ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

NOVEMBER 24, 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 Pullen.

 

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

 

APPROVAL OF MINUTES:

 

            The minutes of the Public Hearing for the 2009 Tentative Budget on November 6, 2008 were approved on a motion made by Legislator Reynolds, seconded by Legislator Hall and carried.

 

            The Board meeting minutes of November 10, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried.

 

            The Committee of the Whole meeting minutes of November 10, 2008 were approved on a motion made by Legislator Pullen, seconded by Legislator Hopkins and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall granted privilege of the floor to the following:

 

            Wallace Higgins, Allegany Senior Foundation Chairman, spoke on the importance of Lifeline service for people who need it.  Mr. Higgins presented a check to Office for the Aging Director Kimberley Toot.  Mrs. Toot noted that Lifeline provides service to seniors who are home alone.  There is presently a waiting list, and this check will assist ten people.

 

            Curtis W. Crandall, Chairman of the Board, presented a donation of funds from the legislators’ “flower fund” to the Allegany County Cancer Services Foundation.  Chairman Crandall noted that this is the third such contribution over the past couple of months, and each of the recipient groups operates in the interest of Allegany County residents.  All money donated stays in the County.  The mission of ACCS is to increase awareness of early, life-saving screening and treatment and to assist Allegany County residents with financial needs related to cancer issues.  Public Health Director Lori Ballengee accepted the check on behalf of ACCS.

 

            Lori Ballengee, Public Health Director, addressed the Board regarding Allegany County Cancer Services and expressed her gratitude for the donation.  The Foundation is 100 percent donation driven.  They are also 100 percent volunteer driven, with no paid staff, which illustrates the dedication of County residents to help with the cancer awareness issue.  Since the spring of 2006, 62 applications have been received, and $13,477 in financial assistance was provided to Allegany County residents.  An information sheet was distributed.

 

            Lisa Lee, Literacy Volunteers Executive Director, invited legislators to attend a strategic planning session for the CORE (Creating Opportunities for Rural Education) Initiative.  The purpose of the CORE event is to bring educators, business owners, employment and training professionals, human service providers, and government officials together to address education and employment needs.  This issue was included in the recently completed Allegany County Comprehensive Plan.  Literacy information was distributed outlining data on children and literacy status of adults.  Forty-seven percent of the County’s adult population is operating at or below the fourth grade reading level, and on employment readiness tests given by the Employment and Training Center, fifty-five percent ranked below the sixth grade level in reading and math.  When we will soon be looking at addressing Allegany County’s labor force with 2,500 people retiring, it is important that we develop a plan to ensure that we have prepared workers.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

            1.         Placed on each legislator’s desk was a copy of the 2009 Allegany County Budget.

 

            2.         The Chairman has called a special Committee of the Whole meeting on December 3 at 7 p.m. to outline and discuss the County’s financial options in addressing the Court facilities issue.  Town supervisors, village mayors, and department heads were invited, and all legislators were asked to attend.

 

APPOINTMENTS:

 

            Chairman Crandall appointed the following as members of the COURT FACILITIES FINANCIAL IMPACT AD HOC COMMITTEE, effective immediately, to serve at his pleasure:

            Theodore L. Hopkins

            Timothy J. O’Grady

            Douglas D. Burdick

            David T. Pullen

            Curtis W. Crandall

 

RESOLUTIONS:

RESOLUTION NO. 204-08

 

RESOLUTION CONTINUING AGRICULTURAL DISTRICT NUMBER ONE

WITH MODIFICATIONS

 

Offered by:  Public Works Committee

 

Pursuant to Agriculture and Markets Law Sections 303-a and 303-b

 

            WHEREAS, Agricultural District Number One, being within the Towns of Allen, Birdsall, Caneadea, Centerville, Hume, Granger, Grove, New Hudson, and Rushford, was created by Resolution No. 162-2000 on July 10, 2000, and

 

            WHEREAS, the eight-year review of Agricultural District Number One for requesting inclusion of predominantly viable agricultural land into said District for calendar year 2008 has been completed, and

 

            WHEREAS, twenty-seven landowners have requested the inclusion of approximately 2,910.18 acres of predominantly viable agricultural land within Agricultural District Number One, and

 

            WHEREAS, twenty-eight landowners have requested to be removed from Agricultural District Number One totaling approximately 761.39 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 November 10, 2008, 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 November 10, 2008, that Agricultural District Number One be continued and modified to include the addition of approximately 2,910.18 acres of predominantly viable agricultural lands located in the Towns of Allen, Birdsall, Caneadea, Centerville, Granger, Hume, New Hudson, and Rushford and the removal of approximately 761.39 acres of predominantly viable agricultural land located in the Towns of Caneadea, Centerville, Hume, and Rushford.

 

            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 2,910.18 acres of predominantly viable agricultural lands located in the Towns of Allen, Birdsall, Caneadea, Centerville, Granger, Hume, New Hudson, and Rushford and the removal of approximately 761.39 acres of predominantly viable agricultural land located in the Towns of Caneadea, Centerville, Hume, and Rushford, resulting in a net total of approximately 52,711.63 acres in Agricultural District Number One, is feasible and in the public interest.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

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

 

            Resolution Intro. No. 211-08 (A Resolution in Relation to the Compensation of County Officers and Employees) was amended on a motion made by Legislator Hall, seconded by Legislator Pullen and carried, to change the wording of Resolved Number 4.

 

RESOLUTION NO. 205-08

 

A RESOLUTION IN RELATION TO THE COMPENSATION OF

COUNTY OFFICERS AND EMPLOYEES

 

Offered by:  Personnel Committee

 

            RESOLVED:

 

            1.         That commencing January 1, 2009, 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, 2009, 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, 2009, 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, 2009, 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, 2009, 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, 2009, 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, 2009, 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. 261-06, and which salary such Public Employee Federation member is entitled to receive commencing January 1, 2009; the increment recommendations from the department heads for each employee under their jurisdiction receiving such recommendation being approved.

 

            5.         That commencing January 1, 2009, 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. 243-07, and which salary such non-unit employee is entitled to receive commencing January 1, 2009; the increment recommendations from the department heads for each such non-unit employee under their jurisdiction receiving such recommendation being approved.

 

            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, 2009, 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

 

86,652

Clerk of the Board

 

50,913

District Attorney

 

119,800

Assistant District Attorney (1st)

 

34,036

Assistant District Attorney (2nd)

 

31,587

Assistant District Attorney (3rd)

 

31,587

Assistant District Attorney (4th)

 

31,587

Assistant District Attorney (5th)  RTR

 

26,806

Assistant District Attorney (6th)  Welfare

 

24,000

District Attorney Investigator (PT)

 

12,360

Crime Victims Coordinator

 

25,602

Public Defender

 

82,000

Assistant Public Defender (1st)

 

70,000

Coroners

 

150 p/d

Coroners' Physician

 

50 p/d

Deputy County Auditor

 

1,200

County Treasurer

 

64,250

Real Property Tax Agency Director

 

51,281

County Clerk

 

57,250

County Attorney

 

86,250

Assistant County Attorney (1st)

 

74,250

Assistant County Attorney (2nd)

 

55,250

Assistant County Attorney (3rd)

 

54,250

Personnel Officer

 

50,099

Election Commissioners (2)

 

12,871

Public Works Superintendent

 

66,521

Seasonal Laborers (Public Works)

 

8.00/hr.

Information Technology Director

 

60,269

Sheriff

 

60,000

Probation Director II

 

62,798

STOP DWI Coordinator

 

14,575

Youth Director

 

29,786

Fire Coordinator

 

13,805

Emergency Services Director

 

41,426

Public Health Director

 

64,202

Medical Director

 

20,000

Tourism Specialist

 

10,619

Community Services Director

 

35,281

Social Services Commissioner

 

68,471

Development Director

 

73,544

Office for the Aging Director

 

54,032

Office for the Aging:

 

 

    Site Managers

 

7.50-9.50/hr.

    Drivers, Aides

 

7.50-9.50/hr.

Rushford Lake:

 

 

    Youth Agencies Director

 

470/wk.

    Lifeguards

 

9.20/hr.

Employment & Training Director III

 

58,810

JTPA Summer Counselors

 

11.50/hr.

Executive Secretary, Workers Comp.

 

30,631

 

            Moved by:  Mr. Hall                                                                                      Adopted:  Roll Call

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

                                                                          Voting No:  Kruger, McCormick, Russo, Ungermann

 

Comments made regarding Resolution No. 205-08:  Legislator Kruger did not support it because he felt non-unit and unit salaries should be considered separately.  Legislators have no choice in approving unit raises which are set by contract, but they do have a choice on approving non-unit raises.  Legislator Ungermann stated that some people may deserve raises, but not all.  He also disapproved of the raises in light of the poor economic situation.  Legislator McCormick stated that in these economic times, some ground needs to be given up by all of us.  As it stands today, the people that have to give up ground are the taxpayers.  We need to consider the public sector.  Legislator Pullen commented in favor of the raises in that the County offices provide many valuable, necessary services to the taxpayers, and we need qualified people to do that.  Mr. Pullen wished that the legislature could do more for the employees and that it could be done without the tax impact, but he felt that a balance had been struck with this proposal.

 

RESOLUTION NO. 206-08

 

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, 2009, Section 6 of Resolution No. 297-75, as last amended by Resolution No. 243-2007, 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:

 

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

25,091

25,844

26,619

27,417

28,240

29,087

29,960

30,858

31,784

32,736

33,718

34,730

876

2

26,619

27,417

28,240

29,087

29,960

30,858

31,784

32,736

33,718

34,730

35,773

36,846

930

3

28,240

29,087

29,960

30,858

31,784

32,736

33,718

34,730

35,773

36,846

37,951

39,089

986

4

29,960

30,858

31,784

32,736

33,718

34,730

35,773

36,846

37,951

39,089

40,263

41,472

1,046

5

31,784

32,736

33,718

34,730

35,773

36,846

37,951

39,089

40,263

41,472

42,715

43,996

1,110

6

33,718

34,730

35,773

36,846

37,951

39,089

40,263

41,472

42,715

43,996

45,316

46,677

1,178

7

35,773

36,846

37,951

39,089

40,263

41,472

42,715

43,996

45,316

46,677

48,077

49,519

1,250

8

37,951

39,089

40,263

41,472

42,715

43,996

45,316

46,677

48,077

49,519

51,004

52,535

1,326

9

40,263

41,472

42,715

43,996

45,316

46,677

48,077

49,519

51,004

52,535

54,111

55,733

1,406

10

42,715

43,996

45,316

46,677

48,077

49,519

51,004

52,535

54,111

55,733

57,405

59,127

1,492

11

45,316

46,677

48,077

49,519

51,004

52,535

54,111

55,733

57,405

59,127

60,901

62,729

1,583

 

            Moved by:  Mr. Hall                                                                                      Adopted:  Roll Call

            Seconded by:  Mr. Hopkins                                                             8 Ayes, 6 Noes, 1 Absent

                                            Voting No:  Fanton, Kruger, McCormick, O’Grady, Russo, Ungermann

 

Comments made regarding Resolution No. 206-08:  Legislator O’Grady explained his non-support by stating that we have a system in place for department heads, but all non-unit personnel were given a three percent salary increase with no discussion and no evaluation by their department heads.  Legislators Kruger and Russo concurred with Mr. O’Grady, with Mr. Russo commenting that he would continue to vote no until the system is fixed.  Legislator Dibble commented that we should begin looking at the procedure for determining non-unit raises in February so that a system will be in place in the fall.

 

RESOLUTION NO. 207-08

 

APPOINTMENT OF COMMISSIONER OF ELECTIONS

 

Offered by:  Personnel Committee

 

Pursuant to Election Law §§ 3-202, 3-204

 

            WHEREAS,    the Chairman of the Allegany County Republican Committee has filed with the Clerk of this Board, a certificate in accordance with Election Law § 3-204 that recommends the appointment of Elaine Herdman to the office of Commissioner of Elections, and

 

            WHEREAS,    the Personnel Committee has determined that Elaine Herdman is qualified to hold such office, now, therefore, be it

 

            RESOLVED:

 

            1.         That Elaine Herdman is appointed Commissioner of Elections with term of office commencing January 1, 2009, and expiring December 31, 2012.

 

            Moved by:  Mr. Hall                                                                                 Adopted:  Voice Vote

            Seconded by:  Mr. Fanton

 

RESOLUTION NO. 208-08

 

AMENDMENT OF COUNTY NON-UNIT SALARY PLAN TO MOVE

POSITION OF UNDERSHERIFF FROM GRADE 10 TO GRADE 11 (STEP 8)

 

Offered by:  Personnel Committee

 

            RESOLVED:

 

            1.         The position of Undersheriff is moved from Grade 10 to Grade 11 (Step 8) of the Non-Unit Salary Plan on the condition that no overtime will be allotted.

 

            2.         This resolution will be effective November 25, 2008.

 

            Moved by:  Mr. Hall                                                                                      Adopted:  Roll Call

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

                                                                           Voting No:  Burdick, Hopkins, McCormick, O’Grady

 

Comments made regarding Resolution No. 208-08:  Legislator O’Grady stated that the original salary for this position may have been set too low, but with the increase associated with this resolution, it will mean $15,000 in raises over the last two years, which is considerable.  He couldn’t support it at this time.  Legislator Kruger commented that he didn’t agree with the process used in many instances when setting lower salaries for new personnel in positions like the County Clerk, Treasurer, Sheriff, and Undersheriff.  Now we’re trying to catch up.  Salaries should be set, regardless of experience.

 

RESOLUTION NO. 209-08

 

ABOLISHING ONE POSITION OF DEPUTY SHERIFF AND

CREATING ONE POSITION OF CORRECTION OFFICER IN THE

SHERIFF’S DEPARTMENT

 

Offered by:  Public Safety Committee

 

            RESOLVED:

 

            1.         That one position of Deputy Sheriff is abolished and one position of Correction Officer is created in the Sheriff's Department.

 

            2.         This resolution shall take effect November 25, 2008.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                             13 Ayes, 1 Noes, 1 Absent

                                                                                                                                   Voting No:  Kruger

 

(Memo:  Regarding Resolution No. 209-08, the Deputy Sheriff position was vacated due to a resignation and will be replaced with the Correction Officer position at a savings of $7,100 per year.)

 

Comments made regarding Resolution No. 209-08:  Legislator Kruger felt that the position changes should wait until problems are sorted out through arbitration.  Legislator Ungermann questioned if this issue was under arbitration and also if the change should wait until after the Deputy Sheriff Union contract is settled.  County Administrator John Margeson replied that a grievance is presently under arbitration.  The County is in the process of finding a new arbitrator.  Within a few weeks, we should have an arbitrator and can hold a hearing.  Legislator Reynolds commented that the Sheriff is trying to get a handle on staffing, and he felt that the union should not be able to dictate staffing levels.  Legislator O’Grady noted that staffing levels aren’t changing; the Sheriff is just rearranging positions.  Legislators Fanton and Pullen supported the change and getting the same job done at a savings of $7,100, and noted that the arbitration can be dealt with when it comes up.

 

            Resolution Intro. No. 216-08 (Amendment of 2009 County Tentative Budget) was amended on a motion made by Legislator Hall, seconded by Legislator Reynolds and carried, by changing the final amounts for Account No. V9730.600 from 135,000 to 135,050 and Account No. V12.5031.00 from 2,515,500 to 2,515,550 (Voting No: Kruger).

 

 

RESOLUTION NO. 210-08

 

AMENDMENT OF 2009 COUNTY TENTATIVE BUDGET

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That the 2009 County Tentative Budget dated September 30, 2008, is amended as follows:

 

            Appropriations:

 

            Account No.    Account Name                                    Amendment

            A9560.905       Interfund Transfer to Debt Service     Change from 2,380,550 to 2,515,550

            V9730.600       BAN Principle                                      Change from 0 to 135,050

 

            Revenues:

 

            Account No.    Account Name                                    Amendment

            A15.599.00      Appropriated Fund Balance                Change from 0 to 135,000

            V12.5031.00    Interfund Transfers                             Change from 2,380,500 to 2,515,550

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

            Seconded by:  Mr. Hopkins                                                          12 Ayes, 2 Noes, 1 Absent

                                                                                                             Voting No:  Kruger, Ungermann

 

RESOLUTION NO. 211-08

 

ADOPTION OF 2009 COUNTY FINAL BUDGET

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That the 2009 County Tentative Budget dated September 30, 2008, as amended and revised, is adopted as the 2009 County Final Budget.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

                                                                          Voting No:  Kruger, McCormick, Russo, Ungermann

 

Comments made regarding Resolution No. 211-08:

 

            Legislator Kruger stated that he would not support the budget.  Even though the tax increase is minimal, when you compare the amount to be raised in taxes to the amount from three years ago at the beginning of this Board’s term, it’s over $3 million more.

 

            Legislator Russo read a prepared statement:  “Although the proposed 1.3 percent property tax increase seems low, it’s really not when added to the past five years.  The total increase for that period is over 20 percent.  This is absolutely the worst time to pile more tax on County residents who are already suffering under current tax burdens and trying to deal with economic recession and market melt-down that is sapping both their wallets and their retirement funds.  Property taxes are a major impediment to economic activity and growth in Allegany County and across New York State.  Property taxes are higher in our County than most other counties, and they put a burden on many homeowners and small businesses that are expected to pay taxes based on the appraised value of their properties, not on their current financial ability to pay.  For these reasons, I will vote NO today on the 2009 Allegany County Budget.”

 

            Legislator O’Grady commented that he has voted no on the budget every year, because he felt we never investigated enough to find more ways to cut expenses.  This year he will support it, because he believes that when the state passes their budget, we will see significant shifts in our budget, and we will need every penny to make up the difference.

 

            Legislator Fanton pointed out that the two main reasons Allegany County experienced a 20 percent increase in property taxes over the past several years were that Medicaid expenses went from $6.8 million in 2002 to $10 million, and the County’s expense for the NYS Retirement fund went from $400,000 to $2.4 million.  Those expenses were unfunded mandates passed down to the County, and the Board had to deal with it by increasing taxes.

 

            Legislator Ungermann commented that spending has gone up $12 million in three years, and we’re tacking on an additional $1 million this year from the taxpayers alone.  He could not vote to approve the budget.  We’ve done nothing to make cuts, but continue to hire additional people, even when the union says we don’t need to, for example, the second Clinic Receptionist and the Well Baby Nurse in the Health Department.  Several ideas have been offered to help cut costs.  Scott Spillane came in a couple of months ago and said we should follow Cattaraugus County’s lead and approve a veterans’ exemption.  Maybe we should follow their lead again and require legislators to pay 50 percent of their health insurance premium.  That would save $60,000.  Mr. Ungermann’s daughter wrote an editorial in response to a newspaper headline stating that County residents were happy with the tax increase.  If that was not the case, she asked that readers send letters to the Clerk of the Board.  A total of 70 responses were received, so not everyone is happy.

 

            Legislator McCormick commented that farming is the backbone of our County.  Over the last four months, the price of milk slid ten percent.  That’s a 30 percent decrease in income over a twelve-month period.  Now we’re asking people owning farmland to accept an increase in their costs.  They’re giving up ground.  We need to help the taxpayers.  We’re elected by them.  Mr. McCormick felt there was room for more reductions in the budget.

 

            Legislator Hopkins noted that the budget is fairly tight, and we don’t know what will happen with the state.  The County will undoubtedly share some of those costs.  Legislator Fanton pointed out that state reductions are projected to be between six and fifteen percent.  There may be a little room in the County budget to deal with increased costs passed down by the state, but it will be very tight.

 

            Legislator Ungermann referred to a recent NYSAC newsletter that cautioned counties against raising sales tax projections, and he noted that we did by a little over $1 million.  County Administrator/Budget Officer John Margeson responded that the $1.2 million is based on actual 2007 projections, not 2008.  Actual figures for 2008 will probably be $18.5 million, so planning on $18.5 million for 2009 is no increase over 2008.

 

RESOLUTION NO. 212-08

 

RESOLUTION MAKING APPROPRIATIONS FOR THE

CONDUCT OF THE COUNTY GOVERNMENT FOR THE FISCAL YEAR 2009

 

Offered by:  Ways and Means Committee

 

            WHEREAS, this Board, by Resolution No. 211-08, has adopted a budget for the fiscal year 2009, now, therefore, be it

 

            RESOLVED:

 

            1.         That the several amounts specified in the 2009 County Final Budget in the column entitled “Final Budget 2009” be and they are appropriated for the objects and purposes specified.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

                                                                          Voting No:  Kruger, McCormick, Russo, Ungermann

 

RESOLUTION NO. 213-08

 

RESOLUTION LEVYING TOWNS 2009 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 $287,356 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. Dibble                                                             14 Ayes, 0 Noes, 1 Absent

 

RESOLUTION NO. 214-08

 

TRANSFER OF FUNDS BETWEEN APPROPRIATIONS IN THE HEALTH DEPARTMENT

 

Offered by:  Human Services and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $26,500 is transferred between appropriations to cover year to date expenditures and forecasted expenditures through the end of the fiscal year, as follows:  the sum of $4,000 is transferred from Account No. A4011.4 to Account No. A1185.4; $10,000 from Account No. A4010.1 to Account No. A4035.4; and $12,500 from Account No. A4011.4 to Account No. A4043.4.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

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

 

RESOLUTION NO. 215-08

 

TRANSFER OF FUNDS WITHIN PUBLIC HEALTH ACCOUNTS

 

Offered by:  Human Services and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $50,000 is transferred from Account No. A4011.101 (Health – Nurses – Personnel) to Account No. A4010.464 (Health Department – Contractual) to finance the cost of contracting with Altreya to provide financial and staff efficiency studies for the Department.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Hopkins                                                             8 Ayes, 6 Noes, 1 Absent

                                            Voting No:  Benson, Burdick, Kruger, McCormick, Russo, Ungermann

 

            RESOLUTION INTRO. NO. 222-08 (TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO HUMAN RESOURCES CONTRACTUAL EXPENSES ACCOUNT) was DEFEATED on a roll call vote of 5 Ayes, 9 Noes, 1 Absent.  Voting No:  Benson, Fanton, Hopkins, Kruger, McCormick, O’Grady, Pullen, Russo, Ungermann.  The transfer of funds, amounting to $11,550, would have financed the cost of contracting with Public Sector HR Consultants and Employee Services to establish a Workplace Violence Prevention Program for the County.  Comments made regarding this proposed resolution included:

 

            Legislator Kruger felt that there was in-house staff being paid to do these things.  The same proposal was voted down once before, and he would not support it.

 

            Legislator Ungermann contacted several other counties and obtained some sample Workplace Violence Prevention policies.  All four of the policies were completed in-house.  One county borrowed from another county, and one used the state’s sample.  Some of the bigger counties have public safety officers, but usually someone from HR worked with someone from the Sheriff’s Office to put the policy together.  Policies ranged from two to twelve pages.  This is not an impossible thing, and there’s no reason we couldn’t put something together.  Education has to be done yearly.  One county is putting the training and testing on employee computer workstations, others are doing it by hand.  One county’s safety officer indicated an interest in helping Allegany County with the training for a small fee.  The proposal for consultants was voted down once before, and he would not support it.  Legislator O’Grady agreed with Mr. Ungermann and also voiced his non-support, noting that in the Chief of Police organization he is involved with, they swap policies all the time.

 

 

RESOLUTION NO. 216-08

 

TRANSFER OF FUNDS FROM CAPITAL PROJECTS FUND TO

SNOW REMOVAL FUND CONTRACTUAL EXPENSES ACCOUNT

 

Offered by:  Public Works and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $17,855 is transferred from Account No. H5802.00 (Bridge #15-16, Farnsworth Road, Cuba) to Account No. D5142.408 (Snow Removal – Contractual), to cover cost of purchasing sand and salt.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

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

 

RESOLUTION NO. 217-08

 

TRANSFER OF FUNDS FROM ENGINEERING PERSONAL SERVICES ACCOUNT TO ENGINEERING CONTRACTUAL EXPENSES ACCOUNT

 

Offered by:  Public Works Committee

 

            RESOLVED:

 

            1.         That sum of $2,000 is transferred from Account No. D5020.101 (Engineering – Personal Services) to Account No. D5020.465 (Engineering – Contractual) to cover expenditures for the Soil Borings on 2009 bridges.

 

            Moved by:  Mr. Fanton                                                                                 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 grant Legislator O’Grady permission to abstain from voting on Resolution Intro. No. 225-08 (Approval of Final 2009 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. 218-08

 

APPROVAL OF FINAL 2009 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 2009 STOP DWI Plan is approved and shall replace on and after January 1, 2009, the Plan approved by Resolution No. 238-2007.

 

            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. Reynolds                                                         13 Ayes, 0 Noes, 1 Absent

                                                                                                                               Abstaining:  O’Grady

 

RESOLUTION NO. 219-08

 

APPROVAL OF AGREEMENT FOR PURCHASE OF

TONNAGE CAPACITY AT ALLEGANY COUNTY LANDFILL BETWEEN

COUNTY OF ALLEGANY AND LAFORGE DISPOSAL SERVICE, INC.

 

Offered by:  Public Works Committee

 

            RESOLVED:

 

            1.         That Agreement for Purchase of Tonnage Capacity at Allegany County Landfill between County of Allegany and LaForge Disposal Service, Inc. for the period January 1, 2009 to December 31, 2009 is approved.

 

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

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. O’Grady                                                          14 Ayes, 0 Noes, 1 Absent

 

(Memo:  The agreement approved by Resolution No. 219-08 includes payment of $35 per ton for disposal of out-of-County waste.  The fiscal impact is $30,000 in revenue.)

 

RESOLUTION NO. 220-08

 

APPROVAL OF RENEWAL AGREEMENT BETWEEN THE

NEW YORK STATE UNIFIED COURT SYSTEM AND COUNTY OF ALLEGANY FOR

MAINTENANCE AND OPERATION OF COURT FACILITIES

 

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 cleaning services for the interior of the Allegany County Courthouse as well as minor and emergency repairs to that facility for the period April 1, 2008 to March 31, 2013, is approved.

 

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

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

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

                                                                                                                                   Voting No:  Kruger

 

(Memo:  The fiscal impact of the agreement approved by Resolution No. 220-08 is approximately $90,000 in revenue.)

 

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 Hopkins and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $1,368,496.41 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 $8,090,275.)

 

 

 

COMMENTS:

 

            Legislator Ungermann expressed concern about Office of Court Administration representatives not being invited to the Committee of the Whole meeting on December 3, and he questioned if time would be given for presentation of other Court Facilities alternatives.  Chairman Crandall stated that OCA representatives will be attending another meeting to be scheduled after the first of the year.  The meeting on December 3 is for the presentation of information on the financial impact of the Court Facilities Project on the County.  Chairman Crandall also pointed out that the Board has already approved a Court Facilities Capital Plan; that is the County’s official plan, and it’s in the hands of the OCA.  We are beyond other alternatives.

 

ADJOURNMENT:  The meeting was adjourned following a motion made by Legislator Fanton, seconded by Legislator Pullen and carried.