ALLEGANY
REGULAR SESSION
DECEMBER 8, 2008
** APPROVED
The regular meeting of the Board of
Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall,
who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Dibble.
ROLL CALL: 12 Present; 3 Absent
(Legislators Benson, Fanton, Pullen).
APPROVAL OF
MINUTES:
The Board meeting minutes of
November 24, 2008 were approved on a motion made by Legislator Dibble, seconded
by Legislator Truax and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall
granted privilege of the floor to STOP DWI Program Coordinator Deborah Aumick for
announcement of today’s kick-off celebration to recognize National Drunk and
Drugged Driving Awareness Month. Old
English Wassail and Christmas cookies, prepared by BOCES Culinary Arts students,
were available outside of the Board Chambers.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. Placed
on each legislator’s desk was a copy of the Report of Intrafund Transfers
approved by the
2. Correspondence
was received from the Town of
3. A
memo was received from Personnel Officer Ellen Ruckle announcing that the IRS
standard mileage rate will be 55 cents per mile effective January 1, 2009.
RESOLUTIONS:
RESOLUTION
NO. 221-08
AMENDMENT OF
Offered by: Personnel and Ways and Means Committees
RESOLVED:
1. That
the Allegany County Vehicle Usage Policy, as heretofore adopted by Resolution
No. 110-06, is amended to add the following paragraph, to be denominated
paragraph "6," at the end of the section entitled "Use of
Personal Vehicle for
6.
a. Accident report within five (5) days of incident.
b. Satisfactory proof that the damage occurred while on County business.
c. Terms of any applicable insurance coverage on the County employee's
vehicle.
d. Estimated cost of repairing the damage.
Prior to receiving reimbursement the employee must assign to Allegany County a right of subrogation to the extent of any monies paid the employee by Allegany County for such damage.
2. That the Clerk of this Board is directed to deliver a copy of the amended policy to all County departments and offices to which the policy applies for review by all covered employees.
3. This resolution shall take effect
immediately.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Reynolds 11
Ayes, 1 No, 3 Absent
Voting
No: Kruger
RESOLUTION
NO. 222-08
RESOLUTION LEVYING
Offered by: Ways and Means Committee
Pursuant to
WHEREAS, this Board, by Resolution No. 211-2008, has adopted a final budget for the fiscal year 2009, and
WHEREAS, this Board, by Resolution No. 212-2008, made appropriations for the conduct of the County Government for the fiscal year 2009, 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 $25,381,144 upon all the taxable real
property in the County liable therefor.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hall 8
Ayes, 4 Noes, 3 Absent
Voting
No: Kruger, McCormick, Russo, Ungermann
RESOLUTION
NO. 223-08
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, 2008.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 11
Ayes, 1 No, 3 Absent
Voting
No: Kruger
RESOLUTION
NO. 224-08
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
Alfred 1,514.40 Friendship 1,572.00
Allen
681.60
Almond 1,394.40 Grove 805.20
Amity 1,716.00 Hume 1,424.40
Angelica 1,375.20 New
Birdsall 704.40 Scio 1,489.20
Bolivar 1,904.40 Ward 529.20
Burns 940.80 Wellsville 4,464.00
Caneadea 1,695.60 West Almond 639.60
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Truax 12
Ayes, 0 Noes, 3 Absent
Comments made regarding Resolution No. 224-08: County Attorney Thomas Miner noted that the
resolution is necessary in order to have a legal bill for the towns to pay
from. County Treasurer Terri Ross added
that the resolution approves these charges becoming a part of the levy for the
towns.
RESOLUTION
NO. 225-08
LEVYING TAXES AND ASSESSMENTS REQUIRED FOR
PURPOSES OF
ANNUAL BUDGETS OF THE TOWNS OF
Offered by: Ways and Means Committee
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, 2009, 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 |
7,237.00 |
109,335.00 |
|
Almond |
6,241.00 |
169,287.00 |
|
Amity |
(-1,200.00) |
153,500.00 |
|
|
17,316.00 |
139,957.00 |
|
Angelica |
1,272.00 |
38,861.00 |
|
Bolivar |
18,283.00 |
202,792.00 |
|
Burns |
6,550.00 |
42,060.00 |
|
|
0.00 |
250,436.00 |
|
Wellsville |
98,088.39 |
328,392.32 |
|
Wirt |
337.95 |
112,376.50 |
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 |
135,287.00 |
187,396.00 |
|
Allen |
98,706.00 |
109,345.00 |
|
|
161,614.00 |
357,484.00 |
|
Almond |
146,456.00 |
204,864.00 |
|
Amity |
147,480.00 |
155,750.00 |
|
|
141,037.00 |
168,686.00 |
|
Angelica |
87,532.00 |
82,661.00 |
|
|
236,234.00 |
342,850.00 |
|
Birdsall |
78,059.00 |
79,680.00 |
|
Bolivar |
152,344.00 |
202,792.00 |
|
Burns |
129,125.00 |
116,150.00 |
|
Caneadea |
207,749.00 |
466,780.00 |
|
|
137,100.00 |
193,046.00 |
|
|
137,403.00 |
282,650.00 |
|
|
596,372.00 |
181,977.00 |
|
Friendship |
259,432.00 |
239,837.00 |
|
|
120,436.00 |
362,735.00 |
|
Granger |
82,100.00 |
156,000.00 |
|
Grove |
117,642.00 |
248,893.00 |
|
Hume |
185,500.00 |
398,500.00 |
|
|
197,514.00 |
412,796.00 |
|
New |
105,593.00 |
260,384.00 |
|
Rushford |
283,091.00 |
408,979.00 |
|
Scio |
200,264.00 |
339,630.00 |
|
Ward |
99,958.00 |
170,544.00 |
|
Wellsville |
538,879.17 |
291,300.05 |
|
West Almond |
105,200.00 |
27,860.00 |
|
Willing |
182,391.00 |
233,288.00 |
|
Wirt |
164,023.56 |
255,819.93 |
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 |
13,150.00 |
|
|
Fire Protection |
49,000.00 |
|
|
Light District |
2,000.00 |
|
Almond |
Fire Protection |
25,000.00 |
|
Amity |
Fire District |
45,000.00 |
|
|
Fire Protection |
28,750.00 |
|
Angelica |
Fire Protection District |
28,000.00 |
|
|
Water |
67,821.00 |
|
|
Fire District |
52,078.00 |
|
|
Light |
6,500.00 |
|
Birdsall |
Fire |
20,781.00 |
|
Bolivar |
Richburg-Wirt Fire District |
4,592.00 |
|
|
Bolivar Joint Fire District |
103,300.00 |
|
Burns |
Canaseraga Fire Protection |
16,000.00 |
|
Caneadea |
Houghton Water District |
158,015.00 |
|
|
Houghton Sewer District |
63,515.00 |
|
|
Caneadea Light |
2,600.00 |
|
|
Houghton Light |
15,000.00 |
|
|
Oramel Light |
650.00 |
|
|
Rushford |
37,800.00 |
|
|
Caneadea Fire |
103,390.00 |
|
|
Fire Districts |
18,950.00 |
|
|
Fire District |
62,000.00 |
|
|
Fire District |
48,165.00 |
|
|
Sewer #1 (Echo Lanes) |
0.00 |
|
|
Sewer #3 (Acme) |
0.00 |
|
|
Water #3 (Acme) |
0.00 |
|
|
Water #4 (School) |
3,500.00 |
|
|
|
49,560.00 |
|
Friendship |
Fire Protection District |
91,250.00 |
|
|
Street Lighting District |
17,745.00 |
|
|
Sidewalks Fund |
41,184.00 |
|
|
Refuse & Garbage District |
61,951.00 |
|
|
Fire Protection 1 (Bolivar) |
37,200.00 |
|
|
Fire Protection 2 (Portville) |
29,494.00 |
|
Granger |
Fire Protection |
17,000.00 |
|
Grove |
Swain Lighting District |
2,500.00 |
|
|
Canaseraga Fire District 1 |
16,000.00 |
|
|
Nunda Fire District 2 |
2,000.00 |
|
Hume |
Fire Protection |
83,525.00 |
|
|
Light District 1 (Hume) |
3,750.00 |
|
|
Light District 2 (R & W) |
4,125.00 |
|
|
Light District 3 |
9,750.00 |
|
|
Sidewalk |
21,615.00 |
|
|
Sewer District |
0.00 |
|
|
Consolidated Water Dist. |
0.00 |
|
|
Fire |
46,900.00 |
|
|
Street Light |
10,000.00 |
|
|
Water District |
0.00 |
|
New |
Light District 1 |
2,500.00 |
|
|
Fire District 1 |
36,000.00 |
|
Rushford |
Lighting District |
6,000.00 |
|
|
|
172,200.00 |
|
|
Rushford Fire District |
98,500.00 |
|
Scio |
Consolidated Water Dist. |
32,639.00 |
|
|
Light District 1 |
14,950.00 |
|
|
Fire District 1 |
23,675.00 |
|
|
Fire District 2 |
46,775.00 |
|
Ward |
Fire Protection |
8,500.00 |
|
Wellsville |
Fire Protection District |
109,850.00 |
|
|
Hillcrest Lighting District |
285.00 |
|
|
E. State St. Sewer District |
460.00 |
|
|
Sinclair Sewer District |
1,900.00 |
|
|
Bolivar Rd. Sewer District |
1,012.00 |
|
|
Airport Sewer District |
0.00 |
|
|
Sinclair Water District |
980.00 |
|
|
Riverside Water District |
980.00 |
|
|
East State Water District |
970.00 |
|
|
Bolivar Rd. Water District |
1,032.00 |
|
|
George St. Water District |
1,833.00 |
|
|
W. Wellsville Water District |
19,715.00 |
|
|
Airway Sanitary Sewer Dist. |
0.00 |
|
|
Phillips Creek Water District |
0.00 |
|
West Almond |
Fire District |
9,060.00 |
|
Willing |
Fire Department |
65,430.00 |
|
Wirt |
Fire Protection Townwide |
91,080.00 |
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. Hall 12
Ayes, 0 Noes, 3 Absent
RESOLUTION
NO. 226-08
DESIGNATING THE
WELLSVILLE DAILY REPORTER AS
SOLE OFFICIAL
NEWSPAPER FOR THE WEEK OF DECEMBER 28, 2008
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 week of December 28, 2008, 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 week of
December 28, 2008.
Moved by: Mr. Reynolds Adopted: Voice Vote
Seconded by: Mr. McCormick
RESOLUTION
NO. 227-08
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.
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. Patton, Barbara J.; Parcel 139.-1-49.111
Assessment: Land $67,700 Total $67,700
this Parcel had a school relevy
that was calculated wrong, and the
|
|
$1,108.33 |
|
Town of |
$585.19 |
|
Fire |
$31.79 |
|
School Relevy |
$535.81 |
|
Total |
$2,261.12 |
and the
|
School Relevy |
$1,216.98 |
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, 2009. The
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Dibble 12
Ayes, 0 Noes, 3 Absent
RESOLUTION
NO. 228-08
TRANSFER OF FUNDS BETWEEN VARIOUS PUBLIC HEALTH DEPARTMENT ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $30,000 is transferred from Account No. A4011.401 to Account No. A4011.409.
2. That the sum of $11,495 is transferred from Account No. A4040.4 as follows: $8,495 to Account No. A1185.4 and $3,000 to Account No. A4037.4.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble 12
Ayes, 0 Noes, 3 Absent
RESOLUTION
NO. 229-08
APPROVAL OF HESS PRINT SOLUTIONS AGREEMENT
FOR
PRINTING THE 2009 ALLEGANY
TO EXECUTE SAID AGREEMENT
Offered by: Ways and Means Committee
WHEREAS, the Allegany County Office of Tourism and Culture solicited bids for printing the Allegany County 2009 Travel and Outdoor Guide, and
WHEREAS, Hess Print Solutions was selected from the bids submitted to print the Allegany County 2009 Travel and Outdoor Guide, now, therefore, be it
RESOLVED:
1. That the agreement between Hess Print Solutions and the Allegany County Office of Tourism and Culture for printing 125,000 copies of the Allegany County 2009 Travel and Outdoor Guide for the sum of $26,170.70, is approved.
2. That the Allegany County Office of
Tourism and Culture on behalf of the
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 12
Ayes, 0 Noes, 3 Absent
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 was TABLED following
a motion made by Legislator Reynolds, seconded by Legislator Truax and carried
(opposed: Ungermann).
Comments made regarding Resolution Intro. No. 237-08 prior to its being
tabled: Legislator Kruger questioned which appropriation account
would cover an expenditure like this.
County Administrator/Budget Officer John Margeson responded that funds
would be taken from the Contingent Account.
Mr. Kruger voiced his non-support for the resolution and stated that we can’t
afford an $18 million project that includes empty shell space and no parking.
Legislator Reynolds pointed out that the
agreement with Hodgson Russ, and the associated Project Labor Agreement, will hopefully
save us many hundreds of thousands of dollars, possibly a million, because it waives
the Wicks Law requirements. It will save
us money regardless of the plan we go with, and anything we save will be a
benefit to the County. The savings are
proven by history. Hodgson Russ has done
this type of thing before. Chairman
Crandall noted that estimates of savings are between ten and fifteen percent of
the final project cost.
Legislator Ungermann commented on Project Labor
Agreements. The only place to save is on
the labor portion of the costs. Mr.
Ungermann quoted LaBella’s estimates for several separate project components,
including the labor expense for each, and he stated that we won’t even get close
to ten percent in savings, or $1.8 million.
Project Labor Agreements eliminate any non-union competition, because
they must sign union contracts to participate.
There are big companies in the area that are non–union. A clerk of the works will cost three to six
percent of the project cost, while construction managers will cost fifteen to
eighteen percent. Mr. Ungermann felt the
amount of savings would be negligible.
Chairman Crandall explained that the Project
Labor Agreement will allow the County to take advantage of the new Wicks Law
amendment. Special state legislation
resulted in this amendment in 2008. No
other county up until now has exercised that new change in law.
Legislator Ungermann noted that the Wicks Law requires
the issuance of multiple construction contracts for most public works projects costing
over $50,000. Separate prime contracts
must be awarded for the major components of the work: Electrical, Plumbing,
HVAC, and General. The only thing eliminating
Wicks will do is allow a general contractor to become solely responsible for
the entire project. We wouldn’t need a
construction manager.
Legislator Kruger commented that a PLA doesn’t
change prevailing wage. A non-union
contractor still has to pay prevailing wage, the same as the union contractor does. He questioned where the ten to fifteen
percent savings would come from.
Legislator McCormick pointed out that there
were too many uncertainties with the PLA, such as the possibility of locking
out the non-union bidders. Mr. Miner
reiterated a previous statement, that, no, they would not be locked out, but
they would be required to enter into the PLA with us, and their employees would
be part of a union on a short-term basis.
Mr. Ungermann commented that the PLA was nothing but a union organizing
tool.
Legislator
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 12 Ayes, 0 Noes, 3 Absent, that the audit of claims, totaling $3,788,948.82
including prepaid expenses, be approved for payment as recommended by the
County Administrator. (
ADJOURNMENT: The meeting was adjourned at 2:35 p.m. on a motion made by Legislator Reynolds,
seconded by Legislator Truax and carried.