ALLEGANY COUNTY BOARD OF LEGISLATORS ORGANIZATION MEETING JANUARY 5, 2009
** APPROVED **
The organization meeting of the Board of Legislators was called to order at 2:00 p.m. by Clerk of the Board Brenda Rigby Riehle.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge was led by US Army Specialist Joshua Morton.
INVOCATION: Legislator Pullen.
ROLL CALL: 15 Present; 0 Absent.
RESOLUTIONS:
RESOLUTION NO. 1-09
REAPPOINTMENT OF LEGISLATOR CURTIS W. CRANDALL TO CHAIRMANSHIP OF BOARD OF LEGISLATORS; AUTHORITY TO DETERMINE NUMBER OF BOARD MEMBERS ON COMMITTEES
Offered by: Legislator Theodore Hopkins
Pursuant to County Law § 450
RESOLVED:
1. That Legislator Curtis W. Crandall is reappointed Chairman of this Board of Legislators, with term of office commencing immediately and expiring December 31, 2009.
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. Hopkins Adopted: Voice Vote Seconded by: Mr. Pullen Opposed: Kruger
OATH OF OFFICE ADMINISTERED:
Judge James Euken administered the Oath of Office to Chairman Curtis W. Crandall, who was accompanied by his wife, Cathy, following adoption of Resolution No. 1-09. Chairman Crandall assumed leadership of the meeting.
RESOLUTION NO. 2-09
APPOINTMENT OF VICE CHAIRMAN
Offered by: Legislator William M. Hall
Pursuant to Rule 70 of County Board Rules as enacted by Resolution No. 77-89
RESOLVED:
1. That Legislator Brent L. Reynolds 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. Hall Adopted: Voice Vote Seconded by: Mr. Fanton
OATHS OF OFFICE ADMINISTERED:
Judge James Euken administered the Oath of Office to Vice Chairman Brent Reynolds, who was accompanied by his daughter, Kalee, following adoption of Resolution No. 2-09.
Judge Euken administered the Oath of Office to Election Commissioner Elaine Herdman, who was accompanied by her grandson, Wyatt Herdman.
RESOLUTION NO. 3-09
RESOLUTION DIRECTING THE SEQRA REVIEW OF THE COURT FACILITIES PLAN AND COUNTY OFFICE NEEDS PLAN
Offered by: Ways and Means Committee
RESOLVED:
1. That pursuant to the New York State Environmental Quality Review Act Allegany County shall undertake an environmental review of the proposed court facilities/county office needs project.
2. That Allegany County shall act as lead agency in conducting the environmental review.
3. That the Allegany County Administrator is directed to prepare the appropriate Environmental Assessment Form for consideration and action of the entire Board of Legislators.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 12 Ayes, 3 Noes, 0 Absent Voting No: Kruger, Truax, Ungermann
APPOINTMENTS:
The Clerk of the Board announced that Chairman Crandall has made the following appointments:
CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD (Appointed jointly with Crystal Abers, Chairman of the Cattaraugus County Legislature, for a three- year term expiring December 31, 2011): John Stevens Chris Napoleon Kathleen Premo Phil Ghent Cesar Cabrera Mike Hendrix
CORNELL UNIVERSITY COOPERATIVE EXTENSION OF ALLEGANY COUNTY, LEGISLATIVE REPRESENTATIVE MEMBER (Recommendation by Chairman Crandall to their Board of Directors, for a one-year term): David T. Pullen, Fillmore
COMPREHENSIVE PLAN IMPLEMENTATION GROUP (To serve at the pleasure of the Chairman, pursuant to Resolution No. 125-08): Charles Jessup, Alfred Station Frederick Sinclair, Scio Edward Eicher, Wellsville Lee Gridley, Wellsville Theodore L. Hopkins, Fillmore Ronald Stuck, Friendship Ex-Officio Members: Curtis W. Crandall, Chairman of the Board John E. Margeson, County Administrator John E. Foels, Development Director
CROSSROADS DEVELOPMENT ADVISORY COMMITTEE (To serve at the pleasure of the Chairman): Curtis W. Crandall, Chairman of the Board Brent L. Reynolds, Chairman of Ways and Means Committee John E. Margeson, County Administrator Thomas A. Miner, County Attorney Charles Jessup, Chairman of IDA Ex-Officio Members: John E. Foels, Development Director/IDA Director David Roeske, Superintendent of Public Works Daniel A. Spitzer, Attorney for the IDA
EMERGENCY INTERIM SUCCESSOR (To serve at the pleasure of the Chairman): William M. Hall, Alfred
OFFICE OF EMERGENCY SERVICES, DIRECTOR (To serve at the pleasure of the Chairman, in accordance with the provisions of applicable law): John C. Tucker, Belmont
FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY ADMINISTRATIVE BOARD (To serve at the pleasure of the Chairman, pursuant to Local Law No. 2-94. Ronald Truax, as an officer of Allegany County government, will serve as Chairman of the Friendship Empire Zone of Allegany County Administrative Board): Jody Collins, Cuba Robert C. Ellis, Belmont Darwin Fanton, Wellsville Marcia Habberfield, Scio Kevin LaForge, Wellsville Jerry Scott, Cuba Ronald Stuck, Friendship Ronald Truax, Cuba Deborah Clark, Wellsville Michael J. Doyle, Cuba William Zacher, Friendship Susan F. Myers, Friendship
INTER-COUNTY ASSOCIATION OF COUNTY LEGISLATIVE BODIES OF WESTERN NEW YORK, INC. (To serve at the pleasure of the Chairman): Voting Members: Glenn R. Benson, Whitesville William G. Dibble, Little Genesee Brenda Rigby Riehle, Belmont Alternate Voting Members: Timothy O’Grady, Wellsville David T. Pullen, Fillmore
MERCY FLIGHT CIVIC ADVISORY COMMITTEE (To serve at the pleasure of the Chairman): Christine Johnson, Angelica
REGION 9 OPEN SPACE ADVISORY COMMITTEE (To serve at the pleasure of the Chairman): H. Kier Dirlam, Angelica
RESOURCE, CONSERVATION AND DEVELOPMENT BOARD (To serve at the pleasure of the Chairman): County Representative Member: Gretchen T. Gary, Belfast County Alternate: Ronald A. Stuck, Friendship Legislative Member: Norman G. Ungermann, Jr., Cuba Member at Large: Thomas Parmenter, Fillmore
SOLID WASTE HEARING BOARD (To serve at the pleasure of the Chairman, pursuant to Resolution No. 211-04 and Local Law No. 3-04): Dwight R. Fanton, Chairman of Public Works Committee Daniel Russo, District IV Legislator William G. Dibble, District III Legislator Alternates: Michael J. McCormick, District IV Legislator Douglas D. Burdick, District V Legislator
SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED (STOP DWI), COORDINATOR (To serve at the pleasure of the Chairman, pursuant to Vehicle and Traffic Law Section 1197 and Resolution No. 29-82): Deborah Aumick, Rushford
ALLEGANY COUNTY TRANSPORTATION TASK FORCE (To serve at the pleasure of the Chairman): William G. Dibble, Little Genesee William M. Hall, Alfred
The Clerk of the Board announced that Chairman Crandall has made the following appointments, all of which are subject to confirmation by the Board of Legislators:
CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING (Three-year term expiring December 31, 2011): Nancy Rouse, Scio Robert Riber, Alfred Station
ALLEGANY COUNTY PLANNING BOARD (Three-year term expiring December 31, 2011): District II: Robert Ellis, Belmont District III: Wendall Brown, Scio District IV: Kevin LaForge, Wellsville District V: James E. Ninos, Alfred Ex-Officio Members (Annual Appointment): David Roeske, Superintendent of Public Works, Wellsville Terri L. Ross, County Treasurer, Angelica Brent L. Reynolds, Ways & Means Committee Chairman, Alfred Station
VETERANS’ SERVICE AGENCY, DIRECTOR: Harvey Scott Spillane, Wellsville
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
1. Communication was received from the Republican Party members of the Allegany County Board of Legislators recommending that William G. Dibble, District III Legislator, be designated by the Chairman of said Board as Majority Leader for 2009.
2. Communication was received from the Democratic Party member of the Allegany County Board of Legislators recommending that Michael J. McCormick, District IV Legislator, be designated by the Chairman of said Board as Minority Leader for 2009.
3. Notice was given that any legislator wishing to attend the NYSAC Conference in Albany from February 9 through 11 should notify the Clerk of the Board as soon as possible.
4. There will be a special Committee of the Whole meeting at 1:30 p.m. on Monday, January 12, 2009, for the purpose of conducting a SEQR Environmental Review relative to the Court Facilities Project.
CHAIRMAN’S STATEMENT:
“I would like to start my message by humbly thanking my colleagues for selecting me as Chairman of the Allegany County Board of Legislators. It is both an honor and a privilege to serve in this capacity, and it is a position that I accept with utmost sincerity. Once again, I promise to do all I can to help this Board of Legislators not just meet, but exceed the responsibilities each of us pledged when we took office. It is a pleasure to serve and work with each member of this Board.
On behalf of the Allegany County Board of Legislators, there are some thanks and acknowledgements due.
I would like to thank our County Administrator John Margeson for the overall management of County operations, and Clerk of the Board Brenda Riehle for her organizational skills in helping us prepare, conduct, and record our Legislative meetings, along with her able staff.
I would also like to acknowledge and thank all Department Heads and County Employees for their dedication and expertise in meeting the constant demands and challenges of County government. The responsibility of delivering the proper human services, public safety, infrastructure, health, and cultural needs to our citizens, not to mention addressing the mandated demands that are placed on us and balancing these needs in a budget conscious manner for Allegany County residents, is no small task. You handle this responsibility very well.
Acknowledgment and appreciation is also due to all of the citizens who travel, meet, volunteer, and lend their expertise and assistance on a regular basis to our advisory boards, committees, councils, and just plain help out. Hundreds of Allegany County’s finest people devote themselves to causes that help make our community a better place to live. I sincerely thank all our volunteers. This appreciation and thank you would also extend to the men and women in our Volunteer Fire and Rescue units. Nothing could be said to properly express our sincere appreciation for your service.
To our elected officials, not only in County government, but also our representatives on the state and federal level, thank you for your efforts and what you do for Allegany County as well.
Here we are, starting our fourth year together, the last year before the whole Board once again participates in the election process, a process in which the citizens of the County are asked to do their civic duty and elect the next Board of Legislators. Some of us will choose not to run for another term, others will gladly enter the race. As we begin the last leg of this four-year term, I would like to reflect on a few projects and challenges this Board has, and is, dealing with, and see where we stand. To only report on what has happened in 2008 and project into 2009 and not look at our full term, I believe would be difficult, and not give an accurate picture.
In year one together, 2006, we were honored to be sitting in these seats as Allegany County celebrated our bicentennial, an easy and rewarding task, a true historical event in which we were able to take part in the many festivities with our friends and neighbors. This was a pleasurable and less intimidating responsibility than some others that would soon come along.
That same year, we cut the ribbon and opened the new Jail and Public Safety Facility. This project was initiated before two-thirds of this Board took office, but we were the first Board charged with the operation of the facility, a project that has proven to go as planned, with revenues from housing-in prisoners covering the cost of the debt service of $1.6 million annually for the facility. This has been achieved under the fine leadership of Sheriff William Tompkins, who also took office in 2006, and the able staff under his command. The Sheriff has recently added some hands-on programs, which shed some proactive, positive publicity on Allegany County with his Inmate Gardening Program and Inmate Pheasant Release Program. Thank you, Sheriff Tompkins.
Medicaid’s local share was “capped” at $8.5 million. It still grows, but at a lesser rate, and is now over $9 million for 2009. It remains a major player in our local tax effort and a subject that still weighs heavily between the counties and New York State.
Our first year marked the year that the finances for the County had truly ended with a fund balance that put us in the black and brought us out of the budget deficits the County had seen in the past. Allegany County had reached a deficit of close to $4 million a couple years before we took office, and the deficit was at $900,000 when we began in 2006.
Today, by keeping the financial plan on track and by working and monitoring the budget year- round, our fund balance is close to $3 million to the good, and it appears that when the books are closed and audited for 2008, we will once again end the year in the black and add to those fund balances. The County Treasurer Terri Ross is to be commended with her ongoing efforts in helping the Budget Committee monitor and understand our financials and anticipate the proper moves and adjustments to make. This monitoring will be more important than ever in 2009 as we face the yet unknown financial impact from New York State and the federal government.
The New York State Executive Budget from Governor Paterson has two parts. The first calls for a $1.7 billion deficit reduction in the 2008-2009 budget. The Governor is asking the State Legislature to close this gap by February 1 of this year, and has laid out plans on how he feels this can be accomplished.
The second part of Governor Paterson’s plan forecasts a $13.7 billion deficit for the 2009– 2010 state budget, and the Governor is asking the Legislature to address this by March 1 of this year. To do this he is proposing $9.5 billion in cuts and $4.9 billion in revenue actions.
The Governor is only part of the financial equation of the budget in New York State; the other factors are the Assembly and the Senate. However this plays out, it is certain to have an impact on Allegany County and the services we provide. The common cry from counties across New York to Albany, and one that I share, is, Do not just reduce state funding to programs that we are required to provide and shift the tax burden to the local level; New York needs to take a serious look at the programs. To plagiarize a phrase from a NYSAC (New York State Association of Counties) meeting in Niagara Falls this past fall, that is quite meaningful when you stop and think about it, I quote, “New York State cannot afford to let a good financial crisis go to waste.” In other words, New York, let’s take advantage of the financial times and reduce state government, which surely would trickle down to the local level. Bring New York into line with other states and let’s be competitive.
We had barely begun our term in office together when we received a visit from the Office of Court Administration and their “fix it or else” message of June 2006. Having to concentrate efforts in complying with requirements laid out in state legislation back in 1987 under the Court Facilities Plan Act, since it had not been properly addressed before our term began, has been a challenge and frustrating to say the least. Our Board Rules were changed and a special committee was established to devote the proper time and resources necessary for this project. I have made clear my position on the subject, and in the near future, I hope that this requirement can be put behind us and equal effort can be spent on other ventures. When the roll-call vote is taken to fund this project, I remain confident that this Board of Legislators will make the right decision. Like other major projects Allegany County has dealt with, this will be behind us, and will be another benchmark in the timeline of our County’s history. An interesting twist to this project may be the stimulus-funding program that is being worked on. Could this project qualify? We will see.
Looking on the brighter side of the Court Facilities and Space Needs Committee and the “silver lining” (pun intended) to some of their work is the plan to improve the physical location and workspace needs of the Office for the Aging. After looking at several options, the committee has laid out plans to increase accessibility to this department, along with our Veterans’ Service Agency, in anticipation of, and just in time for, the much-publicized “Baby Boom Wave” of retirees. Kim Toot, Director of the Office for the Aging, and her staff have done well with what they have had, and we all look forward to the new, and past due, improvements to this department and the benefits they will have on our Seniors and Veterans.
Another looming issue to deal with, whose time is limited, is our Landfill. This will soon be full and alternative methods are needed now. Our Public Works Department has done an excellent job in outlining and narrowing down our options. The time for hard decisions has come, and I feel these decisions should be shouldered by this Board, and not let them carry over to the next.
Sustainable Economic Development Projects. At our first official meeting, the Organization Meeting of 2006, I stated Economic Development as a goal I had for this Board. I am proud to say that in a couple of short years, and despite efforts being focused on other unplanned, mandated projects, this development friendly Board has made strides that others, who have served before us, just talked about.
Each member of this Board of Legislators is to be commended for his part in the adoption of Allegany County’s first Comprehensive Plan in 2008. Under the able direction of Charles Jessup, the Comprehensive Plan Committee delivered a collective vision for the development of Allegany County, not only in record time, but also on a shoestring budget. The quality of the plan can be compared to, and stand up to, plans that cost hundreds of thousands of dollars.
A plan that sits on a shelf in a three-ring binder, and is not utilized, is worthless; therefore, after the adoption of the plan, the Board authorized the Allegany County Comprehensive Plan Implementation Group to jump-start the plan.
Some of the goals outlined in the Comprehensive Plan were implemented and under way before the plan was officially adopted, such as the successful launch of the Greater Allegany County Chamber of Commerce. The new County-wide Chamber has a complete board of directors and full slate of officers, with Brian Loucks as President. This will give us County- wide focus for the business community. We certainly wish the Chamber well, and as the Board of Legislators, we should do all we can to promote this organization and contribute to their success.
To address public transportation for Allegany County, the Transportation Task Force was created to completely review and restructure important components of this service so it properly meets the needs of our citizens in a fiscally responsible manner.
In 2006, when we began, development of what is known as the Crossroads Project was in its early talking stage. This Board has taken the project to “shovel ready” with engineering and municipal agreements in place and lacking only the funds needed and official approval to proceed. I would like to thank the Town of Friendship for their shared vision and partnership on this project. An interesting footnote may be able to be added to the history of this project as well. “Shovel-ready, sustainable, economic development projects” is a term used to describe the type of projects the proposed “Stimulus Package” is looking for. Is Allegany County at the right time and place for a financial break in the way of development? Time will tell on this also.
There is so much going on in the way of economic development and yet so much to do. Main Street Redevelopment Projects are going on around the County, with Belmont’s Fountain Arts Project, Cuba’s “Restore New York” grant for the Keller Theater, Wellsville’s surging Creative Arts Center, and the huge investment made in the restoration of Howe Library.
In Angelica a large investment in green energy was made with the landfill/methane electrical generation plant now tied into the electrical grid.
We have seen continued investment and steady employment within our collective business sectors. Alstom Power has completed their $20 million expansion and has exceeded their projected new employment objectives. Friendship Dairies, now part of Dean Foods of Dallas, Texas, embarked on a multi-million dollar expansion and is also creating new employment opportunities.
I am in constant contact with Director of Development John Foels, and I wish to thank John for the work he does. Many times this is a behind-the-scenes position with front-page results, and the work being done today may not show up and be news for several months or years to come.
The work being done at the quote, “new,” Crossroads Development Center should be acknowledged. The acquisition of the facility by the IDA along with the support necessary by the Houghton Foundation is why I use the term “new.”
Since the purchase, IDA has begun plans for the first phase of expansion, which includes room for Senior and Veterans’ Services that I referenced earlier, in addition to its existing one-stop center for business services, which now includes the Southern Tier Office for Empire State Development. To have an office of Empire State Development located within our County is truly a great asset. This is New York State’s lead economic development agency whose mission is to start-up, re-locate, expand, and retain business in New York.
I remain confident and optimistic for the future of Allegany County.
I will close with a comment I made in 2007, since this has been a blend of both looking back and looking forward, and I believe it to be an accurate statement, maybe more so today than in 2007. The statement is this: Our terms as legislators will certainly add an interesting chapter to the history book of Allegany County; it will be a good, positive chapter. This Board of Legislators has been handed some major issues and events to deal with. I believe it was for a reason – because we can deal with them.
Thank You.”
Curt Crandall, Chairman Allegany County Board of Legislators
Chairman Crandall distributed copies of his assignments to the STANDING COMMITTEES OF THE BOARD OF LEGISLATORS. (Assignments are as follows; Chairmen and Vice Chairmen are listed first):
COURT FACILITIES AND COUNTY SPACE NEEDS: Pullen, Hall, Benson, Fanton, Hopkins, O’Grady HUMAN SERVICES: Truax, Russo, Burdick, Dibble, Kruger, Reynolds PERSONNEL: Hall, Burdick, Benson, Fanton, Pullen, Russo, Ungermann NEGOTIATIONS AD HOC (Sub-Committee of Personnel; Liaison between the County’s negotiating team and the Personnel Committee): Pullen, O’Grady, Russo PUBLIC SAFETY: Dibble, Benson, Burdick, Kruger, McCormick, Reynolds PUBLIC WORKS: Fanton, O’Grady, Hopkins, McCormick, Reynolds, Ungermann WAYS & MEANS: Reynolds, Hopkins, Dibble, Fanton, Hall, McCormick, Pullen, Truax BUDGET (Sub-Committee of Ways & Means): Hopkins, Fanton, Dibble, Hall, O’Grady
CHAIRMAN’S PRESENTATION OF CERTIFICATE:
Chairman Crandall requested that Specialist 4 Joshua Morton, Medic, United States Army, come forward for a presentation. Josh is a 2003 graduate of Belfast School. He went to boot camp at Fort Leonard Wood, Missouri; completed Advanced Training as a combat medic at Fort Sam Houston, Texas; was deployed to both Germany and Irag; and will soon be headed for Redstone Arsenal, Alabama. The Chairman has decided to implement a program to honor Allegany County veterans by inviting them to lead in the Pledge of Allegiance at some of the Board meetings. He knew that Josh Morton was home on leave and felt this was a good way to start the program. Chairman Crandall questioned if we ever stop to think about all of the privileges we have while reciting the Pledge. That’s why he asked Josh to come in to participate; not so much for Josh, but for what he represents. Josh represents a cross-section of young men and women serving their country so that we can have the privileges of being able to meet like this, to say the Pledge of Allegiance, and to participate in the process of government. Chairman Crandall presented Josh with a certificate of appreciation and an Allegany County pin, and he ended the presentation with a recording on the American Flag by Johnny Cash.
ADJOURNMENT: The meeting was adjourned at 2:40 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Hall and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION JANUARY 12, 2009
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Veteran who led in the Pledge of Allegiance was Michael D. Spath, Retired US Navy Chief Legalman and employee of the County Attorney's Office.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 15 Present; 0 Absent.
APPROVAL OF MINUTES:
The Board meeting minutes of December 22, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Hopkins and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Michael D. Spath, retired U.S. Navy Chief Legalman, in grateful appreciation of over twenty years of service to our country. Mr. Spath is the second in a hopefully long-term tradition of having a Veteran lead in the Pledge of Allegiance to the Flag at Board meetings, giving more meaning to the action and what it means to all of us. Mike served in the United States Navy from March 1966 through July 1986, earning many certificates and awards, including four Good Conduct Awards, three Honorable Discharge Certificates, U.S. Navy Good Conduct Medal with three stars, Meritorious Unit Commendation Medal, and National Defense Service Medal. After his retirement, Mike returned to Angelica and was employed with the Angelica Spring Factory and the Angelica School before beginning his employment with the Allegany County Attorney's Office in May 1987.
Susan O’Rorke, NYMIR Marketing Director, addressed the Board regarding their Subscriber/Member Capital Distribution Initiative. NYMIR is a non-profit, statewide property and casualty insurance program existing solely to insure New York State's local governments. It provides municipal insurance coverage for 22 counties and 566 other local governments. The state requires that a capitalization fee be paid over five years by insured members. Because NYMIR and its members have held to the course of sound risk management, underwriting discipline, and a conservative investment philosophy, they are in a very strong position with a healthy surplus and have decided to initiate a capital return program. Ms. O'Rorke presented the County with a check for $22,872.60, the first of three installments over the next three years, amounting to 75 percent of the County's initial capital contribution. Ms. O'Rorke also recognized insurance partners from Richardson and Stout, Rich Ewell and Ian Whitehouse, for their expertise, and thanked the County for their ownership role in this collaborative insurance endeavor.
Rondus Miller, Town of Hume Historian, and Nancy Gillette, a volunteer at the town's museum, presented information on Allegany County Historical Calendars, the first project undertaken by the County's History Preservation Roundtable. This group was organized as a way of sharing information, concerns, and ideas between town historians, historical society members, and other interested citizens to preserve the County’s rich history. The calendars contain photos and data encompassing the history of the entire County. Organizers enlisted the assistance of County Historian Craig Braack to ensure that all 29 towns in the County were represented. Each day in the calendar includes something that happened within the County. Quite appropriately, considering the bond resolution to be voted on at today's Board meeting, the entry for January 13 was from 1938 – "money appropriated for new courthouse." The calendars were completed and printed within just five and one-half weeks, and are available from town historians and members of the History Preservation Roundtable of Allegany County.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
1. Placed on each legislator’s desk was a copy of the Organization Meeting minutes of January 5, 2009 for review.
2. Notification was received that the Personnel Committee appointed Douglas A. Dillon as Executive Secretary of the Allegany County Mutual Self-Insurance Plan for 2009.
3. Correspondence was received from Ronald Younkins, Chief of Operations for the NYS Unified Court System, reiterating that they will not reverse their rejection of the proposal to provide additional space for the courts by renovating the former County jail. The letter further indicates that Chief Administrative Judge Ann Pfau is prepared to approve the County’s Plan that was submitted in July once an updated project schedule and bonding resolution are forwarded, and any further delays will result in the imposition of financial sanctions against the County. (Copies of this letter were distributed to all legislators on December 22 along with a memo from the Chairman.)
4. Correspondence was received from Sandra Sheldon of Fillmore urging the Legislators to say “No” to New York State and “No” to any Courthouse plan.
5. Correspondence was received inviting legislators to attend Alfred State College’s annual Legislators’ Afternoon on Tuesday, January 20. The program will highlight the College’s “green collar” workforce initiatives. (This program was subsequently postponed.)
6. Notice was received that the next Fire Advisory Board meeting will be held on Thursday, January 22, at 8 p.m. in Room 122 at the Public Safety Facility.
7. Correspondence was received from Patrick Hooker, Commissioner of NYS Agriculture and Markets, regarding our Resolution No. 204-08, a district review plan to modify Allegany County Agricultural District No. 1. The letter certifies that: (A) The District is eligible for redistricting. (B) The District consists predominantly of viable agricultural land. (C) The plan of the District is feasible. (D) The District will serve the public interest by assisting in maintaining a viable agricultural industry within the District and the State.
8. Correspondence was received from NYSAC, along with their first edition of Economy Watch, a monthly summary of the major indicators describing the current state of New York's economy.
APPOINTMENTS:
Chairman Crandall has appointed the following as members of the ALLEGANY COUNTY CITIZENS ADVISORY COMMITTEE ON TOURISM, to serve at his pleasure: Elaine Hardman, Wellsville Donald Cameron, Alfred Station Lee James, Cuba Lee Gridley, Wellsville Joel Kassirer, Angelica Craig Smith, Fillmore Steve Havey, Wellsville Marie Willard, Caneadea Larry Short, Belfast
Chairman Crandall has appointed the following as members of the ALLEGANY COUNTY DEVELOPMENT ADVISORY BOARD, effective immediately, to serve at his pleasure, subject to confirmation by the Board of Legislators: Education: Deborah Clark, Alfred Agriculture: Gretchen Gary, Belmont Forests: John Corneby, Whitesville Recreation/Tourism: Craig Braack, Belmont Industry: Raymond DeTine, Belmont Barbara Deming, Cuba Steve Havey, Wellsville Utilities: Frederic Marks, Almond Small Business: William Hart, Wellsville Banking: Linda Clayson, Belmont Real Estate: William Shuler, Cuba At-Large: Fred Sinclair, Scio Zena Andrus, Andover Gretchen Hanchett, Belmont
Chairman Crandall has appointed Phil May of Wellsville as the Landowner Representative Member of the REGION 9 FISH AND WILDLIFE MANAGEMENT BOARD, for a term of two years, commencing January 1, 2009, and expiring December 31, 2010, subject to confirmation by the Board of Legislators.
Chairman Crandall has appointed Gilbert Childs of Richburg to fill Derwood Say's unexpired two-year term as the Sportsmen's Representative Member of the REGION 9 FISH AND WILDLIFE MANAGEMENT BOARD, for a term expiring December 31, 2009, subject to confirmation by the Board of Legislators.
Chairman Crandall, in a joint measure with Crystal Abers, Chairman of the Cattaraugus County Board of Legislators, has appointed the following to serve on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD YOUTH COUNCIL for a two-year term expiring December 31, 2010: Vicki Livermore, Cassadaga Job Corps, Cassadaga Becky Scott, Literacy West NY, Belmont Erin Schwab, Cattaraugus Community Action, Salamanca Jason Huffman, WIB Member Liaison, Cooper Power Systems, Olean
RESOLUTIONS:
Resolution Intro. No. 19-09 (Designation of Allegany County as Lead Agency and Determination of No Significant Impact with Respect to the Court Facilities Plan together with the County Office Needs Plan) was considered out of order following a motion made by Legislator Pullen, seconded by Legislator Dibble and carried.
Resolution Intro. No. 19-09 was not pre-filed and was considered from the floor on a motion made by Legislator Pullen, seconded by Legislator Fanton and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
Resolution Intro. No. 19-09 was amended on a motion made by Legislator Pullen, seconded by Legislator Dibble and carried to change "Type II Action" to "Unlisted Action" in Resolved No. 2 and No. 3.
RESOLUTION NO. 4-09
DESIGNATION OF ALLEGANY COUNTY AS LEAD AGENCY AND DETERMINATION OF NO SIGNIFICANT IMPACT WITH RESPECT TO THE COURT FACILITIES PLAN TOGETHER WITH THE COUNTY OFFICE NEEDS PLAN
Offered by: Court Facilities and County Space Needs Committee
WHEREAS, the County of Allegany as lead agency acting through its Committee of the Whole conducted an environmental review of a “proposed action” consisting of the construction of new courthouse facility space and renovation of existing courthouse space, together with the renovation of existing County office facilities and either improvements to existing County facilities or the construction of new County office facility space for County office purposes, and
WHEREAS, there was no objection received from other interested parties as to Allegany County assuming lead agency status, and
WHEREAS, the Committee of the Whole determined that the new construction elements of the proposed action constituted “Unlisted Actions” for purposes of the State Environmental Quality Review Act (“SEQR”) which will not result in any significant adverse environmental effects, and the reconstruction and renovation components constitute Type II Actions for purposes of SEQR which by definition have no significant environmental effects, and
WHEREAS, the Committee of the Whole directed filing of a Notice of Determination of Non-Significance, now therefore, be it
RESOLVED:
1. That this Board confirms the action of the Committee of the Whole and declares that the County of Allegany is the lead agency for the proposed project.
2. That the lead agency determines that this Unlisted Action will not have a significant impact because of the small scale of the project.
3. That as lead agency, the County of Allegany issues a Negative Declaration for this Unlisted Action, and that this Notice of Determination of Non-Significance will be sent to the Town of Amity and Village of Belmont, all involved agencies, and to appropriate state agencies.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Pullen 10 Ayes, 5 Noes, 0 Absent Voting No: Kruger, McCormick, Russo, Truax, Ungermann
Resolution Intro. No. 4-09 (Bond Resolution Dated January 12, 2009. A Resolution Authorizing the Construction of a New Court Facility, Improvements to the Existing Court Facility Space, and Either Improvements to Existing County Office Facilities or the Construction of a New Office Facility in and for the County of Allegany, New York, at a Maximum Estimated Cost of $18,684,000 and Authorizing the Issuance of $18,684,000 Bonds of Said County to Pay the Cost thereof) was amended on a motion made by Legislator Burdick, seconded by Legislator O'Grady and carried on a roll call vote of 10 Ayes, 5 Noes, 0 Absent, to change the estimated cost and the bond amount from $18,684,000 to $13,787,000, and also to eliminate wording regarding improvements to or construction of County office facilities.
RESOLUTION NO. 5-09
BOND RESOLUTION DATED JANUARY 12, 2009
A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A NEW COURT FACILITY AND IMPROVEMENTS TO THE EXISTING COURT FACILITY SPACE IN AND FOR THE COUNTY OF ALLEGANY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $13,787,000 AND AUTHORIZING THE ISSUANCE OF $13,787,000 BONDS OF SAID COUNTY TO PAY THE COST THEREOF
Offered by: Ways and Means Committee
WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and
WHEREAS, it is now desired to authorize the financing of such capital projects, NOW, THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less than two-thirds 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 court facility contiguous to the existing County building in Belmont and improvements to the existing court facility all in and for the County of Allegany, New York, including site improvements, original furnishings, machinery, equipment, apparatus, appurtenances and incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $13,787,000.
Section 2. The new construction components of the project have been determined to be "Unlisted Actions" for purposes of the State Environmental Quality Review Act ("SEQR") which will not result in any significant adverse environmental effects. The reconstruction components have been determined to constitute Type II Actions for purposes of SEQR which by definition have no significant environmental effects.
Section 3. The plan for the financing of such maximum estimated cost shall consist of the issuance of not exceeding $13,787,000 bonds of said County hereby authorized to be issued pursuant to the provisions of the Local Finance Law.
Section 4. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty-five years, pursuant to subdivision 93 of paragraph a of Section 11.00 of the Local Finance Law.
Section 5. 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 6. 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 7. 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 8. 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 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are 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 10. 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 in violation of the provisions of the Constitution.
Section 11. This resolution, which takes effect immediately, shall be published in summary form in the Wellsville Daily Reporter and the Cuba Patriot & Free Press, 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. Pullen Adopted: Roll Call Seconded by: Mr. Reynolds 10 Ayes, 5 Noes, 0 Absent Voting No: Kruger, McCormick, Russo, Truax, Ungermann
Comments made regarding Resolution No. 5-09:
Following his motion to amend the resolution (see above), Mr. Burdick commented that the issue started as a courthouse project, and somewhere along the line County Office Building renovations were added. He doesn't believe the taxpayers can afford it.
Mr. Kruger stated that he understood the efforts to contain spending to only the Court Facility Project itself, however, he has voiced concern about the parking problem numerous times and has yet to hear an answer. The solution is not going to be free. He will not support the project in any form, as he felt we should have started with an alternative and let it be rejected.
Mr. McCormick recognized the efforts of the Court Facilities and County Space Needs Committee, but felt that all work outside of the court facilities issue should be stricken. Mr. Pullen responded that there were countless hours spent on the other work, and it can’t all be ignored. The work was valuable and will have to be considered; but for bond resolution purposes, right now we are not considering anything other than court needs. Mr. Pullen felt everything should be included, but since a two-thirds vote is needed to proceed, and we heard the consequences of inaction, we need to do what will garner the vote.
Mr. Ungermann noted that several months ago, Mr. Pullen brought to the Board's attention that Niagara County was given the distinction of being the highest taxed county in the state with 3.7 percent of their residents' income going to taxes, while Allegany County is paying more in the neighborhood of 7 percent. This is the same person now pushing this project, saying the bond is like the mortgage we all have on our homes, putting each of us further in debt. The federal government is proposing a trillion dollar bail-out package to prevent failed mortgages, and the State of New York has their hand out because they can't get their house in order either.
Mr. Ungermann stated that we have a choice today: to ride the same political backdoor rail that gave us the new jail, gave away 56,000 square feet of floor space in an old school for $1, and bought another old school for a mere $400,000. We have a choice to bond $14 million for court facilities and give a $5 million blank check to leadership to spend with a simple majority vote. We have a choice to bond $18.64 million for an unfinished building with no parking, which LaBella readily admits will not solve all our space needs. A bond that may well run to $25 to $30 million before all is said and done, raising our debt total to $60 million or more. How much will it cost to operate this new building, and how many more people will it take to maintain it? Our other choice is to say "No" to the state and tell them we'll give them the open space we already have, which more than doubles the existing court space, along with $4.1 million to fix it up as proposed in Resolution Intro. No. 238-08.
Mr. Ungermann quoted from Rules of the Chief Judge, Part 34, Guidelines for New York State Court Facilities: "In the exercise of responsibility for supervision of the administration and operation of the Unified Court System, the Chief Administrator of the Courts shall encourage, whenever possible and insofar as practicable, compliance with the guidelines for New York State court facilities set forth." Mr. Ungermann believes the courts could be moved into the former jail space within a year or less. It meets all square footage requirements. Examples were given from Clark Patterson Associates' review of the third floor space in comparison with OCA guidelines. The space may not be perfect, and we may still get sanctioned, but the sanction letter would be followed by the opportunity for mediation.
Mr. Ungermann read an excerpt from the law about the mediation process: "Mediation shall consist of expedited proceedings to effectuate the voluntary resolution of any dispute between the Court Facilities Capital Review Board and a political subdivision concerning approval of a capital plan pursuant to section 1680-c of the Public Authorities Law or the Chief Administrator's determination pursuant to paragraph (a) of subdivision 3 of section 39 of this article… In mediating the dispute, the mediator shall take into consideration, in addition to any other relevant factors, the political subdivision's legal obligation under section 39 of this article to provide goods, services and facilities suitable and sufficient for the transaction of business, and the financial ability of the political subdivision to pay for the goods, services and facilities in light of the totality of its needs and the resources available."
Mr. Ungermann referred to a cartoon he distributed illustrating the Court Facilities Committee Chairman looking in at Allegany County's children and grandchildren in debtors' prison, and stated that this will be a reality. Also, many of our children are leaving. He received a call from a constituent, a large employer, whose total tax bill is over $600,000 per year. We can’t keep driving our people out of the County. We need to find a middle ground.
Mr. Kruger commented that we are doing the taxpayers a disservice if we do not allow them the opportunity to have a mediator look at the project and our finances to make a determination on whether or not we can afford this. The bond is for 25 years, but it’s really forever, because when property taxes have been raised in the past to finance a bond, they weren’t lowered by that amount when the bond was paid off. The residents of Friendship will be paying a disproportionate share of the expense. Mr. Kruger has not had one call from a District II resident in support of the bond, but many calls in opposition. He's doing his best to represent his constituents. A mediator could change the entire picture. If we approve this bond resolution, we take away the last opportunity to save our taxpayers.
Mr. O’Grady noted that the Court Facilities and County Space Needs Committee has looked at many options before finally settling on this proposal, which was adopted by the Board as the official County Court Facilities Plan. It was sent to OCA for approval, and is presently awaiting a funding resolution in the amount of $13.78 million. The committee was also charged with resolving County office space needs and recommended renovating the jail floor and making minor renovations to the other floors at a cost of about $4.8 million. There are several legislators who support the entire plan, but some wanted the projects separated. Mr. O’Grady has been back and forth on the issue, however, realizing that the bond resolution would require ten votes, and hearing the consequences of failure, he agreed with the amendment to separate the issues.
Mr. Reynolds commented that the public needs to be aware that those legislators voting in favor of the bond are not in favor of spending the money. He would be pleased to be able to approve the less expensive Ungermann plan, but the resulting sanction would carry a heavy price. The loss of state aid would devastate the County, resulting in a 50 percent increase in taxes to meet operating expenses. Mr. Reynolds agrees with Mr. Ungermann’s philosophy, but the state said “No.” He also noted that the mediator Mr. Ungermann and Mr. Kruger referred to is not an arbitrator. They make no conclusion; the state still makes the decision. The consequences for the County if we fail to pass this bond would be devastating.
Mr. Hopkins commented on what would happen without the $14 million state aid if it was sanctioned. Presently, $25 million is spent on programs that we have control of. The state would take $14 million in one year, money that would have to be made up by deciding what programs to cut. We can’t cut solid waste, E-911, or highway, so it comes down to areas like Office for the Aging, Development, Veterans’ Services, and Soil and Water. These services would have to be eliminated for one year. How do you do that? How can you cut services for the elderly and those with lower incomes? The other problem is that we can’t raise taxes enough to cover the shortfall due to the constitutional taxing limits. Do we go through the process to request that the limits be raised? There really is no choice. Interception of state aid will be devastating to the County. It would take a long time, possibly twenty years, to get back where we should be. Jobs would be gone. None of us wants to do this, but the alternatives would devastate the County.
Mr. Pullen commented that the committee has gone through exhaustive examination of what could be done. Some options cost $30 million. Although the $14 million will also be crushing, it could be worse. Originally the plan was estimated at $21 million, then was reduced to $18.6 million, and now we’re looking at an amended $13,787,000. Mr. Ungermann proposed an alternative which we heard would cost $4-5 million, but the estimate proposed by Clark Patterson on the three-component plan that was taken to New York City for review was $14.4 million, as opposed to the $13.787 million for the project being considered today. The cheapest option is this one. Mr. Pullen stated that he didn’t know where the lower numbers came from, but there is also the issue that the alternate plan was not approvable. It includes two separate court facilities, requires two security checkpoints, and would be more expensive to maintain. The other problem that OCA found objectionable was that the alternate plan didn’t address the issue of segregated traffic circulation, which could only be dealt with by employing additional security personnel, increasing costs for the duration. The cheapest option is the current plan, and that has been verified by architectural professionals. The parking issues would have been identical with Mr. Ungermann’s proposal. Mr. Pullen also addressed the concerns being voiced about parking. Increased parking is being investigated, but negotiations are on-going. A feasible alternative will be looked at as we move forward.
Mr. McCormick referred to Mr. Margeson’s presentation on December 3 which included the financed principle of $13.7 million. We also have to consider the interest on that. The courts will subsidize some of the interest expense, but it still leaves Allegany County with another $10.4 million in interest on a 25-year note. Mr. McCormick would be more willing to accept this bond issue if the County would put forth some of its own money in order to reduce the initial outlay. Mr. Pullen spoke last week about mortgages, but mortgages aren’t written for 100 percent of financing. If the Board could come up with 10 percent, we’d be that much further ahead. The County presently has a $2.9 million fund balance, a contingent fund budget of $710,000, and we could cut some of the non-mandated programs and expenses, such as Rushford Beach, the Fair, Cooperative Extension, and the Mental Health Drop-In Center.
Mr. Russo noted that most of his points had already been made by Mr. Ungermann and Mr. McCormick. He added that last year, the national economy began its down-turn, resulting in job losses and mortgage foreclosures, and the stock market is wiping out the retirement savings of the elderly. Further increasing the tax rate would be a big disservice to our County residents.
Mr. Dibble noted that there are 62 counties in the state, and 61 have complied. He is not fond of the idea of building or spending either, but there is no alternative. We have to move forward this month or face a sanction of $14 million, which will be devastating to the County.
Mr. Truax commented that this is not a bad time to be the last man standing. The Board voted the court facilities issue down 15 years ago, and he has not changed his mind since then. The County still cannot afford it. Mr. Truax clarified that Mr. Ungermann’s plan was a three-part plan, and it included the school building that we gave away, but we cannot afford $13 million.
Chairman Crandall requested that Vice Chairman Reynolds take the Chair to allow him to make the following statement:
“I would like to thank the Board for all the time, research, energy, and genuine concern that has gone into such an important issue for Allegany County. But that is not what I took the floor for; I could have said that from the dais. I have asked for the floor so that I can take a position in this debate, which would be inappropriate from the Chair.
Over the past three years, this Board has heard the history of our County as it relates to the Court Facilities Act of 1987. We have learned that Allegany County is the last county in New York State to address the deficiencies of our Courthouse, as outlined in this law. We even questioned whether or not the wording of this legislation kept up with the times, and wondered if Allegany County could somehow be spared such a financial burden, by a legal loophole – NO SUCH LUCK!
Since June 26, 2006, when William Clark, Counsel for Capital Planning for the Office of Court Administration, stood in this chamber, drew a line in the sand, and delivered a message that time had come to submit and act on an acceptable Capital Plan for Allegany County, or face financial sanctions, contained in State Law, this Board has worked diligently to comply. We recognized our responsibility to take the position of the Office of Court Administration seriously, and we did.
We all know of the many options that have been looked at, and debated, since June 2006. We remember the discussions that have taken place to reduce the size and cost of the project, yet still keep it acceptable. Not acceptable to us, but acceptable to the Capital Review Board and the NYS Unified Court System Chief Administrative Judge Ann Pfau. We have taken trips to Manhattan, visited other court facilities in New York State, have seen numerous Power Point presentations, looked at financial information, and poured over pages of drawings and floor plans.
Gentlemen – The time has come.
Although, I support a more comprehensive plan that addresses space and operational issues beyond the Courthouse, the time to commit with our legal obligation, and to comply with New York State Law and the Court Facilities Act, is here.
The passage of this bond resolution today, along with a project schedule sent to the Office of Court Administration, will avert the financial sanctions against Allegany County – The Choice is Ours.
I use the word “Choice” a little tongue–in–cheek, for there is no real choice today. In recent correspondence from the Office of Court Administration, it was stated that any further delay in completing this plan, and advancing it in accordance with its terms, will lead to the imposition of financial sanctions against Allegany County.
Mr. Clark visited us again last Thursday night, to once again be sure we were clear on their position, and to state that further delay would not be tolerated. To further drive home the importance of this resolution, I had a personal conversation with Chief Administrative Judge Ann Pfau on Wednesday of last week (January 7). Her message in that conversation was that Allegany County needs to take action and provide the financing necessary for this project by the end of this month. If favorable action is not taken this month, the Judge is prepared to proceed with the sanction process on February 1.
At a committee meeting several months ago, I was asked if I really felt there was support by this Board for a bond resolution to fund the Court Facilities Project. My answer to the question was, not only do I feel there would be support, but the vote would be 15 – 0. If you recall, that answer drew snickers and negative comments from some of my colleagues. Given an opportunity to explain myself, I said that once this Board was given the facts and alternatives, the bond resolution would pass 15 – 0. In light of the alternative of being sanctioned, and the devastating effect this would have on services in Allegany County, I believe my answer to be more accurate today than it was a couple of months ago.
In fact, I would like to take that statement a step further today, and say that any legislator who votes “No” on this bond resolution is clearly taking an irresponsible stand, and a position that can be motivated only by political and self interest. I hope any dissenting votes are recorded loud and clear and the implications that they represent be known to the citizens of Allegany County.
I will be voting “Yes” on this resolution and will be disappointed if the tally is not 15 - 0.”
RESOLUTION NO. 6-09
RESOLUTION ENCOURAGING THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO QUICKLY COMPLETE ITS ENVIRONMENTAL REVIEW OF NATURAL GAS DRILLING IN THE MARCELLUS SHALE AND LIFTING OF THE DRILLING MORATORIUM
Offered by: Ways and Means Committee
WHEREAS, Allegany County faces severe economic challenges which have only become more acute due to the recent worldwide economic crisis, and
WHEREAS, there now exists an opportunity for significant economic development through the proper exploitation of natural gas within the Marcellus Shale region underlying Allegany County and much of New York State's Southern Tier, and
WHEREAS, in order to encourage the development of such natural gas resources and compete effectively with other states, New York State's regulatory environment needs to be able to act quickly in its permitting process as it pertains to well drilling, and
WHEREAS, the New York State Department of Environmental Conservation has already shown itself capable of protecting the environmental interests of New York State residents, and
WHEREAS, the economic cost from lost gas drilling, lost gas production, lost ancillary jobs and lost tax revenue far outweigh any environmental benefit from a prolonged environmental review of gas drilling in the Marcellus Shale, and
WHEREAS, the New York State Department of Environmental Conservation has had an ample opportunity to review environmental concerns relative to gas drilling in the Marcellus Shale, now, therefore, be it
RESOLVED:
1. That the New York State Department of Environmental Conservation quickly complete its environmental review process concerning drilling in the Marcellus Shale.
2. That the moratorium concerning further drilling in the Marcellus Shale be lifted.
3. That the process of issuing drilling permits be sped up once the moratorium is lifted.
4. That certified copies of this resolution be mailed to New York State Governor David A. Paterson, NYS DEC Commissioner Peter Grannis, the Senate and Assembly En- Con Committees, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, NYSAC, and the InterCounty Association of Western New York.
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Truax
RESOLUTION NO. 7-09
CHANGING REGULAR BOARD MEETING DATE FROM FEBRUARY 9, 2009 TO FEBRUARY 6, 2009
Offered by: Ways and Means Committee
RESOLVED:
1. Notwithstanding Rule 110.A. of County Board Rules, the first regular meeting of this Board in the month of February of 2009 shall be held on February 6, 2009 at 2:00 PM and not on February 9, 2009 at 2:00 PM.
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Pullen
(Memo: The change in Board meeting date approved by Resolution No. 7-09 was requested to allow legislators to attend the annual NYSAC Conference being held February 9-11, 2009.)
RESOLUTION NO. 8-09
RESOLUTION DESIGNATING OFFICIAL NEWSPAPERS FOR THE PUBLICATION OF LOCAL LAWS, NOTICES AND OTHER MATTERS REQUIRED BY LAW TO BE PUBLISHED IN 2009
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 2009, the concurrent resolutions of the State Legislature, election notices issued by the Secretary of State, and the official canvass:
Concurrent Resolutions of the Legislature:
The Alfred Sun, Alfred, New York (Republican) Cuba Patriot & Free Press, Cuba, New York (Democrat)
Election Notices and Official Canvass:
Wellsville Daily Reporter, Wellsville, New York (Republican) Cuba Patriot & Free Press, Cuba, New York (Democrat)
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 2009:
Wellsville Daily Reporter, Wellsville, New York (Republican) Cuba Patriot & Free Press, Cuba, New York (Democrat)
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Fanton Opposed: Kruger
RESOLUTION INTRO. NO. 8-09 (AMENDING RESOLUTION NO. 272-2005 ENTITLED RESTRICTIONS ON THE USE OF COUNTY OWNED VEHICLES) was DEFEATED on a roll call vote of 6 Ayes, 9 Noes, 0 Absent (Voting No: Benson, Burdick, Kruger, McCormick, O'Grady, Pullen, Russo, Truax, Ungermann). If approved, the amendment would have added the position of Lieutenant in the Sheriff's Office to the exemptions from restrictions on County vehicles. Legislators Kruger and O'Grady both voiced their opposition to the amendment, stating that parking the vehicles has saved money. The vehicle referenced in the proposed resolution was purchased to replace a patrol vehicle damaged in the Wellsville incident. Transport vans aside, the last three vehicles purchased have all gone to administration when they would have been better utilized in patrol and a replacement purchased for the 1998 or 99 Trailblazer we were told was dangerous but is still in service. The fleet keeps growing because vehicles aren't being taken off when replaced.
RESOLUTION NO. 9-09
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 for a term commencing January 1, 2009 and ending December 31, 2009 is approved.
Moved by: Mr. Hall Adopted: Voice Vote Seconded by: Mr. Russo
RESOLUTION NO. 10-09
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, 2009, and expire December 31, 2009:
Richard Hoffman, Jr. Alfred Judson Stearns, Jr. Alfred Station Robert Prior Allentown Bryan Snyder Almond Ed Sackett Andover Richard Sortore Angelica David Jennings Belfast Brandon LaValley Belmont Terry Richardson Bolivar Donald Van Skiver Canaseraga Robert Lester Cuba Gerald Gayford Fillmore Wes Sortore Friendship David Vogel, Sr. New Hudson Daniel Barkley, Jr. Richburg Dan Metcalf Rushford Jeff Luckey Short Tract David Sweet Wellsville Larry Erdmann Whitesville LeRoy Ives Willing Alan Mills Wiscoy-Rossburg
Moved by: Mr. Dibble Adopted: Voice Vote Seconded by: Mr. Truax
RESOLUTION NO. 11-09
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 Charles Stout, David S. Roeske and Gary Fries are reappointed to the County Traffic Safety Board, with term of office for each to commence January 1, 2009 and expire December 31, 2011.
Moved by: Mr. Dibble Adopted: Voice Vote Seconded by: Mr. Truax
RESOLUTION INTRO. NO. 12-09 (ACCEPTANCE OF ADDITIONAL NEW YORK STATE GRANT FUNDS FOR IMPLEMENTING A CENTRALIZED COUNTY LEVEL DATABASE FOR TAX COLLECTION INFORMATION; APPROPRIATION OF FUNDS) was TABLED on a motion made by Legislator Reynolds, seconded by Legislator Dibble and carried. The resolution was offered prematurely, as the grant award letter has not been received.
RESOLUTION NO. 12-09
APPROVAL OF AIR MEDICAL SERVICES CONTRACT WITH MERCY FLIGHT, INC. FOR 2009
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 2009, is approved.
2. That the Chairman of this Board is authorized to execute such contract.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Kruger 15 Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No. 12-09: The payment associated with the Mercy Flight contract is $10,000. Mr. Pullen noted that although we got through the court bonding vote dilemma, it will impact the County for years to come. Some expenses are not mandated, and this contract is one. He agrees with Mr. McCormick that there are things we could cut, but there will be pain. Maybe there needs to be pain. Should this contract be a function of the County? We could wrestle with some options, but this is one program he will support as it is truly a life or death issue.
RESOLUTION NO. 13-09
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 the Agreement in the amount of $7,500 between the County of Allegany and 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 during 2009, is approved.
2. That the Chairman of this Board is authorized to execute said Agreement in triplicate.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 15 Ayes, 0 Noes, 0 Absent
RESOLUTION INTRO. NO. 15-09 (APPROVING CONTRACT WITH ALLEGANY LEGAL SERVICES, CORP. FOR FAMILY COURT AND CRIMINAL COURT LEGAL REPRESENTATION OF INDIGENT PERSONS WHERE CONFLICT EXISTS WITHIN PUBLIC DEFENDER’S OFFICE; AUTHORIZING CHAIRMAN TO EXECUTE SUCH CONTRACT) was WITHDRAWN by Legislator Dibble, Chairman of the Public Safety Committee.
RESOLUTION NO. 14-09
APPROVAL OF AGREEMENT WITH VOLUNTEER FIREMEN'S ASSOCIATION OF ALLEGANY COUNTY, INC., FOR PAYMENT OF 2009 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 2009 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, 2009, 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 her office.
3. That the Treasurer of said Association shall not be required to furnish a bond.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Truax 15 Ayes, 0 Noes, 0 Absent
A motion was made by Legislator Ungermann and seconded by Legislator Kruger to TABLE Resolution Intro. No. 17-09 (Approval of Memorandum of Agreement with Cornell Cooperative Extension Association of Allegany County and Authorizing Chairman to Execute Memorandum of Agreement; Authorizing County Treasurer to Make Appropriation Payments in Relation to the 2009 Budgetary Appropriation for the Work of Such Association). THE MOTION FAILED following a roll call vote of 6 Ayes, 9 Noes, 0 Absent (Voting No: Burdick, Crandall, Dibble, Fanton, Hall, Hopkins, McCormick, Reynolds, Truax).
RESOLUTION NO. 15-09
APPROVAL OF MEMORANDUM OF AGREEMENT WITH CORNELL COOPERATIVE EXTENSION ASSOCIATION OF ALLEGANY COUNTY AND AUTHORIZING CHAIRMAN TO EXECUTE MEMORANDUM OF AGREEMENT; AUTHORIZING COUNTY TREASURER TO MAKE APPROPRIATION PAYMENTS IN RELATION TO THE 2009 BUDGETARY APPROPRIATION FOR THE WORK OF SUCH ASSOCIATION
Offered by: Public Works Committee
Pursuant to County Law § 224 (8)
RESOLVED:
1. That Memorandum of Agreement between the County of Allegany and the Cornell Cooperative Extension Association of Allegany County, dated January 1, 2009 in relation to the payment of appropriations to such Association by the County and the providing of services for such appropriations is approved and the Chairman of this Board is authorized to execute such Memorandum of Agreement.
2. That the County Treasurer is authorized and directed to pay one half of the sum provided in the 2009 County Final Budget for such Association in advance on the first day of each half beginning January 2009, 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.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Pullen 11 Ayes, 4 Noes, 0 Absent Voting No: Benson, McCormick, O'Grady, Ungermann
Comments made regarding Resolution No. 15-09:
Mr. O'Grady questioned the amount of the County appropriation for Cooperative Extension. Mr. Margeson replied that it was $198,000. Mr. O'Grady remarked that program cuts will hurt, but he was going to join with Mr. McCormick in his call for budget cuts; therefore, he would not be supporting this resolution. Mr. Kruger voiced similar sentiments.
Mr. Pullen and Mr. Hopkins spoke in support of Cooperative Extension and the incredible services provided for the money. In addition to programs for farmers, 4-H youth, homemakers, and poison response, our participation also provides for fringe benefits being paid by the state for various positions in other departments. We get back all that we put into it through savings in these other departments.
County Administrator John Margeson and Public Health Director Lori Ballengee explained that personnel shared with Cooperative Extension include six staff and three peer counselors in the WIC program, four employees in Cancer Services, and two employees in Family Planning and Bioterrorism. We save the fringe benefits costs for these positions, where the expense would have to be absorbed by the Health Department if Cooperative Extension was cut. Mr. O'Grady questioned if the positions were mandated, to which Ms. Ballengee replied they were not, but are granted funded. No County dollars are involved, and WIC generates a little over $1 million per year for the County. Grocery stores also reap the benefits from the use of WIC coupons.
Mr. Ungermann asked about the continuance of these grants in light of state budget cuts. Ms. Ballengee responded that she has not heard that any of the grants will be eliminated. There have been some cuts, but we have been able to absorb them due to the fringes being so low.
Chairman Crandall urged the Board to resist the "knee-jerk" reaction of making cuts in these contracts without knowing what is really being cut. Some of these agencies have benefited the County for a long time and save the County money. If we say we could do without those positions and services, and want to look at which programs we want to support, maybe we should put together another series of "think-tank" sessions of the Committee of the Whole. Services and programs and possible areas to cut were discussed during the budget process, looked at again when facing the potential of being sanctioned, and considered in light of state and federal budget reductions. The Budget Committee worked at it and has listings of mandated and non-mandated programs including their costs. Some good conversation could come through that.
RESOLUTION NO. 16-09
APPROVAL OF AGREEMENT WITH ALLEGANY COUNTY AGRICULTURAL SOCIETY FOR PAYMENT OF 2009 BUDGETARY APPROPRIATION
Offered by: Public Works Committee
RESOLVED:
1. That the Agreement between the County of Allegany and the Allegany County Agricultural Society is approved.
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 $7,000 and charge Account No. A8752.4 therefor.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Dibble 11 Ayes, 4 Noes, 0 Absent Voting No: Kruger, McCormick, Pullen, Ungermann
Comments made regarding Resolution No. 16-09:
Mr. Pullen noted he was a strong supporter of the County Fair, but it was one of the things he struggled with during the budget process. He didn't feel we should be using tax dollars on this. Mr. Kruger stated that the money we give doesn’t make or break the Agricultural Society. This is a place we can cut. Mr. Ungermann requested their financial statement last year, and they have $62,000 in reserve. It's nice to help, but where does it end? He asked if the County does upkeep on the fairgrounds. Mr. Margeson replied that we don't. The Agricultural Society is a not-for-profit, and occasionally Public Works does loan equipment.
Mr. Reynolds supported the resolution. One of the County's major industries is agriculture, and he appreciates the hard work in that profession. It seems strange, in a County like ours, to be debating an ag related issue. Mr. Dibble voiced support for the County Fair and noted that they have a volunteer Fair Board. It's great for the kids and the distinction given to participants. Mr. Hopkins clarified that the Agricultural Society does struggle from year to year. Depending on proceeds from their Friday night show, they need their reserve. He didn't know the amount of sales tax they generate, but he wouldn't want to risk reductions in sales tax revenues. Chairman Crandall recognized the fair's big tourism draw, and stated we don’t want to let this one go.
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Reynolds, seconded by Legislator Truax and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $4,588,825.90, 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 for the 2008 calendar year is $9,130,891.)
ADJOURNMENT:
The meeting was adjourned at 4:10 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Hall and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION JANUARY 26, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Veteran who led in the Pledge of Allegiance was Thomas E. Hull, retired US Navy Lieutenant Commander and current employee of the Department of Health.
INVOCATION: The Invocation was given by Legislator Dibble.
ROLL CALL: 13 Present; 2 Absent (Legislators Benson, Truax).
APPROVAL OF MINUTES:
The Board Organization Meeting minutes of January 5, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried.
The Committee of the Whole minutes of January 8, 2009 were approved on a motion made by Legislator Reynolds, seconded by Legislator Dibble and carried.
The Committee of the Whole minutes of January 12, 2009 were approved on a motion made by Legislator Hall, seconded by Legislator Pullen and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Thomas E. Hull, retired US Navy Lieutenant Commander, in grateful appreciation of his service to our country. Mr. Hull’s service was from 1985 to 1995 and included training at the Officer Indoctrination School in Newport, Rhode Island, and serving as an Environmental Health Officer of the Medical Service Corps in Washington, Georgia, Iceland, and Maryland. He received the following military honors and awards: Navy Achievement Medal (two), Navy Commendation Medal (two), National Defense Service Medal, Navy and Marine Corps Overseas Service Ribbon with One Star, Navy Unit Commendation Medal, and Letters of Appreciation and Commendation. Mr. Hull began his employment with the Allegany County Department of Health in 1995.
Chairman Crandall presented a certificate of appreciation to District Attorney Terrence M. Parker in recognition of 25 years of service to Allegany County. Mr. Parker began his employment with the County in 1984 as 2nd Assistant District Attorney, was appointed 1st ADA in 1985, and in 1997 was elected for his first term as District Attorney.
Chairman Crandall acknowledged the BOCES Government Interns and their Instructor Warren Schmidt and noted that they will be formally introduced at a future meeting.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
1. Placed on each Legislator’s desk was a copy of the Board meeting minutes of January 12, 2009 for review.
2. Placed on each Legislator’s desk was a copy of the Legislators’ Compensation Table for 2008.
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 December 2008.
4. Received was a copy of a letter sent to our Department of Public Works from the Save the Caneadea Bridge Committee indicating that they were turning over the balance of their fundraising efforts totaling $9,037.42 to be earmarked for guide rails.
5. A reminder was announced that the first Board meeting in February will be held on Friday, February 6, 2009.
6. Correspondence was received from the Chenunda Creek Fellowship in Andover thanking the Board for their dedication and service and letting them know the congregation is praying for the Board while they make difficult decisions.
7. Correspondence was received from Office for the Aging Director Kimberley Toot inviting Legislators to attend the annual Legislative Luncheon on Friday, February 13, at the American Legion in Belmont beginning at 10:30 a.m.
8. Notification was received for a press conference for the Waterways Resort (former Six-S Golf Course) on February 9, at 11 a.m. at the Crossroads Center, and all Legislators are invited to attend.
RESOLUTIONS:
RESOLUTION NO. 17-09
A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF TOWN BRIDGE NO. 21-08 (B.I.N. 2214850) IN TOWN OF INDEPENDENCE
Offered by: Public Works and Ways and Means Committees
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 No. 21-08 (B.I.N. 2214850) on Fulmer Valley Road in the Town of Independence should be reconstructed, and
WHEREAS, the County Public Works Department has submitted plans, maps and specifications for the reconstruction of such Bridge and estimated the project costs at $142,000, and
WHEREAS, such Bridge 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 No. 21-08 (B.I.N. 2214850) on Fulmer Valley Road in the Town of Independence to be of sufficient importance to be reconstructed.
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 in accordance with such plans, maps and specifications.
3. That the authorized cost for the construction of such Bridge shall not exceed $142,000.
4. That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $120,700 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 $21,300, shall be paid to the County pursuant to the provisions of section 1 g. of Resolution No. 65-95.
6. That such Bridge shall not be reconstructed until the Town of Independence files the appropriate Town Board resolution in accordance with Resolution No. 65-95.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Reynolds 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 18-09
A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF TOWN BRIDGE NO. 23-05 (B.I.N. 2214940) IN TOWN OF RUSHFORD
Offered by: Public Works and Ways and Means Committees
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 No. 23-05 (B.I.N. 2214940) on West Branch Road in the Town of Rushford should be reconstructed, and
WHEREAS, the County Public Works Department has submitted plans, maps and specifications for the reconstruction of such Bridge and estimated the project costs at $245,000, and
WHEREAS, such Bridge 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 No. 23-05 (B.I.N. 2214940) on West Branch Road in the Town of Rushford to be of sufficient importance to be reconstructed.
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 in accordance with such plans, maps and specifications.
3. That the authorized cost for the construction of such Bridge shall not exceed $245,000.
4. That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $208,250 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 $36,750, shall be paid to the County pursuant to the provisions of section 1 g. of Resolution No. 65-95.
6. That such Bridge shall not be reconstructed until the Town of Rushford files the appropriate Town Board resolution in accordance with Resolution No. 65-95.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Hopkins 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 19-09
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 Sherry Herdman is appointed to fill a vacancy to the County Board of Health, with term of office commencing January 12, 2009, and expiring July 7, 2012.
Moved by: Mr. Dibble Adopted: Voice Vote Seconded by: Mr. Russo
RESOLUTION NO. 20-09
REAPPOINTMENT OF TWO MEMBERS TO THE 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 Nancy Rouse of Scio, New York, and Robert Riber of Alfred Station, New York, to the Citizens Advisory Council to the Office for the Aging, with term of office for each commencing January 1, 2009, and expiring December 31, 2011, are confirmed.
Moved by: Mr. Russo Adopted: Voice Vote Seconded by: Mr. Pullen
RESOLUTION NO. 21-09
REAPPOINTMENT OF TWO MEMBERS TO ALLEGANY COUNTY COMMUNITY SERVICES BOARD
Offered by: Human Services Committee
RESOLVED:
1. That Dana S. Kruser of Andover, New York and Brent L. Reynolds of Alfred Station, New York are reappointed to the Allegany County Community Services Board, with term of office to commence January 1, 2009, and expire December 31, 2012.
Moved by: Mr. Russo Adopted: Voice Vote Seconded by: Mr. Dibble
RESOLUTION NO. 22-09
APPOINTMENT OF TWO NEW MEMBERS TO COUNTY TRAFFIC SAFETY BOARD
Offered by: Public Safety Committee
Pursuant to Local Law No. 2 of 1972
RESOLVED:
1. That Jimmy Joyce and Shawn Whitney are appointed to the County Traffic Safety Board, with term of office for each to commence January 1, 2009, and expire December 31, 2011.
Moved by: Mr. Dibble Adopted: Voice Vote Seconded by: Mr. McCormick
RESOLUTION NO. 23-09
REAPPOINTMENT OF TWO LEGISLATIVE MEMBERS TO THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD
Offered by: Public Works Committee
Pursuant to Soil and Water Conservation District Law §§ 6 and 7
RESOLVED:
1. That Michael J. McCormick and Theodore L. Hopkins are reappointed to the Allegany County Soil and Water Conservation District Board as Legislative Members with term of office commencing January 1, 2009, and expiring December 31, 2009.
Moved by: Mr. Fanton Adopted: Voice Vote Seconded by: Mr. Reynolds
RESOLUTION NO. 24-09
APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT AND REAPPOINTMENT OF REPRESENTATIVES TO ALLEGANY COUNTY DEVELOPMENT ADVISORY BOARD
Offered by: Ways and Means Committee
Pursuant to Local Law No. 2 of 1985
RESOLVED:
1. That the appointment by the Chairman of this Board of the following individuals to serve as representatives to and members of the Allegany County Development Advisory Board are approved: Deborah Clark, Education representative; Gretchen Gary, Agriculture representative; John Corneby, Forests representative; Craig Braack, Recreation/Tourism representative; Raymond DeTine, Barbara Deming and Steve Havey, Industry representatives; Frederic Marks, Utilities representative; William Hart, Small Business representative; Linda Clayson, Banking representative; William Shuler, Real Estate representative; Fred Sinclair, Zena Andrus and Gretchen Hanchett, At Large representatives.
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Hall
RESOLUTION NO. 25-09
REAPPOINTMENT OF MEMBERS TO THE ALLEGANY COUNTY PLANNING BOARD
Offered by: Ways and Means Committee
RESOLVED:
1. That each of the following persons are appointed to the Allegany County Planning Board, with term of office for each commencing January 1, 2009, and expiring as set forth below:
Robert Ellis Belmont, New York December 31, 2011 Wendall Brown Scio, New York December 31, 2011 James E. Ninos Alfred, New York December 31, 2011 Kevin LaForge Wellsville, New York December 31, 2011
2. That Brent L. Reynolds, Chairman of the Ways and Means 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 1, 2009, and expire December 31, 2009.
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Pullen
RESOLUTION INTRO. NO. 29-09 (APPROVING CONTRACT WITH ALLEGANY- CATTARAUGUS LEGAL SERVICES, INC. FOR FAMILY COURT AND CRIMINAL COURT LEGAL REPRESENTATION OF INDIGENT PERSONS WHERE CONFLICT EXISTS WITHIN PUBLIC DEFENDER’S OFFICE; AUTHORIZING CHAIRMAN TO EXECUTE SUCH CONTRACT) was TABLED following a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried.
A motion was made by Legislator O’Grady and seconded by Legislator Burdick to TABLE Resolution Intro. No. 30-09 (Approval of Agreement with Simonsen Enterprises in Relation to Deer Carcass Removal Services; Authorizing Board Chairman to Execute Agreement). The motion was defeated on a roll call vote of 7 Ayes, 6 Noes, 2 Absent (Absentees were counted as Noes). Voting No: Crandall, Dibble, Fanton, Reynolds, Russo, Ungermann, and Absentees were Benson and Truax.
RESOLUTION NO. 26-09
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 Simonsen Enterprises in relation to Deer Carcass Removal Services for the period January 1, 2009 to December 31, 2013, is approved.
2. That the Chairman of this Board is authorized to execute the Agreement.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Pullen 10 Ayes, 3 Noes, 2 Absent Voting No: Burdick, Kruger, O’Grady
(Memo: The contract approved by Resolution No. 26-09 is for a five-year period and includes a charge of $32.50 per pickup, with the total payment not to exceed $10,000 per year.)
Comments made regarding Resolution No. 26-09: Mr. O’Grady questioned whether the wording included in the contract regarding cancellation would need to be changed or clarified to cover the County in the event of inability to pay in one of the succeeding years of the five- year contract. County Attorney Tom Miner responded that it may need some clarity. He felt that it would be fairly easy to extricate ourselves from it, but without having the contract in front of him, couldn’t say for sure. Mr. O’Grady felt the matter should be tabled until the next meeting, but the motion failed (see action above).
AUDITS:
A motion was made by Legislator Reynolds, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Reynolds, seconded by Legislator Hopkins and adopted on a roll call vote of 13 Ayes, 0 Noes, 2 Absent, that the audit of claims, totaling $1,753,812.51 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 $520,308.)
ADJOURNMENT: The meeting was adjourned at 3:00 p.m. on a motion made by Legislator Dibble, seconded by Legislator Kruger and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION
FEBRUARY 6, 2009
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Army Sergeant Michael Hennessy.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 13 Present; 2 Absent (Legislators Hall and Ungermann; Legislator Dibble left early in the meeting).
APPROVAL OF MINUTES:
The Board meeting minutes of January 12, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to former United States Army Sergeant Michael Hennessy, in grateful appreciation of his service to our country. (Mr. Hennessy led the Board in the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Board’s Honorary Veterans’ Pledge Program.) His military service was from September 1981 to August 1991, and assignment stations included Fort Leonard Wood, Missouri; Germany; Hawaii; and Fort Drum, New York. Awards Mr. Hennessy received were the Army Commendation Medal, Army Achievement Medal, and three Good Conduct Medals. Mr. Hennessy is currently an employee of the Allegany County Clerk’s Office as the third deputy.
Chairman Crandall granted privilege of the floor to Wendall E. Brown, Friendship Empire Zone Director, to address the Board concerning the upcoming Resolution of Support for the Continuation of the Empire Zone Program. Mr. Brown highlighted Governor Paterson’s proposal to reform New York State’s Empire Zone Program, and illustrated the significant negative impact it will have on local Empire Zone Certified Businesses, as well as the local economy and economic development in Allegany County. (A copy of Wendall Brown’s statement is attached to the original minutes.)
Privilege of the floor was also granted to Firemen Tom Cannon, Dick Siegel, and Jeff Luckey for an informational presentation on the fire in Friendship on December 21, 2008 during which six firefighters were injured. They gave statistics to illustrate the level of services provided, the value of the gear and equipment present at the fire, possible reasons for the wall collapse, and ways to prevent future incidents. Updates were given on the condition of the injured firemen. Legislator Kruger expressed his appreciation for the firefighters’ expertise and skill in the use of the equipment. (A copy of the PowerPoint presentation is attached to the original minutes.)
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
1. Board meeting minutes from January 26, 2009 were distributed for review.
2. Annual reports for 2008 from the following departments and agencies were distributed for review: Cornell Cooperative Extension, County Attorney, County Clerk, Human Resources, and Probation.
3. Correspondence from Chief Administrative Judge Ann Pfau, State of NY Unified Court System, dated February 5, 2009, approving the County’s Court Facilities Capital Plan, was distributed to each legislator.
4. An invitation from Attorney General Andrew Cuomo for a Landowners’ Rights Forum on Oil and Gas Leases, sponsored by the Wellsville Area Chamber of Commerce, to be held February 25, 2009, at the David A. Howe Library, at 6:30 p.m., was distributed.
5. Correspondence was received from Cynthia Ungermann-Gowiski regarding Resolution Intro. No. 32-09 (Authorizing the Purchase of Property from Presutti Family Members Located in Belmont, New York) and was distributed to each legislator.
6. The County Treasurer filed Certificates of Withdrawal of Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law for two properties in the Town of Burns in the Clerk of the Board’s Office on January 27, 2009.
7. The County Treasurer filed Certificates of Withdrawal of Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law for properties in the Towns of Allen, Alma, Amity, Bolivar, and Cuba in the Clerk of the Board’s Office on February 4, 2009.
8. Jones Memorial Hospital Board of Directors Resolution to the New York State Governor and Legislature on the Dedication of Federal Medicaid Assistance for Health Care was received in the Clerk of the Board’s Office.
9. Correspondence was received from the Allegany County Association for the Blind thanking the Board for its continued support.
10. Correspondence was received from Charlotte Baker commending the fine job that Veterans’ Service Agency Director Scott Spillane continues to do for the veterans of Allegany County.
11. Correspondence was received inviting legislators to attend a Bare Knuckle Boxing Hall of Fame Event on May 16, in Belfast, from 5 to 8 p.m.
12. There will be a special Committee of the Whole meeting on Friday, February 13, at 1 p.m. in the Legislative Chambers to discuss and gather information on a potential Fiber Optic Project for Allegany County.
13. The Budget and Ways and Means Committee meetings scheduled for 9 a.m. and 10 a.m. on Wednesday, February 18, will now be held at 1 p.m. and 2 p.m. respectively.
14. Friendship Empire Zone Resolution No. 1-2009 on Support for the Continuation of the Empire Zone Program was received in the Clerk of the Board’s Office.
APPOINTMENTS:
The Clerk of the Board announced that Chairman Crandall has appointed Rodney K. Bennett of Dalton, 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, 2009.
RESOLUTIONS:
RESOLUTION NO. 27-09
RESOLUTION IN SUPPORT OF THE CONTINUATION OF THE NEW YORK STATE EMPIRE ZONE PROGRAM
Offered by: Ways and Means Committee
WHEREAS, economic stability and sustainability of our local economy is a vital concern to the residents and businesses of Allegany County, and
WHEREAS, the County of Allegany needs a balanced economy consisting of a wide range of various types of businesses, and
WHEREAS, the County of Allegany is cognizant of the need for additional commercial and industrial businesses to attain such economic stability and sustainability, and
WHEREAS, tax revenue generated by businesses throughout Allegany County and the State of New York provides much needed relief to individual taxpayers and their families, and
WHEREAS, the New York State Empire Zone program has been a proven stimulus in the growth and revitalization of weakened local economies throughout New York State, and
WHEREAS, the New York State Empire Zone program has been successful in bringing thousands of new jobs to its sponsoring counties, and
WHEREAS, the Friendship Empire Zone of Allegany County, established in 1994, has a long record of facilitating new job growth with 2,933 Empire Zone workers, and new capital investments totaling $126 million over 14 years, by providing local technical assistance to Empire Zone Certified Businesses within Allegany County, and
WHEREAS, the continued economic development efforts of the Friendship Empire Zone of Allegany County will result in attracting new businesses and jobs for the people of Allegany County, and
WHEREAS, the New York State Empire Zone program has shown great promise for the economy of Allegany County by piquing the interest of prospective businesses inquiring from both outside Allegany County and outside the state of New York while at the same time assisting local companies prepare for growth, and
WHEREAS, the New York State Empire Zone program has a planned sunset date of June 30, 2011, and
WHEREAS, the Governor’s proposed budget makes sweeping changes to the Empire Zone program that may lead to litigation, company relocation, and loss of credibility to New York’s economic development efforts, and
WHEREAS, increasing New York’s already high cost of doing business by raising business fees and taxes, significantly cutting the state’s business development budget, and undermining the credibility of our economic development efforts would make New York less competitive, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators hereby requests the State of New York to continue its Empire Zone stimulus program beyond 2011 to June 30, 2017.
2. That the New York State Legislature, in an effort to maintain continuity and to stimulate positive momentum, is encouraged to enact legislation that will make the Empire Zone program less bureaucratic, less complex, more targeted, and less costly.
3. That New York State lawmakers, as they work on the state budget, are encouraged to make every effort to avoid adding more burdens to employers - whether through taxes, fees, wage mandates or regulations.
4. That certified copies of this resolution shall be forwarded to New York State Governor David A. Paterson, Senate Majority Leader Malcolm A. Smith, Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Senate Minority Leader Dean Skelos, Assembly Minority Leader James Tedisco, Senator Catharine M. Young, Assemblyman Joseph M. Giglio, Assemblyman Daniel Burling, Coordinator of the Friendship Empire Zone of Allegany County Wendall E. Brown, and Director of the Empire Zone Program Randal Coburn.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Truax 12 Ayes, 0 Noes, 3 Absent
RESOLUTION INTRO. NO. 32-09 (AUTHORIZING THE PURCHASE OF PROPERTY FROM PRESUTTI FAMILY MEMBERS LOCATED IN BELMONT, NEW YORK) was TABLED following a motion made by Legislator Kruger, seconded by Legislator Truax and carried on a roll call vote of 7 Ayes, 5 Noes, 3 Absent (Voting No: Crandall, Fanton, Hopkins, Pullen, Reynolds). The property referred to in the proposed resolution is located at 21 Court Street, and the purchase price is $70,000. Legislator Kruger moved to table the resolution due to the lack of a property description, and there was no market value given. He did some research and found that the property is .32 acres and has a market value of $38,000. Because the lot will probably be used for parking, demolition costs need to be figured. Mr. Kruger felt there were other alternatives to look into, such as building near the jail, and he was also opposed to taking another property off the tax rolls.
RESOLUTION NO. 28-09
RESOLUTION AUTHORIZING THE OFFICE FOR THE AGING DIRECTOR TO PURCHASE A NEW MINI CARGO VAN
Offered by: Human Services and Ways and Means Committees
WHEREAS, that Resolution No. 114-2005 established a vehicle purchase and replacement capital account within the capital fund, and
WHEREAS, this fund was established to provide a cost center for the purchase and replacement of County vehicles other than heavy equipment, and
WHEREAS, withdrawals from such account shall be made only by resolution of the Board of Legislators upon the recommendation of the Ways and Means Committee, and
WHEREAS, the Office for the Aging Director is requesting approval for the purchase of a new mini cargo van for the Meals-on-Wheels Program for an estimated cost of $16,586, now, therefore, be it
RESOLVED:
1. That this Board of Legislators approves the request from the Office for the Aging Director for the purchase of a new mini cargo van for the Meals-on-Wheels Program.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Kruger 12 Ayes, 0 Noes, 3 Absent
RESOLUTION NO. 29-09
TRANSFER OF APPROPRIATION AND REVENUE FUNDS WITHIN HEALTH DEPARTMENT'S 2009 OPERATING BUDGET
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $7,800 is transferred as follows: $700 from Account No. A4052.2 to Account No. A4054.2, $7,100 from Account No. A4052.4 to Account No. A4054.4.
2. That the sum of $17,897 is transferred from Revenue Account No. A10.3401.02 to Revenue Account No. A10.3401.4054.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Pullen 12 Ayes, 0 Noes, 3 Absent
(Memo: The transfers referred to in Resolution No. 29-09 were necessary in order to separate the Early Intervention Administration Grant funding and the Children with Special Health Care Needs Grant funding at the County level, because they have now become separate grants at the NYS Department of Health level. EI Administration will remain under Account A4052, and CSHCN will become Account A4054.)
RESOLUTION NO. 30-09
TRANSFER OF FUNDS WITHIN MENTAL HEALTH ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $16,544 is transferred from Account No. A4313.4 as follows: $7,500 to Account No. A4317.1, $7,249 to Account No. A4317.4, and $1,795 to Account No. A4317.8
2. That the sum of $572 is transferred from Account No. A4310.1 to Account No. A4317.1.
Moved by: Mr. Russo Adopted: Roll Call Seconded by: Mr. Fanton 12 Ayes, 0 Noes, 3 Absent
(Memo: The transfers referred to in Resolution No. 30-09 were requested to separate AOT fees, presently budgeted under Accounts A4310 and A4313, into a new account.)
RESOLUTION NO. 31-09
REAPPROPRIATION OF 2008 CALENDAR YEAR GRANT FUNDS FROM THE NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES FOR STUDY OF A COUNTY-WIDE ASSESSING PROGRAM
Offered by: Ways and Means Committee
RESOLVED:
1. That New York State Office of Real Property Services grant funds in the amount of $25,000 not spent in calendar year 2008 is reappropriated to Account No. A1355.432 with a like sum credited to Revenue Account No. A15.599.00.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 12 Ayes, 0 Noes, 3 Absent
(Memo: The reappropriation of grant funds approved in Resolution No. 31-09 was necessary due to overlapping fiscal years. The study of County assessing programs funded by the grant must be completed by March 1, 2009, and if so, there is an additional $25,000 component available. The grant was originally accepted by Resolution No. 62-08.)
RESOLUTION NO. 32-09
APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND LABELLA ASSOCIATES, PC
Offered by: Court Facilities and County Space Needs and Ways and Means Committees
RESOLVED:
1. Subject to approval of the County Attorney as to form, this Board approves entering into an Agreement with LaBella Associates, PC for final design services for the Allegany County Court Facility, along the terms of the proposal of January 21, 2009, received from LaBella Associates, PC.
2. That the Chairman of this Board is authorized to execute said Agreement.
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Reynolds 10 Ayes, 2 Noes, 3 Absent Voting No: Kruger, Truax
(Memo: The fee for services included in the agreement approved by Resolution No. 32-09 is $994,000.)
Resolution Intro. No. 38-09 (Resolution Urging the State of New York to Take Action to Lessen the Burden on Allegany County Taxpayers of Housing Parole Violators and State Ready Inmates at the Allegany County Jail) was not pre-filed and was considered from the floor on a motion made by Legislator Kruger, seconded by Legislator Reynolds and carried.
RESOLUTION NO. 33-09
RESOLUTION URGING THE STATE OF NEW YORK TO TAKE ACTION TO LESSEN THE BURDEN ON ALLEGANY COUNTY TAXPAYERS OF HOUSING PAROLE VIOLATORS AND STATE READY INMATES AT THE ALLEGANY COUNTY JAIL
Offered by: Public Safety Committee
WHEREAS, county jails in New York State continue to house increasing numbers of parole violators, including parole violators held on technical charges and parole violators who have become state ready and are awaiting transfer to a state correctional facility, and
WHEREAS, many jails report that a significant portion of their entire jail population is comprised of such parole violators and state ready inmates, and
WHEREAS, in many county jails the average length of stay of a parole violator prior to his final parole hearing is one hundred twenty (120) days, and
WHEREAS, there are sixty-nine state correctional facilities, in addition to the 902-bed Willard Drug Treatment in Seneca County, New York, meaning that there is a state correctional facility in or near each county of New York State, and
WHEREAS, the number of inmates incarcerated in state prisons has been reduced so significantly in recent years that the Governor and some members of the New York State Legislature have called for a closing of several state correctional facilities, and
WHEREAS, these inmates held on parole violations have always been considered a State responsibility, although the State reimburses counties for only a portion of the housing costs incurred in maintaining these inmates while their parole revocation proceedings are held and completed, and provides no reimbursement for medical costs for such inmates incurred by New York State counties, and
WHEREAS, Governor Paterson in his proposed 2009-2010 state budget has suggested elimination of all funding to counties for housing such parole violator inmates on behalf of the State of New York, now therefore, be it
RESOLVED:
1. That Allegany County should seek appropriate relief from the Division of Parole and the Department of Correctional Services to lessen the amount of time that parole violators and state ready inmates are held at county jails.
2. That Allegany County urges the State of New York to pass legislation to allow parolees awaiting a parole violation hearing to be incarcerated in a State Correctional facility in or near the county where the alleged parole violation occurred, rather than in a county jail.
3. That until such time as a parolee awaiting a parole violation hearing is held at a State Correctional facility, that Allegany County should be entitled to reasonable compensation for housing such alleged parole violator inmates, at a sum equal to the actual cost of confinement, including actual medical expenses incurred by the County.
4. That certified copies of this resolution be mailed to New York State Governor David A. Paterson, New York State Department of Correctional Services Commissioner Brian Fischer, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, NYSAC, and the InterCounty Association of Western New York.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. McCormick 12 Ayes, 0 Noes, 3 Absent
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Truax, seconded by Legislator McCormick and adopted on a roll call vote of 12 Ayes, 0 Noes, 3 Absent, that the audit of claims, totaling $3,350,958.73 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 $867,180.)
ADJOURNMENT: The meeting was adjourned at 3:20 p.m. on a motion made by Legislator Truax, seconded by Legislator Reynolds and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION
FEBRUARY 23, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge was led by retired United States Air Force Chief Master Sergeant Homer Wilson.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 15 Present; 0 Absent.
APPROVAL OF MINUTES:
The Board meeting minutes of January 26, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried.
The Board meeting minutes of February 6, 2009 were approved on a motion made by Legislator Truax, seconded by Legislator Pullen and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Homer L. Wilson, retired United States Air Force Chief Master Sergeant E-9, in grateful appreciation of his service to our country. Mr. Wilson’s active enlistment was from 1943 to 1946. Bases and assignments included Gulfport, Mississippi; Goldsboro, North Carolina; Fort Meyers, Florida; Columbia, South Carolina; and Hickham Field, Hawaii. Overseas duty included Christmas Island, New Guinea, Philippines, and Okinawa. Among his many commendations, awards, and medals were, to name just a few, the Air Force Commendation Medal, Presidential Unit Citation, Good Conduct Medals, American Defense Service Medal, Asiatic-Pacific Campaign Medal with one silver and three bronze stars, World War II Victory Medal, Air Force Longevity Service Medal, and numerous ribbons. Following active duty, Mr. Wilson enlisted in the Reserves, attached to both the Wellsville, NY and Niagara Falls, NY units. He remained in the Reserves until his retirement in 1983 after 36 years of service.
Mr. Wilson led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program instituted this year to promote a deeper appreciation for the privileges we have in this country. Flyers have been prepared to raise awareness of the program, and Veterans’ Service Agency Director Scott Spillane is working with veterans’ service organizations to extend invitations.
Allegany County Board of Legislators, Regular Session, 02/23/09 Page 2 of 14
Chairman Crandall granted privilege of the floor to County Government Intern Program Instructor Warren Schmidt. The 2009 Interns were introduced, and the roster included eight students from Cuba-Rushford, seven students from Genesee Valley, two students from Scio, and two students from Wellsville.
Privilege of the floor was also granted to John Jessop, President of the Rushford Historical Society, for the official presentation of their Bicentennial Book. The new book, entitled “Spirit of Rushford,” is Volume 2 and covers the years of 1958 through 2008. Mr. Jessop also donated a copy of Volume 1 and requested that both books be placed in the County museum.
Representatives from the following departments and agencies were present to answer questions regarding their 2008 Annual Reports: Cornell Cooperative Extension, County Attorney, County Clerk, Human Resources, and Probation.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. The 2008 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 was received. A motion was made by Legislator Reynolds, seconded by Legislator Hopkins and carried to accept the report and direct the County Treasurer to apportion to the towns 75 percent of the surplus, amounting to $6,310.77.
2. March 2009 Board and Committee Meeting Calendar.
3. Committee of the Whole meeting minutes of February 13, 2009, for review.
4. The 2008 Annual Reports from the following departments and agencies were distributed for review: Office for the Aging, Community Services, Coroners, Board of Elections, Emergency Services, Fire Service, Health Department, Public Works, and Real Property Tax Service Agency. Representatives will be present at the next Board meeting to answer questions regarding those reports.
5. The 2009 Allegany County Directory of County, Town, and Village Contacts.
6. Report of Intrafund Transfers approved by the County Administrator in January 2009.
7. Report of Tax Bill Corrections approved by the County Administrator in January 2009.
Allegany County Board of Legislators, Regular Session, 02/23/09 Page 3 of 14
The following communications were also acknowledged:
1. The County Treasurer filed the 2008 Community College Year-End Report in the Clerk of the Board’s Office on February 18, 2009. Summary sheets were distributed to all Legislators.
2. Noted received were the Southern Tier West Regional Planning and Development Board meeting minutes of December 11, 2008, and their meeting notice for February 19, 2009.
3. Correspondence was received from the Allegany County Comprehensive Plan Implementation Group strongly supporting the proposal to contract with the Greater Allegany County Chamber of Commerce for Tourism services.
4. A reminder was given for the special Committee of the Whole meeting tomorrow, February 24, at 7 p.m. at the Crossroads Center.
5. Correspondence was received from Attorney General Andrew M. Cuomo inviting Legislators to attend a Landowners’ Rights Forum for discussion on oil and gas leases at the David A. Howe Public Library in Wellsville on February 25, at 6:30 p.m.
6. A news release was received from Southern Tier West Regional Planning and Development Board highlighting their February 19 meeting.
7. Notice was given for the next Inter-County Association meeting to be hosted by Allegany County at Alfred University on March 20. More information will be available soon.
APPOINTMENTS:
The Clerk of the Board announced that Chairman Crandall has appointed the following to serve as members on the FIBER OPTIC BACKBONE AD HOC COMMITTEE to serve at his pleasure: William M. Hall, Chairman Curtis W. Crandall William G. Dibble David T. Pullen John E. Foels Jerry Scott Michael Johnsen
Allegany County Board of Legislators, Regular Session, 02/23/09 Page 4 of 14
RESOLUTIONS:
RESOLUTION NO. 34-09
APPROVAL AND ADOPTION OF ALLEGANY COUNTY WORKPLACE VIOLENCE POLICY
Offered by: Personnel Committee
RESOLVED:
1. That the Allegany County Board of Legislators adopts the Workplace Violence Policy, as set forth below, which was presented and approved at a meeting of the Personnel Committee held on February 4, 2009, as the official policy of the County:
POLICY PROHIBITING WORKPLACE VIOLENCE January 1, 2009
POLICY STATEMENT:
Allegany County is concerned and committed to the safety and health of our employees. We have a zero tolerance policy towards violence, threats of violence, harassment, intimidation, bullying and other disruptive behavior in the workplace. We will provide the necessary resources to meet our goal of a safe workplace.
We require the prompt and accurate reporting of all violent incidents whether or not physical injury has occurred. All reports of incidents are taken seriously and dealt with appropriately. Employees who are found to have violated this policy are subject to disciplinary action, up to and including termination. Allegany County will not discriminate against victims of workplace violence.
All employees, including managers and supervisors, are responsible for using safe work practices, following all policies and procedures, and for assisting in maintaining a safe and secure work environment.
DEFINITIONS:
Workplace Violence
Workplace violence is defined as any act that occurs in the workplace that creates a hostile work environment that affects employees’ physical or psychological well-being. This can take the form of harassment, verbal threats, aggressive or threatening behavior, and physical assault or abuse.
Allegany County Board of Legislators, Regular Session, 02/23/09 Page 5 of 14
A workplace may be any location either permanent or temporary where an employee performs any work-related duty. This includes, but is not limited to, County property, clients’ homes and traveling to and from work assignments.
Types of workplace violence that can occur are:
Violence by strangers Violence by customers or clients Violence by co-workers, subordinates, and supervisors Violence by personal relations
PROHIBITED BEHAVIOR:
Prohibited conduct includes, but is not limited to:
Injuring another person physically Engaging in behavior that creates a reasonable fear of injury to another person Engaging in behavior that subjects another person to extreme emotional distress Possessing, brandishing, or using a weapon that is not required by the individual’s position while on County property or engaging in County business Intentionally damaging property Threatening to injure an individual or to damage property Committing injurious acts motivated by, or related to, domestic violence or sexual harassment Retaliating against any employee who reports a violation of this policy
PROCEDURE:
1. Any incident that constitutes a potential or actual threat of violence towards an employee must be reported to a Supervisor. The circumstances of the incident may dictate the incident first be reported to the Sheriff’s Office, Department Head, or Personnel Officer/Designee.
2. Supervisors will take any appropriate actions to eliminate any immediate risk/danger if they exist.
3. Employees will preserve, to the extent possible, any physical evidence.
4. Following a report of an incident, the Personnel Officer along with the appropriate Department Head shall coordinate an immediate investigation. If appropriate, this investigation will be in cooperation with the Sheriff’s Office.
5. Any disciplinary actions will be applied according to established procedures:
Section 75 “Disciplinary Proceedings” of the Civil Service Law Allegany County Board of Legislators, Regular Session, 02/23/09 Page 6 of 14
Article XVIII “Removal and Other Disciplinary Action” of the Collective Bargaining Agreement between the County and the Deputy Sheriff’s Association, Local 3989 Article 18 “Removal and Other Disciplinary Action” of the Collective Bargaining Agreement between the County and AFSCME, Local 2574 Section 3.07 “Post-Probationary Discipline” of the Collective Bargaining Agreement between the County and the New York State Nurses’ Association Allegany County Disciplinary Manual
6. Criminal investigations will be the responsibility of the Allegany County Sheriff.
2. That the Clerk of this Board is directed to post a copy of such policy on the official County bulletin board, to post copies as required by any collective bargaining agreement to which the County is a party, and to deliver a copy of the policy to all County departments and offices to which the policy applies for review and execution by all covered employees.
3. This resolution shall take effect immediately.
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Hopkins 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 35-09
RESOLUTION ESTABLISHING SOLID WASTE USER FEES FOR YEAR 2010
Offered by: Public Works Committee
RESOLVED:
1. The following user fees shall be charged to users of the Allegany County Solid Waste System during the year 2010:
Landfill User Fee - $40 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 shall be $23 per ton and the user fee for Waste Water Treatment Plant Sludge shall be $35 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.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
Allegany County Board of Legislators, Regular Session, 02/23/09 Page 7 of 14
RESOLUTION NO. 36-09
RESOLUTION SETTING DATE FOR PUBLIC HEARING ON EIGHT-YEAR REVIEW OF AGRICULTURAL DISTRICT NUMBER FOUR
Offered by: Public Works Committee
WHEREAS, Agricultural District Number Four within the Towns of Alfred, Andover, Independence, Ward and Willing, was originally created as Agricultural District Number Six on August 7, 1977, and renamed Agricultural District Number Four on May 28, 2002, and modified and continued on February 25, 2008 by Resolution No. 36-2008, and
WHEREAS, pursuant to Agriculture and Markets Law § 303-a an eight-year review of the District is required, and
WHEREAS, a thirty-day notice of such review has been given, and
WHEREAS, the report of the Agricultural and Farmland Protection Board has been prepared recommending a continuation of this District with modifications in acreage, and
WHEREAS, the law requires that a public hearing be held on such review, now, therefore, be it
RESOLVED:
1. That a public hearing on the review of Agricultural District Number Four shall be held by this Board at the County Legislators' Chambers, Room 221, County Office Building, 7 Court Street, Belmont, New York on March 23, 2009, at 2:00 P.M.
2. That the Clerk of the Board of Legislators shall prepare, with the assistance of the County Attorney, a notice of the public hearing, and cause such notice to be published in the Olean Times Herald and mailed in accordance with Section 303-a of the Agriculture and Markets Law.
Moved by: Mr. Fanton Adopted: Voice Vote Seconded by: Mr. McCormick
RESOLUTION NO. 37-09
APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT OF TWO MEMBERS TO REGION NINE FISH AND WILDLIFE MANAGEMENT BOARD
Offered by: Public Works Committee
Pursuant to Environmental Conservation Law § 11-0501
Allegany County Board of Legislators, Regular Session, 02/23/09 Page 8 of 14
RESOLVED:
1. That the appointment by the Chairman of this Board of Gilbert Childs, to the Region Nine Fish and Wildlife Management Board, as a Sportsmen’s Representative Member to fill the unexpired term of Derwood Say, with term of office commencing January 12, 2009 and expiring December 31, 2009, is approved.
2. That the appointment by the Chairman of this Board of Phil May, to the Region Nine Fish and Wildlife Management Board, as a Landowner's Representative Member, with term of office commencing January 1, 2009 and expiring December 31, 2010, is approved.
Moved by: Mr. Fanton Adopted: Voice Vote Seconded by: Mr. Reynolds
RESOLUTION NO. 38-09
REAPPOINTMENT OF COUNTY GRANGE APPOINTEE TO THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD
Offered by: Public Works Committee
Pursuant to Soil and Water Conservation District Law §§ 6 and 7
RESOLVED:
1. That Curtis Rung is reappointed to the Allegany County Soil and Water Conservation District Board, as County Grange Appointee, with term of office commencing January 1, 2009 and expiring December 31, 2011.
Moved by: Mr. Fanton Adopted: Voice Vote Seconded by: Mr. Hopkins
RESOLUTION NO. 39-09
UNEXPENDED HOMELAND SECURITY GRANT FUNDS FROM NEW YORK STATE OFFICE OF HOMELAND SECURITY FOR CALENDAR YEAR 2007 AND REAPPROPRIATED IN CALENDAR 2008 ARE REAPPROPRIATED TO HOMELAND SECURITY ACCOUNTS
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That Homeland Security Program grant funds in the amount of $10,617 not spent in calendar year 2007 and reappropriated in 2008, are reappropriated to Account No. Allegany County Board of Legislators, Regular Session, 02/23/09 Page 9 of 14
A3645.217 (Homeland Security – Equipment) with a like sum credited to Revenue Account No. A10.3306.SHF7 (Homeland Security – Sheriff’s Office).
2. That Homeland Security grant funds in the amount of $63,000 not spent in calendar year 2007, and reappropriated in 2008, are reappropriated to Account No. A3645.218 (Homeland Security – Equipment) with a like sum credited to Revenue Account No. A10.3306.EMG8 (Homeland Security State Aid – Emergency Services).
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Truax 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 40-09
ACCEPTANCE OF HOMELAND SECURITY GRANT FUNDS FROM THE NEW YORK STATE OFFICE OF HOMELAND SECURITY AND APPROPRIATION OF SUCH FUNDS TO HOMELAND SECURITY ACCOUNTS
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That a Homeland Security Grant from the New York State Office of Homeland Security in the amount of $23,750 for the State Law Enforcement Terrorism Prevention Program (SLETPP) is accepted.
2. That the sum of $23,750 is appropriated to Account No. A3645.217 (Homeland Security – Equipment) with a like sum credited to Revenue Account No. A10.3306.SHF7 (Homeland Security – Sheriff’s Office).
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Hall 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 41-09
ACCEPTANCE OF 2008-2011 HOMELAND SECURITY SHSP GRANT FROM THE NEW YORK STATE OFFICE OF HOMELAND SECURITY AND APPROPRIATION OF GRANT FUNDS TO HOMELAND SECURITY ACCOUNTS
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That a Homeland Security SHSP grant from the New York State Office of Homeland Security in the amount of $71,250 is accepted.
Allegany County Board of Legislators, Regular Session, 02/23/09 Page 10 of 14
2. That the sum of $71,250 is appropriated to Account No. A3645.218 (Homeland Security – Equipment) with a like sum credited to Revenue Account No. A10.3306.EMG8 (Homeland Security – OES).
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 42-09
ACCEPTANCE AND APPROPRIATION OF CHECK FROM THE SAVE CANEADEA BRIDGE COMMITTEE
Offered by: Public Works Committee
RESOLVED:
1. That a check in the amount of $9,037.42 from the Save Caneadea Bridge Committee is accepted.
2. That the accepted sum of $9,037.42 is appropriated to Account No. D.822.CNDA.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No. 42-09: Several Legislators made note of the tremendous effort and devotion to community exemplified by Maxine Schembri and Miriam Morton, who spearheaded the campaign to save the Caneadea Bridge. At the time, there was concern that if the bridge was closed, it would cut off a significant number of residents from the rest of the town. The donated funds will be put in a separate account to assist in the future with needs related to that bridge, such as guard rails.
RESOLUTION NO. 43-09
APPROVAL OF ALTERNATIVES TO INCARCERATION SERVICE PLAN UPDATES FOR JANUARY 1, 2009 TO DECEMBER 31, 2009 AS SUBMITTED BY COUNTY PROBATION DIRECTOR; AUTHORIZING PROBATION DIRECTOR TO EXECUTE DOCUMENTS AND AUTHORIZING CHAIRMAN TO CERTIFY APPROVAL
Offered by: Public Safety Committee
Pursuant to Executive Law Article 13-A-Alternatives to Incarceration Service Plans
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RESOLVED:
1. That the Alternatives to Incarceration Service Plan Updates for January 1, 2009 to December 31, 2009, in relation to the continuation of the County’s Pretrial Release Program and Community Service Program, are approved.
2. The Director of Probation is authorized to execute and deliver all agreements necessary to complete the approval process of the Plan Updates.
3. That the Chairman of this Board is authorized to certify such approval on such Plan Updates.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Kruger 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 44-09
APPROVAL OF TRANSPORTATION MANAGEMENT AGREEMENT BETWEEN ALLEGANY COUNTY AND ALLEGANY ARC
Offered by: Ways and Means Committee
RESOLVED:
1. That the Transportation Management Agreement between Allegany County and Allegany Arc commencing March 2, 2009 and expiring March 2, 2012, is approved.
2. That the Chairman of this Board is authorized to execute said agreement.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hall 15 Ayes, 0 Noes, 0 Absent
(Memo: The agreement approved by Resolution No. 44-09 incorporates into the County’s Public Transit System the operation of the Allegany Arc transportation component. This action permits the County to obtain New York State Transportation Operating Assistance [STOA] based upon the number of miles and number of passengers carried by the Arc transportation system and is expected to generate additional revenue for the County in the amount of $125,000 to $150,000 per year.)
Comments made regarding Resolution No. 44-09:
Legislator Kruger pointed out that many of the legislators weren’t involved in the discussions about this agreement, but are being asked to vote with no information at all. He suggested that the matter be tabled, and it could be discussed at the Committee of the Whole meeting on February 24. Legislator O’Grady suggested that agreements be attached to proposed resolutions for review, because if a Legislator isn’t on Ways and Means, he doesn’t get the Allegany County Board of Legislators, Regular Session, 02/23/09 Page 12 of 14 information. Chairman Crandall noted that Dean McKnight from Arc and Carrie Whitwood from the Allegany-Western Steuben Rural Health Network were present to answer questions.
Legislator Hall commented that the Transportation Task Force was invited to a Committee of the Whole meeting a few months ago to talk about what they were doing and what was needed to move forward in order to cut County costs while still continuing the program. This agreement is the first key benchmark and will allow an agency that previously couldn’t provide transportation to the general public to do so. STOA funding will also be available to help with public ridership on the system and to cut the County’s contribution.
Legislator Kruger voiced concern that this agreement will obligate the County to continue supporting the system. County Administrator John Margeson noted that there is a 60-day “out” clause.
Legislator Reynolds noted that the reason this process began was because the County was losing a substantial amount of money. Carrie Whitwood has expended a tremendous amount of effort on this with the goal to provide service at less cost.
Legislator Burdick questioned if the increased revenue included in this year’s budget was estimated at the time assuming this contract and STOA funding would be implemented. Mr. Margeson replied that it was, and the figures are in line with estimates. Mr. Ungermann asked if the cost effectiveness of the program was looked at yet.
Carrie Whitwood explained that this contract for the transportation system, which will now be called “Allegany Rides,” is key to moving the County’s mobility management plan forward. We can look at where ACT is going and improve and rework that system to reach previously unserviced areas and employers. They will be bringing in a federally-funded manager. As soon as the system goes public, it will bring in STOA money to offset County costs, cutting them in half, if not more. There are no County dollars involved in this agreement.
Legislator Hall commented that routes will be changed to ensure that people who need rides will have them, and the manager will help. There will also be a marketing campaign to help encourage ridership, which will help tremendously.
Resolution Intro. No. 50-09 (Resolution to Pursue Grant Funding for the Creation of a Municipal Based Open Access Fiber Optic Backbone to Service the Needs of Allegany County) was not pre-filed and was considered from the floor on a motion made by Legislator Dibble, seconded by Legislator Hall and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
Allegany County Board of Legislators, Regular Session, 02/23/09 Page 13 of 14
RESOLUTION NO. 45-09
RESOLUTION TO PURSUE GRANT FUNDING FOR THE CREATION OF A MUNICIPAL BASED OPEN ACCESS FIBER OPTIC BACKBONE TO SERVICE THE NEEDS OF ALLEGANY COUNTY
Offered by: Ways and Means Committee
WHEREAS, Allegany County recently undertook a study of its telecommunications infrastructure and the needs of its various constituencies utilizing telecommunication services, and
WHEREAS, it has become readily apparent that current telecommunication services are inadequate to meet the ever increasing demands of our local businesses, schools, health care providers and residents, and
WHEREAS, in order to provide quality health care at a reasonable cost to our local residents, local health care providers need an upgraded and expanded telecommunications system so as to take advantage of recent developments in the area of telemedicine, and
WHEREAS, in order to provide our public school children with the full benefits of online teaching and other educational resources, our public schools will require an upgraded and expanded telecommunications system that provides economical access to such resources, and
WHEREAS, in order to effectively compete with institutions of higher learning around the world, our local colleges and university must be able to take advantage of and offer a full range of online educational services, and
WHEREAS, in order to assist the Center for Advanced Ceramic Technology at Alfred University in performing its mission of ongoing research and collaboration with other research centers around the world, a state of the art telecommunications infrastructure is critical to such mission, and
WHEREAS, in order to compete effectively with businesses around the world, our local businesses need to be able to take advantage of the latest telecommunication advances so as to effectively market themselves and provide products and services in the most cost effective manner, and
WHEREAS, in order to adequately protect the health and safety of our County residents, our first responders need to be able to take advantage of advances in telecommunications, and
WHEREAS, in order to reduce the significant tax burden on Allegany County residents while enhancing our quality of life, we must be able to provide advanced telecommunications services for both our businesses and homes, and Allegany County Board of Legislators, Regular Session, 02/23/09 Page 14 of 14
WHEREAS, the County believes that the installation of a County-wide fiber optic backbone will immediately result in the creation of a significant number of new jobs and will provide a basis for significant continued job growth into the future, now therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators approves in principle the concept to create an open access fiber optic backbone network within Allegany County.
2. That the Chair of the Allegany County Board of Legislators is authorized to apply for grant funds to be used for the creation of an open access fiber optic backbone network within Allegany County.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Truax, seconded by Legislator Pullen and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $1,421,564.08 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 $1,214,052.)
ADJOURNMENT: The meeting was adjourned at 2:45 p.m. on a motion made by Legislator Truax, seconded by Legislator Kruger and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION MARCH 9, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by United States Army Captain Scott Golden.
INVOCATION: The Invocation was given by Legislator Hopkins.
ROLL CALL: 13 Present; 2 Absent (Legislators Reynolds and Truax).
APPROVAL OF MINUTES:
The Committee of the Whole meeting minutes of February 13, 2009 were approved on a motion made by Legislator Fanton, seconded by Legislator Hall and carried.
The Board meeting minutes of February 23, 2009 were approved on a motion made by Legislator Pullen, seconded by Legislator Dibble and carried.
The Committee of the Whole meeting minutes of February 24, 2009 were approved on a motion made by Legislator McCormick, seconded by Legislator Pullen and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Scott D. Golden, United States Army Captain, in grateful appreciation of his service to our country. Mr. Golden’s active service dates were from September 1996 through the present. He spent most of last year with a joint task force in Afghanistan, primarily serving as a medic, including civilians and children. Scott, who was accompanied by his father, Dave, acknowledged the recognition and noted that he was on leave spending time with family before going back to work next month. Mr. Golden led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program instituted this year to promote a deeper appreciation for the privileges we have in this country.
Chairman Crandall granted privilege of the floor to Lisa Lee, Literacy Volunteers Executive Director, regarding Career Day. This year marks the eighth year of the Business Education Community Coalition (BECC) conducting Career Day, which was originally started by J. Dennis Kirst. The event, organized through a lot of volunteer effort, will be held on Thursday, March 18, at the Wellsville Central School. Over 70 different careers and 49 businesses will be represented. Legislators were invited to attend.
Privilege of the floor was also granted to Dianne Baker, Cornell Cooperative Extension Executive Director, who gave an overview of Cooperative Extension’s activities and what the County receives in return for their investment. Last year, contacts including phone calls, educational meetings, and print media numbered in the tens of thousands for the major program areas of Youth Development, Public Health, Agriculture, and Family and Consumer Science. They reach a lot of people, providing information on a variety of topics to make life better. The County’s 2009 appropriation is $200,850, which represents an increase over last year, and in return Cooperative Extension gives back over $187,000 to the County by payment of fringe benefits for thirteen Health Department contract employees in the Women, Infants, and Children (WIC), Bioterrorism/Disaster Preparedness, and Health and Cancer Education Programs. Another County benefit of the WIC Program is the use of vouchers by participants to purchase over $1 million worth of goods at retail locations throughout the County. Ms. Baker pointed out that the biggest share of the County appropriation goes toward staffing, which leaves about $17,000 for things like insurance, mileage, and supplies. To make this stretch as far as possible, they have made cuts in all areas: staff hours were reduced by 2.5 hours per week, mileage was capped, all non-mandatory travel was eliminated, and only one newspaper, as opposed to three, will be published this year. They are trying to continue the job they are doing, and Ms. Baker noted that if the County appropriation was eliminated, they would have to close their doors because they are required to have local government support. They don’t receive a lot of other funding; during the past year they had just over $10,000 in grants for salaries, which is not a large amount. The biggest share of funding is through County government.
Representatives from the following departments and agencies were present to answer questions regarding their 2008 Annual Reports: Office for the Aging, Community Services, Coroners, Board of Elections, Emergency Services, Fire Service, Health Department, Public Works, and Real Property Tax Service Agency.
Privilege of the floor was granted to Legislator David Pullen who addressed the Board on Economic Recovery and Reinvestment Act issues. Mr. Pullen located a document, or handbook, on the Governor’s website that will aid in the process of figuring how to get funds from the “greatest giveaway in history.” There are many different programs available in New York and quite a number that could potentially benefit Allegany County, some that local governments would qualify for, provisions for non-profits such as fire departments and ambulance companies, and provisions for housing. It’s very important to get the word out. Mr. Pullen suggested that Legislators review the information, and make their local districts aware of the handbook and the Governor’s website. There will be several hundred million dollars coming to Allegany County, and this is a chance to get funding that will be a one-time opportunity. Mr. Pullen noted that he basically doesn’t support this massive giveaway of public dollars, but since it’s done and the money is going to be given away, we owe it to our constituents to get every penny we can. The handbook also includes agency contact people for the programs we’ll be dealing with. There’s been no decision made yet on how to respond or whose responsibility it is, but this will take a lot of time and every Legislator and major community leader should be involved. Allegany County needs to be heard and not left behind. We need to follow through. Mr. Pullen suggested that we may need to use some of the funding for the Federal Medical Assistance Percentage (FMAP) program to fund staffing to look into this. An Assistant County Administrator position was established in 2008, and possibly that position should be filled now, either to handle this responsibility, or to free up some of the County Administrator’s time for it. The money will be given away, and we need to take advantage of the opportunity.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
1. Copies of the 2008 Annual Reports from the following departments and agencies were distributed for review: Employment and Training, Public Defender, Soil and Water Conservation District, STOP DWI Program, Veterans’ Service Agency, Workers’ Compensation, and Youth Bureau. Representatives will be present at the next Board meeting to answer questions regarding those reports.
2. The Real Property Tax Service Agency Director filed a copy of the County-wide Collaborative Assessing Considerations for Allegany County Study in the Clerk of the Board’s Office on February 18, 2009.
3. The County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Lien in the Clerk of the Board’s Office on February 26, 2009 for property in the Town of Scio, pursuant to Article 11 of the State of New York Real Property Tax Law.
4. Notice was received for the next InterCounty Association meeting to be hosted by Allegany County at Alfred University on March 20. RSVPs should be made by March 12.
5. Town of Grove Resolution No. 1-09 and Northeast Allegany County Coalition Resolution No. 09-01, Seeking Assistance and Support from Government Representatives to Provide the Emphasis and Incentives to Verizon Communications to Provide Vital Technological Services, were received.
6. Correspondence was received from the Northeast Allegany County Coalition supporting and recommending having the Greater Allegany County Chamber coordinate tourism.
7. Correspondence was received from the Allegany County Dairy Princess inviting Legislators to attend the 45th Annual Dairy Princess Pageant on April 4, 2009.
PROCLAMATION:
Chairman Crandall proclaimed March 19, 2009, as the 8th Annual Career Day in Allegany County, in recognition of the importance of successful career decisions for our youth, and urged residents to attend the event to be held March 19 at the Wellsville Central School.
RESOLUTIONS:
Prior to consideration of Resolution Intro. No. 51-09 (Requesting State Legislative Representatives to Introduce and Seek Passage of Legislation Authorizing Allegany County to Continue the Additional One and One-Half Percent County Sales Tax for Three Years), Legislator Dibble, Majority Leader, requested a Republican Caucus at 2:35 p.m. Following the caucus, Chairman Crandall reconvened the meeting at 2:40 p.m.
RESOLUTION NO. 46-09
REQUESTING STATE LEGISLATIVE REPRESENTATIVES TO INTRODUCE AND SEEK PASSAGE OF LEGISLATION AUTHORIZING ALLEGANY COUNTY TO CONTINUE THE ADDITIONAL ONE AND ONE-HALF PERCENT COUNTY SALES TAX FOR THREE YEARS
Offered by: Ways and Means Committee
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 121 of the 2007 Laws of the State of New York, the County of Allegany was authorized to impose an additional one and one-half percent sales tax for the period December 1, 2007 to November 30, 2009, and
WHEREAS, by Resolution No. 170-07, such additional sales tax was imposed for such period, and
WHEREAS, Allegany County is presently at 80 percent of its constitutional taxing limit for real property taxes, and
WHEREAS, Allegany County will be at 100 percent of such constitutional taxing limit if such additional sales tax is not reauthorized, and
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 property 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 requests our State legislative representatives to introduce and seek passage, in the State Senate and Assembly, legislation to authorize Allegany County to continue its additional one and one-half percent County sales tax for at least the period December 1, 2009 to November 30, 2012.
2. That the Clerk of this Board is directed to send certified copies of this resolution to Senator Catharine M. Young and Assembly members Daniel J. Burling and Joseph M. Giglio.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Hall 9 Ayes, 4 Noes, 2 Absent Voting No: Kruger, McCormick, Russo, Ungermann
(Memo: Resolution No. 46-09 is the first step in the process to continue the additional one and one-half percent County sales tax beyond the November 30, 2009 expiration date as set forth in Resolution No. 170-07. Based on sales tax revenue receipts of $18,240,275 for 2008, the additional one and one-half percent sales tax resulted in $6,080,092 revenue.)
Comments made regarding Resolution No. 46-09:
Legislator Kruger objected to the use of a caucus to discuss the vote on a pending resolution, and stated that it was one more reason for his non-support of continuing the additional one and one-half percent sales tax.
Legislator Ungermann did not support the additional sales tax because of the half percent competitive disadvantage with our neighboring counties. Allegany County’s budgeted appropriations have increased by more than $12 million over the past three years, and he has seen little effort to make cuts in order to save taxpayers money. Until he sees some effort to reduce the cost of government, he can’t support this.
Legislator McCormick noted that a lot of focus is given to manufacturing and agriculture in our County, but we need to look at the retail sector also. Restaurants and small stores are at a disadvantage in this County. It’s important to note that if we lose that retail sale to another county, we not only lose the .5 percent, but also the 4 percent sales tax, so we are actually losing more than gaining. Mr. McCormick suggested going back to the level where neighboring counties are, and compete on a level playing field. If that doesn’t work, we could always implement the additional tax later.
Legislator Fanton questioned if a calculation was done for the potential property tax increase that would be needed if the additional sales tax is voted down. County Administrator John Margeson responded that it translates into a 24 percent property tax increase. Mr. Fanton pointed out that would affect all localities more than continuing the additional sales tax. We don’t want to raise property taxes. Our sales tax revenue has shown increases every year, so we’re not giving anything away to neighboring counties.
Legislator Russo commented that his problem with the resolution was the same as Legislator Ungermann’s. When the Court Facilities Project bond issue came up, he was under the impression that decisions would be made on eliminating some non-mandated program expenses. Mr. Russo also referred to past comments made by Mr. Ungermann about our County’s numerous tax exemptions. No effort is being made to reduce the cost of running government; if it was, then maybe he could support this.
RESOLUTION NO. 47-09
AUTHORIZING COUNTY ADMINISTRATOR AS THE INDIVIDUAL RESPONSIBLE FOR PURCHASING FOR ALLEGANY COUNTY
Offered by: Ways and Means Committee
Pursuant to General Municipal Law § (2) (f)
WHEREAS, effective January 1, 2009, the General Municipal Law requires that the procurement policies and procedures of each political subdivision and district identify an individual or individuals responsible for purchasing, now, therefore, be it
RESOLVED:
1. That this Board of Legislators hereby appoints the Allegany County Administrator as the individual responsible for the purchasing for Allegany County.
2. This resolution shall take effect immediately.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Dibble 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 48-09
CHANGING LOCATION AND DATE OF JULY 27, 2009 REGULAR BOARD MEETING
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 July 2009 shall be held on July 22, 2009 at 2:00 PM and not on July 27, 2009 at 2:00 PM.
2. Notwithstanding Rule 110.F. of County Board Rules, the second regular Board meeting for July 2009 shall be held at the Allegany County Fairgrounds, Angelica, New York and not at the Board Chambers in Belmont, New York.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Fanton 13 Ayes, 0 Noes, 2 Absent
(Memo: Regarding Resolution No. 48-09, changing the date and location of a Board meeting to coincide with the Allegany County Fair not only creates a historical event, but it also provides an opportunity for our youth and citizens to observe and participate in local government.)
A motion was made by Legislator Hopkins, seconded by Legislator Kruger and carried to amend Resolution Intro. No. 54-09 (Sale of Tax Lands in the Village of Friendship and Village of Almond) to change the wording of the Village of Friendship to the Town of Friendship in the title and the parcel description.
RESOLUTION NO. 49-09
SALE OF TAX LANDS IN THE TOWN OF FRIENDSHIP AND VILLAGE OF ALMOND
Offered by: Ways and Means Committee
WHEREAS, Jeffery M. Wolf, 11 West Main Street, Friendship, New York 14739 has agreed to Terms of Sale and offered the sum of $1.00 plus the clean-up of the property within one year for a deed of the County's interest in premises formerly assessed on the tax rolls to Christopher M. Bilby and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Friendship, County of Allegany and State of New York, described as follows, viz: 12 West Main Street 27.20’ x 110.00’ Class Code 481 Tax Map No. 182.12-2-8, and
WHEREAS, the Village of Almond, (No Street or Number) P. O. Box 239, Almond, New York 14804 has agreed to Terms of Sale and offered the sum of $1.00 plus current year’s tax for a deed of the County's interest in premises formerly assessed on the tax rolls to Charles Henderson and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Village of Almond, County of Allegany and State of New York, described as follows, viz: Canacadea St 1.70 Acres Class Code 311 Tax Map No. 126.11-1-19, and
WHEREAS, the Ways and Means Committee believes that the Terms of Sale and the above sums offered are fair and reasonable and the best that can be obtained under the circumstances and that the sales will be advantageous to the County, now, therefore, be it
RESOLVED:
1. That such agreed to Terms of Sale and monetary offers are 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 purchasers a quit claim deed of the County's interest in such premises, and to attach to such deeds the official seal; all upon satisfaction of the Terms of Sale and full payment to the County Treasurer of the monetary offers.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Pullen 13 Ayes, 0 Noes, 2 Absent
(Memo: Regarding Resolution No. 49-09, the bidder on the Friendship property plans to demolish the building that was destroyed in the December fire and clean up the site. The Almond property was purchased via a municipal offer for a planned water tower installation.)
RESOLUTION NO. 50-09
A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2008 AND 2009 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 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 Alfred is ordered and directed to correct in the 2009 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Palmer, David C. & Aurora L.: Parcel 152.-1-41 Assessment: Land $68,800 Total $68,800 this parcel is a duplicate parcel and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:
Allegany County $45.44 Town 16.49 Fire 1.59 Alfred Fire Hyd. .14 Total $63.66
5. That the Tax Collector of the Town of Angelica is ordered and directed to correct in the 2009 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Benson, Irvine S.: Parcel 120.18-1-96 Assessment: Land $700 Total $700 this parcel should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:
Allegany County $10.71 Town 2.31
Total $13.02
6. That the Tax Collector of the Town of Belfast is ordered and directed to correct in the 2009 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Cole, Monica & David: Parcel 118.-1-12.2 Assessment: Land $12,000 Total $12,000 this parcel is a duplicate parcel and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:
Allegany County $205.24 Town 149.41
Total $354.65
b. Crandall, Donald W., Etal.: Parcel 144.-1-3.3 Assessment: Land $21,200 Total $21,200 this is a duplicate parcel and should not have been taxed, and the County Treasurer is directed to make the following charges on her books:
Allegany County $362.58 Town 263.96 Fire 23.33 Total $649.87
7. That the Tax Collector of the Town of Willing is ordered and directed to correct in the 2008 and 2009 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Collins, Lana M.: Parcel 265.2-1-23; Parcel 265.2-1-22 Assessment: Land $400 Total $400; Assessment: Land $3,900 Total $3,900 these parcels should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:
Allegany County $5.98 $58.35 Town 2.18 21.26 Fire .34 3.27 School Relevy 10.22 99.65 Total $18.72 $182.53
b. Collins, Lana M.: Parcel 265.2-1-22; Parcel 265.2-1-23 Assessment: Land $3,900 Total $3,900; Assessment: Land $400 Total $400 these parcels were combined with another and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:
Allegany County $59.39 $6.09 Town 21.77 2.23 Fire 3.27 .34 School Relevy 99.45 10.20 Total $183.88 $18.86
8. That the Tax Collector of the Town of Willing is ordered and directed to correct in the 2009 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Fanton, James R. Parcel 265.-1-12.21 Assessment: Land $6,900 Total $6,900 this parcel was a duplicate parcel and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:
Allegany County $57.87 Town 21.21 Fire 5.79 Total $84.87
9. 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.
10. 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, 2009. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2009.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Hall 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 51-09
TRANSFER OF FUNDS WITHIN HISTORIAN ACCOUNT
Offered by: Ways and Means Committee
RESOLVED:
1. That the sum of $259 is transferred from Account No. A7510.4 (County Historian – Museum Stock) to Account No. A7510.2 (County Historian – Equipment) to cover the expense of a digital camera.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Fanton 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 52-09
APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND THE GREATER ALLEGANY COUNTY CHAMBER OF COMMERCE; AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT
Offered by: Ways and Means Committee
RESOLVED:
1. That Agreement between the County of Allegany and the Greater Allegany County Chamber of Commerce to administer tourism as the County Tourism Promotion Agency for an annual fee of $50,000, commencing March 9, 2009 and ending on March 8, 2010, is approved.
2. That the Chairman of this Board is authorized to execute said Agreement.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Pullen 12 Ayes, 1 No, 2 Absent Voting No: O’Grady
Comments made regarding Resolution No. 52-09:
Legislator O’Grady stated that he agreed with the concept of the resolution, but also agreed with Mr. Russo’s and Mr. Ungermann’s earlier comments on spending. The cost of the agreement is $40,000 more than current expenses. In two years we’ll be dealing with a 3.5 percent tax increase at the minimum just to support the Court Facilities Project bond pay back, as well as a yearly increase of at least one-half percent for the Crossroads issue and an unknown total for the Court Street property purchases. We still don’t know the final state budget cut figures, but we already have seen a $15,000 cut to Office for the Aging. Mr. O’Grady would support the Tourism agreement if the annual fee was the same as we’re currently paying. Some say we will recoup the expense through increased sales tax, which may be possible, but there’s no guarantee.
Legislator Ungermann felt the Tourism agreement was an investment in the future of Allegany County. We’re fortunate to have this opportunity and have someone that can take this on and has the energy to put into it.
Legislator Kruger supported the agreement, but would expect some type of report next year to indicate that it was a wise investment. Mr. Kruger noted that this Board as a whole has been proactive in investing in the County’s future and looking for projects that would put the County into a better position.
Legislator Pullen also agreed that this is one situation where we have to get the County moving. He was impressed with the Greater Allegany County Chamber of Commerce’s presentation to the Ways and Means Committee, and he believes this is one program that will generate dividends and enable us to get grants to strengthen our position.
Resolution Intro. No. 58-09 (Resolution Requesting Governor Paterson to Authorize the Funding of a Previous Award of State Monies to the Allegany County Office for the Aging) was not pre-filed and was considered from the floor on a motion made by Legislator Dibble, seconded by Legislator Kruger and carried by an affirmative voice vote of the requisite two- thirds of the Board membership.
RESOLUTION NO. 53-09
RESOLUTION REQUESTING GOVERNOR PATERSON TO AUTHORIZE THE FUNDING OF A PREVIOUS AWARD OF STATE MONIES TO THE ALLEGANY COUNTY OFFICE FOR THE AGING
Offered by: Legislator David Pullen
WHEREAS, the Allegany County Office for the Aging had previously submitted a grant proposal for Fifteen Thousand Dollars ($15,000) to assist in purchasing “blizzard boxes” and providing respite care to at-risk senior citizens in Allegany County, and
WHEREAS, the Office for the Aging had been notified that the funding was approved as part of Senator Catharine M. Young’s “member initiative,” and
WHEREAS, a similar request had been made and funded as a “member initiative” for the last several years, and
WHEREAS, based upon the notice of award, the Office for the Aging has already expended $4,684.29 to purchase and distribute “blizzard boxes,” and
WHEREAS, provision of these “blizzard boxes” is critical for assuring that our senior “shut-ins” are not without food during extended periods of inclement weather, and
WHEREAS, without the provision of adequate food via the “meals on wheels” program and the emergency “blizzard boxes” many of our senior “shut-ins” who reside in remote rural regions would need to enter nursing homes in order to assure that their basic nutritional needs are met, and
WHEREAS, the provision of “respite care” provides an opportunity for live-in caretakers, consisting of family members and friends, to be spelled off so that they can take care of their own urgent business, such as personal medical care and doctor appointments, and
WHEREAS, without the ability of these live-in caretakers to be spelled off, those under their care would likely need nursing home care, and
WHEREAS, the cost of nursing home care is a major financial burden that is borne by both the state and the county through the provision of Medicaid when sufficient private resources are unavailable, and
WHEREAS, a large proportion of our senior population lives below the poverty guidelines, and
WHEREAS, through the careful stewardship of these grant dollars, it is believed that the Allegany County Office for the Aging has saved the State of New York substantial sums of money well in excess of any grant funds paid out by preventing the necessity for nursing home care, and
WHEREAS, allowing our senior citizens to remain at home not only saves taxpayer dollars, but greatly enhances their quality of life and the lives of their neighbors, and
WHEREAS, in recognition of the state’s critical financial situation as well as Allegany County’s difficult financial situation, it is imperative that we assist our state officials in making sound decisions regarding limited taxpayer resources, now therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators requests that Governor David A. Paterson authorize the funding of the sum of Fifteen Thousand Dollars heretofore budgeted as a “member initiative” to assist the Allegany County Office for the Aging in providing “blizzard boxes” and respite care.
2. That certified copies of this resolution shall be forwarded to New York State Governor David A. Paterson, Director of the New York State Office for the Aging Michael J. Burgess, Senator Catharine M. Young, Assemblyman Joseph M. Giglio, Assemblyman Daniel Burling, and Governor Paterson’s local representative, Tom Carpenter.
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Kruger 13 Ayes, 0 Noes, 2 Absent
Comments made regarding Resolution No. 53-09:
Legislator Pullen noted that he learned of the referenced funding cancellation last week. Office for the Aging Director Kimberley Toot heard from State Senator Cathy Young that funding assigned as a member item and already allocated and spent was now being cancelled. Mr. Pullen felt that every Legislator could support this resolution, as these are some of our most vulnerable residents. Chairman Crandall commented that the resolution could be approved by a voice vote, but requested a roll call vote as a show of support.
AUDITS:
A motion was made by Legislator O’Grady, seconded by Legislator Fanton and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Hopkins, seconded by Legislator Pullen and adopted on a roll call vote of 13 Ayes, 0 Noes, 2 Absent, that the audit of claims, totaling $4,411,214.61 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 $1,560,924.)
ADJOURNMENT: The meeting was adjourned at 3:12 p.m. on a motion made by Legislator Kruger, seconded by Legislator Pullen and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION MARCH 23, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Leon Lobdell, United States Army Air Force 1st Lieutenant.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 15 Present; 0 Absent.
APPROVAL OF MINUTES:
The Board meeting minutes of March 9, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried.
PUBLIC HEARING:
Chairman Crandall closed the regular meeting to hold a public hearing on the modification and continuation of Agricultural District Number Four within the Towns of Alfred, Andover, Independence, Ward, and Willing. 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 Crandall took the floor to present a certificate of appreciation to Leon Lobdell, for his service in the United States Army Air Force from December 1942 to October 1945. Chairman Crandall read from a couple of newspaper articles highlighting Mr. Lobdell’s service, including his deployment to England as a navigator on a B-17 bomber and the eleven months he spent in a German prison camp. Among his decorations were the Air Medal, Prisoner of War Medal, ETO Medal with one battle star, WWII Victory Medal, NYS Conspicuous Service Cross, Navigator’s Wings, and Gunner’s Wings. Mr. Lobdell led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall presented a certificate to Probation Director David Sirianni, in recognition of his 32 years of service to Allegany County, from the beginning of his career as a Probation Officer Trainee in 1976 to his retirement at the end of this week. Mr. Sirianni remarked that the past 32 years have been outstanding, working alongside the most dedicated, loyal people, and he felt honored to have served the Board of Legislators.
Chairman Crandall presented a certificate to the April 2009 Employee of the Month, Deborah J. Frost, of the Social Services Department, in recognition of her hard work and dedication to the County.
Privilege of the floor was granted to Office for the Aging Director Kimberley Toot, Social Services Commissioner Patricia Schmelzer, and Veterans’ Service Agency Director H. Scott Spillane to speak in support of Resolution Intro. No. 65-09 approving a lease agreement with the Industrial Development Agency for facilities at the Crossroads Center. Ms. Toot commented that the Office for the Aging has been in its present location since 1976, at which time they had three full-time employees and one part-time employee. Currently there are 14 full-time employees and one part-time employee sharing very cramped quarters. Conditions in the building are very poor, inadequate, and unsafe, and there are no provisions for confidentiality. Everyone agrees that something must be done. Under the NY Connects Program, OFA has been planning for the past three years to provide for a single point of entry for the long-term care services provided by the County. This plan includes co-location of OFA, DSS, and Veterans’ Services staff. They’ve also been working with the Allegany Senior Foundation to develop a center near the building to provide meeting space for wellness, cultural, and educational programs for older adults. A one-stop facility will provide a centralized, accessible place where older people and their caregivers can come to meet privately with workers and be treated with the dignity they deserve.
Social Services Commissioner Patricia Schmelzer commented that Allegany County government has historically been known for their cooperation with municipalities and willingness to work in partnership with others. Following the Board’s leadership, County agencies and community partners also work well together. This leadership, our geography, and the needs of the people we serve require that we make the most of available resources. Staff members from OFA, DSS, and Veterans’ Services are experts in their programming areas. They serve a common group of clients. Locating these staff together will enable them to learn from each other, and having the expertise in one location available to the shared clients can only enhance their ability to do their job well.
Veterans’ Service Agency Director Scott Spillane addressed the Board, noting his ten years of working with veterans and their families and helping people in the County to make their lives a little better. His clients are some of the same clients that Office for the Aging works with. Over the last two or three years, he has processed more claims in nursing homes and assisted care facilities than in the previous seven years. Our veterans are getting older. When filing claims in the office, it’s very difficult for some veterans, their widows, or family members to navigate up to the second floor in a wheelchair, and they sometimes require assistance getting back out to their vehicles. Mr. Spillane noted that a one-stop shop would be a valuable asset and save a lot of time in providing services.
Privilege of the floor was granted to Wallace C. Higgins, Allegany Senior Foundation President. This non-profit organization helps meet the unmet needs of seniors by aiding in keeping them warm, safe, informed, and above all, keeping them in their homes. Mr. Wallace stated that OFA's physical office is a time bomb ready to explode due to deterioration. There exists a mental time bomb as well for office personnel who are trying to do their duties in extremely close quarters. The elderly population and veterans’ needs are rapidly expanding. For two years, the Foundation, as a volunteer group, has spent time and much effort to alleviate the physical concerns of the office. Money is tight, but so is time. There is a solution. Although they have been informed there are other areas that might be available for OFA office space, the current solution is very practical, and there has been an overwhelming response to the validity of the Crossroads facility as a major OFA center; 313 petition signatures is a very strong statement. This space could eventually be available for a senior activity center, a place for senior forums, as well as a home away from home. Mr. Higgins also acknowledged the early response and desire of Houghton College to help make the Crossroads available for OFA activities. The Senior Foundation urged a positive response to the concerned efforts of so many people in planning for respectable, safe quarters.
Privilege of the floor was granted to County Historian and Tourism Specialist Craig Braack for the presentation of the 2009 Travel and Outdoor Guide. Mr. Braack commented on the common theme of the publication: “It’s about the people you see / It’s about the people, you see.”
Representatives were present from the following departments and agencies to answer questions regarding their 2008 Annual Reports: Employment and Training, Public Defender, Soil and Water Conservation District, STOP DWI Program, Veterans’ Service Agency, Workers’ Compensation, and Youth Bureau.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. April 2009 Board and Committee Meeting Calendar. (The Human Services Committee meeting was moved from April 15 to April 22 at 3 p.m.)
2. 2009 Allegany County Travel and Outdoor Guide.
3. Report of Tax Bill Corrections approved by the County Administrator in February 2009.
4. Report of Intrafund Transfers approved by the County Administrator in February 2009.
5. 2008 Annual Reports from the following departments and agencies were distributed for review: County Historian, District Attorney, Information Technology, Parks and Forests, Sheriff, Weights and Measures. Representatives will be present at the next Board meeting to answer questions regarding those reports.
The following communications were also acknowledged:
1. Notice of the next Fire Advisory Board meeting on Thursday, March 26, at 8 p.m. in the Public Safety Facility.
2. Invitation to attend the awards ceremony and reception for the winning students of the annual DAR Good Citizens/Scholarship Contest on April 4, 2009.
3. Invitation to attend the Tri-County Tobacco Free Programs Recognition Luncheon on April 22, 2009.
4. Invitation to attend the Friendship Free Library celebration of the installation of their “Lift.”
5. Southern Tier West Regional Planning and Development Board minutes from February 19 and notice of meeting for March 19.
APPOINTMENTS:
Chairman Crandall, in a joint measure with Crystal Abers, Chairman of the Cattaraugus County Board of Legislators, appointed Sherry Grugel, Executive Director of the Allegany County Chamber of Commerce, to serve on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD, filling the unexpired three-year term of Voni Walker which expires December 31, 2009.
Chairman Crandall appointed Andrew Zalar of Fillmore, New York, to serve as the Agri-Business member on the ALLEGANY COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD, for a four-year term commencing March 5, 2009, and expiring March 4, 2013.
RESOLUTIONS: RESOLUTION NO. 54-09
APPOINTMENT OF ROBERT D. STARKS AS COUNTY PROBATION DIRECTOR; FIXING ANNUAL SALARY
Offered by: Public Safety Committee
RESOLVED:
1. That Robert D. Starks is appointed as the County Probation Director commencing March 28, 2009, at an annual salary of $56,000.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Reynolds 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 55-09
AMENDMENT OF COUNTY NON-UNIT SALARY PLAN TO ADD TITLE OF COUNTY ELECTION TECHNICIANS AND COUNTY ELECTION INSPECTORS TO SECTION FOUR
Offered by: Personnel Committee
RESOLVED:
1. That Section 4. of Resolution No. 297-75, as amended, is amended by adding the following titles:
Title Salary
County Election Technicians $ 15 per hour County Election Inspectors $ 85 per day for primary elections $135 per day for general elections
2. This resolution shall take effect March 24, 2009.
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Russo 15 Ayes, 0 Noes, 0 Absent
RESOLUTION INTRO. NO. 61-09 (CREATING THREE FULL-TIME POSITIONS OF 911 DISPATCHERS IN COUNTY SHERIFF’S DEPARTMENT) was TABLED following a motion made by Legislator Fanton, seconded by Legislator Truax and carried in order to allow time to gather more complete 911 call volume data. (Opposed: Reynolds.) The Sheriff’s Memorandum of Explanation included that the request was due to the additional work load that will result from the transfer of Wellsville’s calls to the County’s E-911 Dispatch Center. The MOE also requested authorization to fill those three full-time dispatcher positions, as well as nine part-time dispatcher positions. Comments made regarding the proposed resolution prior to its being tabled included the following:
Legislator O’Grady reported that he spoke with the Wellsville Police Chief and was told the transfer of 911 calls hasn’t taken place yet. The number he was given for Village 911 calls in 2008 was a little over 1,000, which is just three calls per day. That doesn’t warrant the $132,000 expense. Mr. O’Grady would not support the resolution, but noted that he could support putting extra part-time staff on in busy times.
Sheriff Tompkins reported that their target date for take-over of Wellsville’s 911 dispatch calls was April 15, but they were not going to meet that date due to technical problems. The Wellsville call volume numbers Sheriff Tompkins was given for 2008 included 165 fire incidents, 1,700 EMS incidents, and he hadn’t received police numbers yet. That figures out to be 155 incidents per month more than what they are presently handling even without the police numbers. The Sheriff also noted that there are numerous phone calls generated for each incident. For example, one incident last week generated 68 phone calls. He wouldn’t ask for the positions if they weren’t needed. Dispatch staff is too often in a situation where multiple emergencies are in progress and there are not enough people in the center.
Chairman Crandall noted that this resolution creates the positions, but the request to fill the positions would go to the Ways and Means Committee. He questioned if filling the positions would be delayed until we had actual call numbers, and if data would back up the request for a given number of positions. Sheriff Tompkins responded that he already has the fire and EMS numbers and is just waiting for the police numbers. When he goes to Ways and Means, he will have numbers to justify the positions.
Legislator Dibble questioned when the nine part-time positions would be filled. Sheriff Tompkins noted that seven people starting training class today, and they weren’t going to fill all the positions any time soon. They have a problem with training and retaining. Legislator Ungermann asked if raising the salary has helped with retention, to which the Sheriff replied that it has, but there is still the issue with part-timers who want full-time.
Legislator O’Grady commented on the influx in workloads and busy times in police departments, noting that they know when the busy times are and can fill in with part-time staff accordingly. He asked why this couldn’t be done in dispatch. He understood that the resolution only creates the positions, but usually when a position is created, it gets filled. He won't support new positions until after the transfer takes place and we have data on how it impacts dispatch at the County level. Sheriff Tompkins commented on the differences between a village police force and the County Dispatch Center: he can’t anticipate catastrophic incidents or know when “busy” times will require extra staff.
Legislator Truax asked if data is available from NYSAC on recommended number of calls to be handled by a dispatcher. Sheriff Tompkins replied that the department is evaluated every year, and going by the state’s recommendation, we’ve been down in staffing by almost a full eight hours in a 24-hour period for each of the last seven years.
Legislator Reynolds acknowledged appreciation of the part-time dispatchers and the training that’s required to be proficient. It’s difficult to keep them because they often want full-time. A full-time person is going to be more efficient and effective; part-time is a stop-gap, but not the answer to the problem.
Legislator Pullen commented that he couldn’t support the resolution at this point because although there are times we would like to approve the requests of department heads, there is the issue of the burden on the taxpayers and we have to draw a line somewhere. Mr. Pullen also referred to the process of authorizing filling positions by the Ways and Means Committee and suggested delaying this matter so that all 15 legislators would have a say in the decision (see action to table, above).
RESOLUTION NO. 56-09
AMENDMENT OF RESOLUTION NO. 94-99 TO INCREASE OFFICE OF COUNTY CLERK PETTY CASH FUND FROM $500 TO $650
Offered by: Personnel and Ways and Means Committees
RESOLVED:
1. That Section 1. of Resolution No. 94-99 is amended to read as follows:
1. There is established a revolving petty cash fund for the Office of County Clerk in the Motor Vehicle Division at his office in Belmont, New York, in the amount $650, to be used primarily for making change when individuals purchase licenses and registrations with cash.
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 1 No, 0 Absent Voting No: Kruger
RESOLUTION NO. 57-09
CREATING NEW ACCOUNTS FOR THE ACT II BATTERER’S PROGRAM PARTNERED BY THE SHERIFF’S OFFICE, PROBATION DEPARTMENT AND DISTRICT ATTORNEY’S OFFICE TO PROVIDE A PROGRAM SPECIFIC TO DOMESTIC VIOLENCE AND SPOUSAL ABUSE; APPROPRIATING FUNDS TO SUCH CREATED ACCOUNTS
Offered by: Public Safety and Ways and Means Committees
WHEREAS, the District Attorney’s Office has grant money to fund the ACT II Batterer’s Program for domestic violence and spousal abuse, and
WHEREAS, the annual budget for such program will be $10,000 to be disbursed to the new accounts on a bi-annual basis, now, therefore, be it
RESOLVED:
1. That the sum of $10,000 is appropriated to the following newly created accounts: Account No. A3117.449 (ACT II Batterer’s Program) and Revenue Account No. A03.2260.3117 (ACT II Batterer’s Program).
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Hopkins 15 Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No. 57-09: Legislator Fanton requested verification that if funding for the program was discontinued, the program would also be discontinued. County Administrator John Margeson replied in the affirmative.
A motion was made by Legislator Pullen and seconded by Legislator Fanton to TABLE Resolution Intro. No. 64-09 (Approval of Agreement with William W. Pulos, Esq. to Provide Administrator Services under Assigned Counsel Plan) to allow time for researching the responsibilities of the position and obtain information on reasons for the change. The motion to table was defeated on a roll call vote of 7 Ayes, 8 Noes, 0 Absent. Voting No were: Burdick, Crandall, Hall, Kruger, McCormick, Reynolds, Russo, Ungermann.
RESOLUTION INTRO. NO. 64-09 (APPROVAL OF AGREEMENT WITH WILLIAM W. PULOS, ESQ. TO PROVIDE ADMINISTRATOR SERVICES UNDER ASSIGNED COUNSEL PLAN) was DEFEATED on a roll call vote of 6 Ayes, 9 Noes, 0 Absent. Voting No were: Fanton, Hopkins, Kruger, McCormick, O’Grady, Pullen, Russo, Truax, Ungermann. Comments made regarding the proposed resolution included the following:
Legislator Kruger voiced his opposition to the agreement because, assuming all else was equal and the fact that there were no cost savings, the attorney’s office is located in Steuben County. The Legislature should support and promote Allegany County business.
Legislator Reynolds commented that Mr. Pulos has been a lifelong resident of the County, is very capable, and has the potential to save the County money. Mr. Reynolds also noted that in the past the County has contracted with Cattaraugus County attorneys for Public Defender conflicts.
Legislator Ungermann pointed out that County Clerk Rob Christman is always encouraging vehicle registrations be done here to keep the money local, and here we are considering moving a contract to another County. Mr. Ungermann felt it was strictly a political thing. If there is no complaint about the current Assigned Counsel Administrator, and there is no difference in the fee, we should keep the contract in the County.
Legislator McCormick felt the issue was whether to support an office in Hornell or the current one in Wellsville. The current contractor does a good job, and they want the contract. We should keep the contract in the County.
Legislator Russo commented that there was no legitimate reason this was happening; “if it’s not broke, don’t fix it.” The current contractor is doing a good job.
RESOLUTION INTRO. NO. 65-09 (APPROVAL OF LEASE AGREEMENT BETWEEN THE ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND THE COUNTY OF ALLEGANY FOR APPROXIMATELY 8,000 SQUARE FEET OF SPACE IN THE CROSSROADS COMMERCE CENTER LOCATED AT 6087 STATE ROUTE 19, BELMONT, NEW YORK) was TABLED for two weeks following a motion made by Legislator Dibble, seconded by Legislator Kruger and carried on a roll call vote of 9 Ayes, 6 Noes, 0 Absent. Voting No were: Crandall, Fanton, Hall, Hopkins, Pullen, Reynolds. Comments made regarding the proposed resolution included the following:
Legislator Kruger commented that although he doesn't support the resolution, he agrees that something needs to be done right away. There is an opportunity to give OFA, Veterans' Services, and Social Services staff more space, and maybe better space, for possibly less money. Mayor Schmelzer was in to address upgrading the Amity sewer system, and he mentioned to Mr. Kruger that there is space ready at the former Belmont School, including parking and the gym. It's ready to move into now without waiting for construction or having to deal with water and sewer problems. Mr. Kruger supported Crossroads for business and tourism, but doesn’t want to mix business services with social services.
Legislator Pullen noted that this issue has been worked on and lobbied for by the Senior Foundation for several years. They've looked at multiple options and had tours of the former school facility, which that board did not find suitable and it was not available at the time. He questioned if it is ready to move into now. It's time to move OFA, and this is the most cost effective option providing opportunities in the future as pointed out by Mr. Higgins.
Legislator O'Grady agreed with Mr. Kruger. OFA needs to move, but the issue is financial. The proposed IDA lease is for a total of ten years at a cost of $1 million. In two years, we'll have to start paying on the Court addition bond. This lease represents an additional half percent tax increase. Mr. O'Grady noted he was not sure where the money is coming from. He would have liked to see the third floor renovated, but that proposal failed due to lack of money. There is no money now for this lease agreement either.
Legislator Burdick also agreed that we have to move the Office for the Aging. He initially supported the Crossroads proposal at 5,600 square feet, which was three times the space they have now. The figure increased to 6,000 square feet, and then to 6,500. Now it’s up to 8,000 square feet at a cost of $102,000 per year to lease, or an increase of $19,000 from the 6,500 square foot proposal. Mr. Burdick has heard no good excuse for the extra space. We have to draw the line somewhere. He stated that he can't support this. Twenty-five percent of retired senior citizens in NYS only have Social Security to live on (the figure may be higher here). We can’t increase the tax rate on them. The $102,000 is new money needed for the budget, not just money we can shift around. If the contract was for the 6,500 square feet, he could support it,
Legislator Russo commented that there wasn't a person present that doesn’t agree Office for the Aging has to move, but he also represents the taxpayers. We can’t afford this right now with the bills and bonds coming up that we'll have to pay. We can’t continue to throw money at the problems we have when there are other options to explore. Mr. Russo recommended that we move diligently and quickly to explore those other options.
Legislator Hopkins noted that once or twice the Court Facilities Committee requested proposals from the Belmont Betterment Association regarding space at the former school, and we never get what we ask for. Mr. Hopkins assumes they are not interested.
Legislator Ungermann thanked the Senior Foundation, but also commented on the increasing tax burden. He has promoted the single point of entry concept, and the plan he laid out in April 2007 included co-location of several agencies. The IDA proposal addresses OFA and Veterans' Services, but single point of entry should include Social Services and Health. In 2007, the County still owned the former Belmont School, and it could have been remodeled at a cost of $100-150 per square foot. Building new would cost about $200 per square foot, so there’s a savings. The new portion of the building includes 56,000 square feet. Mr. Ungermann noted that he questioned the IDA's involvement in this proposal. They are supposed to be generating private sector jobs to increase the County’s tax base. With this contract, they are shuffling real estate and not creating anything. Mr. Ungerman also did not support the IDA's purchase of the Crossroads property, due to water and sewer issues. If the County built near the new jail facility via a design-build team, private capital would be building and we would lease from them. This idea was turned down. Mr. Ungermann questioned the figures in the IDA Crossroads deed and mortgage. The purchase price was $400,000, and the mortgage is for $450,000. IDA Executive Director John Foels responded. When the Houghton Foundation decided to sell the former Academy property, they wanted a higher purpose to be maintained. The Crossroads concept was a positive thing for them. The property was appraised two years ago and again last year prior to the sale at $750,000. The purchase price was $400,000. When the IDA approached the lender, the lender specified a $450,000 mortgage, with the extra $50,000 to be set aside for owner improvements on condition of approval by the bank. These funds are in a savings account and are included in the mortgage. They can be drawn out by approval of the IDA board and senior management of the bank. Replacement value is $1.2 million; appraised value is $750,000.
Legislator Ungermann noted that Mr. Pullen brokered this whole thing and requested he abstain from voting on the IDA lease resolution. Legislator Pullen later responded that to the best of his knowledge, there was no conflict of interest.
Legislator Reynolds stated that Mr. Pullen is the Chair of the Court Facilities and County Space Needs Committee and should not abstain. Mr. Reynolds also noted that the IDA would be content to have things stay as is. They didn’t push for this, but is only trying to assist. Regarding the school issue, Mr. Reynolds felt it should be put to rest. Several years ago, LaBella completed a study on rehabilitiation of the building and estimated it would cost $6 million. LaBella recommended building new as opposed to rehabilitating the former school building. The Board decided to move away from it at that time, and it is still not the best option for Office for the Aging. Mr. Reynolds supported the IDA Crossroads lease resolution and applauded all the work and effort that went into the proposal.
Legislator Fanton commented that the Crossroads lease issue should have been resolved today. That facility would fit the needs of the OFA and the Senior Foundation, and although it represented a half percent tax increase, no additional personnel would be required for maintenance. We're doing a disservice to the seniors of our County.
RESOLUTION NO. 58-09
RESOLUTION APPROVING AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND THE ALLEGANY-WESTERN STEUBEN RURAL HEALTH NETWORK FOR THE ESTABLISHMENT OF A MOBILITY MANAGEMENT PROGRAM
Offered by: Public Works and Ways and Means Committees
WHEREAS, by Resolution No. 177-2008, this Board authorized the County of Allegany to enter into an agreement with the New York State Department of Transportation (NYSDOT) acting as the designated recipient (DR) for the Federal Transit Administration (FTA) Grant funds, and
WHEREAS, Allegany County would receive the sum of $250,000 for the establishment of a Mobility Management program to be appropriated to an account designated by the County Treasurer, and
WHEREAS, the Mobility Management program is designed and intended to coordinate the provision of public transportation services throughout the County by primarily utilizing the Allegany County Transit system and the Arc Transportation system so as to provide a more efficient, non-redundant County-wide public transit system, now, therefore, be it
RESOLVED:
1. The Agreement with the Allegany-Western Steuben Rural Health Network for services and obligations associated with the $250,000 grant award to the County under the USDOT/NYSDOT Job Access and Reverse Commute/New Freedoms program, is approved.
2. The Chairman of this Board of Legislators is authorized to enter into such Agreement.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Truax 15 Ayes, 0 Noes, 0 Absent
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Truax, seconded by Legislator Hopkins and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $1,522,058.31 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 $1,907,796.)
ADJOURNMENT: The meeting was adjourned at 3:45 p.m. on a motion made by Legislator Kruger, seconded by Legislator Pullen and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION APRIL 13, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:08 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Wallace C. Higgins, former Army Air Corps Aviation Cadet.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 13 Present; 2 Absent (Legislators Hall and Truax).
APPROVAL OF MINUTES:
The Board meeting minutes of March 23, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Wallace C. Higgins, former United States Army Air Corps Aviation Cadet, in grateful appreciation of his service to our country. Mr. Higgins’ military service dates were from August 1943 to March 1947, and his duty stations included Saipan and Okinawa. Among the commendations Mr. Higgins received were: American Theater Ribbon, Asiatic Pacific Campaign Medal, and Victory Medal WWII. In addition to post-retirement consulting work, Mr. Higgins has been involved in various volunteer positions, including most recently the Allegany Senior Foundation. Chairman Crandall noted that without our veterans, we wouldn’t be able to be here or operate in a free society as we do. Mr. Higgins led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall granted privilege of the floor to Sheriff William Tompkins, who presented additional information regarding a resolution creating three new full-time 911 Dispatcher positions that was tabled at the last Board meeting. Sheriff Tompkins explained that some of these issues and requests are complex, and it’s difficult to portray all the background information within the time constraints of committee meetings. He reviewed some of the things that prompted his decision to request the positions. Technology in dispatch has risen dramatically. Also, in the past four and one-half years they have trained 33 new dispatchers, but have only retained nine. The training cost per person is over $4,000, not including the time for training officers during field training. That is a significant investment, and historically we have lost the majority of the newly trained dispatchers. Ten of the last 33 went to other dispatch centers. Even if training was not an issue, there is the technology requirement and skills involved for mastery of the job for true efficiency. It’s unrealistic to expect this on a part-time basis. Experience has shown that when a true emergency arises, part-timers have a difficult time dealing with it because they are not dealing with it on an everyday basis. We’re setting them up for failure. We are depending on part-time too much, but there is also an issue with understaffing. A point has been reached where for the sake of safety they want three dispatchers on duty at all times, which is not feasible with part-timers. Regarding the take-over of Wellsville’s 911 calls, the Sheriff timed his request for the additional positions until that process was close to being finalized. The extra call volume will make some difference, but is not the driving force. The Sheriff stated that we’re all in this for what’s best for Allegany County’s citizens, and he is concerned about safety. We’re exposing ourselves to liability that’s not necessary. Sheriff Tompkins is requesting these positions as a matter of necessity.
Representatives were present from the following departments and agencies to answer questions regarding their 2008 Annual Reports: County Historian, District Attorney, Information Technology, Parks and Forests, Sheriff’s Office, and Weights and Measures.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. April 2009 Village Supplement to the 2009 Directory of County, Town, and Village Contacts.
2. Report of Tax Bill Corrections approved by the County Administrator in March.
3. Report of Intrafund Transfers approved by the County Administrator in March.
4. 2008 Annual Reports from the following departments and agencies were distributed for review: County Administrator, Office of Development, Industrial Development Agency, Planning Board, Social Services, and Tourism. Representatives will be present at the next Board meeting to answer questions regarding those reports.
The following communications were also acknowledged:
1. The County Treasurer filed Certificates of Withdrawal of Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law for properties in the Towns of Cuba and Wirt in the Clerk of the Board’s Office on March 25 and 30, 2009.
2. Correspondence from Friendship Town Supervisor William Zacher in support of the development of an Allegany County Water and Sewer District extending from the Town of Friendship to the Belvidere Development Area.
3. Correspondence from the Friendship Fire Department thanking the Board for our contribution to the FASNY Collapsed Firefighter Fund.
4. Notice of the next InterCounty Association meeting to be hosted by Ontario County on April 17 at the Ramada Geneva Lakefront.
5. Correspondence from Crime Victims Coordinator Shannon Ozzella inviting Legislators to attend the Annual Crime Victims Awards and Recognition Ceremony on May 1 in the Board Chambers at 4 p.m.
6. Office for the Aging Director Kimberley Toot forwarded information regarding the 5th Annual Conference on Aging – Nurturing Our Livable Communities to be held at Alfred University on May 8, 2009.
7. Correspondence from the Blue Star Families Military Support Group indicating that the Group has been dissolved.
8. News Release from Southern Tier West Regional Planning and Development Board regarding their March 19 meeting.
9. Invitation to attend the 2009 Cattaraugus and Allegany Counties Tobacco Free Program Recognition Luncheon at Moonwinks on April 22 at 11:45 a.m.
APPOINTMENTS:
Chairman Crandall appointed the following as members of the ALLEGANY COUNTY YOUTH BOARD, for a three-year term commencing March 26, 2009, and expiring March 25, 2012, subject to confirmation by the Board of Legislators: Linda Edwards, Houghton (District I) Kathy Morris, Cuba (District II) Jack Emrick, Scio (District III) Michele Henry, Wellsville (District IV) Vicky Westacott, Alfred (District V)
Chairman Crandall appointed Richard (Butch) Lorow of Almond, New York, as the Alternate Landowner Representative Member of the REGION 9 FISH & WILDLIFE MANAGEMENT BOARD, for a term of two years, commencing immediately and expiring December 31, 2010, subject to confirmation by the Board of Legislators.
RESOLUTIONS:
Resolution Intro. No. 61-09 (Creating Three Full-Time Positions of 911 Dispatchers in County Sheriff’s Department) was removed from the table on a motion made by Legislator Dibble, seconded by Legislator Burdick and carried. This resolution was originally tabled on March 23, 2009.
RESOLUTION NO. 59-09
CREATING THREE FULL-TIME POSITIONS OF 911 DISPATCHERS IN COUNTY SHERIFF’S DEPARTMENT
Offered by: Public Safety Committee
RESOLVED:
1. That three full-time positions of 911 Dispatchers are created in the County Sheriff’s Department.
2. This resolution shall take effect on April 14, 2009.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Burdick 10 Ayes, 3 Noes, 2 Absent Voting No: McCormick, O’Grady, Russo
Comments made regarding Resolution No. 59-09 included:
Legislator Ungermann objected to the fact that even though we’ll be putting on three new full- time dispatchers, it will not cut overtime. By contract they work Monday through Friday, and no full-time staff is scheduled for weekends. Until something is changed, there will be no freedom in scheduling, and the overtime problem will never be solved.
Legislator Kruger stated that although he supported the resolution, it’s a tough decision in these economic times, and he hasn’t been a big supporter of new positions in any department. There is a problem in the area of dispatching, and public safety is expensive. It’s difficult to support the additional positions, but it’s hard to turn our backs on public safety.
Legislator Pullen agreed with the concerns that were raised, and he noted that it would be nice to change the overtime issues, but that will require changes in the collective bargaining agreements. In the meantime, public safety is important, and after hearing what the Sheriff had to say, Mr. Pullen based his support on the human value.
Legislator McCormick agreed with the public safety issue, but on the other side of the equation he wondered how much more the local taxpayers could “pony up.” Having dispatchers three deep 24/7 is a reasonable safety net, and he’s not willing right now to support adding three more full-time staff at a cost of $150,000. The economy is not in that great of shape.
Legislator Reynolds commented that unlike correction officers, the expertise and proficiency of dispatch staff increases as they work day to day. We have good part-timers, but it’s hard to call them in only occasionally and expect the same level of expertise the full-timers have.
RESOLUTION NO. 60-09
RESOLUTION CONTINUING AGRICULTURAL DISTRICT NUMBER FOUR WITH MODIFICATIONS
Offered by: Public Works Committee
Pursuant to Agriculture and Markets Law Sections 303-a and 303-b
WHEREAS, Agricultural District Number Four, being within the Towns of Alfred, Andover, Independence, Ward and Willing, was originally created as Agricultural District Number Six on August 7, 1977, and renamed Agricultural District Number Four on May 28, 2002, and modified and continued on February 25, 2008 by Resolution No. 36-2008, and
WHEREAS, the eight-year review of Agricultural District Number Four for requesting inclusion of predominantly viable agricultural land into said District for calendar year 2009 has been completed, and
WHEREAS, ninety-one landowners have requested the inclusion of approximately 9,795.81 acres of predominantly viable agricultural land within Agricultural District Number Four, and
WHEREAS, four landowners have requested to be removed from Agricultural District Number Four totaling approximately 14.55 acres, and
WHEREAS, due notice of a public hearing on whether such predominantly viable agricultural land should be included and removed in the District having been published as required by Agriculture and Markets Law Section 303-b, and such hearing having been held before this Board on March 23, 2009, and
WHEREAS, this Board has duly deliberated on whether the District should be modified, now, therefore, be it
RESOLVED:
1. That this Board of Legislators determines after review of the report of the Agricultural and Farmland Protection Board and after a public hearing held on March 23, 2009, that Agricultural District Number Four be continued and modified to include the addition of 475.7 acres in the Town of Alfred, 499.42 acres in the Town of Alma, 29.30 acres in the Village of Andover, 2,621.11 acres in the Town of Andover, 74.95 acres in the Town of Bolivar, 1,426.81 acres in the Town of Genesee, 1,923.87 acres in the Town of Independence, 1,616.66 acres in the Town of Ward, 1,128.09 acres in the Town of Willing totaling approximately 9,795.91 acres and the removal of approximately 14.55 aces of predominantly viable agricultural land located in the Town of Willing.
2. That the Clerk of this Board is directed to send a certified copy of this resolution to the New York State Commissioner of Agriculture and Markets.
3. That this Board requests that the New York State Commissioner of Agriculture certify that the proposed inclusion of the approximately 9,795.91 acres of predominantly viable agricultural lands located in the Towns and Villages of Alfred, Alma, Andover, Bolivar, Genesee, Independence, Ward, Willing and the removal of approximately 14.55 acres of predominantly viable agricultural land located in the Town of Willing is feasible and in the public interest.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. McCormick 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 61-09
CONFIRMATION OF BOARD CHAIRMAN’S REAPPOINTMENTS TO COUNTY YOUTH BOARD
Offered by: Public Safety Committee
Pursuant to Resolution No. 95-79
RESOLVED:
1. That the reappointments by the Chairman of this Board of Linda Edwards, Kathy Morris, Jack Emrick, Michele Henry and Vicky Westacott to the County Youth Board, with term of office for each commencing March 26, 2009 and expiring March 25, 2012, are confirmed.
Moved by: Mr. Dibble Adopted: Voice Vote Seconded by: Mr. Hopkins
RESOLUTION NO. 62-09
RESOLUTION AUTHORIZING THE CHAIRMAN TO SIGN AND SUBMIT AN APPLICATION FOR A FUNDING GRANT THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
Offered by: Ways and Means Committee
WHEREAS, the County of Allegany is submitting a request for grant funds from the New York State Department of Transportation, pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA) for the purchase of ITS Mobility Management Software and PC and related equipment, and
WHEREAS, the County of Allegany and the State of New York will enter into an Agreement which authorizes the undertaking of the Project, and reimbursement to the municipality of 100 percent of the project cost through the American Recovery and Reinvestment Act of 2009 at a cost of up to or approximately $104,000, now, therefore, be it
RESOLVED:
1. That the Chairman of the Board of Legislators is authorized to sign the following:
a) The application for funding;
b) Any and all Agreements between the County of Allegany and the State of New York for the above named Project;
c) Any and all Agreements between the County of Allegany and any third party subcontractors necessary to complete the Project; and
d) Any and all Municipality/Vendor Contracts for the purchase and/or installation of vehicles and/or equipment pursuant to the application and agreement.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 13 Ayes, 0 Noes, 2 Absent
A motion was made by Legislator Reynolds, seconded by Legislator Dibble and carried to amend Resolution Intro. No. 70-09 (Sale of Tax Lands in the Towns of Caneadea and Ward and Villages of Angelica and Cuba) by changing the amount in paragraph 1 from $248 to $258 and the acreage in paragraph 7 from .38 to .36.
RESOLUTION NO. 63-09
SALE OF TAX LANDS IN THE TOWNS OF CANEADEA AND WARD AND VILLAGES OF ANGELICA AND CUBA
Offered by: Ways and Means Committee
WHEREAS, Town of Caneadea, 8911 State Route 19, P.O. Box 596, Caneadea, New York 14717 has agreed to Terms of Sale and offered the sum of $258.00 for a deed of the County's interest in premises formerly assessed on the tax rolls to James Slocum and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Caneadea, County of Allegany and State of New York, described as follows, viz: 8533 St Rt 19, 1.30 acres, Tax Map # 78.-1-41, and
WHEREAS, the Town of Ward, 4659 County Road 10, Scio, New York 14880 has agreed to Terms of Sale and offered the sum of $1.00 plus current year’s tax for a deed of the County's interest in premises formerly assessed on the tax rolls to Merri L. Young and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Ward, County of Allegany and State of New York, described as follows, viz: 4422 Vandermark Rd, Parcel A, 3.5 acres, Tax Map # 188.-1-15,
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Ward, County of Allegany and State of New York, described as follows, viz: 4422 Vandermark Rd, Parcel B, 1.2 acres, Tax Map # 188.-1-15.2, and
WHEREAS, Village of Angelica, 21 Peacock Hill Road, P.O. Box 158, Angelica, New York 14709 has agreed to Terms of Sale and offered the sum of $1.00 plus current year’s tax for a deed of the County's interest in premises formerly assessed on the tax rolls to Richard P. Sprague and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Village of Angelica, County of Allegany and State of New York, described as follows, viz: West Main Street, .36 acre, Tax Map # 120.18-1-14, and
WHEREAS, Village of Cuba, 17 East Main Street, Cuba, New York 14727 has agreed to Terms of Sale and offered the sum of $1.00 plus current year’s tax for a deed of the County's interest in premises formerly assessed on the tax rolls to Richard & Jennifer Hunt and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Village of Cuba, County of Allegany and State of New York, described as follows, viz: 14 Chapel Street, .25 acre, Tax Map # 179.7-3-65, and
WHEREAS, the Ways and Means Committee believes that the Terms of Sale and the above sums offered are fair and reasonable and the best that can be obtained under the circumstances and that the said sales will be advantageous to the County, now, therefore, be it
RESOLVED:
1. That such agreed to Terms of Sale and monetary offers are 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 purchasers a quit claim deed of the County's interest in such premises, and to attach to such deeds the official seal; all upon satisfaction of the Terms of Sale and full payment to the County Treasurer of the monetary offers.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 64-09
ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS
Offered by: Ways and Means Committee
WHEREAS, a check in the amount of $220 representing the full cost to replace a broken windshield on a County vehicle has been offered by NYMIR in settlement for such property damage, now, therefore, be it
RESOLVED:
1. That the amount of $220 from NYMIR representing the cost of replacing a broken windshield on a County vehicle that was broken during a court transport to Cuba on February 17, 2009 is accepted.
2. That the sum of $220 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680.00 (Risk Retention – Insurance Recovery).
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 65-09
TRANSFER OF FUNDS WITHIN PUBLIC HEALTH FAMILY PLANNING CLINIC ACCOUNTS
Offered by: Human Services Committee
RESOVED:
1. That the sum of $300 is transferred from Account No. A4035.409 (Fees) to Account No. A4035.201 (Office Equipment), to cover the cost of a heavy duty shredder.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Pullen 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 66-09
APPROVING CONTRACT WITH ALLEGANY-CATTARAUGUS LEGAL SERVICES, INC. FOR FAMILY COURT AND CRIMINAL COURT LEGAL REPRESENTATION OF INDIGENT PERSONS WHERE CONFLICT EXISTS WITHIN PUBLIC DEFENDER’S OFFICE; AUTHORIZING CHAIRMAN TO EXECUTE SUCH CONTRACT
Offered by: Public Safety 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 and Criminal Courts to those who are financially unable to obtain counsel pursuant to New York State County Law Section 722, and
WHEREAS, Allegany-Cattaraugus Legal Services, Inc. having an office at (No Street or Number), P.O. Box 96, Belmont, New York 14813, can provide the aforementioned legal services for an amount not to exceed $153,375, plus actual expenses for expert witnesses and other ordinary litigation expenses in an amount not to exceed $5,000, now, therefore, be it
RESOLVED:
1. That the Contract with Allegany-Cattaraugus Legal Services, Inc., to provide such indigent representation for a term commencing April 1, 2009 and terminating December 31, 2009 is approved. The Chairman of this Board of Legislators is authorized to execute a contract on behalf of Allegany County.
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. Dibble Adopted: Roll Call Seconded by: Mr. Fanton 10 Ayes, 3 Noes, 2 Absent Voting No: Kruger, Reynolds, Ungermann
Comments made regarding Resolution No. 66-09 included:
Legislator Kruger explained that his non-support was due to the fact that some of the members of the Legal Services group are also employees of the County, which he felt was a conflict of interest.
Legislator Ungermann reported that the Public Defender’s Office had 395 referrals for conflicts last year and 236 for the previous year. This year, we seem to be on track for the 250 range. Three months of the contract year has already gone by, and if Mr. Pullen’s article was correct in that the more we save on this type of service, the more it costs us, Mr. Ungermann would rather see the County pay on a per diem basis for the rest of the year. Mr. Ungermann would also like to see some accounting for time on each case to determine if we are getting our money’s worth.
Legislator Reynolds also referred to Mr. Pullen’s article about “maintenance of effort” as it relates to assigned counsel costs. This aspect of government concerns him in that if we save money we’re punished by the state and federal government withholding our subsidy. In so many cases, if you don’t spend what’s allocated, you’ll get less the following year. That’s his issue with this. The County did receive a lower quote, but if it had been accepted, we wouldn’t have upheld our “maintenance of efforts” and we would have actually lost money.
Legislator Pullen noted that he wrote the article (which appeared in the Cuba Patriot April 14) to present information, some of it provided by NYSAC. They are working on amendments for this issue. Mr. Pullen was not opposed to what Mr. Ungermann proposed, but the most expensive option is going to be the Assigned Counsel Program which involves payments of $75 per hour for each attorney appointed for the indigent defendants. When we did that a few years back, it was more expensive than any option being considered now. Mr. Pullen supported the resolution because he felt it represented the best interests of the taxpayers.
Legislator Dibble also supported the resolution, but asked that the Request for Proposals be done in the Fall this year for the next contract period.
RESOLUTION NO. 67-09
APPROVAL OF AGREEMENT WITH J. TIMOTHY EMBSER, 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, J. Timothy Embser, Esq., has agreed to act as Administrator pursuant to such Plan beginning April 13, 2009 and expiring April 12, 2010, now, therefore be it
RESOLVED:
1. That Agreement between the County of Allegany and J. Timothy Embser, Esq. in relation to the Assigned Counsel Plan for Indigent Persons, is approved.
2. That the amount of $15,000 to be paid pursuant to said Agreement shall be charged to Account No. A1171.431, Assigned Counsel.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Russo 12 Ayes, 1 No, 2 Absent Voting No: Reynolds
AUDITS:
A motion was made by Legislator Reynolds, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Reynolds, seconded by Legislator Hopkins and adopted on a roll call vote of 12 Ayes, 1 No, 2 Absent, that the audit of claims, totaling $4,767,293.15 including prepaid expenses, be approved for payment as recommended by the County Administrator (Opposed: Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $2,391,698.)
ADJOURNMENT:
The meeting was adjourned at 2:55 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Fanton and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION
APRIL 27, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by John M. Pastalenic, former United States Army Corporal.
INVOCATION: The Invocation was given by Legislator Truax.
ROLL CALL: 15 Present; 0 Absent.
APPROVAL OF MINUTES:
The Board meeting minutes of April 13, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Kruger and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to John M. Pastalenic, former United States Army Corporal, in grateful appreciation of his service to our country. Mr. Pastalenic’s military service dates were from February 1943 to October 1945. His training included paratroop training at Fort Benning, Georgia and ski troop training at Fort Hale, Colorado. Overseas duty stations were in Italy and Southern France, where he was shot and wounded. Mr. Pastalenic’s commendations included: Combat Infantry Badge, Parachute Badge, Bronze Star, Purple Heart, WWII Victory Medal, and Eastern-African-Middle Eastern Campaign Medal with 2 Bronze Service Stars. A photo was shared showing one of John’s paratrooper comrades dressed in 90 pounds of gear before a mission, which helps one to appreciate the position he was in parachuting over France. Mr. Pastalenic led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
PROCLAMATION:
Chairman Crandall proclaimed May 3-9, 2009 as Armed Forces Week in Allegany County, offering a special salute to those brave men and women who have and are still serving proudly and selflessly in that distinguished service.
PRIVILEGE OF THE FLOOR (continued):
Chairman Crandall presented a certificate to Deborah Aumick in recognition of her dedicated service to Allegany County for over 23 years. Ms. Aumick began her tenure with the County in 1985 as a Social Services Caseworker, and from there moved in 1987 to the position of Probation Officer Trainee and in 1988 to the position of Probation Officer. In 2000, Ms. Aumick took over the dual position of Youth Bureau Director and STOP DWI Program Coordinator, and this is the position from which she retired effective March 31, 2009. Ms. Aumick thanked her colleagues, County Administrator, and Legislators, past and present, for their support and backing through the years.
Chairman Crandall granted privilege of the floor to Crime Victims Coordinator Shannon Ozzella and Deborah Aumick from Senator Catharine Young’s Office regarding Crime Victims’ Rights Awareness Week, which is April 26 to May 2. This year’s theme is “25 Years of Rebuilding Lives; Celebrating the Victims of Crime Act” commemorating the enactment of this landmark legislation. During this special week, victim services providers, justice professionals, and others seek to promote greater public awareness of a serious problem that affects our nation and its people every day. The District Attorney’s Office will be holding their annual Crime Victims Awards and Recognition Ceremony this Friday, May 1, at 4 p.m. in the County Legislative Chambers as a way of thanking those who dedicate their lives to protect the rights of crime victims.
Deborah Aumick, who was present on behalf of Senator Catharine Young, commented on the Senator’s strong track record of legislation protecting the rights of crime victims. The most famous of the legislation she worked on was “Penny’s Law,” which ensures that juvenile offenders who are tried as adults also get sentenced as adults. Senator Young is a strong proponent of protecting victims of domestic violence, and she serves on several task force groups to protect the rights of, and make sure there is justice for, crime victims. Senator Young is currently sponsoring legislation that will provide protection to vulnerable witnesses who are reluctant to testify about crimes committed against them. The Senator also recognizes that child predators have become more bold in their exploitation of children, especially as the popularity of the internet grows, and she has sponsored legislation calling for greater penalties. Senator Young is one of the strongest supporters of law enforcement and plans to be our partner in Albany so our communities can remain safer. Ms. Aumick read Senator Young’s proclamation Commemorating National Crime Victims’ Rights Week and presented the proclamation to Chairman Crandall.
Representatives were present from the following departments and agencies to answer questions regarding their 2008 Annual Reports: County Administrator, Office of Development, Industrial Development Agency (IDA), Planning Board, Social Services, and Tourism.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. May 2009 Legislative Board and Committee meeting calendar. Changes included: Committee of the Whole meetings will be added after both of the Board meetings on May 11 and May 26.
2. Invitation for the Allegany County Fair Appreciation Dinner to be held May 12, in the 4-H Building at the Fairgrounds, at 6 p.m.
The following communications were also acknowledged:
1. Town of Willing Resolution No. 34 of 2009 requesting that the County establish a dedicated bridge fund along with the establishment of a multi-year capital bridge plan with the appropriate funding.
2. Town of Genesee Resolution No. 4-21b-09 requesting that the County establish a dedicated bridge fund along with the establishment of a multi-year capital bridge plan with the appropriate funding.
APPOINTMENT:
Chairman Crandall appointed Sherry Grugel of Cuba, New York, as a member of the COMPREHENSIVE PLAN IMPLEMENTATION GROUP, effective immediately, to serve at his pleasure.
PROCLAMATION:
Chairman Crandall proclaimed May 3-9, 2009 as County Government Week in Allegany County, in a continuing effort to adapt government operations, improve efficiencies, and modernize essential public services to meet the needs of our 21st Century communities. The New York State Association of Counties (NYSAC) and Allegany County are working together to Restore the Partnership between all levels of government to better serve New Yorkers.
RESOLUTIONS:
Resolution Intro. No. 65-09 (Approval of Lease Agreement between the Allegany County Industrial Development Agency and the County of Allegany for Approximately 8,000 Square Feet of Space in the Crossroads Commerce Center Located at 6087 State Route 19, Belmont, New York) was removed from the table following a motion made by Legislator Pullen, seconded by Legislator Reynolds and carried (several Legislators were opposed). The resolution was originally tabled on March 23.
RESOLUTION NO. 68-09
APPROVAL OF LEASE AGREEMENT BETWEEN THE ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND THE COUNTY OF ALLEGANY FOR APPROXIMATELY 8,000 SQUARE FEET OF SPACE IN THE CROSSROADS COMMERCE CENTER LOCATED AT 6087 STATE ROUTE 19, BELMONT, NEW YORK
Offered by: Ways and Means Committee
RESOLVED:
1. That Lease Agreement between the Allegany County Industrial Development Agency, as Landlord, and the County of Allegany, as Tenant, for leasing premises at the Crossroads Commerce Center located at 6087 State Route 19, Belmont, New York for approximately 8,000 square foot, single floor structure to house the Allegany County Office for the Aging, Veterans’ Services, and NY Connects is approved.
2. That the term of this Lease Agreement will commence on the date construction of the property is completed and issuance of a certificate of occupancy and run until May 31, 2014, with the right of Tenant to renew upon the same terms for an additional period of five years.
3. That the Chairman of this Board is authorized to execute the Lease Agreement.
4. That the Clerk of this Board is directed to send a certified copy of this resolution to the Allegany County Industrial Development Agency.
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Reynolds 9 Ayes, 6 Noes, 0 Absent Voting No: Burdick, Kruger, McCormick, O’Grady, Russo, Ungermann
(Memo: The lease agreement approved by Resolution No. 68-09 includes lease payments of $8,500 per month for an annual total of $102,000.)
Comments made regarding Resolution No. 68-09 included:
Legislator Kruger objected to voting on this issue until all Legislators have the opportunity to hear what the Belmont Betterment Association had to say about the possibilities in the former Belmont School and have all their questions answered. Many Legislators were not available for the presentation to the Court Facilities and County Space Needs Committee earlier in the month, and Mr. Kruger felt the BBA should be given the opportunity to present the information to the entire Board. Mr. Kruger believes that the school facility has more to offer our senior citizens. He also made note of a letter received indicating that the inspection of the 1990 asbestos abatement in the school revealed that “the abatement remains intact and nothing further is needed at this time to assure the affected areas are contained.” Mr. Kruger stated that before we rush into building a new building and offer less for more money, we should thoroughly explore the possibilities available in the school.
Legislator Pullen commented that these options were reviewed at length last summer, and for almost a year different groups were given numerous occasions to do presentations. When the Belmont Betterment Association met with the Court Facilities and County Space Needs Committee earlier this month, they could not provide a firm proposal. The committee considered what they had, and there are some things that undoubtedly can be done there that would be well suited. They were not able to say what space we would need. They could provide a square footage cost, but the general price they gave didn’t include utilities, as the IDA lease does, and it didn’t include renovation costs or the costs for common areas. After adding them in, assuming the space would be the same, the total would be very close to the IDA proposal, or could easily exceed it when the space is actually laid out. That’s why the committee did not move forward. Mr. Pullen also pointed out that the use of the gym and the proposed food dispensing facility are not included in the price we were given. All other common areas or services, if they happen, will be at an additional price. Parts of the school building are old, and we’re not sure where our space would be located or what we would have. The asbestos inspection letter that Mr. Kruger referred to also included a notation that additional testing would be required, so we would have to wait to see what happens with that. At this time, the BBA has no other tenants committed for the facility. The County has given them more than enough time and opportunities, and we pursued every lead given to us. Mr. Pullen stated that we have had a thorough, diligent, and comprehensive investigation, and the IDA proposal is the best option.
Legislator Ungermann referred to a previous concern that the BBA school renovation would not include a sprinkler system. He noted that the present Crossroads Center and the proposed new building wouldn’t be either, unless we spend a lot of money for a big storage tank, or we could become the end user for the Crossroads water and sewer project and pay additional costs to get it across the expressway. There is a third option. Mr. Ungermann and Mr. O’Grady had previously suggested building next to the jail where we already own 35 acres with good sight visibility to get in and out and room to expand. It has municipal water; the Crossroads property doesn’t yet. There has also been discussion with the Village about improving and installing the sanitary sewer system at the Public Safety Facility property. Last May, County Administrator John Margeson put together some cost information for a steel building. The cost for a 5,400 square foot building was $232,000, and a very rough total estimate to purchase and erect this building for occupancy would be between $380,000 and $400,000. If we wanted to double that, we’d have 10,800 square feet for about $88,000 annually over a ten year period to own, as opposed to the Crossroads proposal of 8,000 square feet (2,800 square feet less) for $102,000 annually over a ten year period to lease. Over the next ten years, we’ll spend over $1 million to the IDA for 8,000 square feet when we could spend $1 million to build out by the jail and have 12,000 square feet of space. Mr. Ungermann felt that all of the options have not been thoroughly investigated, at least not by all of the Legislators.
Legislator O’Grady supports moving the Office for the Aging from its present location, but his concern is the cost associated with this proposal at this time. In two years, just between this agreement and the cost of the Courthouse project, we could be looking at a four percent tax increase without even addressing the “cost of living” increases in the budget. All options should be exhausted before we move forward.
Legislator Fanton commented that he appreciated Mr. Ungermann’s proposal, but the IDA proposal covers maintenance and utilities. If we build another building, we’re going to be paying for the same services that would already be included in the IDA contract. There is an additional built-in cost for the County owning another building. Mr. Fanton supports the option on the table.
Legislator McCormick also believes the Office for the Aging needs the upgrade and more room, but voiced concern about moving an agency so vital to the County and its citizens to a site outside the village that hosts it. Over the years, the County has had a great working relationship with the Village of Belmont. This is the County seat. The site owned by the Belmont Betterment Association is within the Village, and plumbing work at that facility will begin May 3, whereas work hasn’t commenced yet at the Crossroads site. Mr. McCormick felt that the issue hasn’t been thoroughly explored, and the County can find a better solution.
Legislator Russo agreed with Legislators Kruger and Ungermann, and he noted that it’s hard to vote on this issue without all the facts. Mr. Russo didn’t see the Belmont Betterment Association’s presentation, but he did read the letter and has seen the school and doesn’t believe there’s anything wrong there. Mr. Russo felt that the County could lease space at that facility and have a nice situation for Office for the Aging. We need to take a hard look at this before rushing into the IDA lease agreement.
Chairman Crandall commented that although he appreciated the comments and concerns, this issue has gone through the process and has been explored thoroughly.
RESOLUTION NO. 69-09
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, 2011; DECLARING EXISTENCE OF NECESSITY AND REQUESTING PASSAGE OF BILL BY STATE LEGISLATURE
Offered by: Ways and Means Committee
Pursuant to Municipal Home Rule Law § 40
WHEREAS, the only two substantial tax revenues available to Allegany County are real property and sales taxes, and
WHEREAS, Allegany County is at its sales tax limit, and
WHEREAS, by Chapter 121 of the 2007 Laws of the State of New York, the County of Allegany was authorized to impose an additional one and one-half percent sales tax for the period December 1, 2007 to November 30, 2009, and
WHEREAS, by Resolution No. 170-07, such additional sales tax was imposed for such period, and
WHEREAS, Allegany County is presently at 80 percent of its constitutional taxing limit for real property taxes, and
WHEREAS, Allegany County will be at 100 percent of such constitutional taxing limit if such additional sales tax is not reauthorized, and
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. S.3813 and Assembly No. A.7462, entitled
AN ACT to amend the tax law, in relation to extending the expiration of the provisions authorizing the County of Allegany to impose an additional one and one-half percent 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. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 10 Ayes, 5 Noes, 0 Absent Voting No: Kruger, McCormick, Russo, Truax, Ungermann
(Memo: Resolution No. 69-09 is the second step in the Home Rule Legislation process which requires the County to pass a resolution approving and requesting passage of the Senate and Assembly bills drafted in response to our Resolution No. 46-09 approved on March 9. Based on sales tax revenue of $18,240,275 for 2008, the additional one and one-half percent sales tax resulted in $6,080,092 revenue.)
Comments made regarding Resolution No. 69-09 included:
Legislator Kruger noted that he has not supported the additional sales tax because he is trying to support businesses in the County, and they should be put in a competitive environment with the surrounding counties.
Legislator Ungermann illustrated the scenario of his own business collecting sales tax. Until Allegany County’s sales tax became one-half percent higher than surrounding counties, whatever was sold was taxed at 8 percent. It was collected and filed, and all the money went to Allegany County. Now they have to file it in the various counties and entities, and all sales made out of the County have to be earmarked for that county. About 60 percent of the sales tax they collect has to be shipped to another county, when it used to all come here. Mr. Ungermann has tried in the past to point out that our County is not competitive with the others around us. He would support the additional one percent, but not the one and one-half percent because we’re shortchanging ourselves. If we can’t afford the loss of the additional sales tax revenue, then we need to cut something else. An example would be the last resolution voted on, and there are other opportunities to save hundreds of thousands of dollars per year, but we won’t do it.
Legislator Pullen pointed out that in prior years when this sales tax issue has come up, the press has reported it as an increase. Although it is an increase over the basic structure of sales tax for a county, it is not an increase over what we have today. This process is necessary simply to maintain the sales tax rate at the current level because the state requires us to renew it periodically. Mr. Pullen stated that he looks forward to the day when we can lower it to get back to that competitive level, but given the mandates and the other issues we’ve had to deal with, and continue to deal with, he does not see an alternative. If we were to reduce this from the one and one-half percent to the one percent level, it would cost us $2 million in revenues annually. That equates to an eight to ten percent increase in property tax to make up the difference, and that’s too high as well. We have to make a hard choice.
Legislator O’Grady commented that if there was a list of programs to cut attached to this resolution, he would vote against it. There’s not, and he sees no choice right now but to support it. If we were to see some economic development in Wellsville or the Crossroads area or somewhere else in the County, he would choose to suspend the additional one-half percent at that time.
Legislator Russo voiced his non-support and stated that we need to seriously look at cutting, modifying, or eliminating non-mandated expenses. All we do is throw money at the problems and hope they’ll go away. He understands what will happen if this doesn’t go through, but he felt we should get serious about decreasing the size of government and eliminating some of the expenses of the County for the already over-burdened taxpayers.
Legislator Truax commented that he has voted against the additional one-half percent sales tax every time it has come up. The year it was instituted, it was supposed to get us through that one year, but it still hasn’t gone away. It’s time to eliminate it and make us competitive again.
Legislator McCormick stated that the County needs to be at a competitive level with the surrounding counties right now. We can’t wait three or four years or until something gets built. The competition is on right now, and we’re losing at that game. If we eliminate the one- half percent, it would help our retail sector, the salesman, the truck driver, and the consumer. It’s a win-win situation. Mr. McCormick urged taking that step today.
Legislator Reynolds noted that he’s considered the competition issue, but in reality, until we increase the infrastructure and build up some economic potential in the County, we aren’t going to draw those consumers back to the County by cutting that one-half percent sales tax. We have Hornell on one side and Olean on the other, with all they have to offer, and people are going to go where the goods and services they want are located. We don’t have all that now because we don’t have the infrastructure, but we’re working on it.
Legislator Fanton questioned County Administrator John Margeson on the increase in sales tax revenue over the past few years. Mr. Margeson reported that it was a ten percent increase last year and two to three percent in previous years. Mr. Fanton also responded to the comment that we haven’t cut costs. We have already cut some programs that saved the County a lot of money. We cut the nursing program and privatized it, saving about $500,000, and there were other areas of savings. Mr. Fanton doesn’t like the additional sales tax either, but is going to support it. The bottom line is that it will put the burden on the property tax payers if the additional one-half percent sales tax is eliminated, because you’re not going to cut $2 million out of the budget in just a year or two.
Legislator Truax commented that it’s not just a matter of running over to Walmart in Hornell; it’s taxes on gasoline, the electric bill, the phone bill, and the gas bill you’re paying every day. You’re already paying whether you shop there or here. It’s not just traveling out of the County. It’s hitting everybody every day.
RESOLUTION INTRO. NO. 76-09 (RESOLUTION DIRECTING THAT ALL REVENUE RECEIVED FOR HOUSING NON-LOCAL INMATES BE PAID INTO THE PUBLIC SAFETY AND TRAINING FACILITY DEBT RESERVE FUND) WAS REFERRED TO THE BUDGET COMMITTEE following a motion made by Legislator Hopkins, who also noted that the Budget Committee has been looking at this issue since last December, but the County is still at a point where less money has been taken in than what’s been spent so far for debt service. The motion was seconded by Legislator Fanton and carried on a roll call vote of 10 Ayes, 5 Noes, 0 Absent (opposed: Kruger, McCormick, Russo, Truax, Ungermann).
RESOLUTION NO. 70-09
APPOINTMENT OF JOHN CORNEBY TO ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY
Offered by: Ways and Means Committee
Pursuant to Title 1 of Article 18-A and Section 906-a of the General Municipal Law
WHEREAS, a vacancy exists on the Industrial Development Agency due to the death of Wayne (Bud) Allen, now, therefore, be it
RESOLVED:
1. That John Corneby of Whitesville, New York, is appointed as member of the Allegany County Industrial Development Agency with term of office commencing April 20, 2009 and expiring December 31, 2009.
2. That the Clerk of this Board is directed to send a certified copy of this resolution to the Secretary of State for filing pursuant to Section 856(2) of the General Municipal Law.
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Fanton
Comments made regarding Resolution No. 70-09 included:
Legislator McCormick questioned if Legislator Hopkins, who is a member of the IDA Board, should abstain from voting. County Attorney Thomas Miner replied that there was no direct conflict. Mr. McCormick commented that Mr. Corneby is a good businessman, an independent thinker, and a real entrepreneur, and he hopes Mr. Corneby will bring that entrepreneurial spirit to the IDA Board. What we’ve seen lately is the IDA’s involvement in constructing a building for a government agency, and the present Crossroads facility houses government entities. Mr. McCormick would like to see them look beyond that to inspire industrial growth in this County. He’s sure Mr. Corneby will bring that to this Board.
Legislator Hopkins expressed his belief that the IDA vision is a broad vision, but they have a lot of restrictions by law and have to act within those restrictions. The IDA continues to look at ways to increase jobs and the County’s tax base. They have had some successes, as illustrated by their involvement in Friendship Dairy’s and Alstom’s expansions, and there have been others.
Legislator Reynolds commended the hard work and accomplishments of the IDA, given their history and the small amount of funds they were left with from the previous situation. Also of note was that the IDA did not approach the County about the Office for the Aging situation, we approached them. The IDA does work hard, and there is a lot to be done.
Industrial Development Agency Executive Director John Foels gave an overview of IDA accomplishments. When they came in, there was not only a new Director for Development, there was a new Executive Director for IDA and a new IDA Board. There was a change across the board. Things the IDA was traditionally involved in were preempted in many cases by when the Empire Zone was extended to other communities. The zone was based in Cuba and Friendship, and with the cooperation of the other communities, they were able to move that footprint to include Dresser, Alstom, Friendship Dairy, and other businesses, because in many cases Empire Zone benefits were more significant than what the traditional IDA benefits were. Also, when they looked at what the value to the communities was, in many cases Empire Zone status means that businesses pay full property taxes and then are given NYS tax credits against them. IDA involvement sometimes penalizes the community for a 15-year period of time. They look for a balance, and that’s been the attitude and philosophy of the IDA Board – fairness between business, community, and the taxpayers. Mr. Foels commented that John Corneby has been on the business advisory board for ten years and will be a very good addition to the IDA Board. Also noted was the fact that this vacancy was created by the death of former IDA Board member Wayne (Bud) Allen.
RESOLUTION NO. 71-09
SALE OF TAX LAND IN THE TOWN OF WELLSVILLE
Offered by: Ways and Means Committee
WHEREAS, the Town of Wellsville, 156 North Main Street, Room 11, Wellsville, New York 14895 has agreed to Term of Sale and offered the sum of $1.00 plus current year’s tax for a deed of the County's interest in premises formerly assessed on the tax rolls to Henry P. Bauer and described as follows:
ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Wellsville, County of Allegany and State of New York, described as follows, viz: W. Hanover Street; .11 acre; Tax Map No. 239.13-1-74, and
WHEREAS, the Ways and Means Committee believes that the Term of Sale and the above sum offered is fair and reasonable and the best that can be obtained under the circumstances and that the said sale will be advantageous to the County, now, therefore, be it
RESOLVED:
1. That such agreed to Term of Sale and monetary offer 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 premises, and to attach to such deed the official seal; all upon satisfaction of the Term of Sale and full payment to the County Treasurer of the monetary offer.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. O’Grady 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 72-09
ACCEPTING AND APPROPRIATING FEDERAL AND STATE FUNDING TO OFFICE FOR THE AGING ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $16,391 of federal and state funding to Office for the Aging Appropriation and Revenue Accounts is accepted.
2. That the accepted sum of $16,391 is appropriated as follows: $1,261 to Account No. A6775.4, $5,130 to Account No. A6782.4, $10,000 to Account No. A6787.4, with a sum of $1,261 credited to Revenue Account No. A10.3772.04, $5,130 to Revenue Account No. A11.4772.06, and $10,000 to Revenue Account No. A10.3772.6787.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Kruger 15 Ayes, 0 Noes, 0 Absent
(Memo: The accounts referred to in Resolution No. 72-09 are the State LTCOP, HIICAP, and NY Connects accounts, and the funding is an increase in existing grant programs.)
Resolution Intro. No. 80-09 (Transfer of Funds from Contingent Account to Public Works Road Machinery Equipment Account) was amended on a motion made by Legislator Reynolds, seconded by Legislator Fanton and carried, by correcting the amount of the transfer from $29,972.09 to $26,973.
RESOLUTION NO. 73-09
TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO PUBLIC WORKS ROAD MACHINERY EQUIPMENT ACCOUNT
Offered by: Public Works and Ways and Means Committees
RESOLVED:
1. That the sum of $26,973 is transferred from Account No. A1990.4 (Contingent) to Account No. DM5130.204 (Road Machinery - Equipment), to pay for additional repair costs on the reconditioning of the Bridge Maintenance Unit.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Hall 15 Ayes, 0 Noes, 0 Absent
(Memo: Regarding Resolution No. 73-09, the amount originally budgeted for the referenced repair was $200,000, but the total bill came to $226,972.09. The larger amount was the result of additional repairs that were found to be necessary after the unit was dismantled.)
RESOLUTION NO. 74-09
APPROVING AGREEMENT WITH THE ALLEGANY COUNTY COUNCIL ON ALCOHOLISM AND SUBSTANCE ABUSE; APPROPRIATION OF FUNDS AND RATIFYING SHERIFF’S SIGNATURE
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That agreement between the County of Allegany and the Allegany County Council on Alcoholism and Substance Abuse, to implement sobriety checkpoints, party patrols, and compliance checks in Allegany County, is approved.
2. That the sum of $10,000 is appropriated as follows: $9,126 to Account No. A3150.103 (Jail – Personnel Services), $874 to Account No. A3110.422 (Sheriff – Gas & Oil), with a like sum credited to Revenue Account No. A02.1510.02 (Sheriff’s Fees – ACASA).
3. That the signature by the Sheriff is ratified by this Board.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 15 Ayes, 0 Noes, 0 Absent
(Memo: The contract referenced in Resolution No. 74-09 requires a total of 300 hours of patrols in return for a fee of $10,000 for the period of 12/08 through 05/09, resulting in an hourly rate of $33.33. The standard billing rate for a Deputy Sheriff to the STOP DWI Program is $30.42 per hour. Based on 300 hours, this results in a personnel cost of approximately $9,126, allowing the other $874 to be appropriated for gas expenses.)
RESOLUTION NO. 75-09
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; APPROPRIATION OF INCREASE IN FUNDING
Offered by: Public Safety and Ways and Means Committees
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 for period beginning April 1, 2009 and ending March 31, 2014, is approved.
2. That the annual increase of funding in the amount of $1,050 is appropriated to Account No. A6610.422 (Consumer Affairs – Gasoline) with a like sum credited to Revenue Account No. A10.3989.01 (State Aid – Weights & Measures – Testing).
3. 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. Dibble Adopted: Roll Call Seconded by: Mr. Fanton 15 Ayes, 0 Noes, 0 Absent
(Memo: The contract approved in Resolution No. 75-09 includes a total annual reimbursement amount of $5,040, which represents an increase of $1,050 annually over the last contract. The total reimbursement for the five-year period is $25,200.)
RESOLUTION NO. 76-09
APPROVING AGREEMENT WITH ECC TECHNOLOGIES, INC.; TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT
Offered by: Ways and Means Committee
RESOLVED:
1. That agreement between the County of Allegany and ECC Technologies, Inc., for Phase 1 – Fiber Needs Assessment and Cost Modeling for the Allegany County Open Access Model Business Plan, is approved.
2. That the sum of $17,500 is transferred from Account No. A1990.4 (Contingent) to Account No. A1011.409 (County Administrator – Fees).
3. That the Chairman of this Board is authorized to execute such Agreement.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hall 15 Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No. 76-09 included:
Legislator Hall explained that we talk a lot about infrastructure, and the obvious things we often hear about are bridges, sewer, and water, but our companies in this County can’t compete unless we have communications. This contract will provide us with the first step in developing access to fiber, which our companies need, and we need, if we’re going to have people come in to the County, so they can maintain the kind of communications that other places have in the urban areas. There are billions of dollars right now in the federal government to give us access to development of this type of infrastructure. Mr. Hall urged support of the resolution so we can move forward.
Legislator Pullen wanted to make clear that the proposal for what we need to build the fiber backbone to provide high-speed internet access and other telecommunications access requires two separate phases. This resolution will fund the first phase only, and his opinion is that this is the only support that should come from the County. We must move forward with this to become competitive for stimulus and grant funding. There has been an application submitted to Empire State Development for the rest of the costs for the next phase. This first phase is for a feasibility study, and the second is for development of a business plan. Mr. Pullen also briefly described the need to hire a business consultant to prove this is a viable business operation as being proposed. The first phase will get us up and running. For the rest of it, he proposes that we talk to local businesses, not-for-profits, municipalities, schools, and individuals, anyone interested in moving up to the 21st century.
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 Legislator Truax, seconded by Legislator Kruger and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $1,439,903.46 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 $2,702,164.)
COMMENTS:
Legislator Russo requested clarification on Legislator Hopkins’ comment regarding Resolution Intro. No. 76-09 on the Public Safety and Training Facility Debt Reserve Fund, which was referred to the Budget Committee. Mr. Hopkins responded that a report in January showed that we’ve taken in about $400,000, and debt service right now is about $1.5 million. We started paying for the cost of debt service about a year before we started taking additional prisoners in. Also, we have costs associated with the jail that we wouldn’t have otherwise due to the increased number of prisoners, i.e. labor costs. The question is whether we use net revenue or gross revenue when we start looking at that figure, but we haven’t even gotten to the point yet where we’ve taken in enough revenue to cover the current costs of the debt service. Legislator Kruger commented that money the jail brings in should go into an account to pay for the jail, and the operating costs shouldn’t be part of that mix. The debt created by the building should be paid for by the building. Mr. Fanton agreed, but noted we haven’t done that yet because there is still over $500,000 of local tax money that we are “owed” by that fund. When that’s done, the Budget Committee will look at a proposal to deal with the reserve fund, but it may not be this year or even next year.
Legislator McCormick made reference to correspondence received from two towns regarding dedicated money for bridge maintenance, and noted that Wellsville is also concerned about it. A dedicated fund should be looked into.
Wallace Higgins, from the Allegany Senior Foundation, expressed appreciation for the approval of the lease agreement for Office for the Aging facilities at the Crossroads Center.
ADJOURNMENT: The meeting was adjourned at 3:23 p.m. on a motion made by Legislator Truax, seconded by Legislator Reynolds and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION MAY 11, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Robert F. Polanowski, retired United States Navy Postal Clerk 1st Class and Norma Polanowski, former United States Navy Yeoman 2nd Class.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 14 Present; 1 Absent (Legislator O’Grady).
APPROVAL OF MINUTES:
A motion was made by Legislator Dibble and seconded by Legislator Fanton for approval of the Board meeting minutes of April 27, 2009. Legislator Ungermann questioned the action taken in removing Resolution No. 68-09 from the table by a voice vote, when he understood from Robert’s Rules of Order that a two-thirds roll call vote was required. Legislator Kruger also voiced concern about the validity of the vote. County Attorney Thomas Miner stated that the resolution was being taken off the table, not being offered from the floor, and a simple majority vote was all that was required. The motion to approve the minutes was carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented certificates to Robert F. Polanowski, retired United States Navy Postal Clerk 1st Class, and Norma Polanowski, former United States Navy Yeoman 2nd Class, in grateful appreciation of their service to our country. Norma Polanowski’s service dates were from October 1952 to July 1961. Her duty stations included Basic Training, Service School, and Administrative Command in Bainbridge, MD; Naval Base, Long Beach, CA; and Naval District Headquarters, New York, NY. Mrs. Polanowski received two good conduct awards. After her time in the Navy, she served in Naval Intelligence as Civil Service for twelve years. Robert Polanowski’s service dates were from October 1943 to November 1962. His duty stations included Basic Training in San Diego, CA; Pearl Harbor, Hawaii; USS Helena (Cruiser); Guam; USS Yorktown (Carrier); USS Bremerton (Cruiser); and Brooklyn, NY. Most of his overseas duty was in the Pacific for both World War II and the Korean Conflict, and he received commendations for good conduct and several other awards. Mr. and Mrs. Polanowski led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall granted privilege of the floor to Richard Golas from SCORE, which is a nationwide organization that assists small businesses. SCORE is sponsored by the Small Business Association and offers free services via internet, phone, or face-to-face meetings. Locally, SCORE recently received a grant to expand into rural areas of New York State. Where historically services were limited to metropolitan areas, SCORE now has office hours in Olean, Belmont, Houghton, and Wellsville. Some of the new businesses they’ve worked with have the potential to be very successful. SCORE is also currently working with Gretchen Hanchett from ACCORD’s Allegany Business Center, and they serve on the revolving loan committee. The ACCORD Business Center and SCORE are co-sponsoring a free seminar on May 27 at the Crossroads Center regarding new loans that will be available through the American Recovery and Reinvestment Act (ARRA). It’s important to get this information out to local bankers and small business owners. Small businesses are the backbone of our economy, and Mr. Golas encouraged legislators to talk with small business owners in their districts to see if they are having any problems.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Report of Intrafund Transfers approved by the County Administrator in April.
2. Report of Tax Bill Corrections approved by the County Administrator in April.
The following communications were also acknowledged:
1. Notice of the next InterCounty Association meeting to be hosted by Seneca County at the Ginny Lee/Wagner Vineyard in Lodi on May 15.
2. Invitation to attend the Legislative Intern Model Session on Monday, May 18, from 10:30 a.m. to Noon.
3. Invitation to attend the Entrepreneurial Assistance Program Graduation Ceremony at the Crossroads Center on Friday, May 29, from 6 to 8 p.m.
4. Correspondence from Assembly Republican Leader Brian M. Kolb introducing himself and encouraging communication.
5. Reminder for the Bare Knuckle Boxing Hall of Fame Open House at the St. Patrick’s Parish Hall in Belfast on May 16, from 5 to 8 p.m.
6. Correspondence from Timothy Gilchrist, Senior Advisor for Infrastructure and Transportation, regarding projects submitted to Governor Paterson’s Economic Recovery and Reinvestment Cabinet.
7. Legislator Kruger requested that correspondence he received be read regarding the potential closure of the New York State Nursery. Mr. Kruger suggested that the Board take action on this and pass a resolution to be forwarded to the Forest Practice Board. The State Nursery provides trees to County residents at low cost. (This issue will be referred to the Public Works Committee to sponsor a resolution which can also be sent on to InterCounty.)
PROCLAMATIONS:
Chairman Crandall proclaimed May 17-22, 2009 as Small Business Week in Allegany County, and also recognized and commended SCORE’s volunteers for their time and expertise donated to assist local entrepreneurs.
Chairman Crandall proclaimed May 2009 as Older Americans Month in Allegany County, and urged everyone to take the time to honor our older adults and the professionals, family members, and citizens who care for them.
RESOLUTIONS:
RESOLUTION NO. 77-09
RESOLUTION REDUCING THE NUMBER OF COMMUNITY SERVICES BOARD MEMBERS FROM FIFTEEN TO NINE AND APPOINTMENT OF MEMBERS TO SUCH NEWLY FORMED BOARD
Offered by: Human Services Committee
WHEREAS, effective July 22, 1982, Section 41.11 of the Mental Hygiene Law provides that in all local governments with a population less than one hundred thousand, community services board, at the option of the local government, shall have either nine or fifteen members appointed by the local government, and
WHEREAS, pursuant to Resolution No. 75-78 the Community Services Board is a fifteen member board, and
WHEREAS, the Community Services Board has difficulty filling vacancies and maintaining fifteen members, and
WHEREAS, the Community Services Board has passed a resolution requesting the Allegany County Board of Legislators reconstitute the Community Services Board as a nine member board, and
WHEREAS, each current member of the Community Services Board has submitted a written resignation to be effective immediately prior to the creation of a new nine member Community Services Board on May 19, 2009, now, therefore, be it
RESOLVED:
1. The Community Services Board shall hereafter consist of nine members effective May 19, 2009.
2. That such newly appointed members will initially have staggered terms with three members to be appointed for a two-year term, three members to be appointed for a three-year term, and three members to be appointed for a four-year term; thereafter each will serve four-year terms, and
3. That the appointment of the following persons to the Community Services Board, with term of office for each commencing May 19, 2009 and expiring as set forth below, are approved: Edna Howard December 31, 2013 Shirley Lyon-Bentley December 31, 2013 Linda Edwards December 31, 2013 Sandra Blake December 31, 2012 Sharon Hibbard December 31, 2012 Cathy Freytag December 31, 2012 Kathy Bentley December 31, 2011 Ronald Truax December 31, 2011 Vacant December 31, 2011
4. That Brent L. Reynolds of Alfred Station, New York and Judith E. Samber of Alfred, New York are appointed to the Community Services Board as Ex-Officio Members, with term of office commencing May 19, 2009 and expiring December 31, 2012.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Pullen 14 Ayes, 1 No, 0 Absent
RESOLUTION NO. 78-09
ACCEPTANCE OF UNANTICIPATED STATE AID FOR THE OFFICE OF MENTAL HEALTH; APPROPRIATION OF FUNDS TO MENTAL HEALTH – YOUTH ICM EQUIPMENT ACCOUNT
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $17,000 in unanticipated state aid is accepted and appropriated to Account No. A4312.204 (Motor Vehicles – Mental Health Youth ICM) with a like sum credited to Revenue Account No. A11.4490.00 (Mental Health Medicaid).
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Reynolds 14 Ayes, 1 No, 0 Absent RESOLUTION NO. 79-09
ACCEPTANCE OF ADDITIONAL NEW YORK STATE GRANT FUNDS FOR IMPLEMENTING A CENTRALIZED COUNTY LEVEL DATABASE FOR TAX COLLECTION INFORMATION; TRANSFERRING FUNDS FROM CONTINGENT ACCOUNT AND APPROPRIATION OF FUNDS
Offered by: Ways and Means Committee
RESOLVED:
1. That additional grant funds in the amount of $25,000 from New York State for implementing a centralized County level database for tax collection information and the transfer of $2,720 from Account No. A1990.4 (Contingent), to cover the implementation costs for all tax collectors to have access and training, is accepted and approved.
2. That the total sum of $27,720 is appropriated to Account No. A1325.429 (County Treasurer – County Tax Collection Initiative Grant) with the $25,000 credited to Revenue Account No. A10.3089.1325 (State Aid – Tax Collection Grant).
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 1 No, 0 Absent
(Memo: Resolution No. 79-09 accepts the second phase of grant funding from the state for the implementation of a centralized County-level database for tax collection information. An additional $25,000 is provided towards implementation and will allow for all 58 tax collectors in the County to collect and return their taxes electronically. It covers most of the costs for implementation and requires an additional $2,720 for start up costs. Tax collectors will have access and training on a centralized database, and the annual cost for municipalities will be minimal if they choose to implement. The Treasurer’s Office will begin the implementation process during the summer for activation with School Tax Collectors in the fall, with phasing- in to continue with Town Tax Collectors, and finally Village Tax Collectors.)
RESOLUTION NO. 80-09
ACCEPTANCE AND APPROPRIATION OF FUNDS FROM THE NEW YORK STATE DEPARTMENT OF HEALTH FOR TOBACCO ENFORCEMENT AND COST OF LIVING ADJUSTMENT FOR SEVERAL GRANT FUNDED PROGRAMS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $2,535 from the New York State Department of Health for the Tobacco Enforcement Program is accepted and appropriated to Account No. A4051.409 with a like sum credited to Revenue Account No. A10.3450.04. 2. That the sum of $47,349 from the New York State Department of Health for Cost of Living Adjustment for several grant funded programs is accepted and appropriated as follows: $2,850 to Account No. A4035.2, $2,500 to Account No. A4037.2, $500 to Account No. A4190.2, $24,091 to Account No. A4190.4, $11,603 to Account No. A4035.4, $708 to Account No. A4037.4, $1,043 to Account No. A4043.4, $1,494 to Account No. A4054.4, and $2,560 to Account No. A4056.4; with a like sum of $47,349 credited as follows: $1,494 to Revenue Account No. A10.3401.4054, $2,560 to Revenue Account No. A10.3473.00, $3,208 to Revenue Account No. A10.3437.00, $14,453 to Revenue Account No. A10.3450.00, $1,043 to Revenue Account No. A10.3450.01, and $24,591 to Revenue Account No. A11.4452.00.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 14 Ayes, 1 No, 0 Absent
(Memo: The funds accepted per Resolution No. 80-09 all represent cost of living adjustments for the following programs in addition to the Tobacco Enforcement Program referred to: Immunization, Family Planning, Children with Special Needs, Rabies, WIC, and Lead.)
RESOLUTION NO. 81-09
TRANSFER OF FUNDS WITHIN OFFICE FOR THE AGING PROGRAMS
Offered by: Human Services Committee
RESOLVED:
1. That the sum of $5,000 is transferred from Account No. A6772.474 (Caterer) to Account No. A6772.201 (Equipment) to purchase electric meal carriers for home delivered meals.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Pullen 14 Ayes, 1 No, 0 Absent
RESOLUTION NO. 82-09
TRANSFER OF FUNDS WITHIN BIO-TERRORISM PREPAREDNESS ACCOUNT
Offered by: Human Services Committee
RESOLVED:
1. That the sum of $6,000 is transferred from Account No. A4189.4 to Account No. A4189.2 to cover the cost of equipment within Bio-terrorism Grant Contract.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 1 No, 0 Absent
RESOLUTION NO. 83-09
TRANSFER OF FUNDS WITHIN CANCER SCREENING ACCOUNT
Offered by: Human Services Committee
RESOLVED:
1. That the sum of $600 is transferred from Account No. A4071.4 to Account No. A4071.2 to cover the cost of a new computer.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 14 Ayes, 1 No, 0 Absent
RESOLUTION NO. 84-09
TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO TOURISM AND CULTURE CONTRACTUAL EXPENSES ACCOUNT
Offered by: Budget and Ways and Means Committees
RESOLVED:
1. That the sum of $50,000 is transferred from Account No. A1990.4 (Contingent) to Account No. A6989.477 (Tourism – Contractual) to finance agreement with the Greater Allegany County Chamber of Commerce for tourism services.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Reynolds 14 Ayes, 1 No, 0 Absent
(Memo: The transfer approved by Resolution No. 84-09 will finance the agreement approved by Resolution No. 52-09 on March 9, 2009. The sum of $25,000 was due when the agreement was executed, and the remaining $25,000 will be due on or around October 13, 2009. The term of the agreement is March 9, 2009 through March 8, 2010.)
Resolution Intro. No. 92-09 (Authorizing the Implementation and Funding in the First Instance of 100 Percent of the Federal Aid Highway and Marchiselli Aid Local Project Eligible Costs of an Economic Recovery Project and Appropriating Funds Therefor) was not pre-filed and was considered from the floor on a motion made by Legislator Fanton, seconded by Legislator Dibble and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION NO. 85-09
AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE OF 100 PERCENT OF THE FEDERAL AID HIGHWAY AND MARCHISELLI AID LOCAL PROJECT ELIGIBLE COSTS, OF AN ECONOMIC RECOVERY PROJECT AND APPROPRIATING FUNDS THEREFOR
Offered by: Public Works and Ways and Means Committees
WHEREAS, a Project for the resurfacing of 7.25 miles of Allegany CR 12 from Village of Alfred Line to SR 417, in the County of Allegany Economic Recovery Projects (hereinafter “the Project”), in the County of Allegany, (hereinafter “the Municipality/Sponsor”) 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 100 percent federal funds and 0 percent non- federal funds, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators hereby approves the above Project.
2. That the Allegany County Board of Legislators authorizes to pay in the first instance the full federal costs and full non-federal costs of any and all phase(s) or portions thereof and hereby appropriates from an account to be designated by the County Treasurer the funds necessary to complete the Project including all phases or portions thereof.
3. That the Allegany County Board of Legislators makes a 100 percent commitment of the non-federal share (if any) of the costs of Construction/Construction Inspection phase(s) of work for the Project or portions thereof, with the federal share of such costs to be applied directly by the New York State Department of Transportation (hereinafter “NYSDOT”) pursuant to the State/Local Agreement.
4. That upon completion of the construction of the Project, or a fully usable portion thereof, the County of Allegany agrees to maintain the Project, or fully usable portion thereof, at their sole cost and expense.
5. That in the event the full federal and non-federal share of the Project exceeds the amount appropriated above, the Allegany County Board of Legislators shall convene as soon as possible to appropriate said excess amount immediately.
6. That the Chairman of the Allegany County Board of Legislators is hereby authorized to execute all necessary Agreements or certifications on behalf of the County, subject to the County Attorney’s approval as to form and content, with NYSDOT in connection with the advancement or approval of the Project identified in the State/Local Agreement; and providing for the administration of the Project and the municipality’s first instance funding of the non-federal share 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 therefore that are not so eligible.
7. That a certified copy of this Resolution be filed with the New York State Commissioner of the Department of Transportation by attaching it to any necessary Agreement in connection with the Project.
8. That this Resolution shall take effect immediately.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Reynolds 14 Ayes, 1 No, 0 Absent
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Truax, seconded by Legislator Kruger and adopted on a roll call vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $3,169,338.45 including prepaid expenses, be approved for payment as recommended by the County Administrator (Voting No: Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $3,012,630.)
ADJOURNMENT: The meeting was adjourned at 2:40 p.m. on a motion made by Legislator Hopkins, seconded by Legislator Pullen and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION
MAY 26, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Karl L. Grantier, former United States Air Force Airman 1st Class.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 11 Present; 4 Absent (Legislators Hall, O’Grady, Reynolds, and Truax).
APPROVAL OF MINUTES:
The Board meeting minutes of May 11, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator McCormick and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Karl L. Grantier, former United States Air Force Airman 1st Class, in grateful appreciation of his service to our country. Mr. Grantier’s service dates were from July 1955 to his medical retirement in October 1958 following being burned in an airfield fire. He was trained and based at Amarillo Air Force Base in Texas, and since his retirement, has held the positions of Officer and Post Commander in the American Legion for 42 years. Mr. Grantier led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall granted privilege of the floor to the following:
Public Health Director Lori Ballengee spoke about an upcoming event to benefit Cancer Services. Jon Nickerson of Scio was recently deeply touched by a child with cancer. Mr. Nickerson and the Scio Youth Athletics Committee, along with the Allegany County Cancer Services, have organized the 1st Annual Pitching in for a Cure, a T-Ball Game Day, with proceeds to be donated to Cancer Services. The event will be held on June 6 at the Scio Athletic Fields beginning at 8:30 a.m. and will include a Ceremonial Survivor Recognition Pitch at 12:45, an adult game, prizes, and raffles. Legislators and the press were extended a special invitation.
Martha Roberts, Agricultural Society President, spoke about the Allegany County Fair. She presented the fair book, which this year is dedicated to James and Linda Makowski. Allegany County Board of Legislators, Regular Session, 05/26/09 Page 2 of 12
Mrs. Roberts made note of a new event: the Board of Legislators will hold a meeting at the Fairgrounds on July 22 at 2:00 p.m., giving the public an opportunity to watch County government in action. Mrs. Roberts gave an update on some of the larger fair expenses: big name entertainment – $50,000; premiums – $26,000, of which only $8,700 is reimbursed by the state; insurance – close to $70,000 now, not including specialty insurances for fair week. They count on the public for support to meet these expenses. The County’s appropriation is used for grounds maintenance and new construction. Mrs. Roberts also commented on the innumerable volunteer hours throughout the year; without the volunteers, there would be no fair. The goal of the Agricultural Society is continued representation of agriculture and agribusiness. Mrs. Roberts highlighted some of the major events to be held during fair week.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. June 2009 Calendar of Board and Standing Committee meeting dates. (The Personnel Committee meeting on June 3 was changed from 11 to 10 a.m.
The following communications were also acknowledged:
1. Correspondence from NYS Department of Correctional Services Commissioner Brian Fischer in response to our Resolution No. 33-09 regarding the housing of parole violators and state ready inmates.
2. Notice of next Fire Advisory Board meeting on May 28 at 8 p.m. in the Public Safety Facility.
3. Town of Independence Resolution No. 4-2009 requesting that the County establish a dedicated bridge fund along with the establishment of a multi-year capital bridge plan with the appropriate funding.
APPOINTMENT:
The Clerk of the Board announced that Chairman Crandall has appointed William Emrick of Scio, NY, as a member of the Citizens Advisory Council to the Office for the Aging for a term of three years commencing immediately and expiring December 31, 2011, subject to confirmation by the Board of Legislators.
PROCLAMATION:
Chairman Crandall proclaimed May 24-30, 2009 as Hurricane Preparedness Week and urged all citizens to heed the advice and use the guidance provided so they can better protect themselves, their loved ones, their homes, and their businesses from storms.
Allegany County Board of Legislators, Regular Session, 05/26/09 Page 3 of 12
RESOLUTIONS:
RESOLUTION NO. 86-09
AMENDING UNIT SALARY PLAN BY CREATING TITLE AND POSITION OF SENIOR PROBATION ASSISTANT
Offered by: Public Safety and Personnel Committees
RESOLVED:
1. That the County AFSCME Salary Plan is amended by creating the title and position of Senior Probation Assistant. That such title is placed in Grade 15 of such AFSCME Salary Plan.
2. This resolution shall take effect on May 27, 2009.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Pullen 10 Ayes, 1 No, 4 Absent Voting No: Kruger
(Memo: Resolution No. 86-09 approves creation of the new position title of Senior Probation Assistant to bring the salary structure of a long-time staff member in line with the job duties being performed which, after seventeen years, have expanded beyond the job specifications of Probation Assistant. The staff member will have to pass a Civil Service Test to gain the promotion.)
RESOLUTION NO. 87-09
APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT OF ONE MEMBER TO REGION NINE FISH AND WILDLIFE MANAGEMENT BOARD
Offered by: Public Works Committee
Pursuant to Environmental Conservation Law § 11-0501
RESOLVED:
1. That the appointment by the Chairman of this Board of Richard (Butch) Lorow of Almond, New York, to the Region Nine Fish and Wildlife Management Board, as the Alternate Landowner Representative, with term of office commencing May 26, 2009 and expiring December 31, 2010, is approved.
Moved by: Mr. Fanton Adopted: Voice Vote Seconded by: Mr. Pullen
Allegany County Board of Legislators, Regular Session, 05/26/09 Page 4 of 12
RESOLUTION NO. 88-09
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, 2008, through March 31, 2009, 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. Hopkins Adopted: Roll Call Seconded by: Mr. Dibble 11 Ayes, 0 Noes, 4 Absent
RESOLUTION NO. 89-09
AUTHORIZING PAYMENT TO TOWNS AND VILLAGES FROM ADDITIONAL MORTGAGE TAX FEE RETAINAGE BY COUNTY CLERK; APPROPRIATING FUNDS THEREFOR
Offered by: Ways and Means Committee
WHEREAS, by Resolution No. 214-2004 the County Clerk was authorized pursuant to Section 262 of the Tax Law to request and receive reimbursement from the State of New York for all of his necessary expenses incurred in the administration of the Mortgage Tax Program on behalf of the State of New York, and
WHEREAS, it was the intent of this Board in adopting such resolution that the Towns and Villages of the County would not suffer any adverse financial consequences as a result of any increased retained expense reimbursement to the County Clerk, and
WHEREAS, the County Clerk has received reimbursement of his necessary expenses incurred in the administration of the Mortgage Tax Program, and
WHEREAS, this Board wishes to appropriate part of such reimbursement of necessary expenses received by the County Clerk for the administration of the Mortgage Tax Program to the Towns and Villages of the County, now, therefore, be it
Allegany County Board of Legislators, Regular Session, 05/26/09 Page 5 of 12
RESOLVED:
1. The amount of $25,438.62 is appropriated from Account No. A1410.432 (County Clerk – Contractual) and shall be distributed to the Towns and Villages of the County as follows:
AMOUNT RETAINED BY COUNTY CLERK’S OFFICE FOR MORTGAGE REBATE AMT REBATE AMT VILLAGES TOWNS TAX FEE TO TOWN TO VILLAGE Alfred 1,333.44 1,071.56 261.88 Alfred Allen 226.57 226.57 Alma 378.81 378.81 Almond 368.80 340.16 28.64 Almond Amity 846.39 708.25 138.14 Belmont Andover 655.58 535.81 119.77 Andover Angelica 1,420.36 1,167.62 252.74 Angelica Belfast 912.94 912.94 Birdsall 108.24 108.24 Bolivar 1,085.45 855.41 213.60 Bolivar 16.44 Richburg Burns 944.31 817.34 126.97 Canaseraga Caneadea 1,469.66 1,469.66 Centerville 264.66 264.66 Clarksville 615.08 615.08 Cuba 1,586.60 1,328.06 258.54 Cuba Friendship 798.57 798.57 Genesee 1,069.16 1,069.16 Granger 361.32 361.32 Grove 323.29 323.29 Hume 1,933.07 1,933.07 Independence 383.18 383.18 New Hudson 269.37 269.37 Rushford 1,538.36 1,538.36 Scio 1,145.92 1,145.92 Ward 33.30 33.30 Wellsville 3,736.06 2,720.10 1,015.96 Wellsville West Almond 460.99 460.99 Willing 713.65 713.65 Wirt 455.49 424.45 31.04 Richburg TOTALS 25,438.62 22,974.90 2,463.72
Allegany County Board of Legislators, Regular Session, 05/26/09 Page 6 of 12
2. The Chairman of this Board, Allegany County Clerk, and Allegany County Treasurer are authorized to execute any and all vouchers, warrants, and other necessary documents of every nature and kind in order to effect the purpose of this resolution.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Fanton 11 Ayes, 0 Noes, 4 Absent
RESOLUTION NO. 90-09
ACCEPTANCE OF GRANT FUNDS FROM THE NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES; AUTHORIZING DIRECTOR OF PROBATION TO EXECUTE ANY AND ALL AGREEMENTS NECESSARY TO SECURE SUCH GRANT
Offered by: Public Safety Committee
RESOLVED:
1. That a grant in the amount of $47,000 from the New York State Division of Probation and Correctional Alternatives is accepted.
2. That the Director of Probation is authorized to execute any and all agreements and documents necessary to secure such grant.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Fanton 11 Ayes, 0 Noes, 4 Absent
(Memo: Regarding Resolution No. 90-09: In 2007, the NYS Division of Probation and Correctional Alternatives awarded a two-year grant for $50,000 each year to the Probation Department for a Shared Services Program. See Resolution No. 103-07. The grant enabled contracting with the Allegany Rehabilitative Associates for a mental health caseworker to provide mental health assessments and counseling for individuals on pre-trial and probation supervision at no cost to the County. In October 2008, the DPCA advised that funds for this project were reduced by six percent to $47,000 for the second year of the grant. The Probation Department has been notified that they can receive $47,000 for a third year.)
RESOLUTION NO. 91-09
ACCEPTANCE OF FUNDS FROM SOUTHWESTERN REGIONAL EMS COUNCIL AND APPROPRIATION OF FUNDS TO EMERGENCY SERVICES ACCOUNT
Offered by: Public Safety and Ways and Means Committees
Allegany County Board of Legislators, Regular Session, 05/26/09 Page 7 of 12
RESOLVED:
1. That a donation of $200 from the Southwestern Regional EMS Council to the County to be used for the license application fee for Allegany County ambulances is accepted.
2. That the accepted sum of $200 is appropriated to Account No. A3640.4 with a like sum credited to Revenue Account No. A08.2705.3640.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Hopkins 11 Ayes, 0 Noes, 4 Absent
(Memo: The license referenced in Resolution No. 91-09 is required by the New York State Department of Health to allow certified ambulance services to perform blood glucose testing on patients when indicated. The County-wide license will save individual ambulance services from each having to pay the $200 license application fee.)
RESOLUTION NO. 92-09
ACCEPTANCE AND APPROPRIATION OF FUNDING INCREASING THE SFY 08-09 CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS)
Offered by: Public Works and Ways and Means Committees
RESOLVED:
1. That the sum of $24,107.65, increasing the SFY 08-09 Consolidated Highway Improvement Program (CHIPS), is accepted and appropriated to Account No. D5112.223 (County Road CHIPS Paving) with a like sum credited to Revenue Account No. D10.3501.00 (State Aid – CHIPS).
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Hopkins 11 Ayes, 0 Noes, 4 Absent
RESOLUTION NO. 93-09
INCREASING APPROPRIATIONS AND REVENUES IN THE SUMMER YOUTH EMPLOYMENT PROGRAM (TANF SYEP) ACCOUNTS
Offered by: Ways and Means Committee
WHEREAS, the Allegany County Employment and Training Center has advised that certain appropriations and revenues should be increased in the TANF Summer Youth Employment Program, now, therefore, be it
Allegany County Board of Legislators, Regular Session, 05/26/09 Page 8 of 12
RESOLVED:
1. That the following Employment and Training Center accounts are increased by the designated amounts:
Account No. Appropriation Accounts Amount CD1 6410.101 Personal Services 30,970 CD1 6410.802 Retirement 5,100 CD1 6410.806 Hospital/Med 8,600 CD1 6410.474 Summer Youth Contractual Expense 25,700 CD1 6411.101 Participant Wages 44,100 CD1 6411.474 Participant Supportive Service 6,000 CD1 6411.803 Participant FICA 3,400 CD1 6411.804 Participant W/C 2,300 CD1 6411.805 Participant UIB 3,830 CD1 6794.101 Personal Services 2,500 CD1 6794.806 Hospital/Med 1,300 CD1 6795.101 Participant Wages 8,000 CD1 6795.803 Participant FICA 1,000 TOTAL 142,800
Account No. Revenue Accounts Amount CD1 11 4489. STIM ARRA Stimulus SYEP 130,000 CD1 11 4701.12 OTDA SYEP 12,800 TOTAL 142,800
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Dibble 10 Ayes, 1 No, 4 Absent Voting No: Kruger
(Memo: The action approved by Resolution No. 93-09 was necessary due to the increase in Summer Youth Employment Program funding made available through the American Recovery and Reinvestment Act and the NYS Office of Temporary and Disability Assistance.)
Comments made regarding Resolution No. 93-09 included: Employment and Training Director Jerry Garmong noted that the increase in funding will allow the Summer Youth Employment Program to serve about 40 more youths, bringing the total up to between 100 and 110.
RESOLUTION NO. 94-09
ACCEPTANCE OF FUNDS FROM THE NEW YORK STATE DEPARTMENT OF LABOR FOR TECHNOLOGY PURPOSES; APPROPRIATION OF FUNDS
Offered by: Ways and Means Committee
Allegany County Board of Legislators, Regular Session, 05/26/09 Page 9 of 12
RESOLVED:
1. That New York State Department of Labor funds in the amount of $19,100 are accepted and appropriated as follows: $17,200 to Account No. CD1.6400.201 (WIA Title I Administration – Equipment) and $1,900 to Account No. CD1.6400.407 (WIA Title I Administration – Supplies) with a like sum credited to Revenue Account CD1.11.4701.6400 (WIA Administration).
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Dibble 11 Ayes, 0 Noes, 4 Absent
RESOLUTION NO. 95-09
TRANSFER OF FUNDS IN DISTRICT ATTORNEY ACCOUNT
Offered by: Public Safety Committee
RESOLVED:
1. That the sum of $1,718 is transferred from Account No. A1165.4 to Account No. A1165.2.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Pullen 11 Ayes, 0 Noes, 4 Absent
(Memo: The transfer of funds approved by Resolution No. 95-09 was necessary to cover the charges for radio work and other equipment installed in a new vehicle in 2008. There was a billing error which prevented payment last year. The billing has now been corrected, but there were no funds appropriated in the 2009 equipment account.)
Resolution Intro. No. 103-09 (Ratifying Sheriff’s Signature and Approving Amendment No. 1 to the Court Security Agreement Contract Number C200357 between the New York State Unified Court System and the County of Allegany) was not pre-filed and was considered from the floor on a motion made by Legislator Hopkins, seconded by Legislator Dibble and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION NO. 96-09
RATIFYING SHERIFF’S SIGNATURE AND APPROVING AMENDMENT NO. 1 TO THE COURT SECURITY AGREEMENT CONTRACT NUMBER C200357 BETWEEN THE NEW YORK STATE UNIFIED COURT SYSTEM AND THE COUNTY OF ALLEGANY
Offered by: Ways and Means Committee
Allegany County Board of Legislators, Regular Session, 05/26/09 Page 10 of 12
WHEREAS, by Resolution No. 193-2008 an amendment agreement for the period April 1, 2008 through March 31, 2009, between the New York State Unified Court System and the County of Allegany for the provision of Court Security was approved, and
WHEREAS, an increase in the maximum total compensation of the existing April 1, 2008 to March 31, 2009 agreement is needed, now, therefore, be it
RESOLVED:
1. That the increase in total compensation of said existing agreement from $288,957 to a maximum compensation not to exceed $372,346 is approved.
2. That the signature of the Allegany County Sheriff is ratified.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Fanton 11 Ayes, 0 Noes, 4 Absent
Resolution Intro. No. 104-09 (Endorsing the Position of Cattaraugus County in Support of the Sitewide Removal Alternative in Revised Draft Environmental Impact Statement for Decommissioning at West Valley Demonstration Project and Western New York Nuclear Service Center) was not pre-filed and was considered from the floor on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION NO. 97-09
ENDORSING THE POSITION OF CATTARAUGUS COUNTY IN SUPPORT OF THE SITEWIDE REMOVAL ALTERNATIVE IN REVISED DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR DECOMMISSIONING AT WEST VALLEY DEMONSTRATION PROJECT AND WESTERN NEW YORK NUCLEAR SERVICE CENTER
Offered by: Human Services Committee
WHEREAS, Cattaraugus County lies directly to the west of Allegany County, and
WHEREAS, environmental, economic and public health concerns that impact Cattaraugus County have the potential of also impacting the residents of Allegany County, and
WHEREAS, the potential for ground water contamination that migrates offsite poses a risk to all Western New Yorkers, and
Allegany County Board of Legislators, Regular Session, 05/26/09 Page 11 of 12
WHEREAS, decommissioning and site cleanup at the West Valley Demonstration Project and Western New York Nuclear Service Center are deemed to have an impact on residents of Allegany County, and
WHEREAS, Allegany County is aware of the Revised Draft Environmental Impact Statement for Decommissioning and/or Long-Term Stewardship at the West Valley Demonstration Project and Western New York Nuclear Service Center (DOE/EIS-0226-D {revised}), and
WHEREAS, Allegany County is aware of the concerns expressed by Act No. 258-2009 of the Cattaraugus County Legislature, and
WHEREAS, Allegany County shares many of the same concerns as expressed by Cattaraugus County, and
WHEREAS, Allegany County agrees with Cattaraugus County that the Sitewide Removal Alternative is the best alternative for addressing the environmental, health and economic concerns of this region, and
WHEREAS, Allegany County agrees with Cattaraugus County that the proposed decommissioning plan of 64 years is absurd and that a ten year plan needs to be properly funded by the state and federal governments so as to provide a reasonable timeframe for addressing the ongoing concerns posed by this site, now therefore be it
RESOLVED:
1. That the Allegany County Legislature hereby supports the Sitewide Removal Alternative described in the Revised Draft Environmental Impact Statement.
2. That certified copies of this resolution be mailed to the United States Department of Energy; New York State Energy Research and Development Authority; United States Senators Charles E. Schumer and Kirsten Gillibrand; United States Congressman Eric Massa; New York State Senator Catharine M. Young; New York State Assemblymen Daniel J. Burling and Joseph M. Giglio; Crystal J. Abers, Chair of the Cattaraugus County Legislature; Barry Snyder, President of The Seneca Nation of Indians; NYSAC; and the InterCounty Association of Western New York.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Pullen 11 Ayes, 0 Noes, 4 Absent
Comments made regarding Resolution No. 97-09 included:
Legislator McCormick noted that the proposed resolution was received only an hour prior to the meeting, and the timing didn’t allow for a clear understanding of both sides of the issue.
Allegany County Board of Legislators, Regular Session, 05/26/09 Page 12 of 12
Legislator Dibble explained that we’re supporting Cattaraugus County with this resolution. The area is in close proximity to the Great Lakes and the soil is unstable. Erosion modeling has shown that if the site is not cleaned up soon, it will contaminate a large percentage of the clean water in the Northeastern United States.
Legislator Ungermann expressed concern that the cleanup would just move the problem to someone else’s back yard. He agreed with Mr. McCormick and stated that he didn’t know the answer. We need to think about nuclear power. Eventually someone will find a way to neutralize the waste, but right now just moving it across the country is a challenge.
Mr. Ungermann commented that there have been numerous resolutions from other counties requesting support, and to his knowledge, this is the first we ever supported, although some of the other issues were very important also. Chairman Crandall responded that some requests have been supported through other means such as referrals to the InterCounty Association or other agencies, or by various forms of correspondence. All of the issues are worthy to look at and deal with appropriately.
AUDITS:
A motion was made by Legislator Dibble, seconded by Legislator Fanton and carried, that the audits be acted upon collectively and by totals. (Legislator Kruger expressed his opposition to acting on the audit collectively, because there are times he would like to have the opportunity to vote on individual expenses.)
A motion was made by Legislator Hopkins, seconded by Legislator Dibble and adopted on a roll call vote of 11 Ayes, 0 Noes, 4 Absent, that the audit of claims, totaling $1,684,963.42 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 $3,323,096.)
ADJOURNMENT: The meeting was adjourned at 2:45 p.m. on a motion made by Legislator Fanton, seconded by Legislator Hopkins and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION JUNE 8, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Ralph A. Coates, former United States Army Sergeant.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 15 Present; 0 Absent.
APPROVAL OF MINUTES:
The Committee of the Whole meeting (health insurance presentation) minutes of May 11, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried.
The Board meeting minutes of May 26, 2009 were approved on a motion made by Legislator Hopkins, seconded by Legislator Fanton and carried.
The Committee of the Whole meeting (Alfred State College presentation) minutes of May 26, 2009 were approved on a motion made by Legislator McCormick, seconded by Legislator Fanton and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Ralph A. Coates, former United States Army Sergeant, in grateful appreciation of his service to our Country. Mr. Coates’ service dates were from November 1942 to November 1945. Battles or conflicts he was involved in were in Northern France, Rhineland, and the Liberation of France and Germany. Early in 1945, Mr. Coates was wounded and spent time as a prisoner of war. Commendations he received included: Combat Infantry Badge, Purple Heart Medal, WWII Victory Medal, and American Campaign Medal. Mr. Coates led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall granted privilege of the floor to the following:
Timothy Bigham, NYS Farm Bureau Field Advisor, addressed the Board regarding agricultural issues. The Farm Bureau is currently fighting against proposed state legislation that would result in the loss of hundreds of jobs in Western New York. The proposed laws require that farmers pay overtime when farm workers put in more than an eight-hour day. Allegany County Board of Legislators, Regular Session, 06/08/09 Page 2 of 15
Unable to afford overtime, farms will either cut back on production or go out of business altogether. The workers will lose jobs rather than earn overtime pay.
Mr. Bigham also noted that the recession has hit farmers very hard. Costs for processing foods and delivering them to market are passed through to the consumer, but some costs are passed back to the farmer, such as charging farmers stop charges for milk pick-up. Food prices are relatively high, yet farmers aren’t seeing better incomes. Farm expenses such as fuel, feed, fertilizer, and property taxes seem to climb every year. Farming is unsustainable at the rate things are going. Farm costs are escalating far faster than product values, which in many cases are dropping rather than rising.
Farm Bureau is requesting assistance from the Board of Legislators by: 1.) continuing to contact the Farm Bureau for input when agricultural issues are considered; 2.) trying to decrease the property tax burden for farmers where possible; 3.) doing whatever is possible to help the agricultural infrastructure in the County, including support of the agricultural components of our colleges, improved broadband access to rural areas, support of the Empire Zone concept for agricultural businesses, and providing good roads and bridges and laws that don’t negatively impact agricultural operations.
Legislator Ungermann asked Mr. Bigham about the impact of NYS Department of Transportation laws on agriculture. Mr. Bigham replied that the state is looking for money wherever they can find it through fines, fees, and permits, and they have been cracking down. There is an impact. Mr. Bigham noted that, in defense of the DOT, they did contact him recently asking about the agricultural impact of work on a particular bridge and what they could do to improve it.
Legislator Reynolds questioned if the Farm Bureau wanted a resolution opposing the proposed state bills. Mr. Bigham noted that the matter will be resolved in a couple of days, but phone calls would help. The bill numbers are S.2247 and S.5212.
Legislator McCormick commented that the Farm Bureau’s opposition to the proposed law is saying, in effect, that if a farm worker puts in more than eight hours in a day, he shouldn’t get overtime. What other sector would expect that? Mr. Bigham responded that some farmers have been putting workers on salary. The fact is that when farmers are faced with costs they can’t pay, and they’re already paying out more than they’re bringing in, they will fold up the farm. So instead of having eight hours pay, the worker will have nothing.
Legislator Hopkins noted that we compete with every other state. If they don’t have regulations, it puts our farmers at a disadvantage. If we lose that, we lose our infrastructure, and we lose everything. The fear is the competition with the other states; that’s where the problem is.
Andrea Finch, 45th Allegany County Dairy Princess, reported on some of her duties as Dairy Princess. Ms. Finch has done educational presentations for elementary school students and parents on the importance and benefits of consuming more dairy products, and she’s been involved in local promotional programs. The Dairy Princess has spoken and Allegany County Board of Legislators, Regular Session, 06/08/09 Page 3 of 15 taken part in school programs, an FFA event, parades, and a radio interview promoting the “three-a-day” program. (Milk punch and cheese and crackers were made available in the hallway outside of the Chambers.)
County Administrator John Margeson presented information on some of the common actions that the Board of Legislators deals with at their meetings. Mr. Margeson noted that the list (included below) is essentially a historical perspective of present and past Boards’ practice, and it was put together in response to some recent concerns.
(1.) Motion to adopt a pre-filed Resolution (a) Requires a second. (b) Requires opportunity for discussion/debate. (c) Requires 8 affirmative votes to adopt. Certain pre-filed Resolutions require 10 affirmative votes to adopt (i.e. Bond Resolutions).
(2.) Motion to consider a Resolution that has not been pre-filed (a) Requires a second. (b) Requires 10 affirmative votes to pass. The Presiding Officer may allow the Motion to Consider to be acted on by voice vote. (c) Any member may raise a Point of Order and request that the Presiding Officer “call the roll.”
(3.) Motion to Place on the Table (a) Can be made only after Resolution has been moved and seconded for consideration. (b) A motion to Place on the Table requires a second, is not debatable, and requires 8 affirmative votes to pass.
(4.) Motion to Remove from the Table (a) Requires a second, is not debatable, and requires 8 affirmative votes to pass.
(5.) Motion to Withdraw a Resolution (a) Is made only after the Resolution has been moved and seconded for consideration. (b) Is subject to debate/discussion. (c) Requires 8 affirmative votes to pass. (d) The Motion to Withdraw a Resolution may contain a Subsidiary Motion such as committing or referring the Resolution back to the sponsoring Standing Committee for potential amendment and/or re-introduction.
(6.) Motion to Refer a Resolution to a Standing Committee (a) Is made after the Resolution has been moved and seconded. (b) The Motion to Refer the Resolution to a Standing Committee requires a second, is debatable, and requires 8 affirmative votes to pass.
Allegany County Board of Legislators, Regular Session, 06/08/09 Page 4 of 15
Legislator Ungermann questioned if items 3 through 6 required roll call votes or if the Chairman had the option. Mr. Margeson stated that the Chairman has the option, but normally a voice vote is done. Any Board member may ask the Chairman for a roll call vote.
Legislator Dibble suggested referring the information on to the Ways and Means Committee. Chairman Crandall noted that the purpose of presenting the information was to clarify past practice, and referring it to Ways and Means would clear up the terminology and incorporate it into the Board Rules. Legislator Ungermann commented that his newer copy of Robert’s Rules states that any time a two-thirds vote is required, it should never be voice voted. Legislator Reynolds questioned if the Board Rules supersede Robert’s Rules. County Attorney Thomas Miner replied that they do, but most of what is being done with this information is clarifying past practice. This will formalize it. Referred to Ways and Means.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Report of Intrafund Transfers Approved by the County Administrator in May.
The following communications were also acknowledged:
1. A plaque from ACCORD Corporation in appreciation for the Board’s commitment and support was accepted by Legislator William Hall on the Board’s behalf at a recent meeting on May 21.
2. Mercy Flight’s 2008 Annual Report along with correspondence thanking the Board for its support.
3. Southern Tier West Regional Planning & Development Board meeting minutes from May 15 and a meeting notice for June 25.
4. Correspondence from NYSDOT Regional Planning and Program Manager Brian Kelly identifying projects submitted under the American Recovery and Reinvestment Act (ARRA) that did not receive funding.
5. Correspondence from the NYS Office of Parks, Recreation and Historic Preservation Deputy Commissioner Erik Kulleseid indicating that the County did not receive funding for the Cuba Landmark Connections to Greenway Project under the OPRHP Recovery Act funding; however, the project may qualify for funding under the Environmental Protection Fund if they wish to pursue it.
6. Notice of next InterCounty Association meeting to be hosted by Yates County in Dundee on June 19.
7. The annual Legislators’ Clambake has been scheduled for July 31 at Island Park in Wellsville from 1-6 p.m. Allegany County Board of Legislators, Regular Session, 06/08/09 Page 5 of 15
8. Correspondence from Cynthia Ungermann-Gowiski in opposition to Resolution Intro. No. 107-09 authorizing the purchase of property from Charles and Gloria Tronetti.
INTRODUCTION OF LEGISLATION:
Legislator Karl Kruger introduced Local Law Intro. No. 1-2009, Print No. 1, entitled “A Local Law Amending Local Law No. 3 of the Year 1993 Providing for a Reduction in the Size of the Allegany County Board of Legislators from Fifteen Members to Ten Members,” a copy of said proposed Local Law having been placed on each legislator’s desk.
RESOLUTIONS:
RESOLUTION INTRO. NO. 105-09 (RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF THE YEAR 1993 PROVIDING FOR A REDUCTION IN THE SIZE OF THE ALLEGANY COUNTY BOARD OF LEGISLATORS FROM FIFTEEN MEMBERS TO TEN MEMBERS) was REFERRED TO THE WAYS AND MEANS COMMITTEE following a motion made by Legislator Reynolds, seconded by Legislator Pullen and carried on a roll call vote of 10 Ayes, 5 Noes, 0 Absent. (Voting No: Kruger, McCormick, O’Grady, Russo, Ungermann.)
Comments made regarding proposed Resolution Intro. No. 105-09 prior to its being referred included:
Legislator Ungermann noted that a petition drive to reduce the size of the legislature was performed and turned in a number of years ago. At that time, the requested reduction was from fifteen to five. The public has said repeatedly that the legislature is too large for the number of people it serves.
Legislator McCormick pointed out that this resolution is only asking for a public hearing on the topic. The argument is that the legislative body would be as responsive with ten members as with fifteen, but then we may hear just the opposite. We should offer the opportunity for comment, although there are a lot of details not yet worked out legislatively.
Legislator Pullen listed his concerns on this issue. A reduction in the number of legislators also reduces the representation of each citizen. How large should the Board be? This proposal for a reduction to ten is one possible solution, a prior proposal by the Committee of 44 suggested five, and he’s heard seven and nine. Mr. Pullen noted that he has also heard concerns on the terms of legislators and whether they should be left at four years, shortened or lengthened, or changed to staggered terms. One of the most significant, common arguments for reducing the number of legislators is to save money, but the proposal by the Committee of 44 would have set a salary of $40,000, greatly increasing the cost over the current pay. Depending on the number of members, fewer would have to spend more time. The way things are now, Mr. Pullen commented that he consistently spends 30-50 hours per week on his legislative duties, and he’s able to because he’s self-employed. Are we saying that only those who are retired, wealthy, or self-employed can serve at this job? That would Allegany County Board of Legislators, Regular Session, 06/08/09 Page 6 of 15 be a tragedy, because legislators should be in similar circumstances as those they serve. Decreasing the number of members would make it a full-time job and would reduce the pool of interested citizens that could run. Mr. Pullen also pointed out that with the number of issues requiring a two-thirds vote, he would support a reduction to nine members (with six votes needed in these circumstances) over a reduction to ten (with seven votes needed) due to the increased chances for deadlocks. These are all significant issues. The voters should have a say, but it needs to be thoroughly considered and then brought to the voters. Also, this proposal wouldn’t have an impact until 2013, and that brings up the issue of the census. After the 2000 census, the County had to redistrict, and we don’t know what will happen in 2010. We probably will know in one to two years, which would favor time for deliberation on what’s best for the County. Although not opposed in principle, Mr. Pullen prefers sending the matter to Ways and Means for thorough deliberation
Legislator Reynolds commented on the large number of hours and intense effort that legislators often put in on particular issues, and gave as an example the time spent by Legislators Pullen and Ungermann on court facilities issues. Almost every day, Mr. Reynolds does something for his legislative job or his constituents. The position would become full- time if the number of legislators is reduced to ten or less. The Committee of 44’s intent was to go to five full-time legislators with a salary of $40,000. Mr. Reynolds’ concern would be with the lower number, where their loyalties would lie – with the average person, or the bigger entities. Mr. Reynolds voiced his appreciation for the other representatives in his district, each with different experiences. He also felt the matter should go to committee prior to a public hearing, because we need to know all the ramifications first.
Legislator Kruger referred to a comparison he did for legislative expenses, particularly the average cost for each resolution. Ten may not be the best number of legislators, but this matter is on the floor, and we’re talking about a way of cutting the cost of government for the taxpayers. There will be time for amendments. For four years Mr. Kruger has been waiting for the Board to do something to cut costs. This is not the first time for this idea, and we may find out the public isn’t happy with the proposal, but as long as we do nothing, that’s what we’ll get. Instead of waiting for the committee referral and the chance that nothing will happen, Mr. Kruger felt the matter should be moved forward in order to give the taxpayers something in the way of cost savings during this term. Discussions and the amendment process can take place and we can go from there.
Legislator O’Grady questioned the process following the public hearing. County Attorney Thomas Miner replied that the next step would be Board approval of a resolution, and from there the matter would go on to the ballot for public voting. Legislator Pullen asked that if amendments were proposed after a public hearing takes place, whether another public hearing would be needed on the amendments. Mr. Miner noted that he would research that.
Legislator Ungermann did not support the referral to committee due to the lack of a time limit for action. He felt that the public hearing should be held to allow the public to voice their ideas and thoughts. This resolution doesn’t approve the reduction, it just sets the date for the public hearing.
Allegany County Board of Legislators, Regular Session, 06/08/09 Page 7 of 15
Legislator Hopkins commented that even though the proposal is up for consideration now, it needs to be discussed. There’s the matter of representation, and we’d be voting to give some of that up. The Ways and Means Committee and the entire Board needs to give input.
Legislator Reynolds pointed out that the referral to committee was not intended as a way to delay the proposal. The public, as well as any legislator, can attend the Ways and Means Committee meetings. The Board wants the people’s will to be done, but they have to understand what they are voting on.
RESOLUTION NO. 98-09
RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO APPLY FOR NEW YORK STATE DEPARTMENT OF TRANSPORTATION/ AMERICAN RECOVERY AND REINVESTMENT ACT GRANT FUNDS; RATIFYING COUNTY ADMINISTRATOR’S PREVIOUS SIGNATURE ON APPLICATION FOR FUNDING AND PERMITTING COUNTY ADMINISTRATOR TO EXECUTE ANY FUTURE CONTRACTS BETWEEN THE COUNTY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION; APPROPRIATION OF FUNDS
Offered by: Ways and Means Committee
WHEREAS, the County of Allegany is applying for a New York State Department of Transportation/American Recovery and Reinvestment Act grant in the amount of $420,000 to be used for the purchase of six (6) buses to replace aging buses used in the County Public Transit System, and
WHEREAS, such appropriated funds will be placed in Revenue Account No. A11.4589.STIM, now, therefore, be it
RESOLVED:
1. That the County Administrator is authorized to apply for a New York State Department of Transportation/American Recovery and Reinvestment Act grant in the amount of $420,000.
2. That this Board of Legislators authorizes the County Administrator to execute, by his signature, any future contracts between the County of Allegany and the New York State Department of Transportation.
3. That the signature by the County Administrator on a previous application for funding is ratified.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 15 Ayes, 0 Noes, 0 Absent
Allegany County Board of Legislators, Regular Session, 06/08/09 Page 8 of 15
(Memo: The funds referred to in Resolution No. 98-09 require no local share contribution.)
Comments made regarding Resolution No. 98-09 included:
Legislator O’Grady questioned if obtaining the grant for the new buses obligated the County in any way, as he understood the goal of putting the transit system under the new task force and the agreement with Arc would eventually allow the County to back out. Legislator Hall explained that the goal of those agreements was to bring in more funding. Opening up the Arc buses to the public allows us to receive STOA money to offset costs. We still need to provide transportation, and this resolution allows the County to obtain funding for the buses. Chairman Crandall noted that other agencies can’t directly apply for and receive these funds. He also explained that at first the County was just a pass-through for funding. Now since local costs have increased, the task force is attempting to reduce the local share.
Legislator Ungermann questioned if the County had any obligation for purchasing the buses if we don’t receive the grant. County Administrator John Margeson stated that there is no obligation. If no funding is received, there will be no buses purchased. The money is federal stimulus American Recovery and Reinvestment Act funds.
RESOLUTION INTRO. NO. 107-09 (AUTHORIZING THE PURCHASE OF PROPERTY FROM CHARLES AND GLORIA TRONETTI LOCATED IN BELMONT, NEW YORK) was TABLED following a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried.
RESOLUTION NO. 99-09
APPROVAL OF LEASE OF LAND TO VALLEY VIEW DAIRY, INC. TO BE USED FOR AGRICULTURAL PURPOSES ONLY
Offered by: Ways and Means Committee
WHEREAS, the County desires to lease County land for agricultural purposes only, now, therefore, be it
RESOLVED:
1. That the Lease of County Land between the County of Allegany and Valley View Dairy, Inc. for approximately 15 acres of land south of the Allegany County Jail and Public Safety Facility on State Route 19 is approved.
2. That the Chairman of this Board is authorized to execute said Lease.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 15 Ayes, 0 Noes, 0 Absent Allegany County Board of Legislators, Regular Session, 06/08/09 Page 9 of 15
(Memo: The lease approved by Resolution No. 99-09 is for the period ending December 31, 2009.)
RESOLUTION NO. 100-09
APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT 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 appointment of William Emrick of Scio, New York as a member at large to the Citizens Advisory Council to the Office for the Aging effective January 1, 2009 and expiring December 31, 2011, is confirmed.
Moved by: Mr. Truax Adopted: Voice Vote Seconded by: Mr. Pullen
RESOLUTION NO. 101-09
A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2008 AND 2009 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 Allegany County Board of Legislators, Regular Session, 06/08/09 Page 10 of 15
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 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 Belfast is ordered and directed to correct in the 2009 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Department of Environmental Conservation; Parcel 130.-1-1.8 Assessment: Land $7,100 Total $7,100 this parcel was purchased by New York State and is wholly exempt, and the County Treasurer is directed to make the following charge back:
Allegany County $121.43 Town 88.40 Fire 7.81 School Relevy 144.00 Total $361.64
5. That the Tax Collector of the Town of Birdsall is ordered and directed to correct in the 2009 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. State of New York; Parcel 58.-1-23 Assessment: Land $89,200 Total $89,200 this parcel should not have received a County Tax, and by correcting the taxes, as follows:
Allegany County Board of Legislators, Regular Session, 06/08/09 Page 11 of 15
Allegany County $ 0.00 Town 622.70 Total $622.70 and the County Treasurer is directed to make the following charge back:
Allegany County $1,351.40
b. State of New York; Parcel 300.-1-4 Assessment: Land $461,490 Total $461,490 this parcel should not have been assessed on the roll, and the County Treasurer is directed to make the following charge back:
Allegany County $ 0.00 Town 3,221.62 Fire 377.34 Total $3,598.96
6. That the Tax Collector of the Town of New Hudson is ordered and directed to correct in the 2008 and 2009 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Deming, Bruce; Parcel 129.-1-21 Assessment: Land $4,400 Total $4,400 this parcel should have been on the Tax Roll under Section 8 as wholly exempt, and the County Treasurer is directed to make the following charge back on her books:
2008 Allegany County $66.00 Town 56.82 Fire 5.50 School 86.84 Total $215.16
b. Deming, Bruce; Parcel 129.-1-21 Assessment: Land $4,400 Total $4,400 this parcel should have been on the Tax Roll under Section 8 as wholly exempt, and the County Treasurer is directed to make the following refund on her books:
Allegany County Board of Legislators, Regular Session, 06/08/09 Page 12 of 15
2008-2009 2009 Allegany County $73.83 Town 61.09 Fire 5.60 School $76.89 Library 1.84 Total $78.73 $140.52
7. 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.
8. 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, 2010. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2010.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Truax 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 102-09
INCREASING APPROPRIATION AND REVENUE ACCOUNTS IN THE COUNTY ATTORNEY’S OFFICE
Offered by: Ways and Means Committee
RESOLVED:
1. That County Attorney’s Account No. A1420.432 (County Attorney – Contractual) and Revenue Account No. A09.2801.22 (Special Counsel DSS) are increased by $30,000.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
(Memo: The account increases approved by Resolution No. 102-09 cover DSS special counsel fees incurred under contract for Support Collection. This raises the total in that account to $50,000. Last year’s budget request was for $30,000 less than the previous year’s budget. At the time, it was projected that these legal services could be provided in house, with the proviso that subsequent developments might make this option undesirable. Subsequent to that request, some issues were resolved, while the need for DSS legal services proved greater than anticipated. Although the Ways and Means Committee was advised toward the end of last year that the County Attorney’s office would need to continue Allegany County Board of Legislators, Regular Session, 06/08/09 Page 13 of 15 with the contract attorney, the budget implications were not addressed. Services provided DSS, whether in house or pursuant to contract with outside counsel, are billed to DSS and thus the revenue will be received from DSS. Amounts billed to DSS are submitted to the state for reimbursement with the local share amounting to 18 percent. The outside counsel rate is billed at $60 per hour, while in house counsel is at $75 per hour. Assuming the time commitment to perform the legal services to be the same whether using the contract attorney or in house attorney, the savings to the County by way of the DSS budget would amount to 18 percent of $7,500, or $1,350.)
RESOLUTION NO. 103-09
TRANSFER OF FUNDS WITHIN OFA - SPOE PERSONNEL SERVICES ACCOUNT
Offered by: Human Services Committee
RESOLVED:
1. That the sum of $3,000 is transferred from Account No. A6787.1 (Personnel Services) to Account No. A6787.8 (Employee Benefits) to cover unbudgeted 2009 health insurance premiums.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 15 Ayes, 0 Noes, 0 Absent
Comments made regarding Resolution No. 103-09 included: Legislator Kruger questioned the change, and Office for the Aging Director Kimberley Toot responded that an employee was previously covered on the spouse’s health insurance, and when the spouse lost his/her job, the employee needed to pick up insurance. It is a 100 percent state funded position.
RESOLUTION NO. 104-09
TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO PUBLIC WORKS CONTRACTUAL EXPENSES ACCOUNT
Offered by: Ways and Means Committee
RESOLVED:
1. That the sum of $40,000 is transferred from Account No. A1990.4 (Contingent) to Account No. A3152.412 (Public Works – Contractual), for installation of air clarifiers in the Allegany County Jail and Public Safety Facility.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 15 Ayes, 0 Noes, 0 Absent
Allegany County Board of Legislators, Regular Session, 06/08/09 Page 14 of 15
(Memo: The transfer approved by Resolution No. 104-09 was needed for modifications to the air handling system in one of the pods at the County Jail, including equipment, installation, balancing, and commissioning. The current system in unable to properly cool and control the humidity within the Jail. The other four pods will be addressed in the 2010 Budget.)
RESOLUTION INTRO. NO. 114-09 (APPROVAL OF VENDOR LICENSE AND ITS ISSUANCE TO JEFFREY BURR BY THE BOARD CHAIRMAN FOR RETAIL FOOD VENDING AT THE RUSHFORD LAKE BEACH AREA LEASED BY THE COUNTY OF ALLEGANY FROM THE RUSHFORD LAKE DISTRICT) was TABLED following a motion made by Legislator Dibble, seconded by Legislator Truax and carried.
RESOLUTION NO. 105-09
APPROVAL OF AGREEMENT WITH APPROVED PROVIDER OF PROGRAMS, SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES
Offered by: Human Services Committee
RESOLVED:
1. That Agreement titled "County of Allegany Contract for Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with Cattaraugus- Allegany Board of Cooperative Educational Services, for the period September 1, 2008 to August 31, 2009, is approved.
2. That the Chairman of this Board is authorized to execute such Agreement.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Kruger 14 Ayes, 1 No, 0 Absent Voting No: Ungermann
Comments made regarding Resolution No. 105-09 included:
Legislator Ungermann questioned the cost of $300,000 to $400,000 and noted that often there’s a tendency to rubber stamp these contracts whether the provider is qualified or not. It drives the cost up. He asked if the County had any control or if there are any rules for eligibility. Legislator Truax explained that the program is state mandated, and they set the rules. The program should be under the state educational system, not under the Department of Health. The County is very limited with what they can do about the costs. Legislator Pullen noted that the state pays a smaller percentage for this program than for schools, so it reduces their bill and increases ours. The program is still controlled by the Committee for Special Education, and there are people trying to reduce costs. Within the present rules, the County is doing a good job. Public Health Director Lori Ballengee commented that the County has no say on the program. The schools decide who receives services and we pay. Allegany County Board of Legislators, Regular Session, 06/08/09 Page 15 of 15
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Pullen and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Reynolds, seconded by Legislator Fanton and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $2,923,706.02 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 $3,633,562.)
ADJOURNMENT: The meeting was adjourned at 3:33 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION JUNE 22, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Barbara Gordon, former United States Air Force Cryptographer.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 15 Present; 0 Absent.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Barbara Gordon, former United States Air Force Airman 1st Class, in grateful appreciation of her service to our Country. Ms. Gordon’s service dates were from July 1955 to July 1958. After Basic Training at Lackland, Texas, she was stationed at the Pentagon, Washington, DC, for three years in Headquarters USAF Communications and served as a Cryptographer. Ms. Gordon led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. July 2009 Calendar of Board and Standing Committee meeting dates.
2. Board meeting minutes of June 8, 2009 for review.
The following communications were also acknowledged:
1. Correspondence from Joseph Rabito, Deputy Commissioner of the Office of Community Renewal, stating that the Friendship Water Hydrant Replacement Project did not receive funding under the ARRA NYS CDBG-R; however, the project may qualify for funding under the annual CDBG Program administered by the Office of Community Renewal if Friendship wishes to pursue it.
2. Invitation for Legislators to join Willcare in celebrating the opening of their new Allegany County Certified Home Health Agency Branch in Wellsville on June 23.
Allegany County Board of Legislators, Regular Session, 06/22/09 Page 2 of 18
3. Correspondence from Melodie Mayberry-Stewart from the NYS Office for Technology stating that our Broadband/Fiber Optic Project appears to meet the eligibility criteria for one or both of the federal grant programs.
RESOLUTIONS:
Resolution Intro. No. 32-09 (Authorizing the Purchase of Property from Presutti Family Members Located in Belmont, New York) was removed from the table following a motion made by Legislator Pullen, seconded by Legislator Reynolds and carried on a roll call vote of 11 Ayes, 4 Noes, 0 Absent (opposed: Kruger, Russo, Truax, Ungermann). The resolution was originally tabled on February 6, 2009.
RESOLUTION NO. 106-09
AUTHORIZING THE PURCHASE OF PROPERTY FROM PRESUTTI FAMILY MEMBERS LOCATED IN BELMONT, NEW YORK
Offered by: Ways and Means Committee
WHEREAS, the County of Allegany desires to purchase property located at 21 Court Street, in the Town of Belmont, New York from the Presutti family members, now, therefore, be it
RESOLVED:
1. That the Board of Legislators does authorize the purchase of property by the County of Allegany from the Presutti family members located at 21 Court Street, Belmont, New York for the sum of $70,000.
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Reynolds 8 Ayes, 7 Noes, 0 Absent Voting No: Burdick, Kruger, McCormick, O’Grady, Russo, Truax, Ungermann
Comments made regarding Resolution No. 106-09 included:
Legislator Dibble voiced his support for the first two resolutions, as they will help to address parking problems, both ongoing problems and those resulting from the Court addition.
Legislator O’Grady spoke against the resolution because he hasn’t seen a concrete plan of the end result for Court Street. Mr. O’Grady noted that he’s heard there may be additional plans. If there was a concrete plan, he possibly could support this. There may also be other options. Maybe the answer to alleviating the parking problem is relocating some departments to other locations, which may be just as cheap as acquiring the properties, taking them off the tax roll, and making parking areas.
Allegany County Board of Legislators, Regular Session, 06/22/09 Page 3 of 18
Legislator Ungermann commented that although there’s always been a parking problem, it will be exacerbated by the Court addition. According to the SEQR process, the parking issue should have been included in the negative declaration and it wasn’t. The matter should be returned to the table until a full review is done. There isn’t a complete plan yet, and now we will be affecting the environment of the entire neighborhood. Also, some of the properties are very old. Prior to purchasing, there should be a letter from the NYS Office of Historic Preservation releasing the properties. This issue should have been included with the original Court facilities SEQR process, so Mr. Ungermann felt that the way the law reads, the project had been segmented.
Legislator Pullen commented that as Mr. Ungermann has done in the past, he brings things up without doing his homework. On this matter, he doesn’t know what he is talking about. The SEQR process has been done specifically for this. It was not segmented because this option for parking had not been considered at the time the SEQR for the Courthouse was completed. Other methods for addressing parking concerns were looked at, and this appears to be a reasonable and viable approach. Mr. Pullen was confident that the SEQR will hold up to scrutiny; this is just another attempt to stall moving ahead with the current plan. The SEQR has been done, it was reviewed and scrutinized, and a negative declaration was adopted. Mr. Pullen noted that he’s comfortable with continuing ahead and felt this was the most reasonable and effective way to address the parking issue. There are specific details to be resolved, and no plans have been set on materials to be used for the parking areas. These issues will be considered in committee. Mr. Pullen reiterated that the proposed resolution is appropriate and has gone through the proper channels.
Legislator Kruger disagreed with Mr. Pullen, expressing his opinion that it is unreasonable to consider building a new Court facility while leaving the equivalent of three gymnasiums empty on the third floor. It’s unreasonable to exacerbate the parking problem by replacing part of the existing parking lot with a new building. It’s unreasonable to leave a facility like the Belmont school empty with 150 paved parking spots. Mr. Kruger noted that he attended most of the Court Facilities Committee meetings and requested numerous times that parking be addressed, but instead of completely looking into all options, very little time was spent on it. Also, we have not heard from the Genesee Valley School District or the Town of Amity or the Village of Belmont on the affects these property purchases will have on the tax roll. We’re taking away from their tax base. This resolution is adding the expense of parking to the $13 million cost of the Court project already being added to the debt of the County, while taking away the means to pay for it. Mr. Kruger felt the action was irresponsible and unreasonable.
Chairman Crandall clarified that the SEQR process has been reviewed by the County Attorney who offered his assurance that the process was legal and proper. Chairman Crandall responded to Mr. Kruger’s statement regarding discussion in committee meetings on property and parking by pointing out that a lot of discussion took place in executive session.
Resolution Intro. No. 107-09 (Authorizing the Purchase of Property from Charles and Gloria Tronetti Located in Belmont, New York) was removed from the table following a motion made by Legislator Pullen, seconded by Legislator Reynolds and carried on a roll call vote of Allegany County Board of Legislators, Regular Session, 06/22/09 Page 4 of 18
8 Ayes, 7 Noes, 0 Absent (opposed: Burdick, Kruger, McCormick, O’Grady, Russo, Truax, Ungermann). The resolution was originally tabled on June 8, 2009.
RESOLUTION NO. 107-09
RATIFYING BOARD CHAIRMAN’S SIGNATURE AND AUTHORIZING THE PURCHASE OF PROPERTY FROM CHARLES AND GLORIA TRONETTI LOCATED IN BELMONT, NEW YORK
Offered by: Ways and Means Committee
WHEREAS, the County of Allegany desires to purchase property located at 25 Court Street, in the Village of Belmont, New York from the Tronettis, now, therefore, be it
RESOLVED:
1. That the Board of Legislators does authorize the purchase of property by the County of Allegany from the Tronettis located at 25 Court Street, Belmont, New York for the sum of $82,000.
2. That the signature of the Chairman of the Allegany County Board of Legislators is ratified.
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Reynolds 8 Ayes, 7 Noes, 0 Absent Voting No: Burdick, Kruger, McCormick, O’Grady, Russo, Truax, Ungermann
Comments made regarding Resolution No. 107-09 included:
Legislator Kruger pointed out that the County had $118,000 in the former Belmont school and gave it away for $1.
Legislator Ungermann noted that the same comments he offered for Resolution No. 106-09 applied to this resolution as well.
Legislator Burdick noted that he couldn’t see where parking down the hill would be the most efficient way to go. There’s been talk of a shuttle bus, but with the winter weather, walking up would create nothing but hazards. Mr. Burdick suggested that maybe we should look at moving some offices off the hill instead of adding to the parking problem.
RESOLUTION INTRO. NO. 116-09 (RESOLUTION MODIFYING THE PROVISION OF HEALTH INSURANCE FOR COUNTY LEGISLATORS BY REQUIRING A LEGISLATOR TO CONTRIBUTE ONE-HALF THE COST THEREOF) WAS REFERRED TO Allegany County Board of Legislators, Regular Session, 06/22/09 Page 5 of 18
THE PERSONNEL COMMITTEE following a motion made by Legislator O’Grady, seconded by Legislator Reynolds and carried. Comments made prior to the motion to refer included:
Legislator O’Grady explained the reason he introduced the resolution was to ensure there would be some sort of fair action taken on the health insurance issue. It’s an issue of concern for some taxpayers. If he had brought it up at a Personnel Committee meeting, he wasn’t sure it would be addressed. It’s not being presented as a big cost savings, but the County is asking full-time employees and department heads to contribute more, and Mr. O’Grady felt the Legislators should lead by example. Maybe 50 percent isn’t the answer, but there aren’t many part-time jobs in the County that receive medical benefits. Although Legislators are technically full-time, taxpayers consider them part-time.
Legislator Ungermann read from a University of Buffalo Regional Institute Policy Brief received in January 2009, entitled “The End of Local Government as We Know It,” which addressed the non-pension retirement liabilities of New York’s local governments and the choices they will have to make that could change the face of local government. Excerpts: “For municipalities with the largest retiree liabilities, the promise of lifetime health care for workers … is a major contributor. …These governments are caught in a bind similar to many older companies with unsustainable obligations. …Striking a workable balance that treats employees and retirees fairly while doing the same for taxpayers is ideal. But if a balance cannot be reached, radical measures – bankruptcy, consolidation, or some other substantial restructuring – may be inevitable.” Mr. Ungermann disagreed with Mr. O’Grady about the cost savings, as he feels this proposal could save between $50,000 and $60,000 per year. Mr. Ungermann also read from a book written by Lee Iacocca, entitled “Where Have All the Leaders Gone?” a section called, “Share the Sacrifice.” The article encouraged that sacrifice begin at the top. Mr. Ungermann referred to a previous discussion about negotiating union contracts and more contributions, and related that Mr. Fanton said unless you have a hammer to hold over their heads, you won’t get anything. Mr. Ungermann commented that this proposal would be the beginning of the hammer. It’s a start.
Legislator Fanton responded that his statements were not as Mr. Ungermann presented. He didn’t say you wouldn’t get anything; his point was that the County doesn’t have the same hammer that industry does. You can’t move the County; industry can get up and move. The County has to use negotiations, and that’s what we’re doing.
Legislator Pullen commented that this is an important issue and deserves debate. As was the case with the proposal to reduce the size of the Legislature, it’s not as simple as it seems. There are some things that need to be considered. Washington is proposing a national health care plan. If that proposal is implemented, we won’t have the option to cancel medical insurance for any employees. Before the County does anything that may or may not save money, we should wait to see what happens there. One draft of the plan will require employers to provide health benefits for all employees with no exceptions. Another issue is that the state will be addressing some concerns with state retirement where every official with no set schedule of work hours must maintain time records for a given length of time that are certified to indicate they are typical. The board would then need to establish a standard time allocation for this position. These issues are already being considered at the federal and Allegany County Board of Legislators, Regular Session, 06/22/09 Page 6 of 18 state levels and could make this proposed resolution a moot issue. There are other issues Mr. Pullen would like to see considered in detail by an entity like the Personnel Committee, such as if single coverage could be provided with the employee picking up the difference for family coverage, or other percentages for contributions. It’s also unusual to have part-time positions with benefits, and the amount of time spent by Legislators varies widely. There are medical insurance plan changes being looked at now that would apply to all Legislators, and we are starting at the top. It’s an extremely complex issue with a significant financial impact, and it deserves more discussion. Mr. Pullen noted that Mr. Ungermann chose to read an article about retiree health insurance, and the proposed resolution doesn’t even address that. That would be a totally separate and thornier issue than current employee benefits.
Legislator Russo noted that this is not the first time this issue has come up. Several years ago time was spent with non-unit employees and Legislators to come up with a fair number for health benefit contribution. A committee was appointed, and they arrived at $25 per month, which Mr. Russo felt was very low. If the proposal goes to Personnel, they need to look at the entire issue for non-unit staff and Legislators. Mr. Russo also noted that if 50 percent of the cost of health insurance is taken from Legislators who are only making $8,500 per year, they won’t be making much.
Legislator Kruger pointed out that an ad hoc committee discussed the health insurance contribution issue in the past. Both he and Mr. Ungermann referred to articles written on the topic, one dated August 14, 2007 by Mr. Pullen and one dated March 29, 2006 by Mr. Ungermann. Nothing has been accomplished. It’s nearly the end of the term, and Mr. Kruger would like to see some progress for the taxpayers’ sake.
RESOLUTION INTRO. NO. 117-09 (CREATING POSITION OF CASEWORKER IN THE DEPARTMENT OF SOCIAL SERVICES) WAS WITHDRAWN following a motion made by Legislator Truax, seconded by Legislator Dibble and carried. The position would have assisted Child Protective Services staff by providing preventive services to identified families. Anticipated funding from the New York State Office of Children and Family Services for Family Assessment Response workers did not come through.
Resolution Intro. No. 118-09 (Creating One New Part-Time Position of Senior Account Clerk Typist in the Sheriff’s Department) was amended on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried, by adding the statement, “That a maximum of seventeen hours per week is authorized for this position.”
RESOLUTION NO. 108-09
CREATING ONE NEW PART-TIME POSITION OF SENIOR ACCOUNT CLERK TYPIST IN THE SHERIFF’S DEPARTMENT
Offered by: Public Safety Committee
Allegany County Board of Legislators, Regular Session, 06/22/09 Page 7 of 18
RESOLVED:
1. That one new part-time position of Senior Account Clerk Typist is created in the Sheriff’s Department.
2. That a maximum of seventeen hours per week is authorized for this position.
3. This resolution shall take effect on June 23, 2009.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Reynolds 15 Ayes, 0 Noes, 0 Absent
(Memo: The part-time position created by Resolution No. 108-09 was needed to supplement the Civil Office. Income Executions are up 17 percent over last year, as is other work associated with the office. Due to the economic situation, these numbers are expected to continue to rise. Also, the current Clerk of the Civil Office is the only person on staff with an understanding of the duties of the position. The Sheriff’s Office would be in dire straits should the current Clerk become unavailable. No benefits will be associated with this position.)
RESOLUTION NO. 109-09
GRANTING SALARY INCREMENTS EFFECTIVE JULY 1, 2009, TO UNIT AND NON-UNIT EMPLOYEES
Offered by: Personnel Committee
Pursuant to Resolution No. 1-69, as amended, and Resolution No. 297-75, as amended
WHEREAS, eight County unit and non-unit employees are eligible to receive an annual salary increment effective July 1, 2009, and
WHEREAS, the proper County department heads have recommended that such employees receive their respective annual salary increment effective July 1, 2009, 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 Board concurs in such recommendation, now, therefore, be it
RESOLVED:
1. That the following listed employees are granted their respective annual increment effective July 1, 2009, to wit:
Allegany County Board of Legislators, Regular Session, 06/22/09 Page 8 of 18
Department Name Title Increment County Clerk Darcelle Hyslip Index Clerk $.33/hour Public Works Eileen Shephard Cleaner $.30/hour Public Works Betty White Janitor $.38/hour Social Services Pam Watson Caseworker $.64/hour Social Services Lori Brown Social Welfare Ex. $.46/hour Sheriff Eric Smith Correction Officer $.40/hour Office for Aging Madeleine Gasdik Coordinator $.65/hour Office for Aging Kathleen Jones Typist $.27/hour
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Pullen 12 Ayes, 3 Noes, 0 Absent Voting No: Kruger, Russo, Ungermann
Comments made regarding Resolution No. 109-09 included: Legislator Kruger voiced his opposition due to the inclusion of both unit and non-unit positions in the same resolution. The County is bound under contract for unit position salary increments, but is not bound for non- unit positions; they should be handled separately.
RESOLUTION NO. 110-09
APPROVAL OF SALE OF 2009 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 such agreed to Terms of Sale and monetary offers as shown below are accepted and the prior action of the Chairman of this Board in executing and delivering on behalf of the County of Allegany to such purchasers a quit claim deed of the County's interest in such premises, taken upon satisfaction of the Terms of Sale and full payment to the County Treasurer of the monetary offers, are hereby approved and ratified.
New Owner County Title Address Recorded Date Sale Price Parcel Details Liber, Page
JOHNSON, RICHARD Parcel ID: 022089/190.-1-27 County of Allegany 4509 East Valley Road Prop Loc: 4509 East Valley Rd Andover, NY 14806 Assessed value: $65,000 Book: 1309 Tax sale amount: $5,816 Acreage: 13.50 Page: 172
Allegany County Board of Legislators, Regular Session, 06/22/09 Page 9 of 18
STUCK, SHARON M. Parcel ID: 022889/172.-1-35 County of Allegany 5078 Noble Street Prop Loc: 5078 Easton Road Belmont, NY 14813 Assessed value: $35,700 Book: Tax sale amount: $2,973 Acreage: 0.75 Page:
AMIRHAMZEH, SEYED Parcel ID: 023089/216.-1-71 County of Allegany 1332 Dyke Rd, Box 734 Prop Loc: 1332 Dyke Road Andover, NY 14806 Assessed value: $75,000 Book: 1579 Tax sale amount: $7,096 Acreage: 1.00 Page: 153
SPRAGUE, RICHARD P. Parcel ID: 023400/118.-1-26 County of Allegany Main St./State Route 19 Prop Loc: 7264 Route 19 Belfast, NY 14711 Assessed value: $25,800 Book: 1307 Tax sale amount: $2,768 Acreage: 1.60 Page: 312
GALBREATH, VALERIE L. Parcel ID: 023801/273.5-1-23.1 County of Allegany 100 Olive Street Prop Loc: 100 Olive Street Bolivar, NY 14715 Assessed value: $29,100 Book: 1184 Tax sale amount: $4,554 Acreage: 7.11 Page: 115
FLEMING, JEFFREY A. Parcel ID: 024600/205.-1-14.2 County of Allegany 3892 Hamilton Hill Road Prop Loc: 3892 Hamilton Hill Rd Cuba, NY 14727 Assessed value: $42,000 Book: 1239 Tax sale amount: $5,156 Acreage: 6.30 Page: 208
ROSE, WILLIAM C, II Parcel ID: 024889/168.-1-16.2 County of Allegany 6 Stone Street Prop Loc: Hubbell Hill Road N Cuba, NY 14727 Assessed value: $14,400 Book: 1028 Tax sale amount: $1,712 Acreage: 13.36 Page: 334
GREEN, BRADLEY Parcel ID: 024889/192.-1-12.1 County of Allegany 4261 State Route 305 Prop Loc: Route 305 Cuba, NY 14727 Assessed value: $15,200 Book: 1401 Tax sale amount: $2,324 Acreage: 6.30 Page: 184
GREENE, CARL D. Parcel ID: 025000/183.-1-22.1 County of Allegany GREENE, MICHELLE E. Property Loc: 6520 County Rd 31 6520 County Road 31 Assessed value: $36,000 Book: 1005 Friendship, NY 14739 Acreage: 2.13 Page: 00272 Tax sale amount: $2,157
OSTRUM, DANIEL Parcel ID: 025200/297.-1-15.4 County of Allegany 361 Route 417 Property Loc: 361 Route 417 Little Genesee, NY 14754 Assessed value: $85,300 Book: 1586 Tax sale amount: $8,560 Acreage: 12.00 Page: 238
Allegany County Board of Legislators, Regular Session, 06/22/09 Page 10 of 18
BENTLEY, STEVEN E. Parcel ID: 025800/26.11-1-52 County of Allegany 7008 School Street Property Loc: School Street Hume, NY 14745 Assessed value: $44,300 Book: 1225 Tax sale amount: $3,958 Acreage: 1.10 Page: 313
TROUTMAN, GARY L. Parcel ID: 026800/189.-1-3.3 County of Allegany 4791 County Road 12 Property Loc: 4791 County Rd 12 Andover, NY 14806 Assessed value: $23,900 Book: 1060 Tax sale amount: $2,758 Acreage: 1.00 Page: 84
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hall 15 Ayes, 0 Noes, 0 Absent
Resolution Intro. No. 121-09 (Approval of Sale of 2009 Tax Sale Properties) was amended on a motion made by Legislator Reynolds, seconded by Legislator Dibble and carried to add two parcels that were left out (Parcel ID No. 022089/152.13-1-18 and No. 027001/239.37-1-29).
RESOLUTION NO. 111-09
APPROVAL OF SALE OF 2009 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 2007 and/or back to the year 1995 (TF95 up to and including TF07) tax foreclosure proceedings and the subsequent execution of a deed of all of the below mentioned properties to the County of Allegany 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.
New Owner County Title Allegany County Board of Legislators, Regular Session, 06/22/09 Page 11 of 18
Address Recorded Date Sale Price Parcel Details Liber, Page
LAFORGE, KEVIN Parcel ID: 022089/152.13-1-18 County of Allegany No Street Name or Number Prop Loc: 6146 Stare Route 21 P. O. Box 425 Assessed value: $2,300 Book: 1118 Wellsville, NY 14895 Acreage: 0.30 Page: 31 Tax sale amount: $1,200
ROWLEY, KEVIN P. Parcel ID: 022400/262.-1-1.2 County of Allegany ROWLEY, PATRICIA A. Prop Loc: Phillips Hill Road 7164 Hunters Creek Road Assessed value: $23,700 Book: 1524 Holland, NY 14080 Acreage: 2.90 Page: 220 Tax sale amount: $1,200
RATHBUN, CYRUS W. Parcel ID: 022400/275.-1-40 County of Allegany No Street Name or Number Prop Loc: County Road 18 P. O. Box 121 Assessed value: $10,800 Book: 961 Delevan, NY 14042 Acreage: 24.40 Page: 00228 Tax sale amount: $4,500
GRAHAM, LARRY S. Parcel ID: 022400/290.-1-22.16 County of Allegany GRAHAM, BRIDGET C. Prop Loc: County Road 38 2830 Bells Run Road Assessed value: $7,800 Book: 1495 Shinglehouse, PA 16748 Acreage: 10.50 Page: 276 Tax sale amount: $4,000
KELLEY, MATTHEW J. Parcel ID: 022801/172.13-2-23 County of Allegany KELLEY, LAURIE L. Prop Loc: 8 John Street 3826 State Route 244 Assessed value: $28,100 Book: 1459 Belmont, NY 14813 Acreage: 0.25 Page: 266 Tax sale amount: $7,000
DUNN, CHERI L. Parcel ID: 022889/186.-1-13 County of Allegany DUNN, STEVEN W. Prop Loc: Plumbottom Road 3494 Upper Mountain Road Assessed value: $12,800 Book: 747 Sanborn, NY 14132 Acreage: 33.80 Page: 00019 Tax sale amount: $25,000
WISSERT, WALTER W., JR. Parcel ID:022889/199.-1-18.1 County of Allegany No Street Name or Number Prop Loc: 4340 State Route 19 P. O. Box 33 Assessed value: $18,200 Book: 843 Scio, NY 14880 Acreage: 0.50 Page: 00048 Tax sale amount: $1,500
CATANESE, MARK A. Parcel ID: 023089/203.-1-15 County of Allegany Allegany County Board of Legislators, Regular Session, 06/22/09 Page 12 of 18
CATANESE, JEAN M. Prop Loc: East Valley Road 5373 Townline Road Assessed value: $12,000 Book: Sanborn, NY 14132 Acreage: 0.25 Page: Tax sale amount: $2,500
MILLER, RANDY Parcel ID: 023400/105.-1-40.2 County of Allegany 7576 County Road 26 Prop Loc: County Road 26 Belfast, NY 14711 Assessed value: $4,800 Book: Tax sale amount: $2,100 Acreage: 0.90 Page:
GOODSELL, JOY E. Parcel ID: 023400/143.-1-19 County of Allegany No Street Name or Number Prop Loc: 6925 Tibbetts Hill Road Savona, NY 14879 Assessed value: $4,500 Book: 1531 Tax sale amount: $1,900 Acreage: 0.75 Page: 177
KBCD INTERNATIONAL, LLC Parcel ID: 023801/260.17-2-56 County of Allegany Attn: Richard Boundy Prop Loc: 112 Plum Street 2769 Roosevelt Road Assessed value: $25,500 Book: 1169 Yuba City, CA 95991 Acreage: 0.20 Page: 256 Tax sale amount: $9,500
GOODSELL, JOY E Parcel ID: 023889/260.-1-11.2 County of Allegany No Street Name or Number Prop Loc: 6913 Richburg Hill Road P. O. Box 1272 Assessed value: $18,100 Book: 1149 Savona, NY 14879 Acreage: 25.00 Page: 246 Tax sale amount: $9,600
GOODSELL, JOY E Parcel ID: 024089/48.-1-13.4 County of Allegany No Street Name or Number Prop Loc: Bull Road P. O. Box 1272 Assessed value: $5,900 Book: 1563 Savona, NY 14879 Acreage: 4.90 Page: 300 Tax sale amount: $2,300
KROTZ, RONALD P. Parcel ID: 024200/77.19-1-58.6 County of Allegany 7487 Gleason Hill Road Prop Loc: County Road 49 Belfast, NY 14711 Assessed value: $6,900 Book: 1191 Tax sale amount: $1.00 Acreage: 0.52 Page: 18
KROTZ, RONALD P. Parcel ID: 024200/77.-3-13.3 County of Allegany 7487 Gleason Hill Road Prop Loc: County Road 49 Belfast, NY 14711 Assessed value: $1,400 Book: 1299 Tax sale amount: $7,999 Acreage: 1.80 Page: 53
Allegany County Board of Legislators, Regular Session, 06/22/09 Page 13 of 18
FONTANA, RICHARD Parcel ID: 024200/91.2-1-39 County of Allegany 8015 Messer Road Prop Loc: 8391 State Route 19 Bolivar, NY 14715 Assessed value: $10,000 Book: 1625 Tax sale amount: $1,400 Acreage: 0.28 Page: 9
APPELL, HOWARD C. Parcel ID: 024200/91.2-1-49.1 County of Allegany 146 Bachman Road Prop Loc: State Route 19 Rochester, NY 14621 Assessed value: $10,900 Book: 1080 Tax sale amount: $5,900 Acreage: 0.60 Page: 241
INGRAHAM, VICTORIA M. Parcel ID: 024600/206.-1-22.3 County of Allegany 8932 Cuba-Friendship Road Prop Loc: 3779 Moulton Road Cuba, NY 14727 Assessed value: $4,200 Book: 1159 Tax sale amount: $1,499 Acreage: 1.80 Page: 76
INGRAHAM, VICTORIA M. Parcel ID: 024600/206.-1-22.4 County of Allegany 8932 Cuba-Friendship Road Prop Loc: Moulton Road Cuba, NY 14727 Assessed value: $4,400 Book: 1210 Tax sale amount: $1.00 Acreage: 2.40 Page: 22
SEARL RANDY A. & SUSAN E. Parcel ID: 024801/179.7-2-3 County of Allegany GRASTORF, DENNIS H.&NADA Prop Loc: 20-32 Main Street 4900 Hood Road Assessed value: $60,000 Book: 1149 Belmont, NY 14813 Acreage: 0.48 Page: 86 Tax sale amount: $5,200
NISSLEY, SAMUEL D. Parcel ID: 024889/153.5-1-9.1 County of Allegany 11784 County Road 36 Prop Loc: Clark Div Freedom, NY 14065 Assessed value: $800 Book: 917 Tax sale amount: $200 Acreage: 100.00 Page: 00111
ENDERS, CHRISTOPHER J. Parcel ID: 025000/155.-1-20 County of Allegany 7123 Crawford Creek Road Prop Loc: 6175 Springbrook Road P. O. Box 205 Assessed value: $13,400 Book: 1064 Belfast, NY 14711 Acreage: 3.93 Page: 26 Tax sale amount: $2,500
DEMARTE, STEPHEN J. Parcel ID: 025000/182.11-2-7 County of Allegany 7579 Route 19 Prop Loc: 1 Maple Avenue Belfast, NY 14711 Assessed value: $21,900 Book: 1230 Tax sale amount: $3,500 Acreage: 0.91 Page: 197
Allegany County Board of Legislators, Regular Session, 06/22/09 Page 14 of 18
MIDDAUGH, RICHARD C. Parcel ID: 025000/182.15-1-38 County of Allegany 6148 County Road 18 Prop Loc: 70 Main Street Alma, NY 14708 Assessed value: $33,500 Book: 1357 Tax sale amount: $2,000 Acreage: 0.09 Page: 151
SPETA, TAMARA L. Parcel ID: 025000/182.16-1-11 County of Allegany 4933 Maple Grove Rd, Lot 3 Prop Loc: 19 Water Street Friendship, NY 14739 Assessed value: $12,000 Book: 1531 Tax sale amount: $700 Acreage: 1.30 Page: 270
KBCD INTERNATIONAL, LLC Parcel ID: 025000/182.7-1-41 County of Allegany 2769 Roosevelt Road Prop Loc: 39 Queen Ann Street Yuba City, CA 95991 Assessed value: $15,000 Book: 1488 Tax sale amount: $2,100 Acreage: 0.44 Page: 146
OLIVER, THOMAS A. Parcel ID: 025200/270.-1-32.1 County of Allegany OLIVER, KAREN L. Prop Loc: Deer Creek Road 953 Portville-Olean Road Assessed value: $7,000 Book: Portville, NY 14770 Acreage: 2.70 Page: Tax sale amount: $4,500
FONTANA, RICHARD Parcel ID: 025200/279.-1-21.2 County of Allegany 8015 Messer Road Prop Loc: State Route 417 Bolivar, NY 14715 Assessed value: $100 Book: 1168 Tax sale amount: $250 Acreage: 0.20 Page: 233
MILLER, BONNIE M. Parcel ID: 025600/10.-1-9 County of Allegany 11809 State Route 70 Prop Loc: State Route 70 Swain, NY 14884 Assessed value: $56,240 Book: 1656 Tax sale amount: $7,500 Acreage: 0.47 Page: 27
TOWNER LIVING TRUST, Parcel ID: 025800/40.-1-12.1 County of Allegany DATED 1/5/99 Prop Loc: Bernard Street TERRY L. TOWNER & Assessed value: $5,800 Book: 1240 BARBARA A. TOWNER, Acreage: 2.00 Page: 230 TRUSTEES 3855 So Goodhue Lake Road P. O. Box 10 Addison, NY 14801 Tax sale amount: $6,100
LEWIS, JAIME L. Parcel ID: 026000/295.-1-24.7 County of Allegany 858 Pleasant Valley Road Prop Loc: Snow Road Whitesville, NY 14897 Assessed value: $4,000 Book: 1149 Tax sale amount: $3,100 Acreage: 4.80 Page: 278
Allegany County Board of Legislators, Regular Session, 06/22/09 Page 15 of 18
EDWARDS, MIKE W. Parcel ID: 026000/295.5-2-18.1 County of Allegany 967 Harrigan Road Prop Loc: 501 Main Street Whitesville, NY 14897 Assessed value: $32,300 Book: 1250 Tax sale amount: $1,000 Acreage: 0.20 Page: 97
WATERS, CHRISTOPHER S. Parcel ID: 026000/306.-3-10.1 County of Allegany 815 Pleasant Valley Road Prop Loc: Paynesville Hill Road Whitesville, NY 14897 Assessed value: $13,400 Book: 709 Tax sale amount: $25,500 Acreage: 31.40 Page: 00224
SMITH, TODD G. Parcel ID: 026400/62.-1-13.1 County of Allegany SMITH, KELLY L. Prop Loc: 9213 State Route 243 11534 Church Street Assessed value: $51,800 Book: 1020 Fillmore, NY 14735 Acreage: 39.70 Page: 00086 Tax sale amount: $21,000
MCKENNA, CHRISTOPHER D. Parcel ID: 026400/76.5-1-52 County of Allegany 21 Mark Avenue Prop Loc: 8857 Lower Street Hamburg, NY 14075 Assessed value: $5,000 Book: 1031 Tax sale amount: $900 Acreage: 0.33 Page: 169
32 MAIN ST LLC Parcel ID: 027001/239.37-1-29 County of Allegany Attn: KEVIN LAFORGE Prop Loc: 32 N Main Street No Street Name or Number Assessed value: $75,000 Book: P. O. Box 425 Acreage: 0.28 Page: Wellsville, NY 14895 Tax sale amount: $500
ECK, DANIEL M. Parcel ID: 026600/211.-1-2 County of Allegany No Street Name or Number Prop Loc: 5350 County Road 31A Scio, NY 14880 Assessed value: $35,000 Book: 1209 Tax sale amount: $1,700 Acreage: 1.70 Page: 85
WHITE, LARRY D. Parcel ID: 026600/250.18-1-1 County of Allegany WHITE, BOBBIE J. Prop Loc: Yeager Hill Road 29 North Martin Street Assessed value: $33,500 Book: 1192 Dunkirk, NY 14048 Acreage: 0.89 Page: 79 Tax sale amount: $2,600
ARB SERVICES, LLC Parcel ID: 027001/225.20-1-25 County of Allegany ALLEN R. BAINBRIDGE, JR. Prop Loc: 173 Farnum Street 595 Lyndon Road Assessed value: $55,000 Book: Cuba, NY 14727 Acreage: 0.00 Page: Tax sale amount: $15,000
ROBERTS, FRED A., JR. Parcel ID: 027001/225.20-2-25 County of Allegany Allegany County Board of Legislators, Regular Session, 06/22/09 Page 16 of 18
3256 Trapping Brook Road Prop Loc: 430 Scott Avenue P. O. Box 285 Assessed value: $3,500 Book: Wellsville, NY 14895 Acreage: 0.43 Page: Tax sale amount: $50
CONNOR, JAMES J. Parcel ID: 027001/238.12-3-4 County of Allegany 1821 SE 35th Lane Prop Loc: 91 Stevens Street Ocala, FL 34471 Assessed value: $2,900 Book: 1066 Tax sale amount: $2,600 Acreage: 0.23 Page: 338
FULLER, ROBERT J. Parcel ID: 027001/238.8-3-47 County of Allegany FULLER, BEUNA M. Prop Loc: 95 E Genesee Street 3244 Riverside Assessed value: $34,300 Book: Wellsville, NY 14895 Acreage: 0.37 Page: Tax sale amount: $9,600
MCKENNA, CHRISTOPHER D. Parcel ID: 027001/239.10-2-49 County of Allegany 21 Mark Avenue Prop Loc: Cameron Street Hamburg, NY 14075 Assessed value: $8,000 Book: 1149 Tax sale amount: $2,700 Acreage: 0.99 Page: 136
BILLINGS, ROY D. Parcel ID: 027400/280.-1-21 County of Allegany BILLINGS, JOAN E. Prop Loc: 2187 Beech Hill Road 1104 Harris Road Assessed value: $16,200 Book: 1202 Wellsville, NY 14895 Acreage: 1.90 Page: 252 Tax sale amount: $4,000
HURLBURT, GLORIA J. Parcel ID: 027400/292.3-1-32.1 County of Allegany 917 Spicer Road Prop Loc: 481 State Route 19 Whitesville, NY 14897 Assessed value: $25,500 Book: 1229 Tax sale amount: $2,100 Acreage: 1.30 Page: 85
BALDWIN, DANIELLE C. Parcel ID: 027601/247.17-1-1.12 County of Allegany BALDWIN, NICHOLAS C. Prop Loc: Clarksville Street 103 Ackerman Street Assessed value: $11,300 Book: 1524 Bolivar, NY 14715 Acreage: 4.00 Page: 344 Tax sale amount: $1,900
ZAKER, KARL G. Parcel ID: 027689/208.-1-49 County of Allegany 427 26th Street Prop Loc: 7484 Blaine Road Niagara Falls, NY 14303 Assessed value: $25,600 Book: 1104 Tax sale amount: $4,500 Acreage: 1.30 Page: 266
Allegany County Board of Legislators, Regular Session, 06/22/09 Page 17 of 18
BARNETT FOREST Parcel ID: 027689/233.-3-17.23 County of Allegany PRODUCTS, LLC Prop Loc: County Road 40 281 County Route 51A Assessed value: $10,300 Book: 1163 Oswego, NY 13126 Acreage: 10.70 Page: 11 Tax sale amount: $5,500
COLE, GUY K. Parcel ID: 027689/246.-3-5 County of Allegany COLE, CHRISTINE E. Prop Loc: 2595 Harland Ames Rd 129 Dean Street Assessed value: $13,400 Book: 1732 Bolivar, NY 14715 Acreage: 0.00 Page: 252 Tax sale amount: $1,400
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hall 14 Ayes, 1 No, 0 Absent Voting No: Kruger
RESOLUTION NO. 112-09
ACCEPTANCE OF INSURANCE PAYMENTS FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS
Offered by: Ways and Means Committee
WHEREAS, a check in the amount of $208, representing the full cost to replace a broken windshield on a County 2002 Chevrolet Trailblazer has been offered by NYMIR in settlement for such property damage, which occurred on May 14, 2009, and
WHEREAS, a check in the amount of $4,970.16, representing the reimbursable expenses associated with repairs at the Cuba-Friendship Transfer Station, stemming from an accident on December 24, 2008, has been offered by NYMIR in settlement for such property damage, now, therefore, be it
RESOLVED:
1. That insurance payments totaling $5,178.16 from NYMIR representing the cost of replacing a broken window and reimbursable expenses with the Cuba-Friendship Transfer Station are accepted.
2. That the sum of $5,178.16 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680 (Risk Retention – Insurance Recovery).
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
AUDITS: Allegany County Board of Legislators, Regular Session, 06/22/09 Page 18 of 18
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 Legislator Truax, seconded by Legislator Pullen and adopted on a roll call vote of 14 Ayes, 1 No, 0 Absent, that the audit of claims, totaling $1,531,960.38 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Opposed: Kruger.) (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $3,944,028.)
COMMENTS:
Legislator Pullen commented on some information provided by the Deputy County Treasurer on health insurance costs for 2003 through 2008. Costs have gone up for most years, but the total dropped 12.5 percent from 2007 to 2008, or almost $1 million. The reduction may have been partially due to decreased usage, but was also significantly related to the change in third party administrators. That change was implemented by this Board. Last year was the first time we saw the benefit of that change. It’s uncertain whether there will be a cash savings for 2009, but in looking at the increases for the past several years, lately there has been a noticeable lack of increase or actual decrease in health insurance costs. Mr. Pullen noted that on June 29, a consultant from Manning and Napier will answer questions on proposed changes in the basic health insurance plan for non-unit personnel including Legislators. The sooner we implement the change, the sooner we will see additional savings. Legislator Kruger commented that during negotiations back in 1994, the AFSCME Union brought in insurance representatives to propose similar savings, and the Board turned it down.
ADJOURNMENT: The meeting was adjourned at 3:00 p.m. on a motion made by Legislator Truax, seconded by Legislator Dibble and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION JULY 13, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Jack Swetland, former United States Navy Mess Management Chief.
INVOCATION: The Invocation was given by Legislator Reynolds.
ROLL CALL: 14 Present; 1 Absent (Legislator Pullen).
APPROVAL OF MINUTES:
The Board meeting minutes of June 8, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried.
The Board meeting minutes of June 22, 2009 were approved on a motion made by Legislator Fanton, seconded by Legislator Dibble and carried. Legislator Ungermann commented on action taken at that meeting on the purchase of properties for parking needs resulting from the Court facility project. He distributed copies of correspondence from the Department of Environmental Conservation raising issues with riverbank erosion, widening the access road, and the segmented SEQR process. Mr. Ungermann questioned whether everything was in order, as the DEC doesn’t feel that it is. Chairman Crandall noted that the County Attorney has expressed the opinion that everything was handled legally and properly.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Jack Swetland, former United States Navy Mess Management Chief, in grateful appreciation of his service to our Country. Mr. Swetland’s service dates were from June 1974 to June 1994. Following Great Lakes Sub School, duty assignments included several submarines, and he took part in an Arctic expedition under ice. Commendations received were: Navy Achievement Medal, Good Conduct Medal (five times), Sea Service Ribbon, Trident Patrol Pin, and Submarine Pin. Mr. Swetland led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall granted privilege of the floor to County Administrator/Budget Officer John Margeson for presentation of the 2008 Year-End Financial Report:
2008 Budgeted Appropriations vs. Actual Expenses: Surplus of $5.25 million 2008 Budgeted Revenues vs. Actual Revenues: Surplus of $1.19 million Allegany County Board of Legislators, Regular Session, 07/13/09 Page 2 of 8
Total Net Gain: $6.44 million
Areas where 2008 Spending Exceeded the Budget: (For comparison, 2007 figures are shown in parentheses) Jail $345,000 (2007 - deficit of $756,000) Assigned Counsel $129,000 (2007 - deficit of $ 92,000) Public Transportation $ 85,000 (2007 - deficit of $383,000) Community College $ 73,000 (2007 - deficit of $ 61,000)
Areas where 2008 Revenues Exceeded the Budget: Housing of Out-of-County Inmates $ 951,000 Sales Tax $ 900,000
Areas of Expense Budgetary Savings: Department of Social Services $2,385,000 Public Health – Nursing $1,193,000
Reduced General Fund Costs from 2007: Employee Health Insurance $1,004,000
General Fund Expenditures and Revenues, including Fiscal Year Gain/(Loss), were compared for the eight-year period of 2001 through 2008. Net losses were experienced in the first three years: 2001 – ($0.3 million), 2002 – ($6.8 million), and 2003 – ($2.8 million). Financial gains occurred from 2004 through 2008 in the following amounts: 2004 - $0.7 million, 2005 - $2.72 million, 2006 - $1.18 million, 2007 - $2.42 million, and 2008 - $6.4 million.
Unreserved Fund Balance at year end for each of those eight years: 2001 - $1.5 million, 2002 – ($2.9 million), 2003 – ($3.8 million), 2004 – ($3.6 million), 2005 – ($0.9 million), 2006 - $0.1 million, 2007 - $2.9 million, and 2008 - $9.3 million.
The actual percentages of each area of the 2008 General Fund for expenditures and revenue were illustrated.
Mr. Margeson commented that this was the best year-end financial report he remembered, with the next closest being 1990 when the County ended the year with $8 million in unreserved fund balance. Chairman Crandall asked how this would affect the County’s bond rating for future borrowing. Mr. Margeson replied that it should improve, and we should know if it will be going up sometime after Moody representatives visit and interview in August. Legislator Reynolds questioned the reason for the large surplus. Mr. Margeson noted that a lot of it resulted from budgeting funds for HEAP prior to finding out that the state took over the payments. Legislator Ungermann asked about the sales tax revenue projections for 2009. Mr. Margeson reported that $18.5 million was budgeted, but he felt we would only achieve between $17.5 and $17.8 million. Mr. Margeson also noted that he was informed by the State Comptroller that the State Retirement Fund contribution by municipalities is projected to increase in 2010 and 2011 to the point where the cost may triple Allegany County Board of Legislators, Regular Session, 07/13/09 Page 3 of 8 over the current obligation. That payment is budgeted at $1.6 million now, and it’s anticipated to increase to $4.8 million. Legislator Russo questioned if the retirement fund increase was due to the stock market situation, and Mr. Margeson replied that it was. Legislator Hall recognized the efforts of department heads and other agencies that helped to contribute to the healthy 2008 financial situation. Legislator McCormick asked about the independent audit. County Treasurer Terri Ross remarked that the County’s financial reports are turned in to the state in April, and an annual audit is performed in May by the firm Eldredge, Fox & Porretti. (A copy of Mr. Margeson’s PowerPoint presentation is attached to the original minutes.)
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Report of Intrafund Transfers Approved by the County Administrator in June.
2. Report of Tax Bill Corrections Approved by the County Administrator in June.
3. Report of the Allegany County Comprehensive Plan Implementation Group dated July 1, 2009.
The following communications were also acknowledged:
1. The County Treasurer filed Certificates of Withdrawal of Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law in the Clerk of the Board’s Office on June 24 and July 9, 2009.
2. The Town of Amity filed their Comprehensive Plan in the Clerk of the Board’s Office, and the original document was forwarded to the Development Office on July 2, 2009.
3. NYMIR’s 2008 Annual Report.
4. Correspondence from Joseph Rabito, Deputy Commissioner of the Office of Community Renewal, stating that the Friendship Route 275 Backup Generator Project did not receive funding under the NYS CDBG-R; however, the project may qualify for funding under the annual CDBG Program administered by the Office of Community Renewal if Friendship wishes to pursue it.
5. Invitation for Legislators to attend the Andover Wetlands Annual Kids Fishing Contest on August 1, 2009.
6. Southern Tier West Regional Planning and Development Board News Release highlighting the June 25 Board meeting, Board meeting minutes from June 25, and Notice of Meeting for July 16, 2009.
Allegany County Board of Legislators, Regular Session, 07/13/09 Page 4 of 8
7. Correspondence from Assemblyman Daniel Burling regarding the Sitewide Removal Alternative in Revised Draft Environmental Impact Statement for Decommissioning at West Valley Demonstration Project and Western New York Nuclear Service Center. This correspondence was in response to Resolution No. 97-09 in which Allegany County supported the position of Cattaraugus County on the issue.
APPOINTMENTS:
Chairman Curtis W. Crandall, in a joint measure with Crystal Abers, Chairman of the Cattaraugus County Board of Legislators, appointed Karen Knight to fill the unexpired three- year term of Jason Huffman ending December 31, 2010, and appointed Bob Halady to fill the unexpired three-year term of Susan Piper ending December 31, 2010, on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD.
Chairman Curtis W. Crandall reappointed David T. Pullen of Fillmore, New York, to serve as the legislative designee on the LAW LIBRARY BOARD OF TRUSTEES for a two- year term commencing October 2, 2009 and expiring October 1, 2011.
RESOLUTIONS:
Resolution Intro. No. 123-09 (Designation of Depositories and Establishing Maximum Deposit Amounts; Repealing Resolution No. 227-03) was amended on a motion made by Legislator Hopkins, seconded by Legislator Reynolds and carried, by correcting the name of one of the depositories from First Tier Bank and Trust to Five Star Bank and Trust.
RESOLUTION NO. 113-09
DESIGNATION OF DEPOSITORIES AND ESTABLISHING MAXIMUM DEPOSIT AMOUNTS; REPEALING RESOLUTION NO. 227-03
Offered by: Ways and Means Committee
Pursuant to County Law § 212 and General Municipal Law § 10
RESOLVED:
1. That the following named entities within Allegany County are designated depositories for the deposit of public funds, the disposition of which is not otherwise provided for by law, received by the County Treasurer, up to the maximum amount for deposit in each at any time as set forth opposite, to wit:
Community Bank of New York $18,000,000 Steuben Trust Company $18,000,000 Five Star Bank and Trust $18,000,000 JP Morgan Chase $18,000,000 Allegany County Board of Legislators, Regular Session, 07/13/09 Page 5 of 8
2. That Resolution No. 227-03 is repealed.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 114-09
A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2009 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 to mail to the below listed taxpayers a notice of approval stating, in substance, that their application made has been approved, to Allegany County Board of Legislators, Regular Session, 07/13/09 Page 6 of 8 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 Wellsville is ordered and directed to correct in the 2009 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Macauley, Jacqueline; Parcel 252.-1-80./3 Assessment: Land $7,500 Total $7,500 this is a duplicate parcel and should have been removed from the tax roll, and the County Treasurer is directed to make the following charge back:
Allegany County $60.60 Town 50.65 School Relevy 3.21 Total $114.46
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, 2010. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2010.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 115-09
TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO OFFICE OF DEVELOPMENT CONTRACTUAL EXPENSES
Offered by: Ways and Means Committee
RESOLVED:
1. That the sum of $10,000 is transferred from Account No. A1990.4 (Contingent) to Account No. A6430.4 (Development – Contractual) to increase the appropriation to the Friendship Empire Zone. Allegany County Board of Legislators, Regular Session, 07/13/09 Page 7 of 8
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Truax 13 Ayes, 1 No, 1 Absent Voting No: Ungermann
Comments made regarding Resolution No. 115-09 included: Legislator Ungermann questioned if the state had reauthorized the Empire Zone Program yet. Friendship Empire Zone Director Wendall Brown responded that the program is due to sunset in June of 2010. No state funding has been approved; the program is operating entirely through local funding for this next year, which runs April 2009 through June 2010. The office wouldn’t be able to remain open without the supplemental funding.
RESOLUTION NO. 116-09
TRANSFER OF FUNDS WITHIN EMPLOYMENT AND TRAINING APPROPRIATION ACCOUNTS
Offered by: Ways and Means Committee
RESOLVED:
1. That the transfer of the following appropriations is approved:
Appropriations From: To: Amount: CD16403.101 CD16406.101 6,000.00 CD16403.802 CD16406.802 3,000.00 CD16403.474 CD16407.475 9,000.00 CD16414.101 CD16406.101 9,600.00 CD16414.806 CD16406.806 3,000.00 CD16414.474 CD16407.474 3,500.00 CD16414.475 CD16401.475 3,600.00 CD16415.101 CD16406.101 7,000.00 CD16415.806 CD16406.806 2,600.00 Total $47,300.00
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hall 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 117-09
RESOLUTION EXTENDING AN EXISTING AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT CONCERNING THE GENESEE RIVER HAZARD MITIGATION PROJECT
Allegany County Board of Legislators, Regular Session, 07/13/09 Page 8 of 8
Offered by: Ways and Means Committee
WHEREAS, this Board by Resolution No. 133-08 authorized the County to provide temporary funding to the District to perform mitigation of stream bank erosion of the Genesee River in the Town of Scio and Town of Belfast, now, therefore, be it
RESOLVED:
1. That the extension of the original Agreement between the County of Allegany and the Allegany County Soil and Water Conservation District providing for the advancement of funds pending grant reimbursement from December 31, 2008 through December 31, 2009 is approved.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 12 Ayes, 2 Noes, 1 Absent Voting No: Burdick, O’Grady
(Memo: Regarding Resolution No. 117-09, the additional work to be completed in 2009 will total approximately $165,000, which will be reimbursed by FEMA.)
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 Truax, seconded by Legislator Fanton and adopted on a roll call vote of 11 Ayes, 3 Noes, 1 Absent, that the audit of claims, totaling $4,365,602 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 $4,409,727.) (Opposed were Legislators Kruger, Russo, and Ungermann. Mr. Kruger noted that he was against spending the $106,000 on the Court Facilities Project that was included in the audit, because it was related to taking property off the tax rolls and surrounding another property with parking areas.)
ADJOURNMENT: The meeting was adjourned at 2:50 p.m. on a motion made by Legislator Truax, seconded by Legislator Dibble and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION JULY 22, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators, which was held at the Allegany County Fairgrounds, was called to order at 2:05 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by members of a Color Guard from the Wellsville American Legion.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 14 Present; 1 Absent (Legislator O’Grady).
PRIVILEGE OF THE FLOOR:
Chairman Crandall read a proclamation designating August 1 as Jason Dunham Day in Allegany County, and American Legion Post 702 member Fred McGee presented Jason’s parents, Dan and Deb Dunham, with a plaque. Representatives from several area veterans’ groups were also in attendance to honor United States Marine Corporal Jason Dunham’s memory and to commemorate the fact that the United States Navy will be naming their newest Arleigh Burke class guided missile destroyer after the fallen Marine hero. A special ceremony dedicating the war ship, the USS Jason Dunham DDG 109, will be conducted in Bath, Maine on August 1, 2009. Corporal Dunham was awarded the Medal of Honor for his actions in Operation Iraqi Freedom on April 14, 2004, when he threw himself on top of a live grenade to save the lives of his fellow Marines, sacrificing his life on behalf of our nation in the global war on terror.
Chairman Crandall presented a plaque to the Allegany County Agricultural Society in recognition of the 165th Allegany County Fair and their dedication to agriculture and tourism. Fair Board President Martha Roberts accepted the plaque and expressed her thanks to everyone who helps to make the County Fair a success. A special “thanks” was extended to Senator Catharine Young for all the assistance received from her office. Mrs. Roberts spoke briefly on recent renovations on the Grandstands and Mini-Theater.
Chairman Crandall presented a certificate to James and Linda Makowski in recognition of their contributions to the Allegany County Fair. The 2009 Fair and Fair Book were dedicated to the Makowskis.
Chairman Crandall presented a certificate to Aaron Santangelo in recognition of his receiving the New York State Association of Agricultural Fairs and New York State Showpeople’s Association Annual Scholarship. Aaron spoke about the effects and influence FFA and 4-H programs have on youth in Allegany County. Allegany County Board of Legislators, Regular Session, 07/22/09 Page 2 of 10
United States Congressman Eric Massa was represented by Phillip Quinlan, who spoke briefly on the challenging times for farmers.
New York State Senator Catharine Young recognized Martha Roberts and the Fair Board for their efforts in making the Fair a success. Senator Young thanked Dan and Deb Dunham for sharing their son’s memory and expressed her appreciation for all he did for our country. The Senator spoke briefly about the first resolution on the Board’s agenda for this meeting, (Resolution Opposing NYS Senate Bill S.2247, the Farmworker Fair Labor Practices Act). Agriculture is struggling in New York State, and there are over one hundred new taxes included in the budget this year. Senator Young felt the results would be disastrous if this bill passes, as it will put a lot of farmers out of business.
New York State Assemblyman Daniel Burling was represented by Kate Hollis, who extended Assemblyman Burling’s regrets for not being able to attend the meeting, and relayed that he was in hopes that holding a Board meeting at the County Fair would become an annual event.
Special Counsel for the Attorney General’s Office Letizia Taliafierro spoke about their Outreach Program, and she offered an invitation to take advantage of the services they provide. The Attorney General’s Outreach staff has made presentations for Allegany County residents on important issues, for example: oil and gas lease meetings held in Wellsville and identity theft information meetings for veterans and senior citizens. Future meetings are being planned on “knowing your contractors.”
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. August 2009 Calendar of Board and Standing Committee meeting dates.
The following communications were also acknowledged:
1. The County Treasurer filed Certificates of Withdrawal of Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law in the Clerk of the Board’s Office on July 17, 2009.
2. Notification that the NYSAC Fall Conference will be held in Saratoga Springs from September 16 to 18, 2009. Anyone planning to attend should notify the Clerk of the Board by August 5, 2009.
3. NYS Department of Public Service Notice of Intent of Pennsylvania General Energy Company to construct a natural gas pipeline in the Town of Willing.
Allegany County Board of Legislators, Regular Session, 07/22/09 Page 3 of 10
4. Notice of Summer Youth Employment Program 2009 Open House at the Belmont BOCES Work Projects on July 29 from 1 to 3:15 p.m. All Legislators are invited to attend.
5. Notice of Greater Allegany County Chamber of Commerce Business After Hours Gathering at Pollywogg Holler on July 23 from 5:30 to 8 p.m.
6. News Release received from Southern Tier West Regional Planning & Development Board regarding their July 16 Board meeting.
7. Reminder of the Legislators’ Clambake on July 31: Money and any remaining tickets should be turned in to the Clerk of the Board’s Office as soon as possible.
8. Invitation for the Senior Picnic, hosted by the Office for the Aging, to be held on July 30, with a rain date of July 31, at the Allegany County Fairgrounds in Angelica.
PROCLAMATION:
(Chairman Crandall’s proclamation declaring August 1, 2009 as Jason Dunham Day in Allegany County was presented earlier in the meeting.)
RESOLUTIONS:
RESOLUTION NO. 118-09
RESOLUTION OPPOSING NEW YORK STATE SENATE BILL S2247, THE FARMWORKER FAIR LABOR PRACTICES ACT
Offered by: Ways and Means Committee
WHEREAS, Agriculture is a vital economic activity in New York State and Allegany County, and
WHEREAS, the Dairy Industry and its related business are essential to New York State and Allegany County financial stability, and
WHEREAS, the current price of milk is causing severe hardship for all of New York State and Allegany County Dairy Farmers, and
WHEREAS, New York State Senate Bill S2247, The Farmworker Fair Labor Practices Act, would further increase cost to the New York State Agriculture Industry, and
WHEREAS, it would make New York State and Allegany County Agriculture less competitive in both the Domestic and Foreign Markets, and
Allegany County Board of Legislators, Regular Session, 07/22/09 Page 4 of 10
WHEREAS, New York State and Federal Laws already provide adequate Farm Worker Protection, now, therefore be it
Allegany County Board of Legislators, Regular Session, 07/22/09 Page 5 of 10
RESOLVED:
1. That the Allegany County Board of Legislators opposes the passage of New York State Senate Bill S2247, The Farmworker Fair Labor Practices Act.
2. That the Clerk of this Board is directed to send a certified copy of this resolution to appropriate State Officials.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 13 Ayes, 1 No, 1 Absent Voting No: McCormick
Comments made regarding Resolution No. 118-09 included:
Legislator Ungermann opposed the referenced bill, because it should be a federal issue. If the federal government wanted to pass legislation so everyone was in the same boat, it would be much fairer. The bill encourages more foreign purchases and drives up costs.
Legislator McCormick stated that he is pro-farm, but the argument is not on the farmer, it’s on the farmworker. Opposing the bill will deny the worker overtime pay and disability insurance.
Legislator Hopkins responded that in opposing the proposed legislation, we are not denying overtime and disability insurance; it is up to the farmer to offer it. Employees are told up-front what they will be receiving when they are hired. This bill is just another way the government is telling us what we have to do. Mr. Hopkins noted that he has never seen milk prices this low compared to operating costs. The bill will put New York State at a competitive disadvantage with other states and will have a devastating effect on our County.
RESOLUTION NO. 119-09
DESIGNATING THE WELLSVILLE DAILY REPORTER AS SOLE OFFICIAL NEWSPAPER FOR THE PERIOD AUGUST 2, 2009 TO AUGUST 8, 2009
Offered by: Ways and Means Committee
WHEREAS, the Clerk of this Board was informed that the Cuba Patriot & Free Press, one of the official newspapers, will not be publishing during the period of August 2, 2009 to August 8, 2009, now, therefore, be it
RESOLVED:
1. Notwithstanding the provisions of Section 1 of Resolution No. 8-2009, the newspaper The Wellsville Daily Reporter is designated as the sole official newspaper to publish local laws, notices and other matters required by law to be published during the period of August 2, 2009 to August 8, 2009.
Allegany County Board of Legislators, Regular Session, 07/22/09 Page 6 of 10
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Russo 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 120-09
ABOLISHING NINETEEN POSITIONS IN THE DEPARTMENT OF HEALTH DUE TO THE SALE OF THE CERTIFIED HOME HEALTH CARE AGENCY AND LONG TERM PROGRAMS
Offered by: Human Services Committee
WHEREAS, due to the sale of the Certified Home Health Care Agency and Long Term Programs it is necessary to abolish nineteen positions in the Allegany County Department of Health, now, therefore, be it
RESOLVED:
1. That the following positions are abolished in the Allegany County Department of Health: two positions of Supervising Public Health Nurse; four positions of Registered Nurse; ten positions of Public Health Nurse; two positions of Medical Records Computer Operator; and one position of Account Clerk Typist.
2. This resolution shall take effect immediately.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 120-09 included: Legislator Ungermann questioned what portion of the 2008 year-end surplus could be attributed to the sale of the Home Health Care Program. County Administrator John Margeson replied that it was an estimated 13 percent or $1.2 million, and it was a one-time surplus.
RESOLUTION NO. 121-09
CHANGING ACCOUNT CLERK TYPIST POSITION IN HEALTH DEPARTMENT CHILDREN WITH SPECIAL NEEDS DIVISION FROM FULL-TIME TO PART-TIME
Offered by: Human Services Committee
RESOLVED:
1. That the position of Account Clerk Typist in the Health Department Children with Special Needs Division is changed from full-time to part-time.
2. This resolution shall take effect immediately.
Allegany County Board of Legislators, Regular Session, 07/22/09 Page 7 of 10
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 122-09
APPOINTMENT OF ONE COUNTY FARM BUREAU APPOINTEE TO THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD
Offered by: Public Works Committee
Pursuant to Soil and Water Conservation District Law §§ 6 and 7
RESOLVED:
1. That Phil May is appointed to the Allegany County Soil and Water Conservation District Board, as County Farm Bureau Appointee, to fill the vacancy due to the resignation of Mark Bainbridge, commencing July 1, 2009 and expiring December 31, 2009.
Moved by: Mr. Fanton Adopted: Voice Vote Seconded by: Mr. Hopkins
RESOLUTION NO. 123-09
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR STATE ASSISTANCE FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM AND AUTHORIZING SIGNING OF THE ASSOCIATED STATE CONTRACT UNDER THE APPROPRIATE LAWS OF NEW YORK STATE
Offered by: Public Works Committee
WHEREAS, the State of New York provides financial aid for household hazardous waste programs, and
WHEREAS, the County of Allegany herein called the Municipality, has examined and duly considered the applicable laws of the State of New York and the Municipality deems it to be in the public interest and benefit to file an application under these laws, and
WHEREAS, it is necessary that a Contract by and between the People of the State of New York, herein called the State, and the Municipality be executed for such state aid, now, therefore, be it
Allegany County Board of Legislators, Regular Session, 07/22/09 Page 8 of 10
RESOLVED:
1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.
2. That the Chairman of the Board or his designee is directed and authorized as the official representative of the Municipality to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State.
3. That the Municipality agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs.
4. That five (5) Certified Copies of this Resolution be prepared and sent to the NYSDEC together with a complete application.
5. That this resolution shall take effect immediately.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Pullen 13 Ayes, 1 No, 1 Absent Voting No: Truax
RESOLUTION NO. 124-09
TRANSFER OF FUNDS WITHIN OFA – E.I.S.E.P. ACCOUNTS
Offered by: Human Services Committee
RESOLVED:
1. That the sum of $6,400 is transferred as follows: $5,000 from Account No. A6778.4 to Account No. A6778.1 and $1,400 from Account No. A6778.4 to Account No. A6778.8.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent
Resolution Intro. No. 135-09 (Transfer of Funds from Fire Prevention and Control Contractual Expenses Account to Probation Equipment Account) was amended on a motion made by Legislator Dibble, seconded by Legislator Truax and carried, to change the title to “Transfer of Funds within Probation Account.”
Allegany County Board of Legislators, Regular Session, 07/22/09 Page 9 of 10
RESOLUTION NO. 125-09
TRANSFER OF FUNDS WITHIN PROBATION ACCOUNT
Offered by: Public Safety Committee
RESOLVED:
1. That the sum of $7,378 is transferred from Account No. A3140.4 to Account No. A3140.2, to purchase a new server and printer.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 126-09
APPROVAL OF TRANSPORTATION OF PRESCHOOL CHILDREN WITH HANDICAPPING CONDITIONS AGREEMENTS WITH FIFTEEN CENTRAL SCHOOL DISTRICTS AND AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENTS
Offered by: Human Services Committee
WHEREAS, fifteen central school districts have agreed to provide transportation for County preschool children with handicapping conditions, now, therefore, be it
RESOLVED:
1. That each Agreement titled “Agreement Concerning the Transportation of Pre- School Children with Handicapping Conditions” for the period July 1, 2009 to June 30, 2010, 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 is approved.
2. The Chairman of this Board is authorized to execute all such Agreements.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 13 Ayes, 1 No, 1 Absent Voting No: Kruger
Comments made regarding Resolution No. 126-09 included: Legislator Kruger stated that the expenses for this program should be paid by the Education Department and not placed on the backs of the taxpayers. Legislator Ungermann questioned why the County was involved at all when it should be a local school district issue. Legislator Pullen noted that it was another example of New York State telling us what to do without providing the funding, but this has proven to be the most cost-effective method of providing the service because the Allegany County Board of Legislators, Regular Session, 07/22/09 Page 10 of 10 schools are already equipped with the buses and personnel. Legislator Truax commented that the program is mandated. This agreement was originally suggested by former District II Legislator Lee Frair and has saved the County millions of dollars over the past sixteen years.
RESOLUTION NO. 127-09
ACCEPTANCE OF FUNDING FROM THE NEW YORK STATE CRIME VICTIMS BOARD; SETTING SALARY OF CRIME VICTIMS COORDINATOR; APPROPRIATION OF SAME TO DISTRICT ATTORNEY ACCOUNTS
Offered by: Public Safety, Personnel, and Ways and Means Committees
RESOLVED:
1. That funding in the amount of $97,989 from the New York State Crime Victims Board for the period October 1, 2009 through September 30, 2012, is accepted.
2. That the annual appropriation of $32,101 shall be appropriated for 2009 as follows: $27,500 to Account No. A1165.1 and $4,601 to Account No. A1165.4
3. That the position of Crime Victims Coordinator shall remain filled only for so long as such position is fully funded by State, Federal, or other grant-in-aid.
4. That the salary of the Crime Victims Coordinator is set at $27,500 effective October 1, 2009.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Reynolds 14 Ayes, 0 Noes, 1 Absent
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 Reynolds, seconded by Legislator Truax and adopted on a roll call vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $1,631,689.18 including prepaid expenses, be approved for payment as recommended by the County Administrator (opposed: Burdick). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $4,713,769.)
ADJOURNMENT:
The meeting was adjourned at 3:17 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION AUGUST 10, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Donald J. Cinque, former United States Army Reserve Sergeant 1st Class.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 15 Present; 0 Absent.
APPROVAL OF MINUTES:
The Board meeting minutes of July 13, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried.
The Board meeting minutes of July 22, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Donald J. Cinque, former United States Army Reserve Sergeant 1st Class, in grateful appreciation of his service to our Country. Mr. Cinque served from September 1965 to November 2002 in the United States Navy and United States Army Reserve. Following Basic Training in San Diego, California, his duty stations included the USS Ajax, USS Tillamock, and USS Mahopac, and he was involved in the Vietnam War. Among the commendations Mr. Cinque received were: Army Service Ribbon, Vietnam Service Medal, Non-Commissioned Officer’s Leadership Training Award, and Army Achievement Medal. Mr. Cinque led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall presented a certificate to the August 2009 Employee of the Month, Susan Hunter from the Health Department, in recognition of her hard work and dedication to the County.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Report of Intrafund Transfers approved by the County Administrator in July.
Allegany County Board of Legislators, Regular Session, 08/10/09 Page 2 of 12
2. Report of Tax Bill Corrections approved by the County Administrator in July.
3. The Allegany County Mutual Self-Insurance Plan’s 2010 Budget, together with the apportionment of costs of the Budget to the County, Towns, and Villages of Allegany County.
The following communications were also acknowledged:
1. Notice of next InterCounty Association meeting to be hosted by Schuyler County at the Watkins Glen Harbor Hotel on August 21.
2. Correspondence from Assemblyman Daniel Burling acknowledging receipt and support of Allegany County Resolution No. 118-09 opposing the New York State Senate Bill S.2247, The Farmworker Fair Labor Practices Act.
3. Correspondence from Robert van der Horst of Cuba regarding the proposed location of the new Courthouse addition.
4. Correspondence from Mark Kukuvka from LaBella Associates responding to Mr. van der Horst’s letter.
5. Southern Tier West Regional Planning and Development Board minutes from July 16, 2009.
6. Notice of the Allegany County Youth Court Kickball Tournament to be held on August 15 at the Genesee Valley School at 10 a.m.
7. It was announced that there will be a Committee of the Whole meeting after the Board meeting on August 24.
PROCLAMATION:
Chairman Crandall proclaimed the week of August 2 through 8, 2009, as Breastfeeding Week in Allegany County in a proclamation that he read at the annual WIC picnic on August 4.
RESOLUTIONS:
RESOLUTION NO. 128-09
REPEAL OF RESOLUTION NO. 85-2009; ACCEPTANCE AND APPROPRIATION OF FUNDS UNDER THE 2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
Offered by: Public Works and Ways and Means Committees
Allegany County Board of Legislators, Regular Session, 08/10/09 Page 3 of 12
WHEREAS, Resolution No. 85-2009 incorrectly noted the source of funding for a County highway project, and
WHEREAS, the funds identified in that resolution were not part of a Marchiselli-Aid Project, but instead were for a Project under the 2009 American Recovery and Reinvestment Act (ARRA) Program for the resurfacing of 7.25 miles of Allegany County Road 12 from the Village of Alfred line to State Route 417 in the County of Allegany, now therefore, be it
RESOLVED:
1. That Resolution No. 85-2009 is hereby repealed.
2. That funding in the amount of $800,000 through the ARRA is hereby accepted with the sum of $800,000 appropriated to Account No. D5112.230 (County Road Fund- Paving) with a like sum placed in Revenue Account No. D11.4589.STIM.
3. That the resurfacing project as described above is approved.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Reynolds 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 129-09
RECLASSIFICATION OF ACCOUNT CLERK TYPIST TO SENIOR ACCOUNT CLERK TYPIST IN THE COUNTY CLERK’S OFFICE
Offered by: Personnel Committee
RESOLVED:
1. That one position of Account Clerk Typist is reclassified to Senior Account Clerk Typist.
2. This resolution shall take effect on August 11, 2009.
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Truax 15 Ayes, 0 Noes, 0 Absent
(Memo: The reclassification approved by Resolution No. 129-09 was needed because the cashier duties from an abolished position were distributed between the Senior Recording Clerks and the pending Senior Account Clerk Typist. The Account Clerk Typist position needed to be upgraded to reflect the additional duties and responsibilities.)
Allegany County Board of Legislators, Regular Session, 08/10/09 Page 4 of 12
RESOLUTION NO. 130-09
A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2007, 2008 AND 2009 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 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.
Allegany County Board of Legislators, Regular Session, 08/10/09 Page 5 of 12
4. That the Tax Collector of the Town of Belfast is ordered and directed to correct in the 2007, 2008 and 2009 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Histed, John & Beryl; Parcel 105.-1-40.1 Assessment: Land $3,900 Total $3,900 (Years 2007 and 2008) Assessment: Land $6,300 Total $6,300 (Year 2009) this parcel was deleted from the roll, and the County Treasurer is directed to make the following charges on her books:
2007 2008 2009
Allegany County $63.29 $78.08 $107.75 Town of Belfast 50.39 51.68 78.44 School Relevy 86.58 94.10 127.78 Total $200.26 $223.86 $313.97
5. That the Tax Collector of the Town of Scio is ordered and directed to correct in the 2007, 2008 and 2009 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Forestlands, Inc.; Parcel 237.-1-40 Assessment: Land $7,190 Total $7,190 this parcel was deleted from the roll, and the County Treasurer is directed to make the following charges on her books:
2007 2008 2009
Allegany County $133.20 $142.60 $145.12 Town of Scio 83.84 88.43 94.22 School Relevy 267.24 252.77 258.05 Total $484.28 $483.80 $497.39
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, 2010. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2010. Allegany County Board of Legislators, Regular Session, 08/10/09 Page 6 of 12
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 131-09
ACCEPTANCE OF SECOND COMPONENT GRANT FUNDS FROM THE NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES FOR A CENTRALIZED PROPERTY TAX ADMINISTRATION PROGRAM (CPTAP) STUDY OF A COUNTY-WIDE ASSESSING PROGRAM; APPROPRIATION OF FUNDS
Offered by: Ways and Means Committee
RESOLVED:
1. That the accepted sum of $25,000 is appropriated to Account No. A1355.432 (Assessments – Contractual) with a like sum credited to Revenue Account No. A10.3089.1355 (Tax Assessment Grant).
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 15 Ayes, 0 Noes, 0 Absent
(Memo: The grant accepted by Resolution No. 131-09 is the second component of the Tax Assessment study that was completed in March 2009. The first portion was originally accepted by Resolution No. 62-08 and reappropriated for 2009 by Resolution No. 31-09. The total amount of the grant for the study was $50,000.)
RESOLUTION NO. 132-09
REAPPROPRIATION OF 2008 CALENDAR YEAR FUNDING FOR HIICAP AND SPOE GRANTS FROM NEW YORK STATE
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That HIICAP and SPOE grant funds in the amount of $16,200 not spent in calendar year 2008 are reappropriated as follows: $7,500 to Account No. A6782.1, $700 to Account No. A6782.8, $4,500 to Account No. A6787.1, and $3,500 to Account No. A6787.8, with a like sum credited to the following Revenue Accounts: $8,200 to Revenue Account No. A11 4772.06, and $8,000 to Revenue Account No. A10 3772.6787.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
Allegany County Board of Legislators, Regular Session, 08/10/09 Page 7 of 12
RESOLUTION NO. 133-09
ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS
Offered by: Ways and Means Committee
WHEREAS, a check in the amount of $323.95 representing the full cost to replace a passenger side window on a County vehicle has been offered by NYMIR in settlement for such property damage, now, therefore, be it
RESOLVED:
1. That the amount of $323.95 from NYMIR representing the cost of replacing a passenger side window on a County vehicle that was broken while sitting in the Allegany County Jail parking lot on or around June 10, 2009 is accepted.
2. That the accepted sum of $323.95 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680.00 (Risk Retention – Insurance Recovery).
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hall 15 Ayes, 0 Noes, 0 Absent
(Memo: The County vehicle that was referred to in Resolution No. 133-09 was a Health Department 2005 Ford Focus.)
RESOLUTION NO. 134-09
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 due to increased funding for Federal and State Programs, certain appropriations and revenues should be increased, now, therefore, be it
RESOLVED:
1. That the Office for the Aging Accounts are increased a total of $13,968 as follows: $3,077 to Account No. A6772.4, $3,718 to Account No. A6779.4, $6,160 to Account No. A6784.1, and $1,013 to Account No. A6784.8, with a like sum credited to the following Revenue Accounts: $3,077 to Revenue Account No. A11 4772.00, $3,718 to Revenue Account No. A10 3772.01, and $7,173 to Revenue Account No. A11 4772.08.
Allegany County Board of Legislators, Regular Session, 08/10/09 Page 8 of 12
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 135-09
ACCEPTING AND APPROPRIATION OF ADDITIONAL FEDERAL WIA FUNDING THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT
Offered by: Ways and Means Committee
RESOLVED:
1. That the sum of $182,700 of additional federal WIA funding through the American Recovery and Reinvestment Act is accepted.
2. That the accepted sum of $182,700 is appropriated as follows: $14,000 to Account No. CD16401.4, $14,000 to Account No. CD16402.1, $48,000 to Account No. CD16402.4, $6,800 to Account No. CD16402.8, $10,000 to Account No. CD16406.1, $68,000 to Account No. CD16406.4, $4,900 to Account No. CD16406.8, and $17,000 to Account No. CD1A6407.4, with a like sum credited to Revenue Account No. CD1 11.4789.STIM.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 136-09
ACCEPTING AND APPROPRIATING FUNDS FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT TO OFFICE FOR THE AGING ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $15,112 in federal funding to Office for the Aging Nutrition Program for the Elderly-Congregate and Home Delivered Meals is accepted.
2. That the accepted sum of $15,112 is appropriated as follows: $15,112 to Account No. A6772.4, with a like sum credited to Revenue Account No. A11 4789.OFAS.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
Allegany County Board of Legislators, Regular Session, 08/10/09 Page 9 of 12
RESOLUTION NO. 137-09
TRANSFER OF FUNDS FROM SHARED SERVICES ACCOUNT TO CLERK OF THE LEGISLATIVE BOARD ACCOUNT AND WITHIN LEGISLATIVE BOARD ACCOUNT
Offered by: Ways and Means Committee
RESOLVED:
1. That the sum of $692 is transferred from Account No. A1670.415 (Central Service Printing) to Account No. A1040.101 (Clerk of the Legislative Board – Personnel).
2. That the sum of $482 is transferred from Account A1010.405 (Legislative Board - Conference Expense) to Account No. A1010.101 (Legislative Board – Personnel).
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hall 15 Ayes, 0 Noes, 0 Absent
(Memo: The transfers approved by Resolution No. 137-09 were necessary to cover expenses through year-end, including the extra actual work day in 2009 that isn’t accounted for on the payroll system - 261 work days as opposed to 260.)
RESOLUTION NO. 138-09
TRANSFER OF FUNDS BETWEEN CAPITAL PROJECT ACCOUNTS
Offered by: Public Works and Ways and Means Committee
RESOLVED:
1. That the sum of $31,655 is transferred from Account No. H5801.200 (BR #19- 01, CR24, Grove) to Account No. H5800.200 (BR #04-20, CR32, Almond).
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Reynolds 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 139-09
ACCEPTANCE OF FIRST TRANSIT PROPOSAL AND APPROVAL OF A THREE-YEAR 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
Allegany County Board of Legislators, Regular Session, 08/10/09 Page 10 of 12
Pursuant to County Law § 224 (6)
WHEREAS, companies were solicited to submit proposals for providing public transportation services in Allegany County, and
WHEREAS, First Transit, our current public transportation provider, submitted the only proposal for such transportation services, and
WHEREAS, First Transit submitted the following proposals: $773,512 minus fare box for August 1, 2009 to July 31, 2010, $796,818 minus fare box for August 1, 2010 to July 31, 2011, and $819,796 minus fare box for period August 1, 2011 to July 31, 2012, now, therefore, be it
RESOLVED:
1. That the proposal of First Transit to provide public transportation services in Allegany County is accepted.
2. That a three-year Agreement between the County of Allegany and First Transit in relation to providing public transportation services in Allegany County is approved.
3. That the Chairman of this Board is authorized to execute said Agreement upon the review and approval of the County Attorney.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Reynolds 14 Ayes, 1 No, 0 Absent Voting No: Kruger
(Memo: The agreement approved in Resolution No. 139-09 includes terms as specified within the resolution, as well as a termination clause for either party based on a 90-day written notice. Due to recent efforts to maximize state aid for rural transit programs, the local fiscal impact is expected to be minimal and is forecasted at $0 to $50,000.)
Comments made regarding Resolution No. 139-09 included the following:
Legislator Kruger stated that he did not support the resolution because there was no maximum fiscal impact indicated within the resolution itself; therefore, there would be no limit to what the taxpayers would have to bear to fund the transit system. A few years ago, we discovered the system that wasn’t supposed to require any local funding was costing us close to $400,000 annually. Mr. Kruger noted that he felt the transit system was a good thing, but he did not like the way the package was put together. He recognized the effort put forth to improve the system, but his “no” vote is based on the fact that there is no protection for the taxpayers to limit the cost.
Legislator Dibble commended the efforts of the Transportation Task Force, and he noted that the system is being changed to the point where it possibly will cost nothing in the Allegany County Board of Legislators, Regular Session, 08/10/09 Page 11 of 12 coming years. The routes are being changed, and signage and advertising are being developed to increase ridership.
Legislator Hall commented that since the Board learned of the high local cost to subsidize the transit system, efforts made by the Task Force have resulted in some significant changes which greatly decreased the County share. Some of those changes involved increasing ridership and hiring a manager, and by supporting the agreement, we can continue to make changes. First Transit has actively participated in the Transportation Task Force since the beginning, contributing to the changes, and has been very supportive. We need to develop a strong transportation system to provide better service at less cost.
Legislator O’Grady agreed with Legislators Hall and Kruger, but also questioned if there was a way to set a maximum amount that the County would have to pay to subsidize the transit system. Last year the local cost had been reduced to $85,000. Mr. O’Grady noted that although we may be moving forward toward eliminating the County’s subsidy, he’d like some insurance that it doesn’t slide back the other way.
Legislator Fanton commented that real progress has been made to reduce the County’s cost, and the agreement has a 90-day termination clause. If costs go in the other direction, Mr. Margeson will bring it to the Board’s attention right away.
First Transit District Manager Jim Gorman commented that when the steering committee was formed three years ago, their mandate was to reduce costs by at least ten percent. They have reduced it almost completely when considering the additional grants and stimulus money brought into the County that have more than offset costs. They have also been able to coordinate with other agencies to provide more service than before when the County cost was higher. The goal is to leverage federal and state money into the County that is available because they are willing to coordinate with other service providers. This concept of agencies sharing revenue and resources had not been done previously, and Allegany County has been recognized on the state and federal levels for our accomplishments. The Board’s endorsement of the agreement will allow them to continue to move forward to make the County’s transportation system a model for others to follow.
Rural Health Network Executive Director Carrie Whitwood remarked that we’ve come a long way in the past three years, and we’re picking up speed. There’s also a ripple effect with the savings. Arc transportation has now gone public, which is generating STOA dollars. This enables some Medicaid riders to be placed on public transportation to reduce Medicaid costs for the County. We will see savings and cost sharing in many aspects of the system.
Chairman Crandall noted that at first, the County was just a pass-through for the transit system funding. Then the local share became an issue. We’re working toward the system not costing anything to County taxpayers. There is a 90-day termination clause in the contract. From the taxpayers’ standpoint, monitoring of the program’s local share cost is one of the most important parts.
Allegany County Board of Legislators, Regular Session, 08/10/09 Page 12 of 12
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 Legislator Truax, seconded by Legislator Pullen and adopted on a roll call vote of 14 Ayes, 1 No, 0 Absent, that the audit of claims, totaling $5,086,923.50 including prepaid expenses, be approved for payment as recommended by the County Administrator (opposed: Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $5,011,387.)
COMMENTS:
Legislator Ungermann questioned the process for supporting other counties’ resolutions that we receive on relevant issues, such as a recent one from Fulton County concerning anti-gun owner legislation or another from Schoharie County on the state taking back the local share of Medicaid as a form of true Medicaid reform. Legislator Reynolds responded that in the past, we have relied on NYSAC to take our concerns to Albany, but the Board can certainly support these other causes. Legislator Dibble noted that we have done other supporting resolutions on Medicaid reform in the past, but maybe it’s time to push it again. Chairman Crandall commented that resolutions from other counties are distributed to all legislators. Sometimes there are some referred to a particular committee, and if anyone feels strongly about one, they can take it to the appropriate committee, committee chairman, or the Clerk of the Board. In addition, a lot of the requests are forwarded on to NYSAC and the InterCounty Association of Western New York, which is 19 counties strong now.
Legislator Pullen commented that during the Ways and Means Committee meeting, Commissioner of Social Services Patricia Schmelzer reported that the state will be sending out $200 checks to the households of every child receiving food stamps and public assistance, although nothing will be sent to those working and paying taxes and carrying the load. Mr. Pullen noted that he is not against help being given to those on Public Assistance; however, at a time when the state is running huge deficits, they are again giving money away with nothing being done to relieve taxpayers in paying for Medicaid. He is not against supporting Medicaid reform legislation, but nothing we do seems to stop them or change the way they are doing things. Albany is out of control.
Legislator Dibble noted that he was honored to be in Bath, Maine for the christening of the USS Jason Dunham. When we remember Jason, we can be thankful for what he did for the freedom of our country.
ADJOURNMENT: The meeting was adjourned at 2:45 p.m. on a motion made by Legislator Truax, seconded by Legislator Reynolds and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION AUGUST 24, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by David R. Haugh, former United States Air Force Chief Master Sergeant.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 13 Present; 2 Absent (Legislators Fanton and Truax).
APPROVAL OF MINUTES:
The Board meeting minutes of August 10, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Hopkins and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to David R. Haugh, former United States Air Force Chief Master Sergeant, in grateful appreciation of his service to our Country. Mr. Haugh’s service dates were from August 1978 to August 2008. Following Basic Training at Lackland Air Force Base in Texas, Mr. Haugh was stationed at various bases throughout the United States including Alaska, and overseas duty included Panama, Okinawa, and Uzbekistan. Mr. Haugh was involved in Operation Enduring Freedom from December 2004 through March 2005. Among the many commendations he received were the Meritorious Service Medal with four oak leaf clusters, Air Force Commendation Medal with two oak leaf clusters, and Air Force Achievement Medal, just to name a few, and by the time Mr. Haugh retired, he had achieved the ranking of E-9. Mr. Haugh led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
REMARKS FROM THE FLOOR OF THE LEGISLATIVE CHAMBERS BY CHAIRMAN CURTIS CRANDALL, IN CONJUNCTION WITH THE DISTRIBUTION OF THE COURT FACILITIES INFORMATIONAL PACKAGE:
Why are we doing a Courthouse project now? What happens if we fail to comply with the State’s demands? What are the main reasons we are not in compliance? Why has it taken so long for Allegany County to address this? Allegany County Board of Legislators, Regular Session, 08/24/09 Page 2 of 26
Why can’t we convert the former County Jail area for Court use? What gives the State the right to reject our proposals? Is it true that Allegany County is the last county in the state to deal with the Court issue? Why should we have to deal with this now? We can’t afford a project like this.
I have taken the floor today to address my colleagues, the press, invited guests, department heads, and others present to announce and distribute information about the Allegany County Courthouse Project.
I have the good fortune to spend a lot of time in and around Allegany County visiting with people from all areas of our County, from a variety of backgrounds, and from all walks of life. This time of year seems an especially good time for good conversation and meeting people at many of the fairs, festivals, picnics, and other activities that go on during the summer months.
The questions I just asked are only a few that have come up in regard to the Courthouse Project which has taken up much of this Board’s time and efforts over the last four years. It has not only taken up many hours and days’ worth of meeting time, but has entered its way into our conversations with family, friends, and neighbors, as I believe it should. After all, the project that we have spent so much time and effort on is a major investment for the taxpayers of Allegany County. One common thread in each of the conversations I have had about the Courthouse is a lack of facts and understanding from the people I talk to. It’s not that they don’t care, can’t comprehend, or don’t want to know. I believe for the most part it’s a matter of taking the time to research factual information – information that is not editorialized, that doesn’t lean my way or your way, left or right, right or wrong – just the facts.
As factual information has been distributed about the Courthouse, it hasn’t exactly made the Allegany County best-seller’s list for exciting reading. The Court Facilities Committee distributed leaflets, put information up on the County web site, posted an e-mail address to submit questions, and gave a number to call for more information. The questions I read as I began were taken from these informational pamphlets, which contained answers to each of them. They were posted online, given to the press, and I personally distributed many myself. Some people would take this information and say, “Thank you, this will help answer some of the questions I have,” and some may have not said it out loud, but thought, “They are only giving me one side of the story, they are not sharing all the information they have on this.”
Before I speak about the many volumes of information and all of the three-ring binders, drawings, studies, and papers stacked in front of the dais today, I would like to take just a moment to reflect on some facts about the Courthouse Project.
In 1976, the Office of Court Administration, better known to us now as OCA, was created as the oversight office for the Court System. The State took over the major portion of court administration costs, including personnel and expenses, resulting in significant savings to localities. Responsibility for providing adequate facilities for the courts remained with municipalities. Allegany County Board of Legislators, Regular Session, 08/24/09 Page 3 of 26
In 1987, the Court Facilities Act was adopted. In the eyes of those who supported this legislation at the time, the counties and cities of New York State weren’t using the financial savings created by the takeover of court expenses to maintain and improve the court facilities as intended, so a law making them do so was passed. In this Court Facilities Act, a Capital Review Board was established as an independent body, representing all three branches of government. Each county and city was to submit a capital plan evaluating and assessing their court facilities. If found inadequate, they were required to develop a plan to remedy the situation; the plan would then be approved or rejected. Failure to comply with this Act would result in the sanctioning or withholding of funds from New York State to the municipality.
Allegany County has a long-standing history of failing to comply or fulfill obligations set forth in the Court Facilities Act of 1987. In fact we hold the record as the last county in New York State to comply. Many counties that remodeled or expanded their court facilities early on are now facing a second round of upgrades to comply with this Act. The functions of the courts have not just changed and outgrown facilities since the 1930s when our Courthouse was built, but they have significantly changed since the adoption of the Court Facilities Act of 1987 – not by choice from our local judicial system, but by state and federal law.
Over the past 22 years, Allegany County has not just ignored this legislation; as much as we may have tried, it just wouldn’t let us. In the early 1990s, time and effort was given to a plan to provide additional space to the Courts. The plan was submitted, and in 1995 the plan was rejected by OCA and the sanction process was initiated. In 1996, plans were started for new construction or modification of the existing Courthouse, and the sanction process was stayed. From 1997 to 2001, the project was on track, and the stay was extended. In 2001, the County shifted its plan to extend the Courts into the second floor of the County Office Building, where we stand today. In 2003, meetings were conducted, and promises of action were made to OCA. In 2004, Harry Brand of OCA met with the County Administrator to discuss renovations that would offer some relief to the Courts, relative to the construction of the new Jail Facility. In Fall of 2004, plans to extend the Courts were no longer a priority. In December of 2004, OCA once again advised Allegany County of its responsibilities and a sub-committee was to convene. In May 2005, there was some activity in regard to the Courts, and funds were appropriated for a study and to look at design options.
On June 26, 2006, William Clark, Council for Capital Planning for the Office of Court Administration, visited us here in the Chambers at a special Committee of the Whole meeting I had set up so we could hear first hand the position of OCA. Mr. Clark stated that this was his third visit to Allegany County in 2006, and that it was clear to OCA that nothing was being done, and no further delay would be tolerated.
He stated that the County’s Court Facilities’ deficiencies are severe and include the following:
The Courthouse does not comply with the Americans with Disabilities Act (ADA) and does not lend itself to renovations that would allow compliance. Allegany County Board of Legislators, Regular Session, 08/24/09 Page 4 of 26
The Courthouse lacks appropriate attorney-client conference space. Such conferences currently occur in the hallways and lobbies of the Courthouse, which also serve as the only waiting areas for the public. The Courthouse lacks adequate secure storage space. The Court lacks appropriate office and testing facilities for the recently established Drug Court staff and lacks appropriate space for the soon-to-be-established Integrated Domestic Violence Court and staff. The existing facility does not currently provide sufficient space for the assembly of prospective jury panels. The building layout does not allow for the proper deployment of security personnel. Judges must use the public corridors when traveling to their Courtroom. The Courthouse lacks appropriate Courtroom space for the Judicial Hearing Officer and Support Magistrate, who conduct their proceedings in the Legislative Chambers, Jury Room, or Law Library. Court security equipment is currently located at the top of the stairs, resulting in unacceptable and dangerous security queuing on the building’s stairway. Neither Chief Clerk has a private office. The existing facility’s building systems are unable to meet the needs of the Court. The HVAC system in particular is inadequate and in need of replacement.
Mr. Clark mentioned other issues as well, and he reiterated the County’s legal responsibilities, the Court Facilities’ serious inadequacies, the County’s failure to address the situation, and the Court Facilities Review Board’s advice and imminent sanctions. He offered the County his and Mr. Isenberg’s assistance in fulfilling its obligations.
At this meeting, as Chairman, I announced that I would form an ad-hoc committee to deal with only the Court issues. The committee would report back to the Board their recommendations relative to a capital plan. They would review existing information and formulate a plan to resolve the issue.
I think this recount of history and the facts I have just shared are very helpful in understanding the position and actions of this current Board of Legislators. It didn’t take a lot of research on my part to come up with this. In fact I plagiarized it all from one set of minutes. This is the type of information that sits before you, which I will distribute in a minute. To some it may seem boring, about as much fun as sitting and reading the phone book. They just want to know that as legislators, you and I have studied and understand the facts, and that we are making the best decision based on those facts. They don’t buy into conspiracy theories, and they know we are taxpayers as well, and they say, “Just do the right thing.” To others, this is exciting stuff. It is information that they feel starved for, but didn’t know where or how to get it. They will devour it and ask for more, not because they feel something is missing, or intentionally covered up or left out, but because they are the type of people that need to see and understand every detail possible about the subject at hand, and the big subject at the moment seems to be the Court Facilities.
Contained in the three-ring binders before you are around 300 pages of information – not editorial information, but copies – copies from meeting minutes, correspondence, studies, Allegany County Board of Legislators, Regular Session, 08/24/09 Page 5 of 26 and drawings. These represent only a fraction of the thousands of pages of information which exist on the subject of Court Facilities in Allegany County. “Why were only 300 pages selected for distribution,” you may ask, and to take it a step further, “Why these 300 pages? Is there something contained in the other thousands of pages that they don’t want me to see? This is like only one chapter out of a good mystery book, and I have to have more information.” And you might be thinking, “I see a lot of three-ring binders, but not enough to go around – not enough for everyone that needs one, let alone wants one.”
With a lead-in like that, I know what you’re thinking. “Crandall has come up with a plan. He is going to distribute only a few pages of some exciting Allegany County Courthouse Drama for free, then sell the rest of the story for a price and pay for the Courthouse renovations from the proceeds.” Not a bad idea.
However, I think this is a better idea: I am going to take these 100 binders and give one to each of the Legislators, one to each of the candidates running for a seat on the Legislature, one to each Town and Village Clerk to put on display, one to each of the 17 libraries in Allegany County, and one for each of our state elected officials. And like a good advertisement, I’m going to say, “But wait, that’s not all.”
In addition to the 100 three-ring binders full of information, which can be seen at your Library or Town or Village Clerk’s Office, you will get: All of this information online at www.alleganyco.com, or All of this information will be available on a CD for anyone who wants it by calling the Clerk of the Board of Legislators’ Office at 585-268-9222 and asking for it.
You may still be wondering about all that other information – all the stuff I have not put in these binders, online, or on CD. “How do I see the rest of the information – the thousands of pages of minutes, drawings, and studies. I want to see it all.”
For you, a Public Information Research Room is being set up. All of the documents will be available for you to sit and read at your leisure. This will be in the Clerk of the Board of Legislators’ Office, with a table and chairs for your convenience.
To end on a serious note for a serious matter that has occupied much of our time over the past four years, I would like to encourage the taxpayers of Allegany County to get the facts concerning the Courthouse Project that faces us. Work from official information that is not an editorial put together to spin this into something it’s not. I have done what I can to provide an easy means for those who care to do some research. To those who say, “Legislators, we have voted you into office to do the studying and research on our behalf. Do the right thing,” I say thank you for your trust in this Board of Legislators. We have been, and are, working to comply with a state law that has been a burden hanging over the head of our County for many years, a burden that we inherited, and through no choice of our own, we must deal with.
You know, there seems to be a lot of misinformation on the Court Facilities Project out there. An example is an e-mail I received a copy of on Friday. This e-mail says, and I quote: “That Allegany County Board of Legislators, Regular Session, 08/24/09 Page 6 of 26 the Court Facilities Committee has moved its next meeting from September 2 to August 24 to possibly hire the contractor that will begin the three-story addition to the back of the Courthouse and rip out 42 parking places. They rushed this date forward because people are getting organized against it. Their plans will be challenged in Court, but in addition we need to demonstrate that the voters don’t want it.” This truly bothers me. Over the weekend, I also heard that the information that is going to be handed out is information that, and I again quote: “Will be released on Monday.” This information is not being released; it has been compiled from open and public documents that are available to the public. The reason it has been compiled is to assist the general public in getting factual information.
I wish to thank the Clerk of the Board and her office for the extra efforts in compiling all of this data, and I look forward to speaking with anyone who wishes on Allegany County’s compliance with the Court Facilities Act of 1987.
Thank you. Curtis W. Crandall, Chairman Allegany County Board of Legislators
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. September 2009 Calendar of Board and Standing Committee meeting dates.
The following communications were also acknowledged:
1. Correspondence from Senator Catharine Young notifying us that Senate Bill 3813, which she introduced authorizing Allegany County to continue imposing an additional one and one-half percent sales and compensating use tax until November 30, 2011, was signed into law by the Governor.
2. Correspondence from the Cuba Village Board in support and recognition of the work being done by the Friendship Empire Zone.
3. Correspondence from DuLac Engineering, Inc., recommending that the proposed Courthouse addition be located no closer to the existing top of the riverbank than 50 feet.
4. Correspondence from the Law Office of David DiMatteo notifying us that the Town of Pike will be Lead Agency relative to 2009 Amendments to the Town of Pike Comprehensive Plan.
5. Correspondence from the Wellsville Community Outreach Team announcing a meeting to assess the walkability in the Village of Wellsville on October 2, from 9 a.m. to 4 p.m., at the David A. Howe Public Library.
Allegany County Board of Legislators, Regular Session, 08/24/09 Page 7 of 26
6. Correspondence from the ACCORD Corporation announcing their first Annual Golf Tournament at the Waterways Golf and Spa Resort on Sunday, September 13, 2009, beginning with registration at 9 a.m.
7. Correspondence from Alan Carlin, dated August 19, 2009, regarding the Court Facilities Project.
8. It was announced that the Committee of the Whole meeting scheduled for after this Board meeting has been cancelled.
APPOINTMENTS:
Chairman Curtis Crandall, in a joint measure with Cattaraugus County Legislative Board Chairman Crystal Abers, appointed Carrie Childs to fill the unexpired three-year term of John Francisco ending December 31, 2009, on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD.
RESOLUTIONS:
RESOLUTION NO. 140-09
AMENDING RESOLUTION NO. 118-67, AS AMENDED, TO IMPOSE ALLEGANY COUNTY SALES AND USE TAX AT THE RATE OF FOUR AND ONE-HALF PERCENT FOR THE PERIOD BEGINNING DECEMBER 1, 2009 AND ENDING NOVEMBER 30, 2011, AND THEREAFTER SAID RATE OF SALES AND USE TAX TO REVERT TO THREE PERCENT
Offered by: Ways and Means Committee
Pursuant to Article 29 of the Tax Law, and Chapter 140 of the Laws of 2009
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 as follows:
Section 1. Section 4-A of Resolution No. 118-67, as amended, is hereby amended to read as follows:
Section 4-A. Imposition of additional rate of sales and compensating use taxes
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 eleven. Such additional taxes shall be identical to the taxes imposed by such sections 2 and 4 and shall be Allegany County Board of Legislators, Regular Session, 08/24/09 Page 8 of 26
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 2. Paragraph (D) of Subdivision (1) of Section 11. of Resolution No. 118-67, as amended, is hereby amended to read as follows:
(1) (D) With respect to the additional tax of one and one-half percent imposed for the period beginning December first, two thousand four, and ending November thirtieth, two thousand eleven, in respect to the use of property used by the purchaser in this County prior to December first, two thousand four.
Section 3. This resolution shall take effect December first, two thousand nine.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 9 Ayes, 4 Noes, 2 Absent Voting No: Kruger, McCormick, Russo, Ungermann
(Memo: Increasing the sales tax rate requires Home Rule Legislation which is a process requiring the Board to approve three separate resolutions. On March 9, 2009, the Board approved Resolution No. 46-09, “Requesting State Legislative Representatives to Introduce and Seek Passage of Legislation Authorizing Allegany County to Continue the Additional One and One-Half percent County Sales Tax for Three Years.” On April 27, 2009, the Board approved Resolution No. 69-09, “Approval of a State Legislative Bill which Authorizes the Extension of Allegany County’s Additional One and One-Half Percent Sales and Use Tax until November 30, 2011; Declaring Existence of Necessity and Requesting Passage of Bill by State Legislature.” On July 15, 2009, we received notification from Senator Catharine Young’s office stating that Legislative Bills S3813 and A7462 passed the Senate and Assembly and were signed into law by the Governor [Chapter 140 of the Laws of New York 2009]. The third and final step requires passage of the resolution included above. Based on sales tax revenue receipts of $18,240,275 for 2008, the additional one and one-half percent sales tax resulted in $6,080,092 in revenue.)
Comments made regarding Resolution No. 140-09 included the following:
Legislator Kruger stated that he did not support the resolution. The Board has received letters from the Wellsville Chamber of Commerce urging us not to support the additional sales tax, and business owners that Mr. Kruger has spoken to are also against it. Mr. Kruger feels that it hurts the businesses and consumers in the County. There’s an argument that if we don’t collect the tax through sales tax, it reverts to property tax, but the people this affects the most, the business owners, feel that consumers would shop more in Allegany County if our sales tax was the same as surrounding counties. This could result in Allegany County Board of Legislators, Regular Session, 08/24/09 Page 9 of 26 even more sales tax revenue than we currently receive. Business owners would like an even playing field with their competitors in adjoining counties.
Legislator Ungermann questioned the process of amending a resolution from 1967. County Attorney Thomas Miner explained that was the original resolution increasing the County’s sales tax rate. This is the process that the legal staff at the Department of Taxation and Finance requires in order to put this into place. We go back to the original resolution and track it every time we extend the increase for another two-year period. Mr. Ungermann stated that he was in favor of the 1 percent additional County sales tax, but not the 1.5 percent. That extra half percent really makes a difference. We are not competitive with our neighbors. Cattaraugus County is at 8 percent, and Allegany County (at 8.5 percent) loses sales tax revenue because of that.
Legislator Hopkins noted that none of us is in favor of any type of tax, but when you look back to when the extra half percent went into effect, sales tax revenue went up $2 million. You don’t really lose business; you gain revenue. If you take that half percent off, you’re going to lose that $2 million. You might pick up a little more business, but that $2 million is a lot of money to make up. It would be equal to about 7.8 percent on your property taxes. Mr. Hopkins also pointed out that when he was Supervisor for the Town of Hume, there was a report generated that included the top ten property tax-paying entities in the town, and they were all businesses. So pushing the taxes back on the property taxes does affect the businesses. Sales tax spreads it over a larger base – non-business owners, students, and people visiting the County – they all help pay this tax burden.
Legislator Russo agreed with Mr. Kruger and Mr. Ungermann. He noted that when this comes up every couple years, it’s stated that if we don’t do this, property taxes will be affected. Property taxes are already being affected every time we do this. Mr. Russo has been contacted by business owners in the Wellsville and Andover area urging him not to support the additional sales tax increase. In this current economic climate, prices are increasing all the time. As the prices increase, the sales tax increases also, so consumers are already seeing sales tax increases every day. This isn’t a fair way to raise the revenue. There are other ways we have to look into to get this money.
Legislator Dibble commented that this is not a new tax, but the resolution keeps the sales tax rate as it has been. Mr. Dibble also stated that he felt sales tax is a fairer way to raise revenue than property tax.
Legislator O’Grady noted that the problem we have is that until we have a plan to eliminate some of our overhead, which means maybe going back to some gravel County roads and cutting services, this is the only way to deal with this. It’s easy to say that we have to make cuts, but the reality is, when you get down to it and start cutting services, you get complaints. It’s a no-win situation. Mr. O’Grady doesn’t like to pay the increased sales tax any more than anyone else. If the sales tax rate is decreased, people are not going to stop shopping in Hornell and Olean. The sales tax doesn’t have a lot to do with it. It has to do with the services provided by those areas. Until Allegany County can compete with those services, there’s not much choice. The increased sales tax rate is necessary at this point. Allegany County Board of Legislators, Regular Session, 08/24/09 Page 10 of 26
Legislator McCormick commented that the County collects the state sales tax, although the one-half percent is the issue here. He suggested that in the future, it might be a wise decision to share the revenue from the one-half percent, or the $2 million, with the townships, based on evaluations or some other way. Taxes aren’t generated equally across all the 29 towns. Mr. McCormick did not support the resolution.
RESOLUTION NO. 141-09
RESOLUTION APPROVING THE PROPOSED CERTIFICATE OF INCORPORATION AND CONSENTING TO THE FORMATION OF THE ALLEGANY COUNTY CAPITAL RESOURCE CORPORATION
Offered by: Ways and Means Committee
BE IT ENACTED by the Board of Legislators of Allegany County, New York, (the “County Legislators”) as follows:
WHEREAS, on January 31, 2008, Section 854 of the General Municipal Law, commonly referred to as the Civic Facilities Legislation (the “Law”), expired, and since the expiration of the Law, industrial development agencies have not been able to provide financial assistance to projects owned or operated by not-for-profit corporations (hereinafter referred to as “Civic Facility Projects”); and
WHEREAS, the ability to finance Civic Facility Projects with tax-exempt bonds has been a very important tool for the Allegany County Industrial Development Agency (the “Agency”), as the Civic Facility Projects undertaken by the Agency have increased employment opportunities for residents of Allegany County, New York and allowed local not- for-profit corporations to upgrade their facilities at the lowest possible cost; and
WHEREAS, local development corporations formed under the New York State Not- For-Profit Corporation Law (the “NFPCL”) are created to assist, among others, not-for-profit corporations that are undertaking projects that further any of the following purposes for which local development corporations are created: (1) relieving and reducing unemployment, (2) promoting and providing for additional and maximum employment, (3) bettering and maintaining job opportunities, (4) instructing or training individuals to improve or develop their capabilities for such jobs, (5) carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging the development of, or retention of, an industry in the community or area, and (6) lessening the burdens of government and acting in the public interest; and
WHEREAS, in furtherance of the public purposes set forth above, a local development corporation formed under the NFPCL is empowered to take the following actions: (1) to construct, acquire, rehabilitate and improve for use by others industrial or manufacturing plants in the territory in which its operations are principally to be conducted, (2) to assist financially in such construction, acquisition, rehabilitation and improvement, to maintain such Allegany County Board of Legislators, Regular Session, 08/24/09 Page 11 of 26 plants for others in such territory, (3) to disseminate information and furnish advice, technical assistance and liaison with federal, state and local authorities with respect thereto, (4) to acquire by purchase, lease, gift, bequest, devise or otherwise real or personal property or interests therein, (5) to borrow money and to issue negotiable bonds, notes and other obligations therefor, and (6) to sell, lease, mortgage or otherwise dispose of or encumber any such plants or any of its real or personal property or any interest therein upon such terms as it may determine to be suitable; and
WHEREAS, under the laws of the State of New York, capital resource corporations are permitted to issue tax-exempt bonds for the benefit of qualifying Civic Facility Projects; and
WHEREAS, in accordance with Section 1411(a) of the NFPCL, prior to forming a capital resource corporation, the Agency must obtain the County Legislators’ approval of the certificate of incorporation that will be used to form the local development corporation; and
WHEREAS, the Agency has prepared a proposed certificate of incorporation for review by the County Legislators and a copy of such proposed certificate of incorporation is attached hereto as Schedule A; and
NOW, THEREFORE, BE IT RESOLVED by the County Legislators as follows:
Section 1. The County Legislators authorize the Agency to form a capital resource corporation in accordance with Section 1411 of the NFPCL; provided, however, that any obligations issued by the local development corporation, and the premium (if any) and interest thereon, shall be special obligations of the capital resource corporation and shall never be a debt of the State of New York, Allegany County, New York or any political subdivision thereof (other than the capital resource corporation), and neither the State of New York, Allegany County, New York nor any political subdivision thereof (other than the capital resource corporation) shall be liable thereon.
Section 2. The County Legislators approve the form and substance of the certificate of incorporation presented at this meeting and attached hereto as Schedule A, all in substantially the form thereof presented to this meeting, with such changes, variations, omissions and insertions as the Chairman of the County Legislators shall approve.
Section 3. This Resolution shall take effect immediately.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 9 Ayes, 4 Noes, 2 Absent Voting No: Kruger, McCormick, Russo, Ungermann
Comments made regarding Resolution No. 141-09 included the following:
Legislator Kruger stated that in concept, a corporation like this could be beneficial for the County, but in its present form, he could not support approval of the proposed Certificate Allegany County Board of Legislators, Regular Session, 08/24/09 Page 12 of 26 of Incorporation. One of the provisions in Section 16 states that amendments require the “affirmative vote of two-thirds of the members of the Board of Directors of the Corporation and the consent of the Chairman of the County Legislators.” Mr. Kruger felt that since the certificate comes to the Board as a whole for approval, future changes should be considered by the entire Board instead of just the Chairman.
Legislator Reynolds questioned if the section Mr. Kruger referred to could be amended. County Attorney Thomas Miner responded that he wouldn’t recommend it. The agreement was prepared by the Industrial Development Agency’s counsel and they would need to study the ramifications of any changes. Legislator O’Grady questioned if it might be advisable to table the matter, or if there were time sensitivity issues. Chairman Crandall requested that IDA Director John Foels address the Board.
Industrial Development Agency Director John Foels explained that the purpose of the Capital Resource Corporation (CRC) is to allow the Industrial Development Agency to provide financial assistance for not-for-profit projects (hospitals, independent not-for-profit agencies, universities, etc). One in particular that is of concern right now is the Cuba Hospital and Assisted Living Campus. At this point, they are just waiting for the IDA. The creation of the CRC was done by Hodgson Russ Attorneys, in concert with New York State and the other 25 IDAs they represent, as a “Plan B” when it was discovered that the state wouldn’t re-enact the Civil Facilities Legislation. This is being done throughout the state. The five members of the IDA Board are appointed by the Board of Legislators and are responsible to the Legislature. The CRC is a transparent organization, the same as the IDA is, and any changes or amendments would be public information, and they would consult with the Legislature on that. This matter was discussed in Ways and Means a couple of weeks ago, and the document has cleared New York State, as well as several other counties in the state.
Legislator Kruger noted that every member on this IDA Board has historically worked hard toward the success of the County; however, he took Public Authorities Accountability Act training, and some of those instructors would question having just one person being able to approve changes in the corporation when it took the entire Legislature to approve its existence. Mr. Kruger stated that he is pro development in Allegany County, but he is also pro accountability.
Mr. Foels addressed timing sensitivity questions. The Cuba project does have a timing issue from a financial aspect, and that would be by the end of the year. Funding with a lender is already in place, and the ability to do the not-for-profit tax-exempt bonding would facilitate that moving forward.
Legislator Pullen noted that he could appreciate Mr. Kruger’s concern and referred to a historical precedent when the County lost control of another not-for-profit corporation that was intended to serve many of these same purposes. The solution appears in Sections 11 and 12 of the proposed Certificate of Incorporation, in that the Directors of the Corporation, who are also members of the IDA Board, serve at the pleasure of the entire Legislative Board. Section 16 pertaining to amendments is also subject to this Board having complete control over the entity, once it is established. There will never be a time when this Board will not Allegany County Board of Legislators, Regular Session, 08/24/09 Page 13 of 26 have the ability to say, “the pleasure that we had in your service has ended, and you are hereby removed.” That should be taken very seriously. Previous Boards, for whatever reasons, failed to do that or were not alert to those possibilities; the County did lose control, and it had significant impacts. Mr. Pullen would not support the agreement if the protection provided by Sections 11 and 12 was not there, but he feels confident we can proceed.
Legislator Ungermann remarked that perhaps the state is trying to tell us something. He read an excerpt from the law for the IDA, which included that “the purpose of the agency shall be to promote, develop, encourage, and assist in the acquiring, constructing, re- constructing, improving, maintaining, equipping, and furnishing industrial, manufacturing, warehousing, commercial, research, and recreational facilities, including industrial pollution and control facilities, educational or cultural facilities, railroad facilities, horseracing facilities, and continuing care retirement communities….” Mr. Ungermann questioned before the County’s entering into a lease agreement with the IDA, and now for the IDA to borrow money to build buildings to lease back to a government agency. People could say that government is an industry, but it does not generate tax revenue or real estate taxes. Does this give the IDA carte blanche to do that, or not? Mr. Foels agreed that Mr. Ungermann’s description of an IDA was accurate, and he then referred to a conversation with Attorney Dan Spitzer after the last Ways and Means Committee meeting when he was asked if it was legal for the IDA to pursue this development project on behalf of the County. Mr. Spitzer’s response was that he doesn’t allow his clients to do anything illegal. He looked at this as a development project for seniors, and it was perfectly legal and within the realm of the IDA’s efforts.
RESOLUTION NO. 142-09
AMENDING RESOLUTION NO. 259-06 AND RESOLUTION NO. 258-85 TO CHANGE THE EFFECTIVE DATE NEW HIRES NEED TO BE ADVISED THAT THERE IS NO COMMITMENT TO PROVIDE RETIREE HEALTH INSURANCE
Offered by: Personnel Committee
WHEREAS, the second paragraph of Resolution No. 259-06 had directed that all new employees hired after January 1, 2007 were to receive a letter that there is no commitment by the County of Allegany to continue health care benefits after their retirement, and
WHEREAS, sub-paragraph (3) of section 14. H. of Resolution No. 258-85 had also been added by Resolution No. 4-07 to provide the same notice as set forth above, and
WHEREAS, it appears that new hires entering service with Allegany County after January 1, 2007 did not in fact receive such a letter, and
WHEREAS, it appears that these new hires were mistakenly led to believe that they would be entitled to health care benefits upon retirement, now therefore, be it
RESOLVED:
Allegany County Board of Legislators, Regular Session, 08/24/09 Page 14 of 26
1. That paragraph 2. of Resolution No. 259-06 is hereby amended to read as follows:
That all new employees hired after January 1, 2010 will receive a letter stating there is currently no commitment by the County of Allegany to continue health care benefits after their retirement.
2. That sub-paragraph (3) of section 14. H. of Resolution 258-85 is also hereby amended to read as follows.
That all new employees hired after January 1, 2010 will receive a letter stating there is currently no commitment by the County of Allegany to continue health care benefits after their retirement.
3. That this resolution shall take effect immediately.
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Pullen 12 Ayes, 1 No, 2 Absent Voting No: Kruger
Comments made regarding Resolution No. 142-09 included the following:
Legislator Ungermann pointed out that not following through on a resolution adopted in 2006 resulted in costs of several hundreds of thousands of dollars over time for the County.
Legislator Kruger commented that this has an effect on terms and conditions of employment regarding on-going union negotiations, and it should be subject to negotiation. It will probably save the taxpayers money, but we’re skipping some steps along the way. There seems to be two levels of benefit, one for labor and one for management. Everyone’s health is as valuable as everyone else’s, and there should only be one agreement. Mr. Kruger would not support this resolution or the next one.
Supporting documentation for Resolution Intro. No. 153-09 (Resolution Approving the Decision Outline for Allegany County Department Heads, Non-Unit Employees, and Legislators Health Insurance; Defining Years of Service for Purposes of Proposed Employee Health Insurance Contributions; Authorizing Payment of Fee to NOVA Health Care to Complete Summary Plan Description) was amended on a motion made by Legislator Hall, seconded by Legislator Dibble and carried, to change No. 4, Confirm start date for proposals, from October 1, 2009 to January 1, 2010.
RESOLUTION NO. 143-09
RESOLUTION APPROVING THE DECISION OUTLINE FOR ALLEGANY COUNTY DEPARTMENT HEADS, NON-UNIT EMPLOYEES AND LEGISLATORS Allegany County Board of Legislators, Regular Session, 08/24/09 Page 15 of 26
HEALTH INSURANCE; DEFINING YEARS OF SERVICE FOR PURPOSES OF PROPOSED EMPLOYEE HEALTH INSURANCE CONTRIBUTIONS; AUTHORIZING PAYMENT OF FEE TO NOVA HEALTH CARE TO COMPLETE SUMMARY PLAN DESCRIPTION
Offered by: Personnel Committee
WHEREAS, Allegany County has carefully considered a proposal from its health insurance consultants, Manning & Napier Benefits, LLC, concerning a modification of its existing health insurance plan as it relates to certain County employees and County officials; and
WHEREAS, Allegany County is anxious to finalize its health insurance plan relative to that group of employees so as to have the new plan take effect as of January 1, 2010, now, therefore, be it
RESOLVED:
1. Subject to modifications hereafter noted and finalization of the new health insurance plan, the “Allegany County Department Heads, Non-Unit & Legislators Decision Outline Updated 7/24/09” is hereby approved.
2. That the “Contribution Strategy” set forth in the Decision Outline is clarified to provide that for any Department Head or Non-Unit employee who decides to remain in their current plan, contributions will be determined by their years of service calculated as of January 1, 2010. Any service beyond that date will not result in a subsequent reduction in the percentage contribution required. Each five-year block of service will be calculated based upon years of service for each five-year block of service plus an additional day.
3. That any required contributions are not fixed dollar amounts but are percentages of the premium equivalent which shall increase as premiums increase.
4. That the sum of $5,000 is approved for payment to NOVA Health Care to cover the cost of completing the summary plan description for final approval.
5. That the Chairman of this Board is authorized to execute any documents necessary to facilitate completion of the new health insurance plan.
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Pullen 10 Ayes, 3 Noes, 2 Absent Voting No: Burdick, Kruger, Reynolds
Comments made regarding Resolution No. 143-09 included the following:
Legislator Kruger noted his appreciation for the Personnel Committee’s work and that this was a step in the right direction. He liked the stepped plan and also that the plan is Allegany County Board of Legislators, Regular Session, 08/24/09 Page 16 of 26 loading costs up front, with lower costs for employees with longevity. Until the plan covers everyone, and everything is the same for everyone, he wouldn’t support it.
Legislator O’Grady stated that although the plan wasn’t perfect, he would support it. It’s a step in the right direction. It may take five to ten years to get everyone on an even playing field, but at least this includes everyone except collective bargaining employees.
Legislator Pullen noted that although there were legislators, employees, and taxpayers with different views, the committee was able to put this compromise together. No one was completely happy with it, and he would have liked to see some things a little stronger to shift costs. The goal here is that we use NOVA Health Care as our third party administrator, and the key is the authorization for NOVA to complete the plan for final approval. This resolution is not approving a final plan, but just for the plan to be put together. Assistant County Attorney Leslie Haggstrom volunteered, and Mr. Pullen did as well, to work with NOVA on the legal language to assure that what we are getting is what was intended by the Board. The final document will come back to the Board for approval.
Legislator Reynolds commented that he had mixed feelings on the issue due to the fact that it impacts only leadership and department heads, but has little fiscal impact. It doesn’t affect the rank and file. It would be naïve to believe that forcing the department heads into a particular situation with their insurance will have an effect on union negotiations. Actions similar to this resulted in the creation of a mid-management union.
Legislator Hall emphasized that there are no radical changes in costs; this is a very moderate step. We, as a government, have to change the way we provide support for health care, and this is a large step in that direction. We need to move ahead to get an analysis of what people will be getting and paying to move in a direction that’s very different than in the past. It has to occur now or it won’t.
Legislator Kruger questioned the confirmed start date on the decision outline, and noted he didn’t understand that, if this document wasn’t the final plan. Chairman Crandall explained that the outline attached to the resolution will drive the many pages of detailed descriptions in the proposal that will be included in the final plan. For those needing to make a decision, even though they won’t be looking at the full document, NOVA and Manning and Napier will meet with affected employees for explanations. Mr. Pullen noted that NOVA personnel will meet for local input prior to October 1, and the committee will move it forward. Hopefully by November 1, we will have the final document and decisions can be made on whether to stay with the existing plan or move to the newly developed plan. Mr. Reynolds questioned if the existing plan will change, and Mr. Pullen stated that he understood that the only change would be in the pharmaceutical becoming a managed plan.
RESOLUTION NO. 144-09
ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS
Allegany County Board of Legislators, Regular Session, 08/24/09 Page 17 of 26
Offered by: Ways and Means Committee
WHEREAS, a check in the amount of $200, representing the cost to replace a windshield on a County Sheriff’s vehicle, has been offered by NYMIR in settlement for such property damage, now, therefore, be it
RESOLVED:
1. That an insurance payment in the amount of $200 from NYMIR, representing the cost of replacing a windshield on a County Sheriff’s vehicle, is accepted.
2. That the sum of $200 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680 (Risk Retention – Insurance Recovery).
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 13 Ayes, 0 Noes, 2 Absent
RESOLUTION INTRO. NO. 155-09 (APPROPRIATION OF GRANT FUNDS FROM NEW YORK STATE UNDER THE FY07 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS [PSIC] GRANT) was TABLED following a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried. Acceptance of the grant was approved by Resolution No. 143-08 contingent on identifying a source for the $423,118.99 local County share. County Administrator John Margeson has indicated that funds in the amount of $200,000 were identified in the 2009 budget, and $223,119 will be available in the 2010 Budget.
RESOLUTION NO. 145-09
TRANSFER OF FUNDS WITHIN PROBATION ACCOUNT
Offered by: Public Safety Committee
RESOLVED:
1. That the sum of $400 is transferred from Account No. A3140.4 (Rentals) to Account No. A3140.2 (Equipment).
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Pullen 13 Ayes, 0 Noes, 2 Absent
(Memo: The transfer approved by Resolution No. 145-09 was for the purchase of a new bullet proof vest.)
Allegany County Board of Legislators, Regular Session, 08/24/09 Page 18 of 26
RESOLUTION NO. 146-09
TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO JAIL CONTRACTUAL ACCOUNT
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That the sum of $200,000 is transferred from Account No. A1990.4 (Contingent) to Account No. A3150.4 (Jail - Contractual) to finance projected medical costs for the jail for the remainder of 2009.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Reynolds 13 Ayes, 0 Noes, 2 Absent
(Memo: The transfer approved by Resolution No. 146-09 was necessitated by increased jail medical costs. The 2009 budget for medical is $180,000, and at current levels, expenses are expected to reach $462,000. Medical expenses for 2008 were in excess of $240,000. Factors related to the increase are: there was a Mercy Flight transport at over $11,000; some inmates are receiving specialized medications, which in some instances cost over $1,000 per month; and the local inmate population has been increasing, ranging from 52 in January to 82 in July.)
RESOLUTION NO. 147-09
TRANSFER OF FUNDS FROM BUILDINGS AND GROUNDS ACCOUNT TO COUNTY ROAD FUND CONTRACTUAL EXPENSES ACCOUNT
Offered by: Public Works and Ways and Means Committees
RESOLVED:
1. That the sum of $18,000 is transferred from Account No. A1620.4 (Buildings – Contractual) to Account No. D5110.4 (Snow Removal, Maintenance Roads and Bridges – Contractual), to cover the cost for the surface treating of County Roads.
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Reynolds 13 Ayes, 0 Noes, 2 Absent
(Memo: The funds being transferred from the Buildings and Grounds Account in Resolution No. 147-09 were remaining from the paving of the front Courthouse parking lot.)
Allegany County Board of Legislators, Regular Session, 08/24/09 Page 19 of 26
RESOLUTION NO. 148-09
APPROVAL OF THE ALTERNATIVES TO INCARCERATION/ SERVICES FOR A SHARED POPULATION CONTRACT #C070467-YEAR 3 FOR JULY 1, 2009 TO JUNE 30, 2010; AUTHORIZING CHAIRMAN TO SIGN CONTRACT
Offered by: Public Safety Committee
RESOLVED:
1. That the Alternatives to Incarceration/Services for a Shared Population Contract #C070467-Year 3 for July 1, 2009 to June 30, 2010, is approved.
2. That the Chairman of this Board is authorized to execute the contract.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Reynolds 13 Ayes, 0 Noes, 2 Absent
(Memo: The agreement approved by Resolution No. 148-09 is for the period of July 1, 2009 to June 30, 2010 and provides for mental health services for individuals on probation and/or under supervision of the Pre-Trial Release Program. It is grant funded.)
RESOLUTION NO. 149-09
APPROVAL OF THE INTENSIVE SUPERVISION PROGRAM (ISP) CONTRACT #T523086 FOR JANUARY 1, 2009 TO DECEMBER 31, 2009; RATIFYING THE CHAIRMAN’S SIGNATURE TO THE CONTRACT
Offered by: Public Safety Committee
RESOLVED:
1. That the Intensive Supervision Program (ISP) Contract #T523086 for January 1, 2009 to December 31, 2009, is approved.
2. That the Chairman of this Board is authorized to sign said agreement and his prior signature thereto is hereby ratified.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Reynolds 13 Ayes, 0 Noes, 2 Absent
(Memo: The agreement approved by Resolution No. 149-09 is for the period of January 1, 2009 to December 31, 2009 and provides for supervision of defendants who are sentenced by the Court to Intensive Supervision.)
Allegany County Board of Legislators, Regular Session, 08/24/09 Page 20 of 26
RESOLUTION NO. 150-09
APPROVAL OF THE PROBATION ELIGIBLE DIVERSION PROGRAM (PED) CONTRACT #T523007 FOR JANUARY 1, 2009 TO DECEMBER 31, 2009; RATIFYING THE CHAIRMAN’S SIGNATURE TO THE CONTRACT
Offered by: Public Safety Committee
RESOLVED:
1. That the Probation Eligible Diversion Program (PED) Contract #T523007 for January 1, 2009 to December 31, 2009, is approved.
2. That the Chairman of this Board is authorized to sign said agreement and his prior signature thereto is hereby ratified.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Reynolds 13 Ayes, 0 Noes, 2 Absent
(Memo: The agreement approved by Resolution No. 150-09 is for the period of January 1, 2009 to December 31, 2009 and provides for supervision and treatment of non-violent offenders eligible for probation who would otherwise have been committed to the New York State Department of Corrections.)
RESOLUTION NO. 151-09
APPROVAL OF THE ENHANCED SUPERVISION OF SEX OFFENDERS (ESSO) CONTRACT #C523028 FOR APRIL 1, 2009 TO MARCH 31, 2010; RATIFYING THE CHAIRMAN’S SIGNATURE TO THE CONTRACT
Offered by: Public Safety Committee
RESOLVED:
1. That the Enhanced Supervision of Sex Offenders (ESSO) Contract #C523028 for April 1, 2009 to March 31, 2010, is approved.
2. That the Chairman of this Board is authorized to sign said agreement and his prior signature thereto is hereby ratified.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Hall 13 Ayes, 0 Noes, 2 Absent
(Memo: The agreement approved by Resolution No. 151-09 is for the period of April 1, 2009 to March 31, 2010 and provides for the establishment and operation of enhanced probation Allegany County Board of Legislators, Regular Session, 08/24/09 Page 21 of 26 services for individuals classified as Sex Offender Registration Act [SORA] Risk Level 2 and 3 Sex Offenders.)
RESOLUTION NO. 152-09
APPROVING THE 2009 RESOURCE ALLOCATION PLAN AGREEMENT WITH OFFICE OF CHILDREN AND FAMILY SERVICES; PROVIDING FOR APPROPRIATION OF FUNDS WHEN SUBCONTRACTS FOR SPECIAL DELINQUENCY PREVENTION PROGRAM SERVICES ARE APPROVED
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That the 2009 Resource Allocation Plan agreement with Office of Children and Family Services in relation to the State's allocation of funds to the County for providing youth services under its Comprehensive Youth Service Plan is approved.
2. That the Chairman of this Board is authorized to execute such Plan Agreement.
3. That a portion of the funds to be received under such Plan agreement shall be appropriated from time to time to cover the costs under sub-contractor service provider agreements as may be approved by this Board.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Reynolds 13 Ayes, 0 Noes, 2 Absent
A motion was made by Legislator Reynolds, seconded by Legislator McCormick and carried, to grant Legislator Hopkins permission to abstain from voting on Resolution Intro. No. 164-09 (Approval of 2009 Youth Development/Delinquency Prevention [YDDP] Programs Including Municipal Youth Projects for Recreation Programs, Service Programs, and Youth Initiative Programs).
RESOLUTION NO. 153-09
APPROVAL OF 2009 YOUTH DEVELOPMENT/DELINQUENCY PREVENTION (YDDP) PROGRAMS INCLUDING MUNICIPAL YOUTH PROJECTS FOR RECREATION PROGRAMS, SERVICE PROGRAMS, AND YOUTH INITIATIVE PROGRAMS
Offered by: Public Safety and Ways and Means Committees
WHEREAS, the County Youth Bureau has recommended certain municipal youth projects for recreation programs, service programs, and youth initiative programs within the County for 2009, now, therefore, be it
Allegany County Board of Legislators, Regular Session, 08/24/09 Page 22 of 26
RESOLVED:
1. That the 2009 Municipal Youth Projects for recreation are approved as follows:
Municipality 2009 Project Municipality 2009 Project Award Award
Village of Alfred 2,400 R021 Town of Burns 250 R181 Town of Almond 325 R051 Village of Canaseraga 250 R191 Town of Amity 614 R071 Town of Cuba 500 R231 Village of Belmont 459 R081 Village of Cuba 863 R241 Town of Andover 494 R091 Town of Friendship 750 R251 Village of Andover 531 R010 Town of Hume 1,067 R301 Town of Angelica 253 R111 Town of Independence 582 R321 Village of Angelica 460 R121 Town of Rushford 647 R341 Town of Belfast 2,959 R131 Town of Wellsville 3,352 R371 Town of Bolivar 474 R151 Town of Wirt 267 R411 Village of Bolivar 714 R161 Rushford Lake Project 9,805 R001
2. That the 2009 Municipal Youth Projects for services are approved as follows:
Agency Program Title 2009 Award
Allegany Council Week of Alternatives $3,500 BOCES Government for Youth 2,650 Youth for Christ Wellsville Skate Park 2,000 Houghton College First STEP 2,614 Houghton College Allegany Student Outreach 4,000 (STEP) Allegany Council Natural Helpers 2,000 Youth for Christ Teen Centers 3,500 Village of Cuba A Sound Beginning 2,900 Town of Wellsville Dance/Theatre Program 2,000
3. That the 2009 Municipal Youth Projects for Youth Initiatives are approved as follows:
Agency Program Title 2009 Award
Allegany Arts Association Summer Arts Festival 1,700 Literacy West NY, Inc. Peers Helping Peers 2,700 Southern Tier Traveling Teachers, GED 2,880 Inc. Allegany Co. Chapter of Red Cross When I’m In Charge 750 Alfred University Children Learning Initiatives 1,700
Allegany County Board of Legislators, Regular Session, 08/24/09 Page 23 of 26
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Hall 12 Ayes, 0 Noes, 2 Absent Abstained: Hopkins
A motion was made by Legislator Reynolds, seconded by Legislator Kruger and carried, to grant Legislator Hopkins permission to abstain from voting on Resolution Intro. No. 165-09 (Approval of Special Delinquency Prevention Program [SDPP] Subcontract Agreements for Calendar year 2009; Providing Program Funds).
RESOLUTION NO. 154-09
APPROVAL OF SPECIAL DELINQUENCY PREVENTION PROGRAM (SDPP) SUBCONTRACT AGREEMENTS FOR CALENDAR YEAR 2009; PROVIDING PROGRAM FUNDS
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That the following Special Delinquency Prevention Program (SDPP) Agreements for calendar year 2009, are approved and appropriated as follows:
Agreement Amount Appropriation Revenue Account Account Allegany Council on Alcoholism and Substance Abuse, Inc. (Prevention Education Referral) $4,000 A7313.486 A10.3821.04
Allegany County Mental Health Association, Inc. (Youth Compeer Program) $4,200 A7313.488 A10.3821.07
Allegany County Employment & Training (SYEP) $7,987 A7318.486 A10.3822.02
Literacy West NY, Inc. (Success Tracks) $1,000 A7318.489 A10.3820.50
Southern Tier Traveling Teacher (Special GED Program) $3,000 A7315.487 A10.3821.7315
Youth Court $5,600 A7321.1 A10.3825.7321
2. That the Chairman of the Board is authorized to execute the agreements.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Pullen 12 Ayes, 0 Noes, 2 Absent Abstained: Hopkins
Allegany County Board of Legislators, Regular Session, 08/24/09 Page 24 of 26
RESOLUTION NO. 155-09
APPROVAL OF RENEWAL AGREEMENT BETWEEN THE NEW YORK STATE UNIFIED COURT SYSTEM AND COUNTY OF ALLEGANY FOR COURT CLEANING AND MINOR REPAIRS
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 Court cleaning and minor repairs (Contract #C300235) for the period April 1, 2009 to March 31, 2010, is approved.
2. That the proposed budget for services to be rendered pursuant to the Contract for the SFY 2009-2010 shall be $115,895, which shall be reimbursed to Allegany County, New York, pursuant to the terms of said contract.
3. That the Chairman of this Board is authorized to execute such Agreement.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 156-09
APPROVING SUPPLEMENTAL AGREEMENT BETWEEN COUNTY OF ALLEGANY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION TO AMEND THE FUNDING OF THE TRUAX ROAD OVER DYKE CREEK PROJECT (PIN 6753.75) LOCATED IN THE TOWN OF WELLSVILLE
Offered by: Public Works and Ways and Means Committees
WHEREAS, the Truax Road over Dyke Creek Project (PIN 6753.75) located in the Town of Wellsville was approved by Resolution No. 105-2005; and
WHEREAS, the project is complete and funding was previously appropriated; and
WHEREAS, it is necessary to make final adjustments for costs by increasing the amount of Construction Phase Marchiselli funding, now, therefore, be it
RESOLVED:
1. That the Supplemental Agreement No. 3 between the County of Allegany and New York State Department of Transportation to amend the funding of the Truax Road over Dyke Creek Project is approved.
Allegany County Board of Legislators, Regular Session, 08/24/09 Page 25 of 26
2. That the Chairman of this Board is authorized to execute the Supplemental Agreement.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. McCormick 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 157-09
APPROVING A BRIDGE MAINTENANCE AGREEMENT WITH THE NEW YORK STATE DOT FOR BRIDGE REPLACEMENT OVER NORTH BRANCH OF PHILLIPS CREEK IN THE TOWN OF AMITY (PIN 6021.14); AUTHORIZING CHAIRMAN TO SIGN AGREEMENT
Offered by: Public Works Committee
WHEREAS, the New York State Department of Transportation has submitted to the County of Allegany a proposed agreement by which the County of Allegany is to maintain 0.0055 centerline kilometers of a County Road (shown as part numbered 2B on the Table of Maintenance) known as Baker Valley Road (CR-2-B) which is a portion of the Belmont- Phillips Creek Part 1 project and to be designated as a portion of New York Project No. 6021.14 and said proposed agreement also provides for the County of Allegany to request the Department of Transportation to submit the aforementioned project with the recommendation that it be approved by the Administrator of the United States Federal Highway Administration, and that if such project is approved and constructed by the Department and the Administrator of the United States Federal Highway Administration, the County of Allegany will thereafter at its own cost and expense maintain the previously described portion of this project in a manner satisfactory to the Department of Transportation and the Administrator of the United States Federal Highway Administration, or their authorized representatives, and make ample provision each year for such maintenance, now, therefore, be it
RESOLVED:
1. That the County of Allegany shall maintain such road and guarantee the maintenance of such road when constructed and will pay the cost of such maintenance and will maintain the project in a manner satisfactory to the New York State Department of Transportation or its authorized representatives, and will make ample provision each year for such maintenance.
2. That the New York State Department of Transportation submit such project to the Administrator of the United States Federal Highway Administration and recommend to him the approval of the same for construction with funds apportioned to the State for construction of Highways and related projects under the provisions of the Federal Highway Acts.
Allegany County Board of Legislators, Regular Session, 08/24/09 Page 26 of 26
3. That this County of Allegany act through its Chairman of the Allegany County Legislature and Clerk which are hereby authorized to act for this County of Allegany and make and enter into agreement with the State Department of Transportation, in manner and form and substance as herein stated and in accordance with the form of contract herein mentioned as having been submitted to this Allegany County Legislature for action, and that this Board furnish two certified copies of this resolution authorizing the Chairman of the Allegany County Legislature and Clerk of this County of Allegany to execute the agreements on behalf of the County of Allegany such Chairman of the Allegany County Legislature and Clerk being fully authorized and directed to make and enter into agreements on behalf of the County of Allegany in any manner and form required by the Department of Transportation, or the Administrator of the United States Federal Highway Administration and attach the seal of the County thereto.
4. That the Clerk of this Board is hereby directed to transmit two (2) certified copies of the foregoing Resolution to the State Department of Transportation.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 13 Ayes, 0 Noes, 2 Absent
AUDITS:
A motion was made by Legislator Reynolds, seconded by Legislator Hopkins and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Reynolds, seconded by Legislator Pullen and adopted on a roll call vote of 11 Ayes, 2 Noes, 2 Absent, that the audit of claims, totaling $964,960.10 including prepaid expenses, be approved for payment as recommended by the County Administrator (Opposed: Kruger, Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $5,309,005.) Legislator Kruger objected to funds being spent on the Court Facilities Project, as he disagrees on the direction the Board is taking.
COMMENTS:
Legislator Ungermann requested privilege of the floor for the September 14 meeting.
Legislator Kruger noted that he admires and approves of the program where we have veterans come in to lead in the Pledge of Allegiance to the Flag at our Board meetings, but is upset that while we honor our veterans for their sacrifices to protect our rights, there have also been some people who have requested privilege of the floor that have been denied their right to speak because they oppose the majority opinion of the Board.
ADJOURNMENT: The meeting was adjourned at 3:40 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Kruger and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION SEPTEMBER 14, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Army Air Corps Sergeant Gerald B. Jones.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 14 Present; 1 Absent (Legislator Truax).
APPROVAL OF MINUTES:
The Board meeting minutes of August 24, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Gerald B. Jones, former United States Army Air Corps Sergeant, in grateful appreciation of his service to our Country. Mr. Jones’ service dates were from November 1942 to November 1945. Following Basic Training in Saint Petersburg, Florida, Mr. Jones was assigned to Natal Brazil in the Personnel and Treasurer’s Offices, Division Headquarters in the Intelligence Unit, and the Romulus Air Base in Personnel. Commendations he received included: American Campaign Medal, four Overseas Service Bars, Good Conduct Medal, World War II Victory Medal, and NYS Medal for Merit. Mr. Jones led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall granted privilege of the floor to the following:
Legislator Norman G. Ungermann, Jr. read a prepared statement regarding the Court Facilities Informational Package distributed at the August 24 meeting:
“Mr. Chairman, thank you for privilege of the floor. Chairman Crandall is correct that the public needs information and facts. The public has become wary since the debate and subsequent construction of a new jail, and who can blame them? With the Courthouse issue, there was discussion to have periodic public meetings. After all, it is the public’s tax dollar we are spending. What the public got for information was a folded one-page handout, so I’m very glad to see this book put together. Although I feel that numerous pertinent pieces are missing, I commend the staff and Chairman for putting it together. In a moment, I will make some comments on each of the sections of the book. Allegany County Board of Legislators, Regular Session, 09/14/09 Page 2 of 21
For me and seven other newly-elected legislators who began our terms on January 1, 2006, this Courthouse odyssey began in June of 2006 when William Clark, Chief Counsel for the OCA, spoke before the Legislature. Some of you remember me standing up with my pockets turned inside out and exclaiming that the taxpayer in Allegany County is broke. Cost estimates at that time were hovering between $20 and $25 million, and we had just built a new jail. After that meeting, we took a tour of our Court facilities. Although some of the reasons seemed trite, I remembered sitting in the hall waiting for our time in Court. A visiting Judge was using a coat closet for an office, and boxes containing Court records were stacked everywhere. Then, the unthinkable happened: I CHANGED MY MIND. I know that must be hard for many of you to understand, but I did it.
Next, I did what I believe every good legislator is supposed to do: I put my thinking cap on. How can we help out the Courts as well as all the other County departments that need space? I talked to Judges, Court staff, department heads, engineers and architects, and large contractors that I had previously worked with. I subsequently developed a three-part plan that could be done all at once or over a fifteen-year period if need be, depending on what was affordable.
Part 1 was to give the Courts immediate relief by using the old jail – estimated cost to renovate was $3.2 to $4 million.
Part 2 was to move all departments related to social programs, such as the Health Department, Department of Social Services, Office for the Aging, and Veterans’ Service Agency, to the former Belmont school. According to a $30,000 study by MRB Associates, there was a total of 200 parking spaces and 90,000 square feet of space including approximately 56,000 square feet in the latest addition built in 1990 – for a renovation cost of $6 million.
Part 3 was to come back and renovate the existing Courthouse and give the Courts additional space by using the vacated space from moving the departments to the old school – this renovation work was estimated at $4 million.
Total cost of the three-part plan was $13 to $14 million before any negotiations on what we needed or didn’t need – some $10 million less than the numbers flying around at the time. On December 26, 2006, I proposed Part 1 of this plan at a Committee of the Whole meeting. Mr. Kruger and I taped structural drawings and floor plans to the podium behind me and I made my pitch. Some legislators were very interested, some openly laughed and rolled their eyes back in their heads saying it would never happen, and others sat stone-faced. One legislator made the statement, ‘Mr. Ungermann is not an engineer; we should not listen to him.’
It should be noted that in the March 6, 2007 minutes, Mr. Isenberg stated that ‘the OCA is willing to work with the leadership of the County (Hall, Crandall, and Margeson) on reviewing any proposal that may come forward from the County leadership.’ Perhaps this is a good argument for reducing the size of the Legislature; then everyone could be considered Allegany County Board of Legislators, Regular Session, 09/14/09 Page 3 of 21 leadership. In all fairness to Mr. Isenberg, it is his job to get the very best he can for the OCA.
Let’s now get back to the fact book, and start with the question and answer page. I believe it should be expanded. A lot of people have asked the following questions, and they deserve to be answered:
Is parking replacement for the new addition included in the $13.8 million? The committee is called the Court Facilities and County Space Needs Committee. Are the other space needs of the Department of Social Services, County Historian, Office for the Aging, Veterans, and Board of Elections included in the $13.8 million? Is renovation of the old jail included in the $13.8 million? Is relocation of the maintenance building included in the $13.8 million?
In the Resolutions section, the authorization to purchase two houses on Court Street and the subsequent negative impact declarations should be included.
In the Correspondence section, I was pleased to see the letters from Teeters and VanderHorst with regards to the proximity to the river. We have received another engineer’s letter of concern since, and the DEC letter dated June 29, 2009 citing concerns with closeness to the river as well as possible segmentation of the project should be included. A June 15, 2007 letter from Mr. Isenberg listed the deficiencies for the first time in writing. He complained about ceiling height, oversized columns (similar to the one here in the Legislative Chambers, which could be trimmed to the size of the ones in front of our windows), fragmentation, and disjointed services. I answered his concerns and ended my letter with the following paragraph:
‘I have again enclosed a letter from the State Comptroller’s Office for your review, which states they will withhold certain state aid payments if taxes levied are in excess of its tax limit. It is a warning letter due to the fact that we are at 94 percent of our tax limit. Allegany County is between a rock and a hard place. None of us would enjoy the publicity of forcing the County into bankruptcy. I sincerely hope the Comptroller, the OCA, and Allegany County can work together to solve this problem. Is the plan I put forth perfect? Certainly not, but it is possible and practical, and there is public support for it.’
That response should be included, along with copies of the letters from Empire Cheese of Cuba, the owners of River Walk in Wellsville, as well as a letter from our own AFSCME Union stating their support for a project much smaller in size.
Perhaps there should be another section called ‘General Information,’ which should include a letter to all legislators from former County Attorney Daniel Guiney, spelling out the rules of Section 39a of the Judiciary Law in laymen’s terms. There should also be included a copy of the November 27, 2007 letter from the State Comptroller stating we were at 94 percent of our constitutional taxing limit for 2006 and at 91 percent for 2007, and warning us of possible consequences should we go over that limit. Allegany County Board of Legislators, Regular Session, 09/14/09 Page 4 of 21
In 1995, the Comptroller did an audit of the OCA activities concerning court expansions. In part, it states:
‘The Act establishes a procedure to be followed if a locality does not develop an acceptable plan. If a plan is not approved, the locality and the Court Facilities Capital Review Board may enter mediation in an attempt to reach a settlement that produces a plan that is satisfactory to all parties. If such an effort fails, OCA may direct the State Comptroller’s Office to withhold state aid payments to the locality in an amount equal to the cost of necessary renovations to the court facilities. OCA cannot spend this money on renovations, but can only have it withheld as a punitive measure until the locality produces an acceptable plan. In addition, since the program was initiated, local government officials that started the process may have changed during subsequent elections. New officials may not agree with the approach of prior officials and may be unwilling to proceed. In a prime example, the City of Glen Cove, with a final Board approved capital plan in place, started construction of a new court facility to replace an existing inadequate facility. OCA officials stated that approximately $4.5 million of a total estimated cost of $9.3 million had been spent when a new city administration put the project on hold for reevaluation. OCA officials now state that an entirely new plan, at a different site, has been submitted to and approved by the Board. Other local officials have also stated that they cannot afford the costs of these multi-million dollar projects due to local fiscal constraints. The Act does require the Board to consider a locality’s fiscal capacity before approving its capital plan. The Act states that ‘the Board shall consider, in approving or disapproving a capital plan for each political subdivision … such political subdivision’s fiscal capacity, including but not limited to total taxes raised, total income generated, existing municipal debt, and overall capital needs.’ However, the Act did not establish guidelines for the Board or OCA to use when assessing a locality’s fiscal capacity. OCA officials assume that localities can afford the capital plans they submit. OCA officials have stated their reviews of a locality’s fiscal capacity only come into play if the proposed plan does not fully meet the needs of the court. OCA then conducts a fiscal review and works with the locality to develop a capital plan that is affordable and acceptable to the locality, OCA, and the Board … the only penalty that OCA may assess on localities for not complying with the Act is to withhold state aid payments. This penalty may be too severe and difficult to impose as it could have a significant effect on local services and finances. Our audit raises issues for further consideration by officials from OCA, the Board, local government, and the State Legislature in order to ensure localities meet their responsibilities to provide adequate court facilities in a timely manner.’
The first few pages of Part 34, Rules of the Chief Judge – Guidelines for New York State Court Facilities, which deals with buildings, safety, and security, should be included. A copy of the County Law, which says that a public referendum is required before the Courts can be moved outside of the Village of Belmont, should have also been included. It was one legislator’s opinion that using the old jail would be problematic, not necessarily the OCA’s opinion. Remember, Mr. Isenberg works for the OCA. He’s trying to get the best deal for the OCA. Judge Brown stated that, throughout the Court Facilities exploration process, he felt he Allegany County Board of Legislators, Regular Session, 09/14/09 Page 5 of 21 spoke for both Judges in that their needs are simple and they are adaptable. To satisfy them, they need more space, alleviation of their storage problems, and a solution to the current need to hold attorneys’ meetings in Judges’ Chambers. They have no agenda in the matter and realize it’s up to the Legislature on the option to be chosen. They will live with that choice and be involved in the refinement process. The decision is a difficult one to make and it’s a balancing act between the taxpayers’ cost concerns and state mandates.
Our staff has done an excellent job in providing minutes … the story is truly in them. Now about the Minutes section of the black binder. In the October 3, 2006 Ad Hoc Committee minutes, Ed Rodman, OCA’s Chief Architect, said that building an addition would not be perfect either. That is interesting. Again, I would like to see the December 26, 2006 minutes included, and the January 7 and February 26, 2007 Court Facilities minutes. There were no minutes made for the July 27, 2007 trip to New York City, only a teleconference call that worked only part of the time. Please note that there is no immediate letter of rejection from the OCA after that NYC trip. The letter of rejection did not come until December of 2007. I’d ask all of you to read the minutes of the August 14 Court Facilities meeting very carefully.
Many other things could have been included. Instead of all the A1A documents, perhaps the other proposal to provide design services should be included, along with their floor plans. It’s clear to many that they were confident an alternate plan would be acceptable; however, the committee would not allow them to even make a presentation to the full Board. Chairman Crandall is correct in his observation that much has been editorialized with incorrect information. In one editorial by a legislator, and several by the public, we have gone from a one-time sanction of $14 million to $14 million per year. In reality, $14 million is only an estimate because we have never gone through the mediation process. Another editorial, again by a legislator, stated that the existing Courthouse is 15 feet from the riverbank and it’s just fine. In reality, it is 18 feet from the fence, which is 21 feet from the riverbank, for a total of 39 feet according to my tape measure, and we have no way of knowing how much the riverbank has eroded since 1936. We have heard numerous times about the City of Newburg being sanctioned. I spoke with Nick Valentine, Mayor of Newburg. He never recalls any money being withheld. OCA wanted a new building, the public was up in arms over it, and they settled on using a vacant 100-year-old high school building. It has revitalized his downtown area with a senior center in part of it, and has attracted other businesses.
I have compiled a folder with most of the documents I have described. I ask that it is copied and sent to all who received the Allegany County Court Facilities Informational Package on August 24 as an addendum, resulting in a more complete and true history of the events surrounding this Courthouse project. Yes, Mr. Chairman, I deal with plans and facts every day. Again, thank you for privilege of the floor.”
Public Health Director Lori Ballengee addressed the Board regarding Allegany County Cancer Services and gave an update on the Allegany County’s cancer profile for 2009. The annual incident rate has increased for the 2002-2006 period by 11.3 percent from the 1992- 1996 period, but the annual mortality rate has decreased by 17.9 percent for the same period. Statistics were given for the four major types of cancer (lung, prostate, breast, and colorectal) that represent 55.4 percent of all new cancer cases and 52.2 percent of all new Allegany County Board of Legislators, Regular Session, 09/14/09 Page 6 of 21 cancer deaths in the County. Mrs. Ballengee noted that we’re still extremely high in lung cancer deaths, and the department is working vigilantly with the smoking cessation program. Allegany County Cancer Services has been in existence for about four years to offer assistance, resources, and emotional and spiritual support for County residents. Eighty-nine clients have been served within the past thirty months, and $22,177.93 has been given out in support throughout the County. Mrs. Ballengee explained the application process and also noted that the group is looking for board members. An upcoming fundraiser was announced: a “200 Club” event will be held at the American Legion in Wellsville on September 19.
On behalf of the Board of Legislators, Chairman Crandall presented a check to Lori Ballengee for Allegany County Cancer Services in appreciation for what the group accomplishes. Every dollar is spent in the County, with no administrative fees. (The donation was drawn from the Legislators’ Flower Fund, not taxpayers’ dollars.)
Soil & Water Conservation District Executive Director Gretchen Gary spoke about RC&D Week. The Seneca Trail Resource Conservation and Development Council is a partnership between the federal government and a non-profit organization led by local community leaders and serves the citizens of Allegany, Cattaraugus, Chautauqua, Livingston, and Wyoming Counties and the Seneca Nation of Indians. Its main objective is to address community concerns in the areas of land conservation, water management, rural community development, and land management. Soil and Water Conservation Districts are one of the main driving forces for project proposals that are in line with the goals and objectives of the Council, and the Council also looks to County agencies and residents to make them aware of community needs in the four areas mentioned earlier. Projects can consist of technical assistance as well as funding. The mission of the Seneca Trail RC&D is to provide the leadership required to develop and implement these projects to protect the environment, provide economic development, create jobs, improve the standard of living, and to enrich the lives of residents through conservation development and the wise use of human and natural resources. Ms. Gary encouraged people to learn more about the Seneca Trail Resource Conservation and Development Council and to help celebrate RC&D Week during the week of September 20.
David A. Howe Library Director Brian Hildreth spoke about Library Card Sign-Up Month, which is the month of September. Mr. Hildreth noted that he usually quotes statistics on the number of people using the 17 libraries in the County, but this year he highlighted some of the benefits of our public libraries that are sometimes taken for granted. He read a letter sent to him in 2007 by a patron expressing his thanks for the services offered by the library. This particular patron was allowed to volunteer in the library while in outpatient treatment for alcohol dependence and also took GED classes in the basement of the library. At the time of the letter, he was preparing to attend Jamestown Community College and looking forward to starting a business. Mr. Hildreth commented that he receives many letters like this every year in appreciation for the library’s services. Fifty-two percent of County residents already own library cards.
Allegany County Board of Legislators, Regular Session, 09/14/09 Page 7 of 21
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Report of Intrafund Transfers approved by the County Administrator for the month of August 2009.
The following communications were also acknowledged:
1. The County Treasurer filed Certificates of Withdrawal of Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law for properties located in the Towns of Clarksville and New Hudson in the Clerk of the Board’s Office on September 9, 2009.
2. Correspondence from Lanny Sweet on behalf of the Allegany County Citizens for Responsible Government urging the Board to rescind the Resolution approving the Courthouse Project, along with Chairman Crandall’s response to that letter. Chairman Crandall noted that these letters were distributed to all of the legislators, and given the importance of this correspondence, and in light of all the conversations and press regarding the issue, he read the letters aloud.
Lanny Sweet’s letter, dated August 9, 2009:
“I am writing on behalf of Allegany County Citizens for Responsible Government. We urge you to rescind the resolution approving the Courthouse project.
We believe it is possible to convince the OCA to approve the alternate plan proposed by Legislators Kruger and Ungermann. Our tax burden is already too high. We cannot in good conscience spend ten million dollars, or more, if it can be avoided.
We ask you to stand with us to fight unfair and ruinous state mandates.”
Chairman Crandall’s response to Lanny Sweet, dated September 2, 2009:
“I am writing in response to your letter dated August 9 that I received on August 21, which you wrote on behalf of Allegany County Citizens for Responsible Government. In your letter, you urge the Board of Legislators to rescind the resolution approving the Courthouse Project. Over the past several years, there have been numerous resolutions which the Board has considered and passed regarding Allegany County’s compliance with the Court Facilities Act of 1987. I believe that the specific resolution you are referring to may be Resolution No. 5- 09, dated January 12, 2009 - A Resolution Authorizing the Construction of a New Court Facility and Improvements to the Existing Court Facility Space in and for the County of Allegany, New York, at a Maximum Estimated Cost of $13,787,000 and Authorizing the Issuance of $13,787,000 Bonds of Said County to Pay the Cost Thereof. This resolution was a time-sensitive resolution passed shortly before the New York State Unified Court System proceeded with the sanction process against Allegany County. This resolution was done as part of a Capital Plan, which was submitted to the Office of Court Administration, outlining the Allegany County Board of Legislators, Regular Session, 09/14/09 Page 8 of 21 project to address the deficiencies in our Court System along with a timetable and benchmarks for completion.
In your letter, you say, “We believe it is possible to convince the OCA to approve the alternate plan proposed by Legislators Kruger and Ungermann.” As the alternate plan, I assume you are talking about using the old jail space on the third floor of the County Office Building, which has been referred to as the Ungermann Plan. Numerous plans and proposals were looked at and discussed by the Court Facilities Committee over the past several years. The plan you refer to was reviewed by the Office of Court Administration who determined that this plan did not properly address the needs of our Court System. At the direction of the Board, I wrote a letter on December 3, 2008, to Chief Administrative Judge Pfau regarding the Allegany County Court Facilities Capital Plan. In this letter, I asked whether in light of the recent downturn in the ‘state, local, and national economy’ would they reverse their rejection of the proposal to provide additional space for the Courts by renovating the former County Jail, and reconsider the Jail Proposal as the formal Allegany County Court Plan. The Unified Court System responded to my letter on December 18, 2008. In this letter, part of their response is as follows:
‘The answer is no. As previously explained, the Jail Proposal fails to meet the needs of the Courts, and would cause numerous deficiencies and inefficiencies. Some of these design defects could be cured only by operational stopgaps, such as by assigning additional officers to address the security flaws inherent in the Jail proposal, with the result that taxpayers would incur substantial and permanent increases in operating expenses to achieve only a short-term savings in construction costs.’ This letter also goes on to say, ‘No circumstances have changed that warrant reconsideration of our decision. The County has a long history of delay in providing decent Court facilities. Having failed to meet this statutory obligation through various economic cycles over a number of years, the County cannot rely on the latest economic conditions to justify yet another delay, or to make an unacceptable proposal worthy of approval.’
By looking at these and other correspondence, you will see that much effort has been given to come up with a plan that is not just acceptable to the Office of Court Administration and the New York State Unified Court System, but time has been spent to keep the cost of compliance minimal and practical. The square footage needed for the Courts has been negotiated down, and the original estimated cost has been reduced from over $20 million to $13,787,000, which includes costs beyond the actual estimated Court construction cost of $11 million.
You also make a statement in your letter, ‘We cannot in good conscience spend $10 million, or more, if it can be avoided.’ To this I would agree; however, the delay of Allegany County in dealing with the Court Facilities Act has led us to a point where we can no longer avoid addressing this problem. As far as the cost of the Jail Proposal, compared to the accepted Court Facilities Plan, I would like to point out that in the Court Facilities and County Space Needs Committee minutes dated September 24, 2007, Legislator Ungermann stated that his proposal includes three projects: $7 million to renovate the former jail space for the Courts to Allegany County Board of Legislators, Regular Session, 09/14/09 Page 9 of 21 comply with OCA, $6 million to utilize the old Belmont school for displaced departments, and $7 million to renovate existing vacated Courthouse and County Office Building spaces. If the cost of remodeling the old school is taken out of this equation, the cost of the Ungermann Plan is $14 million, a cost that is comparable to the proposal we are working on.
Your last sentence asks that we stand with you to fight unfair and ruinous state mandates. This Board and previous Boards have done exactly that. Our involvement with our state elected officials, organizations such as InterCounty Association of Western New York, New York State Association of Counties (NYSAC), and numerous resolutions asking that NYS stop placing unfunded mandates, not only upon our County, but also our towns and villages, is a position our Board of Legislators has taken for a long time. I agree that these unfunded mandates indeed can be ruinous to local government. This particular issue of having to comply with a law from 1987, in my opinion, would be futile at this point in time to try and reverse. Allegany County is the last county in New York State to address this issue, and a change in this state law would have needed to occur many years ago, with the counties that have already addressed it at our side.
I personally handed a copy of our Allegany County Court Facilities Informational Package to your group’s attorney, Mr. Ross Scott, on August 24, and I am enclosing a CD with the same information for your convenience. We are also making available thousands of pages of other documents, which you are welcome to look at in the Clerk of the Board’s Office. I want to thank you for the opportunity to answer these questions and point to some facts and information that you and your group were not aware of. I believe that by having the information on the Court Facilities Project for Allegany County organized, easily accessible, and available in several formats such as hard copy at the Town and Village Clerks’ Offices and Libraries, online at www.alleganyco.com, and on CD, the members of your organization and the general public can be better informed and can understand the work that has and is being done to comply with the Laws of New York.
I appreciate you contacting me regarding this matter, and I look forward to discussing this with you in more depth at any time.”
3. Correspondence from Senator Catharine Young confirming receipt and support of Allegany County Resolution No. 118-09 in opposition of Senate Bill 2247 which the Senator believes would result in disastrous consequences for farmers, and do immeasurable damage to our economy. A news column wherein Senator Young voiced her opposition to Senate Bills 2247 and 5212 was also enclosed.
4. Correspondence from Senator Catharine Young confirming receipt of Allegany County Resolution No. 97-09 along with a copy of her letter to US Energy Secretary Steven Chu and NYSERDA President Frank Murray regarding the cleanup at the West Valley nuclear waste site.
5. A packet of information from the Allegany/Western Steuben Rural Health Network inviting Legislators to participate in several free or low-cost educational programs and networking opportunities. Allegany County Board of Legislators, Regular Session, 09/14/09 Page 10 of 21
6. A copy of the Pennsylvania General Energy Company’s Notice of Intent to construct a natural gas pipeline to serve the EF Dean Inc. gas well in the Town of Willing.
7. Correspondence from former Public Works Superintendent Richard Young and family thanking the Board for the flowers sent for the funeral of Mary “Roxie” Young. Mrs. Young worked in the County’s Social Services Department for many years.
8. Town of Pike Notice of Public Hearing on Monday, September 14, at 8 p.m. regarding the proposed amendments to the Town of Pike Zoning Law and official Zone Map due to the dissolution of the Village of Pike, effective December 31, 2009.
9. Southern Tier West Regional Planning and Development Board News Release and Minutes for their August 20 Board meeting and Notice of Meeting for September 17, 2009.
10. Correspondence from the Allegany County Area Foundation inviting Legislators to attend the annual meeting of the Foundation at the Crossroads Conference Center from 6:15 p.m. to 8:00 p.m. on September 22, 2009.
11. Correspondence from the ACCORD Corporation inviting Legislators to attend the ACCESS Center Ribbon Cutting Ceremony at their Belmont location on Thursday, September 17, at 9:30 a.m. Please let the Clerk of the Board know if you plan to attend this event.
12. Correspondence from the Alfred State College SUNY College of Technology inviting Legislators to attend the 4th Annual Taste of Wellsville and Alumni Barbecue on Saturday, October 10, 2009.
13. Correspondence from ACCORD Corporation Business & Community Development Director Gretchen Hanchett notifying the Board that ACCORD Corporation’s Allegany Business Center was recently named the top EAP (Entrepreneurial Assistance Program) Center in New York State.
14. Correspondence from Southern Tier West inviting Legislators to attend a retirement dinner for Executive Director Donald Rychnowski on December 10 at the Premier Banquet Center in Olean. A formal announcement with reservation information will follow.
15. Announcement of a special meeting of the Court Facilities and County Space Needs Committee on September 28 at 12 p.m.
PROCLAMATIONS:
Chairman Crandall proclaimed the week of September 20, 2009 as RC&D Week in Allegany County in recognition of the efforts of the Seneca Trail Resource Conservation and Allegany County Board of Legislators, Regular Session, 09/14/09 Page 11 of 21
Development Council in offering technical and financial assistance for projects involving land conservation, water management, rural community development, and land management.
Chairman Crandall proclaimed the month of September 2009 as Library Card Sign-up Month in Allegany County and encouraged everyone to sign up for the smartest card.
Chairman Crandall proclaimed the month of September 2009 as Youth Court Month in Allegany County in recognition of the valuable contributions that youth courts and their volunteers, adult and youth, make to keep our communities safe.
RESOLUTIONS:
Resolution Intro. No. 155-09 (Appropriation of Grant Funds from New York State under the FY07 Public Safety Interoperable Communications [PSIC] Grant), originally tabled on August 24, 2009, was removed from the table following a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried.
RESOLUTION NO. 158-09
APPROPRIATION OF GRANT FUNDS FROM NEW YORK STATE UNDER THE FY07 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT
Offered by: Public Safety and Ways and Means Committees
WHEREAS, the County of Allegany accepted grant funds from New York State under the FY07 Public Safety Interoperable Communications (PSIC) Grant Program by Resolution No. 143-08, contingent on identifying a source of local County share; and
WHEREAS, matching County funds in the amount of $423,118.99 have been appropriated or identified as follows: $200,000 local share appropriated in the 2009 Budget under Account No. A3645.217, and the balance of $223,119 local share proposed to be appropriated in the yet to be adopted 2010 Budget, under Account No. A3645.217; now, therefore, be it
RESOLVED:
1. That PSIC grant funds in the amount of $1,700,475.96 are hereby accepted and appropriated to Account No. A3645.217 (Homeland Security – Equipment) with a like amount placed in Revenue Account No. A10.3306.SHF7 (State Aid Homeland Security – Sheriff).
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Reynolds 14 Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 158-09 included: Legislator O’Grady requested the minutes reflect that discussion at the Public Safety Committee meeting indicated there Allegany County Board of Legislators, Regular Session, 09/14/09 Page 12 of 21 would be no more financial obligation for the County other than the $423,118.99 local share match. That fulfills our obligation.
RESOLUTION NO. 159-09
A RESOLUTION AUTHORIZING SEELER ENGINEERING TO PERFORM A FEASIBILITY STUDY ON THE PROJECT LABOR AGREEMENT RELATIVE TO THE COURT FACILITIES PROJECT
Offered by: Court Facilities and County Space Needs Committee
WHEREAS, New York State statute requires a feasibility study be done before the Project Labor Agreement can be approved, and
WHEREAS, three different options for this study were reviewed by the Court Facilities and County Space Needs Committee, and
WHEREAS, this Board, on the recommendation of the Court Facilities and County Space Needs Committee, approves the independent study of Seeler Engineering, now, therefore, be it
RESOLVED:
1. That this Board authorizes the retention of Seeler Engineering to perform a feasibility study on the Project Labor Agreement relative to the Court Facilities Project with the condition that their report must be submitted to the County by September 23, 2009.
2. That the cost for this feasibility study shall not exceed $12,000.
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Fanton 12 Ayes, 2 Noes, 1 Absent Voting No: Kruger, Ungermann
(Memo: The feasibility study authorized by Resolution No. 159-09 will generate a Project Labor Agreement Benefit Analysis, a written report intended to illustrate whether the existence of a PLA for a public capital construction project will result in financial savings to the project owner.)
Comments made regarding Resolution No. 159-09 included:
Legislator Kruger did not support the resolution, and he questioned if the $12,000 was over and above the $5,000 discussed in a prior Court Facilities meeting for total of $17,000, noting that any potential savings related to the PLA are going to engineers and attorneys. Mr. Kruger also made reference to the many conversations and correspondence he has had, including from people at A.L. Blades and also the electricians’ labor union, all advising that this isn’t the type of project where you will see much in savings from a PLA. Seeler Allegany County Board of Legislators, Regular Session, 09/14/09 Page 13 of 21
Engineering’s report could indicate there will be savings, and we’ll have no way of knowing. There will be no savings on labor due to prevailing wage, and if not there, where would the savings be? If someone could show him the savings, he’d be all for it.
Legislator Ungermann noted that the County has a contract with Hodgson Russ for $15,000, LaBella for $5,000, and now this $12,000. That totals $32,000 so far for a Project Labor Agreement that will be locking out about forty percent of the competition. There’s no guarantee of savings. Contractors and labor unions have said PLAs are foolish on a project of this size. Mr. Ungermann remarked that he has spoken with several non-union contractors in the area who won’t touch it. If someone could show him where savings will amount to $500,000 to $1 million, he might be convinced, but he felt it was a waste of money.
Legislator Pullen responded that Hodgson Russ was authorized to draft the Project Labor Agreement, and it was approved by the Court Facilities Committee today. This resolution is for a feasibility study that is required by the state labor laws to analyze likely advantages of doing a PLA. The County does not have a separate contract with LaBella Associates for $5,000 to work on the feasibility study as referred to by Legislators Kruger and Ungermann. The $12,000 for Seeler’s study was instead of the $5,000 that was discussed earlier, and it will be the only expense for the feasibility study. Mr. Pullen noted that Hodgson Russ could have done the study for less, but they are a law firm, not an engineering firm, and it would have addressed only general advantages. Seeler has done many of these studies, and they have been well received and found to be generally accurate. Savings that can be achieved will be determined by looking at the specific details of our agreement on issues such as the use of apprentices, flexible work hours, and varying shifts with no premium pay, which will be significant. The largest single area of savings will be the waiver of the Wicks Law, which can only be achieved if there is a PLA. The state has estimated typical savings at 10 to 30 percent. We could see between $1.2 and $3.6 million in savings from the LaBella estimates. An investment of $12,000 is appropriate to get this independent report, based on the engineer’s professional expertise, on whether or not there will be any savings. Prior to starting this process and seeing the recent change in state legislation, he wouldn’t have supported a PLA, but this appears to be an extremely favorable agreement. The unions have been very open to it. Although there is potential for a reduction in competition, the market is favorable. The potential savings are too significant to ignore. In response to a comment made by Mr. Kruger, Mr. Pullen noted that the electricians’ labor union is a signatory to this agreement. The president of the trade council has indicated that all trade unions appear to be on board and supportive.
Legislator Reynolds questioned that since the PLA was already written, if we were simply having someone else check it out. Mr. Pullen replied that the purpose of the study is to estimate the likely savings due to specific terms of our PLA. Then the Board can vote on it.
Chairman Crandall noted that a study of this sort is required for PLAs under the new law, but can be done in varying degrees. The cheaper option would have dealt with general percentages based on historical Project Labor Agreement data. This feasibility study will be more detailed, will be specific to our agreement and our County, and is being done by an independent firm. Allegany County Board of Legislators, Regular Session, 09/14/09 Page 14 of 21
Legislator Dibble commented that he supports the study, but would vote against the PLA based on the information he’s received so far.
Legislator Hopkins stated that if we vote against the feasibility study today, we are actually voting against the PLA without having the information on savings. He’d like to have that before seeing the PLA voted down.
Legislator Kruger questioned if the study involves the other aspects of the project such as the properties acquired for parking, widening of the access road, or stream bank remediation. Chairman Crandall replied that the study will address the addition and renovations.
RESOLUTION NO. 160-09
RESOLUTION OPPOSING THE CLOSURE OF THE NYS DEC FORESTRY OFFICE LOCATED AT THE FARM SERVICE CENTER IN BELMONT, NEW YORK
Offered by: Public Works Committee
WHEREAS, the New York State Department of Environmental Conservation (NYS DEC) has announced the closing of the Belmont NYS DEC Forestry Office on September 30, 2009 as a cost savings measure for the State, and
WHEREAS, the yearly “rent” including utilities, parking, maintenance, janitorial services, and snow plowing is $11,300 per year, and
WHEREAS, that office manages the State forests in Allegany County with an estimated value between 125 and 150 million dollars; and forestry product sales from these forests, which are exempt from County taxes, have contributed in excess of $325,000 per year to the New York State treasury over the last ten years, and
WHEREAS, the County of Allegany has 46,426 acres of NYS DEC forest land, several thousand acres of NYS DEC wildlife management areas, a few thousand acres of County forest land, and thousands of acres of private forest that are timber tracts and wood lots. The County is largely rural, has no cities, and relies heavily on its natural resources which need proper management, and
WHEREAS, the present NYS DEC field office manages thirty-three (33) miles of the Genesee Valley Greenway in Region 9. It is expected that this office will also manage the nine (9) mile Wag/River Trail in Allegany County once acquisition is complete, and
WHEREAS, Allegany County is a sparsely populated rural county that relies heavily on the proper management of its natural resources to support its local economy and quality of life, and
Allegany County Board of Legislators, Regular Session, 09/14/09 Page 15 of 21
WHEREAS, the present Forestry Office is located in the center of the County in a “one-stop shop” along with the three other natural resource agencies (USDA Farm Service Agency, USDA Natural Resource Conservation Service, and the Allegany County Soil and Water Conservation District). The staff of both the Soil and Water Conservation District and the USDA meets the general public as they enter the Natural Resources building, answers questions, and directs persons to the proper agency or agencies. If individuals have questions for the NYS DEC and both foresters are out in the field, staff take down their name, address and phone numbers and relay this information to the foresters when they return, and
WHEREAS, the Cornell Cooperative Extension center is located next door, and many government employees and members of the public walk between the offices to gather information on forestry questions and problems, or to seek advice on how to manage resources, and
WHEREAS, the NYS DEC Forestry Belmont Office staff works as a team with the other agencies within the Ag Service Center: USDA Farm Service Agency, USDA Natural Resource Conservation Service, and the Allegany County Soil & Water Conservation District, as well as the Cornell Cooperative Extension office located next door. Staff are readily able to share expertise on a variety of projects and programs. Agencies share materials back and forth, such as aerial photos and soil maps, and office tools such as a copy machine, fax machine and digitizer. Agencies also share a common area for meetings/conferences, as well as a kitchen/lunchroom facility, and
WHEREAS, the sharing of information by the four (4) agencies and their close location to one another permits the public to visit several such agencies in one visit, provides the public with ready referral to the appropriate services each may offer, and provides the government, businesses and members of the public efficient access to critical advice and information, and
WHEREAS, the NYS DEC Forestry Belmont Office is in close proximity to other Allegany County offices in the County seat of Belmont, NY. This enables the NYS DEC staff, who regularly visit the County Office Building, cost savings and a very efficient way to visit the County Clerk’s Office, Tax Map Office, and County Treasurer’s Office to obtain information on various proposed Open Space acquisition parcels, and
WHEREAS, other DEC facilities in Allegany County (Camp Rushford, West Almond Maintenance Center) are situated in much more remote locations and are less accessible to the general public, particularly during the winter months. In addition, the NYS DEC Belmont Office has high-speed internet service. Other DEC facilities within the County have only dial- up service, and
WHEREAS, the NYS DEC Forestry Belmont Office is also a convenient location for local DEC Environmental Conservation Officers, who work out of their homes, to meet with their clients. Likewise, the office serves as a convenient location for local DEC Forest Rangers, who patrol State land (and also work out of their homes), to meet with the DEC Forestry staff, and Allegany County Board of Legislators, Regular Session, 09/14/09 Page 16 of 21
WHEREAS, the loss of the existing central location of the NYS DEC Forestry Office would create a hardship on the businesses and residents of Allegany County in obtaining natural resource help, assistance and information. The presence of the NYS DEC sub office at the Allegany County USDA Service Center is critical to the natural resource protection program in Allegany County. The residents of Allegany County drive to a central location (Belmont) to obtain other vital governmental services, such as Natural Resources, Veterans, Social Services, Employment and Training, Board of Elections, Courts, Tax Maps, garbage permits, driver’s licenses, etc., and
WHEREAS, the proposed savings, by relocation of the office to a less accessible site, are far outweighed by the added cost imposed upon the public and other governmental agencies from the loss of easy access to and coordination of services, now therefore be it
RESOLVED:
1. Allegany County hereby strongly opposes the NYS DEC proposal to move the NYS DEC Lands & Forests Office located in Belmont to another location.
2. That certified copies of this resolution be mailed to New York State Governor David A. Paterson, NYS DEC Commissioner Peter Grannis, NYS DEC Region 9 Director Abby Snyder, Senator Catharine M. Young, and Assemblymen Daniel J. Burling and Joseph M. Giglio.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 160-09 included: Legislator Ungermann noted that what the state is trying to do is eliminate a single point of entry for services that are related. It works and has worked for years. Legislator Dibble commented that the state is proposing to move the two foresters to West Almond, which is less accessible, and they hope to save $11,000 per year. He felt it was ridiculous to close the more central office.
RESOLUTION NO. 161-09
APPOINTMENT OF LINDA EDWARDS AS YOUTH BUREAU DIRECTOR AND STOP DWI COORDINATOR; FIXING ANNUAL SALARY
Offered by: Public Safety Committee
RESOLVED:
1. That Linda Edwards is appointed as the Youth Bureau Director and STOP DWI Coordinator to receive an annual salary of $44,000.
Allegany County Board of Legislators, Regular Session, 09/14/09 Page 17 of 21
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent
A motion was made by Legislator Reynolds, seconded by Legislator Hall and carried to amend Resolution Intro. No. 172-09 (Resolution to Request Governor Paterson and New York State Legislature to Advance Funding and Expedite the Timetables to Complete Parts of the Appalachian Development Highway System [Corridor U-1 I-99 and Corridor T I-86]) by changing Resolved No. 4, “Transportation Commissioner Astrid Glynn” to “Acting Transportation Commissioner Stanley Gee,” and Empire State Development Corporation Chairman from “Robert G. Wilmers” to “Dennis Mullen.”
A motion was made by Legislator Hopkins, seconded by Legislator Kruger and carried to amend Resolution Intro. No. 172-09 (same as paragraph above) by adding “and Southern Tier West Regional Planning and Development Board” to the end of Resolved No. 4.
RESOLUTION NO. 162-09
RESOLUTION TO REQUEST GOVERNOR PATERSON AND NEW YORK STATE LEGISLATURE TO ADVANCE FUNDING AND EXPEDITE THE TIMETABLES TO COMPLETE PARTS OF THE APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM (CORRIDOR U-1 I-99 AND CORRIDOR T I-86)
Offered by: Ways and Means Committee
WHEREAS, Governors have made commitments to the revitalization and improvement of the economy of "Upstate" New York, and
WHEREAS, Allegany County and thirteen other counties along U.S. Route 17 (I-86) corridor make up the three Local Development Districts in the thirteen state Appalachian Regional Commission, and
WHEREAS, U.S. Route 15 (I-99) Corridor U-1 and U.S. Route 17 (I-86) Corridor T are New York State's section of the thirteen state Appalachian Development Highway System (the "ADHS") and as such are eligible for Appalachian funding, and
WHEREAS, completing the I-99 U-1 Corridor fulfills the desires of both the Commonwealth of Pennsylvania and the State of New York to accelerate economic development opportunities in the area of Appalachia, as well as respond to the increasing traffic volumes (primarily commercial vehicles) in the Route 15 Corridor since the passage of the North American Free Trade Agreement, and
WHEREAS, U.S. Route 15 is the only north/south route in Central Pennsylvania that serves as a vital and direct link between Western New York and Canada and the ports of Baltimore and Philadelphia and the mid-Atlantic states, and
Allegany County Board of Legislators, Regular Session, 09/14/09 Page 18 of 21
WHEREAS, completing Corridor T, which terminates in Broome County at I-81, and the U-1 Corridor in Steuben County will help complete the ADHS in New York State, and
WHEREAS, the New York I-86 Economic Development Benefit Study, issued in January 2000, which was widely accepted and quoted at all levels of government, called for an aggressive eight-year construction period that would result in a 3.2 billion dollar direct economic benefit to communities along the I-86 Highway Corridor once the conversion has been completed, and
WHEREAS, Governor Pataki and the New York State Department of Transportation committed to a ten-to-twelve year construction program to complete the Route 17 conversion to I-86 beginning with the first designation (177 miles Chemung County west to Pennsylvania) on December 3, 1999, and
WHEREAS, in order to further enhance economic opportunities and promote the efficient flow of traffic through this region, NYS Route 400 should be extended southeasterly through the New York counties of Erie, Wyoming and Allegany to NYS Route 417 in the Village of Wellsville, Allegany County and eventually extended to U.S. Route 6 east of Galeton, Pennsylvania along the corridor as shown on the attached map, and
WHEREAS, the Pennsylvania Department of Transportation has projected a completion date for the conversion of Route 15 to Interstate standards (I-99) to the New York State border by the end of 2010, 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 Appalachian Regional Commission has recently released a study, the "Economic Impact of Completing the Appalachian Development Highway System," stating that "Completion of the Appalachian Development Highway System (ADHS) would yield significant economic benefits for both the Appalachian Region and the nation … By facilitating national freight flows, reducing travel times, improving safety, and enhancing access to markets, completion of the ADHS would create new jobs and greater value-added activity, returning $3 in economic benefits to the nation for every $1 spent to complete the system,” now, therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators does hereby express its support for those projects contained within the 2005 Transportation Bond Act and the Transportation Plan for the State of New York Department of Transportation.
2. That this Board does hereby urge the Governor and the New York State Legislature to advance funding necessary to expedite the timetables set forth and complete Allegany County Board of Legislators, Regular Session, 09/14/09 Page 19 of 21 the ADHS in New York State and meet the Pennsylvania Department of Transportation's timetable.
3. That this Board does hereby further urge the Governor and the New York State Legislature, working in cooperation with the federal government and the State of Pennsylvania, to undertake a study to look at the feasibility and economic benefit of extending NYS Route 400 southeasterly through the counties of Erie, Wyoming and Allegany to NYS Route 417 in the Village of Wellsville, Allegany County and eventually to U.S. Route 6 east of Galeton, Pennsylvania.
4. That the Clerk of this Board is hereby authorized and directed to forward a certified copy of this resolution to Governor David A. Paterson, U.S. Senator Charles E. Schumer, U.S. Senator Kirsten Gillibrand, U.S. Representative Eric Massa, Senate Temporary President Malcolm A. Smith, Senate Majority Leader Pedro Espada, Jr., Speaker of the Assembly Sheldon Silver, State Senator Catharine M. Young, Assemblyman Daniel J. Burling, Assemblyman Joseph M. Giglio, Acting Transportation Commissioner Stanley Gee, Senate Transportation Committee Chairman Martin Malave Dilan, Assembly Standing Committee on Transportation Chairman David Gantt, Appalachian Regional Commission Executive Director Thomas M. Hunter, Empire State Development Corporation Chairman Dennis Mullen, the New York State Association of Counties, the fourteen counties bordering I-86, the Inter-County Association of Western New York, and Southern Tier West Regional Planning and Development Board.
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Hall
RESOLUTION NO. 163-09
ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS
Offered by: Ways and Means Committee
WHEREAS, a check in the amount of $200, representing the cost to replace a windshield on a County Sheriff’s 2006 Ford Crown Victoria vehicle, has been offered by NYMIR in settlement for such property damage, now, therefore, be it
RESOLVED:
1. That an insurance payment in the amount of $200 from NYMIR, representing the cost of replacing a windshield on a County Sheriff’s 2006 Ford Crown Victoria vehicle, is accepted.
2. That the sum of $200 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680.00 (Risk Retention – Insurance Recovery). Allegany County Board of Legislators, Regular Session, 09/14/09 Page 20 of 21
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 164-09
APPROVAL OF RENEWAL LEASE BETWEEN DONALD BALDWIN AND COUNTY OF ALLEGANY FOR PREMISES AT 3453B NYS ROUTE 417, WELLSVILLE, NEW YORK
Offered by: Ways and Means Committee
RESOLVED:
1. That a three-year lease at $2,000 per month between Donald Baldwin and the County of Allegany for premises located at 3453B NYS Route 417, to be used by the Allegany County Department of Health, is approved.
2. That the Chairman of this Board is authorized to execute said Lease.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 Absent
(Memo: The renewal lease approved by Resolution No. 164-09 is for 4,080 square feet of commercial space which has been used since 2006 for the Women, Infants and Children [WIC] Program. The funding for the monthly rent is provided entirely from the WIC grant. The lease may be terminated on a 90-day notice if necessary.)
RESOLUTION NO. 165-09
ACCEPTANCE OF INSURANCE PAYMENT FROM ALLSTATE INSURANCE COMPANY AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS
Offered by: Ways and Means Committee
WHEREAS, a check in the amount of $1,415.73, representing the full cost of repairs on a County vehicle, has been offered by Allstate Insurance Company in settlement for such property damage, now, therefore, be it
RESOLVED:
1. That the amount of $1,415.73 from Allstate Insurance Company, representing the cost of repairs on a County vehicle that was involved in a three-car accident on July 17, 2009, is accepted.
Allegany County Board of Legislators, Regular Session, 09/14/09 Page 21 of 21
2. That the sum of $1,415.73 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680.00 (Risk Retention – Insurance Recovery).
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent
(Memo: The vehicle referred to in Resolution No. 165-09 was operated by a Community Services employee. Another driver was responsible for the accident, and Allstate Insurance Company accepted 100 percent liability for our claim.)
AUDITS:
A motion was made by Legislator Reynolds, seconded by Legislator Fanton and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Hopkins, seconded by Legislator Pullen and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $5,385,437.81 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 $5,755,432.)
ADJOURNMENT: The meeting was adjourned at 3:40 p.m. on a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION
SEPTEMBER 28, 2009
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Army Sergeant Edward P. Haag.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 14 Present; 1 Absent (Legislator Russo).
APPROVAL OF MINUTES:
The Board meeting minutes of September 14, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Edward P. Haag, former United States Army Sergeant, in grateful appreciation of his service to our Country. Mr. Haag’s service dates were from November 1966 to November 1968. Following Basic Training at Fort Dix, NY, assignments included Fort Jackson, SC, and Fort Polk, LA. Overseas duty stations were Vietnam and Korea. Commendations Mr. Haag received included: Combat Infantry Badge, Air Medal, Vietnam Service Ribbon, National Defense Medal, NYS Conspicuous Cross, and Expert Rifle and Machine Gun. Mr. Haag led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Veterans’ Services Agency Director H. Scott Spillane presented the Air Medal to former United States Army Sergeant Edward P. Haag on behalf of a grateful nation. Mr. Spillane noted that the medal is actually five rows of medals and ranks three below the Purple Heart. When asked what he did to earn the honor, Mr. Haag responded it was for numerous helicopter flights.
Chairman Crandall presented a certificate of recognition to Gretchen Hanchett, who accepted on behalf of ACCORD Corporation’s Allegany Business Center. Chairman Crandall congratulated them for the designation as the top Entrepreneurial Assistance Program (EAP) Center in New York State and for receiving the 2009 Award for Excellence in all program areas. There are 24 EAP Centers across New York State. Ms. Hanchett thanked the Legislators for their support. The Business Center offers technical assistance and training to new and existing businesses. Since the program began, they have assisted over 1,000 clients. The Center also administers the Revolving Loan Fund, through ACDSI they're certified CDSI, and they have given out over $1 million in vehicle loans through the Wheels Allegany County Board of Legislators, Regular Session, 09/28/09 Page 2 of 16 for Work Program. Upcoming events include the Fall Business Training Camp, a Credit Repair Class, and eBay University. Also, USDA will be coming out to present opportunities for business owners and for green business development.
District Attorney Terrence Parker, along with Donna Kahm and Karen Hill, presented information on the Southern Tier Child Advocacy Center, which serves children and families in Allegany and Cattaraugus Counties. The Center offers a comfortable, positive way to deal with interviews and services to minimize trauma for young children who have been victimized. All services are made available under one roof to make it easier on the child. Cattaraugus and Allegany Counties began the joint venture about three and one-half years ago under the Southern Tier Health Care System. The Cattaraugus County site was the first to be developed, and they recently moved from the Olean General Hospital location to their own site, enabling them to expand the services they offer including advocacy services, counseling, medical exams, and forensic interviews. They have served 122 cases from Allegany County. A satellite site will soon open in Wellsville at the former Counseling Center on West State Street, which will eliminate travel time to Olean for clients and staff. An open house will be held on October 6.
Youth Court Coordinator Jessica Jennings addressed the Board regarding Youth Court Month and thanked the Board for the proclamation. Over the past five years, 140 Allegany County youth were given the opportunity for a second chance, to learn from their mistakes, and to return something to the community. Offenders are shown by their peers that their behavior is unacceptable, where they could end up, and how their actions affect those around them. They are required to complete community service, make apologies, come back to serve on jury duty in future hearings, and in the end are given a second chance with a clean record and hopefully a fresh start. The program is working to reduce recidivism and actually training offenders to become Youth Court members themselves. It's a good opportunity and gives youth first-hand experience with the justice system, ways to use positive peer pressure, improve their public speaking, and conflict resolution. Successful program completions from March 2004 through September 2009 totaled 122. None of it would be possible without the support and involvement of local justice professionals. Ms. Jennings thanked everyone who is involved and has supported the program.
ACCORD’s Family Services Manager Joy Gilmore spoke about Domestic Violence Awareness Month, and thanked the Board for its continued support, which has a significant impact on grant applications and sends the message to residents that we discourage domestic violence. Annually ACCORD assists about 125 victims through advocacy services, shelter, support groups, family offense preparation services, safety planning, children services, and referrals. ACCORD has begun providing services for victims at Access Centers in Wellsville, Belmont, Belfast, and Friendship.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
Allegany County Board of Legislators, Regular Session, 09/28/09 Page 3 of 16
1. October 2009 Calendar of Board and Standing Committee meeting dates. Changes were noted.
2. Committee of the Whole Meeting Minutes of September 14, 2009 for review.
The following communications were also acknowledged:
1. Correspondence from the Allegany County Capital Resource Corporation regarding the Cuba Memorial Hospital Project and Notice of Public Hearing on Proposed Project and Financial Assistance Relating Thereto scheduled for October 14, 2009, at 10 a.m. at the Cuba Memorial Hospital Board Room in the Village of Cuba, New York.
2. Town of Ward Resolution No. 18-2009 dated September 18, 2009, asking for and supporting the establishment of a multi-year capital bridge plan with the appropriate funding.
3. Correspondence from Assemblyman Daniel Burling acknowledging receipt and support of our resolution opposing the DEC’s proposal to close the NYS DEC Forestry Office located at the Farm Service Center in Belmont. Assemblyman Burling also acknowledged receipt of our resolution to Advance Funding to Expedite the Timetables to Complete Parts of the Appalachian Development Highway System, Corridor U-1 I-99 and Corridor T I-86.
4. Southern Tier West Regional Planning & Development Board News Release regarding their September 17 Board meeting.
5. NYSEG/RG&E News Release dated September 18 regarding their request to the NYS Public Service Commission (PSC) for approval to increase the rates the companies charge to deliver electricity and natural gas to customers.
6. Notice of Negative Declaration – The Town of Pike Town Board has determined that 2009 Amendments to the Town of Pike Comprehensive Plan due to the Dissolution of the Village of Pike will not result in any significant adverse impacts on the environment and issued a Negative Declaration pursuant to Article 8 of the Environmental Conservation Law.
7. Notice of Negative Declaration – The Town of Pike Town Board has determined that the 2009 Amendments to the Town of Pike Zoning Law and Official Zoning Map Due to the Dissolution of the Village of Pike will not result in any significant adverse impacts on the environment and issued a Negative Declaration pursuant to Article 8 of the Environmental Conservation Law.
8. The Allegany County Citizens for Responsible Government submitted a copy of “The Citizen Plan” regarding a solution to the Allegany County Court System dilemma.
9. Chairman Crandall’s Response to “The Citizen Plan.” Chairman Crandall commented that this has been a high profile issue, and the Citizen Plan has appeared on the front page of the newspaper. He distributed his response which includes information with Allegany County Board of Legislators, Regular Session, 09/28/09 Page 4 of 16 specific cost figures taken from studies and information that has been worked on for the past several years. Chairman Crandall felt it was important to point this out and encourage the press to give this information as due time as the Citizen Plan when it was released. His response will be sent to others that have sent him correspondence regarding the issue.
10. Correspondence from Marjanne C. van der Horst referencing “The Citizen Plan” and urging the Board to reconsider the proposed building addition and re-invite Raymond DeTine for an opportunity to answer questions.
11. Certificate of Appreciation from the Allegany County Cancer Services in honor of the Board’s dedication to residents impacted by cancer.
PROCLAMATION:
Chairman Crandall proclaimed the month of October 2009 as Domestic Violence Awareness Month in Allegany County in recognition of the important work being done by the Consortium on Domestic Violence toward improving victim safety and holding perpetrators accountable for their actions against victims and our society as a whole.
RESOLUTIONS:
Resolution Intro. No. 176-09 (Resolution Urging Governor David A. Paterson to Appropriate $60 Million of American Recovery and Reinvestment Act Stimulus Monies to Assist New York’s Dairy Farmers) was amended on a motion made by Legislator Hopkins, seconded by Legislator Dibble and carried, to change the following: under Resolved 1, add “million” after $60; under Resolved 3 toward the end, add “,” after Oliver Orton, strike “and,” and add “Dennis Hill, and NYS Grange Legislative Director” between Chair and Roger Halbert.
The same resolution was further amended on a motion made by Legislator McCormick, seconded by Legislator Pullen and carried, to change the second word of the title from Urging to “Telling.”
RESOLUTION NO. 166-09
RESOLUTION TELLING GOVERNOR DAVID A. PATERSON TO APPROPRIATE $60 MILLION OF AMERICAN RECOVERY AND REINVESTMENT ACT STIMULUS MONIES TO ASSIST NEW YORK’S DAIRY FARMERS
Offered by: Ways and Means Committee
WHEREAS, agriculture, and in particular dairy farming, represents a significant component of the Allegany County economy, and
WHEREAS, New York is the nation’s third largest dairy state generating close to $2.5 billion on an annual basis, and Allegany County Board of Legislators, Regular Session, 09/28/09 Page 5 of 16
WHEREAS, the New York dairy industry is facing perhaps its worst economic crisis ever due to the increasing cost of feed, fertilizer, fuel and utilities, while the price paid the dairy farmer of approximately $11.50 per hundredweight of milk is down almost forty percent from a year ago, and
WHEREAS, a recent Cornell University study estimated that a farmer would need approximately $17 per hundredweight of milk to meet their production costs, and
WHEREAS, dairy farms across New York State are going under due to this financial crisis with many more teetering on the brink, and
WHEREAS, in the New York State 2007-2008 Budget, the state passed the Dairy Assistance Program, providing $30 million of immediate state financial assistance to struggling dairy farmers, and
WHEREAS, in the New York State 2009-2010 Budget, no funding was provided to assist dairy farmers during this current time of crisis, and
WHEREAS, New York has already received $25 billion in federal stimulus funding with more on the way, and
WHEREAS, federal stimulus dollars need to be invested across New York State, and it is critical to the welfare of all New Yorkers that some of those funds be used to avert the economic crisis impacting our dairy industry, now therefore, be it
RESOLVED:
1. That Governor David A. Paterson is urged to appropriate a minimum of $60 million of the ARRA stimulus monies to assist dairy farmers by providing additional direct payments to producers of approximately 50 cents per hundredweight of milk produced.
2. That Governor David A. Paterson is further urged to work with President Barack Obama and Congress to implement appropriate federal legislative solutions for agriculture, including passage of the MILC program and reform of the Federal Milk Marketing System.
3. That certified copies of this resolution be mailed to New York State Governor David A. Paterson, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, NYS Agriculture and Markets Commissioner Patrick Hooker, NYS Farm Bureau President Dean Norton, NYS Farm Bureau Director of Public Policy Julie Suarez, NYS Grange President Oliver Orton, NYS Grange Executive Committee Chair Dennis Hill, and NYS Grange Legislative Director Roger Halbert.
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Hopkins
Allegany County Board of Legislators, Regular Session, 09/28/09 Page 6 of 16
Comments made regarding Resolution No. 166-09 included:
Legislator McCormick requested an amendment to the title of the resolution to change the word “urging” to “telling,” commenting that we’re done asking for help for the dairy farmers, and we’re going to tell Governor Paterson that we need this money. Legislator Hall expressed concern about ramifications of the change in wording and if it would compromise the process of getting the resolution to the Governor’s desk. (See notation regarding amendment above.) Mr. McCormick urged approval of the resolution to bring state dairy farmers some extra money. He also noted that the money won’t go to the dairy farmer, but will go to suppliers, feed dealers, and fertilizer and equipment dealers. The resolution says that the price of milk is $11.50, which is 40 percent less than last year, but that $11.50 is actually about $9.51 after trucking and dairy promotion is taken out of the milk check. This is just a bandaid to the industry. Mr. McCormick referred to the section of the resolution about federal legislative solutions for agriculture, including passage of the MILC program and reform of the Federal Milk Marketing System. That is really the crux of the problem. The federal milk marketing system is similar to our health care – it’s broken, and unless we can institute a quota system on imports and also production, this problem will continue.
RESOLUTION NO. 167-09
RESOLUTION OPPOSING VARIOUS PROPOSED ANTI-GUN OWNER LEGISLATION IN NEW YORK STATE
Offered by: Public Safety Committee
WHEREAS, the “right to bear arms” is guaranteed by the 2nd Amendment to the U.S. Constitution, and
WHEREAS, certain bills passed in the New York State Assembly will have a detrimental effect on hunters, sportsmen and legal gun owners as well as the health of wildlife, revenue to local municipalities and the Department of Environmental Conservation, and
WHEREAS, passage of said legislation would curtail the rights of law-abiding citizens as guaranteed by the Constitution, now, therefore be it
RESOLVED:
1. That the Allegany County Board of Legislators hereby urges the New York State Senate and the Governor to oppose the following onerous and misleading bills:
a. A-801-A (Requires renewal of firearms licenses after five years; safety course requirement outside City of New York; sets expiration date and provides for a recertification schedule to be developed by the Commissioner of Criminal Justice Services)
Allegany County Board of Legislators, Regular Session, 09/28/09 Page 7 of 16
b. A-1093 (Requires imposition of restrictions on gun dealers; stringent record keeping and reporting to prevent gun sales to criminals; requires liability insurance of at least $1 million; restricts premises of sales; requires employee training; prohibits straw purchases; imposes additional license conditions)
c. A-1326 (Outlaws handguns capable of firing by a five-year old or younger, making all current handguns illegal)
d. A-2881 (Defines possession of armor piercing, frangible or devastator ammunition as criminal possession of a weapon)
e. A-2882A (Expanded compilation of firearm and ballistic data)
f. A-3076 (Institution of new training requirements for issuance of firearms permits)
g. A-3211 (Bans sale, use or possession of 50-caliber or larger weapons)
h. A-5844 (Enacts “children’s weapon accident prevention act”; creates crime for failure to store weapons safely; development of a weapons safety program)
i. A-6157 (Amends assault weapon definition to include “detachable magazine,” “muzzle break” and “muzzle compensator”)
j. A-6468B (Requires semi-automatic pistols to be capable of micro-stamping ammunition)
k. A-5078 (Amends definition of “disguised gun” to include weapon or device capable of being concealed on a person from which a shot can be discharged through energy of an explosive, which is designed and intended to appear to be a toy gun)
2. That the Clerk of this Board is directed to send certified copies of this resolution to Governor David Paterson, Assembly Speaker Sheldon Silver, Senator Catharine M. Young, Assembly members Daniel J. Burling and Joseph M. Giglio, NYSAC, all counties’ Administrative Officers/Clerks of the Board, and to each and every other person, institution or agency who will further the purport of this Resolution.
Moved by: Mr. Dibble Adopted: Voice Vote Seconded by: Mr. Fanton
Comments made regarding Resolution No. 167-09 included:
Legislator Kruger commented that this type of resolution from this Board is long overdue. Our rights as citizens of this country don’t stop at gun ownership, but this is a good start, protecting our right to keep and bear arms.
Allegany County Board of Legislators, Regular Session, 09/28/09 Page 8 of 16
RESOLUTION NO. 168-09
AUTHORIZING THE SUBMISSION OF A JOINT APPLICATION FOR A 2009-2010 NEW YORK STATE LOCAL GOVERNMENT EFFICIENCY (LGE) HIGH PRIORITY PLANNING GRANT FOR THE REGIONAL E-911 PLANNING PROJECT
Offered by: Public Safety and Ways and Means Committees
WHEREAS, Allegany County Administrator John E. Margeson, Schuyler County Administrator Timothy M. O’Hearn, and Steuben County Administrator Mark R. Alger have been in discussions regarding the potential savings for each from the implementation of a regional approach to E-911 services, and
WHEREAS, the Local Government Efficiency grant application requires the designation of a Lead Applicant Contact Person, and
WHEREAS, the Steuben County Administrator has agreed to serve as the Lead Applicant Contact Person responsible for the development and submission of a 2009-2010 New York State Local Government Efficiency grant request in the amount of $50,000 in funding, and
WHEREAS, the funds received from the proposed LGE grant award for the Regional E-911 Planning Project will be utilized to obtain the services of a professional consultant to explore potential consolidation of certain aspects of E-911 operations, provide critical redundancy and disaster recovery elements, and to recommend changes to increase regional efficiencies within these services, and
WHEREAS, the Steuben County Administrator and the Schuyler County Administrator have affirmed that each County will dedicate a maximum of $1,700 over two years to the grant-required local match funding, and have requested Allegany County also commit a maximum of $1,700 to satisfy the total local match of $5,000, and
WHEREAS, the Steuben County Administrator has requested that Allegany County adopt a resolution specifically authorizing Steuben County to submit the proposed application for LGE funding and to identify the County as a municipal co-applicant, now, therefore, be it
RESOLVED:
1. The Allegany County Board of Legislators hereby authorizes the Allegany County Administrator to participate in the grant and hereby agrees to authorize the Steuben County Administrator to prepare and submit a joint application for LGE funding for the proposed Regional E-911 Planning Project identifying Allegany County as a co-applicant and authorizes the expenditure of $1,700 over two years as the County’s contribution to the grant- required local match.
Allegany County Board of Legislators, Regular Session, 09/28/09 Page 9 of 16
2. This Board authorizes the County Administrator to represent Allegany County in the negotiation and development of an inter-municipal agreement with Steuben County and Schuyler County in which the respective responsibilities of each County in the proposed project are specifically identified and defined.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Reynolds 14 Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 168-09 included: Emergency Communications Coordinator Russ Hall noted that this is a very preliminary step in the possibility of consolidation, not so much for operational purposes, but maybe for training and equipment.
RESOLUTION NO. 169-09
RESOLUTION IN REGARDS TO RECOVERY ZONE DESIGNATION
Offered by: Ways and Means Committee
WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA) authorizes the County to issue recovery zone economic development bonds in an amount up to $1,684,000 pursuant to a sub-allocation of the national volume cap for Recovery Zone Bonds provided by the Federal Treasury Department, and
WHEREAS, recovery zone economic development bonds are entitled to a direct federal subsidy of 45 percent of the interest thereon, and
WHEREAS, the County is required to designate a recovery zone prior to issuing such bonds, and
WHEREAS, any such bonds must be for expenditures for property located within the recovery zone or otherwise promote economic activity therein, and
WHEREAS, the term recovery zone is defined to mean (1) any area designated by the County as having significant poverty, unemployment, rate of home foreclosures, or general distress; (2) any area designated by the County as economically distressed by reason of the closure or realignment of a military installation pursuant to the Defense Base Closure and Realignment Act of 1990; and (3) any area for which a designation as an empowerment zone or renewal community is in effect as of February 17, 2009, and
WHEREAS, it is now desired to designate the County of Allegany as a recovery zone under ARRA, now therefore, be it
RESOLVED:
1. The County of Allegany is hereby designated as a recovery zone for purposes of ARRA as a result of significant unemployment, home foreclosure rates, and general Allegany County Board of Legislators, Regular Session, 09/28/09 Page 10 of 16 distress as the current recession has had and continues to have a significant adverse impact on the County as a whole.
2. This resolution shall take effect immediately.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 170-09
RESOLUTION ESTABLISHING SOLID WASTE RESIDENTIAL USER FEES FOR YEAR 2010
Offered by: Public Works Committee
RESOLVED:
1. The following solid waste residential user fees, providing for either a one-time fee or a pay as you go fee, are hereby established and shall be charged to users of the Allegany County Solid Waste System during the year 2010:
One-Time Residential User Fee:
$96.00 per year with no need to purchase separate disposal tickets – no proration.
Pay as you go Residential User Fee via sale of Residential Disposal Tickets:
Residential Disposal Tickets displaying squares representing $1.00 for each square, or with some other equivalent representation, will be sold in three denominations:
$10.00 for ten $1.00 squares $20.00 for twenty $1.00 squares $30.00 for thirty $1.00 squares
When disposing of solid waste, Residential Disposal Tickets shall be presented and charged according to the following fee schedule:
Up to a 30 gallon bag - $2.00
55 gallon bag or barrel - $4.00
Bulky items: Large items - couch, mattress, box spring, large cabinet/dresser, or carpet roll - $4.00 Allegany County Board of Legislators, Regular Session, 09/28/09 Page 11 of 16
Small items - chair, table, toilet, sink, small pieces of furniture - $3.00
Any other solid waste, up to a three (3) cubic yard load or a full size pickup loaded to the top of the original sides, and not otherwise described in this fee schedule:
Compact pickup or small trailer with an equivalent Capacity - $15.00
Full size pickup or trailer with an equivalent capacity - $20.00
2. Solid Waste Identification Tags will be issued upon payment of the applicable user fee. A Residential Disposal Ticket shall be deemed to constitute a Solid Waste Identification Tag for purposes of disposing of solid waste at an Allegany County Solid Waste Management Facility. 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. In the event a Residential Identification Tag is lost or stolen, a replacement Residential Identification Tag will be issued for a fee of $25.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 171-09
ACCEPTANCE OF FUNDING FROM THE SUSAN G. KOMEN FOUNDATION AND APPROPRIATION OF SAID FUNDS TO PUBLIC HEALTH ACCOUNTS
Offered by: Human Services and Ways and Means Committees
WHEREAS, the sum of $22,464 has been offered to the Allegany County Department of Health by the Susan G. Komen Foundation to be used in providing breast cancer awareness education and support to residents in Allegany and Cattaraugus Counties who have been diagnosed with breast cancer, now, therefore, be it
RESOLVED:
1. That the sum of $22,464 offered by the Susan G. Komen Foundation is accepted and appropriated to Account No. A4072.4 (Komen Kares Grant) with a like sum credited to Revenue Account No. A08.2705.4071.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 Absent Allegany County Board of Legislators, Regular Session, 09/28/09 Page 12 of 16
RESOLUTION NO. 172-09
INCREASING DEPARTMENT OF SOCIAL SERVICES APPROPRIATION AND REVENUE PROGRAM ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the following Department of Social Services Accounts are increased a total of $380,000 as follows: $380,000 to Account No. A6109.4 with a sum of $76,000 to Revenue Account No. A10.3609.00 and $304,000 to Revenue Account No. A11.4609.00.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent
(Memo: The account increases approved by Resolution No. 172-09 were due to funding for the “Back to School” costs issued by New York State Office of Temporary and Disability Assistance. There was no local share for these costs.)
RESOLUTION NO. 173-09
TRANSFER OF FUNDS WITHIN DISTRICT ATTORNEY ACCOUNT
Offered by: Public Safety Committee
RESOLVED:
1. That the sum of $514 is transferred from Account No. A1165.1 to Account No. A1165.2 for the purchase of a computer.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 174-09
RESOLUTION APPROVING THE PROJECT LABOR AGREEMENT (PLA) FOR THE ALLEGANY COUNTY COURT FACILITIES PROJECT
Offered by: Court Facilities and County Space Needs Committee
WHEREAS, a Project Labor Agreement (PLA) for the Court Facilities Project as drafted by Peter Godfrey, Esq. from Hodgson Russ LLP has been received by the County, now, therefore, be it
Allegany County Board of Legislators, Regular Session, 09/28/09 Page 13 of 16
RESOLVED:
1. That the Project Labor Agreement as drafted by Peter Godfrey, Esq. from Hodgson Russ LLP for the Allegany County Court Facilities Project is approved.
2. That the Chairman of this Board is authorized to execute the Project Labor Agreement.
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Hopkins 10 Ayes, 4 Noes, 1 Absent Voting No: Kruger, Reynolds, Truax, Ungermann
Comments made regarding Resolution No. 174-09 included:
Legislator Kruger reiterated a previous comment that $3.6 million is a lot to save on a $13 million project; it’s not going to happen. He noted that he felt almost compelled to support this resolution, because so much has been spent trying to find out how much money we’ll save, that you almost have to now. Mr. Kruger expressed concern about the lack of time to review the Benefits Analysis Report prepared by Seeler Engineering. He questioned how they determined the $126,000 in savings from utilizing ten-hour days, when it’s all one work site. The savings in long days is usually from not having to move to another location. Tim Seeler, from Seeler Engineering, explained that in reviewing the way the work gets executed, you typically find that there is a certain amount of time spent setting up, cleaning up, and breaking down. If you can eliminate that, you can credit about one hour of productivity per day. This project involves two pieces: the building going on out back, and working inside the existing space. There is a fair amount of inefficiency in moving from space to space, and they have found an increased productivity with the longer work day. This is their best projection.
Legislator Ungermann noted that the Board would be voting on the resolution without having thoroughly reviewed the Benefits Analysis Report. He referenced a section of the report that stated, “In his proposed legislation for blanket exemption from Wick’s Law, Governor Pataki reported that the Wicks Law adds 10 percent to construction cost in New York State. A ten percent reduction in cost would represent a $1,200,000 savings to the Courthouse Project.” Governor Pataki assumed a ten percent savings across the board. “Savings as significant as 20 to 30 percent would not be anticipated for this project; however, even applying a more conservative projection, a potential for cost reduction of up to $1,200,000 may be available.” Mr. Ungermann stated that there would be no guarantee. We have spent a lot of money to get to this point, and he’s not convinced the County will save $1.2 million.
Chairman Crandall commented that the cover page of the report is specific to our project, and the potential savings related to labor is $192,000. He asked Mr. Seeler to clarify Section 6, which Legislator Ungermann was referring to. Mr. Seeler explained that they look at two things for these studies. The first is very specific and is required for the process, and that is how much the agreement is going to impact dollars in work execution; for this project $192,000. They look at labor execution, the hours, the way the work is executed, the dollars Allegany County Board of Legislators, Regular Session, 09/28/09 Page 14 of 16 per hour, and premiums associated with it in order to define and estimate those savings. The second part is less tangible, but still benefits indirectly, although not defined in exact dollars. Those are the things addressed in Section 6: the potential for savings from waiving the Wicks Law, the potential avoidance of strikes, and those kinds of things. They aren't figured into the bottom line on dollar savings. The County's decision should be based on the dollars - the $192,000. Are they solid? Are we going to benefit from this agreement? The County also has to decide if the agreement is equitable as it applies to everyone. In Seeler's opinion, it is. It contains all the conditions that allow free access of market. If the County chooses to go in this direction, then we will get those benefits indicated in Section 6.
Legislator Pullen commented that he expects to see substantial savings with this agreement, but no one can guarantee it. There is a pattern clearly established across the state throughout the past 90 years since the Wicks Law has been on the books. There have been exemptions granted to different governmental entities, and when they didn’t have to comply there were substantial savings. Thirty percent would be great, but ten percent is what Governor Pataki had estimated as the minimum savings, although there is no guarantee. The County retained counsel and negotiated a Project Labor Agreement that is very detailed and contains many favorable aspects. We can adopt the PLA without going with the Wicks Law waiver, but it doesn’t go the other way. If we don't adopt this, we have no choice but to go with the multiple prime contractors, we would have to go with the construction manager rather than clerk of the works, and have various other issues. Overall, on its own, Mr. Pullen stated he could not walk away from the $192,600 in taxpayer money, nor could he walk away from the potential ten percent Wicks Law related savings. Even five percent would still be over $600,000. The committee has looked at this and approved it, and he strongly encourage the Board support it. Mr. Pullen believes it will show benefit, especially in the economic climate we're looking at. There are a lot of workers on unemployment, there are very few public projects. We are being forced to do this project, and since we have to do it, we want to spend as little as possible.
Legislator Reynolds applauded Mr. Pullen for all the hard work and many hours spent to bring all this information together. But, with all the limits put in this PLA, it's still a government imposed, union only PLA that carries all the harms inherent in PLAs. This includes excessive costs that necessarily flow from excluding non-union bids from the project, and the infringement on individual rights that necessarily occur from forcing employees to accept union representation and to pay monies to unions to work on a taxpayer-funded construction project. Mr. Reynolds stated that it would be difficult to support this PLA, although this agreement was very well done.
Legislator Hopkins responded that as he understood it, this agreement does not force employees to pay money to the unions. Legislator Pullen explained that through the PLA, non-union employees do not have to pay dues, but there is a fee that would go to each of the unions, excluding things such as their typical lobbying, and it goes into what they call core aspects that would be involved in this. That is one of the downsides.
Legislator McCormick commented on the PLA's effect on the unions and trades doing the work. It will be union representatives doing the actual high-back work, such as masonry work Allegany County Board of Legislators, Regular Session, 09/28/09 Page 15 of 16 and the like, and as union members, their workmanship is guaranteed. As union carpenters or union plumbers, they've already passed the bar and they have their cards as qualified workmen. Also as union members, they have attended numerous safety training meetings. The unions already sat down at the table, but they haven't signed yet. That concerns him. They want the project to come in under the time limit, they are aware of the County’s budget, and from what he's heard, they want it come in within the budget. We have a lot of qualified union workers in the County, and as the project moves forward, a lot of local people will be employed. Mr. McCormick felt that this PLA is the best way to go other than the Wicks Law.
Chairman Crandall clarified that it was his understanding that the agreement has been approved by each of the unions, and they are just waiting for our action before signing. Mr. Pullen confirmed that was what he was told by Peter Godfrey, who negotiated for the County.
Legislator Kruger stated that he would not support this, because he hasn't supported any facet of this new Courthouse addition when we have so much space available to us. We are walking away from substantial savings by not using the space we have available.
Legislator Ungermann commented further on being asked to vote on something the legislators haven't had a chance to read or digest. One thing he has gathered from this is that with a PLA, a lot more money can be saved with the more labor intensive projects. Remodeling the old jail would be more labor intensive than building new. There is no control over the cost of building supplies; savings come on the labor. The more you do in renovations, the more you can save.
Resolution Intro. No. 185-09 (Transfer of Funds within Public Health Accounts) was not pre-filed and was considered from the floor on a motion made by Legislator Hall, seconded by Legislator Dibble and carried by an affirmative voice vote of the requisite two- thirds of the Board membership.
RESOLUTION NO. 175-09
TRANSFER OF FUNDS WITHIN PUBLIC HEALTH ACCOUNTS
Offered by: Legislator Brent L. Reynolds
RESOLVED:
1. That the sum of $5,000 is transferred from Account No. A4010.1 to Account No. A4189.2, to cover the cost of 7 HP Notebooks and related software.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. McCormick 14 Ayes, 0 Noes, 1 Absent
(Memo: The Notebook computers and software authorized in Resolution No. 175-09 will be utilized by Health Department staff to help with vaccination implementation during the H1N1 Allegany County Board of Legislators, Regular Session, 09/28/09 Page 16 of 16 pandemic. It will allow staff to input clinical data and to track expenses and related activity to meet federal guidelines for H1N1 funding requirements. These expenses will be reimbursed 100 percent under the H1N1 funding.)
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 Legislator Truax, seconded by Legislator Fanton and adopted on a roll call vote of 12 Ayes, 2 Noes, 1 Absent, that the audit of claims, totaling $1,539,679.18 including prepaid expenses, be approved for payment as recommended by the County Administrator (Opposed: Kruger, Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $6,053,050.)
COMMENTS:
Legislator Ungermann reported that the Cuba Garlic Festival was an astounding success this year, with 8,369 paid admissions, not including children, vendors, or volunteers. Last year, there were a little over 5,000.
Legislator Kruger noted that at the last meeting of Citizens for Responsible Government, the public was granted a tour of the former Belmont school. He requested that the former jail space be made available for a similar tour. There's been disagreement on what’s usable, and the public should be able to see and judge for themselves. The next meeting is October 5, and if possible, they'd like a tour of that space from about 8:30 to 9:30. Chairman Crandall replied that he would investigate it. The space is not public-friendly right now and there are some secure storage issues. Legislator Reynolds noted that whether the public likes the space is superfluous. The state rejected it.
ADJOURNMENT: The meeting was adjourned at 3:25 p.m. on a motion made by Legislator Truax, seconded by Legislator Dibble and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION
OCTOBER 13, 2009
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Army Specialist 4th Class Virgil Garner.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 13 Present; 2 Absent (Legislators Reynolds and Truax).
APPROVAL OF MINUTES:
The Committee of the Whole meeting minutes of September 14, 2009, were approved on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Virgil Garner, former United States Army Specialist 4th Class, in grateful appreciation of his service to our Country. Mr. Garner’s service dates were from June 1965 to May 1967. Following Basic Training at Fort Dix, NJ, Mr. Garner was stationed in Fort Sam Houston, Texas, where he took Medical Training, and he served overseas in Germany. Mr. Garner led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall recognized Legislator Dwight Fanton for having successfully completed the course requirements of the Dennis A. Pelletier Institute in September 2009, at the annual NYSAC Conference. This is a comprehensive, educational program for County officials developed jointly by New York State Association of Counties and Cornell University.
Chairman Crandall granted privilege of the floor to the following:
Allegany County Area Foundation Executive Director Robert Christian shared information about the Foundation. They cover a wide array of collecting donations and distributing those funds throughout the County by way of grants and awards. Mr. Christian thanked the Board for their support. Over the past year, their 25th anniversary, they were able to give back to the community over $260,000 in grants and scholarships. Although the present year has been a challenge with the condition of the markets, they are still giving many scholarships and some grants to smaller organizations throughout the County. On behalf of the Board, Chairman Crandall presented Mr. Christian with a check for the Foundation drawn from the Legislators' flower fund.
Allegany County Board of Legislators, Regular Session, 10/13/09 Page 2 of 16
William Heaney spoke about the Bare Knuckle Boxing Hall of Fame activities to be held in Belfast during the coming weekend. He highlighted a schedule of events and summarized some of the history surrounding the dedication of the Hall of Fame. Celebrities from all over the country will be participating. Mr. Heaney distributed information on John Sullivan, who was trained and rehabilitated by William Muldoon at his barns in Belfast in 1889. Sullivan then went on to become the undisputed bare knuckle boxing champion of the world by defeating his opponent Jake Kilrain in Richburg, Mississippi in a 75-round fight that lasted nearly three hours. The barns that Sullivan trained in are currently being moved to a new location and will become a tourist stop and museum.
Helen Evans, Allegany/Western Steuben Rural Health Network Program Coordinator addressed the Board on Aging in Place Week. The Rural Health Network and the Community Partnership on Aging started a project to look at Allegany County and its prospect for people being able to age in place and do so with dignity and quality of life. In the process, they created the Allegany County Strategic Plan for Aging in Place, which has been reviewed by the County's Comprehensive Planning Committee. They received state recognition as one of three counties in the state to obtain a New York State Office for the Aging Community Empowerment for Successful Aging Grant. Through the Community Partnership on Aging, they have embarked on celebrating Aging in Place Week, looking for communities to embrace seniors living in a community to be able to do so with quality of life, dignity, and respect. Ms. Evans highlighted some of the events already taking place during the week.
Linda Devlin, Executive Director of the Allegheny National Forest Visitors' Bureau, McKean County Tourism, gave a presentation on their newest endeavor, which includes a hard-cover book entitled, "Pennsylvania Crude - Boomtowns and Oil Barons" and the accompanying Road Trip Driving CD. This is an educational marketing project to increase awareness of the area's rich oil heritage and linking key attractions to establish the area as a multi-day tourism destination. The project encompasses six counties: Butler, Venango, Crawford, Warren, and McKean Counties in Pennsylvania, and Allegany County in New York State. They worked with a variety of funding partners, including state and federal.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. 2010 Allegany County Tentative Budget.
2. Report of Intrafund Transfers approved by the County Administrator in September.
3. Report of Tax Bill Corrections approved by the County Administrator in September.
4. Board Meeting Minutes of September 28, 2009 for review.
Allegany County Board of Legislators, Regular Session, 10/13/09 Page 3 of 16
The following communications were also acknowledged:
1. The County Treasurer filed a copy of the Audit Report for the Year Ended December 31, 2008, prepared by the firm of Eldredge, Fox & Porretti in the Clerk of the Board’s Office on September 28, 2009.
2. Notice of next InterCounty Association meeting to be hosted by Wyoming County on October 16 in Warsaw.
3. Correspondence from Senator Catharine Young confirming receipt and support of our resolution opposing the closure of the NYS DEC Forestry Office in Belmont along with a copy of her News Release and letter to the Governor regarding this matter.
4. Correspondence from Allegany County Cancer Services President Lori Ballengee thanking the Board for its support.
5. Notice from the Allegany Business Center that they are presenting a Grant Opportunities Workshop on October 28 from 6 to 7 p.m. at the Crossroads Commerce and Conference Center.
PROCLAMATION:
Chairman Curtis Crandall proclaimed October 17, 2009, as Bare Knuckle Boxing Hall of Fame Day in Allegany County in recognition of its existence and importance to our local, national, and international history.
Chairman Curtis Crandall proclaimed the week of October 12 to 17, 2009, as Aging in Place Week in Allegany County to encourage residents to become proactive in planning for their future and raise awareness of the various services available to make independent living work for as long as possible.
INTRODUCTION OF LEGISLATION:
Legislator Theodore Hopkins introduced Local Law Intro. No. 2-2009, Print No. 1, entitled, “A Local Law to Provide Increases in the Compensation of Certain County Officers,” a copy of said proposed Local Law having been placed on each legislator’s desk.
RESOLUTIONS:
RESOLUTION NO. 176-09
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
Allegany County Board of Legislators, Regular Session, 10/13/09 Page 4 of 16
WHEREAS, on this 13th day of October, 2009, a local law (Intro. No. 2-2009, 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 said proposed local law, now, therefore, be it
RESOLVED:
1. That a public hearing shall be held on October 26, 2009, 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. 2-2009, 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. Hall Adopted: Roll Call Seconded by: Mr. Hopkins 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 177-09
MEMORIALIZING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF NEW YORK TO ADOPT BILL NOS. S.6004/A AND A.7504-B RELATIVE TO COLLATERAL SOURCES
Offered by: Ways and Means Committee
WHEREAS, under current state law, public employees hurt on the job are paid twice, both times out of the taxpayer’s pocket for the same lost future earnings; and
WHEREAS, there is a bill proposed by the NYS Trial Lawyers Association that has now been introduced in the Legislature, (S.6004/A, formerly S.4080-A, by Senator Schneiderman; A.7504-B, formerly A.7504.A, by Assemblyman Weinstein), which, in addition to ending the unfair double recoveries against public employers, removes an impediment to the settlement of tort actions; and
WHEREAS, the bill would protect all parties in the lawsuit, (including public employer defendants), who settle the case from then being subjected to a claim by a health benefit provider or other collateral source payer for reimbursement of monies paid to the plaintiff, unless there is a statutory right to such reimbursement, thereby encouraging settlement; now, therefore, be it
Allegany County Board of Legislators, Regular Session, 10/13/09 Page 5 of 16
RESOLVED:
1. That this Board of Legislators does hereby memorialize the Governor and the Legislature of the State of New York supporting these bills and urges our lawmakers to vote into law.
2. That certified copies of this resolution shall be forwarded to Governor David A. Paterson; Counsel to the Governor Peter J. Kiernan; New York State Senate Majority Leader Pedro Espada, Jr.; New York State Senate President Malcolm A. Smith; New York State Senate Democratic Conference Leader John L. Sampson; Senator Catharine M. Young; New York State Assembly Speaker Sheldon Silver; New York State Assembly Majority Leader Ron Canestrari; New York State Assembly Minority Leader Brian M. Kolb; Assemblyman Daniel J. Burling; and Assemblyman Joseph M. Giglio.
Moved by: Mr. Hopkins Adopted: Voice Vote Seconded by: Mr. Pullen
RESOLUTION NO. 178-09
RESOLUTION OPPOSING A NEW STATE FEE FOR ISSUING LICENSE PLATES
Offered by: Legislator Daniel Russo
WHEREAS, this legislative body has a record of advocating for the best interests of the residents of Allegany County, and
WHEREAS, members of this legislative body have registered opposition to the more than 100 tax and fee increases included in the 2009-2010 state budget approved by state lawmakers and the Governor, noting that these increases occur during a prolonged recession, and
WHEREAS, another new state fee will add to the costs being borne by state residents, with motorists required to exchange license plates and exchange those license plates with new state-issued license plates at a cost of $25 each, and
WHEREAS, there is an additional expense of $20 for motorists who wish to keep the same license plate number, and
WHEREAS, County Clerks, including Allegany County Clerk Robert L. Christman, have stated their doubts regarding the effectiveness of the program, noting the last license plate exchange occurred a relatively short time ago in 2001 at a much reduced cost of $5.50, and
WHEREAS, this legislative body is concerned about the high number of taxes and fees being imposed by the state during a recession and urges the Governor to delay or Allegany County Board of Legislators, Regular Session, 10/13/09 Page 6 of 16 cancel implementation of the license plate exchange fee, scheduled to go into effect in April, 2010, now, therefore, be it
RESOLVED:
1. That this legislative body does hereby declare opposition to the license plate exchange fee, noting concerns about the effectiveness and need of the program and the costs for New Yorkers already coping with the ongoing recession, and urges that the implementation of the exchange program be cancelled or delayed.
2. That the Clerk of this legislative body is hereby directed to transmit copies of this resolution to Governor David A. Paterson, State Senator Catharine M. Young, Assembly Majority Leader Ron Canestrari, Assemblyman Joseph M. Giglio, and Assemblyman Daniel J. Burling.
Moved by: Mr. Russo Adopted: Voice Vote Seconded by: Mr. Fanton
Comments made regarding Resolution No. 178-09 included:
Legislator Russo thanked County Clerk Robert Christman for helping to put the resolution together. This state proposal will require vehicle owners to change plates, charging them $25 and an additional $20 if they want to keep the same number. Asking people to pay $45 during a time of recession when things are tight is absurd. Mr. Russo's research showed plates were changed as recently as 2001, and the plate change fee at that time was $5.50.
Legislator Dibble commented that Albany is being run by New York City, which has mass transportation. We have to support that mass transportation by paying fees to drive. It's not equitable.
Legislator Ungermann noted that this is just one of a hundred such taxes and fees that small businesses are forced to pay. He cited other examples: the fee for the privilege of selling cigarettes used to be $100, and is going to $1,000; to be able to sell coffee in a convenience store, the fee went from $100 to $400.
Legislator Pullen commented that in rural areas like this, we don’t have access to mass transit; we do need our vehicles. This is not an avoidable expenditure. The state doesn’t know when to stop. The answer is to cut spending, not to continually raise fees. Passing costs down to us, requiring localities to pay more, is the state's overall mindset. It's not enough to balance the budget, they have to cut costs. Mr. Pullen supported the resolution in hopes that we can get the message to Albany that enough is enough.
Legislator Kruger agreed with Mr. Pullen on telling the state that enough is enough. The counties and NYSAC have been telling the state that for a long time. We have to say no to these state mandates – that's the only answer. The state will continue to ignore and continue unfunded mandates until they find it's impossible to force us to go along with them. Allegany County Board of Legislators, Regular Session, 10/13/09 Page 7 of 16
RESOLUTION NO. 179-09
REQUESTING NEW YORK STATE TO TAKE BACK LOCAL SHARE OF MEDICAID AS A COMPONENT OF TRUE MEDICAID REFORM
Offered by: Human Services Committee
WHEREAS, a looming Medicaid crisis exists in New York State and has not been adequately addressed by our state representatives for many years, and
WHEREAS, for nearly two decades, state legislatures have hidden behind their inability to pass an on-time state budget as an easy excuse for avoiding true Medicaid Reform, and
WHEREAS, New York State is one of the few states nationwide that passes down a percentage of Medicaid costs to the county level, which in New York State amounts to 20 to 25 percent on average, and
WHEREAS, our state leaders need to boldly step forward in a non-partisan fashion, make the hard hitting and decisive decisions, many of which may not be popular to voters at home, but which decisions will start us on the road to true Medicaid Reform, and
WHEREAS, true Medicaid Reform will stem reverses in economic growth and migration away from New York State of businesses and taxpayers to more friendly environs, will stabilize economic impacts on health care providers, and will modernize current laws that allow for shielding of large levels of income by individuals who should pay for their care, and
WHEREAS, without true reform, Medicaid will continue to grow and strip the likes of Allegany County of their vitality and any hope of fiscal stability for years to come, and
WHEREAS, Allegany County is tired of bearing unfunded mandates and placing them on the backs of its taxpayers, and
WHEREAS, Allegany County views New York State’s Medicaid Cap as nothing more than smoke and mirrors, and
WHEREAS, true Medicaid Reform would include, as an integral part, New York State taking back all Medicaid costs passed down to counties, and
WHEREAS, Allegany County proposes that the State of New York start taking back the local share, implementation of which should span a five-year period at the rate of twenty percent of the local share per year, so that at the conclusion of the five-year period the state would be bearing the full load of Medicaid, and
Allegany County Board of Legislators, Regular Session, 10/13/09 Page 8 of 16
WHEREAS, implementation of this program should not include offsetting by county revenues such as sales tax or the like, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators requests that the State of New York, as part of larger true Medicaid Reform, take back the local costs paid by counties statewide, which program should be implemented over a five-year period at the rate of twenty percent per year, so that at the end of that term the State of New York shall bear all Medicaid costs statewide without contribution by offset or otherwise from counties.
2. That the Clerk of this Board shall forward copies of this resolution to Governor David A. Paterson, Senators Charles E. Schumer and Kirsten Gillibrand, U.S. Representative Eric Massa, New York State Senator Catharine M. Young, and New York State Assemblymen Daniel J. Burling and Joseph M. Giglio.
Moved by: Mr. Dibble Adopted: Voice Vote Seconded by: Mr. Fanton
Comments made regarding Resolution No. 179-09 included:
Legislator Kruger stated that here again is one more unfunded mandate. The $45 license plate fees will be a drop in the bucket compared to the fees that the state will have to come up with in order to take over the counties' present share of Medicaid.
Legislator Pullen commented that his understanding is that about 53 to 55 percent of the entire state budget is absorbed in the cost of Medicaid. In addition to that, a significant portion of the Medicaid program is shifted to the counties. That is only done in one other state in the country. New York's Medicaid program offers superior insurance compared to what many of us could buy outright, and you have to be indigent to get it. While debating health care reform, the state is providing a "Cadillac" program that the wealthiest of us can't buy. There needs to be limits, and people need to be aware of the costs. We are providing an incentive for people not to work, because they don’t want to lose their Medicaid benefits. The system will continue to run out of control making funding unavailable for other worthwhile programs. New York State spends more for Medicaid than California, which has more than double our population.
Legislator Dibble noted that Medicaid is a federal program that the states run. The solution may be federal legislation stating that the states can’t pass Medicaid costs down to the county level.
Allegany County Board of Legislators, Regular Session, 10/13/09 Page 9 of 16
RESOLUTION NO. 180-09
A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2008 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 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.
Allegany County Board of Legislators, Regular Session, 10/13/09 Page 10 of 16
4. That the Tax Collector of the Town of Almond is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Cornerstone Homes, Inc., Michael & Renee Evingham: Parcel 139.-1-18 Assessment: Land $37,700 Total $37,700 this parcel is a duplicate parcel and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:
Allegany County $617.19 Town 325.88 Fire 17.70 School Relevy 210.66 Total $1,171.43
5. That the Tax Collector of the Town of Wellsville is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Macauley, Jacqueline: Parcel 252.-1-80./3 Assessment: Land $7,500 Total $7,500 this parcel was included in a mobile home park, and the County Treasurer is directed to make the following charges on her books:
Allegany County $67.89 Town 46.61 Total $114.50
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, 2010. The County Treasurer shall send a written notice to each school of the amount of such deduction prior to May 1, 2010.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Hall 13 Ayes, 0 Noes, 2 Absent
Allegany County Board of Legislators, Regular Session, 10/13/09 Page 11 of 16
RESOLUTION NO. 181-09
INCREASING APPROPRIATION AND REVENUE IN OFA – TITLE VII ELDER ABUSE ACCOUNT
Offered by: Human Services and Ways and Means Committees
WHEREAS, the Office for the Aging has advised that OFA –Title VII Elder Abuse appropriation and revenue accounts should be increased due to an increase in federal funds for such accounts, now, therefore, be it
RESOLVED:
1. That the sum of $1,512 is appropriated to Account No. A6781.402 (OFA – Title VII Elder Abuse – Mileage), with a like sum credited to Revenue Account No. A11.4772.05 (OFA Elder Abuse – Title VII Program).
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Russo 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 182-09
ACCEPTANCE OF FUNDS FROM NEW YORK MUNICIPAL INSURANCE RECIPROCAL (NYMIR) AND APPROPRIATION OF SAME TO RISK RETENTION ACCOUNTS
Offered by: Ways and Means Committee
WHEREAS, a check was received in the amount of $506.75, representing a reimbursement less a $200 deductible, for expenses associated with the repair of a 2007 Dodge Caliber assigned to Office for the Aging that was damaged when the vehicle struck a dog on August 31, 2009, now, therefore, be it
RESOLVED:
1. That the sum of $506.75, representing reimbursement to repair damages of a 2007 Dodge Caliber, is accepted.
2. That the accepted sum of $506.75 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss), with a like sum credited to Revenue Account No. CS07.2680.00 (Risk Retention – Insurance Recovery).
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Fanton 13 Ayes, 0 Noes, 2 Absent
Allegany County Board of Legislators, Regular Session, 10/13/09 Page 12 of 16
RESOLUTION NO. 183-09
TRANSFER OF FUNDS WITHIN EMPLOYMENT AND TRAINING APPROPRIATION ACCOUNTS
Offered by: Ways and Means Committee
RESOLVED:
1. That the transfers of the following appropriations are approved:
From: To: Amount:
CD16400.101 CD16406.101 $ 8,000 CD16400.101 CD16410.101 10,000 CD16400.101 CD16402.474 5,000 CD16403.101 CD16412.101 9,000 CD16794.101 CD16400.411 4,000 CD16400.806 CD16406.806 4,000 CD16400.806 CD16410.806 5,000 CD16403.806 CD16412.806 4,000
Total $49,000
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Hall 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 184-09
APPROVAL OF AGREEMENTS WITH APPROVED PROVIDERS OF PROGRAMS, SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES
Offered by: Human Services Committee
RESOLVED:
1. That Agreements titled "County of Allegany Contract for Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with Pathways, Inc., for the period September 1, 2009, to August 31, 2010, and Friendship Central School for the period July 1, 2009, to August 31, 2010, are approved.
2. That the Chairman of this Board is authorized to execute such Agreements.
Moved by: Mr. Russo Adopted: Roll Call Seconded by: Mr. Hall 12 Ayes, 1 No, 2 Absent Voting No: Kruger Allegany County Board of Legislators, Regular Session, 10/13/09 Page 13 of 16
Comments made regarding Resolution No. 184-09 included:
Legislator Pullen stated that this program for preschoolers with disabilities is more an educational program than anything the county government has historically been involved in, but the state mandates that counties are responsible for administration. One reason may be that they give a higher ratio of reimbursement for educational school programs than they do for county programs. Not only are they shifting spending to lower levels of government, but they're doing it in a way that makes no structural sense, just to save their own dollar. Mr. Pullen was voting in favor of the resolution, but it needs to be pointed out that this should be done under education through the school system.
Legislator Kruger noted that although we have to pay for the program, we have no oversight. He stated that he would be voting against the resolution to buck the state on this unfunded mandate. It's never going to change any other way. Mr. Kruger referenced the public outcry against the nuclear waste dump site, which was ultimately stopped.
RESOLUTION NO. 185-09
RATIFYING AND APPROVING LETTER AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A DIGITAL FINGERPRINTING SYSTEM; AUTHORIZING SHERIFF TO EXECUTE LETTER AGREEMENT
Offered by: Public Safety Committee
RESOLVED:
1. That Letter Agreement dated August 24, 2009, between New York State Division of Criminal Justice Services and the County of Allegany for a digital fingerprinting system with a payment of $1,600 as an initial deposit is ratified and approved.
2. That the Allegany County Sheriff is authorized to execute the Letter Agreement.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Pullen 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 186-09
APPROVAL OF AGREEMENT BETWEEN COUNTY OF ALLEGANY AND ALLEGANY COMMUNITY DEVELOPMENT SERVICES, INC. (ACDSI)
Offered by: Ways and Means Committee
Allegany County Board of Legislators, Regular Session, 10/13/09 Page 14 of 16
RESOLVED:
1. That the Agreement between the County of Allegany and Allegany Community Development Services, Inc. (ACDSI) for the financial administration and management services for the Allegany County Revolving Loan Fund is approved.
2. That the Chairman of this Board is authorized to execute such Agreement.
Moved by: Mr. Hopkins Adopted: Roll Call Seconded by: Mr. Hall 13 Ayes, 0 Noes, 2 Absent
RESOLUTION NO. 187-09
APPROVAL OF LEASE-PURCHASE AGREEMENT FOR A KYOCERA TASKALFA 820 COPY MACHINE; AUTHORIZING CLERK OF THE BOARD TO EXECUTE LEASE-PURCHASE AGREEMENT
Offered by: Ways and Means Committee
WHEREAS, the lease on the County’s large central service copier expires on September 30, 2009, and
WHEREAS, the Clerk of the Board of Legislators distributed the competitive bids that were submitted for the lease-purchase of a new copy machine for the County, and
WHEREAS, the competitive bid for the lease-purchase of a new copy machine has been awarded to Kyocera Mita America, Inc., c/o James B. Schwab Company, and
WHEREAS, Kyocera Mita America, Inc. has submitted a 36-month lease-purchase agreement for an estimated monthly payment of $569, now, therefore, be it
RESOLVED:
1. That the lease-purchase agreement between the County of Allegany and Kyocera Mita America, Inc. from October 1, 2009, to September 30, 2012, is approved.
2. That the Clerk of the Board of Legislators is authorized to execute such lease- purchase agreement and other documents necessary to complete the transaction.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Pullen 13 Ayes, 0 Noes, 2 Absent
Allegany County Board of Legislators, Regular Session, 10/13/09 Page 15 of 16
Resolution Intro. No. 198-09 (Resolution in Opposition of New York State Department of Transportation [NYSDOT] Reasonable Access Highway Regulation) was not pre-filed and was considered from the floor on a motion made by Legislator Fanton, seconded by Legislator Pullen and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION NO. 188-09
RESOLUTION IN OPPOSITION OF NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) REASONABLE ACCESS HIGHWAY REGULATION
Offered by: Ways and Means Committee
WHEREAS, the Allegany County Board of Legislators recognizes the need of large transport trucks to supply our communities and farms, and
WHEREAS, large agricultural trucks are using highways through our region to deliver local goods outside and within the region and also act as a safer and faster alternative to Interstate highways, and
WHEREAS, proposed New York State Department of Transportation (NYSDOT) route restrictions for the Finger Lakes region will cause a negative economic impact on our agricultural community creating millions of dollars of increased costs to an already struggling industry, and
WHEREAS, the New York State Department of Transportation (NYSDOT) has promulgated regulations to restrict routes in the Finger Lakes region with the likelihood of restrictions also being imposed within Allegany County that will create severe economic difficulties by limiting truck traffic in the County, and
WHEREAS, these restrictions will result in many agricultural trucks being eliminated from certain routes within the County and require the establishment of alternative routes which will be more expensive for agricultural businesses, and
WHEREAS, food costs for consumers will rise due to the additional costs borne by the agricultural community and for transportation to markets, now, therefore, be it
RESOLVED:
1. That this Board of Legislators urges Governor Paterson and the New York State Department of Transportation to rescind the proposed regulations as quickly as possible.
Moved by: Mr. Fanton Adopted: Voice Vote Seconded by: Mr. Pullen
Allegany County Board of Legislators, Regular Session, 10/13/09 Page 16 of 16
Comments made regarding Resolution No. 188-09 included:
Legislator Ungermann felt that these regulations were a result of people not wanting to be inconvenienced by truck traffic in the very tourist-oriented area around the Finger Lakes. That may be where it started, but it will eventually happen everywhere. When we start looking at the environmentally green movement, it should be pointed out that the emission control on big trucks cause them to burn 20 percent more fuel. He fails to understand how burning more fuel and driving more miles getting to the destination is better for the environment.
Legislator Pullen commented that if he was more impressed with the state’s ability to plan, he might be more comfortable with them laying out these routes, but he's not impressed with the state's ability to plan and run their own business. He doesn’t want the state telling agricultural producers and others in that field how to run their business. New York Farm Bureau is behind this effort and requested it. Let business run business. The state should stay out of areas where they don't belong.
AUDITS:
A motion was made by Legislator Dibble, seconded by Legislator Fanton and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Hopkins, seconded by Legislator Dibble and adopted on a roll call vote of 13 Ayes, 0 Noes, 2 Absent, that the audit of claims, totaling $3,288,693.81 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 $6,350,668.)
COMMENTS:
Legislator Dibble reported on his recent canoe trip to look at a six-mile stretch of the Genesee River with Representative Massa. During the spring thaw, if there is a lot of ice pack in the hills, that volume of run-off added to the rains causes the loss of a lot of property to Lake Ontario via the river. They are trying to solve the problem at the federal level, and he is encouraged with the progress.
Chairman Crandall commented on the movie and other events for the kick-off of Aging in Place Week. There are a lot of things going on in the County.
Legislator Pullen noted that earlier today, a ground-breaking ceremony took place for the new Office for the Aging and Veterans' Agency facility at the Crossroads location. This is long overdue; we can’t get our personnel into those facilities soon enough.
ADJOURNMENT: The meeting was adjourned at 3:25 p.m. on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION
OCTOBER 26, 2009
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:15 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Army Major H. Scott Spillane.
INVOCATION: The Invocation was given by Legislator Reynolds.
ROLL CALL: 15 Present; 0 Absent.
APPROVAL OF MINUTES:
The Board meeting minutes of September 28, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried.
The Board meeting minutes of October 13, 2009 were approved on a motion made by Legislator Reynolds, seconded by Legislator Hopkins and carried.
PUBLIC HEARING:
Chairman Crandall closed the regular meeting to hold a public hearing on Local Law Intro. No. 2-2009 entitled, “A Local Law to Provide Increases in the Compensation of Certain County Officers.” Comments from the public included the following:
William Wilson from Scio voiced his contention that since the federal government has already said there is no inflation, and there will be no cost-of-living allowances for Social Security recipients, there is no point in granting a six-plus percent increase in these people’s compensation. It may be that the Legislature is satisfied with them, and they may be doing a very good job, which is what they’re expected to do for their pay. If they are dissatisfied with their positions because of what they’re being compensated, then let them seek employment elsewhere. There would be a number of people in this County who would be qualified for those positions. The County taxpayers can’t afford this. A lot of people are retired and can do nothing about their income; they are at the mercy of forces they can do nothing about. This is something the legislators can do something about. Mr. Wilson was not saying these people are doing a bad job, but when they were hired, they knew what the compensation for the position would be. If they are dissatisfied, let them make a public point of it and maybe something can be done, but there shouldn’t be any reason for dissatisfaction with what their compensation and benefit packages are. Mr. Wilson didn’t see the need at this point to add to the taxpayers’ burden.
Allegany County Board of Legislators, Regular Session, 10/26/09 Page 2 of 14
As there were no further comments, the public hearing was declared closed, and the Board reconvened in regular session.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to H. Scott Spillane, former United States Army Major and current Veterans’ Service Agency Director, in grateful appreciation of his service to our Country. Mr. Spillane’s service dates were from August 1967 to September 1996. Following Basic Training at Fort Polk, LA, his duty stations included Fort Polk, LA; Fort Knox, KY; and Fort Totten, NC. Overseas duty included the Vietnam War. Commendations received included: Combat Infantry Badge, Bronze Star Medal, Purple Heart, Meritorious Service Medal (2), Army Achievement Medal, and Gold Badge Recruiting Badge. Mr. Spillane led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall presented a certificate to the November 2009 Employee of the Month, Cheryl Wesche, from the Department of Social Services, in recognition of her hard work and dedication to the County.
Chairman Crandall granted privilege of the floor to the following:
Gretchen Gary, Executive Director of the Soil and Water Conservation District, presented the Agricultural Environmental Management (AEM) Farmer of the Year Award for Allegany County to Jay, Joanne, and Kristin Cockle of Fillmore for their farm’s commitment to soil and water conservation. The AEM roadside signs are well recognized in the farming community across New York State to designate farms with environmental pride. They help to make the public aware of this high level of commitment to protect the environment. Piloted in New York State, AEM is a nationally recognized, voluntary program encouraging farmers to run cleaner and greener. The program provides farmers with technical assistance and financial resources to keep soil nutrients on the farm and the community’s water clean. Ms. Gary gave a short history of the Cockle farm, and listed some of the recent project accomplishments.
David Pullen, Chairman of the Court Facilities and County Space Needs Committee, read a prepared statement regarding the Court Facilities Project lawsuit by the Allegany County Citizens for Responsible Government:
“The big news last week was that the self-proclaimed “Citizens for Responsible Government” has commenced a lawsuit against Allegany County. That claim, like almost everything else about this group and this suit, is wrong, inaccurate and/or false. The truth is that their lawsuit has not actually been commenced. Their paperwork is riddled with mistakes and errors. As a practicing attorney I would be embarrassed and ashamed to allow such documents out of my office with my name on them. Why would the leaders and attorney for this group act in such an irresponsible manner? The circumstances and surrounding facts provide a clear and unmistakable answer to that question. Their motivation is purely political. Allegany County Board of Legislators, Regular Session, 10/26/09 Page 3 of 14
Why did they file their papers when they did? For three months they have threatened to bring this suit. Now, exactly two weeks before the election they file their papers. Why now? The answer is obvious. Two weeks provides enough time for them to get some media coverage, but not enough time to actually have anything decided by the Courts.
Why do these people want media coverage? Once again, the answer is obvious. The attorney who brought the suit for this group is the Democratic candidate for District Attorney. The person who signed the verification is the Chairperson of the Allegany County Democratic Party. The most outspoken supporters of the suit are Legislators Ungermann and Kruger. Unfortunately, Legislator Ungermann didn’t do nearly as well in his primary as he may have expected. Legislator Kruger lost his Republican primary election. These results must be hard to swallow for the self- proclaimed “voices” of the people. In my opinion this suit is a shameless gambit to gain publicity for these candidates and the Democratic Party. Unfortunately, the media has played along with them, and given them much more publicity than they deserve. Thankfully the voters seem perfectly capable of seeing through these ploys and voting on the merits.
If you have the opportunity, take a look at the Petition filed in the Clerk’s Office. It is legally and professionally pathetic. In my opinion, the attorney who filed this suit is incompetent and should be sanctioned by the Court. The Petition contains strike-outs and errors. It looks like a rough draft that got sent out by mistake. Maybe that is the best explanation for how this came to be filed. The Order to Show Cause is unsigned, and the proposed Temporary Restraining Order is incomplete, defective and ineffective.
The facts about this suit need to be known. We need to set the record straight. I urge this Board and the media to consider the following partial list of mistakes and misrepresentations:
1. The Petition was filed in the Allegany County Clerk’s Office on Tuesday afternoon, October 20. That filing did not commence a lawsuit against Allegany County. As of this morning, this group and their attorney have not commenced a lawsuit against us. They have not served a Summons, Notice of Petition, or Order to Show Cause. They have only filed some papers, some shoddy paperwork, in the County Clerk’s Office.
2. That paperwork contains strike-outs and corrections. Legislator Kruger was apparently going to be one of the Petitioners. However, his name is crossed out, which renders the Petition defective. The Petition states that this suit is being brought by the Allegany County Citizens for Responsible Government, which is an unincorporated association. CPLR §1025 authorizes the president or treasurer of an unincorporated association to commence an action on behalf of an association. However, the association cannot bring the suit in its own name. Apparently Attorney Allegany County Board of Legislators, Regular Session, 10/26/09 Page 4 of 14
Ross Scott didn’t know that. No individual or officer is named. Why were these bold champions of the people unwilling to sign this Petition? I suspect it is because they know that to do so would expose them to sanctions for frivolous litigation, for damages, and to a requirement that they post a bond. Apparently none of these “responsible citizens” were willing to step up to the plate and take that risk. However, I don’t blame them. It was a wise choice given the flaws and deficiencies in this suit.
3. The Petition requests a Temporary Restraining Order and Preliminary Injunction against the County and State. However, the Petition fails to assert that there is any “irreparable harm” that would justify either a TRO or an Injunction. This is basic legal practice, something that every first-year law student should know. Didn’t Attorney Ross Scott know he had to claim “irreparable harm”? Or did he know that it was required, but simply couldn’t find any such harm to allege under oath?
4. The Petition asks the Court to issue a Temporary Restraining Order or Injunction, but fails to address the statutory requirement for an undertaking. I know that Attorney Ross Scott knew about this requirement, because I personally told him about it. He apparently decided to simply ignore the law. It appears that the members of this group have a pattern of simply ignoring facts and realities they disagree with or dislike. Fortunately, the legal system doesn’t tolerate that. General Municipal Law §51 specifically requires that the Court set the amount of a bond, and that the Petitioners post that bond.
5. The Petition claims that Public Authorities Law §1680-c is unconstitutional. This triggers a requirement that the Attorney General be served papers. However, Attorney Ross Scott fails to even name the Attorney General as a party. As of today he has not served the Attorney General. Didn’t he know that he had to serve the Attorney General? Maybe he did. Maybe he decided to ignore it. Maybe he didn’t really want the Attorney General to appear and defend this action. I would like to hear Attorney Ross Scott explain these obvious deficiencies.
6. The Petition claims that the court project is unnecessary and represents a “waste” of taxpayer money. However, the Petition actually contradicts itself. Paragraph 5 states “The Allegany County Courthouse was built in 1936, and is in need of such improvements as accommodations for disabled persons, an additional courtroom, attorney conference rooms, and better separation between the public, court personnel, and prisoners.” This language effectively concedes the only factual dispute in this case. It admits the only issue that OCA would have to prove. It removes any doubt that Allegany County needs to undertake a capital project. Attorney Ross Scott just gave away his entire case. Did he realize what he was doing? Did he understand the significance of this admission? Perhaps you can make sense of it. I can’t.
7. The Petition lacks a Summons or Notice of Petition, but includes an unsigned Order to Show Cause. Any Supreme Court Justice from the Eighth Judicial District could have signed that Order to Show Cause. Why didn’t the attorney for these “responsible citizens” get a Judge to sign their Order to Show Cause? They had over Allegany County Board of Legislators, Regular Session, 10/26/09 Page 5 of 14 three months to do so. Maybe he didn’t know how? Maybe he didn’t know he needed to? As a result of this oversight, there is no actual case against Allegany County. There is no injunction. There is no Temporary Restraining Order. There is nothing. And that is exactly what this lawsuit amounts to at this time. Nothing.
8. The Petition alleges “upon information and belief” that Allegany County has violated the State Environmental Quality Review Act. However, it provides no affidavits or specific assertions to support these allegations. In truth, there are no facts to support these allegations.
9. The Petition asks the Court to set aside the Bond Resolution adopted on January 12, 2009. Apparently Attorney Ross Scott is unaware that our bond resolution included an Estoppel Procedure that requires all challenges to be brought within 20 days of its adoption. The Petition filed on October 20 is only nine months late. Apparently Attorney Ross Scott doesn’t know that the relief he requested is barred by statute.
10. The Petition claims that the County Legislature violated SEQRA by not including the purchase of the two houses on Court Street when it considered the Court Project. The Petition claims that the primary purpose for buying those properties was to provide parking for the Courthouse. Those claims are false. Parking has been a problem around the County Courthouse for years. It has absolutely nothing to do with the Courthouse Project. Legislators Ungermann and Kruger have said so themselves, repeatedly. No decision has been made regarding the precise use for these properties. They could be used to house the County Museum, or used for storage facilities. The Petition suggests that the Office for the Aging should have gone there. These allegations are pure speculation, nothing more.
All of this nonsense would be amusing, except for the potential downside to the taxpayers and residents of our County. We are in the midst of a serious recession. Very few building projects are currently underway. This is the perfect time to seek bids and award contracts. Contractors are excited about having a chance to do this work. This is also a good time to sell bonds for this project. Interest rates on municipal bonds track the rates on U.S. Treasury bonds, which are at historic lows. Any delay in awarding bids or selling bonds could increase our costs by millions of dollars. Is that what these people want? If they want to play their silly games they must put up a bond. They should pay the price for their foolishness. That risk should not fall on the taxpayers.
The leaders and attorney for the Allegany County Citizens for Responsible Government should be ashamed of themselves. They owe the taxpayers and residents of Allegany County an apology. They also owe an apology to their own members. The leaders have acted selfishly and irresponsibly. In my opinion Attorney Ross Scott has failed to demonstrate a minimum level of professional competence. The members of this group had a right to expect better from their leaders and their Allegany County Board of Legislators, Regular Session, 10/26/09 Page 6 of 14
attorney. Instead these sincere citizens have been misled and exploited by their leaders.
Our citizens have a right to be upset about high taxes and unconscionable State mandates. They also have a right to hear the truth. You may not like what I say, and you may not agree with me, but you can count on the truth and accuracy of my facts.
So what happens now? I am prepared to make some predictions about that. I predict that the Court, whenever it acts, will refuse to grant a Temporary Restraining Order or Temporary Injunction. I predict that the Court will ultimately dismiss this suit against Allegany County, and will allow this project to move forward. I expect the Court to dismiss the suit against the State of New York and Judge Ann Pfau. However, that will depend in large part on how the State chooses to defend itself. We have no control over that. Finally, I hope and expect the Court to sanction Attorney Ross Scott and the leaders who brought this suit for wasting its time, and taxpayer resources. That would be a just and appropriate outcome.
The leaders of this group have shown their true colors. They are acting like traditional liberal Democrats. They can’t win at the polls or with the public, so they are now appealing to the Court System to set aside the decisions of the elected representatives of the people. By doing so they are claiming that they know better than the voters of Allegany County, or the leaders elected by those voters. I have great confidence in the ability of the voters to figure out exactly what is going on here. They will decide this one week from tomorrow on Election Day. I also have great confidence in the legal system in this area to know exactly what the law requires. It won’t take long for the Court to throw this case in the garbage, where it belongs.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. November 2009 Calendar of Board and Standing Committee meeting dates. Additions were noted.
The following communications were also acknowledged:
1. The County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Lien for property in the Town of Wellsville in the Clerk of the Board’s Office on October 15, 2009.
2. Correspondence from Assemblyman Daniel Burling acknowledging receipt and support of Allegany County’s resolution urging the Governor to appropriate ARRA money to dairy farmers, and Allegany County’s resolution opposing proposed anti-gun owner legislation in New York State.
Allegany County Board of Legislators, Regular Session, 10/26/09 Page 7 of 14
3. Correspondence from the Allegany County Area Foundation thanking the Board for its donation and continued support.
4. Reminder that the Allegany Business Center will be holding a Grant Opportunities Workshop from 6 to 7 p.m. at the Crossroads Commerce & Conference Center on October 28.
5. Invitation from the Southern Tier West Regional Planning and Development Board to attend a retirement party for Executive Director Donald Rychnowski at the Premier Banquet Center in Olean on December 10, 2009.
6. Correspondence from the Allegany County Citizens for Responsible Government (ACCFRG) regarding the Courthouse Project.
PROCLAMATION:
Chairman Crandall proclaimed the week of October 25-31, 2009, as Winter Weather Awareness Week in Allegany County, and urged all citizens to prepare for the upcoming season by heeding the advice and information from the emergency management community so that they can enjoy winter with a greater sense of comfort and safety.
Chairman Crandall proclaimed the week of October 25, 2009, as Agricultural Environmental Management (AEM) Week in Allegany County, in recognition of AEM’s goal of protecting and enhancing the environment while maintaining the economic viability of agriculture.
RESOLUTIONS:
RESOLUTION NO. 189-09
ADOPTION OF LOCAL LAW INTRO. NO. 2-2009, PRINT NO.1, IN RELATION TO A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS
Offered by: Ways and Means Committee
RESOLVED:
1. That proposed Local Law, Intro. No. 2-2009, Print No. 1, is adopted without any change in language, to wit:
COUNTY OF ALLEGANY Intro. No. 2-2009 Print No. 1
A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS Allegany County Board of Legislators, Regular Session, 10/26/09 Page 8 of 14
BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows:
Section 1. Commencing January 1, 2010, the annual salary of the incumbents of the following County offices shall be as follows: Real Property Tax Director - $52,819; County Clerk - $58,968; Personnel Officer - $51,101; Public Works Superintendent - $68,517; Sheriff - $61,200; Public Health Director - $66,128; Employment and Training Director - $60,574.
Section 2. This local law shall take effect on the date of its filing with the Secretary of State.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Truax 11 Ayes, 4 Noes, 0 Absent Voting No: Kruger, McCormick, Russo, Ungermann
(Memo: Following adoption per Resolution No. 189-09, Local Law Intro. No. 2-09 is now subject to a 45-day period allowed for permissive referendum. If no petitions are received during that time, the local law will be filed with the Secretary of State and assigned its number, which will be Local Law No. 2-09, barring any local laws being approved in the interim.)
Comments made regarding Resolution No. 189-09 included the following:
Legislator Kruger noted that members of the public rarely speak out at public hearings, but a gentleman shared his views today, and he is not alone in those views. There are many people in the County that feel the same way. Employees at Dresser gave up 20 percent in their last contract, and they feel fortunate to maintain where they were at. Other places are holding off on raises; and in the private sector, raises are unheard of. The County should follow suit. Mr. Kruger did not support the raises at this time.
Legislator Ungermann commented that some of the people on the list deserve raises; however, the last unemployment figure was 12.8 percent. With so many of our senior citizens on fixed incomes, he didn’t see how we could justify spending taxpayers’ money on raises, not that some aren’t deserved.
Legislator O’Grady agreed with the previous comments and sympathized with the gentleman from Scio, noting that his parents are also on fixed incomes; however, the employees included in the resolution and others whose raises haven’t been decided are partially responsible for taking the County from a deficit to a $9 million surplus. Most of them do a fine job for the County. Mr. O’Grady didn’t believe we should balance the budget on the backs of the employees. He agreed that the budget is a little high, but rather than persecuting the people who helped us out of a deep hole, we need to examine the programs we have, the cost of those programs, and downsize government in that way.
Allegany County Board of Legislators, Regular Session, 10/26/09 Page 9 of 14
Legislator Russo stated that he wouldn’t be aiming his comments against any political party or take part in politicking here. He’s seen that done today, and he doesn’t like it. We have very fine people working for the County, they do a great job; however, he couldn’t, in good conscience, approve pay raises while at the same time implementing tax increases for the people paying for those raises. How do you explain that to the voters? He can’t and has voted “No” on salary increases for the past seven years. Mr. Russo also requested that the political comments be kept down. It’s not right. A lot of good comments were made, but targeting political parties or people in those parties is getting too political, and that’s not the purpose of these meetings.
RESOLUTION NO. 190-09
RESOLUTION SETTING DATE OF PUBLIC HEARING ON 2010 COUNTY TENTATIVE BUDGET AND PROVIDING CONTENTS OF SUCH NOTICE
Offered by: Ways and Means Committee
WHEREAS, the 2010 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 2010 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 2010 County Tentative Budget shall be held in the Legislators' Chambers, Room 221, at the County Office Building, 7 Court Street, Belmont, New York, at 7:00 p.m. on November 12, 2009.
2. That the notice of public hearing shall include a statement that the 2010 maximum salary for members of the Board of Legislators and the maximum salary that may be fixed and payable during fiscal year 2010 to the Majority Leader, Minority Leader and Board Chairman, are as follows:
Members of the Board of Legislators $8,500 annual Chairman of the Board of Legislators $8,500 annual Majority Leader of Board $300 annual Minority Leader of Board $300 annual
Allegany County Board of Legislators, Regular Session, 10/26/09 Page 10 of 14
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Fanton
RESOLUTION NO. 191-09
TRANSFER OF FUNDS WITHIN EMERGENCY SERVICES ACCOUNTS
Offered by: Public Safety Committee
RESOLVED:
1. That the sum of $5,763 is transferred from Account No. A3640.4 (Public Safety/EMS) to Account No. A3640.2 (Equipment), for the purchase of a reconditioned defibrillator.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Hopkins 15 Ayes, 0 Noes, 0 Absent
(Memo: The defibrillator referred to in Resolution No. 191-09 was required for the EMS Training Program. Revenues for the A3640.447 account come from the NYS Department of Health EMS Bureau.)
RESOLUTION NO. 192-09
TRANSFER OF FUNDS WITHIN SOLID WASTE ACCOUNT
Offered by: Public Works Committee
RESOLVED:
1. That the sum of $15,000 is transferred from Account No. A8160.1 to Account No. A8160.4 to cover expenditures for the remainder of this year.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 193-09
TRANSFER OF FUNDS WITHIN COUNTY ROAD FUND ACCOUNTS
Offered by: Public Works and Ways and Means Committees
Allegany County Board of Legislators, Regular Session, 10/26/09 Page 11 of 14
RESOLVED:
1. That the sum of $70,000 is transferred from Account No. D5110.422 (County Road – Gasoline/Oil) to Account No. D5142.408 (County Road – General Supplies), to cover remaining expenditures for 2009 Snow Removal.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Reynolds 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 194-09
TRANSFER OF FUNDS FROM RISK RETENTION CLAIMS APPROVED BY SUPREME COURT ACCOUNT TO RISK RETENTION PROFESSIONAL SERVICES ACCOUNT
Offered by: Ways and Means Committee
RESOLVED:
1. That the sum of $10,000 is transferred from Account No. CS1933.431 (Risk Retention, Claims Approved by Supreme Court) to Account No. CS1937.435 (Risk Retention, Professional Services).
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hall 15 Ayes, 0 Noes, 0 Absent
(Memo: The transfer approved in Resolution No. 194-09 was needed to cover estimated expenses through the end of the year for higher than anticipated costs for professional services related to claims against the County.)
RESOLUTION NO. 195-09
RESOLUTION RETAINING BOVIS LEND LEASE LMB, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE COURTHOUSE ADDITION AND RENOVATION PROJECT
Offered by: Court Facilities Committee
RESOLVED:
1. That Bovis Lend Lease LMB, Inc. is hereby retained according to their proposal dated July 31, 2009 for Construction Management Services for the Courthouse Addition and Renovation Project.
2. That the Chairman of this Board is authorized to execute any and all necessary documents of every nature and kind in order to effect the purpose of this resolution. Allegany County Board of Legislators, Regular Session, 10/26/09 Page 12 of 14
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Hall 12 Ayes, 3 Noes, 0 Absent Voting No: Kruger, Truax, Ungermann
(Memo: Resolution No. 195-09 approves an Agreement with Bovis Lend Lease LMB, Inc., from Syracuse, NY, for the delivery of a wide range of construction management services associated with the Courthouse Addition and Renovation Project. Bovis was recommended by the Court Facilities and County Space Needs Committee after the County solicited proposals for these services. Bovis submitted a proposed fee of $630,000, which was the lowest fee proposed by three competing firms.)
Comments made regarding Resolution No. 195-09 included the following:
Legislator Kruger voiced his non-support due to the language in Resolved No. 2, “that the Chairman of this Board is authorized to execute any and all necessary documents of every nature and kind in order to effect the purpose of this resolution.” Fifteen legislators were elected to office to make decisions, and this resolution grants the authority of fifteen elected officials to one person. Chairman Crandall commented that the authority only extends to the agreement. Mr. Kruger noted that there was no monetary limitation within the resolution itself and no restriction of any kind. County Attorney Thomas Miner responded that the first paragraph makes reference to the “proposal dated July 31, 2009,” and that limits the extent of the authority granted. The second paragraph contains standard language to cover anticipated paperwork, but it is limited by No. 1. Mr. Kruger reiterated that No. 2 clearly states “any and all necessary documents of every nature and kind in order to effect the purpose of this resolution.” If the purpose of the resolution is to hire Bovis for construction management services as indicated in No. 1, and a quote has been provided, but that price is not included in the resolution, so the Chairman is not limited to anything. Mr. Miner stated that the language is typical and the granted authority is limited by the proposal.
Legislator Fanton commented that the Memorandum of Explanation includes the fee of $630,000, even if the resolution doesn’t include it, and the contract with Bovis clearly states the amount. Mr. Kruger remarked that the MOE was not worth the paper it was written on.
Legislator Ungermann pointed out that the $630,000 now brings us to more than $1 million over the final budget estimate for the project, and we don’t know what the bids will be yet.
Legislator Hopkins commented of the issue of the selection of a Construction Manager over a Clerk of the Works. He felt that the decision was a wise one. We will need that level of oversight on a project of this size.
Resolution Intro. No. 206-09 (Approval of Final 2010 Allegany County Plan under County Special Traffic Options Program for Driving While Intoxicated; Authorizing STOP DWI Coordinator to Enter into Agreements for Services) was not pre-filed and was considered from the floor on a motion made by Legislator Reynolds, seconded by Legislator Dibble and carried by an affirmative voice vote of the requisite two-thirds of the Board membership. Allegany County Board of Legislators, Regular Session, 10/26/09 Page 13 of 14
A motion was made by Legislator Reynolds, seconded by Legislator Hall and carried, to grant Legislator O’Grady permission to abstain from voting on Resolution Intro. No. 206-09 (Approval of Final 2010 Allegany County Plan under County Special Traffic Options Program for Driving While Intoxicated; Authorizing STOP DWI Coordinator to Enter into Agreements for Services).
RESOLUTION NO. 196-09
APPROVAL OF FINAL 2010 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 and Ways and Means Committees
Pursuant to Vehicle and Traffic Law § 1197
RESOLVED:
1. That the final Allegany County 2010 STOP DWI Plan is approved and shall replace on and after January 1, 2010, the Plan approved by Resolution No. 218-2008.
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. Dibble Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 0 Absent Abstaining: O’Grady
(Memo: Regarding Resolution No. 196-09, the 2010 STOP DWI Plan Budget is $155,915.)
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 Truax, seconded by Legislator Fanton and adopted on a roll call vote of 13 Ayes, 2 Noes, 0 Absent, that the audit of claims, totaling $1,596,572.73 including prepaid expenses, be approved for payment as recommended by the County Administrator (Opposed: Kruger, Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $6,648,286.)
Allegany County Board of Legislators, Regular Session, 10/26/09 Page 14 of 14
COMMENTS:
Chairman Crandall pointed out that information including some of the history on the WAG River Trail was distributed. When the project began, most of the current legislators weren’t on the Board. Other legislators were involved in moving it along, but it’s evident that from the start, one legislator who has been deeply involved is Legislator William Dibble. At times, it seemed the project wasn’t going anywhere, but recently it has moved ahead. Chairman Crandall thanked Mr. Dibble for his efforts. The project wouldn’t have been pushed along if not for him.
Legislator Kruger responded to comments included in a recent newspaper article and others made by Mr. Pullen regarding the Courthouse and that the leaders of the Allegany County Citizens for Responsible Government were looking for political gain. Mr. Kruger stated that he is not a member of the group, but attended meetings to listen to citizens expressing their opinions. His only involvement or role was to listen to questions and answer truthfully. He felt that members of the Board who are making a political deal out of it are participating in dirty politics, as is granting Mr. Pullen privilege of floor at the last meeting prior to election.
Legislator Ungermann referred to comments made by keynote speaker, Erie County Executive Chris Collins, at the Republican fundraising dinner on Friday, which most of the legislators attended. He stated that the only people we represent are the taxpayers, not the state or federal government. If faced with unfunded state mandates, let them sue you. Mr. Ungermann also noted that Mr. Collins spoke about not negotiating any more labor contracts unless there was a contribution to health insurance and no guarantee of retiree health insurance for new hires. Mr. Ungermann stated that he’s been preaching this for the past four years. It’s what we need to hear and what we need to do.
ADJOURNMENT:
The meeting was adjourned at 3:20 p.m. on a motion made by Legislator Hopkins, seconded by Legislator Dibble and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION
NOVEMBER 9, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Marine Corps Sergeant Andrew Litzinger.
INVOCATION: The Invocation was given by Legislator Pullen. (A moment of silence was observed for the victims of the Ft. Hood shooting on November 5.)
ROLL CALL: 14 Present; 1 Absent (Legislator Kruger).
APPROVAL OF MINUTES:
The Board meeting minutes of October 26, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Andrew Litzinger, former United States Marine Corps Sergeant, in grateful appreciation of his service to our Country. Mr. Litzinger’s service dates were from August 2002 to July 2008. Following Basic Training at Parris Island, SC, duty stations included Camp Lejeune, NC; Naval Air Station Pensacola, FL; and Cherry Point, NC. Overseas duty included three deployments to Iraq. Commendations he received included: Good Conduct, 3 Iraq Campaign Medals (Global War on Terrorism Expeditionary, Global War Service), and 3 Sea Service Medals (National Defense). Mr. Litzinger led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall recognized employees with thirty years of County service with the presentation of framed certificates. Those present to be honored were: Angela Freeman, Sr. Support Investigator; David George, Heavy Motor Equipment Operator II; Julie Hoshal, Human Resource Assistant; Jeanette Kaiser, Principal Social Welfare Examiner; Sheila Linnecke, Sr. Typist, Probation; and Virginia Mullen, Sr. Social Welfare Examiner. The following employees will receive their certificates at a later date: Dean Hale, Motor Equipment Operator I; Dawn Hebblethwaite, Principal Social Welfare Examiner; Scott Kenyon, Heavy Motor Equipment Operator II; Rebecca Shafer, Community Service Worker; and Kristina Stoll, Deputy County Clerk II.
Allegany County Board of Legislators, Regular Session, 11/09/09 Page 2 of 13
Chairman Crandall presented a certificate to the December 2009 Employee of the Month, Judy Ward, from the Department of Social Services, in recognition of her hard work and dedication to the County.
Chairman Crandall presented a check, drawn on the Legislators’ Flower Fund, to Allegany Senior Foundation President Wallace Higgins on behalf of the Board of Legislators. Mr. Higgins expressed his appreciation for the Board’s support and spoke briefly on the Allegany Senior Foundation, which monitors and assists with any unmet needs of the Office for the Aging. For the past four years, they have been active and successful, and they are looking to the future while continuing their commitments. Some of the programs the Foundation helps to support are Lifelife, Sharing Your Wishes, and Single Point of Entry. The Foundation has promoted construction of new offices, which will soon begin, and they hope to establish a senior center someday. Their newest venture is a website to provide information and direct access for people.
Chairman Crandall granted privilege of the floor to the following:
Office for the Aging Director Kimberley Toot addressed the Board regarding the United Way County Employee Campaign. Contributions support seventeen programs working to make our County a better place to live: ACCORD, Allegany Arc, Mental Health Association, Senior Foundation, Rural Health Network, Red Cross, Association for the Blind, Gil’s Hills, Homecare and Hospice, Kinship Family and Youth Services, Literacy West, Salvation Army, Southern Tier Library System, Southern Tier Traveling Teacher, Southern Tier Youth for Christ, STEP Wilderness Adventures, and Wellsville Community Kitchen. Payroll deduction of as little as $1 makes contribution relatively painless, but it is priceless for the people who are helped by these agencies. Mrs. Toot related, as an example, a case where the Allegany Senior Foundation provided Lifeline services through United Way contributions, allowing an 87-year-old woman with heart disease and balance problems to remain at home living independently. United Way services focus on three impact areas: education, income, and health. Each small donation makes a very big impact in our community.
Public Works Superintendent David Roeske reported on an award the department received recently in Albany, which was given by the New York State Materials Association Hot-Mix Asphalt Division. Public Works was involved in a competition with other projects throughout the state, and won for work done on the Alfred County Road 12 Elm Valley project and the Friendship County Road 20 project.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
The following communications were acknowledged:
1. On behalf of the Allegany County Capital Resource Corporation (ACCRC), Hodgson Russ Attorney Daniel Spitzer filed a copy of the Application for Financial Assistance for Cuba Hospital regarding the Cuba Hospital Assisted Living Project and Notice of Intent to Act as Lead Agency for purposes of the SEQRA process in the Clerk of the Board’s Office on October 28, 2009. Allegany County Board of Legislators, Regular Session, 11/09/09 Page 3 of 13
2. Correspondence inviting Legislators to join the Arbor Development and the Fountain Arts Center for an Open House Celebration at The Apartments at The Belmont, 48 Schuyler Street, Belmont, on November 20 at 1 p.m.
3. Correspondence from NYS DEC Regional Director Abby Snyder regarding the Board’s opposition to the closure of the NYS DEC Forestry Office in Belmont (Resolution No. 160-09). Ms. Snyder indicated that the DEC Forestry Office will be relocated to a site at the DEC West Almond Maintenance Center which will reduce future state spending on lease agreement for office space.
4. Notice of next Fire Advisory Board meeting on November 19 at 8 p.m. in the Public Safety Building.
5. NYSEG News Release regarding electricity supply charges in effect January 1.
6. The Allegany County Farm Bureau forwarded the following October 14, 2009 resolutions for our review (all were forwarded to the Public Works Committee for consideration):
Resolution Reaffirming Support for the Agricultural Education Outreach Initiative and its Components. Resolution Urging Support in Crafting a Health Care Bill Promoting Needed Reform to Benefit the Agricultural Industry and Other Rural and Small Town Residents. Resolution Requesting Attention to a Joint Effort to Achieve Channeled Stream Work within the Banks of the Genesee River in Allegany County Which Would Direct Water Flow Away From Agricultural Lands and Town and State Highways which are Under Constant Threat of Increased Bank Erosion. Resolution in Support of the County’s Part of Medicaid being Taken Over by the State. Resolution Supporting an Amendment in Section 1619 of the 2008 Farm Bill so that Certified General Real Estate Appraisers will be able to Obtain Needed Information. Resolution Urging Support in Opposing Passage of Climate Change Legislation until Other World Countries are in a Mindset and Position to Join in Such an Action. Resolution Urging Support in Directing the Food and Drug Administration to Conduct Scientific Testing of MPCs (milk protein concentrates) to Determine if They Qualify as a Safe Food. Resolution Urging Support in Repealing the Utilities Assessment Tax. Resolution Urging Support for a Higher Exemption and a Lower Tax Rate for Estate Tax Reform to Help Maintain the Farming Operation Transfer from One Generation to the Next.
RESOLUTIONS:
RESOLUTION INTRO. NO. 207-09 (RESOLUTION AMENDING BOARD RULES TO CLARIFY HOW VARIOUS MOTIONS ARE HANDLED; AMENDING BOARD RULES TO ELIMINATE THE COURT FACILITIES AND COUNTY SPACE NEEDS STANDING Allegany County Board of Legislators, Regular Session, 11/09/09 Page 4 of 13
COMMITTEE AND CREATE A NEW PLANNING AND ECONOMIC DEVELOPMENT STANDING COMMITTEE; AMENDING BOARD RULES TO ELIMINATE AND RENUMBER CERTAIN RULES DUE TO DUTIES BEING ASSUMED BY NEW PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE) was WITHDRAWN AND REFERRED BACK TO COMMITTEE following a motion made by Legislator Reynolds, seconded by Legislator Dibble and carried.
A motion was made by Legislator Ungermann to TABLE Resolution Intro. No. 208-09 (Reappointment of Commissioner of Social Services). The motion failed, as it did not receive a second.
RESOLUTION NO. 197-09
REAPPOINTMENT OF COMMISSIONER OF SOCIAL SERVICES
Offered by: Human Services Committee
Pursuant to Social Services Law §§ 65 and 116
RESOLVED:
1. That Patricia Schmelzer is reappointed Commissioner of Social Services for a term of five years commencing December 13, 2009, and expiring December 13, 2014.
Moved by: Mr. Truax Adopted: Voice Vote Seconded by: Mr. Dibble
RESOLUTION NO. 198-09
AUTHORIZING WAYS AND MEANS COMMITTEE OF THE COUNTY BOARD OF LEGISLATORS TO ACT AS TOURIST PROMOTION AGENCY AND TO APPLY FOR STATE FUNDS FOR TOURISM PROMOTION PURPOSES
Offered by: Curtis W. Crandall, Chairman Board of Legislators
Pursuant to Article 5-A of the Economic Development Law
RESOLVED:
1. That the Ways and Means 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 the funding is approved, such Committee shall submit the grant agreement to this Board for approval and appropriation of such funds prior to Allegany County Board of Legislators, Regular Session, 11/09/09 Page 5 of 13 commencing any work pursuant to the terms of the grant agreement or expending any of such funds.
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: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Reynolds 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 199-09
AUTHORIZING SALE AND CONVEYANCE OF COUNTY'S INTEREST IN REAL PROPERTY IN TOWN OF FRIENDSHIP TO DENNIS GOSS; AUTHORIZING CHAIRMAN TO EXECUTE DEED
Offered by: Public Works and Ways and Means Committees
WHEREAS, the County is the owner of certain real property located in the Town of Friendship, and
WHEREAS, such property is land-locked, is not being occupied or used by the County, and there is no planned use of it by the County, and
WHEREAS, Dennis Goss of Sanborn, New York has offered to purchase such property for $4,500, now, therefore, be it
RESOLVED:
1. That this Board authorizes the sale by quit claim deed to Dennis Goss of Sanborn, 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, being a portion of Great Lot No. 6, Township No. 3, Range No. 1 of the Holland Land Company Survey and being more particularly bounded and described as follows:
Beginning at a Point marked by a capped iron rod found at the four-way lot corner which separates Great Lot Numbers 6, 7, 14 & 15;
Thence N 89º 42’ 49” E along the division line between Great Lot No. 6, on the south and Great Lot No. 7, on the north a distance of 653.28 feet to a point marked by a capped iron rod found at the intersection of the division line between Great Lot No. 6 & No. 7 and the northwesterly bounds of Interstate Route No. 86 formerly known as the Southern Tier Expressway;
Allegany County Board of Legislators, Regular Session, 11/09/09 Page 6 of 13
Thence along the northwesterly bounds of the said highway the following two (2) courses and distances: 1. S 31º 29’ 56” W a distance of 432.46 feet to a point marked by a New York State Concrete monument; 2. S 29º 43’ 47” W a distance of 828.65 feet to a point marked by a capped iron rod found at the intersection of the said highway bounds and the north-south division line between Great Lot No. 6, on the east and Great Lot No. 14, on the west;
Thence N 00º 51’ 55” W along the division line between Great Lot No. 6 & No. 14 a distance of 1,085.18 feet to the Point and Place of Beginning of the parcel herein described.
Containing 8.010+/- Acres
Intending to describe a portion of lands acquired by the County of Allegany as evidenced by a deed recorded in Liber 1626 of Deeds at page 200.
EXCEPTING and RESERVING to grantor, his 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 party of the second part, his 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.
The transferor(s) herein certify that the within description does not split or combine assessment parcels and that the recording of this deed will not result in the alteration or change to or amendment of an existing tax map.
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 $4,500 by purchaser.
3. That the costs of any taxes, transaction fees are to be borne by the purchaser.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Reynolds 14 Ayes, 0 Noes, 1 Absent Allegany County Board of Legislators, Regular Session, 11/09/09 Page 7 of 13
Allegany County Board of Legislators, Regular Session, 11/09/09 Page 8 of 13
RESOLUTION NO. 200-09
ACCEPTING AND APPROPRIATING HOMELAND SECURITY PROGRAM FUNDING FOR ADDITIONAL SERVICES UNDER COUNTY EMERGENCY PREPAREDNESS EFFORTS FOR THE H1N1 OUTBREAK AND PLANNING
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $27,778 for Allegany County preparedness efforts for the H1N1 outbreak and planning is accepted.
2. That the accepted sum of $27,778 is appropriated as follows: $6,500 to Account No. A4010.1, $14,778 to Account No. A3645.2, and $6,500 to Account No. A3645.4, with a like sum credited to Revenue Account No. A10.3306.HTH9.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 201-09
ACCEPTING AND APPROPRIATING FUNDS IN SOCIAL SERVICES ACCOUNTS DUE TO INCREASE IN PROGRAM COSTS AND TRANSFER OF FUNDS WITHIN SOCIAL SERVICES ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $2,205,000 is accepted and the following Appropriation and Revenue Accounts are increased, as follows: $205,000 to Account No. A6101.4, $2,000,000 to Account No. A6150.4, with a sum of $102,500 to Revenue Account No. A11.4601.00, $102,500 to Revenue Account No. A10.3601.00, and $2,000,000 to Revenue Account No. A11.4650.00.
2. That the sum of $387,000 is transferred between the following accounts as follows: $2,500 from Account No. A6010.1, $199,500 from Account No. A6010.4, $150,000 from Account No. A6119.4, and $35,000 from Account No. A6109.4, and the sum of $387,000 is transferred as follows: $2,500 to Account No. A6010.1, $5,000 to Account No. A6010.2, $194,500 to Account No. A6010.4, $150,000 to Account No. A6070.4, $25,000 to Account No. A6140.4, and $10,000 to Account No. A6142.4.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent
Allegany County Board of Legislators, Regular Session, 11/09/09 Page 9 of 13
RESOLUTION NO. 202-09
ACCEPTING AND APPROPRIATING FUNDS WITHIN OFFICE FOR THE AGING PROGRAM ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $24,500 for increases in the OFA – S.N.A.P. Program is accepted and appropriated as follows: $20,000 to Account No. A6779.4, and $4,500 to Account No. A6776.4, with a sum of $20,000 credited to Revenue Account No. A08.2801.36 and $4,500 to Revenue Account No. A02.1972.09.
2. That the sum of $22,871 for the OFA – Weatherization and OFA – Title III-E Family Caregiver Programs is accepted and appropriated as follows: $5,592 to Account No. A6784.1, $10,000 to Account No. A6784.4, $2,000 to Account No. A6784.8, and $5,279 to Account No. A6786.4, with a sum of $17,592 credited to Revenue Account No. A11.4772.08 and $5,279 to Revenue Account No. A11.4772.10.
3. That the sum of $6,000 for a new Medicare Improvements for Patients and Providers Act (MIPPA) grant is accepted and appropriated as follows: $3,402 to Account No. A6774.1, $1,735 to Account No. A6774.4, $863 to Account No. A6774.8, with a like sum credited to Revenue Account No. A11.4772.02.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Russo 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 203-09
ACCEPTANCE OF FUNDS FROM NEW YORK MUNICIPAL INSURANCE RECIPROCAL (NYMIR) AND APPROPRIATION OF SAME TO RISK RETENTION ACCOUNTS
Offered by: Ways and Means Committee
WHEREAS, a check in the amount of $230, representing the cost, less a $500 deductible, to repair a County vehicle that was damaged when the vehicle struck a deer on September 15, 2009, has been offered by NYMIR in settlement for property damage caused by such accident, now, therefore, be it
RESOLVED:
1. That the sum of $230, representing the cost, less deductible, to repair said County vehicle is accepted.
Allegany County Board of Legislators, Regular Session, 11/09/09 Page 10 of 13
2. That the accepted sum of $230 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss), with a like sum credited to Revenue Account No. CS07.2680.00 (Risk Retention – Insurance Recovery).
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent
(Memo: The vehicle referred to in Resolution No. 203-09 was a Public Works 2005 Chevrolet Silverado Truck.)
RESOLUTION NO. 204-09
TRANSFER OF FUNDS WITHIN SELF-INSURANCE PLAN ACCOUNTS
Offered by: Personnel and Ways and Means Committees
RESOLVED:
1. That the sum of $60,600 is transferred to cover insufficient funds in Accounts for the Plan year ending December 31, 2009, as follows: $600 from Account No. S1710.402, $5,000 from Account No. S1710.406, $20,000 from Account No. S1710.409, and $35,000 from Account No. S1720.406, with the sum of $6,600 to Account S1710.430, $50,000 to Account No. S1720.430, and $4,000 to Account No. S1720.431.
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Reynolds 14 Ayes, 0 Noes, 1 Absent
(Memo: The transfers approved by Resolution No. 204-09 were necessary to cover unbudgeted consulting audit costs and unanticipated higher costs for claimant medical and mileage.)
RESOLUTION NO. 205-09
TRANSFER OF FUNDS FROM CONTRIBUTED RESERVES ACCOUNTS TO SELF-INSURANCE PLAN ACCOUNT
Offered by: Personnel and Ways and Means Committees
RESOLVED:
1. That the sum of $245,000 is transferred to cover insufficient funds for the Plan year ending December 31, 2009, as follows: $22,700 from Account No. S853.0000 and $222,300 from Account No. S882.0001, to Account No. S1720.430.
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Reynolds 14 Ayes, 0 Noes, 1 Absent Allegany County Board of Legislators, Regular Session, 11/09/09 Page 11 of 13
(Memo: The transfers approved by Resolution No. 205-09 were necessary to cover overruns in claimant medical, primarily due to two significant volunteer fire events which resulted in multiple surgeries and extended hospital stays.)
RESOLUTION INTRO. NO. 217-09 (APPROVAL OF AGREEMENT WITH COVENTRY WORKERS’ COMP SERVICES) was WITHDRAWN following a motion made by Legislator Hall, seconded by Legislator Ungermann and carried.
Resolution Intro. No. 218-09 (Resolution Creating the Position of Correction Master Sergeant in the Sheriff’s Department) was not pre-filed and was considered from the floor on a motion made by Legislator Hall, seconded by Legislator Hopkins and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION NO. 206-09
RESOLUTION CREATING THE POSITION OF CORRECTION MASTER SERGEANT IN THE SHERIFF’S DEPARTMENT
Offered by: Personnel Committee
RESOLVED:
1. That the position of Correction Master Sergeant is hereby created.
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Hopkins 10 Ayes, 4 Noes, 1 Absent Voting No: Benson, Hopkins, O’Grady, Pullen
(Memo: The position created by Resolution No. 206-09 will replace the existing title of Assistant Jail Administrator. It will not result in a new hire.)
Resolution Intro. No. 219-09 (Resolution Approving Snow Removal and Ice Control Contract between County of Allegany and the Town of Birdsall) was not pre-filed and was considered from the floor on a motion made by Legislator Fanton, seconded by Legislator Reynolds and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION NO. 207-09
RESOLUTION APPROVING SNOW REMOVAL AND ICE CONTROL CONTRACT BETWEEN COUNTY OF ALLEGANY AND THE TOWN OF BIRDSALL
Allegany County Board of Legislators, Regular Session, 11/09/09 Page 12 of 13
Offered by: Public Works Committee
Pursuant to Highway Law § 135-a
WHEREAS, the Public Works Committee and the County Superintendent of Public Works have recommended to this Board that they approve the proposed contract between the County of Allegany and the Town of Birdsall in Allegany County for the removal of snow from County Roads and for sanding or otherwise treating them for the purpose of removing the danger of snow and ice, now, therefore, be it
RESOLVED:
1. That Snow Removal and Ice Control Contract between the County of Allegany and the Town of Birdsall in Allegany County for a term covering one (1) season beginning and ending with the 2009-2010 snow season, is approved.
2. That an executed duplicate original of such Contract shall be filed in the office of the Clerk of this Board along with a certified copy of such Town Board resolution approving such Contract.
3. That the Clerk of this Board is directed to send a certified copy of this resolution to the Town Clerk of such Town for filing in his or her office.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Hopkins and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Truax, seconded by Legislator Hopkins and adopted on a roll call vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $2,528,739.93 including prepaid expenses, be approved for payment as recommended by the County Administrator (Voting No: Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $6,945,904.)
Legislator O’Grady questioned if all of the funds for the Genesee River Mitigation Project had been recouped from the state. County Administrator John Margeson replied that it has all been received.
COMMENTS:
Legislator Pullen encouraged support for the annual program conducted by Social Services whereby individuals and agencies can sponsor a child involved with County services by providing Christmas gifts, as a way of showing concern for our disadvantaged youth. Allegany County Board of Legislators, Regular Session, 11/09/09 Page 13 of 13
Legislator Ungermann urged everyone to volunteer an hour of their time to ring the Salvation Army kettle bell. It’s a humbling experience and a way of getting in touch with the taxpayers of the County.
ADJOURNMENT: The meeting was adjourned at 2:45 p.m. on a motion made by Legislator Truax, seconded by Legislator Pullen and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION
NOVEMBER 23, 2009
** APPROVED **
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by active United States Army 1st Lieutenant Trenton K. Roeske.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 14 Present; 1 Absent (Legislator Russo).
APPROVAL OF MINUTES:
The Committee of the Whole (Budget discussion) meeting minutes of November 9, 2009 were approved on a motion made by Legislator Pullen, seconded by Legislator Dibble and carried.
The Board meeting minutes of November 9, 2009 were approved on a motion made by Legislator Truax, seconded by Legislator Fanton and carried.
The 2010 County Tentative Budget Public Hearing minutes of November 12, 2009 were approved on a motion made by Legislator Truax, seconded by Legislator Hopkins and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Trenton K. Roeske, United States Army 1st Lieutenant, in grateful appreciation of his service to our Country. Mr. Roeske’s service dates are May 2008 to the present. Bases and assignments include Fort Lewis, WA; Fort Knox, KY; Fort Sill, OK; Fort Benning, GA; Fort Leonard Wood, MD; Fort Drum, NY; Connecticut St. Armory in Buffalo, NY; and Hohenfels, Germany. Commendations Mr. Roeske received include: State Active Duty Ribbon, Overseas Training Ribbon, National Defense Service Ribbon, and Army Service Ribbon. Mr. Roeske led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
Allegany County Board of Legislators, Regular Session, 11/23/09 Page 2 of 16
1. December 2009 Calendar.
2. Report of Intrafund Transfers Approved by the County Administrator in October.
3. 2010 Allegany County Budget (contingent on approval of Resolution Intro. No. 223-09).
The following communications were also acknowledged:
1. The Town of Caneadea filed a copy of their resolution adopting a Comprehensive Plan in the Clerk of the Board’s Office on November 16, 2009.
2. Correspondence forwarded by the Friendship Empire Zone from Senator Catharine Young regarding changes made to the Empire Zone during the 2009-10 New York State Budget.
3. Correspondence from Gary LaChance of Centerville regarding Amish buggies on County Road 3 in Centerville.
4. Correspondence from the Allegany Senior Foundation thanking the Board for its contribution and ongoing support.
5. Copy of correspondence from Dutchess County Executive regarding the use of Project Labor Agreements for county projects.
6. Correspondence from Donald Fanton of Wellsville regarding the November 12 Public Hearing on the 2010 Tentative Budget.
RESOLUTIONS:
RESOLUTION NO. 208-09
RESOLUTION AMENDING RESOLUTION NOS. 258-85, 259-06, AND 142-09 REGARDING RETIREE HEALTH INSURANCE
Offered by: Personnel Committee
RESOLVED:
1. That paragraph “2.” of Resolution No. 259-06, as amended by Resolution No. 142-09, is hereby amended to read as follows:
That all new employees hired after January 1, 2010, will not receive any health care benefits after their retirement. Employees who are hired before the January 1, 2010, date and who receive a lateral transfer from a unit to a non- Allegany County Board of Legislators, Regular Session, 11/23/09 Page 3 of 16
unit or Department Head position, will continue to receive health insurance upon retirement.
2. That sub-paragraph (3) of section 14.H. of Resolution 258-85 is also hereby amended to read as follows.
That all new employees hired after January 1, 2010, will not receive any health care benefits after their retirement. Employees who are hired before the January 1, 2010, date and who receive a lateral transfer from a unit to a non- unit or Department Head position, will continue to receive health insurance upon retirement.
3. That this resolution shall take effect immediately.
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Pullen 13 Ayes, 1 No, 1 Absent Voting No: Kruger
Comments made regarding Resolution No. 208-09 included:
Legislator Kruger expressed his belief that some of the resolution’s language is part of collective bargaining agreements, and the Board would be guilty of improper practice and failure to bargain in good faith if the resolution is approved. Anything contained in collective bargaining agreements has to be negotiated for. For 20 years, the County has been reducing benefits of new employees (vacation time, health insurance contributions), and this is one more example. We could find ourselves in a position where it will be difficult to hire qualified individuals. The only reason for doing this is saving money, but that shouldn’t be the only consideration. Chairman Crandall noted that the resolution doesn’t change the language in any bargaining agreement.
Legislator Pullen pointed out that the County is currently in negotiations with every collective bargaining unit. This issue has been brought up with each of them, and it’s understood and has been explicitly addressed that even though it doesn’t appear in any of the agreements, it has always been this policy. County leadership is well aware that we have to negotiate to change it, but it begins here and would apply to anyone not in a bargaining unit.
RESOLUTION NO. 209-09
RESOLUTION APPROVING THE COMPENSATION OF UP TO SIXTEEN FIELD TRAINING OFFICERS (FTO) EMPLOYED BY THE ALLEGANY COUNTY SHERIFF’S OFFICE WHEN PARTICIPATING IN THE FIELD TRAINING PROGRAM
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
Allegany County Board of Legislators, Regular Session, 11/23/09 Page 4 of 16
1. This Board approves an additional $500 stipend per year compensation for up to sixteen Field Training Officers (FTO) employed by the Allegany County Sheriff’s Office when they participate in the Field Training Program.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Fanton 11 Ayes, 3 Noes, 1 Absent Voting No: Kruger, McCormick, Ungermann
(Memo: The stipend approved by Resolution No. 209-09 reflects will reflect the additional duties assigned to Field Training Officers during training periods, as well as having to perform their regular duties.)
Comments made regarding Resolution No. 209-09 included:
Legislator Reynolds explained that Field Training Officers train new Correction Officers, and after doing that awhile, it can get tiresome because it changes their entire schedule. The Sheriff had proposed additional compensation for the extra work involved to train the new people, and Legislator O’Grady suggested the flat-rate stipend, in order to help retain FTOs. Mr. O’Grady clarified that he had suggested a stipend between $250 and $500, rather than adding to an hourly wage, to eliminate base-pay and overtime issues. Mr. O’Grady explained that FTOs train new employees every shift, and it does wear on them after years of doing it. You could make them do it and not compensate them for it, but it’s a matter of quality.
Legislator Kruger questioned if the Sheriff’s office is accredited by any NYS agency to allow them to do their own training. He was concerned that if we have an FTO job position, whether they are certified to do the training to begin with. Mr. O’Grady responded that the state gives training and certification through the Division of Criminal Justice Services. You don’t have to be an accredited agency to supply field training for your officers. They are certified officers. Mr. Kruger stated that they may be certified to perform their own duties as officers, but he didn’t believe that certification also allows them to train. Mr. O’Grady stated that it does.
RESOLUTION NO. 210-09
AMENDMENT OF 2010 COUNTY TENTATIVE BUDGET
Offered by: Ways and Means Committee
RESOLVED:
1. That the 2010 County Tentative Budget dated October 2, 2009, is amended as follows:
Appropriations:
Account No. Account Amendment Allegany County Board of Legislators, Regular Session, 11/23/09 Page 5 of 16
A1990.429 Contingent Change from $1,000,000 to $850,000 A9560.904 Interfund Transfer Change from $583,322 to $933,322 H5120.200 Maintenance of Bridges Change from $0 to $350,000 (New Account)
Revenues:
Account No. Account Amendment A15.599.00 Approp. Fund Balance Change from $500,000 to $700,000 H12.5031.5120 Interfund Revenue Change from $0 to $350,000 (New Account)
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 13 Ayes, 1 No, 1 Absent Voting No: Kruger
Comments made regarding Resolution No. 210-09 included:
Legislator O’Grady questioned if the amendments were related to additional funds for bridge repair as discussed at the November 9 Committee of the Whole meeting. Chairman Crandall responded that they were. Although the bridge is not specified, this amendment adds money to an account to be used for bridges.
RESOLUTION NO. 211-09
ADOPTION OF 2010 COUNTY FINAL BUDGET
Offered by: Ways and Means Committee
RESOLVED:
1. That the 2010 County Tentative Budget dated October 2, 2009, as amended and revised, is adopted as the 2010 County Final Budget.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 10 Ayes, 4 Noes, 1 Absent Voting No: Kruger, McCormick, O’Grady, Ungermann
Comments made regarding Resolution No. 211-09 included:
Legislator Kruger stated that when the Legislators came into office in 2006, they promised the taxpayers to do their best to decrease the size of government, but they’ve done nothing but increase it. He hasn’t supported a Budget yet, and this one is no different. Spending is running away, and resolutions to save money aren’t even seriously considered.
Legislator Ungermann read a prepared statement:
Allegany County Board of Legislators, Regular Session, 11/23/09 Page 6 of 16
“In September, I attended a meeting of Allegany County businesses hosted by the County Chamber. Mr. McCormick and I were the only Legislators that attended. Attendees from both Dresser-Rand and Alstom, as well as everyone else, expressed concern with our tax structure, not only for the businesses, but for the people they are trying to encourage to come here to run them.
Spending is going to increase by some $5 million over last year, yet we have fewer people working to pay the taxes. We’ve never looked at any way to cut spending, yet Mr. O’Grady came with a whole list of things that maybe could be cut.
It seems to me that mostly what we get out of the economic development people is just moral support. Everyone’s bragging about the expansion at Friendship Dairies, yet they moved operations here from PA because they were land-locked there. They’ve got a better water supply here. They were supposed to get a grant from the NYS Empire Zone for providing 40 jobs. Well, they’ve hired 50 and never, as far as local management knows, have they received any grant money of any kind.
We seem to find money to buy houses on Court Street, but we can’t fix town bridges that are closed, such as the Haskins Road bridge in the Town of New Hudson.
We now have 97 real estate tax exemptions, leaving fewer and fewer people to pay the bills, yet we have not reviewed any of them for possible elimination.
I listen to complaints about clerical staff in one department, with one person having over 700 hours of overtime this year. I’ve listened to numerous complaints about people using their vacation time and still selling it back to the County at the tune of $330,000 per year. I’m glad to see that everyone in the State Retirement System will have to fill out time sheets starting January 1. Wouldn’t time clocks for everyone be more efficient? Am I the only one who notices that the parking lots around here are empty at 2 p.m. on a Friday afternoon?
I’m supposedly to blame for the creation of the new PEF Union. These people haven’t gotten any raises; why should the rest of management? Virtually all union contracts have expired.
Did anyone notice that the Farm Bureau sent their resolutions to us printed on both sides of the paper, just like the state does? We can’t even conserve on the simple things! (But after all, if we used both sides of the paper, I wouldn’t have any scrap paper to write this stuff on or to put in my fax machine.)”
Legislator O’Grady noted that the County is bringing in more money through assessments and is using some of the surplus fund balance from prior years, but we’re still increasing taxes. It’s time to streamline the services we provide and decrease spending. No one wants to do it. When you compare Allegany, Steuben, and Cattaraugus Counties’ tax rates, it’s not a fair comparison, because although they offer the same services, there is also a larger tax base in the neighboring counties. The only way to decrease taxes is to cut non-essential services.
Allegany County Board of Legislators, Regular Session, 11/23/09 Page 7 of 16
Legislator Reynolds questioned whether all of the 97 tax exemptions that Mr. Ungermann referred to were particular to Allegany County, or if most of them were put in place by the state. County Attorney Thomas Miner assumed most were state exemptions.
RESOLUTION NO. 212-09
RESOLUTION MAKING APPROPRIATIONS FOR THE CONDUCT OF THE COUNTY GOVERNMENT FOR THE FISCAL YEAR 2010
Offered by: Ways and Means Committee
WHEREAS, this Board, by Resolution No. 211-09, has adopted a budget for the fiscal year 2010, now, therefore, be it
RESOLVED:
1. That the several amounts specified in the 2010 County Final Budget in the column entitled “Final Budget 2010” be and they are appropriated for the objects and purposes specified.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 12 Ayes, 2 Noes, 1 Absent Voting No: Kruger, Ungermann
RESOLUTION NO. 213-09
RESOLUTION LEVYING TOWNS 2010 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 $307,365 upon the taxable property of the Towns participating in the Allegany County 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. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent
Allegany County Board of Legislators, Regular Session, 11/23/09 Page 8 of 16
RESOLUTION NO. 214-09
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 April 1, 2009, through September 30, 2009, 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. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 215-09
AUTHORIZING PAYMENT TO TOWNS AND VILLAGES FROM ADDITIONAL MORTGAGE TAX FEE RETAINAGE BY COUNTY CLERK; APPROPRIATING FUNDS THEREFOR
Offered by: Ways and Means Committee
WHEREAS, by Resolution No. 214-2004 the County Clerk was authorized pursuant to Section 262 of the Tax Law to request and receive reimbursement from the State of New York for all of his necessary expenses incurred in the administration of the Mortgage Tax Program on behalf of the State of New York, and
WHEREAS, it was the intent of this Board in adopting such resolution that the Towns and Villages of the County would not suffer any adverse financial consequences as a result of any increased retained expense reimbursement to the County Clerk, and
WHEREAS, the County Clerk has received reimbursement of his necessary expenses incurred in the administration of the Mortgage Tax Program, and
WHEREAS, this Board wishes to appropriate part of such reimbursement of necessary expenses received by the County Clerk for the administration of the Mortgage Tax Program to the Towns and Villages of the County, now, therefore, be it
Allegany County Board of Legislators, Regular Session, 11/23/09 Page 9 of 16
RESOLVED:
1. The amount of $25,905.48 is appropriated from Account No. A1410.432 (County Clerk – Contractual) and shall be distributed to the Towns and Villages of the County as follows:
AMOUNT RETAINED BY COUNTY CLERK’S OFFICE FOR MORTGAGE REBATE AMT REBATE AMT TOWNS TAX FEE TO TOWN TO VILLAGE VILLAGES
Alfred 2,312.92 1,858.67 454.25 Alfred Allen 361.25 361.25 Alma 317.64 317.64 Almond 1,943.54 1,792.62 150.92 Almond Amity 1,118.89 936.28 182.61 Belmont Andover 1,132.69 925.76 206.93 Andover Angelica 587.93 483.31 104.62 Angelica Belfast 568.25 568.25 Birdsall 101.24 101.24 Bolivar 863.99 680.88 170.02 Bolivar 13.09 Richburg Burns 579.09 501.23 77.86 Canaseraga Caneadea 1,366.57 1,366.57 Centerville 715.52 715.52 Clarksville 395.57 395.57 Cuba 2,423.13 2,028.28 394.85 Cuba Friendship 642.58 642.58 Genesee 838.80 838.80 Granger 207.87 207.87 Grove 539.97 539.97 Hume 890.47 890.47 Independence 532.98 532.98 New Hudson 225.23 225.23 Rushford 1,316.68 1,316.68 Scio 953.05 953.05 Ward 145.41 145.41 Wellsville 3,446.51 2,509.29 937.22 Wellsville West Almond 274.76 274.76 Willing 603.30 603.30 Wirt 499.65 465.60 34.05 Richburg
TOTALS 25,905.48 23,179.06 2,726.42
Allegany County Board of Legislators, Regular Session, 11/23/09 Page 10 of 16
2. The Chairman of this Board, Allegany County Clerk, and Allegany County Treasurer are authorized to execute any and all vouchers, warrants, and other necessary documents of every nature and kind in order to effect the purpose of this resolution.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 216-09
RELEVY OF RETURNED VILLAGE TAXES
Offered by: Ways and Means 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 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 23, 2009.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hall 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 217-09
RELEVY OF RETURNED SCHOOL TAXES
Offered by: Ways and Means 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 23, 2009.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Truax 14 Ayes, 0 Noes, 1 Absent
Allegany County Board of Legislators, Regular Session, 11/23/09 Page 11 of 16
RESOLUTION NO. 218-09
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: Ways and Means 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 17, 2009, and November 2, 2009, 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. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 218-09 included:
Legislator O’Grady stated that although this is something the Legislature has to do, he hates being the middle man in these types of things. It’s unfair to the municipalities and to the landlords who have to pay when the tenants leave.
Legislator Pullen noted that someone ultimately has to pay for these services. If they aren’t paid, it is the County and the taxpayers guaranteeing it. The County is the one that holds harmless; we’re the ones that have to accept the responsibility, as well as providing the tax collector service. For whatever reason, it’s another example of how the state structures it.
Legislator Kruger pointed out that it’s an investment on the County’s part, because if an unpaid water and sewer bill is put back on the taxes and the taxes aren’t paid, the County ends up with the property for the tax sale.
Allegany County Board of Legislators, Regular Session, 11/23/09 Page 12 of 16
Resolution Intro. No. 231-09 (Supporting an Increase in Funding Provided to the Office of Fire Prevention and Control by the Department of State for Firefighter Training) was amended on a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried, by changing the State Fire Administrator’s name from Floyd Paterson to Floyd Madison in Resolved No. 2.
RESOLUTION NO. 219-09
SUPPORTING AN INCREASE IN FUNDING PROVIDED TO THE OFFICE OF FIRE PREVENTION AND CONTROL BY THE DEPARTMENT OF STATE FOR FIREFIGHTER TRAINING
Offered by: Public Safety Committee
WHEREAS, firefighter training provided by the Department of State administered under the Office of Fire Prevention and Control, OFPC, has proven to be an effective method of preparing firefighters in Allegany County to respond to emergencies, and
WHEREAS, the efforts of the State’s 100,000 dedicated Volunteers contribute payroll and benefits savings commensurate with their career counterparts of more than 7 billion dollars annually, local governments cannot afford to pick up this expense, and
WHEREAS, firefighter training is conducted for both career and volunteer fire departments throughout the state, serving approximately 125,000 firefighters in more than 1,850 fire departments, and
WHEREAS, NYS Division of Budget allocations fluctuate with the State’s fiscal needs, which are not consistent with the local demand for firefighter training, and
WHEREAS, funding for both entry level and advanced training of firefighters in Allegany County has suffered due to a lack of dedicated funding for the various training programs delivered by OFPC, now, therefore, be it
RESOLVED:
1. That this Board of Legislators is in favor of increasing the amount of dedicated funding provided by the Department of State to OFPC in order to ensure that the training needs of our local firefighters are met so they may provide service to their respective communities within Allegany County.
2. That the Clerk of this Board is requested to forward certified copies of this resolution to New York State Governor David Paterson, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, NYSAC, InterCounty Association of Western New York, Floyd Madison, State Fire Administrator, Department of State Office of Fire Prevention and Control.
Allegany County Board of Legislators, Regular Session, 11/23/09 Page 13 of 16
Moved by: Mr. Dibble Adopted: Voice Vote Seconded by: Mr. Fanton
RESOLUTION NO. 220-09
TRANSFER OF FUNDS WITHIN VETERANS’ SERVICE ACCOUNTS
Offered by: Personnel Committee
RESOLVED:
1. That the sum of $350 is transferred from Account No. A6510.407 (Office Supplies) to Account No. A6510.201 (Equipment).
Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent
(Memo: The transfer approved by Resolution No. 220-09 is for the purchase of a fax machine to allow the Veterans’ Service Agency to communicate with and send forms to the County Clerk’s Office after Veterans’ Services moves to the Crossroads Facility.)
RESOLUTION NO. 221-09
TRANSFER OF FUNDS WITHIN SHERIFF LAW ENFORCEMENT ACCOUNTS
Offered by: Public Safety Committee
RESOLVED:
1. That the sum of $8,700 is transferred from Account No. A3110.422 (Sheriff-Gas and Oil) to A3110.409 (Sheriff - Fees) and the sum of $3,500 is transferred from Account No. A3150.425 (Jail – Clothing) to Account No. A3150.409 (Jail – Fees) to be used for the annual maintenance agreement for Telestaff.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 222-09
APPROVING AND RATIFYING ADDENDUM EXTENDING AGREEMENT WITH DENTRUST DENTAL NEW YORK, P.C. TO PROVIDE DENTAL CARE FOR INMATES AND DETAINEES AT THE ALLEGANY COUNTY JAIL
Offered by: Public Safety Committee
Allegany County Board of Legislators, Regular Session, 11/23/09 Page 14 of 16
RESOLVED:
1. That the Agreement between Allegany County and Dentrust Dental New York, P.C. for the provision of dental care for inmates and detainees at the Allegany County Jail through October 1, 2010, is approved.
2. That the signature by the Allegany County Sheriff for such addendum extending the agreement is ratified.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Pullen 11 Ayes, 3 Noes, 1 Absent Voting No: Kruger, Truax, Ungermann
(Memo: The dental care agreement addendum approved by Resolution No. 222-09 will allow the County to continue providing this service to meet the minimum standards set forth by the Commission of Corrections at a reduced cost. Prior to the agreement, the Sheriff’s personnel transported inmates needing dental attention to the dentist’s office, which requires two officers and associated vehicle expenses. This agreement allows for a dentist to treat inmates on-site at the jail, reducing costs and providing a more secure situation. The original agreement was approved by Resolution No. 179-08 on October 14, 2008.)
Comments made regarding Resolution No. 222-09 included:
Legislator O’Grady noted that it was a sad state of affairs when jail inmates get better health treatment than people working for a living.
Legislator Kruger remarked that even if the service is mandated, the Board doesn’t have to approve it; that’s why we have a vote. Not only do employees not have dental coverage, now when new employees retire they won’t have any coverage at all because of the resolution supporting that earlier in the meeting. We’re treating the inmates better than our employees, and he would not support the resolution.
Legislator Ungermann questioned if there was a minimum time that inmates have to be in before the County is mandated to provide dental care. County Administrator John Margeson replied that they are in the custody of the Sheriff from the time they walk in the door, and are eligible for care right away.
Legislator Pullen asked what the consequences would be if the County refused to provide dental care for inmates. County Attorney Thomas Miner offered the opportunity for an attorney/client session for discussion of the potential liability. Mr. Pullen noted he was concerned, not so much with the possible withholding of aid, as there is no specific legislation, but because the state could close down our jail. He didn’t see where we have any other choice without dire repercussions.
Legislator Ungermann referred to a comment made by Erie County Executive Chris Collins recently, that if the state gives you an unfunded mandate, let them sue you. Mr. Pullen Allegany County Board of Legislators, Regular Session, 11/23/09 Page 15 of 16 remarked that he spoke with Mr. Collins in more detail on that, and Mr. Collins picks the fights he can win, not fights that will lead to devastation.
Resolution Intro. No. 235-09 (Authorizing Sale and Conveyance of County's Interest in Real Property in Town of Alma to Joseph H. Townsend; Authorizing Chairman to Execute Deed) was amended on a motion made by Legislator Reynolds, seconded by Legislator Hall and carried, by changing all mention of Joseph H. Townsend to Linda S. Townsend, her town of residence from Friendship to Lockport, and the location of the parcel from Friendship to Alma.
RESOLUTION NO. 223-09
AUTHORIZING SALE AND CONVEYANCE OF COUNTY'S INTEREST IN REAL PROPERTY IN TOWN OF ALMA TO LINDA S. TOWNSEND; AUTHORIZING CHAIRMAN TO EXECUTE DEED
Offered by: Ways and Means Committee
WHEREAS, the County is the owner of certain real property located in the Town of Alma, and
WHEREAS, such property is not being used by the County, and there is no planned use of it by the County, and
WHEREAS, Linda S. Townsend of Lockport, New York has offered to purchase such property for $3,382.03, which includes recording fees, now, therefore, be it
RESOLVED:
1. That this Board authorizes the sale by quit claim deed to Linda S. Townsend of Lockport, New York the following described premises and described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Alma, County of Allegany, State of New York, viz: Tax Map No. 302.-1-22.1.
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 party of the second part, her 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. Allegany County Board of Legislators, Regular Session, 11/23/09 Page 16 of 16
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.
The transferor(s) herein certify that the within description does not split or combine assessment parcels and that the recording of this deed will not result in the alteration or change to or amendment of an existing tax map.
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 $3,382.03, which includes recording fees by purchaser.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hall 14 Ayes, 0 Noes, 1 Absent
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Hopkins and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Truax, seconded by Legislator Reynolds and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $2,101,204.99 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 $7,243,522.)
ADJOURNMENT: The meeting was adjourned at 2:47 p.m. following a motion made by Legislator Reynolds, seconded by Legislator Hall and carried.
ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION
DECEMBER 14, 2009
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Army Staff Sergeant Steve Burns.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 14 Present; 1 Absent (Legislator Hall).
Chairman Curtis W. Crandall recognized the students from the Cattaraugus-Allegany BOCES Culinary Arts class, along with their instructor, for preparing holiday cookies and Old English Wassail. The celebration was organized by the STOP DWI Program in recognition of National Drunk & Drugged Driving Awareness Month.
APPROVAL OF MINUTES:
The Board meeting minutes of November 23, 2009 were approved on a motion made by Legislator Truax, seconded by Legislator Dibble and carried.
PRIVILEGE OF THE FLOOR:
Chairman Crandall presented a certificate to Steve Burns, former United States Army Staff Sergeant, in grateful appreciation of his service to our Country. Mr. Burns’ service dates were from December 1971 to July 1995. Following Basic Training at Fort Knox, KY, duty stations included Fort Benning, GA; Fort Bragg, NC; Fort McClellan, AL; Fort Leonard Wood, MO; Fort Drum, NY; and overseas duty in Germany, Korea, England, France, and Somalia. Commendations he received included: Meritorious Service Medal (2), Army Commendation Medal, Army Achievement Medal, Good Conduct Medal, National Defense Ribbon, Armed Forces Expeditionary Medal, Humanitarian Service Medal, Army Reserve Corps Achievement Medal, Joint Service Achievement Medal, and Korean Service Ribbon. Mr. Burns led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall granted privilege of the floor to Pamela Witter, Houghton College Director of Development, to speak about a new program called Leadership Allegany, which is a comprehensive leadership training program set to launch in the spring. The program is designed to create a dynamic learning environment for local leaders and up-and-coming professionals, with class size limited to ten to fifteen participants annually. Monthly sessions will highlight and give an in-depth view of various County industries in the areas of Allegany County Board of Legislators, Regular Session, 12/14/09 Page 2 of 36 healthcare, the judicial system, government, agriculture, economic development, manufacturing, media, and human services. Participants will gain valuable skills and a realistic understanding of what it takes to do business, and the businesses and organizations in the County will have the opportunity to alert key professionals about their industry. The program is fully funded right now, with sponsors including Houghton College, ACCORD Corporation, Greater Allegany County Chamber of Commerce, the Allegany County Area Foundation, and the United Way of Allegany County. There are various ways to become involved. They are still accepting sponsorships, but they are also looking for speakers to represent various industries, speakers for government day, and they will be calling on people to be panelists. There are spots open on the planning committee, which is currently represented by professionals from Houghton College, the County Chamber, ACCORD Corporation, Jones Memorial Hospital, Fillmore Central School, Alfred State College, Alfred University, and the Allegany County Area Foundation. Ms. Witter noted that she was looking forward to involving the Board on government day, and hopes that the Board will partner with them at some level.
Privilege of the floor was also granted to STOP DWI Coordinator Linda Edwards, who spoke about the annual recognition of National Drunk and Drugged Driving Prevention Month during December. Ms. Edwards gave some statistics on deaths and injuries related to drunk driving, and encouraged action on the part of individuals and communities to help prevent it.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Report of Intrafund Transfers approved by the County Administrator in November.
The following communications were also acknowledged:
1. Southern Tier West Regional Planning and Development Board meeting minutes from November 19, along with a meeting notice for December 17, 2009.
RESOLUTIONS:
RESOLUTION NO. 224-09
RESOLUTION AMENDING BOARD RULES TO CLARIFY HOW VARIOUS MOTIONS ARE HANDLED; AMENDING BOARD RULES TO CREATE A NEW PLANNING AND ECONOMIC DEVELOPMENT STANDING COMMITTEE; AND AMENDING BOARD RULES TO ELIMINATE AND RENUMBER CERTAIN RULES DUE TO DUTIES BEING ASSUMED BY NEW PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
Offered by: Ways and Means Committee
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 3 of 36
RESOLVED:
1. That County Board Rule 150 is amended with the addition of a subparagraph “H” as shown by the material underlined as follows:
H. Treatment of various motions.
1. A motion to adopt a pre-filed resolution will require a second, an opportunity for discussion and/or debate and eight (8) affirmative votes to adopt. Certain pre-filed resolutions will require ten (10) affirmative votes to adopt.
2. A motion to consider a resolution that has not been pre-filed will require a second and ten (10) affirmative votes to pass. The Presiding Officer may allow the motion to be acted upon by voice vote. However, any member may raise a point of order and request the Presiding Officer to take the vote by roll call.
3. A motion to place a resolution on the table can be made only after the resolution has been moved and seconded for consideration. Such a motion requires a second, is not debatable and requires eight (8) affirmative votes to pass.
4. A motion to remove a resolution from the table requires a second, is not debatable and requires eight (8) affirmative votes to pass.
5. A motion to withdraw a resolution, if not made by the sponsor or majority of the sponsors of the resolution or a majority of the members of the committee or committees that sponsored the resolution as provided by County Board Rule 170.C.4., can be made only after the resolution has been moved and seconded for consideration. Such a motion is subject to discussion and/or debate and requires eight (8) affirmative votes to pass. Such a motion may contain a subsidiary motion such as committing or referring the resolution back to the sponsoring committee for potential amendment and/or re-introduction.
6. A motion to refer a resolution to a Standing Committee is made after the motion to consider the resolution has been moved and seconded. A motion to refer a resolution to a Standing Committee requires a second, is open for discussion and/or debate and requires eight (8) affirmative votes to pass.
2. That County Board Rule 190.A. is amended with the addition of a new subparagraph “7” as shown by the material underlined as follows:
7. Planning and Economic Development. (See Rule 220.G.) Allegany County Board of Legislators, Regular Session, 12/14/09 Page 4 of 36
3. That County Board Rule 220 is amended with the addition of a new subparagraph “G” as shown by the material underlined as follows:
G. PLANNING AND ECONOMIC DEVELOPMENT
1. General Jurisdiction:
a. Development of business, industry and recreation.
b. Comprehensive planning.
c. Tourism.
d. Agricultural districting.
e. The preservation of natural resources and the management of County owned lands.
f. County historical matters and preservation of records.
g. Workforce development and training.
2. Specific Jurisdiction:
a. Supervision of the Office of Development and the Advisory Board to the Office of Development.
b. General supervision of the Allegany County Industrial Development Agency and its governing board, the Allegany County Industrial Development Agency Board.
c. Supervision of the County Planner.
d. General supervision of the County Planning Board.
e. Supervision of the Office of Employment and Training. Liaison with the Cattaraugus-Allegany Workforce Investment Board.
f. Supervision of the County Historian and his duties as the Records Management Officer.
g. General supervision of the Allegany County Soil and Water Conservation District and its governing board, the Soil and Water Conservation District Board.
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 5 of 36
h. Supervision of the proposed establishment and periodic review of County Agricultural Districts and recommendation to the County Board on the establishment of a proposed Agricultural District or continuance of an established Agricultural District.
i. Supervision of County reforested lands to include the disposition of trees, timber and other forest products on such lands.
j. General supervision of the County Agricultural and Farmland Protection Board.
k. Liaison with the Region 9 Fish and Wildlife Management Board, the Region 9 Forest Practice Board and the Resource Conservation and Development Board.
l. Contract administration of any County Board approved contract for the administration and performance of tourism promotion.
m. General supervision of the Tourism Advisory Board.
n. Contract administration of any County Board approved contract with the Allegany County Agricultural Society and the Cornell Cooperative Extension of Allegany County.
o. Administration of the State Environmental Quality Review Act (SEQRA) as it affects County governmental operations.
p. General supervision of the contractual relationship between the County Board and the Allegany County Federation of Snowmobilers, Inc. for the development and maintenance of snowmobile trails.
3. Administrative Unit Jurisdiction: a. Office of Development. b. Allegany County Industrial Development Agency Board. c. Office of Planning and/or County Planner. d. County Planning Board. e. County Development Advisory Board. f. County Comprehensive Planning Implementation Committee.
g. County Office of Employment and Training. Allegany County Board of Legislators, Regular Session, 12/14/09 Page 6 of 36
h. Advisory Committee on Tourism.
i. Allegany County Soil and Water Conservation District Board.
j. County Agricultural and Farmland Protection Board.
k. County Historian.
4. That County Board Rule 220.B. is amended with material deleted indicated by strike out as follows:
B. COURT FACILITIES AND COUNTY SPACE NEEDS
1. General Jurisdiction:
a. Comprehensive planning for the space needs of the court system and all County departments and offices including capital planning for all costs associated with such planning. Subject to final approval by the full Board of Legislators.
b. Planning and oversight of all County physical plant construction or acquisition and space allocation including the financing and payment of all costs associated with such construction, acquisition and space allocation. Subject to final approval by the full Board of Legislators.
2. Specific Jurisdiction:
a. Study, formulate and recommend to the County Board for adoption, plans for the utilization of existing and proposed County physical plant facilities for the needs of the court system and all County departments and offices.
b. Study, formulate and recommend to the County Board for adoption, methods of financing and paying the costs of any and all renovations, additions and changes to existing County physical plant facilities and the costs of construction or acquisition of new or proposed County physical plant facilities necessary for the needs of the court system and all County departments and offices.
c. Supervision of County Administrator’s space allocation powers and duties.
d. Administration of the State Environmental Quality Review Act (SEQRA) as it affects existing County physical plant facilities and as applicable to proposed County physical plant facilities. Allegany County Board of Legislators, Regular Session, 12/14/09 Page 7 of 36
e. Supervision of County Historian in performance of Records Management Officer powers and duties. (See Res. 223-88)
3. Administrative Unit Jurisdiction:
a. Office of Planning and/or County Planner with respect to planning for proposed County facilities and allocation of space in such facilities.
b. County Administrator with respect to space allocation powers and duties of County Administrator.
c. County Historian in performance of Records Management Officer powers and duties.
5. That County Board Rule 220.D. is amended with material deleted indicated by strike out and material added, consisting of renumbering or re-lettering, shown by the material underlined as follows:
D. PUBLIC WORKS
1. General Jurisdiction:
a. County highways, bridges, solid waste management facilities and building maintenance.
b. Capital planning for highways, bridges and solid waste management facilities.
c. Monitoring of County assets.
d. 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 or is no longer necessary for County purposes.
e. Landfill Asset Development.
f. Agricultural Districting.
g. Use of natural resources.
h. Snowmobile issues
2. Specific Jurisdiction:
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 8 of 36
a. Supervision of the Department of Public Works.
b. Designated to perform the powers and duties of the “committee” under Local Law No. 3 of 1980, in relation to County parking areas.
c. Specific authority to approve or disapprove the sale by the County Superintendent of Public Works of any machinery, equipment, tools and implements used for highway, snow removal or bridge purposes no longer needed by the County, or which shall have become worn out or obsolete, and, to approve or disapprove the exchange of such machinery, equipment, tools and implements or their surrender to the vendor as part payment for new machinery, equipment, tools and implements. (See Highway Law Section 133, Subdivision 4.)
d. Specific authority to approve or disapprove any purchase of new machinery which is chargeable to the County Road Machinery Fund and which has a value in excess of one thousand dollars. (See Highway Law Section 133, Subdivision 4.)
e. Specific authority to approve or disapprove the sale by the County Superintendent of Public Works of any machinery, equipment, tools and implements used for County solid waste purposes no longer needed by the County, or which shall have become worn out or obsolete, and, to approve or disapprove the exchange of such machinery, equipment, tools and implements or their surrender to the vendor as part payment for new machinery, equipment, tools and implements. (See County Law Section 215, 226-b)
f. Specific authority to approve or disapprove any purchase of new machinery which is chargeable to the General Fund and within appropriations for County solid waste purposes and which has a value in excess of one thousand dollars. (See County Law Section 215, 226-b, 408)
g. Maintenance planning and maintenance of County facilities.
h. Vehicle fleet management including the acquisition of new County vehicles and maintenance of the County vehicle fleet.
i. Monitor development of State and local resources within the County.
j. 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.
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 9 of 36
k. i. Administration of the State Environmental Quality Review Act (SEQRA) as it affects existing or proposed County highways, bridges and solid waste facilities. (See Res. 62-77, 193-77, 9-83)
l. General supervision of the County Agricultural and Farmland Protection Board.
m. Supervision of County reforested lands to include the disposition of trees, timber and other forest products on such lands.
n. General supervision of the Allegany County Soil and Water Conservation District and its governing board, the Soil and Water Conservation District Board.
o. Contract administration of any County Board approved contract with the Agricultural Society and the Cooperative Extension Association of Allegany County.
p. Liaison with the Region 9 Fish and Wildlife Management Board, the Region 9 Forest Practice Board and the Resource Conservation and Development Board.
q. Supervision of County forest lands, parks and recreation areas.
3. Administrative Unit Jurisdiction:
a. Department of Public Works.
b. Allegany County Soil and Water Conservation District Board.
c. County Agricultural and Farmland Protection Board.
d. b. All County Departments with respect to General and Specific Jurisdiction of the committee.
6. That County Board Rule 220.E. is amended with material deleted indicated by strike out and material added, consisting of renumbering or re-lettering, shown by the material underlined as follows:
E. WAYS AND MEANS
1. General Jurisdiction:
a. General administrative operations rules and regulations of County government.
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 10 of 36
b. General legislative operations rules of the County Board.
c. County enforcement procedures in relation to the collection of the real property tax.
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 systems excluding police and emergency systems.
h. General responsibility for the planning, control, and oversight of the County Budget.
i. Oversight of general County revenues, appropriations, and expenditures.
j. General development of business, industry and recreation.
k. Tourism.
l. County historical matters to include historical real and personal property and historical records.
2. Specific Jurisdiction:
a. Study, formulate and recommend to the County Board for adoption, rules and regulations which affect the general administrative operations of the 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 except in performance of Records Management Officer powers and duties. (See Res. 223-88)
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 11 of 36
e. d. Investigate and report on whether a person recommended to fill any vacancy in the Office of County Legislature meets the qualifications set forth in Local Law No. 3 of 1993.
f. e. Supervision of County Real Property Tax Service Agency in performance of its respective powers and duties relating to the matters under General Jurisdiction.
g. f. 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. g. 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. h. Responsible for the development of policies and procedures relating to interdepartmental networking of data processing systems.
j. i. 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.
k. j. Receive and evaluate on a monthly basis budget monitoring reports and other budget related information from County departments and offices.
l. k. 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.
m. l. 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.
n. m. Supervision of County Treasurer’s fixed assets records powers and duties. (See Res. 74-86)
o. n. Offer for County Board action any of the following:
(1) a transfer of funds between capital projects established by resolution of the County Board. Allegany County Board of Legislators, Regular Session, 12/14/09 Page 12 of 36
(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 insurance proceeds received for the loss, theft, damage or destruction of real or personal property, when proposed to be used or applied to repair or replace such property. (See County Law Section 366)
p. General supervision of the County Planning Board.
q. Supervision of Office of Development and its advisory board, the Advisory Board to the Office of Development.
r. Supervision of the Office of Employment and Training. Liaison with the Allegany-Cattaraugus Workforce Investment Board.
s. General supervision of the Allegany County Industrial Development Agency and its governing board, the Allegany County Industrial Development Agency Board.
t. General supervision of the Allegany County Industrial and Commercial Incentive Board.
u. Supervision of the County Historian.
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.
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 13 of 36
e. County Historian except in performing Records Management Officer powers and duties.
f. e. Real Property Tax Service Agency.
g. f. Information Technology Department.
h. g. Budget Officer and Deputies.
i. h. County Treasurer.
j. Office of Planning and/or County Planner.
k. County Planning Board.
l. Office of Development.
m. Advisory Committee on Tourism.
n. Office of Employment and Training.
o. Allegany County Industrial Development Agency Board.
p. Allegany County Industrial and Commercial Incentive Board.
7. This resolution shall become effective January 1, 2010.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 12 Ayes, 2 Noes, 1 Absent Voting No: Kruger, Ungermann
A motion was made by Legislator Reynolds, seconded by Legislator Truax and carried to amend Resolution Intro. No. 237-09 (A Resolution in Relation to the Compensation of County Officers and Employees) to change the job title of the second from the last position at the end of the resolution from JTPA Summer Counselors to WIA Summer Counselors.
RESOLUTION NO. 225-09
A RESOLUTION IN RELATION TO THE COMPENSATION OF COUNTY OFFICERS AND EMPLOYEES
Offered by: Personnel Committee
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 14 of 36
RESOLVED:
1. That commencing January 1, 2010, 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. 149-2005, and which salary or rate of compensation such unit employee is entitled to receive commencing January 1, 2010, 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, 2010, 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, 2010, 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 her jurisdiction receiving such recommendation being approved.
3. That commencing January 1, 2010, each unit employee occupying a position set forth in Agreement between the County of Allegany and the Allegany County Deputy Sheriff's Association, which 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, 2010, 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, 2010, each employee occupying a position in the “New York State Public Employees Federation” as recognized by this Board by Resolution No. 193-2007, shall receive the salary or rate of compensation for the step of the Grade of the position occupied that is set forth in Resolution No. 206-08, and which salary such Public Employee Federation member is entitled to receive commencing January 1, 2010; the increment recommendations from the department heads for each employee under their jurisdiction receiving such recommendation being approved.
5. That commencing January 1, 2010, 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. 206-08, and which salary such non-unit employee is entitled to receive commencing January 1, 2010; the increment recommendations from the department heads for each such non-unit employee under their jurisdiction receiving such recommendation being approved. Allegany County Board of Legislators, Regular Session, 12/14/09 Page 15 of 36
6. 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, four and five of this resolution to the County officers who are responsible for preparing the payrolls of such employees.
7. That commencing January 1, 2010, 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 Base Salary
County Legislators (15) 8,500 Chairman of the Board 8,500 Majority Leader 300 Minority Leader 300 Budget Officer 2,500 Deputy Budget Officer 2,500 County Administrator 89,685 Deputy County Administrator 60,000 Clerk of the Board 52,695 District Attorney 119,800 Assistant District Attorney (1st) 34,887 Assistant District Attorney (2nd) 32,377 Assistant District Attorney (3rd) 32,377 Assistant District Attorney (4th) 32,377 Assistant District Attorney (5th) RTR 26,000 Assistant District Attorney (6th) Welfare 24,000 District Attorney Investigator (PT) 12,669 Public Defender 84,050 Assistant Public Defender (1st) 71,750 Coroners 150 p/d Coroners' Physician 50 p/d Deputy County Auditor 1,200 County Treasurer 66,178 County Attorney 88,838 Assistant County Attorney (1st) 76,106 Assistant County Attorney (2nd) 56,631 Assistant County Attorney (3rd) 55,606 Election Commissioners (2) 13,193 Election Technicians 16.00/hr. Election Inspectors 85/day primary Election Inspectors 135/day general Seasonal Laborers (Public Works) 8.00/hr. Information Technology Director 62,077 Allegany County Board of Legislators, Regular Session, 12/14/09 Page 16 of 36
Probation Director II 57,120 STOP DWI Coordinator 15,069 Youth Director 28,931 Fire Coordinator 14,150 Emergency Services Director 42,462 Medical Director 20,000 Community Services Director 36,339 Social Services Commissioner 70,525 Development Director 76,118 Office for the Aging Director 55,653 Office for the Aging: Site Managers 7.50-9.50/hr. Drivers, Aides 7.50-9.50/hr. Rushford Lake: Youth Agencies Director 485/wk. Lifeguards 9.25/hr. WIA Summer Counselors 12/hr. Executive Secretary, Workers Comp. 31,550
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Russo 13 Ayes, 1 No, 1 Absent Voting No: Kruger
(Memo: The chart at the end of Resolution No. 225-09 does not include any officers whose salaries were set by Local Law No. 1-09 approved by Resolution No. 189-09 on October 26, 2009.)
RESOLUTION NO. 226-09
AMENDMENT OF RESOLUTION NO. 297-75 TO PROVIDE NEW SALARY GRADE SCHEDULE IN COUNTY NON-UNIT SALARY PLAN
Offered by: Personnel Committee
RESOLVED:
1. That effective January 1, 2010, Section 6 of Resolution No. 297-75, as last amended by Resolution No. 206-2008, is amended to read as follows:
Section 6. The following salary grades are hereby established for use in determining the compensation for the positions graded in Section Three of this resolution:
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 17 of 36
Grade Base Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Inc
1 25,718 26,490 27,285 28,102 28,945 29,814 30,709 31,629 32,578 33,555 34,561 35,598 898 2 27,285 28,102 28,945 29,814 30,709 31,629 32,578 33,555 34,561 35,598 36,667 37,767 953 3 28,945 29,814 30,709 31,629 32,578 33,555 34,561 35,598 36,667 37,767 38,900 40,066 1,011 4 30,709 31,629 32,578 33,555 34,561 35,598 36,667 37,767 38,900 40,066 41,269 42,509 1,073 5 32,578 33,555 34,561 35,598 36,667 37,767 38,900 40,066 41,269 42,509 43,783 45,096 1,138 6 34,561 35,598 36,667 37,767 38,900 40,066 41,269 42,509 43,783 45,096 46,449 47,843 1,208 7 36,667 37,767 38,900 40,066 41,269 42,509 43,783 45,096 46,449 47,843 49,279 50,757 1,281 8 38,900 40,066 41,269 42,509 43,783 45,096 46,449 47,843 49,279 50,757 52,279 53,849 1,359 9 41,269 42,509 43,783 45,096 46,449 47,843 49,279 50,757 52,279 53,849 55,464 57,127 1,442 10 43,783 45,096 46,449 47,843 49,279 50,757 52,279 53,849 55,464 57,127 58,840 60,605 1,530 11 46,449 47,843 49,279 50,757 52,279 53,849 55,464 57,127 58,840 60,605 62,423 64,297 1,623
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Fanton 13 Ayes, 1 No, 1 Absent Voting No: Kruger
RESOLUTION NO. 227-09
CREATING POSITION OF NETWORK ADMINISTRATOR IN THE INFORMATION TECHNOLOGY DEPARTMENT
Offered by: Ways and Means Committee
RESOLVED:
1. That one position of Network Administrator is created in the Information Technology Department.
2. This resolution shall take effect on December 15, 2009.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 11 Ayes, 3 Noes, 1 Absent Voting No: Kruger, McCormick, Ungermann
(Memo: The additional Network Administrator position created by Resolution No. 227-09 is an upgrade necessitated by the added responsibilities of the Senior Network Technician within the Department of Social Services. After the retirement of two DSS employees, the Senior Network Technician will be managing the state DSS network, carrying the same responsibilities as the current Network Administrator. The upgrade would also allow the Network Administrators to share the responsibilities of the County network and phone system, which has changed significantly since 2001 and will continue to change with the addition of the new building. The Department of Social Services currently covers a significant portion of the salary for this position, and would increase the amount to cover the cost of the upgrade.)
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 18 of 36
Comments made regarding Resolution No. 227-09 included: Legislator O'Grady questioned if the position would fall into the new State Retirement System Tier 5. County Administrator John Margeson replied that it wouldn't; the position is an upgrade of an existing employee.
RESOLUTION NO. 228-09
UPGRADING ONE HUMAN RESOURCES SPECIALIST AND TWO HUMAN RESOURCES ASSISTANTS IN HUMAN RESOURCES OFFICE DUE TO HUMAN RESOURCES REEVALUATION; AMENDING NON-UNIT SALARY PLAN
Offered by: Personnel Committee
WHEREAS, the Human Resources office has upgraded one position of Human Resources Specialist and two positions of Human Resources Assistants in the Human Resources Office, now, therefore, be it
RESOLVED:
1. That the position of Human Resources Specialist in the Human Resources Office is upgraded from Grade 6 to Grade 7 and the two positions of Human Resources Assistants are upgraded from Grade 2 to Grade 4 in the Non-Unit Salary Plan.
2. This resolution shall take effect on January 1, 2010.
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Fanton 11 Ayes, 3 Noes, 1 Absent Voting No: Kruger, McCormick, Ungermann
(Memo: The upgrades approved by Resolution No. 228-09 were requested based on knowledge of the laws, policies and procedures covering civil service law and rules, retirement regulations, disability insurance contract language pertaining to accrued time, numerous County policies, and direct dealings with municipalities, employees, and retirees.)
Comments made regarding Resolution No. 228-09 included:
Legislator Kruger remarked that the government snowball continues to get bigger. Upgrades should occur when responsibilities change significantly, and Mr. Kruger didn't believe that had happened in the Human Resources Department. He commented on the department wanting to contract out last year for $12,000 for the establishment of the workplace violence policy, instead of completing it in-house, and now they're coming back for upgrades.
Legislator Pullen reported that he spoke with Human Resources Director Ellen Ruckle after she made the request in Personnel Committee. Ms. Ruckle explained that they have not added positions, but had existing staff take on additional responsibilities and gain additional Allegany County Board of Legislators, Regular Session, 12/14/09 Page 19 of 36 training, which has increased the level and scope of their performance. Mr. Pullen concluded that this is exactly the type of approach he likes to see, so he supported the request.
RESOLUTION NO. 229-09
REAPPOINTMENT OF MEMBERS TO ALLEGANY COUNTY BOARD OF ETHICS
Offered by: Personnel Committee
Pursuant to Local Law No. 2 of 1970
RESOLVED:
1. That Pastor Kenneth Chroniger of Alfred Station, New York, Dr. Robert Black of Houghton, New York, Darwin Fanton of Wellsville, New York, Brenda Rigby Riehle of Belmont, New York and Thomas Hennessy of Wellsville, New York are reappointed as members of the Allegany County Board of Ethics to serve at the pleasure of the Board of Legislators with term of office commencing January 1, 2010, and expiring December 31, 2013.
Moved by: Mr. Russo Adopted: Voice Vote Seconded by: Mr. Fanton
RESOLUTION NO. 230-09
RESOLUTION LEVYING COUNTY TAXES
Offered by: Ways and Means Committee
Pursuant to County Law § 360 and Real Property Tax Law § 900
WHEREAS, this Board, by Resolution No. 211-2009, has adopted a final budget for the fiscal year 2010, and
WHEREAS, this Board, by Resolution No. 212-2009, made appropriations for the conduct of the County Government for the fiscal year 2010, and
WHEREAS, in order to meet such appropriations it will be necessary to levy taxes, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators levies County taxes in the amount of $27,139,034 upon all the taxable real property in the County liable therefor.
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 20 of 36
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 231-09
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: Ways and Means 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, 2009.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 232-09
LEVYING TAXES AND ASSESSMENTS REQUIRED FOR PURPOSES OF ANNUAL BUDGETS OF THE TOWNS OF ALLEGANY COUNTY
Offered by: Ways and Means Committee Allegany County Board of Legislators, Regular Session, 12/14/09 Page 21 of 36
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, 2010, 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:
General Fund Highway Fund
Alfred 16,618.00 105,302.00 Almond 12,474.00 163,632.00 Amity (-350.00) 191,870.00 Andover 18,526.00 140,482.00 Angelica 1,605.00 45,147.00 Bolivar 19,254.00 202,012.00 Burns 6,660.00 42,060.00 Cuba 0.00 275,094.00 Wellsville 116,376.00 318,530.13 Wirt 437.95 119,786.72
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:
General Fund Highway Fund
Alfred 113,819.00 202,359.00 Allen 92,449.00 128,820.00 Alma 195,678.00 340,283.00 Almond 157,550.00 195,314.00 Amity 147,475.00 125,955.00 Andover 140,324.00 169,657.00 Angelica 100,409.00 92,392.00 Belfast 256,294.00 355,900.00 Birdsall 79,500.00 82,800.00 Bolivar 147,056.00 197,743.00 Burns 95,875.00 146,750.00 Caneadea 188,841.00 474,422.00 Allegany County Board of Legislators, Regular Session, 12/14/09 Page 22 of 36
Centerville 145,892.00 184,354.00 Clarksville 146,385.00 296,750.00 Cuba 612,428.00 203,361.00 Friendship 268,994.00 246,504.00 Genesee 122,305.00 382,250.00 Granger 87,550.00 161,300.00 Grove 125,709.00 249,572.00 Hume 190,500.00 398,500.00 Independence 200,659.00 408,692.00 New Hudson 122,798.00 268,573.00 Rushford 278,850.00 428,625.00 Scio 191,228.00 344,473.00 Ward 103,743.00 172,470.00 Wellsville 603,460.00 289,548.31 West Almond 93,000.00 44,000.00 Willing 213,212.00 210,985.00 Wirt 163,363.56 250,943.64
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 Fire Protection 31,000.00 Hydrant 352.00 Allen Fire District 13,550.00 Alma Fire Protection 51,000.00 Light District 2,100.00 Almond Fire Protection 25,000.00 Amity Fire District 47,000.00 Andover Fire Protection 29,500.00 Angelica Fire Protection District 33,600.00 Belfast Water 88,709.00 Fire District 58,778.00 Light 7,500.00 Birdsall Fire 21,305.00 Bolivar Richburg-Wirt Fire District 4,448.00 Bolivar Joint Fire District 108,000.00 Burns Canaseraga Fire Protection 16,000.00 Caneadea Houghton Water District 153,895.00 Houghton Sewer District 61,020.00 Caneadea Light 2,600.00 Houghton Light 15,000.00 Oramel Light 650.00 Rushford Lake District 39,600.00 Caneadea Fire 106,390.00 Allegany County Board of Legislators, Regular Session, 12/14/09 Page 23 of 36
Centerville Fire Districts 25,450.00 Clarksville Fire District 71,000.00 Cuba Fire District 52,422.00 Sewer #1 (Echo Lanes) 0.00 Sewer #3 (Acme) 0.00 Sewer #5 (Capital note) 19,273.00 Sewer #5 (Usage) 64,800.00 Water #3 (Acme) 0.00 Water #4 (School) 2,876.00 Lake District 46,464.00 Friendship Fire Protection District 91,250.00 Street Lighting District 18,475.00 Sidewalks Fund 43,405.00 Refuse & Garbage District 52,330.00 Genesee Fire Protection 1 (Bolivar) 39,000.00 Fire Protection 2 (Portville) 30,380.00 Granger Fire Protection 17,500.00 Grove Swain Lighting District 2,500.00 Canaseraga Fire District 1 16,000.00 Nunda Fire District 2 2,000.00 Hume Fire Protection 80,145.00 Light District 1 (Hume) 3,765.00 Light District 2 (R & W) 3,990.00 Light District 3 9,725.00 Sidewalk 21,915.00 Sewer District 0.00 Consolidated Water Dist. 0.00 Independence Fire 50,000.00 Street Light 10,000.00 Water District 0.00 New Hudson Light District 1 2,500.00 Fire District 1 32,000.00 Rushford Lighting District 6,500.00 Rushford Lake Rec. Dist. 180,400.00 Rushford Fire District 88,500.00 Scio Consolidated Water Dist. 41,900.00 Light District 1 16,000.00 Fire District 1 29,917.00 Fire District 2 59,833.00 Ward Fire Protection 8,500.00 Wellsville Fire Protection District 109,000.00 Hillcrest Lighting District 285.00 E. State St. Sewer District 495.00 Sinclair Sewer District 2,000.00 Bolivar Rd. Sewer District 1,800.00 Airport Sewer District 0.00 Allegany County Board of Legislators, Regular Session, 12/14/09 Page 24 of 36
Sinclair Water District 2,000.00 Riverside Water District 1,000.00 East State Water District 1,000.00 Bolivar Rd. Water District 1,000.00 George St. Water District 0.00 W. Wellsville Water District 19,725.00 Airway Sanitary Sewer Dist. 0.00 Phillips Creek Water District 0.00 West Almond Fire District 8,960.00 Willing Fire Department 65,430.00 Wirt Fire Protection Townwide 88,224.00
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. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 233-09
A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2009-2010 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
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 25 of 36
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 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 Amity is ordered and directed to correct in the 2009-2010 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. New York Telephone Co.; Parcel #628.089-9999-631.900/1881 Assessment: Land $487,400 Total $487,400 this parcel was given the wrong assessment, and by reducing the Total Taxable Value to $364,247, and by correcting the County and Town taxes, as follows:
School $7,658.58 Library 165.16 Total $7,823.74 and the County Treasurer is directed to make the following refund:
School $2,589.38 Library 55.84 Total $2,645.22
b. New York Telephone Co.; Parcel #628.089-9999-631.900/1882 Assessment: Land $137,900 Total $137,900 this Parcel was given the wrong assessment, and by reducing the Total Taxable Value to $35,893, and by correcting the County and Town taxes, as follows:
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 26 of 36
School $1,115.10 Library 7.12 Total $1,122.22 and the County Treasurer is directed to make the following refund:
School $3,169.07 Library 20.24 Total $3,189.31
5. That the Tax Collector of the Town of Genesee is ordered and directed to correct in the 2009 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Reiss, Dona M., Attn: Herth, C. Parcel 296.-1-9.4 Assessment: Land $9,300 Total $22,200 this Parcel is a duplicate and should have been deleted from the tax roll, and the County Treasurer is directed to make the following charge on her books:
County $339.54 Town 190.98 Fire 29.80 School Relevy 413.69 Total $974.01
b. Reiss, Dona M., Attn: Herth, C. Parcel 296.-1-9.41/2 Assessment: Land $9,300 Total $22,200 this Parcel is a duplicate and should have been deleted from the tax roll, and the County Treasurer is directed to make the following charge on her books:
County $339.54 Town 190.98 Fire 29.80 School Relevy 413.69 Total $974.01
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 Allegany County Board of Legislators, Regular Session, 12/14/09 Page 27 of 36 charged and which shall be paid to each School after May 1, 2010. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2010.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 234-09
ACCEPTANCE AND APPROPRIATION OF DONATIONS AND GIFTS FROM WELLSVILLE CHAMBER OF COMMERCE, WELLSVILLE CURVES AND SUSAN KADUC TO VARIOUS HEALTH DEPARTMENT ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $200 from the Wellsville Chamber of Commerce, $25 from Wellsville Curves and $5,000 from Susan Kaduc, is accepted.
2. That the accepted sum of $5,225 is appropriated as follows: $200 to Account No. A4010.1, $5,025 to Account No. A4071.4 with a sum of $200 credited to Revenue Account No. A08.2705.01 and $5,025 to Revenue Account No. A08.2705.4071.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 14 Ayes, 0 Noes, 1 Absent
(Memo: The funds accepted by Resolution No. 234-09 were donated to the Cancer Services Program for provision of services to cancer residents of Allegany County.)
RESOLUTION NO. 235-09
ACCEPTING AND APPROPRIATING FUNDS FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 THROUGH NYS DOH BUREAU OF IMMUNIZATION AND BUREAU OF FAMILY HEALTH FOR EARLY INTERVENTION ADMINISTRATION TO VARIOUS HEALTH DEPARTMENT ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $41,712 in state funding through the American Recovery and Reinvestment Act of 2009 is accepted.
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 28 of 36
2. That the accepted sum of $41,712 is appropriated as follows: $10,000 to Account No. A4010.1, $20,000 to Account No. A4010.4, $3,000 to Account No. A4052.2, $8,712 to Account No. A4052.4 with a like sum credited to Revenue Account No. A11.4489.HLST.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 13 Ayes, 1 No, 1 Absent Voting No: Kruger
Comments made regarding Resolution No. 235-09 included: Legislator Kruger questioned what the funding in the resolution had to do with stimulating the economy. Legislator Ungermann asked how it created any private sector, tax-paying jobs. He questions if this is what the stimulus funding was intended for. Obviously the state has taken the stimulus money which was meant to create jobs and decided to fund their programs with it.
RESOLUTION NO. 236-09
ACCEPTING AND APPROPRIATING STATE AND FEDERAL FUNDS FROM NEW YORK STATE HEALTH DEPARTMENT TO PUBLIC HEALTH ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $170,299 in state funds to provide services under County Public Health Emergency Preparedness is accepted.
2. That the accepted sum of $170,299 is appropriated as follows: $27,654 to Account No. A4010.1, $17,913 to Account No. A4189.2, $112,144 to Account No. A4189.4, $12,588 to Account No. A4189.8 with a sum of $170,299 credited to Revenue Account No. A11.4489.4189.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 14 Ayes, 0 Noes, 1 Absent
(Memo: The funding accepted by Resolution No. 236-09 will aid the County in continuing Public Health Emergency Preparedness activities, such as H1N1 vaccinations.)
RESOLUTION NO. 237-09
ACCEPTANCE OF INSURANCE PAYMENTS FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS
Offered by: Ways and Means Committee
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 29 of 36
WHEREAS, a check in the amount of $181.95, representing the cost to replace a broken windshield on a County 2007 Chevrolet Impala has been offered by NYMIR in settlement for such property damage, which was discovered on November 5, 2009, and
WHEREAS, a check in the amount of $2,143.42, representing the cost, less a $200 deductible, to repair a 2006 Crown Victoria that was damaged when the vehicle struck a deer on November 3, 2009, has been offered by NYMIR in settlement for such property damage, now, therefore, be it
RESOLVED:
1. That insurance payments totaling $2,325.37 from NYMIR representing the cost of replacing a broken window and reimbursable expenses for the repair of a 2006 Crown Victoria are accepted.
2. That the sum of $2,325.37 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680.00 (Risk Retention – Insurance Recovery).
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Russo 14 Ayes, 0 Noes, 1 Absent
(Memo: The vehicles referred to in Resolution No. 237-09 were assigned to Community Services and the Sheriff’s Office respectively.)
RESOLUTION NO. 238-09
TRANSFER OF FUNDS WITHIN OFFICE FOR THE AGING ACCOUNTS TO COVER END OF YEAR EXPENSES
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $11,123 is transferred as follows: $3,000 from Account No. A6772.4 to Account No. A6772.1, $2,300 from Account No. A6773.1 to Account No. A6773.8, $1,300 from Account No. A6778.4 to Account No. A6778.1, $123 from Account No. A6782.4 to Account No. A6782.8, $400 from Account No. A6783.4 to Account No. A6783.2 and $4,000 from Account No. A6776.4 to Account No. A6773.4.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 14 Ayes, 0 Noes, 1 Absent
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 30 of 36
RESOLUTION NO. 239-09
TRANSFER OF FUNDS WITHIN HEALTH DEPARTMENT APPROPRIATION ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $105,349 is transferred within appropriation accounts to cover expenditures through the end of fiscal year 2009, as follows: $12,000 from Account No. A4010.103 to Account No. A4010.104, $675 from Account No. A4035.4 to Account No. A4035.2, $5,000 from Account No. A4060.456 to Account No. A4043.409, $1,200 from Account No. A4071.4 to Account No. A4071.2, $2,000 from Account No. A4060.2 to Account No. A4072.4, $2,000 from Account No. A4190.2 to Account No. A4190.4, $7,999 from Account No. A4060.4 to Account No. A4040.1 and $74,475 from Account No. A4060.456 to Account No. A4040.4.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent
RESOLUTION NO. 240-09
TRANSFER OF FUNDS WITHIN ASSESSMENTS ACCOUNTS
Offered by: Ways and Means Committee
RESOLVED:
1. That the sum of $1,546 is transferred from Account No. A1355.4 to Account No. A1355.1, to cover unexpected compensation expenses and anticipated shortage of funds created by sell backs.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 Absent
Resolution Intro. No. 254-09 (Acceptance of Base Bid, Alternate Bid #5 – Replace Existing Control Valves, and Alternate Bid #6 – Solid Surface Lavatory Two Station by Javen Construction for General Construction Services Related to the Court Facilities Addition and Renovation) was considered prior to Resolution Intro. No. 253-09 (Acceptance of Alternate Bids #1 through #4 by Javen Construction for General Construction Services Related to the Court Facilities Addition and Renovation; This Acceptance is Contingent upon Written Verification from New York State Office of Court Administration Prior to December 14, 2009 that They will Provide Funding for these Alternatives).
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 31 of 36
RESOLUTION NO. 241-09
ACCEPTANCE OF BASE BID, ALTERNATE BID #5 – REPLACE EXISTING CONTROL VALVES AND ALTERNATE BID #6 – SOLID SURFACE LAVATORY TWO STATION BY JAVEN CONSTRUCTION FOR GENERAL CONSTRUCTION SERVICES RELATED TO THE COURT FACILITIES ADDITION AND RENOVATION
Offered by: Court Facilities and County Space Needs Committee
WHEREAS, a base bid of $8,997,000 for general construction services for the Court Facilities Addition and Renovation by Javen Construction was accepted, and
WHEREAS, an Alternate #5 bid to replace existing control valves (an energy efficiency option) at an additional cost of $39,000 for the Court Facilities Addition and Renovation by Javen Construction was accepted, and
WHEREAS, an Alternate #6 bid for solid surface lavatory two station (a durability option) at an additional cost of $8,800 for the Court Facilities Addition and Renovation by Javen Construction was accepted, and
WHEREAS, the County is prepared to issue a Notice of Award and enter into an agreement with Javen Construction, subject to any determination or order that might ensue in a court proceeding presently pending in Supreme Court before the Hon. Patrick H. NeMoyer concerning the subject matter of the proposed agreement, now therefore, be it
RESOLVED:
1. That the base bid and alternate bids #5 and #6 for general construction services related to the Court Facilities Addition and Renovation submitted by Javen Construction are approved.
2. That the Notice of Award and agreement with Javen Construction shall indicate that they are subject to modification or cancellation if required by subsequent court order or determination ensuing from the proceeding presently pending in Supreme Court.
3. That the Chairman of this Board is authorized to execute any and all paperwork for such bids.
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Fanton 10 Ayes, 4 Noes, 1 Absent Voting No: Kruger, McCormick, Truax, Ungermann
Comments made regarding Resolution No. 241-09 included:
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 32 of 36
Legislator Kruger felt that it was unwise to move forward with either of the construction bid resolutions until the Judge in Buffalo renders his decision on an injunction requested by the Allegany County Citizens Group. Mr. Kruger didn't see where waiting three or four weeks would make any difference.
Legislator Pullen stated that the bids have a given period before they expire. The bids came in significantly lower than the estimates, so the project is now significantly under the original authorization and projections. We are already slightly over the 45 day period to accept the bids, and if we postpone this for another two weeks, the contractors could withdraw their bids. Mr. Pullen remarked that he’d hate to see us lose the benefits achieved through the efforts of this Board, and he strongly encouraged proceeding and awarding the bids.
Legislator Ungermann noted that the cost of the jail floor renovation could have been $1.2 million or $1.5 million, instead of his estimated $4 million, judging from the current market. He stated that there was no one present that didn't know how he felt about this project. There are a couple of common sense issues: 1- we can’t afford this; 2- we shouldn’t build near a 50-foot drop-off by the Genesee River; and 3- there's a 15-thousand-ton coal train going by several times a day within 100 feet of the proposed building.
RESOLUTION NO. 242-09
ACCEPTANCE OF ALTERNATE BIDS #1 THROUGH #4 BY JAVEN CONSTRUCTION FOR GENERAL CONSTRUCTION SERVICES RELATED TO THE COURT FACILITIES ADDITION AND RENOVATION; THIS ACCEPTANCE IS CONTINGENT UPON WRITTEN VERIFICATION FROM NEW YORK STATE OFFICE OF COURT ADMINISTRATION PRIOR TO DECEMBER 14, 2009, THAT THEY WILL PROVIDE FUNDING FOR THESE ALTERNATIVES
Offered by: Court Facilities and County Space Needs Committee
WHEREAS, alternate bids #1 through #4 to polish brass light fixtures, light fixture removal and replacement, refinish pew and jury box seating and enlarge existing courtroom bench for the Court Facilities Addition and Renovation by Javen Construction have been received, and
WHEREAS, alternate bids #1 through #4 are accepted contingent upon written verification from New York State Office of Court Administration prior to December 14, 2009, that the Office of Court Administration will provide funding for these alternates, now, therefore, be it
RESOLVED:
1. That alternate bids #1 through #4 submitted by Javen Construction are approved, contingent upon written verification from New York State Office of Court Administration prior to December 14, 2009, that they will provide funding for these alternates. Allegany County Board of Legislators, Regular Session, 12/14/09 Page 33 of 36
2. That the Notice of Award and agreement with Javen Construction shall indicate that they are subject to modification or cancellation if required by subsequent court order or determination ensuing from the proceeding presently pending in Supreme Court.
3. That the Chairman of this Board is authorized to execute any and all paperwork for such bids.
Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Fanton 10 Ayes, 4 Noes, 1 Absent Voting No: Kruger, McCormick, Truax, Ungermann
Comments made regarding Resolution No. 242-09 included:
Legislator Kruger noted that we all complain about state mandates and how costly they are to the taxpayers, and we hear about devastating consequences that will occur if we don’t comply, but it’s this Board’s responsibility to stand up to the state. It’s not only Medicaid that buries us in payments, it’s one program right on top of another that the state starts and begins to fund for a couple of years, and then they pull the funding. It's our failure to end those programs that keeps us the highest taxed county in NYS.
Chairman Crandall remarked that this resolution is only to accept the alternate bids that the state is paying for. Legislator Kruger replied that the state mandate from the Office of Court Administration to build a Court facility is at the root of it all.
Legislator Pullen clarified that the resolution involves alternates; they are not change orders, and they’re not due to a mistake. The resolution was contingent on written verification from the OCA that they will pay for the alternates, and this verification has been received. The cost will not be coming out of the bonding the County will do for the project.
RESOLUTION NO. 243-09
APPROVAL OF AGREEMENTS WITH APPROVED PROVIDERS OF PROGRAMS, SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES
Offered by: Human Services Committee
RESOLVED:
1. That Agreements titled "County of Allegany Contract for Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with Kid Start Livingston Wyoming ARC and Building Blocks Comprehensive Services, for the period September 1, 2009, to August 31, 2010, are approved.
2. That the Chairman of this Board is authorized to execute such Agreement.
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 34 of 36
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 12 Ayes, 2 Noes, 1 Absent Voting No: Kruger, Ungermann
Comments made regarding Resolution No. 243-09 included:
Legislator Kruger noted that it was important that someone provides for preschoolers with disabilities, but why should it be the taxpayers of Allegany County? Many of these state issues get dumped on the counties, and it's not going to stop by asking or negotiating through NYSAC. It will stop when we stop making the payments.
Legislator Ungermann remarked that there was no Memorandum of Explanation with the resolution, and questioned the cost. County Administrator John Margeson replied that 59 percent of the cost is reimbursed by the state, and 41 percent is the County’s responsibility, which varies from year to year between $750,000 to $1.2 million.
RESOLUTION NO. 244-09
AUTHORIZING PUBLIC HEALTH DIRECTOR TO CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH FOR THE RENEWAL OF ADOLESCENT TOBACCO ENFORCEMENT AND PREVENTION (ATUPA) SERVICES; AUTHORIZING ACCEPTANCE AND APPROPRIATION OF FUNDS TO HEALTH DEPARTMENT ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. This Board authorizes the Public Health Director to contract with the New York State Department of Health for the renewal of Adolescent Tobacco Enforcement and Prevention (ATUPA) services for the period October 1, 2009, to September 30, 2010.
2. That the sum of $29,891 in funds from the New York State Department of Health for use in providing Adolescent Tobacco Enforcement and Prevention services, is accepted.
3. That the accepted sum of $29,891 is appropriated as follows: $16,600 to Account No. A4051.4 (Tobacco Awareness – Contractual), $13,291 to Account No. A4010.1 (Health Department – Personnel) with a like sum credited to Revenue Account No. A10.3450.04 (State Aid – Tobacco Awareness).
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Reynolds 14 Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 244-09 included:
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 35 of 36
Legislator O’Grady questioned if the $13,291 goes toward personnel and whether there was an employee dedicated just to this program. Mr. Margeson responded that there isn't an employee all of whose time is dedicated to this, but there are employees in the Health Department who, over the course of the year, will work in the program, and that’s what the $13,291 is for – to reimburse the cost of their time in this program.
Legislator Reynolds asked if the County still pays young people to try to buy cigarettes and that kind of thing for enforcement. Health Director Lori Ballengee replied that they do get a small stipend for that.
RESOLUTION NO. 245-09
APPROVAL OF AGREEMENT WITH COVENTRY-INGENIX FOR MANDATORY INSURER REPORTING SERVICES
Offered by: Personnel and Ways and Means Committees
WHEREAS, Coventry-Ingenix will assist the County in complying with the Mandatory Insurer Reporting (MIR) section of the Medicare, Medicaid and SCHIP Extension Act, and
WHEREAS, all self-insured employers, workers’ compensation and liability insurers are required to comply with the MIR requirements beginning October 1, 2009, and
WHEREAS, new Federal regulations require electronic reporting with many technical requirements that make it impractical for the County to complete these tasks in-house, and
WHEREAS, there is an implementation fee of $1,000 and an annual fee of $3,000, plus approximately $61,000 for other miscellaneous fees, creating a total cost of approximately $65,000 for the first year of the Coventry-Ingenix’s contract, with these costs to be charged to the Mutual Self-Insurance Plan Account No. S1710.430 (Consulting Service), now, therefore, be it
RESOLVED:
1. That the Agreement between the County of Allegany and Coventry-Ingenix is approved.
2. That the Chairman of this Board is authorized to execute such Agreement.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 13 Ayes, 1 No, 1 Absent Voting No: Kruger
Comments made regarding Resolution No. 245-09 included:
Allegany County Board of Legislators, Regular Session, 12/14/09 Page 36 of 36
Legislator Ungermann noted that this is another issue that there’s no way around. We're looking at a cost of $65,000 because someone changed the rules for workers’ comp.
Legislator Kruger referred to a statement in the resolution that reads, "New federal regulations require electronic reporting with many technical requirements that make it impractical for the County to complete these tasks in-house." Mr. Kruger asked where we are lacking, technically. Chairman Crandall noted that this resolution came before the Board about six weeks ago and was sent back to committee for further review. The issue was explored by Self-Insurance Executive Secretary Doug Dillon, and a lot of discussion took place in committee. This resolution is where we are now.
After verifying that this was just a one-year contract, Legislator Ungermann suggested that we work to see if we can do this in-house.
Legislator Pullen commented that workers' comp cases involve a very specialized field of activity. What is happening with the new regulations is that the state and federal government are seeking to recover funding and also to limit payments out. They have passed down much of the responsibility for the cases to the County. Mr. Dillon has explained that it will require very specialized training and understanding of workers' comp rules to deal with these issues of allocation, responsibility, costing out, and lump-sum settlements. We’re not just talking about a programming issue, although that’s part of what this company does, but also evaluation and analyzing eligibility and entitlement, and applying the rules to costing that settlement proposal out. Mr. Pullen stated that he doesn’t believe there is anybody in the County, other than Mr. Dillon, who has that background, and Mr. Dillon has said that this transcends the background he has. We do have attorneys on retainer that will get involved if it comes to a point of an actual dispute, but this represents a new initiative that will hopefully result in savings long term, but short term it will increase the burden. It’s not primarily the computer programming hit that we will experience; it’s the evaluation and analysis, as well as inputting the data for years of benefits that have been paid to determine if there is a recovery that has to be paid to Medicare and other government programs. This is one of those areas that requires specialized background and training, and the proposed agreement is the most cost-effective way to proceed.
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Pullen and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Reynolds, seconded by Legislator Truax and adopted on a roll call vote of 12 Ayes, 2 Noes, 1 Absent, that the audit of claims, totaling $3,905,972.28, including prepaid expenses, be approved for payment as recommended by the County Administrator (opposed: Kruger, Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $7,689,949.)
ADJOURNMENT: The meeting was adjourned at 3:05 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried. ALLEGANY COUNTY BOARD OF LEGISLATORS REGULAR SESSION
DECEMBER 28, 2009
CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led jointly by Legislator William G. Dibble, former United States Navy Machinist Mate 3rd Class, and Legislator Brent L. Reynolds, former United States Marine Corporal.
INVOCATION: The Invocation was given by Legislator Pullen.
ROLL CALL: 15 Present; 0 Absent.
PRIVILEGE OF THE FLOOR:
Chairman Curtis W. Crandall presented certificates to Legislator Brent L. Reynolds, former United States Marine Corporal, and Legislator William G. Dibble, former United States Navy Machinist Mate 3rd Class, in grateful appreciation of their service to our Country. Legislators Dibble and Reynolds led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.
Chairman Crandall, accompanied by NYS Assemblyman Daniel J. Burling, presented Plaques of Appreciation to the six outgoing Legislators in recognition of their dedicated service (see below). Each Legislator was given an opportunity to speak. Assemblyman Burling congratulated the Legislators for their service and pledged his continuing support to the new Board.
Michael J. McCormick Democrat, District IV 01/01/06-12/31/09 Karl D. Kruger Republican, District II 01/01/06-12/31/09 William M. Hall Republican, District V 04/25/05-12/31/09 Brent L. Reynolds Republican, District V 01/01/98-12/31/09 William G. Dibble Republican, District III 01/01/94-12/31/09 Ronald B. Truax Republican, District II 01/01/94-12/31/09
Chairman Crandall granted Privilege of the Floor to County Administrator John Margeson, who introduced Deputy County Administrator Mitchell M. Alger, who began employment effective today.
ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 2 of 23
1. January 2010 Calendar of Board and Standing Committee meeting dates.
The following communications were also acknowledged:
1. Correspondence from Town of Grove Supervisor Mike Johnsen commending and recognizing the work of Development Director John Foels, Richard Zink of Southern Tier West, Congressman Eric Massa, and the Board of Legislators, whose contributions have been instrumental in the progress the Town of Grove has achieved this year.
2. Correspondence to U.S. Senators Charles Schumer and Kirsten Gillibrand from Chairman Crandall regarding the Patient Protection and Affordable Care Act.
3. The Organization Meeting of the Board of Legislators will be held on Monday, January 4, 2010, at 2 p.m. in the Legislative Chambers.
RESOLUTIONS:
RESOLUTION NO. 246-09
RESOLUTION FIXING DATE OF 2010 ORGANIZATION MEETING
Offered by: Ways and Means Committee
RESOLVED:
1. That the Board of Legislators shall meet on Monday, January 4, 2010, 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. Reynolds Adopted: Voice Vote Seconded by: Mr. Truax
RESOLUTION NO. 247-09
SUSPENDING CERTAIN COUNTY BOARD RULES AFFECTING PROPOSED RESOLUTIONS REQUESTED TO BE SUBMITTED AT ORGANIZATION MEETING ON JANUARY 4, 2010
Offered by: Ways and Means Committee
RESOLVED:
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 3 of 23
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 4, 2010.
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Truax
RESOLUTION NO. 248-09
CHANGING REGULAR BOARD MEETING DATE FROM FEBRUARY 8, 2010 TO FEBRUARY 5, 2010
Offered by: Ways and Means Committee
RESOLVED:
1. Notwithstanding Rule 110.A. of County Board Rules, the first regular meeting of the Board in the month of February of 2010 shall be held on February 5, 2010, and not on February 8, 2010.
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Truax
(Memo: Resolution No. 248-09 was requested to allow Legislators to attend the annual NYSAC Conference being held from February 8 through 10, 2010.)
RESOLUTION NO. 249-09
DESIGNATING THE WELLSVILLE DAILY REPORTER AS SOLE OFFICIAL NEWSPAPER FOR THE PERIOD DECEMBER 27, 2009 TO JANUARY 2, 2010
Offered by: Ways and Means Committee
WHEREAS, the Clerk of this Board was informed that the Cuba Patriot & Free Press, one of the official newspapers, will not be publishing during the period of December 27, 2009 to January 2, 2010, now, therefore, be it
RESOLVED:
1. Notwithstanding the provisions of Section 1 of Resolution No. 268-2007, the newspaper The Wellsville Daily Reporter is designated as the sole official newspaper to publish local laws, notices and other matters required by law to be published during the period of December 27, 2009, to January 2, 2010.
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Truax Allegany County Board of Legislators, Regular Session, 12/28/09 Page 4 of 23
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 5 of 23
RESOLUTION NO. 250-09
RESOLUTION DESIGNATING OFFICIAL NEWSPAPERS FOR THE PUBLICATION OF LOCAL LAWS, NOTICES AND OTHER MATTERS REQUIRED BY LAW TO BE PUBLISHED IN 2010
Offered by: Ways and Means Committee
WHEREAS, in accordance with subdivision 1 of Section 214 of the County Law the majority of the members of this Board of Legislators representing the Republican Party which is one 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 2010, the concurrent resolutions of the State Legislature, election notices issued by the Secretary of State, and the official canvass:
Concurrent resolutions of the Legislature:
The Alfred Sun, Alfred, New York (Republican) Cuba Patriot & Free Press, Cuba, New York (Democrat)
Election Notices and Official Canvass:
Wellsville Daily Reporter, Wellsville, New York (Republican) Cuba Patriot & Free Press, Cuba, New York (Democrat)
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 2010:
Wellsville Daily Reporter, Wellsville, New York (Republican) Cuba Patriot & Free Press, Cuba, New York (Democrat)
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Truax
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 6 of 23
RESOLUTION NO. 251-09
APPOINTMENT OF COMMISSIONER OF ELECTIONS
Offered by: Personnel Committee
Pursuant to Election Law §§ 3-202, 3-204
WHEREAS, the Chairman of the Allegany County Democratic Committee has filed with the Clerk of this Board, a certificate in accordance with Election Law § 3-204 that recommends the appointment of Catherine (Cass) Lorow to the office of Commissioner of Elections to fill the remainder of John (Jack) Colligan’s four-year term expiring December 31, 2010, and
WHEREAS, the Personnel Committee has determined that Catherine (Cass) Lorow is qualified to hold such office, now, therefore, be it
RESOLVED:
1. That Catherine (Cass) Lorow is appointed Commissioner of Elections with term of office commencing January 1, 2010, and expiring December 31, 2010.
Moved by: Mr. Hall Adopted: Voice Vote Seconded by: Mr. McCormick
RESOLUTION NO. 252-09
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, 2010, and expire December 31, 2010:
Richard Hoffman, Jr. Alfred Judson Stearns, Jr. Alfred Station Robert Prior Allentown Bryan Snyder Almond Ed Sackett Andover Richard Sortore Angelica David Jennings Belfast Allegany County Board of Legislators, Regular Session, 12/28/09 Page 7 of 23
Brandon LaValley Belmont Terry Richardson Bolivar Donald Van Skiver Canaseraga Robert Lester Cuba Gerald Gayford Fillmore Wes Sortore Friendship David Vogel, Sr. New Hudson Sherman Gage Richburg Dan Metcalf Rushford Jeff Luckey Short Tract David Sweet Wellsville Larry Erdmann Whitesville LeRoy Ives Willing Alan Mills Wiscoy-Rossburg
Moved by: Mr. Dibble Adopted: Voice Vote Seconded by: Mr. Burdick
RESOLUTION NO. 253-09
REAPPOINTMENT OF FIVE INCUMBENT MEMBERS TO COUNTY TRAFFIC SAFETY BOARD
Offered by: Public Safety Committee
Pursuant to Local Law No. 2 of 1972
RESOLVED:
1. That Kevin (Fred) Demick, Guy James, Susan Belmont, Ann Feuchter and Steve Mattison are reappointed to the County Traffic Safety Board, with term of office for each to commence January 1, 2010, and expire December 31, 2012.
Moved by: Mr. Dibble Adopted: Voice Vote Seconded by: Mr. Fanton
RESOLUTION NO. 254-09
REAPPOINTMENT OF ONE LEGISLATIVE MEMBER AND APPOINTMENT OF ONE LEGISLATIVE MEMBER AND ONE COUNTY FARM BUREAU APPOINTEE TO THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD
Offered by: Public Works Committee
Pursuant to Soil and Water Conservation District Law §§ 6 and 7
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 8 of 23
RESOLVED:
1. That Theodore L. Hopkins is reappointed and Douglas D. Burdick is appointed to the Allegany County Soil and Water Conservation District Board, as Legislative Members, with term of office for each to commence January 1, 2010, and expire December 31, 2010.
2. That Phil May is appointed to the Allegany County Soil and Water Conservation District Board, as a County Farm Bureau Appointee, with term of office to commence January 1, 2010, and expire December 31, 2012.
Moved by: Mr. Fanton Adopted: Voice Vote Seconded by: Mr. Truax
RESOLUTION NO. 255-09
REAPPOINTMENT OF FOUR MEMBERS AND APPOINTMENT OF ONE MEMBER TO ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY
Offered by: Ways and Means Committee
Pursuant to Title 1 of Article 18-A and Section 906-a of the General Municipal Law
RESOLVED:
1. That John Corneby, David Crowley, Charles Jessup and Theodore Hopkins are reappointed members of the Allegany County Industrial Development Agency for a four-year term commencing January 1, 2010, and expiring December 31, 2013.
2. That Richard Ewell is appointed as a new member of the Allegany County Industrial Development Agency for a four-year term commencing January 1, 2010, and expiring December 31, 2013.
2. That the Clerk of this Board is directed to send a certified copy of this resolution to the Secretary of State for filing pursuant to Section 856(2) of the General Municipal Law.
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Pullen
RESOLUTION NO. 256-09
REAPPOINTMENT OF FOUR MEMBERS AND APPOINTMENT OF ONE NEW MEMBER TO ALLEGANY COUNTY INDUSTRIAL AND COMMERCIAL INCENTIVE BOARD
Offered by: Ways and Means Committee
Pursuant to Local Law No. 2 of 1976 Allegany County Board of Legislators, Regular Session, 12/28/09 Page 9 of 23
RESOLVED:
1. That John Corneby, David Crowley, Charles Jessup and Theodore Hopkins are reappointed members of the Allegany County Industrial and Commercial Incentive Board for a four-year term commencing January 1, 2010, and expiring December 31, 2013.
2. That Richard Ewell is appointed as a new member of the Allegany County Industrial and Commercial Incentive Board for a four-year term commencing January 1, 2010, and expiring December 31, 2013.
Moved by: Mr. Reynolds Adopted: Voice Vote Seconded by: Mr. Pullen
RESOLUTION NO. 257-09
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 of this option will save numerous resolutions per year, and
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 subject to the limitations in paragraphs 2. and 3. of this resolution for calendar year 2010.
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 10 of 23
2. That for calendar year 2010, 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 $2,500 or less, in accordance with Section 556 of the Real Property Tax Law.
3. That for calendar year 2010, the County Administrator as County Auditor is authorized to correct tax bills and tax rolls, where the recommended correction is $2,500 or less, in accordance with Section 554 of the Real Property Tax Law.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Truax 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 258-09
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 2010 tax rolls, as follows:
Alfred 1,509.60 Friendship 1,573.20 Allen 690.00 Genesee 1,456.80 Alma 1,236.00 Granger 700.80 Almond 1,401.60 Grove 811.20 Amity 1,718.40 Hume 1,428.00 Andover 1,616.40 Independence 1,008.00 Angelica 1,375.20 New Hudson 912.00 Belfast 1,424.40 Rushford 2,016.00 Birdsall 710.40 Scio 1,488.00 Bolivar 1,903.20 Ward 531.60 Burns 934.80 Wellsville 4,449.60 Caneadea 1,717.20 West Almond 643.20 Centerville 756.00 Willing 1,299.60 Clarksville 1,348.80 Wirt 1,207.20 Cuba 2,707.20 Allegany County Board of Legislators, Regular Session, 12/28/09 Page 11 of 23
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 259-09
A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2009-2010 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 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 Allegany County Board of Legislators, Regular Session, 12/28/09 Page 12 of 23 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 2009-2010 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:
a. Howland, Michael K. & Ann: Parcel 216.18-1-4 Assessment: Land $140,000 Total $140,000 the assessment on this parcel was incorrect on the assessment roll due to the appraisal information by the assessor, and by reducing the Total Taxable Value to $60,000, and by correcting the County and Town taxes, as follows:
School $0.00 Library 7.10 Total $7.10 and the County Treasurer is directed to make the following refund:
School $2,181.69 Library 9.46 Total $2,191.15
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, 2010. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2010.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
Resolution Intro. No. 272-09 (Establishment of Petty Cash Fund in County Attorney’s Office) was amended following a motion made by Legislator Kruger, seconded by Legislator Pullen and carried to change the wording in Resolved No. 1. from “a revolving” petty cash fund to “an annual” petty cash fund.
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 13 of 23
RESOLUTION NO. 260-09
ESTABLISHMENT OF PETTY CASH FUND IN COUNTY ATTORNEY’S OFFICE
Offered by: Ways and Means Committee
Pursuant to County Law § 371
RESOLVED:
1. There is established an annual petty cash fund for the Allegany County Attorney’s Office at his office in Belmont, New York, in the amount of $250.
2. That the County Attorney is designated as the official responsible for the use of such fund.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Hopkins 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 261-09
ACCEPTING AND APPROPRIATING FUNDS RECEIVED FROM THE GOVERNOR’S TRAFFIC SAFETY PROGRAM STEPS IN SAFETY GRANT (SAFETY ON WHEELS)
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That the Governor’s Traffic Safety Program STEPS in Safety Grant funds in the amount of $3,000 is appropriated to Account No. A3114.4 (Traffic Program – Contractual) with a like sum credited to Revenue Account No. A10.3389.3114 (State Aid – STOP DWI – STEPS in Safety).
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Reynolds 15 Ayes, 0 Noes, 0 Absent
(Memo: The grant accepted by Resolution No. 261-09 is for state fiscal year 10/01/09- 09/30/10.)
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 14 of 23
RESOLUTION NO. 262-09
APPROVING CONTRACT WITH ALLEGANY-CATTARAUGUS LEGAL SERVICES, INC. FOR FAMILY COURT AND CRIMINAL COURT LEGAL REPRESENTATION OF INDIGENT PERSONS WHERE CONFLICT EXISTS WITHIN PUBLIC DEFENDER’S OFFICE; AUTHORIZING CHAIRMAN TO EXECUTE SUCH CONTRACT
Offered by: Public Safety 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 and Criminal Courts to those who are financially unable to obtain counsel pursuant to New York State County Law Section 722, and
WHEREAS, Allegany-Cattaraugus Legal Services, Inc. having an office at 5829 Cemetery Hill Road, P.O. Box 96, Belmont, New York 14813, can provide the aforementioned legal services for an amount not to exceed $208,000, plus actual expenses for expert witnesses and other ordinary litigation expenses in an amount not to exceed $5,000, now, therefore, be it
RESOLVED:
1. That the Contract with Allegany-Cattaraugus Legal Services, Inc., to provide such indigent representation for a term commencing January 1, 2010, and terminating December 31, 2010, is approved. The Chairman of this Board of Legislators is authorized to execute a contract on behalf of Allegany County.
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. Dibble Adopted: Roll Call Seconded by: Mr. Fanton 13 Ayes, 2 Noes, 0 Absent Voting No: Kruger, Ungermann
(Memo: The contract approved by Resolution No. 262-09 was recommended by the Public Safety Committee following the issuance of a Request for Proposals. Three proposals were received. One was unsuccessful as it did not provide for service to individuals appearing in Family Court; the other proposed an annual fee which was higher than that put forth by Allegany-Cattaraugus Legal Services.)
Comments made regarding Resolution No. 262-09: Legislator Kruger felt there were conflicts of interest existing within the corporation for which the contract was requested.
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 15 of 23
RESOLUTION NO. 263-09
AUTHORIZING SALE OF ABANDONED COUNTY RIGHT OF WAY TO ABUTTING LANDOWNERS
Offered by: Public Works Committee
WHEREAS, the County superintendent of highways has recommended the abandonment of a portion of lands heretofore used as County highways which are of no further use for highway purposes, and
WHEREAS, this property comprises that portion of the former N.Y. Route 19 located in the Town of Amity lying southerly of the southeasterly bounds of County Road 20 to the northeasterly bounds of the Old N.Y. Route 19, and
WHEREAS, pursuant to New York Highway Law §118-a, upon the recommendation of the County superintendent of highways, this Board may adopt a resolution abandoning to the abutting owner or owners that portion of said highway which is of no further use for highway purposes upon such terms and conditions as the Board shall deem proper, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators does hereby abandon and agrees to transfer by quit claim deed to the abutting owners, upon the payment of the sum of three hundred dollars ($300) per acre or part thereof plus legal fees, that portion of the former N.Y. Route 19 lying southerly of the southeasterly bounds of County Road 20 to the northeasterly bounds of the Old N.Y. Route 19.
2. That the County Attorney is directed to prepare the necessary papers to quit claim the County’s interest in this property to the abutting landowners.
3. That upon receipt of payment, the Chairman of this Board is authorized to sign and deliver any papers necessary to transfer title to an abutting landowner.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 264-09
TRANSFER OF FUNDS WITHIN LAW ENFORCEMENT PROBATION ACCOUNT
Offered by: Public Safety Committee
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 16 of 23
RESOLVED:
1. That the sum of $2,200 is transferred from Account No. A3140.4 to Account No. A3140.2.
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Reynolds 15 Ayes, 0 Noes, 0 Absent
(Memo: The transfer in Resolution No. 264-09 was requested for the purchase of new chairs, a storage cabinet, and a table.)
RESOLUTION NO. 265-09
TRANSFER OF FUNDS WITHIN YOUTH PROGRAMS ACCOUNTS
Offered by: Public and Safety and Ways and Means Committees
RESOLVED:
1. That the sum of $3,000 is transferred from Account No. A7315.4 (S. Tier Traveling Teacher Special GED) as follows: $1,000 to Account No. A7321.4 (Youth Court) and $2,000 to Account No. A7313.4 (Youth Compeer).
2. That the sum of $1,700 is transferred from Account No. A7312.4 (Allegany Arts) to Account No. A7318.4 (Peers Helping Peers).
Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Truax 15 Ayes, 0 Noes, 0 Absent
(Memo: Regarding Resolution No. 265-09, the transfers in Resolved No. 1. were due to the Southern Tier Traveling Teacher declining funding for the Special GED Program. The transfer in Resolved No. 2. was requested when the Allegany Arts declined their funding due to the receipt of adequate private donations. NYS OCFS approved of the reallocations.)
RESOLUTION NO. 266-09
APPROVAL OF APPROPRIATION FOR DISTRICT OPERATIONS AND AGREEMENT WITH ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT FOR THE MANAGEMENT OF COUNTY REFORESTATION AREAS, PARKS AND AGRICULTURAL DISTRICTS FOR A THREE-YEAR PERIOD; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT
Offered by: Public Works Committee
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 17 of 23
RESOLVED:
1. That the appropriation for District operations and agreement with the Allegany County Soil and Water Conservation District for the management of County Reforestation Areas, Parks and Agricultural Districts for the period January 1, 2010, to December 31, 2012, in the total amount of $130,000 per year, is approved.
2. The Chairman of this Board is authorized to execute the Agreement.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Hopkins 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 267-09
APPROVAL OF AGREEMENTS WITH THE VILLAGES OF BOLIVAR, CUBA, AND WELLSVILLE AND TOWNS OF FRIENDSHIP AND CANEADEA IN RELATION TO THE DISPOSAL OF COUNTY LANDFILL LEACHATE AT THE VILLAGE AND TOWN WASTE WATER TREATMENT PLANTS; AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENTS
Offered by: Public Works Committee
RESOLVED:
1. That Agreements between the County of Allegany and the Villages of Bolivar, Cuba, and Wellsville, and Towns of Friendship and Caneadea in relation to the County's disposal of leachate at the respective Village and Town waste water treatment plants at the rate of $.025 per gallon for period January 1, 2010, to December 31, 2010, are approved.
2. That the Chairman of this Board is authorized to execute the Agreements.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 268-09
RESOLUTION APPROVING PROPOSED BRIDGE MAINTENANCE AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE COUNTY OF ALLEGANY TO MAINTAIN A CERTAIN COUNTY ROAD, WHICH IS A PORTION OF THE STATE ROUTE 305 OVER GRIFFIN CREEK BRIDGE REPLACEMENT (BIN: 1045470) IN THE TOWN OF CUBA, COUNTY OF ALLEGANY, PROJECT DESIGNATED AS NEW YORK PROJECT PIN 6031.45
Offered by: Public Works Committee Allegany County Board of Legislators, Regular Session, 12/28/09 Page 18 of 23
WHEREAS, the New York State Department of Transportation has submitted to the County of Allegany a proposed bridge maintenance agreement by which the County of Allegany is to maintain 0.039 centerline kilometers of a County Road (shown as part numbered 2B on the Table of Maintenance) known as County Road 6 and to be designated as a portion of New York Project No. 6031.45 and said proposed agreement also provides for the County of Allegany to request the Department of Transportation to submit the aforementioned project with the recommendation that it be approved by the Administrator of the United States Federal Highway Administration, and that if such project is approved and constructed by the Department and the Administrator of the United States Federal Highway Administration, the County of Allegany will thereafter at its own cost and expense maintain the previously described portion of this project in a manner satisfactory to the Department of Transportation and the Administrator of the United States Federal Highway Administration, or their authorized representatives, and make ample provision each year for such maintenance, and
WHEREAS, the County of Allegany shall maintain such road and guarantee the maintenance of such road when constructed and will pay the cost of such maintenance and will maintain the project in a manner satisfactory to the New York State Department of Transportation or its authorized representatives, and will make ample provisions each year for such maintenance, and
WHEREAS, the New York State Department of Transportation shall submit such project to the Administrator of the United States Federal Highway Administration and recommend to him the approval of the same for construction with funds apportioned to the State for construction of Highways and related projects under the provisions of Federal Highway acts, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators authorizes the Chairman of such Board to act for the County of Allegany and to enter into an agreement with the State Department of Transportation, in manner and form and substance as herein stated.
2. That the Clerk of this Board will provide two certified copies of this resolution authorizing the Chairman of this Board to execute the agreements on behalf of the County of Allegany in any manner and form required by the Department of Transportation, or the Administrator of the United States Federal Highway Administration and attach the seal of the County of Allegany thereto.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Truax 15 Ayes, 0 Noes, 0 Absent
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 19 of 23
RESOLUTION NO. 269-09
APPROVING SUPPLEMENTAL AGREEMENT #2 WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) FOR CR 20 OVER NORTH BRANCH VAN CAMPEN CREEK IN THE TOWN OF FRIENDSHIP (PIN 6753.98); APPROPRIATING FUNDS THEREFOR
Offered by: Public Works and Ways and Means Committees
WHEREAS, by Resolution No. 73-2006 this Board approved funding for the replacement of BIN 3047780, County Route 20 over North Branch Van Campen Creek, Town of Friendship, Allegany County, PIN 6753.98 (the Project), and
WHEREAS, an amendment is necessary to the agreement increasing the amount of the Right-of-Way phase to include the acquisition portion of the Project and to extend the Project end date to allow time to complete the acquisition and construction portions of the Project, and
WHEREAS, funding for this Project was budgeted in the 2007, 2008 and 2010 budgets in Account No. H5640.200, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of Legislators hereby approves Supplemental Agreement #2 for the above Project.
2. That the Chairman of the Allegany County Board of Legislators is authorized to execute this Supplemental Agreement #2.
3. 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.
4. This resolution shall take effect immediately.
Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Truax 15 Ayes, 0 Noes, 0 Absent
RESOLUTION NO. 270-09
MEMORIALIZING STATE LEGISLATURE TO CAUSE A CORRIDOR STUDY TO BE DONE OF THE EXTENSION OF STATE ROUTE 400 TO STATE ROUTE 417 IN THE VILLAGE OF WELLSVILLE
Offered by: Ways and Means Committee
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 20 of 23
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, the present New York State government is desirous of promoting economic growth in Western New York, and
WHEREAS, Allegany County is a very poor County and needs the help of the State in providing transportation routes that enhance access to its major manufacturing facilities, and
WHEREAS, the Village of Wellsville is the largest village in Allegany County and the location of the County’s largest manufacturing sector which in turn provides a significant number of jobs within this region, and
WHEREAS, modern highways are critical to the well-being of local economies, and
WHEREAS, border crossings at Buffalo and Niagara Falls in Western New York provide a critical gateway for traffic and commerce between the United States and Canada, which in turn benefits the economy of Allegany County, and
WHEREAS, recent news reports indicate that the Peace Bridge project, involving a new “signature bridge” alongside the existing bridge, is moving forward with the likelihood of increased border traffic in the not too distant future, and
WHEREAS, a significant component of Canada’s economy is located within the greater Toronto metropolitan region across the border from the Buffalo/Niagara region of Western New York, and
WHEREAS, the major metropolitan regions along the United States East Coast are currently linked to the greater Toronto metropolitan region in Canada via overused highways that do not provide the best and shortest route between such regions, and
WHEREAS, the economies of Western New York and the Northwest Commonwealth of Pennsylvania continue to struggle economically and lack the economic vitality of the major metropolitan regions along the United States East Coast and the greater Toronto metropolitan region, and
WHEREAS, the placement of an extended State Route 400, (as indicated on the attached map), from South Wales in Erie County southeasterly to a point of intersection with State Route 417 in the Village of Wellsville could be the first step in the creation of a more direct interstate super highway, and
WHEREAS, this route would link the powerful economic regions on the United States East Coast with Canada and foster continued economic growth within those regions while providing greater opportunity for Western New York and the North-Central region of Pennsylvania to more directly participate and benefit from such economic growth, and
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 21 of 23
WHEREAS, the extension of State Route 400 as a four-lane highway southerly from South Wales, New York, through Allegany County to intersect with State Route 417 in the Village of Wellsville would encourage development along the proposed route while facilitating easier access to and from the more urban areas north of South Wales in Erie County, and
WHEREAS, a review of the State Highway System shows that there is no direct access along a single state highway to the greater Buffalo metropolitan region and Niagara frontier from the Village of Wellsville, and
WHEREAS, the placement of an extended State Route 400 from South Wales in Erie County southeasterly to a point of intersection with State Route 417 in the Village of Wellsville could provide four-lane highway access to the main manufacturing base in Allegany County which is located in the Village of Wellsville, and
WHEREAS, an extension of State Route 400 would intersect I-86 at Exit 30 near Belvidere in Allegany County and provide a more direct truck route from Canada, Buffalo and the Niagara frontier to major East Coast seaports in New York City, New Jersey and Philadelphia, and
WHEREAS, the extension of State Route 400 would provide easier access for tourists to visit Allegany County and the north-central “Pennsylvania Wilds” region from Canada, Buffalo and the Niagara frontier, and
WHEREAS, the proposed corridor for such an extension would run southerly into Wyoming County to the east of Arcade near Bliss; thence through the Town of Eagle in Wyoming County to the Town of Centerville in Allegany County where it would then traverse in a southeasterly direction into the Genesee River Valley; thence south to the Village of Wellsville ending at State Route 417, 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 a corridor study be done for the extension of State Route 400 from its existing terminus in South Wales, Erie County, to a point where it would intersect State Route 417 in the Village of Wellsville, Allegany County.
2. That certified copies of this Resolution be forwarded to New York State Governor David Paterson; U.S. Senator Charles E. Schumer; U.S. Senator Kirsten Gillibrand; U.S. Representative Eric Massa; U.S. Representative Brian Higgins; U.S. Representative Chris Lee; New York State Senators Catharine M. Young, Michael H. Ranzenhofer, Antoine M. Thompson, William T. Stachowski and Dale M. Volker; Senate Majority Leader Pedro Espada Jr.; Assembly Speaker Sheldon Silver; Assemblyman Daniel Burling; Assemblyman Joseph M. Giglio; Acting Commissioner of Transportation Stanley Gee; NYSAC; and the InterCounty Association of Western New York.
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 22 of 23
Moved by: Mr. Dibble Adopted: Voice Vote Seconded by: Mr. Reynolds
RESOLUTION NO. 271-09
TRANSFERS BETWEEN APPROPRIATION ACCOUNTS
Offered by: Ways and Means Committee
WHEREAS, the Committees of this Board have authorized expenditures and such expenditures may be in excess of appropriations, and
WHEREAS, unexpended, unencumbered balances may exist in accounts, now, therefore, be it
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 2009 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 2009 proceedings of this Board following this resolution.
Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent
Resolution Intro. No. 284-09 (Abolishing Three Positions in the Department of Health) was amended following a motion made by Legislator Truax, seconded by Legislator Dibble and carried to change the effective date in Resolved No. 2. from December 31, 2009, to February 14, 2010.
RESOLUTION NO. 272-09
ABOLISHING THREE POSITIONS IN THE DEPARTMENT OF HEALTH
Offered by: Human Services Committee
WHEREAS, the Health Department contracted with Altreya Consulting, LLC to undertake an efficiency study of the Health Department, and
WHEREAS, as part of its recommendations, Altreya recommended the elimination of various positions within the Health Department, and
Allegany County Board of Legislators, Regular Session, 12/28/09 Page 23 of 23
WHEREAS, it is believed that the elimination of various positions as recommended by Altreya will result in increased efficiency in the operation of the Health Department, now therefore, it is
RESOLVED:
1. That one position of Account Clerk Typist for the Environmental Health Division is abolished effective December 31, 2009.
2. That one position of Senior Typist for the Early Intervention Program is abolished effective February 14, 2010.
3. That one part-time position of Account Clerk Typist in the Health Department is abolished effective December 31, 2009.
Moved by: Mr. Truax Adopted: Roll Call Seconded by: Mr. Dibble 14 Ayes, 1 No, 0 Absent Voting No: McCormick
AUDITS:
A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals.
A motion was made by Legislator Truax, seconded by Legislator Reynolds and adopted on a roll call vote of 14 Ayes, 1 No, 0 Absent, that the audit of claims, totaling $3,977,481.33 including prepaid expenses, be approved for payment as recommended by the County Administrator (opposed: Kruger). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $8,136,376. This is also the total for 2009.)
ADJOURNMENT: The meeting was adjourned at 3:10 p.m. on a motion made by Legislator Truax, seconded by Legislator Kruger and carried.