ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

 

NOVEMBER 23, 2009

 

** APPROVED **


 CALL TO ORDER:  The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.

 

PLEDGE OF ALLEGIANCE TO THE FLAG:  The Pledge of Allegiance was led by active United States Army 1st Lieutenant Trenton K. Roeske.

 

INVOCATION:  The Invocation was given by Legislator Pullen. 

 

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

 

APPROVAL OF MINUTES:

 

            The Committee of the Whole (Budget discussion) meeting minutes of November 9, 2009 were approved on a motion made by Legislator Pullen, seconded by Legislator Dibble and carried.

 

            The Board meeting minutes of November 9, 2009 were approved on a motion made by Legislator Truax, seconded by Legislator Fanton and carried.

 

            The 2010 County Tentative Budget Public Hearing minutes of November 12, 2009 were approved on a motion made by Legislator Truax, seconded by Legislator Hopkins and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall presented a certificate to Trenton K. Roeske, United States Army 1st Lieutenant, in grateful appreciation of his service to our Country.  Mr. Roeske’s service dates are May 2008 to the present.  Bases and assignments include Fort Lewis, WA; Fort Knox, KY; Fort Sill, OK; Fort Benning, GA; Fort Leonard Wood, MD; Fort Drum, NY; Connecticut St. Armory in Buffalo, NY; and Hohenfels, Germany.  Commendations Mr. Roeske received include: State Active Duty Ribbon, Overseas Training Ribbon, National Defense Service Ribbon, and Army Service Ribbon.  Mr. Roeske led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

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

 

            1.         December 2009 Calendar.

 

            2.         Report of Intrafund Transfers Approved by the County Administrator in October.

 

            3.         2010 Allegany County Budget (contingent on approval of Resolution Intro. No. 223-09).

 

The following communications were also acknowledged:

 

            1.         The Town of Caneadea filed a copy of their resolution adopting a Comprehensive Plan in the Clerk of the Board’s Office on November 16, 2009.

 

            2.         Correspondence forwarded by the Friendship Empire Zone from Senator Catharine Young regarding changes made to the Empire Zone during the 2009-10 New York State Budget.

 

            3.         Correspondence from Gary LaChance of Centerville regarding Amish buggies on County Road 3 in Centerville.

 

            4.         Correspondence from the Allegany Senior Foundation thanking the Board for its contribution and ongoing support.

 

            5.         Copy of correspondence from Dutchess County Executive regarding the use of Project Labor Agreements for county projects.

 

            6.         Correspondence from Donald Fanton of Wellsville regarding the November 12 Public Hearing on the 2010 Tentative Budget.

 

RESOLUTIONS:

 

RESOLUTION NO. 208-09

 

RESOLUTION AMENDING RESOLUTION NOS. 258-85, 259-06, AND 142-09

REGARDING RETIREE HEALTH INSURANCE

 

Offered by:  Personnel Committee

 

            RESOLVED:

 

            1.         That paragraph “2.” of Resolution No. 259-06, as amended by Resolution No. 142-09, is hereby amended to read as follows:

 

That all new employees hired after January 1, 2010, will not receive any health care benefits after their retirement.  Employees who are hired before the January 1, 2010, date and who receive a lateral transfer from a unit to a non-unit or Department Head position, will continue to receive health insurance upon retirement.

 

            2.         That sub-paragraph (3) of section 14.H. of Resolution 258-85 is also hereby amended to read as follows.

 

That all new employees hired after January 1, 2010, will not receive any health care benefits after their retirement.  Employees who are hired before the January 1, 2010, date and who receive a lateral transfer from a unit to a non-unit or Department Head position, will continue to receive health insurance upon retirement.

 

            3.         That this resolution shall take effect immediately.

 

            Moved by:  Mr. Hall                                                                                      Adopted:  Roll Call

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

                                                                                                                                   Voting No:  Kruger

 

Comments made regarding Resolution No. 208-09 included:

 

Legislator Kruger expressed his belief that some of the resolution’s language is part of collective bargaining agreements, and the Board would be guilty of improper practice and failure to bargain in good faith if the resolution is approved.  Anything contained in collective bargaining agreements has to be negotiated for.  For 20 years, the County has been reducing benefits of new employees (vacation time, health insurance contributions), and this is one more example.  We could find ourselves in a position where it will be difficult to hire qualified individuals.  The only reason for doing this is saving money, but that shouldn’t be the only consideration.  Chairman Crandall noted that the resolution doesn’t change the language in any bargaining agreement.

 

Legislator Pullen pointed out that the County is currently in negotiations with every collective bargaining unit.  This issue has been brought up with each of them, and it’s understood and has been explicitly addressed that even though it doesn’t appear in any of the agreements, it has always been this policy.  County leadership is well aware that we have to negotiate to change it, but it begins here and would apply to anyone not in a bargaining unit.

 

RESOLUTION NO. 209-09

 

RESOLUTION APPROVING THE COMPENSATION OF UP TO SIXTEEN

FIELD TRAINING OFFICERS (FTO) EMPLOYED BY THE ALLEGANY COUNTY SHERIFF’S OFFICE WHEN PARTICIPATING IN THE FIELD TRAINING PROGRAM

 

Offered by:  Public Safety and Ways and Means Committees

 

            RESOLVED:

 

            1.         This Board approves an additional $500 stipend per year compensation for up to sixteen Field Training Officers (FTO) employed by the Allegany County Sheriff’s Office when they participate in the Field Training Program.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                             11 Ayes, 3 Noes, 1 Absent

                                                                                       Voting No:  Kruger, McCormick, Ungermann

 

(Memo:  The stipend approved by Resolution No. 209-09 reflects will reflect the additional duties assigned to Field Training Officers during training periods, as well as having to perform their regular duties.)

 

Comments made regarding Resolution No. 209-09 included:

 

Legislator Reynolds explained that Field Training Officers train new Correction Officers, and after doing that awhile, it can get tiresome because it changes their entire schedule.  The Sheriff had proposed additional compensation for the extra work involved to train the new people, and Legislator O’Grady suggested the flat-rate stipend, in order to help retain FTOs.  Mr. O’Grady clarified that he had suggested a stipend between $250 and $500, rather than adding to an hourly wage, to eliminate base-pay and overtime issues.  Mr. O’Grady explained that FTOs train new employees every shift, and it does wear on them after years of doing it.  You could make them do it and not compensate them for it, but it’s a matter of quality.

 

Legislator Kruger questioned if the Sheriff’s office is accredited by any NYS agency to allow them to do their own training.  He was concerned that if we have an FTO job position, whether they are certified to do the training to begin with.  Mr. O’Grady responded that the state gives training and certification through the Division of Criminal Justice Services.  You don’t have to be an accredited agency to supply field training for your officers.  They are certified officers.  Mr. Kruger stated that they may be certified to perform their own duties as officers, but he didn’t believe that certification also allows them to train.  Mr. O’Grady stated that it does.

 

RESOLUTION NO. 210-09

 

AMENDMENT OF 2010 COUNTY TENTATIVE BUDGET

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That the 2010 County Tentative Budget dated October 2, 2009, is amended as follows:

 

Appropriations:

 

Account No.               Account                                  Amendment

A1990.429                 Contingent                             Change from $1,000,000 to $850,000

A9560.904                 Interfund Transfer                  Change from $583,322 to $933,322

H5120.200                 Maintenance of Bridges       Change from $0 to $350,000 (New Account)

 

Revenues:

 

Account No.               Account                                  Amendment

A15.599.00                Approp. Fund Balance         Change from $500,000 to $700,000

H12.5031.5120         Interfund Revenue                 Change from $0 to $350,000 (New Account)

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

                                                                                                                                   Voting No:  Kruger

 

Comments made regarding Resolution No. 210-09 included: 

 

Legislator O’Grady questioned if the amendments were related to additional funds for bridge repair as discussed at the November 9 Committee of the Whole meeting.  Chairman Crandall responded that they were.  Although the bridge is not specified, this amendment adds money to an account to be used for bridges.

 

RESOLUTION NO. 211-09

 

ADOPTION OF 2010 COUNTY FINAL BUDGET

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That the 2010 County Tentative Budget dated October 2, 2009, as amended and revised, is adopted as the 2010 County Final Budget.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

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

 

Comments made regarding Resolution No. 211-09 included:

 

Legislator Kruger stated that when the Legislators came into office in 2006, they promised the taxpayers to do their best to decrease the size of government, but they’ve done nothing but increase it.  He hasn’t supported a Budget yet, and this one is no different.  Spending is running away, and resolutions to save money aren’t even seriously considered.

 

Legislator Ungermann read a prepared statement: 

 

“In September, I attended a meeting of Allegany County businesses hosted by the County Chamber.  Mr. McCormick and I were the only Legislators that attended.   Attendees from both Dresser-Rand and Alstom, as well as everyone else, expressed concern with our tax structure, not only for the businesses, but for the people they are trying to encourage to come here to run them.

 

Spending is going to increase by some $5 million over last year, yet we have fewer people working to pay the taxes.  We’ve never looked at any way to cut spending, yet Mr. O’Grady came with a whole list of things that maybe could be cut.

 

It seems to me that mostly what we get out of the economic development people is just moral support.  Everyone’s bragging about the expansion at Friendship Dairies, yet they moved operations here from PA because they were land-locked there.  They’ve got a better water supply here.  They were supposed to get a grant from the NYS Empire Zone for providing 40 jobs.  Well, they’ve hired 50 and never, as far as local management knows, have they received any grant money of any kind.

 

We seem to find money to buy houses on Court Street, but we can’t fix town bridges that are closed, such as the Haskins Road bridge in the Town of New Hudson.

 

We now have 97 real estate tax exemptions, leaving fewer and fewer people to pay the bills, yet we have not reviewed any of them for possible elimination.

 

I listen to complaints about clerical staff in one department, with one person having over 700 hours of overtime this year.  I’ve listened to numerous complaints about people using their vacation time and still selling it back to the County at the tune of $330,000 per year.  I’m glad to see that everyone in the State Retirement System will have to fill out time sheets starting January 1.  Wouldn’t time clocks for everyone be more efficient?  Am I the only one who notices that the parking lots around here are empty at 2 p.m. on a Friday afternoon?

 

I’m supposedly to blame for the creation of the new PEF Union.  These people haven’t gotten any raises; why should the rest of management?  Virtually all union contracts have expired.

 

Did anyone notice that the Farm Bureau sent their resolutions to us printed on both sides of the paper, just like the state does?  We can’t even conserve on the simple things!  (But after all, if we used both sides of the paper, I wouldn’t have any scrap paper to write this stuff on or to put in my fax machine.)”

 

Legislator O’Grady noted that the County is bringing in more money through assessments and is using some of the surplus fund balance from prior years, but we’re still increasing taxes.  It’s time to streamline the services we provide and decrease spending.  No one wants to do it.  When you compare Allegany, Steuben, and Cattaraugus Counties’ tax rates, it’s not a fair comparison, because although they offer the same services, there is also a larger tax base in the neighboring counties.  The only way to decrease taxes is to cut non-essential services.

 

Legislator Reynolds questioned whether all of the 97 tax exemptions that Mr. Ungermann referred to were particular to Allegany County, or if most of them were put in place by the state.  County Attorney Thomas Miner assumed most were state exemptions.

 

RESOLUTION NO. 212-09

 

RESOLUTION MAKING APPROPRIATIONS FOR THE

CONDUCT OF THE COUNTY GOVERNMENT FOR THE FISCAL YEAR 2010

 

Offered by:  Ways and Means Committee

 

            WHEREAS, this Board, by Resolution No. 211-09, has adopted a budget for the fiscal year 2010, now, therefore, be it

 

            RESOLVED:

 

            1.         That the several amounts specified in the 2010 County Final Budget in the column entitled “Final Budget 2010” be and they are appropriated for the objects and purposes specified.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

                                                                                                             Voting No:  Kruger, Ungermann

 

RESOLUTION NO. 213-09

 

RESOLUTION LEVYING TOWNS 2010 SHARE OF

ALLEGANY COUNTY MUTUAL SELF-INSURANCE PLAN

 

Offered by:  Ways and Means Committee

 

Pursuant to  § 67 (2) and § 71 of the Workers' Compensation Law

and § 13 of Local Law No. 3 of 2002

 

            RESOLVED:

 

            1.         That this Board levies the sum of $307,365 upon the taxable property of the Towns participating in the Allegany County Mutual Self-Insurance Plan, in the proportionate amount which each such Town is required to pay for such participation as determined by the provisions of Section 12 of Local Law No. 3 of 2002.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 


RESOLUTION NO. 214-09

 

APPROVAL OF APPORTIONMENT OF MORTGAGE TAX TO TAX DISTRICTS

AND AUTHORIZING WARRANT THEREFOR

 

Offered by:  Ways and Means Committee

 

Pursuant to Tax Law § 261 (3)

 

            RESOLVED:

 

            1.         That the Semi-Annual Report for the period April 1, 2009, through September 30, 2009, relating to Mortgage Tax Receipts and Disbursements, and the proposed distribution of such mortgage tax receipts therein, is approved.

 

            2.         That the Clerk of this Board is authorized and directed to execute a warrant of this Board to the County Treasurer directing her to distribute to the several tax districts in the County their respective share of such mortgage tax.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

RESOLUTION NO. 215-09

 

AUTHORIZING PAYMENT TO TOWNS AND VILLAGES FROM

ADDITIONAL MORTGAGE TAX FEE RETAINAGE BY COUNTY CLERK; APPROPRIATING FUNDS THEREFOR

 

Offered by:  Ways and Means Committee

 

            WHEREAS, by Resolution No. 214-2004 the County Clerk was authorized pursuant to Section 262 of the Tax Law to request and receive reimbursement from the State of New York for all of his necessary expenses incurred in the administration of the Mortgage Tax Program on behalf of the State of New York, and

 

            WHEREAS, it was the intent of this Board in adopting such resolution that the Towns and Villages of the County would not suffer any adverse financial consequences as a result of any increased retained expense reimbursement to the County Clerk, and

 

            WHEREAS, the County Clerk has received reimbursement of his necessary expenses incurred in the administration of the Mortgage Tax Program, and

 

            WHEREAS, this Board wishes to appropriate part of such reimbursement of necessary expenses received by the County Clerk for the administration of the Mortgage Tax Program to the Towns and Villages of the County, now, therefore, be it

 

            RESOLVED:

 

            1.         The amount of $25,905.48 is appropriated from Account No. A1410.432 (County Clerk – Contractual) and shall be distributed to the Towns and Villages of the County as follows:

 

                                    AMOUNT

                                    RETAINED BY

                                    COUNTY CLERK’S

                                    OFFICE FOR

                                    MORTGAGE             REBATE AMT       REBATE AMT

TOWNS                     TAX FEE                   TO TOWN               TO VILLAGE         VILLAGES

 

Alfred                            2,312.92                     1,858.67                        454.25            Alfred

Allen                                 361.25                        361.25                                               

Alma                                 317.64                        317.64                                               

Almond                         1,943.54                     1,792.62                        150.92            Almond

Amity                             1,118.89                        936.28                        182.61            Belmont

Andover                        1,132.69                        925.76                        206.93            Andover

Angelica                           587.93                        483.31                        104.62            Angelica

Belfast                              568.25                        568.25                                               

Birdsall                             101.24                        101.24                                               

Bolivar                              863.99                        680.88                        170.02            Bolivar

                                                                                                                    13.09            Richburg

Burns                                579.09                        501.23                          77.86            Canaseraga

Caneadea                    1,366.57                     1,366.57                                               

Centerville                        715.52                        715.52                                               

Clarksville                        395.57                        395.57                                               

Cuba                             2,423.13                     2,028.28                        394.85            Cuba

Friendship                       642.58                        642.58                                               

Genesee                          838.80                        838.80                                               

Granger                            207.87                        207.87                                               

Grove                               539.97                        539.97                                               

Hume                                890.47                        890.47                                               

Independence                 532.98                        532.98                                               

New Hudson                    225.23                        225.23                                               

Rushford                       1,316.68                     1,316.68                                               

Scio                                  953.05                        953.05                                               

Ward                                145.41                        145.41                                               

Wellsville                       3,446.51                     2,509.29                        937.22            Wellsville

West Almond                   274.76                        274.76                                               

Willing                              603.30                        603.30                                               

Wirt                                   499.65                        465.60                          34.05            Richburg

                                                                                                                                         

TOTALS                     25,905.48                  23,179.06                     2,726.42           

 

            2.         The Chairman of this Board, Allegany County Clerk, and Allegany County Treasurer are authorized to execute any and all vouchers, warrants, and other necessary documents of every nature and kind in order to effect the purpose of this resolution.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

RESOLUTION NO. 216-09

 

RELEVY OF RETURNED VILLAGE TAXES

 

Offered by:  Ways and Means Committee

 

Pursuant to Local Law No. 4 of 1978 and Real Property Tax Law § 1442

 

            RESOLVED:

 

            1.         That the amount of the unpaid returned village taxes of each village of Allegany County which has complied with the provisions of Local Law No. 4 of 1978, together with seven per centum of the amount of principal and interest, is relevied upon the real property upon which the same were originally imposed by each such respective village.

 

            2.         This resolution shall take effect on November 23, 2009.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

RESOLUTION NO. 217-09

 

RELEVY OF RETURNED SCHOOL TAXES

 

Offered by:  Ways and Means Committee

 

Pursuant to Real Property Tax Law § 1330

 

            RESOLVED:

 

            1.         That the amount of the unpaid returned school taxes of the several school districts of Allegany County with seven per centum of the amount of principal and interest in addition thereto, is relevied upon the real property upon which the same were imposed.

 

            2.         This resolution shall take effect on November 23, 2009.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

RESOLUTION NO. 218-09

 

A RESOLUTION LEVYING THE AMOUNT OF UNPAID SEWER AND WATER RENTS

IN VARIOUS TOWN SEWER AND WATER DISTRICTS

AGAINST THE VARIOUS REAL PROPERTIES LIABLE THEREFOR

 

Offered by:  Ways and Means Committee

 

Pursuant to Article 14-F of the General Municipal Law and Town Law § 198

 

            WHEREAS, the Towns of Belfast, Caneadea, Friendship, Hume, Independence, Scio and Wellsville have submitted to this Board of Legislators statements showing sewer and water rents unpaid by the persons or entities noted therein and the real property to be charged with such unpaid rents, and

 

            WHEREAS, pursuant to law this Board is required to levy such sums against the real property liable therefor, now, therefore, be it

 

            RESOLVED:

 

            1.         That the unpaid sewer and water rents by the persons or entities noted in statements filed with this Board of Legislators by the respective Supervisors of the Towns of Belfast, Caneadea, Friendship, Hume, Independence, Scio and Wellsville between September 17, 2009, and November 2, 2009, are levied against the real property noted in such statements and are to be placed on the tax rolls of such Towns in the manner provided by law.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

Comments made regarding Resolution No. 218-09 included:

 

Legislator O’Grady stated that although this is something the Legislature has to do, he hates being the middle man in these types of things.  It’s unfair to the municipalities and to the landlords who have to pay when the tenants leave.

 

Legislator Pullen noted that someone ultimately has to pay for these services.  If they aren’t paid, it is the County and the taxpayers guaranteeing it.  The County is the one that holds harmless; we’re the ones that have to accept the responsibility, as well as providing the tax collector service.  For whatever reason, it’s another example of how the state structures it.

 

Legislator Kruger pointed out that it’s an investment on the County’s part, because if an unpaid water and sewer bill is put back on the taxes and the taxes aren’t paid, the County ends up with the property for the tax sale.

 

 

            Resolution Intro. No. 231-09 (Supporting an Increase in Funding Provided to the Office of Fire Prevention and Control by the Department of State for Firefighter Training) was amended on a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried, by changing the State Fire Administrator’s name from Floyd Paterson to Floyd Madison in Resolved No. 2.

 

RESOLUTION NO. 219-09

 

SUPPORTING AN INCREASE IN FUNDING PROVIDED TO

THE OFFICE OF FIRE PREVENTION AND CONTROL BY THE DEPARTMENT OF STATE FOR FIREFIGHTER TRAINING

 

Offered by:  Public Safety Committee

 

            WHEREAS, firefighter training provided by the Department of State administered under the Office of Fire Prevention and Control, OFPC, has proven to be an effective method of preparing firefighters in Allegany County to respond to emergencies, and

 

            WHEREAS, the efforts of the State’s 100,000 dedicated Volunteers contribute payroll and benefits savings commensurate with their career counterparts of more than 7 billion dollars annually, local governments cannot afford to pick up this expense, and

 

            WHEREAS, firefighter training is conducted for both career and volunteer fire departments throughout the state, serving approximately 125,000 firefighters in more than 1,850 fire departments, and

 

            WHEREAS, NYS Division of Budget allocations fluctuate with the State’s fiscal needs, which are not consistent with the local demand for firefighter training, and

 

            WHEREAS, funding for both entry level and advanced training of firefighters in Allegany County has suffered due to a lack of dedicated funding for the various training programs delivered by OFPC, now, therefore, be it

 

            RESOLVED:

 

            1.         That this Board of Legislators is in favor of increasing the amount of dedicated funding provided by the Department of State to OFPC in order to ensure that the training needs of our local firefighters are met so they may provide service to their respective communities within Allegany County.

 

            2.         That the Clerk of this Board is requested to forward certified copies of this resolution to New York State Governor David Paterson, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, NYSAC, InterCounty Association of Western New York, Floyd Madison, State Fire Administrator, Department of State Office of Fire Prevention and Control.

 

            Moved by:  Mr. Dibble                                                                            Adopted:  Voice Vote

            Seconded by:  Mr. Fanton

 

RESOLUTION NO. 220-09

 

TRANSFER OF FUNDS WITHIN VETERANS’ SERVICE ACCOUNTS

 

Offered by:  Personnel Committee

 

            RESOLVED:

 

            1.         That the sum of $350 is transferred from Account No. A6510.407 (Office Supplies) to Account No. A6510.201 (Equipment).

 

            Moved by:  Mr. Hall                                                                                      Adopted:  Roll Call

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

 

(Memo:  The transfer approved by Resolution No. 220-09 is for the purchase of a fax machine to allow the Veterans’ Service Agency to communicate with and send forms to the County Clerk’s Office after Veterans’ Services moves to the Crossroads Facility.)

 

RESOLUTION NO. 221-09

 

TRANSFER OF FUNDS WITHIN SHERIFF LAW ENFORCEMENT ACCOUNTS

 

Offered by:  Public Safety Committee

 

            RESOLVED:

 

            1.         That the sum of $8,700 is transferred from Account No. A3110.422 (Sheriff-Gas and Oil) to A3110.409 (Sheriff - Fees) and the sum of $3,500 is transferred from Account No. A3150.425 (Jail – Clothing) to Account No. A3150.409 (Jail – Fees) to be used for the annual maintenance agreement for Telestaff.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

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

 

RESOLUTION NO. 222-09

 

APPROVING AND RATIFYING ADDENDUM  EXTENDING AGREEMENT WITH DENTRUST DENTAL NEW YORK, P.C. TO PROVIDE DENTAL CARE FOR

INMATES AND DETAINEES AT THE ALLEGANY COUNTY JAIL

 

Offered by:  Public Safety Committee

 


            RESOLVED:

 

            1.         That the Agreement between Allegany County and Dentrust Dental New York,      P.C. for the provision of dental care for inmates and detainees at the Allegany County Jail through October 1, 2010, is approved.

 

            2.         That the signature by the Allegany County Sheriff for such addendum extending the agreement is ratified.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              11 Ayes, 3 Noes, 1 Absent

                                                                                                  Voting No:  Kruger, Truax, Ungermann

 

(Memo:  The dental care agreement addendum approved by Resolution No. 222-09 will allow the County to continue providing this service to meet the minimum standards set forth by the Commission of Corrections at a reduced cost.  Prior to the agreement, the Sheriff’s personnel transported inmates needing dental attention to the dentist’s office, which requires two officers and associated vehicle expenses.  This agreement allows for a dentist to treat inmates on-site at the jail, reducing costs and providing a more secure situation.  The original agreement was approved by Resolution No. 179-08 on October 14, 2008.)

 

Comments made regarding Resolution No. 222-09 included:

 

Legislator O’Grady noted that it was a sad state of affairs when jail inmates get better health treatment than people working for a living.

 

Legislator Kruger remarked that even if the service is mandated, the Board doesn’t have to approve it; that’s why we have a vote.  Not only do employees not have dental coverage, now when new employees retire they won’t have any coverage at all because of the resolution supporting that earlier in the meeting.  We’re treating the inmates better than our employees, and he would not support the resolution.

 

Legislator Ungermann questioned if there was a minimum time that inmates have to be in before the County is mandated to provide dental care.  County Administrator John Margeson replied that they are in the custody of the Sheriff from the time they walk in the door, and are eligible for care right away.

 

Legislator Pullen asked what the consequences would be if the County refused to provide dental care for inmates.  County Attorney Thomas Miner offered the opportunity for an attorney/client session for discussion of the potential liability.  Mr. Pullen noted he was concerned, not so much with the possible withholding of aid, as there is no specific legislation, but because the state could close down our jail.  He didn’t see where we have any other choice without dire repercussions.

 

Legislator Ungermann referred to a comment made by Erie County Executive Chris Collins recently, that if the state gives you an unfunded mandate, let them sue you.  Mr. Pullen remarked that he spoke with Mr. Collins in more detail on that, and Mr. Collins picks the fights he can win, not fights that will lead to devastation.

 

 

            Resolution Intro. No. 235-09 (Authorizing Sale and Conveyance of County's Interest in Real Property in Town of Alma to Joseph H. Townsend; Authorizing Chairman to Execute Deed) was amended on a motion made by Legislator Reynolds, seconded by Legislator Hall and carried, by changing all mention of Joseph H. Townsend to Linda S. Townsend, her town of residence from Friendship to Lockport, and the location of the parcel from Friendship to Alma.

 

RESOLUTION NO. 223-09

 

AUTHORIZING SALE AND CONVEYANCE OF COUNTY'S INTEREST IN

REAL PROPERTY IN TOWN OF ALMA TO LINDA S. TOWNSEND;

AUTHORIZING CHAIRMAN TO EXECUTE DEED

 

Offered by:  Ways and Means Committee

 

            WHEREAS, the County is the owner of certain real property located in the Town of Alma, and

 

            WHEREAS, such property is not being used by the County, and there is no planned use of it by the County, and

 

            WHEREAS, Linda S. Townsend of Lockport, New York has offered to purchase such property for $3,382.03, which includes recording fees, now, therefore, be it

 

            RESOLVED:

 

            1.         That this Board authorizes the sale by quit claim deed to Linda S. Townsend of Lockport, New York the following described premises and described as follows:

 

            ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Alma, County of Allegany, State of New York, viz: Tax Map No. 302.-1-22.1.

 

            TOGETHER with all the appurtenances and all the estate and rights of the party of the first part in and to said premises.

 

            TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, her successors and assigns forever.

 

            The County of Allegany shall in no event be or become liable for any defects in or encumbrances or liens on the title hereby conveyed for any cause whatsoever.   No claim or demand of any nature that arises from this sale or any of the proceedings leading hereto shall ever be made against the County of Allegany.

 

            It is understood and agreed that the County of Allegany is hereby conveying only such land as aforesaid and described above, and that said property shall be located and laid out by and at the expense of the party of the second part.

 

            The transferor(s) herein certify that the within description does not split or combine assessment parcels and that the recording of this deed will not result in the alteration or change to or amendment of an existing tax map.

 

            2.         That the Chairman of this Board is authorized to execute and deliver a quit claim deed for said premises upon payment of the amount of $3,382.03, which includes recording fees by purchaser.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

AUDITS:

 

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

 

            A motion was made by Legislator Truax, seconded by Legislator Reynolds and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $2,101,204.99 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 $7,243,522.)

 

ADJOURNMENT:  The meeting was adjourned at 2:47 p.m. following a motion made by Legislator Reynolds, seconded by Legislator Hall and carried.