ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

JUNE 8, 2009

 

** APPROVED **


CALL TO ORDER:  The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall.

 

PLEDGE OF ALLEGIANCE TO THE FLAG:  The Pledge of Allegiance was led by Ralph A. Coates, former United States Army Sergeant.

 

INVOCATION:  The Invocation was given by Legislator Pullen.

 

ROLL CALL:  15 Present; 0 Absent.

 

APPROVAL OF MINUTES:

 

            The Committee of the Whole meeting (health insurance presentation) minutes of May 11, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried.

 

            The Board meeting minutes of May 26, 2009 were approved on a motion made by Legislator Hopkins, seconded by Legislator Fanton and carried.

 

            The Committee of the Whole meeting (Alfred State College presentation) minutes of May 26, 2009 were approved on a motion made by Legislator McCormick, seconded by Legislator Fanton and carried.

           

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall presented a certificate to Ralph A. Coates, former United States Army Sergeant, in grateful appreciation of his service to our Country.  Mr. Coates’ service dates were from November 1942 to November 1945.  Battles or conflicts he was involved in were in Northern France, Rhineland, and the Liberation of France and Germany.  Early in 1945, Mr. Coates was wounded and spent time as a prisoner of war.  Commendations he received included:  Combat Infantry Badge, Purple Heart Medal, WWII Victory Medal, and American Campaign Medal.  Mr. Coates led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.

 

            Chairman Crandall granted privilege of the floor to the following:

 

            Timothy Bigham, NYS Farm Bureau Field Advisor, addressed the Board regarding agricultural issues.  The Farm Bureau is currently fighting against proposed state legislation that would result in the loss of hundreds of jobs in Western New York.  The proposed laws require that farmers pay overtime when farm workers put in more than an eight-hour day.  Unable to afford overtime, farms will either cut back on production or go out of business altogether.  The workers will lose jobs rather than earn overtime pay. 

 

            Mr. Bigham also noted that the recession has hit farmers very hard.  Costs for processing foods and delivering them to market are passed through to the consumer, but some costs are passed back to the farmer, such as charging farmers stop charges for milk pick-up.  Food prices are relatively high, yet farmers aren’t seeing better incomes.  Farm expenses such as fuel, feed, fertilizer, and property taxes seem to climb every year.  Farming is unsustainable at the rate things are going.  Farm costs are escalating far faster than product values, which in many cases are dropping rather than rising. 

 

            Farm Bureau is requesting assistance from the Board of Legislators by:  1.) continuing to contact the Farm Bureau for input when agricultural issues are considered; 2.) trying to decrease the property tax burden for farmers where possible; 3.) doing whatever is possible to help the agricultural infrastructure in the County, including support of the agricultural components of our colleges, improved broadband access to rural areas, support of the Empire Zone concept for agricultural businesses, and providing good roads and bridges and laws that don’t negatively impact agricultural operations. 

 

            Legislator Ungermann asked Mr. Bigham about the impact of NYS Department of Transportation laws on agriculture.  Mr. Bigham replied that the state is looking for money wherever they can find it through fines, fees, and permits, and they have been cracking down.  There is an impact.  Mr. Bigham noted that, in defense of the DOT, they did contact him recently asking about the agricultural impact of work on a particular bridge and what they could do to improve it.

 

            Legislator Reynolds questioned if the Farm Bureau wanted a resolution opposing the proposed state bills.  Mr. Bigham noted that the matter will be resolved in a couple of days, but phone calls would help.  The bill numbers are S.2247 and S.5212.

 

            Legislator McCormick commented that the Farm Bureau’s opposition to the proposed law is saying, in effect, that if a farm worker puts in more than eight hours in a day, he shouldn’t get overtime.  What other sector would expect that?  Mr. Bigham responded that some farmers have been putting workers on salary.  The fact is that when farmers are faced with costs they can’t pay, and they’re already paying out more than they’re bringing in, they will fold up the farm.  So instead of having eight hours pay, the worker will have nothing.

 

            Legislator Hopkins noted that we compete with every other state.  If they don’t have regulations, it puts our farmers at a disadvantage.  If we lose that, we lose our infrastructure, and we lose everything.  The fear is the competition with the other states; that’s where the problem is.

 

            Andrea Finch, 45th Allegany County Dairy Princess, reported on some of her duties as Dairy Princess.  Ms. Finch has done educational presentations for elementary school students and parents on the importance and benefits of consuming more dairy products, and she’s been involved in local promotional programs.  The Dairy Princess has spoken and taken part in school programs, an FFA event, parades, and a radio interview promoting the “three-a-day” program.  (Milk punch and cheese and crackers were made available in the hallway outside of the Chambers.)

 

            County Administrator John Margeson presented information on some of the common actions that the Board of Legislators deals with at their meetings.  Mr. Margeson noted that the list (included below) is essentially a historical perspective of present and past Boards’ practice, and it was put together in response to some recent concerns.

 

            (1.)      Motion to adopt a pre-filed Resolution

                        (a)       Requires a second.

                        (b)       Requires opportunity for discussion/debate.

                        (c)        Requires 8 affirmative votes to adopt.  Certain pre-filed Resolutions

                                    require 10 affirmative votes to adopt (i.e. Bond Resolutions).

 

            (2.)      Motion to consider a Resolution that has not been pre-filed

                        (a)       Requires a second.

                        (b)       Requires 10 affirmative votes to pass.  The Presiding Officer may allow

                                    the Motion to Consider to be acted on by voice vote.

                        (c)        Any member may raise a Point of Order and request that the Presiding

                                    Officer “call the roll.”

 

            (3.)      Motion to Place on the Table

                        (a)       Can be made only after Resolution has been moved and seconded for

                                    consideration.

                        (b)       A motion to Place on the Table requires a second, is not debatable, and

                                    requires 8 affirmative votes to pass.

 

            (4.)      Motion to Remove from the Table

                        (a)       Requires a second, is not debatable, and requires 8 affirmative votes to

                                    pass.

 

            (5.)      Motion to Withdraw a Resolution

                        (a)       Is made only after the Resolution has been moved and seconded for

                                    consideration.

                        (b)       Is subject to debate/discussion.

                        (c)        Requires 8 affirmative votes to pass.

                        (d)       The Motion to Withdraw a Resolution may contain a Subsidiary Motion

                                    such as committing or referring the Resolution back to the sponsoring

                                    Standing Committee for potential amendment and/or re-introduction.

 

            (6.)      Motion to Refer a Resolution to a Standing Committee

                        (a)       Is made after the Resolution has been moved and seconded.

                        (b)       The Motion to Refer the Resolution to a Standing Committee requires a

                                    second, is debatable, and requires 8 affirmative votes to pass.

 

            Legislator Ungermann questioned if items 3 through 6 required roll call votes or if the Chairman had the option.  Mr. Margeson stated that the Chairman has the option, but normally a voice vote is done.  Any Board member may ask the Chairman for a roll call vote. 

 

            Legislator Dibble suggested referring the information on to the Ways and Means Committee.  Chairman Crandall noted that the purpose of presenting the information was to clarify past practice, and referring it to Ways and Means would clear up the terminology and incorporate it into the Board Rules.  Legislator Ungermann commented that his newer copy of Robert’s Rules states that any time a two-thirds vote is required, it should never be voice voted.  Legislator Reynolds questioned if the Board Rules supersede Robert’s Rules.  County Attorney Thomas Miner replied that they do, but most of what is being done with this information is clarifying past practice.  This will formalize it.  Referred to Ways and Means.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

Copies of the following were placed on each Legislator’s desk:

 

            1.         Report of Intrafund Transfers Approved by the County Administrator in May.

 

The following communications were also acknowledged:

 

            1.         A plaque from ACCORD Corporation in appreciation for the Board’s commitment and support was accepted by Legislator William Hall on the Board’s behalf at a recent meeting on May 21.

 

            2.         Mercy Flight’s 2008 Annual Report along with correspondence thanking the Board for its support.

 

            3.         Southern Tier West Regional Planning & Development Board meeting minutes from May 15 and a meeting notice for June 25.

 

            4.         Correspondence from NYSDOT Regional Planning and Program Manager Brian Kelly identifying projects submitted under the American Recovery and Reinvestment Act (ARRA) that did not receive funding.

 

            5.         Correspondence from the NYS Office of Parks, Recreation and Historic Preservation Deputy Commissioner Erik Kulleseid indicating that the County did not receive funding for the Cuba Landmark Connections to Greenway Project under the OPRHP Recovery Act funding; however, the project may qualify for funding under the Environmental Protection Fund if they wish to pursue it.

 

            6.         Notice of next InterCounty Association meeting to be hosted by Yates County in Dundee on June 19.

 

            7.         The annual Legislators’ Clambake has been scheduled for July 31 at Island Park in Wellsville from 1-6 p.m. 

 

            8.         Correspondence from Cynthia Ungermann-Gowiski in opposition to Resolution Intro. No. 107-09 authorizing the purchase of property from Charles and Gloria Tronetti.

 

INTRODUCTION OF LEGISLATION:

 

            Legislator Karl Kruger introduced Local Law Intro. No. 1-2009, Print No. 1, entitled “A Local Law Amending Local Law No. 3 of the Year 1993 Providing for a Reduction in the Size of the Allegany County Board of Legislators from Fifteen Members to Ten Members,” a copy of said proposed Local Law having been placed on each legislator’s desk.

 

RESOLUTIONS:

 

            RESOLUTION INTRO. NO. 105-09 (RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF THE YEAR 1993 PROVIDING FOR A REDUCTION IN THE SIZE OF THE ALLEGANY COUNTY BOARD OF LEGISLATORS FROM FIFTEEN MEMBERS TO TEN MEMBERS) was REFERRED TO THE WAYS AND MEANS COMMITTEE following a motion made by Legislator Reynolds, seconded by Legislator Pullen and carried on a roll call vote of 10 Ayes, 5 Noes, 0 Absent.  (Voting No:  Kruger, McCormick, O’Grady, Russo, Ungermann.)

 

Comments made regarding proposed Resolution Intro. No. 105-09 prior to its being referred included:

 

Legislator Ungermann noted that a petition drive to reduce the size of the legislature was performed and turned in a number of years ago.  At that time, the requested reduction was from fifteen to five.  The public has said repeatedly that the legislature is too large for the number of people it serves.

 

Legislator McCormick pointed out that this resolution is only asking for a public hearing on the topic.  The argument is that the legislative body would be as responsive with ten members as with fifteen, but then we may hear just the opposite.  We should offer the opportunity for comment, although there are a lot of details not yet worked out legislatively.

 

Legislator Pullen listed his concerns on this issue.  A reduction in the number of legislators also reduces the representation of each citizen.  How large should the Board be?  This proposal for a reduction to ten is one possible solution, a prior proposal by the Committee of 44 suggested five, and he’s heard seven and nine.  Mr. Pullen noted that he has also heard concerns on the terms of legislators and whether they should be left at four years, shortened or lengthened, or changed to staggered terms.  One of the most significant, common arguments for reducing the number of legislators is to save money, but the proposal by the Committee of 44 would have set a salary of $40,000, greatly increasing the cost over the current pay.  Depending on the number of members, fewer would have to spend more time.  The way things are now, Mr. Pullen commented that he consistently spends 30-50 hours per week on his legislative duties, and he’s able to because he’s self-employed.  Are we saying that only those who are retired, wealthy, or self-employed can serve at this job?  That would be a tragedy, because legislators should be in similar circumstances as those they serve.  Decreasing the number of members would make it a full-time job and would reduce the pool of interested citizens that could run.  Mr. Pullen also pointed out that with the number of issues requiring a two-thirds vote, he would support a reduction to nine members (with six votes needed in these circumstances) over a reduction to ten (with seven votes needed) due to the increased chances for deadlocks.  These are all significant issues.  The voters should have a say, but it needs to be thoroughly considered and then brought to the voters.  Also, this proposal wouldn’t have an impact until 2013, and that brings up the issue of the census.  After the 2000 census, the County had to redistrict, and we don’t know what will happen in 2010.  We probably will know in one to two years, which would favor time for deliberation on what’s best for the County.  Although not opposed in principle, Mr. Pullen prefers sending the matter to Ways and Means for thorough deliberation

 

Legislator Reynolds commented on the large number of hours and intense effort that legislators often put in on particular issues, and gave as an example the time spent by Legislators Pullen and Ungermann on court facilities issues.  Almost every day, Mr. Reynolds does something for his legislative job or his constituents.  The position would become full-time if the number of legislators is reduced to ten or less.  The Committee of 44’s intent was to go to five full-time legislators with a salary of $40,000.  Mr. Reynolds’ concern would be with the lower number, where their loyalties would lie – with the average person, or the bigger entities.  Mr. Reynolds voiced his appreciation for the other representatives in his district, each with different experiences.  He also felt the matter should go to committee prior to a public hearing, because we need to know all the ramifications first.

 

Legislator Kruger referred to a comparison he did for legislative expenses, particularly the average cost for each resolution.  Ten may not be the best number of legislators, but this matter is on the floor, and we’re talking about a way of cutting the cost of government for the taxpayers.  There will be time for amendments.  For four years Mr. Kruger has been waiting for the Board to do something to cut costs.  This is not the first time for this idea, and we may find out the public isn’t happy with the proposal, but as long as we do nothing, that’s what we’ll get.  Instead of waiting for the committee referral and the chance that nothing will happen, Mr. Kruger felt the matter should be moved forward in order to give the taxpayers something in the way of cost savings during this term.  Discussions and the amendment process can take place and we can go from there.

 

Legislator O’Grady questioned the process following the public hearing.  County Attorney Thomas Miner replied that the next step would be Board approval of a resolution, and from there the matter would go on to the ballot for public voting.  Legislator Pullen asked that if amendments were proposed after a public hearing takes place, whether another public hearing would be needed on the amendments.  Mr. Miner noted that he would research that.

 

Legislator Ungermann did not support the referral to committee due to the lack of a time limit for action.  He felt that the public hearing should be held to allow the public to voice their ideas and thoughts.  This resolution doesn’t approve the reduction, it just sets the date for the public hearing.

 

Legislator Hopkins commented that even though the proposal is up for consideration now, it needs to be discussed.  There’s the matter of representation, and we’d be voting to give some of that up.  The Ways and Means Committee and the entire Board needs to give input.

 

Legislator Reynolds pointed out that the referral to committee was not intended as a way to delay the proposal.  The public, as well as any legislator, can attend the Ways and Means Committee meetings.  The Board wants the people’s will to be done, but they have to understand what they are voting on.

 

RESOLUTION NO. 98-09

 

RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO APPLY FOR

NEW YORK STATE DEPARTMENT OF TRANSPORTATION/

AMERICAN RECOVERY AND REINVESTMENT ACT GRANT FUNDS;

RATIFYING COUNTY ADMINISTRATOR’S PREVIOUS SIGNATURE ON

APPLICATION FOR FUNDING AND PERMITTING COUNTY ADMINISTRATOR TO EXECUTE ANY FUTURE CONTRACTS BETWEEN THE COUNTY AND

NEW YORK STATE DEPARTMENT OF TRANSPORTATION;

APPROPRIATION OF FUNDS

 

Offered by:  Ways and Means Committee

 

            WHEREAS, the County of Allegany is applying for a New York State Department of Transportation/American Recovery and Reinvestment Act grant in the amount of $420,000 to be used for the purchase of six (6) buses to replace aging buses used in the County Public Transit System, and

 

            WHEREAS, such appropriated funds will be placed in Revenue Account No. A11.4589.STIM, now, therefore, be it

 

            RESOLVED:

 

            1.         That the County Administrator is authorized to apply for a New York State Department of Transportation/American Recovery and Reinvestment Act grant in the amount of $420,000.

 

            2.         That this Board of Legislators authorizes the County Administrator to execute, by his signature, any future contracts between the County of Allegany and the New York State Department of Transportation.

 

            3.         That the signature by the County Administrator on a previous application for funding is ratified.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

(Memo:  The funds referred to in Resolution No. 98-09 require no local share contribution.)

 

Comments made regarding Resolution No. 98-09 included:

 

Legislator O’Grady questioned if obtaining the grant for the new buses obligated the County in any way, as he understood the goal of putting the transit system under the new task force and the agreement with Arc would eventually allow the County to back out.  Legislator Hall explained that the goal of those agreements was to bring in more funding.  Opening up the Arc buses to the public allows us to receive STOA money to offset costs.  We still need to provide transportation, and this resolution allows the County to obtain funding for the buses.  Chairman Crandall noted that other agencies can’t directly apply for and receive these funds.  He also explained that at first the County was just a pass-through for funding.  Now since local costs have increased, the task force is attempting to reduce the local share.

 

Legislator Ungermann questioned if the County had any obligation for purchasing the buses if we don’t receive the grant.  County Administrator John Margeson stated that there is no obligation.  If no funding is received, there will be no buses purchased.  The money is federal stimulus American Recovery and Reinvestment Act funds.

 

 

            RESOLUTION INTRO. NO. 107-09 (AUTHORIZING THE PURCHASE OF PROPERTY FROM CHARLES AND GLORIA TRONETTI  LOCATED IN BELMONT, NEW YORK) was TABLED following a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried.

 

 

RESOLUTION NO. 99-09

 

APPROVAL OF LEASE OF LAND TO VALLEY VIEW DAIRY, INC.

TO BE USED FOR AGRICULTURAL PURPOSES ONLY

 

Offered by:  Ways and Means Committee

 

            WHEREAS, the County desires to lease County land for agricultural purposes only, now, therefore, be it

 

            RESOLVED:

 

            1.         That the Lease of County Land between the County of Allegany and Valley View Dairy, Inc. for approximately 15 acres of land south of the Allegany County Jail and Public Safety Facility on State Route 19 is approved.

 

            2.         That the Chairman of this Board is authorized to execute said Lease.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

(Memo:  The lease approved by Resolution No. 99-09 is for the period ending December 31, 2009.)

 

RESOLUTION NO. 100-09

 

APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT TO

CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING

 

Offered by:  Human Services Committee

 

Pursuant to Resolution No. 221-74

 

            RESOLVED:

 

            1.         That the appointment of William Emrick of Scio, New York as a member at large to the Citizens Advisory Council to the Office for the Aging effective January 1, 2009 and expiring December 31, 2011, is confirmed.

 

            Moved by:  Mr. Truax                                                                              Adopted:  Voice Vote

            Seconded by:  Mr. Pullen

 

RESOLUTION NO. 101-09

 

A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE

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 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.         Department of Environmental Conservation;  Parcel 130.-1-1.8

                        Assessment:  Land $7,100 Total $7,100

 

this parcel was purchased by New York State and is wholly exempt, and the County Treasurer is directed to make the following charge back:

 

Allegany County

$121.43

Town

88.40

Fire

7.81

School Relevy

144.00

Total

$361.64

 

 

 

            5.         That the Tax Collector of the Town of Birdsall 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.         State of New York;  Parcel 58.-1-23

                        Assessment:  Land $89,200 Total $89,200

 

this parcel should not have received a County Tax, and by correcting the taxes, as follows:

 


 

Allegany County

$    0.00

Town

622.70

Total

$622.70

 

and the County Treasurer is directed to make the following charge back:

 

Allegany County

$1,351.40

 

            b.         State of New York;  Parcel 300.-1-4

                        Assessment:  Land $461,490 Total $461,490

 

this parcel should not have been assessed on the roll, and the County Treasurer is directed to make the following charge back:

 

Allegany County

$     0.00

Town

3,221.62

Fire

377.34

Total

$3,598.96

 

 

            6.         That the Tax Collector of the Town of New Hudson is ordered and directed to correct in the 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.         Deming, Bruce;  Parcel 129.-1-21

                        Assessment:  Land $4,400 Total $4,400

 

this parcel should have been on the Tax Roll under Section 8 as wholly exempt, and the County Treasurer is directed to make the following charge back on her books:

 

                                                                                                             2008

Allegany County

$66.00

Town

56.82

Fire

5.50

School

86.84

Total

$215.16

 

            b.         Deming, Bruce;  Parcel 129.-1-21

                        Assessment:  Land $4,400 Total $4,400

 

this parcel should have been on the Tax Roll under Section 8 as wholly exempt, and the County Treasurer is directed to make the following refund on her books:

 


 

 

2008-2009

2009

Allegany County

 

$73.83

Town

 

61.09

Fire

 

5.60

School

$76.89

 

Library

1.84

 

Total

$78.73

$140.52

 

            7.         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.

 

            8.         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 County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2010.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

RESOLUTION NO. 102-09

 

INCREASING APPROPRIATION AND REVENUE ACCOUNTS IN

THE COUNTY ATTORNEY’S OFFICE

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That County Attorney’s Account No. A1420.432 (County Attorney – Contractual) and Revenue Account No. A09.2801.22 (Special Counsel DSS) are increased by $30,000.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

(Memo:  The account increases approved by Resolution No. 102-09 cover DSS special counsel fees incurred under contract for Support Collection.  This raises the total in that account to $50,000.  Last year’s budget request was for $30,000 less than the previous year’s budget.  At the time, it was projected that these legal services could be provided in house, with the proviso that subsequent developments might make this option undesirable.  Subsequent to that request, some issues were resolved, while the need for DSS legal services proved greater than anticipated.  Although the Ways and Means Committee was advised toward the end of last year that the County Attorney’s office would need to continue with the contract attorney, the budget implications were not addressed.  Services provided DSS, whether in house or pursuant to contract with outside counsel, are billed to DSS and thus the revenue will be received from DSS.  Amounts billed to DSS are submitted to the state for reimbursement with the local share amounting to 18 percent.  The outside counsel rate is billed at $60 per hour, while in house counsel is at $75 per hour.  Assuming the time commitment to perform the legal services to be the same whether using the contract attorney or in house attorney, the savings to the County by way of the DSS budget would amount to 18 percent of $7,500, or $1,350.)

 

RESOLUTION NO. 103-09

 

TRANSFER OF FUNDS WITHIN OFA - SPOE PERSONNEL SERVICES ACCOUNT

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That the sum of $3,000 is transferred from Account No. A6787.1 (Personnel Services) to Account No. A6787.8 (Employee Benefits) to cover unbudgeted 2009 health insurance premiums.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

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

 

Comments made regarding Resolution No. 103-09 included:  Legislator Kruger questioned the change, and Office for the Aging Director Kimberley Toot responded that an employee was previously covered on the spouse’s health insurance, and when the spouse lost his/her job, the employee needed to pick up insurance.  It is a 100 percent state funded position.

 

RESOLUTION NO. 104-09

 

TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO

PUBLIC WORKS CONTRACTUAL EXPENSES ACCOUNT

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That the sum of $40,000 is transferred from Account No. A1990.4 (Contingent) to Account No. A3152.412 (Public Works – Contractual), for installation of air clarifiers in the Allegany County Jail and Public Safety Facility.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

(Memo:  The transfer approved by Resolution No. 104-09 was needed for modifications to the air handling system in one of the pods at the County Jail, including equipment, installation, balancing, and commissioning.  The current system in unable to properly cool and control the humidity within the Jail.  The other four pods will be addressed in the 2010 Budget.)

 

 

            RESOLUTION INTRO. NO. 114-09 (APPROVAL OF VENDOR LICENSE AND ITS ISSUANCE TO JEFFREY BURR BY THE BOARD CHAIRMAN FOR RETAIL FOOD VENDING AT THE RUSHFORD LAKE BEACH AREA LEASED BY THE COUNTY OF ALLEGANY FROM THE RUSHFORD LAKE DISTRICT) was TABLED following a motion made by Legislator Dibble, seconded by Legislator Truax and carried.

 

 

RESOLUTION NO. 105-09

 

APPROVAL OF AGREEMENT WITH APPROVED PROVIDER OF PROGRAMS, SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That Agreement titled "County of Allegany Contract for Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with Cattaraugus-Allegany Board of Cooperative Educational Services, for the period September 1, 2008 to August 31, 2009, is approved.

 

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

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Kruger                                                                 14 Ayes, 1 No, 0 Absent

                                                                                                                           Voting No:  Ungermann

 

Comments made regarding Resolution No. 105-09 included:

 

Legislator Ungermann questioned the cost of $300,000 to $400,000 and noted that often there’s a tendency to rubber stamp these contracts whether the provider is qualified or not.  It drives the cost up.  He asked if the County had any control or if there are any rules for eligibility.  Legislator Truax explained that the program is state mandated, and they set the rules.  The program should be under the state educational system, not under the Department of Health.  The County is very limited with what they can do about the costs.  Legislator Pullen noted that the state pays a smaller percentage for this program than for schools, so it reduces their bill and increases ours.  The program is still controlled by the Committee for Special Education, and there are people trying to reduce costs.  Within the present rules, the County is doing a good job.  Public Health Director Lori Ballengee commented that the County has no say on the program.  The schools decide who receives services and we pay.

 

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 Fanton and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $2,923,706.02 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 $3,633,562.)

 

ADJOURNMENT:  The meeting was adjourned at 3:33 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried.