ALLEGANY
REGULAR SESSION
AUGUST 10, 2009
** APPROVED
CALL
TO ORDER: The regular meeting of the Board of
Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE
OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Donald J.
Cinque, former United States Army Reserve Sergeant 1st Class.
INVOCATION: The
Invocation was given by Legislator Pullen.
ROLL
CALL: 15 Present; 0 Absent.
APPROVAL OF
MINUTES:
The Board meeting minutes of July 13,
2009 were approved on a motion made by Legislator Dibble, seconded by
Legislator Truax and carried.
The Board meeting minutes of July
22, 2009 were approved on a motion made by Legislator Dibble, seconded by
Legislator Truax and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a certificate
to Donald J. Cinque, former United States Army Reserve Sergeant 1st
Class, in grateful appreciation of his service to our Country. Mr. Cinque served from September 1965 to November
2002 in the United States Navy and United States Army Reserve. Following Basic Training in
Chairman Crandall
presented a certificate to the August 2009 Employee of the Month, Susan Hunter from
the Health Department, in recognition of her hard work and dedication to the
County.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Report of Intrafund Transfers approved
by the
2. Report of Tax Bill Corrections approved
by the
3. The Allegany County Mutual
Self-Insurance Plan’s 2010 Budget, together with the apportionment of costs of
the Budget to the County, Towns, and Villages of Allegany County.
The
following communications were also acknowledged:
1. Notice of next
2. Correspondence from Assemblyman Daniel
Burling acknowledging receipt and support of Allegany County Resolution No.
118-09 opposing the New York State Senate Bill S.2247, The Farmworker Fair
Labor Practices Act.
3. Correspondence from Robert van der
Horst of
4. Correspondence from Mark Kukuvka from
LaBella Associates responding to Mr. van der Horst’s letter.
5. Southern Tier West Regional Planning
and
6. Notice of the Allegany County Youth
Court Kickball Tournament to be held on August 15 at the
7. It was announced that there will be a Committee
of the Whole meeting after the Board meeting on August 24.
PROCLAMATION:
Chairman Crandall
proclaimed the week of August 2 through 8, 2009, as Breastfeeding Week in
RESOLUTIONS:
RESOLUTION
NO. 128-09
REPEAL OF RESOLUTION
NO. 85-2009;
ACCEPTANCE AND
APPROPRIATION OF FUNDS UNDER
THE 2009 AMERICAN
RECOVERY AND REINVESTMENT ACT (ARRA)
Offered by: Public Works and Ways and Means Committees
WHEREAS, Resolution No. 85-2009
incorrectly noted the source of funding for a County highway project, and
WHEREAS, the funds identified in that
resolution were not part of a Marchiselli-Aid Project, but instead were for a
Project under the 2009 American Recovery and Reinvestment Act (ARRA) Program
for the resurfacing of 7.25 miles of Allegany County Road 12 from the
RESOLVED:
1. That Resolution No. 85-2009 is hereby
repealed.
2. That funding in the amount of $800,000
through the ARRA is hereby accepted with the sum of $800,000 appropriated to
Account No. D5112.230 (County Road Fund-Paving) with a like sum placed in
Revenue Account No. D11.4589.STIM.
3. That the resurfacing project as
described above is approved.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Reynolds 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 129-09
RECLASSIFICATION OF ACCOUNT
CLERK TYPIST TO
SENIOR ACCOUNT CLERK TYPIST IN
THE
Offered by:
Personnel Committee
RESOLVED:
1. That one position of Account Clerk Typist is reclassified to Senior
Account Clerk Typist.
2. This resolution shall take effect on
August 11, 2009.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Truax 15
Ayes, 0 Noes, 0 Absent
(Memo:
The reclassification approved by Resolution No. 129-09 was needed
because the cashier duties from an abolished position were distributed between
the Senior Recording Clerks and the pending Senior Account Clerk Typist. The Account Clerk Typist position needed to
be upgraded to reflect the additional duties and responsibilities.)
RESOLUTION
NO. 130-09
A RESOLUTION DETERMINING
THAT ERRORS EXIST ON
THE 2007, 2008 AND 2009
COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED WITH REGARD TO REAL PROPERTY OF
VARIOUS TAXPAYERS THEREIN;
DIRECTING MAILING OF
NOTICES OF APPROVAL OF APPLICATIONS
FOR CORRECTED TAX ROLLS AND
ORDERING THE VARIOUS TOWN
TAX COLLECTORS TO CORRECT THE TAX ROLLS; PROVIDING FOR CHARGE BACKS OR CREDITS
Offered by:
Ways and Means Committee
Pursuant to Real Property Tax Law § 554
WHEREAS, applications for the taxpayers hereafter described have
been made to the County's Director of Real Property Tax Service Agency for the
correction of certain errors affecting their real property on various tax
rolls, and
WHEREAS, the Director has transmitted to this Board the
applications, in duplicate, together with a written report of his investigation
of the claimed errors and his written recommendation for action thereon by this
Board as to each application, and
WHEREAS, this Board has examined each application and report to
determine whether the claimed error exists, now, therefore, be it
RESOLVED:
1. That with regard to the applications
for the named taxpayers pertaining to claimed errors regarding their real
property on the respective tax rolls of the named Towns, this Board of
Legislators does determine that the claimed errors as alleged in those
applications exist and does approve those applications.
2. That the Chairman of this Board is
authorized and directed to make a notation on those applications and the
duplicates thereof that they are approved, to enter thereon the respective
correct extension of taxes as set forth by the Director in his report, to enter
thereon the respective date of mailing of a notice of approval, to enter
thereon the date of mailing of a certified copy of this resolution to the
proper Tax Collector, and to sign thereon as Chairman.
3. That the Clerk of this Board is
directed to mail to the below listed taxpayers a notice of approval stating, in
substance, that their application made has been approved, to inform the
Chairman of this Board of the date of the mailing thereof, and to inform such
respective taxpayers of the applicable provisions of subdivision seven of
Section 554 of the Real Property Tax Law.
4. That the Tax Collector of the Town of
Belfast is ordered and directed to correct in the 2007, 2008 and 2009 County
and Town Tax Roll the assessment or taxes, or both, of the property assessed to
the following taxpayer and described as follows:
a. Histed, John & Beryl; Parcel 105.-1-40.1
Assessment: Land $3,900 Total $3,900 (Years 2007 and
2008)
Assessment: Land $6,300 Total $6,300 (Year 2009)
this parcel was deleted from the roll, and the
2007 2008 2009
Town
of
School
Relevy 86.58 94.10 127.78
Total $200.26 $223.86 $313.97
5. That the Tax Collector of the Town of
Scio is ordered and directed to correct in the 2007, 2008 and 2009 County and
Town Tax Roll the assessment or taxes, or both, of the property assessed to the
following taxpayer and described as follows:
a. Forestlands, Inc.; Parcel 237.-1-40
Assessment: Land $7,190 Total $7,190
this parcel was deleted from the roll, and the
2007 2008 2009
Town
of
School
Relevy 267.24 252.77 258.05
Total $484.28 $483.80 $497.39
6. That the Clerk of this Board is
directed to forthwith mail a certified copy of this resolution to the various
Tax Collectors for the Towns stated above together with the original copies of
those applications completed in accordance with section two of this resolution.
7. The Clerk of this Board shall mail a
copy of this resolution to the above named School and the amount to be charged
to each School shall not be charged until 10 days after such mailing. Such amount shall be deducted by the County
Treasurer from the money payable to each School as a result of school taxes
returned after the date such amount is charged and which shall be paid to each
School after May 1, 2010. The
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 131-09
ACCEPTANCE OF SECOND COMPONENT GRANT FUNDS
FROM
THE
A CENTRALIZED PROPERTY TAX ADMINISTRATION
PROGRAM (CPTAP)
STUDY OF A COUNTY-WIDE ASSESSING PROGRAM;
APPROPRIATION OF FUNDS
Offered by:
Ways and Means Committee
RESOLVED:
1. That the accepted sum of $25,000 is
appropriated to Account No. A1355.432 (Assessments – Contractual) with a like
sum credited to Revenue Account No. A10.3089.1355 (Tax Assessment Grant).
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
(Memo: The grant accepted by Resolution No. 131-09
is the second component of the Tax Assessment study that was completed in March
2009. The first portion was originally
accepted by Resolution No. 62-08 and reappropriated for 2009 by Resolution No.
31-09. The total amount of the grant for
the study was $50,000.)
RESOLUTION
NO. 132-09
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That HIICAP and SPOE grant funds in the
amount of $16,200 not spent in calendar year 2008 are reappropriated as
follows: $7,500 to Account No. A6782.1,
$700 to Account No. A6782.8, $4,500 to Account No. A6787.1, and $3,500 to
Account No. A6787.8, with a like sum credited to the following Revenue
Accounts: $8,200 to Revenue Account No. A11 4772.06, and $8,000 to Revenue
Account No. A10 3772.6787.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 133-09
Offered by:
Ways and Means Committee
WHEREAS, a check in the amount of $323.95 representing the full
cost to replace a passenger side window on a County vehicle has been offered by
NYMIR in settlement for such property damage, now, therefore, be it
RESOLVED:
1. That the amount of $323.95 from NYMIR
representing the cost of replacing a passenger side window on a County vehicle
that was broken while sitting in the Allegany County Jail parking lot on or
around June 10, 2009 is accepted.
2. That the accepted sum of $323.95 is
appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property
Loss) with a like sum credited to Revenue Account No. CS07.2680.00 (Risk
Retention – Insurance Recovery).
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hall 15
Ayes, 0 Noes, 0 Absent
(Memo: The County vehicle that was referred to in
Resolution No. 133-09 was a Health Department 2005 Ford Focus.)
RESOLUTION
NO. 134-09
INCREASING APPROPRIATIONS AND
REVENUES IN OFFICE FOR AGING ACCOUNTS
Offered by:
Human Services and Ways and Means Committees
WHEREAS, the Office for the Aging has
advised that due to increased funding for Federal and State Programs, certain
appropriations and revenues should be increased, now, therefore, be it
RESOLVED:
1. That the Office for the Aging Accounts are
increased a total of $13,968 as follows:
$3,077 to Account No. A6772.4, $3,718 to Account No. A6779.4, $6,160 to
Account No. A6784.1, and $1,013 to Account No. A6784.8, with a like sum
credited to the following Revenue Accounts:
$3,077 to Revenue Account No. A11 4772.00, $3,718 to Revenue Account No.
A10 3772.01, and $7,173 to Revenue Account No. A11 4772.08.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 135-09
ACCEPTING AND APPROPRIATION OF
ADDITIONAL FEDERAL WIA FUNDING THROUGH THE AMERICAN RECOVERY AND REINVESTMENT
ACT
Offered by:
Ways and Means Committee
RESOLVED:
1. That
the sum of $182,700 of additional federal WIA funding through the American
Recovery and Reinvestment Act is accepted.
2. That the accepted sum of $182,700 is
appropriated as follows: $14,000 to
Account No. CD16401.4, $14,000 to Account No. CD16402.1, $48,000 to Account No.
CD16402.4, $6,800 to Account No. CD16402.8, $10,000 to Account No. CD16406.1,
$68,000 to Account No. CD16406.4, $4,900 to Account No. CD16406.8, and $17,000
to Account No. CD1A6407.4, with a like sum credited to Revenue Account No. CD1
11.4789.STIM.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 136-09
ACCEPTING AND APPROPRIATING
FUNDS
FROM THE AMERICAN RECOVERY AND
REINVESTMENT ACT
TO OFFICE FOR THE AGING
ACCOUNTS
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That
the sum of $15,112 in federal funding to Office for the Aging Nutrition Program
for the Elderly-Congregate and Home Delivered Meals is accepted.
2. That the accepted sum of $15,112 is
appropriated as follows: $15,112 to
Account No. A6772.4, with a like sum credited to Revenue Account No. A11
4789.OFAS.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 137-09
TRANSFER OF FUNDS FROM
SHARED SERVICES ACCOUNT
TO CLERK OF THE
LEGISLATIVE BOARD ACCOUNT AND
WITHIN LEGISLATIVE
BOARD ACCOUNT
Offered by: Ways and Means Committee
RESOLVED:
1. That
the sum of $692 is transferred from Account No. A1670.415 (Central Service
Printing) to Account No. A1040.101 (Clerk of the Legislative Board –
Personnel).
2. That the sum of $482 is transferred
from Account A1010.405 (Legislative Board - Conference Expense) to Account No.
A1010.101 (Legislative Board – Personnel).
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hall 15
Ayes, 0 Noes, 0 Absent
(Memo: The transfers approved by Resolution No.
137-09 were necessary to cover expenses through year-end, including the extra
actual work day in 2009 that isn’t accounted for on the payroll system - 261
work days as opposed to 260.)
RESOLUTION
NO. 138-09
TRANSFER OF FUNDS
BETWEEN CAPITAL PROJECT ACCOUNTS
Offered by: Public Works and Ways and Means Committee
RESOLVED:
1. That the sum of $31,655 is transferred
from Account No. H5801.200 (BR #19-01, CR24, Grove) to Account No. H5800.200
(BR #04-20, CR32, Almond).
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Reynolds 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 139-09
ACCEPTANCE OF FIRST TRANSIT PROPOSAL AND
APPROVAL OF A THREE-YEAR AGREEMENT WITH
FIRST TRANSIT IN RELATION TO PROVIDING PUBLIC TRANSPORTATION SERVICES IN
Offered by:
Human Services and Ways and Means Committees
Pursuant to
WHEREAS, companies were solicited to submit proposals for providing
public transportation services in
WHEREAS, First Transit, our current public transportation provider,
submitted the only proposal for such transportation services, and
WHEREAS, First Transit
submitted the following proposals:
$773,512 minus fare box for August 1, 2009 to July 31, 2010, $796,818 minus
fare box for August 1, 2010 to July 31, 2011, and $819,796 minus fare box for
period August 1, 2011 to July 31, 2012, now, therefore, be it
RESOLVED:
1. That
the proposal of First Transit to provide public transportation services in
2. That
a three-year Agreement between the
3. That the Chairman of this Board is
authorized to execute said Agreement upon the review and approval of the
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Reynolds 14
Ayes, 1 No, 0 Absent
Voting
No: Kruger
(Memo: The agreement approved in Resolution No.
139-09 includes terms as specified within the resolution, as well as a
termination clause for either party based on a 90-day written notice. Due to recent efforts to maximize state aid
for rural transit programs, the local fiscal impact is expected to be minimal
and is forecasted at $0 to $50,000.)
Comments made regarding Resolution No. 139-09
included the following:
Legislator
Kruger stated that he did not support the resolution because there was no
maximum fiscal impact indicated within the resolution itself; therefore, there
would be no limit to what the taxpayers would have to bear to fund the transit
system. A few years ago, we discovered
the system that wasn’t supposed to require any local funding was costing us close
to $400,000 annually. Mr. Kruger noted
that he felt the transit system was a good thing, but he did not like the way the
package was put together. He recognized
the effort put forth to improve the system, but his “no” vote is based on the
fact that there is no protection for the taxpayers to limit the cost.
Legislator
Dibble commended the efforts of the Transportation Task Force, and he noted
that the system is being changed to the point where it possibly will cost
nothing in the coming years. The routes
are being changed, and signage and advertising are being developed to increase
ridership.
Legislator
Hall commented that since the Board learned of the high local cost to subsidize
the transit system, efforts made by the Task Force have resulted in some
significant changes which greatly decreased the County share. Some of those changes involved increasing
ridership and hiring a manager, and by supporting the agreement, we can
continue to make changes. First Transit
has actively participated in the Transportation Task Force since the beginning,
contributing to the changes, and has been very supportive. We need to develop a strong transportation
system to provide better service at less cost.
Legislator
O’Grady agreed with Legislators Hall and Kruger, but also questioned if there
was a way to set a maximum amount that the County would have to pay to
subsidize the transit system. Last year
the local cost had been reduced to $85,000.
Mr. O’Grady noted that although we may be moving forward toward eliminating
the County’s subsidy, he’d like some insurance that it doesn’t slide back the other
way.
Legislator
Fanton commented that real progress has been made to reduce the County’s cost,
and the agreement has a 90-day termination clause. If costs go in the other direction, Mr. Margeson
will bring it to the Board’s attention right away.
First
Transit District Manager Jim Gorman commented that when the steering committee
was formed three years ago, their mandate was to reduce costs by at least ten
percent. They have reduced it almost
completely when considering the additional grants and stimulus money brought
into the County that have more than offset costs. They have also been able to coordinate with
other agencies to provide more service than before when the County cost was
higher. The goal is to leverage federal
and state money into the County that is available because they are willing to
coordinate with other service providers.
This concept of agencies sharing revenue and resources had not been done
previously, and
Rural
Health Network Executive Director Carrie Whitwood remarked that we’ve come a
long way in the past three years, and we’re picking up speed. There’s also a ripple effect with the
savings. Arc transportation has now gone
public, which is generating STOA dollars.
This enables some Medicaid riders to be placed on public transportation
to reduce Medicaid costs for the County.
We will see savings and cost sharing in many aspects of the system.
Chairman
Crandall noted that at first, the County was just a pass-through for the
transit system funding. Then the local
share became an issue. We’re working
toward the system not costing anything to County taxpayers. There is a 90-day termination clause in the
contract. From the taxpayers’ standpoint,
monitoring of the program’s local share cost is one of the most important parts.
AUDITS:
A motion was made by
Legislator Truax, seconded by Legislator Dibble and carried, that the audits be
acted upon collectively and by totals.
A motion was made by
Legislator Truax, seconded by Legislator Pullen and adopted on a roll call vote
of 14 Ayes, 1 No, 0 Absent, that the audit of claims, totaling $5,086,923.50 including
prepaid expenses, be approved for payment as recommended by the County Administrator
(opposed: Ungermann). (
COMMENTS:
Legislator Ungermann
questioned the process for supporting other counties’ resolutions that we
receive on relevant issues, such as a recent one from
Legislator Pullen
commented that during the Ways and Means Committee meeting, Commissioner of
Social Services Patricia Schmelzer reported that the state will be sending out $200
checks to the households of every child receiving food stamps and public assistance,
although nothing will be sent to those working and paying taxes and carrying
the load. Mr. Pullen noted that he is
not against help being given to those on Public Assistance; however, at a time
when the state is running huge deficits, they are again giving money away with
nothing being done to relieve taxpayers in paying for Medicaid. He is not against supporting Medicaid reform
legislation, but nothing we do seems to stop them or change the way they are
doing things.
Legislator Dibble noted
that he was honored to be in
ADJOURNMENT: The meeting was adjourned at 2:45 p.m. on a motion made by Legislator
Truax, seconded by Legislator Reynolds and carried.