ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

DECEMBER 22, 2008

** APPROVED **

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The regular meeting of the Board of Legislators was called to order at 2:10 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen.

ROLL CALL: 14 Present; 1 Absent (Legislator Truax).

APPROVAL OF MINUTES:

The Committee of the Whole meeting minutes of December 3, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried.

The Board meeting minutes of December 8, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried.

PRIVILEGE OF THE FLOOR:

1. Chairman Crandall granted privilege of the floor to Legislator David Pullen, Chairman of the Court Facilities and Space Needs Committee. His comments are included below:

“Later today this Board will vote upon a resolution that was referred to it by the Court Facilities and Space Needs Committee. This resolution is extremely important, and I wanted to have an opportunity to give some background and explain its significance.

In August, after this Board adopted the Allegany County Court Facilities Plan, I started researching ways to reduce the cost of actually building the mandated facilities. Regardless of what plans are ultimately approved, we will want to build them as inexpensively as possible. (I believe everyone can agree on that objective.) My research led me to the City of Niagara Falls that is currently constructing a new municipal building and Courthouse. Their experience was intriguing because they were able to significantly reduce the cost of their Courthouse from the original estimates. The question was how they were able to achieve those savings.

It turns out that Niagara Falls sought and obtained special legislation from Albany that granted waivers from three usual requirements for capital projects. First, the special legislation authorized them to utilize a design-build approach. Second, it waived compliance with the Wicks Law. Finally, it waived the usual competitive bidding requirements. My question was whether Allegany County could benefit from a similar approach, and whether we could obtain the necessary special legislation.

My investigation led me to contact Terry Gilbride, an attorney in Buffalo, who is a partner in the Hodgson Russ Law Firm. He had been involved in the Niagara Falls project and had worked on the various contracts and on obtaining the special legislation. He graciously and generously spent numerous hours explaining what was done, and why it had been done the way it was. We discussed our unique circumstances and attempted to analyze the potential benefits of the available options. After numerous telephone conferences and several meetings, Terry Gilbride recommended a simpler and less expensive approach.

The ultimate recommendation, which is incorporated in the current resolution, was to attempt to negotiate a Project Labor Agreement. We believe this would give Allegany County most of the benefits achieved by the Niagara Falls project, but without the delay and expense of obtaining special legislation. There are several key reasons behind this conclusion. They include the following:

a. We are much further along in our design than Niagara Falls had been when it decided to seek special legislation. This means that the design-build approach is not really suitable.

b. The State Legislature amended the Wicks Law in May 2008, effective July 1, 2008, to provide for waivers if the municipality enters into a Project Labor Agreement. The special legislation had also required a Project Labor Agreement. Special legislation is no longer the only way to qualify for this waiver.

c. It is unclear how much savings can be achieved by waiving the competitive bidding requirement.

d. Niagara Falls justified its request for special legislation on economic development grounds. We concluded that justification was not available to Allegany County, which made it uncertain whether the State Legislature would approve the special legislation.

Why is a waiver of the Wicks Law so desirable? This statute requires all municipal capital projects to bid and award separate contracts for general construction, electrical, plumbing, and HVAC (heating/ventilation/air conditioning). This typically has the effect of increasing the total cost of a capital project. It also creates scheduling and coordination problems that frequently delay a project and can result in litigation. To avoid those problems a municipality frequently hires a construction manager. Many of these problems can be avoided if a municipality can award one contract to a single general contractor who then enters into sub-contracts for various aspects of the overall project. That single general contractor performs all of the work for one single price, and is responsible for all coordination and scheduling. This was done in Niagara Falls. It worked extremely well. Obtaining a waiver of the Wicks Law requirement could save the County a substantial sum of money. Unfortunately, there is no way of knowing exactly what our experience will be. However, the experience of Niagara Falls suggests that the savings could be significant.

Unfortunately, the State rarely gives something without taking something else away. Instead of simply repealing the Wicks Law, the State Legislature made the waiver available only if the municipality enters into a Project Labor Agreement, or PLA. This is an agreement with the construction trade unions in the region. Not all Project Labor Agreements are the same. They can vary significantly. They are complex documents that should be negotiated by skilled and experienced counsel. The resolution before you today authorizes the County to retain Terry Gilbride and his firm to perform that function for Allegany County.

As with most of life and politics, there are few guarantees. There is no guarantee that we will be able to negotiate a PLA that will be acceptable to this Board. There are no guarantees regarding who will bid on our project, or whether we will actually save money by qualifying for a waiver of the Wicks Law. In recent days I have spoken with several local non-union contractors who are strongly opposed to the County entering into a Project Labor Agreement. They have referred to reports of problems and increased expenses. However, my own research has not turned up any empirical data showing any significant advantages or disadvantages of entering into a PLA. A lot of anecdotal information is circulating, but little of it has been confirmed or validated.

On a personal level, I am generally opposed to anything that will limit open competition. I oppose the Wicks Law since it prevents us from utilizing the bidding approach that is likely to generate the best bids. I am generally opposed to Project Labor Agreements because they give an inherent advantage to unionized workers and contractors, and tend to exclude non-union contractors and workers. I don’t think I could support a PLA that does not provide a realistic opportunity for all contractors to bid on our project.

There are a few guarantees I can make. If we do not attempt to negotiate a Project Labor Agreement we will not know what was possible. We will definitely not qualify for a waiver from the Wicks Law. We will never know if there were savings available from such a waiver. All that we are deciding today is whether or not we will retain the Hodgson Russ Law Firm to negotiate a Project Labor Agreement for us. Once they negotiate the best PLA they can, this Board will have an opportunity to review that product and decide whether it is something it can support. I want to have that opportunity. I believe the potential savings compel us to explore this possibility.

There is one other aspect of this matter that I want to bring to your attention. One of the requirements of a Project Labor Agreement is that successful bidders participate in an apprenticeship program. This is frequently difficult for non-union contractors and is one of the reasons why they cannot qualify to bid under a PLA. Over this past weekend, I reviewed the recently released budget proposals of Governor Paterson. His budget proposals include several amendments to the Wicks Law. One amendment would eliminate the apprenticeship requirement from Project Labor Agreements for the next five years. That change would remove one of my primary objections to PLAs.

It is frequently said that every journey begins with a single step. Today we must consider whether we will start this journey to seek out options that could save a substantial sum on the construction of the court facilities. If we vote no, the journey is over before it is even started. If we vote yes, we will get to see what is down this road. I strongly urge that you support this resolution and that we take this journey together for the benefit of the entire County.”

2. Chairman Crandall forwarded a letter and plaque, via Health Director Lori Ballengee, to Catherine W. Richmond in recognition of her years of outstanding service and dedication to the Allegany County Board of Health.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

1. The County Treasurer filed Certificates of Withdrawal for Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law for properties in the Towns of Rushford and Granger in the Clerk of the Board’s Office on December 12 and 19, 2008.

2. Correspondence was received from the Northeast Allegany County Coalition recommending that legislators vote yes on the upcoming bond resolution.

3. Correspondence was received from the NYS DEC regarding our request that they implement a variance in existing regulations pertaining to drilling in the Upper Devonian oil producing formations above the Tully.

4. Correspondence was received from Senator Catharine Young regarding Governor Paterson’s proposed cuts to the Healthy Families New York Home Visiting Program and the Office of Children and Family Services.

5. Correspondence was received from Ronald Mead, Agricultural District Program Manager for the NYS Department of Agriculture and Markets regarding the review of Allegany County Agricultural District No. 1.

6. A copy of correspondence that G. William Gunner sent to the NYS DEC regarding gas well drilling in New York State was received in the Clerk of the Board’s Office.

7. A news release was received from Southern Tier West Regional Planning and Development Board highlighting their December 11 meeting.

8. Correspondence was received from the Allegany County Cancer Services thanking the Board for its recent donation.

RESOLUTIONS:

Resolution Intro. No. 237-08 (Authorizing Retention of the Law Firm of Hodgson Russ LLP to Provide Consultation and Assistance with Respect to Courthouse Expansion), originally tabled on December 8, was removed from the table on a motion made by Legislator Pullen, seconded by Legislator Hopkins and carried. (Opposed: Legislator Kruger.)

RESOLUTION NO. 230-08

AUTHORIZING RETENTION OF THE LAW FIRM OF HODGSON RUSS LLP

TO PROVIDE CONSULTATION AND ASSISTANCE WITH RESPECT TO

COURTHOUSE EXPANSION

Offered by: Court Facilities and Space Needs Committee and

Ways and Means Committee

WHEREAS, Allegany County is desirous of pursuing the state-mandated expansion of the existing Allegany County Courthouse in the manner which is most cost advantageous for the taxpayers of Allegany County, and

WHEREAS, the Allegany County Court Facilities and Space Needs Committee has identified several potential cost saving strategies for this purpose, and

WHEREAS, the Allegany County Court Facilities and Space Needs Committee has engaged in consultation with the law firm of Hodgson Russ LLP with regard to maximizing the cost savings strategies for the Courthouse Expansion, and

WHEREAS, Hodgson Russ LLP has recommended pursuing the Courthouse Expansion through the use of a Project Labor Agreement, now, therefore, be it

RESOLVED:

1. Allegany County retain the law firm of Hodgson Russ LLP, on terms and conditions acceptable to the Allegany County Attorney, for purpose of providing consultation and assistance with respect to the Courthouse Expansion.

Moved by: Mr. Pullen Adopted: Roll Call

Seconded by: Mr. Hopkins 10 Ayes, 4 Noes, 1 Absent

Voting No: Kruger, McCormick, Russo, Ungermann

Comments made regarding Resolution No. 230-08: Legislator Kruger opposed the resolution because it authorizes spending money on a law firm with no guarantee of any savings. He questioned how a general contractor taking bids from subs would be much different from each phase being competitively bid. Mr. Kruger suggested we save the lawyer fees and put that money toward the project.

Legislator O’Grady questioned if the Board would have the opportunity to vote on the Project Labor Agreement. County Attorney Thomas Miner replied that it would require a Board vote. Mr. O’Grady asked about the attorney fee. Legislator Reynolds responded that it is estimated at $20,000.

Legislator Ungermann also opposed the resolution because there are no guarantees of the savings. Mr. Ungermann noted that one of the County’s largest open shop contractors participated in a recent teleconference. He brought several studies showing that PLAs don’t save money, and Mr. Ungermann urged caution. The Niagara Falls and Brooklyn sites mentioned previously by Mr. Pullen are predominantly union locations. In Allegany County, a PLA would effectively lock out 30-40 percent of contractors from bidding.

Legislator Pullen explained that with a Wicks-compliant project, the municipality would sign four separate contracts and would be responsible to provide coordination and adjustment of scheduling concerns. Litigation is common, and that has been curtailed by the hiring of a construction manager who makes sure each contractor does their work where and how required. He also works with the architect and engineers for different facets of the contracts. This would be eliminated by using the other approach, where you would have one general contractor, who would then retain sub-contractors. In most cases, this eliminates the need for a construction manager. The County has done Requests for Proposals (RFP) for a construction manager, and quotes came in at $700,000 to over $1 million. Right there is a savings. In addition, on the projects that utilized a similar approach, and there have only been two, the architect and engineers were able to cut out a lot from the original estimates. This may be an ideal time to move forward with a capital project. Without investigating the Project Labor Agreement, we may never be able to estimate how much we would have saved, but Mr. Pullen believes the savings would be significant.

Legislator Reynolds supported the resolution, but not necessarily the PLA. It depends on how it is written. Mr. Reynolds asked if savings could be determined once the PLA is negotiated. Mr. Pullen replied that savings wouldn’t be known until we actually receive bids and can compare those with our estimates. Mr. Reynolds also noted that the resolution only authorizes hiring attorneys to look into a PLA. The Board will be voting on the PLA at a later date. Mr. Kruger responded that by that time, the money (attorney fees) is gone. One of his problems would be the absence of a construction manager, who should be able to find enough “fluff” in the estimates to pay his own wages. A general contractor whose sole purpose is his company’s profit may not be as enthusiastic about finding savings.

Legislator Dibble noted that more information is needed, and he didn’t like the idea of blocking out non-union bidders.

RESOLUTION INTRO. NO. 238-08 (RESOLUTION REQUESTING THAT THE PROPOSED ALLEGANY COUNTY COURT FACILITIES CAPITAL PLAN BE RE-OPENED TO CONSIDER A LESS COSTLY ALTERNATIVE PLAN) was considered following a motion made by Legislator Kruger and seconded by Legislator McCormick. THE RESOLUTION WAS TABLED following a motion made by Legislator Pullen, seconded by Legislator Reynolds and carried. (Opposed: Legislators Burdick, Kruger, McCormick, O’Grady, Russo, Ungermann.) Comments made prior to tabling the resolution included:

Chairman Crandall distributed a memo and copy of a letter dated December 18 from Ronald Younkins, Chief of Operations for the Office of Court Administration, written in response to Resolution Intro. No. 238-08. Mr. Younkins stated that OCA would not reverse their rejection of the proposal to provide additional court space by renovating the former County Jail and reconsider the Jail Proposal as the formal Allegany County Court Plan in light of the recent down-turn in the state, local, and national economy. “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.” Mr. Younkins referred to Chief Administrative Judge Ann Pfau’s November 18 letter in which she stated she is prepared to approve the plan submitted by the County subject to receipt of an updated project schedule and a bonding resolution. Judge Pfau further stated that “any further delay in completing this Plan and advancing it in accordance with its terms will result in the initiation of the process set forth in the Judiciary Law leading to the imposition of financial sanctions against the County.” Mr. Younkins went on to say that no circumstances have changed that warrant reconsideration of OCA’s 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.”

Chairman Crandall’s memo expressed concern that a resolution such as the one proposed that could have significant negative impact on the County by undermining work already done by the Court Facilities and Space Needs Committee and the relationship established by the committee with the Office of Court Administration should have gone through the committee. The action of sending a letter for the purpose intended in the proposed resolution would only require direction from the committee of jurisdiction if the committee felt it was needed, not a full board resolution. Also, wording included in the resolution stating “this Board will not support a bond resolution backing the current Court Facilities Capital Plan” is irresponsible given the past correspondence from Judge Pfau and statement that if we do not address the proper funding of our court plan the results would be the imposition of financial sanctions. Chairman Crandall indicated that “the resolution has been clearly answered and should be either withdrawn by those who filed it or tabled by a majority vote.”

Legislator Ungermann’s concern is plunging the County into a total of $50 million in debt, maybe more. The project plans are incomplete, with various items not looked into. However, this alternative plan could be put in place if the bond issue fails, and we may have no recourse. Economic times are questionable. There are no guarantees with anything – the Project Labor Agreement or this alternative plan. Mr. Ungermann would like to see a comparison of the two projects.

Legislator Kruger commented that every month the legislature wrestles over smaller amounts of money, but now seems to want to charge forward to spend $18.7 million. Mr. Kruger has been opposed to spending this money from the start, not because we don’t need the court space, but it’s a matter of how much we can afford. The Unified Court System’s rules say they cannot compel us to spend what we’re not able to afford. Cattaraugus County’s court functions are fragmented between two separate towns, but yet the state wouldn’t approve an Allegany County plan including court functions in different parts of the same building. The resolution only offers an alternative. Mr. Kruger stated that he represents the taxpayers, and he’s concerned that they can’t afford any more.

Legislator Pullen stated that the County’s Court Facilities Capital Plan was developed and recommended after extensive committee review and was adopted by this Board and sent to the Office of Court Administration. The actions proposed by Resolution Intro. No. 238-08 are inappropriate. Action was then taken to table the resolution (see above).

RESOLUTION NO. 231-08

A RESOLUTION AUTHORIZING LEGAL NOTICE OF REVIEW AND

DIRECTING SUBMISSION OF REPORTS FROM COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD IN RELATION TO

THE REVIEW OF AGRICULTURAL DISTRICT NUMBER FOUR

CREATED WITHIN THE TOWNS OF ALFRED, ANDOVER, INDEPENDENCE,

WARD AND WILLING ON MAY 28, 2002

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, the description of such district was thereafter filed in the Allegany County Clerk's Office, and

WHEREAS, section 303-a of the Agriculture and Markets Law requires that a county legislative body review an agricultural district eight, twelve or twenty years after the date of its creation, consistent with the review period set forth in the plan creating such district, and every eight, twelve or twenty year period thereafter to determine whether such district should be continued, terminated or modified, subject to the modification and termination powers of the State Commissioner of Agriculture and Markets, and

WHEREAS, Section 303-a of the Agriculture and Markets Law requires that a 30-day legal notice of the periodic review of an agricultural district is required to be published and posted within the district, and

WHEREAS, such section requires that the county legislative body shall direct the County Agricultural and Farmland Protection Board to prepare reports and make recommendations to the county legislative body with respect to the continuation, modification or termination of the district, now, therefore, be it

RESOLVED:

1. That the Clerk of the Board of Legislators is directed to provide proper notice of such district review, which shall include publication of such notice in a newspaper having general circulation within the district, as provided for in Section 303-a subdivision 2.a. of the Agriculture and Markets Law.

2. That the County Clerk and Clerk of the Board of Legislators shall turn over to the Executive Director of the Allegany County Soil and Water Conservation District any proposed modification of the district they receive during the thirty-day notice period.

3. That the Executive Director of the Allegany County Soil and Water Conservation District shall, after thirty days have elapsed from the date of such publication of such notice, deliver any proposed modification received pursuant to such notice to the County Agricultural and Farmland Protection Board for their review. In the event that no such proposed modification is received, the Executive Director shall notify the County Agricultural and Farmland Protection Board of such fact.

4. That the County Agricultural and Farmland Protection Board is directed to submit to this Board, within forty-five days of the receipt from the Executive Director of the Allegany County Soil and Water Conservation District of any such proposed modification or her written report stating no such proposed modification was received, a written report containing its recommendation to continue, terminate or modify such District, together with all other findings and information required by subdivision 2(b) of section 303-a of such Law.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Dibble 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 232-08

AMENDMENT OF COUNTY SALARY PLAN

TO REMOVE TITLE OF CRIME VICTIMS COORDINATOR FROM SECTION FOUR

AND PLACING SUCH TITLE IN THE PUBLIC EMPLOYEE FEDERATION SALARY PLAN

Offered by: Personnel Committee

RESOLVED:

1. That Section 4. of Resolution No. 297-75, as last amended by Resolution No. 117-2007, is amended by removing the title of Crime Victims Coordinator from County Salary Plan.

2. That the title of Crime Victims Coordinator is placed in the Public Employee Federation Salary Plan created by Resolution No. 193-2007.

3. This resolution shall be effective December 23, 2008.

Moved by: Mr. Hall Adopted: Roll Call

Seconded by: Mr. Pullen 10 Ayes, 4 Noes, 1 Absent

Voting No: Burdick, Kruger, O’Grady, Ungermann

Comments made regarding Resolution No. 232-08: Legislator O’Grady expressed concern about the position being grant funded, and if placed in the union, he questioned whether or not the position would be eliminated if the grant no longer covered the salary. County Administrator John Margeson replied that it would be. Mr. O’Grady noted that there is no real choice about the position being in the union.

A motion was made by Legislator Kruger and seconded by Legislator Ungermann to table the resolution.

Majority Leader Brent Reynolds requested a caucus. Chairman Crandall suspended the Board meeting at 2:50 p.m. to allow for a republican caucus. Following the caucus, Chairman Crandall reconvened the meeting at 3:00 p.m.

Legislator Kruger withdrew his motion to table the resolution.

Legislator Reynolds noted that the Crime Victims Coordinator position was negotiated to be placed in the union, but it was never officially taken out of the Section 4 salary plan. The resolution was necessary to correct that issue; nothing else has changed.

RESOLUTION NO. 233-08

RESOLUTION RESCINDING RESOLUTION NO. 208-2008

Offered by: Public Safety Committee

RESOLVED:

1. That Resolution No. 208-2008 moving the position of Undersheriff from Grade 10 to Grade 11 (Step 8) of the Non-Unit Salary Plan, adopted by this Board on November 24, 2008, is hereby rescinded.

Moved by: Mr. Dibble Adopted: Roll Call

Seconded by: Mr. Fanton 9 Ayes, 5 Noes, 1 Absent

Voting No: Benson, Hopkins, Kruger, O’Grady, Pullen

Comments made regarding Resolution No. 233-08: Legislator O’Grady noted that he had argued against the increase in wages associated with Resolution No. 208-08, but was unaware the resolution would also take away the opportunity for overtime. He felt that all administrative jobs should be salaried, and that’s where it should stay. This new resolution would put the position back to hourly with overtime.

Legislator Reynolds commented that the original intent was to compensate the Undersheriff with a higher wage, but it was later discovered that the change eliminated overtime and resulting in less money. Mr. Reynolds suggested that maybe the answer would be a change in grades. Legislator Kruger stated that the issue was whether or not the position should be salaried; what that salary should be should be discussed at another time.

Resolution Intro. No. 242-08 (Changing Position of Corrections Sergeant to Sheriff Deputy Sergeant in the Sheriff’s Department) was amended on a motion made by Legislator Dibble, seconded by Legislator O’Grady and carried, by changing the wording in Resolved No. 1 from “the position of Corrections Sergeant is changed to Sheriff Deputy Sergeant” to “the position of Corrections Sergeant as formerly created is abolished and the position of Sheriff Deputy Sergeant is created.” (Opposed: Legislator Kruger.)

RESOLUTION NO. 234-08

CHANGING POSITION OF CORRECTIONS SERGEANT TO

SHERIFF DEPUTY SERGEANT IN THE SHERIFF'S DEPARTMENT

Offered by: Public Safety Committee

WHEREAS, Resolution No. 129-2008 created one position of Corrections Sergeant in the Sheriff's Department, now, therefore, be it

RESOLVED:

1. That the position of Corrections Sergeant as formerly created is abolished and the position of Sheriff Deputy Sergeant is created.

2. This resolution shall take effect December 23, 2008.

Moved by: Mr. Dibble Adopted: Roll Call

Seconded by: Mr. Pullen 13 Ayes, 1 No, 1 Absent

Voting No: Kruger

RESOLUTION NO. 235-08

RESOLUTION FIXING DATE OF 2009 ORGANIZATION MEETING

Offered by: Ways and Means Committee

RESOLVED:

1. That the Board of Legislators shall meet on Monday, January 5, 2009, 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. Hall

RESOLUTION NO. 236-08

SUSPENDING CERTAIN COUNTY BOARD RULES AFFECTING

PROPOSED RESOLUTIONS REQUESTED TO BE SUBMITTED AT

ORGANIZATION MEETING ON JANUARY 5, 2009

Offered by: Ways and Means Committee

RESOLVED:

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 5, 2009.

Moved by: Mr. Reynolds Adopted: Voice Vote

Seconded by: Mr. Fanton

RESOLUTION NO. 237-08

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 2009.

2. That for calendar year 2009, 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 $1,000 or less, in accordance with Section 556 of the Real Property Tax Law.

3. That for calendar year 2009, the County Administrator as County Auditor is authorized to correct tax bills and tax rolls, where the recommended correction is $1,000 or less, in accordance with Section 554 of the Real Property Tax Law.

Moved by: Mr. Reynolds Adopted: Voice Vote

Seconded by: Mr. Fanton

RESOLUTION NO. 238-08

ACCEPTANCE AND APPROPRIATION OF THE GOVERNOR'S

TRAFFIC SAFETY PROGRAM (SAFETY ON WHEELS) GRANT FUNDING

TO TRAFFIC SAFETY PROGRAM ACCOUNTS FOR STATE FISCAL YEAR

OCTOBER 1, 2008 TO SEPTEMBER 30, 2009

Offered by: Public Safety and Ways and Means Committees

RESOLVED:

1. That the appropriation of Governor’s Traffic Safety Program (Safety on Wheels) grant funding in the amount of $3,000 for fiscal year October 1, 2008 to September 30, 2009 is accepted and appropriated to Account No. A3114.4 (Traffic Program – Contractual) with a like sum credited to Revenue Account No. A10.3389.3114 (STOP DWI – Steps in Safety).

Moved by: Mr. Dibble Adopted: Roll Call

Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 239-08

TRANSFER OF FUNDS WITHIN SELF-INSURANCE PLAN ACCOUNT

Offered by: Personnel and Ways and Means Committees

RESOLVED:

1. That the sum of $15,950 is transferred from Account No. S1720.406 as follows: $650 to Account No. S1710.419 and $15,300 to Account No. S1710.806.

Moved by: Mr. Hall Adopted: Roll Call

Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 240-08

TRANSFER OF FUNDS WITHIN PROBATION ACCOUNTS

Offered by: Public Safety Committee

RESOLVED:

1. That the sum of $7,695 is transferred from Account No. A3140.4 to Account No, A3140.2.

Moved by: Mr. Dibble Adopted: Roll Call

Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent

(Memo: The transfers approved in Resolution No. 240-08 were for the purchase of printers, laptops, a shredder, and bulletproof vests.)

RESOLUTION NO. 241-08

TRANSFER OF FUNDS WITHIN SHARED SERVICES BUILDINGS ACCOUNT

Offered by: Public Works Committee

RESOLVED:

1. That the sum of $10,000 is transferred from Account No. A1620.1 to Account No. A1620.4 to cover costs of parking lot repairs.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Dibble 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 242-08

TRANSFER OF FUNDS FROM

SHARED SERVICES BUILDINGS PERSONNEL SERVICES ACCOUNT TO

SOLID WASTE CONTRACTUAL EXPENSES ACCOUNT

Offered by: Public Works and Ways and Means Committees

RESOLVED:

1. That the sum of $10,000 is transferred from Account No. A1620.1 (Personnel Services) to Account No. A8160.4 (Solid Waste – Contractual) to cover repair costs for Off Road Truck used at County Landfill.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Reynolds 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 243-08

ACCEPTANCE OF THE INSURANCE PROPOSAL OF NYMIR

SUBMITTED BY RICHARDSON & STOUT INSURANCE COMPANY;

CONTINUED AUTHORITY OF BOARD CLERK AND PERSONNEL COMMITTEE

TO SECURE OTHER INSURANCE

Offered by: Personnel Committee

RESOLVED:

1. That the NYMIR insurance proposal and related services as submitted by Richardson & Stout Insurance Company of Wellsville, New York to the County of Allegany for the period February 1, 2009 to February 1, 2010 is approved.

2. That the premium not to exceed $266,306.59 plus any additional premium amounts resulting from the addition or inclusion of vehicles, equipment and other property to the policies is charged to the several accounts of the 2009 County Final Budget in which the funds are proportionately provided to cover the whole of such premium.

3. That all other insurance not provided for in the foregoing proposal shall continue to be secured by the Clerk of the County Board of Legislators with approval of the Personnel Committee of such County Board, limited by the funds appropriated by such County Board therefor.

Moved by: Mr. Hall Adopted: Roll Call

Seconded by: Mr. Russo 14 Ayes, 0 Noes, 1 Absent

(Memo: The insurance renewal quote referenced in Resolution No. 243-08 represents the Self-Insured Retention [SIR] option. The fiscal impact of $266,306.59 is $69,621.08 less than last year’s premium and includes $10 million in excess umbrella coverage at a premium of $21,730. Last year, our umbrella coverage was with Merchants Mutual at a premium of $58,406 for a total fiscal impact of $335,927.67.)

RESOLUTION NO. 244-08

APPROVAL OF AGREEMENT WITH BMA CONSULTING SERVICES, INC.

FOR INSURANCE ADVICE AND SERVICES;

AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT

Offered by: Personnel Committee

RESOLVED:

1. That the agreement with BMA Consulting Services, Inc. for the period January 1, 2009 to December 31, 2009 to provide insurance advice and services is approved and the Chairman of this Board is authorized to execute such Agreement.

Moved by: Mr. Hall Adopted: Roll Call

Seconded by: Mr. Fanton 14 Ayes, 0 Noes, 1 Absent

(Memo: The insurance consulting services contract approved by Resolution No. 244-08 with BMA Consulting Services [Brian Baty, President] includes a fee of $10,000, with a ten percent discount for total payment within the first 30 days. This fee has remained the same for the past several years.)

RESOLUTION NO. 245-08

APPROVAL OF INTER-MUNICIPAL AGREEMENT WITH CATTARAUGUS COUNTY

TO PROVIDE LEAD POISONING PREVENTION PROGRAM SERVICES

Offered by: Human Services Committee

RESOLVED:

1. That the Inter-Municipal Agreement between Allegany County and Cattaraugus County for the provision of a Lead Poisoning Prevention Program and Comprehensive Elevated Blood Lead Investigation Services for the period January 1, 2009 through December 31, 2009 is approved.

2. That the Chairman of this Board is authorized to execute such agreement.

Moved by: Mr. Dibble Adopted: Roll Call

Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 246-08

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 2008 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 2008 proceedings of this Board following this resolution.

Moved by: Mr. Reynolds Adopted: Roll Call

Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 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 Fanton and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $1,846,346.03 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 $8,784,019.) Legislator O’Grady requested updates on receipt of state and federal funds for the Genesee River mitigation project.

COMMENTS:

Legislator Kruger publicly thanked all of the fire companies that responded to the recent fire in Friendship. The effort made was extraordinary, with many districts represented. The firefighters didn’t just save a building; they saved a town.

ADJOURNMENT:

The meeting was adjourned at 3:30 p.m. on a motion made by Legislator Pullen, seconded by Legislator Kruger and carried.