ALLEGANY
REGULAR SESSION
DECEMBER 14, 2009
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 former
United States Army Staff Sergeant Steve Burns.
INVOCATION: The
Invocation was given by Legislator Pullen.
ROLL
CALL: 14 Present; 1 Absent (Legislator Hall).
Chairman Curtis W. Crandall
recognized the students from the Cattaraugus-Allegany BOCES Culinary Arts
class, along with their instructor, for preparing holiday cookies and Old English
Wassail. The celebration was organized
by the STOP DWI Program in recognition of National Drunk & Drugged Driving
Awareness Month.
APPROVAL OF
MINUTES:
The Board meeting minutes of November
23, 2009 were approved on a motion made by Legislator Truax, seconded by
Legislator Dibble and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a certificate
to Steve Burns, former United States Army Staff Sergeant, in grateful
appreciation of his service to our Country.
Mr. Burns’ service dates were from December 1971 to July 1995. Following Basic Training at
Chairman Crandall granted privilege
of the floor to Pamela Witter, Houghton College Director of Development, to
speak about a new program called Leadership Allegany, which is a comprehensive
leadership training program set to launch in the spring. The program is designed to create a dynamic learning
environment for local leaders and up-and-coming professionals, with class size
limited to ten to fifteen participants annually. Monthly sessions will highlight and give an
in-depth view of various County industries in the areas of healthcare, the judicial
system, government, agriculture, economic development, manufacturing, media,
and human services. Participants will
gain valuable skills and a realistic understanding of what it takes to do
business, and the businesses and organizations in the County will have the
opportunity to alert key professionals about their industry. The program is fully funded right now, with
sponsors including Houghton College, ACCORD Corporation, Greater Allegany
County Chamber of Commerce, the Allegany County Area Foundation, and the
Privilege of the floor was also
granted to STOP DWI Coordinator Linda Edwards, who spoke about the annual
recognition of National Drunk and Drugged Driving Prevention Month during
December. Ms. Edwards gave some
statistics on deaths and injuries related to drunk driving, and encouraged
action on the part of individuals and communities to help prevent it.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Report
of Intrafund Transfers approved by the
The
following communications were also acknowledged:
1. Southern Tier West Regional Planning and Development Board meeting minutes from November 19, along with a meeting notice for December 17, 2009.
RESOLUTIONS:
RESOLUTION
NO. 224-09
RESOLUTION AMENDING
BOARD RULES TO CLARIFY HOW VARIOUS
MOTIONS ARE HANDLED;
AMENDING BOARD RULES TO CREATE A NEW
PLANNING AND ECONOMIC
DEVELOPMENT STANDING COMMITTEE; AND AMENDING BOARD RULES TO ELIMINATE AND
RENUMBER
CERTAIN RULES DUE TO
DUTIES BEING ASSUMED BY NEW
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
Offered by: Ways and Means Committee
RESOLVED:
1. That
County Board Rule 150 is amended with the addition of a subparagraph “H” as
shown by the material underlined as follows:
H. Treatment of various motions.
1.
A motion to adopt a pre-filed resolution will require a second, an
opportunity for discussion and/or debate and eight (8) affirmative votes to
adopt. Certain pre-filed resolutions
will require ten (10) affirmative votes to adopt.
2.
A motion to consider a resolution that has not been pre-filed will
require a second and ten (10) affirmative votes to pass. The Presiding Officer may allow the motion to
be acted upon by voice vote. However,
any member may raise a point of order and request the Presiding Officer to take
the vote by roll call.
3.
A motion to place a resolution on the table can be made only after the
resolution has been moved and seconded for consideration. Such a motion requires a second, is not
debatable and requires eight (8) affirmative votes to pass.
4.
A motion to remove a resolution from the table requires a second, is not
debatable and requires eight (8) affirmative votes to pass.
5.
A motion to withdraw a
resolution, if not made by the sponsor or majority of the sponsors of the
resolution or a majority of the members of the committee or committees that
sponsored the resolution as provided by County Board Rule 170.C.4., can be made
only after the resolution has been moved and seconded for consideration. Such a motion is subject to discussion and/or
debate and requires eight (8) affirmative votes to pass. Such a motion may contain a subsidiary motion
such as committing or referring the resolution back to the sponsoring committee
for potential amendment and/or re-introduction.
6.
A motion to refer a resolution to a Standing Committee is made after the
motion to consider the resolution has been moved and seconded. A motion to refer a resolution to a Standing
Committee requires a second, is open for discussion and/or debate and requires
eight (8) affirmative votes to pass.
2. That County Board Rule 190.A. is
amended with the addition of a new subparagraph “7” as shown by the material
underlined as follows:
7. Planning and Economic
Development. (See Rule 220.G.)
3. That County Board Rule 220 is amended
with the addition of a new subparagraph “G” as shown by the material underlined
as follows:
G. PLANNING AND ECONOMIC DEVELOPMENT
1. General Jurisdiction:
a. Development
of business, industry and recreation.
b. Comprehensive
planning.
c. Tourism.
d. Agricultural
districting.
e. The
preservation of natural resources and the management of County owned lands.
f. County
historical matters and preservation of records.
g. Workforce
development and training.
2. Specific Jurisdiction:
a. Supervision
of the Office of Development and the Advisory Board to the Office of
Development.
b. General
supervision of the Allegany County Industrial Development Agency and its
governing board, the Allegany County Industrial Development Agency Board.
c. Supervision
of the
d. General
supervision of the
e. Supervision
of the Office of Employment and Training.
Liaison with the Cattaraugus-Allegany Workforce Investment Board.
f. Supervision
of the
g. General
supervision of the Allegany
h. Supervision
of the proposed establishment and periodic review of County Agricultural
Districts and recommendation to the County Board on the establishment of a
proposed Agricultural District or continuance of an established Agricultural
District.
i. Supervision
of County reforested lands to include the disposition of trees, timber and
other forest products on such lands.
j. General
supervision of the
k. Liaison
with the Region 9 Fish and Wildlife Management Board, the Region 9
l. Contract
administration of any
m. General
supervision of the Tourism Advisory Board.
n. Contract
administration of any
o. Administration
of the State Environmental Quality Review Act (SEQRA) as it affects County
governmental operations.
p. General
supervision of the contractual relationship between the County Board and the
Allegany County Federation of Snowmobilers, Inc. for the development and
maintenance of snowmobile trails.
3. Administrative Unit
Jurisdiction:
a. Office of Development.
b. Allegany County Industrial
Development Agency Board.
c. Office of Planning and/or County
Planner.
d. County Planning Board.
e.
f.
g.
h. Advisory Committee on Tourism.
i. Allegany County Soil and Water
Conservation District Board.
j. County Agricultural and Farmland
Protection Board.
k.
4. That County Board Rule 220.B. is
amended with material deleted indicated by strike out as follows:
B. COURT FACILITIES AND COUNTY SPACE NEEDS
1. General Jurisdiction:
a. Comprehensive planning for the space
needs of the court system and all County departments and offices including
capital planning for all costs associated with such planning. Subject to final approval by the full Board
of Legislators.
b. Planning and oversight of all County
physical plant construction or acquisition and space allocation including the
financing and payment of all costs associated with such construction,
acquisition and space allocation. Subject to final approval by the full Board
of Legislators.
2. Specific Jurisdiction:
a. Study, formulate and recommend to the
b. Study, formulate and recommend to the
County Board for adoption, methods of financing and paying the costs of any and
all renovations, additions and changes to existing County physical plant
facilities and the costs of construction or acquisition of new or proposed
County physical plant facilities necessary for the needs of the court system
and all County departments and offices.
c. Supervision of
d. Administration
of the State Environmental Quality Review Act (SEQRA) as it affects existing
County physical plant facilities and as applicable to proposed County physical
plant facilities.
e. Supervision
of
3. Administrative Unit Jurisdiction:
a. Office of Planning and/or
b.
c. County in performance of
Records Management Officer powers and duties.
5. That County Board Rule 220.D. is
amended with material deleted indicated by strike out and material added,
consisting of renumbering or re-lettering, shown by the material underlined as
follows:
D. PUBLIC WORKS
1. General Jurisdiction:
a. County highways, bridges, solid waste
management facilities and building maintenance.
b. Capital planning for highways, bridges
and solid waste management facilities.
c. Monitoring of County assets.
d. Acquisition and sale of real property
not under the jurisdiction of the Ways and Means Committee and the authority to
determine that personal property under $10,000 in market value is or is no
longer necessary for County purposes.
e. Landfill Asset Development.
f. Agricultural Districting.
g. Use of natural resources.
h. Snowmobile issues
2. Specific Jurisdiction:
a. Supervision of the Department of Public
Works.
b. Designated to perform the powers and
duties of the “committee” under Local Law No. 3 of 1980, in relation to County
parking areas.
c. Specific authority to approve or
disapprove the sale by the County Superintendent of Public Works of any
machinery, equipment, tools and implements used for highway, snow removal or
bridge purposes no longer needed by the County, or which shall have become worn
out or obsolete, and, to approve or disapprove the exchange of such machinery,
equipment, tools and implements or their surrender to the vendor as part
payment for new machinery, equipment, tools and implements. (
d. Specific authority to approve or
disapprove any purchase of new machinery which is chargeable to the County Road
Machinery Fund and which has a value in excess of one thousand dollars. (
e. Specific authority to approve or
disapprove the sale by the County Superintendent of Public Works of any
machinery, equipment, tools and implements used for County solid waste purposes
no longer needed by the County, or which shall have become worn out or
obsolete, and, to approve or disapprove the exchange of such machinery,
equipment, tools and implements or their surrender to the vendor as part
payment for new machinery, equipment, tools and implements. (See
f. Specific authority to approve or
disapprove any purchase of new machinery which is chargeable to the General
Fund and within appropriations for County solid waste purposes and which has a
value in excess of one thousand dollars.
(
g. Maintenance planning and maintenance of
County facilities.
h. Vehicle fleet management including the
acquisition of new County vehicles and maintenance of the County vehicle fleet.
i. Monitor development of State and local
resources within the County.
j. Supervision of the proposed
establishment and periodic review of Agricultural Districts and recommendation
to the County Board on the establishment or non-establishment of a proposed
Agricultural District or the continuance of an established Agricultural
District.
k. i. Administration
of the State Environmental Quality Review Act (SEQRA) as it affects existing or
proposed County highways, bridges and solid waste facilities. (See Res. 62-77,
193-77, 9-83)
l. General supervision of the
m. Supervision of County reforested lands
to include the disposition of trees, timber and other forest products on such
lands.
n. General supervision of the Allegany
County Soil and Water Conservation District and its governing board, the Soil
and Water Conservation District Board.
o. Contract administration of any
p. Liaison with the Region 9 Fish and
Wildlife Management Board,
the Region 9 Conservation and Development Board.
q. Supervision of County forest lands,
parks and recreation areas.
3. Administrative Unit Jurisdiction:
a. Department of Public Works.
b. Allegany County Soil and Water
Conservation District Board.
c. County Agricultural and Farmland
Protection Board.
d. b. All
County Departments with respect to General and Specific Jurisdiction of the
committee.
6. That County Board Rule 220.E. is
amended with material deleted indicated by strike out and material added,
consisting of renumbering or re-lettering, shown by the material underlined as
follows:
E. WAYS AND MEANS
1. General Jurisdiction:
a. General administrative operations rules
and regulations of County government.
b. General legislative operations rules of
the
c. County enforcement procedures in
relation to the collection of the real property tax.
d. Procedures for the correction of errors
on tax rolls, the refund of real property taxes and the cancellation of void
real property taxes.
e. County equalization or alternative
method of County equalization procedures.
f. Information Technology.
g. Telecommunications systems excluding
police and emergency systems.
h. General responsibility for the
planning, control, and oversight of the
i. Oversight of general County revenues,
appropriations, and expenditures.
j. General
development of business, industry and recreation.
k. Tourism.
l. County
historical matters to include historical real and personal property and
historical records.
2. Specific
Jurisdiction:
a. Study, formulate and recommend to the
b. Study, formulate and recommend to the
c. Supervision of the Clerk of the Board
of Legislators’ central service powers and duties. (See Res. 74-86)
d. Supervision
of the
e. d. Investigate
and report on whether a person recommended to fill any vacancy in the Office of
County Legislature meets the qualifications set forth in Local Law No. 3 of
1993.
f. e. Supervision
of County Real Property Tax Service Agency in performance of its respective
powers and duties relating to the matters under General Jurisdiction.
g. f. Specific
authority to recommend to the County Board for its approval an offer to
purchase the County’s interest in real property obtained by the County
Treasurer for unpaid real property taxes, if the tax deed to the County of such
interest has not been on record in the County Clerk’s Office over one
year.
h. g. Supervision
of the Information Technology Department in performance of data processing
powers and duties (see Local Law No. 5 of 1993, as amended by Local Law No. 1
of 2001).
i. h. Responsible
for the development of policies and procedures relating to interdepartmental
networking of data processing systems.
j. i. Responsible
for the development of a plan for the future enhancement of the County’s
telecommunications systems excluding those systems presently under the
jurisdiction of the Public Safety Committee, i.e., police and emergency.
k. j. Receive
and evaluate on a monthly basis budget monitoring reports and other budget
related information from County departments and offices.
l. k. Review
the annual County tentative budget and assess the impact of local conditions
and State and Federal actions on the tentative budget. Recommend changes in tentative budget to the
full Board of Legislators in a budget report pursuant to County Law Section
357.
m. l. Review
Budget Officer’s proposed appropriation resolution referring to a tentative
budget and making provisions for the conduct of the County Government for the
ensuing fiscal year.
n. m. Supervision
of County Treasurer’s fixed assets records powers and duties. (See Res. 74-86)
o. n. Offer
for
(1) a transfer of funds between capital
projects established by resolution of the
(2) a transfer of funds from the contingent
account or from any other major appropriation account to another major
appropriation account.
(3) an appropriation of unanticipated
revenues or unappropriated cash surplus within a particular Fund.
(4) an appropriation of grants in aid
received from the State and Federal governments.
(5) an appropriation of other gifts which are
required to be expended for particular objects or purposes.
(6) an appropriation of insurance proceeds
received for the loss, theft, damage or destruction of real or personal
property, when proposed to be used or applied to repair or replace such
property. (
p. General
supervision of the County Planning Board.
q. Supervision
of Office of Development and its advisory board, the Advisory Board to the
Office of Development.
r. Supervision
of the Office of Employment and Training.
Liaison with the Allegany-Cattaraugus Workforce Investment Board.
s. General
supervision of the Allegany County Industrial Development Agency and its
governing board, the Allegany County Industrial Development Agency Board.
t. General
supervision of the Allegany County Industrial and Commercial Incentive Board.
u. Supervision
of the
3. Administrative Unit Jurisdiction:
a.
b. Chairman of the
c. Clerk of
d.
e. County except in performing
Records Management Officer powers and duties.
f. e. Real Property Tax Service Agency.
g. f. Information
Technology Department.
h. g. Budget
Officer and Deputies.
i. h.
j. Office
of Planning and/or County Planner.
k. County
Planning Board.
l. Office
of Development.
m. Advisory
Committee on Tourism.
n. Office
of Employment and Training.
o. Allegany
County Industrial Development Agency Board.
p. Allegany
County Industrial and Commercial Incentive Board.
7. This resolution shall become effective
January 1, 2010.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Fanton 12
Ayes, 2 Noes, 1 Absent
Voting
No: Kruger, Ungermann
A motion was made by Legislator Reynolds, seconded by Legislator Truax
and carried to amend Resolution Intro. No. 237-09 (A Resolution in
Relation to the Compensation of County Officers and Employees) to change the job title of the second from
the last position at the end of the resolution from JTPA Summer Counselors to
WIA Summer Counselors.
RESOLUTION
NO. 225-09
A RESOLUTION IN
RELATION TO THE
COMPENSATION OF
Offered by: Personnel Committee
RESOLVED:
1. That commencing January 1, 2010, 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, 2010, 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, 2010, 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,
2010, 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, 2010, 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,
2010, 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, 2010, 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. 206-08, and which salary
such Public Employee Federation member is entitled to receive commencing
January 1, 2010; the increment recommendations from the department heads for
each employee under their jurisdiction receiving such recommendation being
approved.
5. That commencing January 1, 2010, 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. 206-08, and which salary such non-unit employee
is entitled to receive commencing January 1, 2010; 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, 2010, 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
|
|
|
8,500 |
|
Chairman of the Board |
|
8,500 |
|
Majority Leader |
|
300 |
|
Minority Leader |
|
300 |
|
Budget Officer |
|
2,500 |
|
Deputy Budget Officer |
|
2,500 |
|
|
|
89,685 |
|
Deputy County Administrator |
|
60,000 |
|
Clerk of the Board |
|
52,695 |
|
District Attorney |
|
119,800 |
|
Assistant District Attorney (1st) |
|
34,887 |
|
Assistant District Attorney (2nd) |
|
32,377 |
|
Assistant District Attorney (3rd) |
|
32,377 |
|
Assistant District Attorney (4th) |
|
32,377 |
|
Assistant District Attorney (5th) RTR |
|
26,000 |
|
Assistant District Attorney (6th) Welfare |
|
24,000 |
|
District Attorney Investigator (PT) |
|
12,669 |
|
Public Defender |
|
84,050 |
|
Assistant Public Defender (1st) |
|
71,750 |
|
Coroners |
|
150 p/d |
|
Coroners' Physician |
|
50 p/d |
|
Deputy County Auditor |
|
1,200 |
|
|
|
66,178 |
|
|
|
88,838 |
|
Assistant |
|
76,106 |
|
Assistant |
|
56,631 |
|
Assistant |
|
55,606 |
|
Election Commissioners (2) |
|
13,193 |
|
Election Technicians |
|
16.00/hr. |
|
Election Inspectors |
|
85/day primary |
|
Election Inspectors |
|
135/day general |
|
Seasonal Laborers (Public Works) |
|
8.00/hr. |
|
Information Technology Director |
|
62,077 |
|
Probation Director II |
|
57,120 |
|
STOP DWI Coordinator |
|
15,069 |
|
Youth Director |
|
28,931 |
|
Fire Coordinator |
|
14,150 |
|
Emergency Services Director |
|
42,462 |
|
Medical Director |
|
20,000 |
|
Community Services Director |
|
36,339 |
|
Social Services Commissioner |
|
70,525 |
|
Development Director |
|
76,118 |
|
Office for the Aging Director |
|
55,653 |
|
Office for the Aging: |
|
|
|
Site Managers |
|
7.50-9.50/hr. |
|
Drivers, Aides |
|
7.50-9.50/hr. |
|
|
|
|
|
Youth Agencies
Director |
|
485/wk. |
|
Lifeguards |
|
9.25/hr. |
|
WIA Summer Counselors |
|
12/hr. |
|
Executive Secretary, Workers Comp. |
|
31,550 |
Moved by: Mr. Pullen Adopted: Roll Call
Seconded by: Mr. Russo 13
Ayes, 1 No, 1 Absent
Voting
No: Kruger
(Memo:
The chart at the end of Resolution No. 225-09 does not include any
officers whose salaries were set by Local Law No. 1-09 approved by Resolution
No. 189-09 on October 26, 2009.)
RESOLUTION
NO. 226-09
AMENDMENT OF
RESOLUTION NO. 297-75 TO PROVIDE NEW
SALARY GRADE SCHEDULE
IN
Offered by: Personnel Committee
RESOLVED:
1. That effective January 1, 2010, Section
6 of Resolution No. 297-75, as last amended by Resolution No. 206-2008, 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 |
25,718 |
26,490 |
27,285 |
28,102 |
28,945 |
29,814 |
30,709 |
31,629 |
32,578 |
33,555 |
34,561 |
35,598 |
898 |
|
2 |
27,285 |
28,102 |
28,945 |
29,814 |
30,709 |
31,629 |
32,578 |
33,555 |
34,561 |
35,598 |
36,667 |
37,767 |
953 |
|
3 |
28,945 |
29,814 |
30,709 |
31,629 |
32,578 |
33,555 |
34,561 |
35,598 |
36,667 |
37,767 |
38,900 |
40,066 |
1,011 |
|
4 |
30,709 |
31,629 |
32,578 |
33,555 |
34,561 |
35,598 |
36,667 |
37,767 |
38,900 |
40,066 |
41,269 |
42,509 |
1,073 |
|
5 |
32,578 |
33,555 |
34,561 |
35,598 |
36,667 |
37,767 |
38,900 |
40,066 |
41,269 |
42,509 |
43,783 |
45,096 |
1,138 |
|
6 |
34,561 |
35,598 |
36,667 |
37,767 |
38,900 |
40,066 |
41,269 |
42,509 |
43,783 |
45,096 |
46,449 |
47,843 |
1,208 |
|
7 |
36,667 |
37,767 |
38,900 |
40,066 |
41,269 |
42,509 |
43,783 |
45,096 |
46,449 |
47,843 |
49,279 |
50,757 |
1,281 |
|
8 |
38,900 |
40,066 |
41,269 |
42,509 |
43,783 |
45,096 |
46,449 |
47,843 |
49,279 |
50,757 |
52,279 |
53,849 |
1,359 |
|
9 |
41,269 |
42,509 |
43,783 |
45,096 |
46,449 |
47,843 |
49,279 |
50,757 |
52,279 |
53,849 |
55,464 |
57,127 |
1,442 |
|
10 |
43,783 |
45,096 |
46,449 |
47,843 |
49,279 |
50,757 |
52,279 |
53,849 |
55,464 |
57,127 |
58,840 |
60,605 |
1,530 |
|
11 |
46,449 |
47,843 |
49,279 |
50,757 |
52,279 |
53,849 |
55,464 |
57,127 |
58,840 |
60,605 |
62,423 |
64,297 |
1,623 |
Moved by: Mr. Pullen Adopted: Roll Call
Seconded by: Mr. Fanton 13
Ayes, 1 No, 1 Absent
Voting
No: Kruger
RESOLUTION
NO. 227-09
CREATING POSITION OF
NETWORK ADMINISTRATOR IN THE
INFORMATION TECHNOLOGY
DEPARTMENT
Offered by: Ways and Means Committee
RESOLVED:
1. That
one position of Network Administrator is created in the Information Technology
Department.
2. This resolution shall take effect on
December 15, 2009.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 11
Ayes, 3 Noes, 1 Absent
Voting
No: Kruger, McCormick, Ungermann
(Memo: The additional Network Administrator position
created by Resolution No. 227-09 is an upgrade necessitated by the added
responsibilities of the Senior Network Technician within the Department of
Social Services. After the retirement of
two DSS employees, the Senior Network Technician will be managing the state DSS
network, carrying the same responsibilities as the current Network
Administrator. The upgrade would also
allow the Network Administrators to share the responsibilities of the County
network and phone system, which has changed significantly since 2001 and will
continue to change with the addition of the new building. The Department of Social Services currently
covers a significant portion of the salary for this position, and would
increase the amount to cover the cost of the upgrade.)
Comments made regarding Resolution No. 227-09 included: Legislator O'Grady questioned if the position would fall into the new State Retirement
System Tier 5.
RESOLUTION
NO. 228-09
UPGRADING ONE HUMAN
RESOURCES SPECIALIST AND
TWO HUMAN RESOURCES
ASSISTANTS IN HUMAN RESOURCES OFFICE
DUE TO HUMAN RESOURCES
REEVALUATION;
AMENDING NON-UNIT
SALARY PLAN
Offered by: Personnel Committee
WHEREAS, the Human Resources office has
upgraded one position of Human Resources Specialist and two positions of Human
Resources Assistants in the Human Resources Office, now, therefore, be it
RESOLVED:
1. That the position of Human Resources Specialist in the Human
Resources Office is upgraded from Grade 6 to Grade 7 and the two positions of
Human Resources Assistants are upgraded from Grade 2 to Grade 4 in the Non-Unit
Salary Plan.
2. This resolution shall take effect on
January 1, 2010.
Moved by: Mr. Pullen Adopted: Roll Call
Seconded by: Mr. Fanton 11
Ayes, 3 Noes, 1 Absent
Voting
No: Kruger, McCormick, Ungermann
(Memo: The upgrades approved by Resolution No.
228-09 were requested based on knowledge of the laws, policies and procedures
covering civil service law and rules, retirement regulations, disability
insurance contract language pertaining to accrued time, numerous County
policies, and direct dealings with municipalities, employees, and retirees.)
Comments made regarding Resolution No. 228-09 included:
Legislator Kruger remarked that the government
snowball continues to get bigger.
Upgrades should occur when responsibilities change significantly, and
Mr. Kruger didn't believe that had happened in the Human Resources
Department. He commented on the
department wanting to contract out last year for $12,000 for the establishment
of the workplace violence policy, instead of completing it in-house, and now
they're coming back for upgrades.
Legislator Pullen reported that he spoke with
Human Resources Director Ellen Ruckle after she made the request in Personnel
Committee. Ms. Ruckle explained that
they have not added positions, but had existing staff take on additional
responsibilities and gain additional training, which has increased the level
and scope of their performance. Mr.
Pullen concluded that this is exactly the type of approach he likes to see, so
he supported the request.
RESOLUTION
NO. 229-09
REAPPOINTMENT OF
MEMBERS TO ALLEGANY
Offered by: Personnel Committee
Pursuant to Local Law No. 2 of 1970
RESOLVED:
1. That Pastor Kenneth Chroniger of Alfred
Station, New York, Dr. Robert Black of Houghton, New York, Darwin Fanton of
Wellsville, New York, Brenda Rigby Riehle of Belmont, New York and Thomas
Hennessy of Wellsville, New York are reappointed as members of the Allegany
County Board of Ethics to serve at the pleasure of the Board of Legislators
with term of office commencing January 1, 2010, and expiring December 31, 2013.
Moved by: Mr. Russo Adopted: Voice Vote
Seconded by: Mr. Fanton
RESOLUTION
NO. 230-09
RESOLUTION LEVYING
Offered by: Ways and Means Committee
Pursuant to
WHEREAS,
this Board, by Resolution No. 211-2009, has adopted a final budget for the
fiscal year 2010, and
WHEREAS, this Board, by Resolution No. 212-2009, made appropriations for
the conduct of the County Government for the fiscal year 2010, 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 $27,139,034 upon all the
taxable real property in the County liable therefor.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 231-09
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, 2009.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 232-09
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, 2010, 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 16,618.00 105,302.00
Almond 12,474.00 163,632.00
Amity (-350.00) 191,870.00
Angelica 1,605.00 45,147.00
Bolivar 19,254.00 202,012.00
Burns 6,660.00 42,060.00
Wellsville 116,376.00 318,530.13
Wirt 437.95 119,786.72
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 113,819.00 202,359.00
Allen 92,449.00 128,820.00
Almond 157,550.00 195,314.00
Amity 147,475.00 125,955.00
Angelica 100,409.00 92,392.00
Birdsall 79,500.00 82,800.00
Bolivar 147,056.00 197,743.00
Burns 95,875.00 146,750.00
Caneadea 188,841.00 474,422.00
Friendship 268,994.00 246,504.00
Granger 87,550.00 161,300.00
Grove 125,709.00 249,572.00
Hume 190,500.00 398,500.00
New
Rushford 278,850.00 428,625.00
Scio 191,228.00 344,473.00
Ward 103,743.00 172,470.00
Wellsville 603,460.00 289,548.31
West Almond 93,000.00 44,000.00
Willing 213,212.00 210,985.00
Wirt 163,363.56 250,943.64
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 13,550.00
Light District 2,100.00
Almond Fire Protection 25,000.00
Amity Fire District 47,000.00
Angelica Fire Protection District 33,600.00
Fire
District 58,778.00
Light 7,500.00
Birdsall Fire 21,305.00
Bolivar Richburg-Wirt Fire
District 4,448.00
Bolivar
Joint Fire District 108,000.00
Burns Canaseraga Fire
Protection 16,000.00
Caneadea Houghton Water District 153,895.00
Houghton
Sewer District 61,020.00
Caneadea
Light 2,600.00
Houghton
Light 15,000.00
Oramel Light
650.00
Caneadea
Fire 106,390.00
Sewer #1
(Echo Lanes) 0.00
Sewer #3
(Acme) 0.00
Sewer #5
(Capital note) 19,273.00
Sewer #5
(Usage) 64,800.00
Water #3
(Acme) 0.00
Water #4
(School) 2,876.00
Friendship Fire Protection District 91,250.00
Street
Lighting District 18,475.00
Sidewalks
Fund 43,405.00
Refuse &
Garbage District 52,330.00
Fire
Protection 2 (Portville) 30,380.00
Granger Fire Protection 17,500.00
Grove Swain Lighting
District 2,500.00
Canaseraga
Fire District 1 16,000.00
Nunda Fire
District 2 2,000.00
Hume Fire Protection 80,145.00
Light
District 1 (Hume) 3,765.00
Light
District 2 (R & W) 3,990.00
Light
District 3 9,725.00
Sidewalk 21,915.00
Sewer
District 0.00
Consolidated
Water Dist. 0.00
Street Light 10,000.00
Water
District 0.00
New
Fire
District 1 32,000.00
Rushford Lighting District 6,500.00
Rushford
Fire District 88,500.00
Scio Consolidated Water
Dist. 41,900.00
Light
District 1 16,000.00
Fire
District 1 29,917.00
Fire
District 2 59,833.00
Ward Fire Protection 8,500.00
Wellsville Fire Protection District 109,000.00
Hillcrest
Lighting District 285.00
E. State St.
Sewer District 495.00
Sinclair
Sewer District 2,000.00
Bolivar Rd.
Sewer District 1,800.00
Airport
Sewer District 0.00
Sinclair
Water District 2,000.00
Riverside
Water District 1,000.00
East State
Water District 1,000.00
Bolivar Rd.
Water District 1,000.00
George St.
Water District 0.00
W.
Wellsville Water District 19,725.00
Airway
Sanitary Sewer Dist. 0.00
Phillips
Creek Water District 0.00
West
Almond Fire District 8,960.00
Willing Fire Department 65,430.00
Wirt Fire Protection
Townwide 88,224.00
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. Hopkins 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 233-09
A RESOLUTION
DETERMINING THAT ERRORS EXIST ON THE
2009-2010 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 Amity is ordered and directed to correct in
the 2009-2010 County and Town Tax Roll the assessment or taxes, or both, of the
property assessed to the following taxpayer and described as follows:
a. New York Telephone Co.; Parcel
#628.089-9999-631.900/1881
Assessment: Land $487,400 Total $487,400
this parcel was given the wrong assessment, and by reducing
the Total Taxable Value to $364,247, and by correcting the County and Town
taxes, as follows:
|
School |
$7,658.58 |
|
Library |
165.16 |
|
Total |
$7,823.74 |
and the
|
School |
$2,589.38 |
|
Library |
55.84 |
|
Total |
$2,645.22 |
b. New York Telephone Co.; Parcel
#628.089-9999-631.900/1882
Assessment: Land $137,900 Total $137,900
this Parcel was given the wrong assessment, and by reducing
the Total Taxable Value to $35,893, and by correcting the County and Town
taxes, as follows:
|
School |
$1,115.10 |
|
Library |
7.12 |
|
Total |
$1,122.22 |
and the
|
School |
$3,169.07 |
|
Library |
20.24 |
|
Total |
$3,189.31 |
5. That
the Tax Collector of the Town of Genesee is ordered and directed to correct in
the 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. Reiss, Dona M., Attn: Herth, C. Parcel
296.-1-9.4
Assessment: Land $9,300 Total $22,200
this Parcel is a duplicate and should have been deleted from
the tax roll, and the
|
County |
$339.54 |
|
Town |
190.98 |
|
Fire |
29.80 |
|
School Relevy |
413.69 |
|
Total |
$974.01 |
b. Reiss, Dona M., Attn: Herth, C. Parcel
296.-1-9.41/2
Assessment: Land $9,300 Total $22,200
this Parcel is a duplicate and should have been deleted from
the tax roll, and the
|
County |
$339.54 |
|
Town |
190.98 |
|
Fire |
29.80 |
|
School Relevy |
413.69 |
|
Total |
$974.01 |
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. Fanton 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 234-09
ACCEPTANCE AND
APPROPRIATION OF DONATIONS AND GIFTS FROM WELLSVILLE CHAMBER OF COMMERCE,
WELLSVILLE CURVES AND SUSAN KADUC TO VARIOUS HEALTH DEPARTMENT ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That
the sum of $200 from the Wellsville Chamber of Commerce, $25 from Wellsville
Curves and $5,000 from Susan Kaduc, is accepted.
2. That the accepted sum of $5,225 is
appropriated as follows: $200 to Account
No. A4010.1, $5,025 to Account No. A4071.4 with a sum of $200 credited to
Revenue Account No. A08.2705.01 and $5,025 to Revenue Account No.
A08.2705.4071.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble 14
Ayes, 0 Noes, 1 Absent
(Memo: The funds accepted by Resolution No. 234-09
were donated to the Cancer Services Program for provision of services to cancer
residents of
RESOLUTION
NO. 235-09
ACCEPTING AND
APPROPRIATING FUNDS FROM THE
AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 THROUGH
NYS DOH BUREAU OF
IMMUNIZATION AND BUREAU OF FAMILY HEALTH FOR EARLY INTERVENTION ADMINISTRATION
TO
VARIOUS HEALTH
DEPARTMENT ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That
the sum of $41,712 in state funding through the American Recovery and
Reinvestment Act of 2009 is accepted.
2. That the accepted sum of $41,712 is
appropriated as follows: $10,000 to
Account No. A4010.1, $20,000 to Account No. A4010.4, $3,000 to Account No.
A4052.2, $8,712 to Account No. A4052.4 with a like sum credited to Revenue
Account No. A11.4489.HLST.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble 13
Ayes, 1 No, 1 Absent
Voting
No: Kruger
Comments made regarding Resolution No. 235-09
included: Legislator Kruger questioned
what the funding in the resolution had to do with stimulating the economy. Legislator Ungermann asked how it created any
private sector, tax-paying jobs. He
questions if this is what the stimulus funding was intended for. Obviously the state has taken the stimulus
money which was meant to create jobs and decided to fund their programs with
it.
RESOLUTION
NO. 236-09
ACCEPTING AND
APPROPRIATING STATE AND FEDERAL FUNDS FROM
NEW YORK STATE HEALTH
DEPARTMENT TO PUBLIC HEALTH ACCOUNTS
Offered by: Human Services and Ways and Means Committees
RESOLVED:
1. That
the sum of $170,299 in state funds to provide services under County Public
Health Emergency Preparedness is accepted.
2. That the accepted sum of $170,299 is
appropriated as follows: $27,654 to
Account No. A4010.1, $17,913 to Account No. A4189.2, $112,144 to Account No.
A4189.4, $12,588 to Account No. A4189.8 with a sum of $170,299 credited to
Revenue Account No. A11.4489.4189.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble 14
Ayes, 0 Noes, 1 Absent
(Memo: The funding accepted by Resolution No. 236-09
will aid the County in continuing Public Health Emergency Preparedness
activities, such as H1N1 vaccinations.)
RESOLUTION
NO. 237-09
ACCEPTANCE OF INSURANCE
PAYMENTS FROM NYMIR AND
APPROPRIATION OF FUNDS TO RISK
RETENTION ACCOUNTS
Offered by:
Ways and Means Committee
WHEREAS, a check in the amount of $181.95, representing the cost to
replace a broken windshield on a County 2007 Chevrolet Impala has been offered
by NYMIR in settlement for such property damage, which was discovered on
November 5, 2009, and
WHEREAS, a check in the amount of $2,143.42, representing the cost,
less a $200 deductible, to repair a 2006 Crown
RESOLVED:
1. That insurance payments totaling
$2,325.37 from NYMIR representing the cost of replacing a broken window and
reimbursable expenses for the repair of a 2006 Crown
2. That the sum of $2,325.37 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. Russo 14
Ayes, 0 Noes, 1 Absent
(Memo: The vehicles referred to in Resolution No.
237-09 were assigned to Community Services and the Sheriff’s Office
respectively.)
RESOLUTION
NO. 238-09
TRANSFER OF FUNDS WITHIN OFFICE FOR THE
AGING ACCOUNTS
TO COVER END OF YEAR EXPENSES
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That
the sum of $11,123 is transferred as follows: $3,000 from Account No. A6772.4
to Account No. A6772.1, $2,300 from Account No. A6773.1 to Account No. A6773.8,
$1,300 from Account No. A6778.4 to Account No. A6778.1, $123 from Account No.
A6782.4 to Account No. A6782.8, $400 from Account No. A6783.4 to Account No.
A6783.2 and $4,000 from Account No. A6776.4 to Account No. A6773.4.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 239-09
TRANSFER OF FUNDS WITHIN
HEALTH DEPARTMENT
APPROPRIATION ACCOUNTS
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That the sum of $105,349 is transferred
within appropriation accounts to cover expenditures through the end of fiscal
year 2009, as follows: $12,000 from
Account No. A4010.103 to Account No. A4010.104, $675 from Account No. A4035.4
to Account No. A4035.2, $5,000 from Account No. A4060.456 to Account No.
A4043.409, $1,200 from Account No. A4071.4 to Account No. A4071.2, $2,000 from
Account No. A4060.2 to Account No. A4072.4, $2,000 from Account No. A4190.2 to
Account No. A4190.4, $7,999 from Account No. A4060.4 to Account No. A4040.1 and
$74,475 from Account No. A4060.456 to Account No. A4040.4.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Pullen 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 240-09
TRANSFER OF FUNDS WITHIN ASSESSMENTS
ACCOUNTS
Offered by:
Ways and Means Committee
RESOLVED:
1. That the sum of $1,546 is transferred
from Account No. A1355.4 to Account No. A1355.1, to cover unexpected
compensation expenses and anticipated shortage of funds created by sell backs.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
Resolution Intro. No. 254-09
(Acceptance of Base Bid,
Alternate Bid #5 – Replace Existing Control Valves, and Alternate Bid #6 –
Solid Surface Lavatory Two Station by Javen Construction for General
Construction Services Related to the Court Facilities Addition and Renovation) was considered prior to Resolution Intro.
No. 253-09 (Acceptance of Alternate Bids #1 through #4 by Javen
Construction for General Construction Services Related to the Court Facilities
Addition and Renovation; This Acceptance is Contingent upon Written Verification
from New York State Office of Court Administration Prior to December 14, 2009 that
They will Provide Funding for these Alternatives).
RESOLUTION
NO. 241-09
ACCEPTANCE OF BASE BID,
ALTERNATE BID #5 – REPLACE
EXISTING CONTROL VALVES AND
ALTERNATE BID #6 – SOLID
SURFACE LAVATORY TWO STATION BY
JAVEN CONSTRUCTION FOR GENERAL
CONSTRUCTION SERVICES RELATED TO THE COURT FACILITIES ADDITION AND RENOVATION
Offered by:
Court Facilities and County Space Needs Committee
WHEREAS, a base bid of $8,997,000 for general construction services
for the Court Facilities Addition and Renovation by Javen Construction was
accepted, and
WHEREAS, an Alternate #5 bid to replace existing control valves (an
energy efficiency option) at an additional cost of $39,000 for the Court
Facilities Addition and Renovation by Javen Construction was accepted, and
WHEREAS, an Alternate #6 bid for solid surface lavatory two station
(a durability option) at an additional cost of $8,800 for the Court Facilities
Addition and Renovation by Javen Construction was accepted, and
WHEREAS, the County is prepared to issue a Notice of Award and
enter into an agreement with Javen Construction, subject to any determination
or order that might ensue in a court proceeding presently pending in Supreme
Court before the Hon. Patrick H. NeMoyer concerning the subject matter of the
proposed agreement, now therefore, be it
RESOLVED:
1. That the base bid and alternate bids #5
and #6 for general construction services related to the Court Facilities
Addition and Renovation submitted by Javen Construction are approved.
2. That the Notice of Award and agreement
with Javen Construction shall indicate that they are subject to modification or
cancellation if required by subsequent court order or determination ensuing
from the proceeding presently pending in Supreme Court.
3. That the Chairman of this Board is
authorized to execute any and all paperwork for such bids.
Moved by: Mr. Pullen Adopted: Roll Call
Seconded by: Mr. Fanton 10
Ayes, 4 Noes, 1 Absent
Voting
No: Kruger, McCormick, Truax, Ungermann
Comments made regarding Resolution No. 241-09 included:
Legislator Kruger felt that it was unwise to
move forward with either of the construction bid resolutions until the Judge in
Legislator Pullen stated that the bids have a
given period before they expire. The bids
came in significantly lower than the estimates, so the project is now
significantly under the original authorization and projections. We are already slightly over the 45 day
period to accept the bids, and if we postpone this for another two weeks, the
contractors could withdraw their bids.
Mr. Pullen remarked that he’d hate to see us lose the benefits achieved
through the efforts of this Board, and he strongly encouraged proceeding and
awarding the bids.
Legislator Ungermann noted that the cost of the
jail floor renovation could have been $1.2 million or $1.5 million, instead of his
estimated $4 million, judging from the current market. He stated that there was no one present that didn't
know how he felt about this project.
There are a couple of common sense issues: 1- we can’t afford this; 2- we shouldn’t
build near a 50-foot drop-off by the Genesee River; and 3- there's a 15-thousand-ton
coal train going by several times a day within 100 feet of the proposed
building.
RESOLUTION
NO. 242-09
ACCEPTANCE OF ALTERNATE BIDS
#1 THROUGH #4 BY
JAVEN CONSTRUCTION FOR GENERAL
CONSTRUCTION SERVICES RELATED TO THE COURT FACILITIES ADDITION AND RENOVATION;
THIS ACCEPTANCE IS CONTINGENT
UPON WRITTEN VERIFICATION FROM
PRIOR TO DECEMBER 14, 2009,
THAT THEY WILL PROVIDE FUNDING
FOR THESE ALTERNATIVES
Offered by:
Court Facilities and County Space Needs Committee
WHEREAS, alternate bids #1 through #4 to polish brass light
fixtures, light fixture removal and replacement, refinish pew and jury box
seating and enlarge existing courtroom bench for the Court Facilities Addition
and Renovation by Javen Construction have been received, and
WHEREAS, alternate bids #1 through #4 are accepted contingent upon
written verification from New York State Office of Court Administration prior
to December 14, 2009, that the Office of Court Administration will provide
funding for these alternates, now, therefore, be it
RESOLVED:
1. That alternate bids #1 through #4
submitted by Javen Construction are approved, contingent upon written
verification from New York State Office of Court Administration prior to
December 14, 2009, that they will provide funding for these alternates.
2. That the Notice of Award and agreement
with Javen Construction shall indicate that they are subject to modification or
cancellation if required by subsequent court order or determination ensuing
from the proceeding presently pending in Supreme Court.
3. That the Chairman of this Board is
authorized to execute any and all paperwork for such bids.
Moved by: Mr. Pullen Adopted: Roll Call
Seconded by: Mr. Fanton 10
Ayes, 4 Noes, 1 Absent
Voting
No: Kruger, McCormick, Truax, Ungermann
Comments made regarding Resolution No. 242-09 included:
Legislator Kruger noted that we all complain
about state mandates and how costly they are to the taxpayers, and we hear
about devastating consequences that will occur if we don’t comply, but it’s
this Board’s responsibility to stand up to the state. It’s not only Medicaid that buries us in
payments, it’s one program right on top of another that the state starts and
begins to fund for a couple of years, and then they pull the funding. It's our failure to end those programs that
keeps us the highest taxed county in NYS.
Chairman Crandall remarked that this
resolution is only to accept the alternate bids that the state is paying for. Legislator Kruger replied that the state
mandate from the Office of Court Administration to build a Court facility is at
the root of it all.
Legislator Pullen clarified that the
resolution involves alternates; they are not change orders, and they’re not due
to a mistake. The resolution was
contingent on written verification from the OCA that they will pay for the
alternates, and this verification has been received. The cost will not be coming out of the
bonding the County will do for the project.
RESOLUTION
NO. 243-09
APPROVAL OF AGREEMENTS WITH
APPROVED PROVIDERS OF PROGRAMS,
SEIT AND/OR EVALUATIONS FOR
PRESCHOOLERS WITH DISABILITIES
Offered by:
Human Services Committee
RESOLVED:
1. That Agreements titled "
2. That the Chairman of this Board is
authorized to execute such Agreement.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble 12
Ayes, 2 Noes, 1 Absent
Voting
No: Kruger, Ungermann
Comments made regarding Resolution No. 243-09 included:
Legislator Kruger noted that it was important
that someone provides for preschoolers with disabilities, but why should it be
the taxpayers of
Legislator Ungermann remarked that there was
no Memorandum of Explanation with the resolution, and questioned the cost.
RESOLUTION
NO. 244-09
AUTHORIZING PUBLIC HEALTH DIRECTOR TO
CONTRACT WITH THE
NEW YORK STATE DEPARTMENT OF HEALTH FOR THE
RENEWAL OF
ADOLESCENT TOBACCO ENFORCEMENT AND
PREVENTION (ATUPA) SERVICES; AUTHORIZING ACCEPTANCE AND APPROPRIATION OF FUNDS
TO
HEALTH DEPARTMENT ACCOUNTS
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. This
Board authorizes the Public Health Director to contract with the New York State
Department of Health for the renewal of Adolescent Tobacco Enforcement and
Prevention (ATUPA) services for the period October 1, 2009, to September 30,
2010.
2. That the sum of $29,891 in funds from
the New York State Department of Health for use in providing Adolescent Tobacco
Enforcement and Prevention services, is accepted.
3. That the accepted sum of $29,891 is
appropriated as follows: $16,600 to
Account No. A4051.4 (Tobacco Awareness – Contractual), $13,291 to Account No.
A4010.1 (Health Department – Personnel) with a like sum credited to Revenue
Account No. A10.3450.04 (State Aid – Tobacco Awareness).
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Reynolds 14
Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 244-09 included:
Legislator O’Grady questioned if the $13,291
goes toward personnel and whether there was an employee dedicated just to this
program. Mr. Margeson responded that
there isn't an employee all of whose time is dedicated to this, but there are
employees in the Health Department who, over the course of the year, will work
in the program, and that’s what the $13,291 is for – to reimburse the cost of
their time in this program.
Legislator Reynolds asked if the County still
pays young people to try to buy cigarettes and that kind of thing for
enforcement. Health Director Lori
Ballengee replied that they do get a small stipend for that.
RESOLUTION
NO. 245-09
APPROVAL OF AGREEMENT WITH
COVENTRY-INGENIX FOR
MANDATORY INSURER REPORTING
SERVICES
Offered by:
Personnel and Ways and Means Committees
WHEREAS, Coventry-Ingenix will assist the County in complying with
the Mandatory Insurer Reporting (MIR) section of the Medicare, Medicaid and
SCHIP Extension Act, and
WHEREAS, all self-insured employers, workers’ compensation and
liability insurers are required to comply with the MIR requirements beginning
October 1, 2009, and
WHEREAS, new Federal regulations require electronic reporting with
many technical requirements that make it impractical for the County to complete
these tasks in-house, and
WHEREAS, there is an implementation fee of $1,000 and an annual fee
of $3,000, plus approximately $61,000 for other miscellaneous fees, creating a
total cost of approximately $65,000 for the first year of the
Coventry-Ingenix’s contract, with these costs to be charged to the Mutual Self-Insurance
Plan Account No. S1710.430 (Consulting Service), now, therefore, be it
RESOLVED:
1. That the Agreement between the
2. That the Chairman of this Board is
authorized to execute such Agreement.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Fanton 13
Ayes, 1 No, 1 Absent
Voting
No: Kruger
Comments made regarding Resolution No. 245-09 included:
Legislator Ungermann noted that this is
another issue that there’s no way around.
We're looking at a cost of $65,000 because someone changed the rules for
workers’ comp.
Legislator Kruger referred to a statement in
the resolution that reads, "New federal regulations require electronic
reporting with many technical requirements that make it impractical for the
County to complete these tasks in-house."
Mr. Kruger asked where we are lacking, technically. Chairman Crandall noted that this resolution
came before the Board about six weeks ago and was sent back to committee for
further review. The issue was explored
by Self-Insurance Executive Secretary Doug Dillon, and a lot of discussion took
place in committee. This resolution is
where we are now.
After verifying that this was just a one-year
contract, Legislator Ungermann suggested that we work to see if we can do this
in-house.
Legislator Pullen commented that workers' comp
cases involve a very specialized field of activity. What is happening with the new regulations is
that the state and federal government are seeking to recover funding and also
to limit payments out. They have passed
down much of the responsibility for the cases to the County. Mr. Dillon has explained that it will require
very specialized training and understanding of workers' comp rules to deal with
these issues of allocation, responsibility, costing out, and lump-sum
settlements. We’re not just talking
about a programming issue, although that’s part of what this company does, but
also evaluation and analyzing eligibility and entitlement, and applying the
rules to costing that settlement proposal out.
Mr. Pullen stated that he doesn’t believe there is anybody in the
County, other than Mr. Dillon, who has that background, and Mr. Dillon has said
that this transcends the background he has.
We do have attorneys on retainer that will get involved if it comes to a
point of an actual dispute, but this represents a new initiative that will
hopefully result in savings long term, but short term it will increase the
burden. It’s not primarily the computer
programming hit that we will experience; it’s the evaluation and analysis, as
well as inputting the data for years of benefits that have been paid to
determine if there is a recovery that has to be paid to Medicare and other government
programs. This is one of those areas
that requires specialized background and training, and the proposed agreement
is the most cost-effective way to proceed.
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 Reynolds, seconded by Legislator Truax and adopted on a roll call
vote of 12 Ayes, 2 Noes, 1 Absent, that the audit of claims, totaling $3,905,972.28,
including prepaid expenses, be approved for payment as recommended by the
County Administrator (opposed: Kruger,
Ungermann). (
ADJOURNMENT: The meeting was adjourned at 3:05 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried.