; however, when you watch the national weather service, it’s not sensationalized.
Emergency Operations Plans for Rural Jurisdictions
Legislator Hopkins referred to an email they received from Bonnie VanHousen regarding an Emergency Operations Plan for Rural Jurisdictions class and asked for more details. Mr. Luckey stated it is a course for emergency plans for rural response areas, and they have a wide variety of people attend. County Administrator Carissa Knapp noted that this course is not something you can just sign up for. The following prerequisites are required prior to taking the course:
- IS-100B Introduction to Incident Command Systems
- IS-200 ICS for Single Resources & Initial Action Incidents
- IS-700 NIMS, An Introduction
- IS-701 NIMS Multiagency Coordination Systems (MACS)
- IS-800 National Response Framework
- An Introduction and IS-235 Emergency Planning
Volunteer Firemen’s Association Appropriation
Mr. Luckey requested a resolution approving an agreement with the Volunteer Firemen’s Association of Allegany County, Inc., for payment of the 2020 Budgetary Appropriation in the amount of $2,000 to be used for expenses incurred for training firefighters in accordance with the provisions of Section 224 of the County Law. Legislator Graves asked if this has been reviewed and approved by the County Administrator, and Ms. Knapp stated, yes. This request was approved on a motion made by Legislator Havey, seconded by Legislator Harris, and carried. Prepare Resolution
Acceptance and Appropriation of DHSES SHSP 19 Grant Funds
Mr. Luckey requested a resolution to accept and appropriate the DHSES SHSP 19 grant. The resolution to apply for the grant was approved by Resolution No. 124-19. The amount of the grant is $52,485, is approved through DHSES, and will be budgeted in 2020 Budget.
Appropriation: Amount:
A3665E.207 Roof Breaching Simulator $ 2,500
A3665E.207 Interoperable Radio $33,185
A3665E.207 EOC Equipment (Tablets) $ 5,300
A3665E.207 MCI and Training Kits $10,700
A3665E.416 Connectivity (Director Cell) $ 800
Total: $52,485
Revenue: Amount:
A3665.E.3306 $52,485
The acceptance and appropriation of the 2019 Homeland Security and Emergency Services SHSP FY2019 grant was approved by Resolution No. 243-19; however, was never included in the 2020 Budget; therefore, a new resolution is needed. This request was approved on a motion made by Legislator Harris, seconded by Legislator Dibble, and carried. Refer to Ways and Means
Acceptance and Appropriation of Emergency Management Performance Grant Funds
Mr. Luckey requested a resolution for the acceptance of the contract for the FY2019 Emergency Management Performance Grant (EM19-1051-D00) in the amount of $22,873 allows for the usage of the funds in 2018-2021. This grant is used to offset salary costs of $14,873 within the Office of Emergency Management in regards to mitigation, preparing, planning, and recovery from man-made and natural disasters. $2,000 to purchase PPE (personal protective equipment), $2,000 for training of the OES staff and $4,000 to offset the cost of rent. Resolution No. 148-19 provided authorization to apply for the Homeland Security FY19 LEMPG grant. This grant is for FY 2019 (Oct.1, 2018 – Sept. 30, 2021) and should be appropriated as follows:
Appropriation: Amount:
A3645.1 (Homeland Security – Personnel) $14,873
A3645.207 (Homeland Security – Equipment) $ 2,000
A3645.405 (Homeland Security – Contractual Expenses) $ 2,000
A3645.414 (Homeland Security – Contractual Expenses) $ 4,000
Total: $22,873
Revenue: Amount:
A3656.3306.EMPG8 $22,873
Legislator Harris questioned this grant being for the 2019 year. Mr. Luckey stated it was budgeted for 2020; however, it should have been approved in November 2019. This request was approved on a motion made by Legislator Dibble, seconded by Legislator Harris, and carried. Refer to Ways and Means
STOP DWI
STOP-DWI Coordinator Brian Perkins attended the meeting and submitted his monthly report to the committee for review. Mr. Perkins briefly highlighted events he attended in the month of February. Committee Chairman Healy asked when the next Youth Court will be held. Mr. Perkins stated it is the third Thursday of the month.
Victim Impact Panel
Mr. Perkins stated their recent quarterly Victim Impact Panel was held with 71 attendees, adding it was one the largest groups they have had. Committee Chairman Healy asked what the current fee is. Mr. Perkins stated $25 for in County sentencing and $40 for out of County sentencing.
Top Cop Dinner
Mr. Perkins stated the Top Cop Dinner will be held Wednesday, March 25, at Off Duty in Belmont, NY, with dinner beginning at 6:00 p.m.
DISTRICT ATTORNEY
District Attorney Keith Slep was unable to attend the meeting but submitted his monthly report to the committee for review.
PROBATION DEPARTMENT
Probation Director Robert Starks attended the meeting and submitted his monthly report to the committee for review and briefly highlighted details of his report. Mr. Starks stated they held interviews for the Youth Court Coordinator position and have hired Kyle Royal who is an Alfred University student who will finish his Bachelor’s degree in May and will stay on and work towards his Master’s.
Request to Transfer Funds
Mr. Starks stated that his department needs to replace one (1) laptop due to its deterioration, and they would like to purchase an HP ProBook 650. Mr. Starks requested permission to transfer funds in the amount $1,500 from A3140.413 (Contractual Expenses) to A3140.201 (Equipment) to cover the costs. This request was approved on a motion made by Legislator Harris, seconded by Legislator Decker, and carried. Prepare Resolution
WEIGHTS & MEASURES
Weights and Measures Director Gilbert Green attended the meeting and submitted his monthly report to the committee for review. Mr. Green stated they are in the middle of the "Weights and Measures Week" which is commemorating over 200 years of Weights and Measures existence.
SHERIFF’S OFFICE
Sheriff Rick Whitney attended the meeting and submitted his monthly reports to the committee for review and briefly highlighted events for the month of February. Sheriff Whitney stated they closed down one of the pods to wax and re-do the floors, adding they will keep rotating them until all of the pods are done. Legislator Hopkins asked how long that will take. Sheriff Whitney stated it took one month to complete the first pod so he anticipates 6 months for all of them.
Radio/Tower Project Update
Sheriff Whitney stated they are still waiting on the Alfred contract to get signed and finished. Legislator Dibble asked what the holdup is. County Administrator Knapp indicated the holdup is on Alfred, and she will call and get an update.
911 Enumeration Project Update
Sheriff Whitney stated the 911 Enumeration Project didn’t see a lot of activity last month as Mr. Hall has been on vacation; however, he is back to work and will be starting back up soon.
Amish Community Transportation
The following letter was read by Legislator Graves and submitted to be reflected in the minutes:
"There is a storm brewing. A different kind of storm than we usually experience, but a storm none the less. One exception is that if we act now, the storm may pass with little notice. Ignoring the storm, letting it simmer and brew into a major event, is what I would like to see this Board avoid. Simply put, I do not believe that the issue I want you to consider will go away on its own. Spring is just around the corner; and, hopefully, so is the tourist season.
‘My father used to call them "road apples." I've heard some call it "horse droppings" or "horse doo." Others have used more descriptive terms I will try and avoid today. My reference is to the Amish communities that have arrived here and their primary means of transportation – horse and buggy. Although some 80,000 people moved out of New York State last year, they are moving here in increasing numbers as their communities develop and can sustain them.
‘Before I continue, I want to make one thing perfectly clear. I respect the Amish and wish them no harm or ill will. They are hardworking, God-fearing, good people who also pay taxes as we all must. I, like many of you, love horses, and I would never want to see one harmed in any way, shape, or form.
‘In local government one of the lessons you learn is the importance of your downtown thoroughfares and Main Streets. The incentive is to bring people downtown, have them enjoy their experience, and hope they spend lots of money doing so. It not only increases our tax revenue – it means jobs and opportunity too.
‘Several of our Villages and Towns have worked hard to preserve and beautify their Main Streets. Some of those who have worked and donated money to enhance their communities consider the piles of horse droppings a slap in the face. The reality is having to dodge "road apples" exiting or entering your vehicle is unpleasant. Having them under your tires when trying to stop is dangerous. The fear is that people will hesitate or re-consider coming to our downtowns if something isn't done about this. It doesn't make our Main Streets pleasant places to visit.
‘Some communities have implemented Amish "muffler laws" that require a device be placed on the horse that will collect the dropping. Some also require the buggy operators, if a muffler isn’t in use, that they clean up the spill. I assume with a broom and dust pan.
‘My first thought, when this issue was brought to my attention, is that we should seek voluntary compliance. Some communities did that with pet excrement and found that although it's a good idea, it just does not work. Other communities have found that it also does not work where horses are involved. Human nature rules. Without some pecuniary penalty, people forget. The Amish are not exempt from this rule.
‘A simple search of the internet tells me that this is a controversial subject. "Muffler Laws" in other jurisdictions around the country have met with opposition and litigation. My hope is that we can avoid that by working cooperatively.
‘I have no resolution or sample law for your consideration today. What I'm asking for is a careful review of this issue, communication with the Amish communities about this and that positive action, including the possible adoption of a law, based on the research and recommendation of our County Attorney.
‘The ground work for communication with them has already been initiated by at least two of our County Departments. The Health Department regarding septic issues and the Sheriff's Office with regard to the referenced "Slow Moving Vehicle" committee. There may be others I’m not aware of.
‘We value the Amish presence in our community, and we respect their values and traditions. All I ask is that they be asked to help us value our communities too."
Legislator Graves stated that you don’t see these kinds of messes in Lancaster, and while he doesn’t want to blow the press up and make it more than it is, he would like to see it taken care of in a manner that will preserve our communities. Committee Chairman Healy stated there are enough laws under the Vehicle and Traffic laws as well as the NYS Ag & Market laws that would pertain to the issue at hand. Legislator Graves stated those laws are severe and come with heavy fines and some with jail time, and he does not want to see them charged with federal offenses as they are building homes. He prefers a slap on the hand or something more similar to a parking ticket. Committee Chairman Healy stated he is hesitant to establish a County-wide law that they are then responsible for enforcing and suggested that the individual Towns and Villages pass their own law if they feel there is a problem. Legislator Dibble made a motion to enter into an Attorney/Client session, and the motion was not seconded. Administrator Knapp stated that Legislator Dibble did ask the County Attorney’s Office to look into this, and there is preliminary research they can discuss in the future.
Adjournment
There being no further business to come before the committee, the meeting was adjourned at 2:25 p.m. following a motion by Legislator Dibble, seconded by Legislator Decker, and carried.
Respectfully submitted,
Meghan Washer, Confidential Secretary
Board of Legislators
