ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

AUGUST 11, 2008

** APPROVED **

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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: 15 Present; 0 Absent.

APPROVAL OF MINUTES:

The Board meeting minutes of July 28, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Pullen and carried.

PRIVILEGE OF THE FLOOR:

Chairman Crandall took the floor for the presentation of a Certificate of Appreciation to Dr. Robert Anderson, Director of the Community Services Agency, for his 25 years of service to Allegany County. Dr. Anderson began his employment in 1983 as Staff Psychologist, and became Director of Community Services in 1986. Community Services, through its contract with Allegany County Arc, has over 100 employees providing services and case management for those in need, and working toward the betterment of the County.

Chairman Crandall granted privilege of the floor to the following:

Social Services Commissioner Patricia Schmelzer recognized staff members of the Child Support Unit. Governor Paterson has proclaimed August as Child Support Month (Chairman Curtis W. Crandall will be issuing a similar proclamation later in this meeting). Child support professionals in Allegany County currently serve more than 4,153 child support cases. The Unit collected over $6 million in child support during 2007, an increase of 4.89 percent over 2006. Commissioner Schmelzer presented certificates to: Barbara Benjamin, Deborah Biancuzzo, Diane Bunk, Andrea Fagan, Angela Freeman, Mary Ellen Fuller, Sheila Greene, Michael Hillman, Donald Horan, Nancy Houle, Danielle Keesler, Ruth Neely, Wendy Schoonover, Sharon Wallace, and Karen White.

Court Facilities and County Space Needs Committee Chairman David Pullen read a statement regarding the Court Facilities Capital Plan:

“Later today we are going to vote upon Resolution Intro. No. 140-08. If adopted, this resolution will approve the proposed Allegany County Court Facilities Capital Plan. The “Plan” is in the form of a letter that will be sent to the Office of Court Administration. It is approximately four and one-half pages long. It does not deal with any proposed renovations to the County Office Building, and does not authorize any spending or borrowing. It does not award any contracts. It is simply the Plan developed by the Court Facilities and County Space Needs Committee to submit to OCA for review and approval; nothing more; nothing less.

It has taken Allegany County a long time to get to this point. I would like to give a short historical review of the events that brought us to the point where we can consider this resolution. In 1987, the State Legislature adopted a law known as the New York State Court Facilities Capital Plan Act. This law required every county and city to prepare and implement a “Court Facilities Capital Plan.” Each community was given two (2) years to complete its study, adopt its plan, and forward that plan to the Office of Court Administration. It is now 2008, and we still do not have a plan. We are twenty years overdue on sending a plan to OCA for consideration and approval. We have been warned repeatedly that we could face sanctions if we do not come into compliance with this law. Over the past twenty years, every other county, and most cities, in the state have developed their own plans and submitted them to OCA. Most of the other counties and cities have built facilities that will bring them into compliance. We are the only county in the state that has not done so.

For the past two years, Allegany County has been working on its own “Court Facilities Capital Plan.” A new committee was established to deal with this mandate, as well as other space needs facing Allegany County. I was appointed to chair that committee. We have considered other issues, but our primary focus has been on the Court facilities. After considering various options, our committee settled upon a plan that calls for renovation of the existing Courthouse and construction of a three-story addition behind the existing Courthouse. The details are contained in the plan that is attached to the resolution.

The Court Facilities and County Space Needs Committee unanimously adopted this Court Facilities Capital Plan. It represents the culmination of almost two years of work. Numerous designs and plans were considered, rejected, and reconsidered. The current design contained in the proposed Court Facilities Capital Plan incorporates numerous changes and compromises. I would like to emphasize some themes that our committee focused on as it developed this Capital Plan.

The first theme involves expense. Our committee sought to keep the cost of this Capital Plan as low as possible. I believe we succeeded. The total cost for the renovation of the Courthouse and construction of the addition is less than $15 million. That number includes a contingency allowance of almost 25 percent. This projected cost is less than any other proposals given to us by our architects. The lower cost is the result of using the existing Courthouse and facilities wherever possible. The proposed Court facilities are significantly smaller than official OCA requirements. We sought and obtained several waivers and exemptions. The use of existing facilities should also reduce disruption and the expense involved in moving various offices and personnel during the construction phase.

A second theme involves flexibility. Other counties have designed and constructed facilities only to find that they were too small or unsuited for current requirements. To avoid that problem, we incorporated several thousand square feet of “shell space.” This is enclosed but unassigned space within the new building. Every other county we spoke to strongly recommended such an approach. Shell space saves us money now compared to building finished space. It also saves money in the future when it can be finished for a fraction of the cost of building from scratch. This approach reduces current cost while giving maximum flexibility to meet future needs.

A third theme involves aesthetics, or appearances. The existing facilities are frequently complimented and appreciated. Many judges and attorneys, as well as others, urged us to preserve our beautiful “classic Courthouse.” We have managed to do so, and to save money in the process. In that process, we have made the existing Courthouse fully handicapped accessible, and have increased its functionality.

I will close by referring to something else that we learned as we studied and worked on this Capital Plan. There is no question that capital projects are expensive. However, there is also no question that construction costs increase faster than most other costs in our economy. Some may point to facilities built by other counties for significantly less than the projected cost of our Capital Plan. However, when you factor in the increases due to inflation, the costs for our project are comparable or cheaper than most of those other projects. Whether right or wrong, our County chose not to approve a capital plan until now. By waiting we have incurred increased costs. The only guarantee that I can give is that the costs will continue to increase. It will never be cheaper to build a new Courthouse than now.

If Resolution Intro. No. 140-08 is approved, the Allegany County Court Facilities Capital Plan will be sent to OCA. That agency will review it. There is no guarantee that they will approve it as submitted, though I am optimistic that they will do so. Once this plan, or some variation of it, is approved, this Board will have to make decisions regarding financing, contracts, timetable, and numerous other issues. However, those decisions must wait for another day. Today the only issue is whether we approve this resolution and adopt a proposed Court Facilities Capital Plan.

None of us wanted to build new Court facilities at this time. That responsibility was pushed onto us by the actions (or inactions) of our predecessors, and by OCA. Now that we are faced with this reality, we need to act responsibly. I believe the most responsible action we can take is to approve the Court Facilities Capital Plan that is before us today. I strongly encourage each of you to vote yes on this resolution.”

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

1. Placed on each legislator’s desk for review was a copy of the minutes of the July 28, 2008 meeting of the Committee of the Whole.

2. Also placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for July 2008.

3. A notice was received for the next Inter-County Association meeting to be hosted by Wayne County on August 15, 2008.

4. A reminder was announced for the annual Allegany County Planning Board picnic to be held at the Crossroads Conference Center on August 20.

5. Correspondence and a resolution were received from the Allegany County Pomona Grange #45 opposing any ban by the Department of Environmental Conservation on open burning for the citizens of New York State.

6. Correspondence was received from the following expressing support for accepting the New York State Public Safety Interoperable Communications (PSIC) grant in the amount of $1,700,475.96:

Jeff Luckey, Chairman of the Allegany County Fire Advisory Board

William Zacher, Supervisor of the Town of Friendship

Peter Hotchkiss, President of the Rushford Volunteer Fire Department

Peter Liebig, Team Leader of the Allegany County Fire Investigation Team

Tamara Burdick, Secretary for the Allegany County D-4 –

Alfred, Alfred Station, Almond, Andover

Tamara Burdick, EMS Assistant Chief for the A.E. Crandall Hook and Ladder

APPOINTMENTS:

Chairman Crandall reappointed Karl D. Kruger of Friendship, NY to the CHAUTAUQUA, CATTARAUGUS, ALLEGANY AND STEUBEN SOUTHERN TIER EXTENSION RAILROAD AUTHORITY for a three-year term commencing August 28, 2008 and expiring August 27, 2011, subject to confirmation by the Board of Legislators.

Chairman Crandall appointed Gretchen T. Gary of Belfast, NY to fill the unexpired term of Joseph Orosz as the County Representative member to the RESOURCE CONSERVATION AND DEVELOPMENT BOARD, effective immediately, to serve at his pleasure.

Chairman Crandall appointed the following as members of the COMPREHENSIVE PLAN IMPLEMENTATION GROUP, effective immediately, to serve at his pleasure:

Charles Jessup, Alfred Station

Frederick Sinclair, Scio

Edward Eicher, Wellsville

Lee Gridley, Wellsville

Theodore L. Hopkins, Fillmore

Ronald Stuck, Friendship

PROCLAMATION:

Chairman Crandall proclaimed August 2008 as Child Support Month in Allegany County in recognition of the child support professionals who are committed and passionate about ensuring that children receive all the support to which they are entitled, as this can have an immeasurable impact on all aspects of a child’s being, with permanent and lifelong effects.

RESOLUTIONS:

RESOLUTION NO. 137-08

RESOLUTION APPROVING THE

ALLEGANY COUNTY COURT FACILITIES CAPITAL PLAN

Offered by: Court Facilities and County Space Needs Committee

RESOLVED:

1. That the Allegany County Court Facilities Capital Plan is approved.

Moved by: Mr. Pullen Adopted: Roll Call

Seconded by: Mr. Hall 9 Ayes, 6 Noes, 0 Absent

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

(Memo: The Allegany County Court Facilities Capital Plan approved by Resolution No. 137-08 complies with the requirements set forth in the 1987 New York State Court Facilities Capital Plan Act. The Allegany County Plan calls for the construction of an addition to the back of the existing Courthouse and renovations on the first and second floor of the Courthouse. Fiscal impact for Court-related construction and renovation is approximately $13.787 million. The entire project proposed by the Court Facilities and County Space Needs Committee also includes the complete renovation of the former County Jail on the third floor of the County Office Building, as well as other Office Building renovations, for an estimated additional $4.897 million.)

Comments made regarding Resolution No. 137-08:

Legislator Kruger recognized the substantial efforts of the Court Facilities and County Space Needs Committee on their work on the Court Facilities Capital Plan; however, he would not support the resolution. He read the following prepared statement:

“This vote today is very premature. There are still too many questions left, not only unanswered, but not even seriously discussed. Some of these unanswered questions will increase the cost of this Court project dramatically, and I mean by many millions of dollars. To support this resolution now is an implied confirmation to the State and OCA that you will vote to fund this state project with local tax dollars at a later date. I have provided a copy of the tax rates for the towns in this County. I hope you all took time to review them and consider the burden that will be added to not only our elderly and working poor, but to our business-owners as well. I hope you have not forgotten the letters we received from some of our largest employers requesting that we not add the burden of a new Courthouse to their cost of doing business in Allegany County.

There are also political reasons for not supporting this resolution. Ten of our predecessors are not here today because they did not remember which master they serve. They folded in to the State’s whims and built a new jail that was neither mandated, nor needed. Let the State mandate this project, then impose sanctions on us. This will put the political fire right where it belongs – on the feet of those state representatives that either impose this nonsense or sit idly by and allow it to happen.

Last Monday evening, I was watching C-Span. A man named Walter Williams, a syndicated columnist from Valley Forge, Pennsylvania, was giving a lecture to some college students about democracy. Some of his comments hit home with me. He claimed our founding fathers intended for us to have a republic. When we pledge allegiance to the flag we say, “and to the republic for which it stands.” He said our founding fathers were scared to death of democracy because majority rules no matter what. They knew that people could be pressured into voting for anything. He gave an example of why majority rule is not always best: a group of guys holds a vote to do a gang-rape, and it turns out the majority vote yes. It is still very wrong to do.

In my mind this vote calls for the answer to two questions from each one of us today: (1) Do you want to be on the affirmative side of a vote that symbolically commits gang-rape on the elderly, working poor, and business-owner taxpayers of Allegany County? (2) Which master do you serve – the ones that elected you to your seat, or the ones in Albany?”

Legislator Ungermann made note of all the time and work that went into the Capital Plan, and also that he spent a lot of time investigating the issue. He read the following prepared statement:

“First I would like to express my concerns about the accuracy of Ciminelli’s estimates and not having everything included. Ciminelli was the construction manager for the new jail. They came back to Allegany County and received over $150,000 extra money because they underestimated their time on the project. At one of the very first meetings I attended as a County Legislator on the Public Works Committee, they were back again asking for $60,000 more, which they did not get. There was also a question about insulation being left out. A good construction manager would have caught that before construction began and probably have thrown that bid out because it was not included. We very well could have not had the low bid for that portion of the project.

I also express my concerns that everything be included up front as much as possible. After all, we built a $24 million jail with no water running to it. It was only when the jail was ready that we hurriedly contracted for that to be done.

When Mr. Pullen didn’t like the idea of the Court floors not lining up in the proposed addition, he asked that the ground floor be lowered 18 inches, creating a problem with the Sally port entrance and the walk through entrance being below grade. That results in most of the rear parking lot having to be removed and replaced. Only 1,400 square yards of blacktop repair is called for in the estimate. I think you’re about $100,000 short to correct this problem.

I also noticed that only $160 is allowed for a judge’s chair . . . the chairs we’re sitting in right now probably cost that much 32 years ago! If you’re satisfied with Ciminelli’s estimates, apply these figures to the old jail space for Court facilities and you come up with a $1.7 million project; add a couple hundred thousand for a roof over the exercise area and the total cost would be $2 million, with no parking loss.

On April 7, 2008, Ed Rodman said he could use the old jail space if told to do so when questioned by Judge Nenno. Who does this Legislature represent . . . the State of New York or the Allegany County taxpayers? New York State, according to NYSAC, is 79 percent above the national average for property taxes. Governor Paterson has called the State Legislature back into session to deal with a $1 billion deficit since April. Allegany County is at 91 percent of its constitutional taxing limit, and we want to spend $20 million or more on a Courthouse, with no money in reserves?

Dozens of our citizens came to the public hearing regarding a ban on open burning last Thursday night and said that they are regulated and taxed to death. They told the DEC that they were driving us out of the state, and again, we want to spend $20 million on a Courthouse?

The average per capita income for Allegany County is less than $15,000, with a family of four at $32,000, and chances are, with no health insurance. Judge Pfau and Judge Townsend, as well as Andrew Isenberg, Bill Clark, Ron Younkins, and Ed Rodman’s average salary with benefits is $183,000 per year. Is it any wonder why Mr. Isenberg doesn’t care what this project costs? Ten or fifteen thousand in property taxes is nothing to him. These people are asking us to ante up so they can bask in the glory of their jobs. Are we nothing more than lowly serfs to them?

The people I represent are the Vietnam vet in a wheel chair and one of my high school classmates who lost his home because he couldn’t pay his taxes. I represent the dozens of hardworking people that came here last Thursday night to air their views.

Many of us won’t be around for 25 more years to see this or the new jail paid for. I’ll be 90 by that time. This is going to be your legacy. Do you want to further drive property values down and people from their homes and the state? How about your kids and grandkids – do you want them to leave, too?

We’ve been awarded $1.7 million to update our emergency communication system with the local share being $441,000. What is more important – something that will benefit everyone, or a Court system that will benefit only 15 to 20 percent of the population?”

Legislator Reynolds commented that none of the legislators want to have to spend that money. He also noted that one of Mr. Kruger’s comments about the number of legislators left is not true because five of the previous legislators didn’t even run again.

Legislator McCormick spoke with people in Andover and Wellsville, and he did not receive a positive feedback. If the legislature didn’t pass this resolution, it would put the burden back on the OCA, our state representatives, and Governor Paterson. Mr. McCormick asked for a “no” vote on behalf of the taxpayers.

Legislator Pullen stated that he had no doubts that the County will face sanctions from the state if the Capital Plan resolution is voted down. Other municipalities have been sanctioned in the past, so the state has proven they are willing and able to do it. The only thing accomplished by delaying this long was increased costs. This Board will be able to reduce other costs as much as possible and maintain a tax level that we can handle. If we face sanctions in the form of withheld state aid, the impact will be double-digit tax increases much greater than we’ve had in the past. Mediation prior to the sanction will be simply discussion between involved parties, not arbitration. Every time in the past when sanctions have been imposed, mediation did not result in waivers; they did not have authority to do that. Allegany County has already received written notification that we are on the verge of being sanctioned. Mr. Pullen was told the only thing the official sanction letter is lacking is a date.

Legislator Burdick noted his reason for non-support is that although he understands we have to address the Court facilities, he disagrees on spending $5 million for County Office Building renovations on top of the Court-related expenses.

Legislator O’Grady commented that he would support this resolution, because he will feel more comfortable to vote down funding later if there is a plan in place when the state’s sanction is imposed.

Legislator Reynolds stated that supporting the resolution was the responsible thing to do. Trying to rebuke the OCA might make those in non-support sound like heroes, but these actions will be detrimental to the taxpayers. Legislator Kruger responded that he hasn’t forgotten the people who put him here to do a job, and if this resolution came before the taxpayers, it wouldn’t pass. He’s going to represent their wishes, in spite of sanctions. Legislator McCormick also commented that he was representing the taxpayers, and he has problems with the project. The financial hurdle is huge.

RESOLUTION NO. 138-08

AMENDMENT OF RESOLUTION NO. 192-89

TO INCREASE AMOUNT OF COUNTY OFFICE FOR THE AGING'S

PETTY CASH FUND FROM $75 TO $200

Offered by: Human Services and Ways and Means Committee

RESOLVED:

1. That Section 1. of Resolution No. 192-89 is amended to read as follows:

1. There is hereby established a revolving petty cash fund for the County Office for the Aging at its office in Belmont, New York, in the amount of $200, to be used for those purposes authorized by Section 371 of the County Law.

Moved by: Mr. Truax Adopted: Roll Call

Seconded by: Mr. Fanton 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 139-08

ACCEPTING AND APPROPRIATING ADDITIONAL FEDERAL AND STATE FUNDING

TO OFFICE FOR THE AGING ACCOUNTS

Offered by: Human Services and Ways and Means Committees

RESOLVED:

1. That the sum of $62,456 of additional federal and state funding to Office for the Aging Appropriation and Revenue Accounts is accepted.

2. That the accepted sum of $62,456 is appropriated as follows:

Appropriation Accounts Amount A6773.4 $ 716

A6776.4 4,527

A6777.4 4,500

A6778.4 2,133

A6779.4 43,676

A6781.4 649

A6786.4 6,255

Total $62,456

Revenue Accounts Amount

A09.2801.40 $ 4,500

A10.3772.00 2,133

A10.3772.01 43,676

A10.3772.03 4,527

A11.4772.01 716

A11.4772.05 649

A11.4772.10 6,255

Total $62,456

Moved by: Mr. Hopkins Adopted: Roll Call

Seconded by: Mr. Truax 15 Ayes, 0 Noes, 0 Absent

RESOLUTION INTRO. NO. 143-08 (ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE UNDER THE FY07 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROGRAM CONTINGENT ON IDENTIFYING A SOURCE OF LOCAL COUNTY SHARE) was TABLED following a motion made by Legislator Dibble, seconded by Legislator Fanton and carried.

RESOLUTION NO. 140-08

ACCEPTANCE OF UNITED WAY PAYROLL DEDUCTIONS FROM

STEVE BROWN, TIM DUNHAM, AND RANDY HARMS;

APPROPRIATION OF FUNDS TO EMERGENCY SERVICES

CONTRACTUAL EXPENSES ACCOUNT

Offered by: Public Safety and Ways and Means Committees

RESOLVED:

1. That the sum of $208 of United Way payroll deductions from Steve Brown, Tim Dunham, and Randy Harms is accepted.

2. That the accepted sum of $208 is appropriated to Account No. A3640.422 (Emergency Services - Gas & Oil), with a like sum credited to Revenue Account No. A02.1589.02

Moved by: Mr. Dibble Adopted: Roll Call

Seconded by: Mr. Reynolds 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 141-08

APPROVING AGREEMENTS BETWEEN COUNTY OF ALLEGANY, ACTING BY AND THROUGH ITS OFFICE FOR THE AGING, AND PRESTIGE SERVICES, INC.

FOR HOME-DELIVERED MEAL PROGRAM FOR CALENDAR YEARS 2009 AND 2010; AUTHORIZING EXECUTION OF AGREEMENTS

Offered by: Human Services and Ways and Means Committees

RESOLVED:

1. That Agreements for the preparation of home-delivered meals for calendar years 2009 and 2010, dated August 1, 2008, between the County of Allegany, acting by and through its Office for the Aging, and Prestige Services, Inc., are approved.

2. That the Director of the Office for the Aging is authorized to execute the Agreements.

Moved by: Mr. Truax Adopted: Roll Call

Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent

(Memo: The agreements approved by Resolution No. 141-08 include provision of meals for 2009 at $3.58 per meal, and for 2010 at $3.72 per meal. The fiscal impact for 2009 is an increase of $24,070.)

Resolution Intro. No. 146-08 (Approval of License Agreement with the New York State Office for Technology’s Contractor, M/A-Com, Inc., a Florida Corporation, for Construction of a New Self-Supporting Radio Tower) was not pre-filed and was considered from the floor on a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried.

RESOLUTION NO. 142-08

APPROVAL OF LICENSE AGREEMENT WITH THE

NEW YORK STATE OFFICE FOR TECHNOLOGY'S CONTRACTOR,

M/A-COM, INC., A FLORIDA CORPORATION,

FOR CONSTRUCTION OF A NEW SELF-SUPPORTING RADIO TOWER

Offered by: Public Safety Committee

WHEREAS, the Corbin Hill Tower Site is owned by the County of Allegany, and

WHEREAS, the New York State Office for Technology's Contractor, M/A-COM, Inc. is requesting a license agreement for access and use of the County-owned Corbin Hill Tower Site, and

WHEREAS, this license agreement will allow construction of a new 300 foot self- supporting radio tower at no cost to the County, and will be part of the new State-wide Wireless Network communications system, now, therefore, be it

RESOLVED:

1. That the license agreement with the New York State Office for Technology's Contractor, M/A-COM, Inc. for the construction of a new 300 foot self-supporting radio tower, is approved.

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

Moved by: Mr. Dibble Adopted: Roll Call

Seconded by: Mr. Pullen 15 Ayes, 0 Noes, 0 Absent

Comments made regarding Resolution No. 142-08 included:

Office of Emergency Services Director John Tucker explained that the Statewide Wireless Network (SWN) involves installation of public safety radio communications towers at the state’s expense, with no local cost. Chautauqua County has had theirs installed, and they are currently being tested. The installation in Allegany County will be constructed on the Corbin Hill site, and the County would have access to the new tower for our equipment. Allegany County will be a gateway link, using our own equipment, but communication would be greatly enhanced. Legislator O’Grady questioned that if they build the tower and we put our equipment on it, are we obligated to switch over to the 800 megahertz system? Mr. Tucker responded that we signed on as a gateway to access the state system with our equipment. We will be incorporating our equipment. Chautauqua County originally was going to switch, but decided not to. They had three towers built. In Allegany County, the SWN is looking at the Corbin Hill site and another site in the Town of Grove. Legislator Ungermann questioned if any equipment would be placed on private towers. Mr. Tucker noted that the SWN was first looking at towers owned by the state, then at current towers, and third, to build new towers. This agreement only allows access to the site.

AUDITS:

A motion was made by Legislator Truax, seconded by Legislator Pullen and carried, that the audits be acted upon collectively and by totals.

A motion was made by Legislator Truax, seconded by Legislator Pullen and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $4,125,084.41, 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 $5,488,735.)

ADJOURNMENT: The meeting was adjourned at 3:00 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Hall and carried.