ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

SEPTEMBER 28, 2009

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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 Sergeant Edward P. Haag.

INVOCATION: The Invocation was given by Legislator Pullen.

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

APPROVAL OF MINUTES:

The Board meeting minutes of September 14, 2009 were approved on a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried.

PRIVILEGE OF THE FLOOR:

Chairman Crandall presented a certificate to Edward P. Haag, former United States Army Sergeant, in grateful appreciation of his service to our Country. Mr. Haag’s service dates were from November 1966 to November 1968. Following Basic Training at Fort Dix, NY, assignments included Fort Jackson, SC, and Fort Polk, LA. Overseas duty stations were Vietnam and Korea. Commendations Mr. Haag received included: Combat Infantry Badge, Air Medal, Vietnam Service Ribbon, National Defense Medal, NYS Conspicuous Cross, and Expert Rifle and Machine Gun. Mr. Haag led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.

Veterans’ Services Agency Director H. Scott Spillane presented the Air Medal to former United States Army Sergeant Edward P. Haag on behalf of a grateful nation. Mr. Spillane noted that the medal is actually five rows of medals and ranks three below the Purple Heart. When asked what he did to earn the honor, Mr. Haag responded it was for numerous helicopter flights.

Chairman Crandall presented a certificate of recognition to Gretchen Hanchett, who accepted on behalf of ACCORD Corporation’s Allegany Business Center. Chairman Crandall congratulated them for the designation as the top Entrepreneurial Assistance Program (EAP) Center in New York State and for receiving the 2009 Award for Excellence in all program areas. There are 24 EAP Centers across New York State. Ms. Hanchett thanked the Legislators for their support. The Business Center offers technical assistance and training to new and existing businesses. Since the program began, they have assisted over 1,000 clients. The Center also administers the Revolving Loan Fund, through ACDSI they're certified CDSI, and they have given out over $1 million in vehicle loans through the Wheels for Work Program. Upcoming events include the Fall Business Training Camp, a Credit Repair Class, and eBay University. Also, USDA will be coming out to present opportunities for business owners and for green business development.

District Attorney Terrence Parker, along with Donna Kahm and Karen Hill, presented information on the Southern Tier Child Advocacy Center, which serves children and families in Allegany and Cattaraugus Counties. The Center offers a comfortable, positive way to deal with interviews and services to minimize trauma for young children who have been victimized. All services are made available under one roof to make it easier on the child. Cattaraugus and Allegany Counties began the joint venture about three and one-half years ago under the Southern Tier Health Care System. The Cattaraugus County site was the first to be developed, and they recently moved from the Olean General Hospital location to their own site, enabling them to expand the services they offer including advocacy services, counseling, medical exams, and forensic interviews. They have served 122 cases from Allegany County. A satellite site will soon open in Wellsville at the former Counseling Center on West State Street, which will eliminate travel time to Olean for clients and staff. An open house will be held on October 6.

Youth Court Coordinator Jessica Jennings addressed the Board regarding Youth Court Month and thanked the Board for the proclamation. Over the past five years, 140 Allegany County youth were given the opportunity for a second chance, to learn from their mistakes, and to return something to the community. Offenders are shown by their peers that their behavior is unacceptable, where they could end up, and how their actions affect those around them. They are required to complete community service, make apologies, come back to serve on jury duty in future hearings, and in the end are given a second chance with a clean record and hopefully a fresh start. The program is working to reduce recidivism and actually training offenders to become Youth Court members themselves. It's a good opportunity and gives youth first-hand experience with the justice system, ways to use positive peer pressure, improve their public speaking, and conflict resolution. Successful program completions from March 2004 through September 2009 totaled 122. None of it would be possible without the support and involvement of local justice professionals. Ms. Jennings thanked everyone who is involved and has supported the program.

ACCORD’s Family Services Manager Joy Gilmore spoke about Domestic Violence Awareness Month, and thanked the Board for its continued support, which has a significant impact on grant applications and sends the message to residents that we discourage domestic violence. Annually ACCORD assists about 125 victims through advocacy services, shelter, support groups, family offense preparation services, safety planning, children services, and referrals. ACCORD has begun providing services for victims at Access Centers in Wellsville, Belmont, Belfast, and Friendship.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

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

1. October 2009 Calendar of Board and Standing Committee meeting dates. Changes were noted.

2. Committee of the Whole Meeting Minutes of September 14, 2009 for review.

The following communications were also acknowledged:

1. Correspondence from the Allegany County Capital Resource Corporation regarding the Cuba Memorial Hospital Project and Notice of Public Hearing on Proposed Project and Financial Assistance Relating Thereto scheduled for October 14, 2009, at 10 a.m. at the Cuba Memorial Hospital Board Room in the Village of Cuba, New York.

2. Town of Ward Resolution No. 18-2009 dated September 18, 2009, asking for and supporting the establishment of a multi-year capital bridge plan with the appropriate funding.

3. Correspondence from Assemblyman Daniel Burling acknowledging receipt and support of our resolution opposing the DEC’s proposal to close the NYS DEC Forestry Office located at the Farm Service Center in Belmont. Assemblyman Burling also acknowledged receipt of our resolution to Advance Funding to Expedite the Timetables to Complete Parts of the Appalachian Development Highway System, Corridor U-1 I-99 and Corridor T I-86.

4. Southern Tier West Regional Planning & Development Board News Release regarding their September 17 Board meeting.

5. NYSEG/RG&E News Release dated September 18 regarding their request to the NYS Public Service Commission (PSC) for approval to increase the rates the companies charge to deliver electricity and natural gas to customers.

6. Notice of Negative Declaration – The Town of Pike Town Board has determined that 2009 Amendments to the Town of Pike Comprehensive Plan due to the Dissolution of the Village of Pike will not result in any significant adverse impacts on the environment and issued a Negative Declaration pursuant to Article 8 of the Environmental Conservation Law.

7. Notice of Negative Declaration – The Town of Pike Town Board has determined that the 2009 Amendments to the Town of Pike Zoning Law and Official Zoning Map Due to the Dissolution of the Village of Pike will not result in any significant adverse impacts on the environment and issued a Negative Declaration pursuant to Article 8 of the Environmental Conservation Law.

8. The Allegany County Citizens for Responsible Government submitted a copy of “The Citizen Plan” regarding a solution to the Allegany County Court System dilemma.

9. Chairman Crandall’s Response to “The Citizen Plan.” Chairman Crandall commented that this has been a high profile issue, and the Citizen Plan has appeared on the front page of the newspaper. He distributed his response which includes information with specific cost figures taken from studies and information that has been worked on for the past several years. Chairman Crandall felt it was important to point this out and encourage the press to give this information as due time as the Citizen Plan when it was released. His response will be sent to others that have sent him correspondence regarding the issue.

10. Correspondence from Marjanne C. van der Horst referencing “The Citizen Plan” and urging the Board to reconsider the proposed building addition and re-invite Raymond DeTine for an opportunity to answer questions.

11. Certificate of Appreciation from the Allegany County Cancer Services in honor of the Board’s dedication to residents impacted by cancer.

PROCLAMATION:

Chairman Crandall proclaimed the month of October 2009 as Domestic Violence Awareness Month in Allegany County in recognition of the important work being done by the Consortium on Domestic Violence toward improving victim safety and holding perpetrators accountable for their actions against victims and our society as a whole.

RESOLUTIONS:

Resolution Intro. No. 176-09 (Resolution Urging Governor David A. Paterson to Appropriate $60 Million of American Recovery and Reinvestment Act Stimulus Monies to Assist New York’s Dairy Farmers) was amended on a motion made by Legislator Hopkins, seconded by Legislator Dibble and carried, to change the following: under Resolved 1, add “million” after $60; under Resolved 3 toward the end, add “,” after Oliver Orton, strike “and,” and add “Dennis Hill, and NYS Grange Legislative Director” between Chair and Roger Halbert.

The same resolution was further amended on a motion made by Legislator McCormick, seconded by Legislator Pullen and carried, to change the second word of the title from Urging to “Telling.”

RESOLUTION NO. 166-09

RESOLUTION TELLING GOVERNOR DAVID A. PATERSON TO APPROPRIATE

$60 MILLION OF AMERICAN RECOVERY AND REINVESTMENT ACT

STIMULUS MONIES TO ASSIST NEW YORK’S DAIRY FARMERS

Offered by: Ways and Means Committee

WHEREAS, agriculture, and in particular dairy farming, represents a significant component of the Allegany County economy, and

WHEREAS, New York is the nation’s third largest dairy state generating close to $2.5 billion on an annual basis, and

WHEREAS, the New York dairy industry is facing perhaps its worst economic crisis ever due to the increasing cost of feed, fertilizer, fuel and utilities, while the price paid the dairy farmer of approximately $11.50 per hundredweight of milk is down almost forty percent from a year ago, and

WHEREAS, a recent Cornell University study estimated that a farmer would need approximately $17 per hundredweight of milk to meet their production costs, and

WHEREAS, dairy farms across New York State are going under due to this financial crisis with many more teetering on the brink, and

WHEREAS, in the New York State 2007-2008 Budget, the state passed the Dairy Assistance Program, providing $30 million of immediate state financial assistance to struggling dairy farmers, and

WHEREAS, in the New York State 2009-2010 Budget, no funding was provided to assist dairy farmers during this current time of crisis, and

WHEREAS, New York has already received $25 billion in federal stimulus funding with more on the way, and

WHEREAS, federal stimulus dollars need to be invested across New York State, and it is critical to the welfare of all New Yorkers that some of those funds be used to avert the economic crisis impacting our dairy industry, now therefore, be it

RESOLVED:

1. That Governor David A. Paterson is urged to appropriate a minimum of $60 million of the ARRA stimulus monies to assist dairy farmers by providing additional direct payments to producers of approximately 50 cents per hundredweight of milk produced.

2. That Governor David A. Paterson is further urged to work with President Barack Obama and Congress to implement appropriate federal legislative solutions for agriculture, including passage of the MILC program and reform of the Federal Milk Marketing System.

3. That certified copies of this resolution be mailed to New York State Governor David A. Paterson, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, NYS Agriculture and Markets Commissioner Patrick Hooker, NYS Farm Bureau President Dean Norton, NYS Farm Bureau Director of Public Policy Julie Suarez, NYS Grange President Oliver Orton, NYS Grange Executive Committee Chair Dennis Hill, and NYS Grange Legislative Director Roger Halbert.

Moved by: Mr. Reynolds Adopted: Voice Vote

Seconded by: Mr. Hopkins

Comments made regarding Resolution No. 166-09 included:

Legislator McCormick requested an amendment to the title of the resolution to change the word “urging” to “telling,” commenting that we’re done asking for help for the dairy farmers, and we’re going to tell Governor Paterson that we need this money. Legislator Hall expressed concern about ramifications of the change in wording and if it would compromise the process of getting the resolution to the Governor’s desk. (See notation regarding amendment above.) Mr. McCormick urged approval of the resolution to bring state dairy farmers some extra money. He also noted that the money won’t go to the dairy farmer, but will go to suppliers, feed dealers, and fertilizer and equipment dealers. The resolution says that the price of milk is $11.50, which is 40 percent less than last year, but that $11.50 is actually about $9.51 after trucking and dairy promotion is taken out of the milk check. This is just a bandaid to the industry. Mr. McCormick referred to the section of the resolution about federal legislative solutions for agriculture, including passage of the MILC program and reform of the Federal Milk Marketing System. That is really the crux of the problem. The federal milk marketing system is similar to our health care – it’s broken, and unless we can institute a quota system on imports and also production, this problem will continue.

RESOLUTION NO. 167-09

RESOLUTION OPPOSING VARIOUS PROPOSED ANTI-GUN OWNER LEGISLATION

IN NEW YORK STATE

Offered by: Public Safety Committee

WHEREAS, the “right to bear arms” is guaranteed by the 2^nd Amendment to the U.S. Constitution, and

WHEREAS, certain bills passed in the New York State Assembly will have a detrimental effect on hunters, sportsmen and legal gun owners as well as the health of wildlife, revenue to local municipalities and the Department of Environmental Conservation, and

WHEREAS, passage of said legislation would curtail the rights of law-abiding citizens as guaranteed by the Constitution, now, therefore be it

RESOLVED:

1. That the Allegany County Board of Legislators hereby urges the New York State Senate and the Governor to oppose the following onerous and misleading bills:

a. A-801-A (Requires renewal of firearms licenses after five years; safety course requirement outside City of New York; sets expiration date and provides for a recertification schedule to be developed by the Commissioner of Criminal Justice Services)

b. A-1093 (Requires imposition of restrictions on gun dealers; stringent record keeping and reporting to prevent gun sales to criminals; requires liability insurance of at least $1 million; restricts premises of sales; requires employee training; prohibits straw purchases; imposes additional license conditions)

c. A-1326 (Outlaws handguns capable of firing by a five-year old or younger, making all current handguns illegal)

d. A-2881 (Defines possession of armor piercing, frangible or devastator ammunition as criminal possession of a weapon)

e. A-2882A (Expanded compilation of firearm and ballistic data)

f. A-3076 (Institution of new training requirements for issuance of firearms permits)

g. A-3211 (Bans sale, use or possession of 50-caliber or larger weapons)

h. A-5844 (Enacts “children’s weapon accident prevention act”; creates crime for failure to store weapons safely; development of a weapons safety program)

i. A-6157 (Amends assault weapon definition to include “detachable magazine,” “muzzle break” and “muzzle compensator”)

j. A-6468B (Requires semi-automatic pistols to be capable of micro-stamping ammunition)

k. A-5078 (Amends definition of “disguised gun” to include weapon or device capable of being concealed on a person from which a shot can be discharged through energy of an explosive, which is designed and intended to appear to be a toy gun)

2. That the Clerk of this Board is directed to send certified copies of this resolution to Governor David Paterson, Assembly Speaker Sheldon Silver, Senator Catharine M. Young, Assembly members Daniel J. Burling and Joseph M. Giglio, NYSAC, all counties’ Administrative Officers/Clerks of the Board, and to each and every other person, institution or agency who will further the purport of this Resolution.

Moved by: Mr. Dibble Adopted: Voice Vote

Seconded by: Mr. Fanton

Comments made regarding Resolution No. 167-09 included:

Legislator Kruger commented that this type of resolution from this Board is long overdue. Our rights as citizens of this country don’t stop at gun ownership, but this is a good start, protecting our right to keep and bear arms.

RESOLUTION NO. 168-09

AUTHORIZING THE SUBMISSION OF A JOINT APPLICATION FOR A

2009-2010 NEW YORK STATE LOCAL GOVERNMENT EFFICIENCY (LGE)

HIGH PRIORITY PLANNING GRANT FOR THE REGIONAL E-911 PLANNING PROJECT

Offered by: Public Safety and Ways and Means Committees

WHEREAS, Allegany County Administrator John E. Margeson, Schuyler County Administrator Timothy M. O’Hearn, and Steuben County Administrator Mark R. Alger have been in discussions regarding the potential savings for each from the implementation of a regional approach to E-911 services, and

WHEREAS, the Local Government Efficiency grant application requires the designation of a Lead Applicant Contact Person, and

WHEREAS, the Steuben County Administrator has agreed to serve as the Lead Applicant Contact Person responsible for the development and submission of a 2009-2010 New York State Local Government Efficiency grant request in the amount of $50,000 in funding, and

WHEREAS, the funds received from the proposed LGE grant award for the Regional E-911 Planning Project will be utilized to obtain the services of a professional consultant to explore potential consolidation of certain aspects of E-911 operations, provide critical redundancy and disaster recovery elements, and to recommend changes to increase regional efficiencies within these services, and

WHEREAS, the Steuben County Administrator and the Schuyler County Administrator have affirmed that each County will dedicate a maximum of $1,700 over two years to the grant-required local match funding, and have requested Allegany County also commit a maximum of $1,700 to satisfy the total local match of $5,000, and

WHEREAS, the Steuben County Administrator has requested that Allegany County adopt a resolution specifically authorizing Steuben County to submit the proposed application for LGE funding and to identify the County as a municipal co-applicant, now, therefore, be it

RESOLVED:

1. The Allegany County Board of Legislators hereby authorizes the Allegany County Administrator to participate in the grant and hereby agrees to authorize the Steuben County Administrator to prepare and submit a joint application for LGE funding for the proposed Regional E-911 Planning Project identifying Allegany County as a co-applicant and authorizes the expenditure of $1,700 over two years as the County’s contribution to the grant-required local match.

2. This Board authorizes the County Administrator to represent Allegany County in the negotiation and development of an inter-municipal agreement with Steuben County and Schuyler County in which the respective responsibilities of each County in the proposed project are specifically identified and defined.

Moved by: Mr. Dibble Adopted: Roll Call

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

Comments made regarding Resolution No. 168-09 included: Emergency Communications Coordinator Russ Hall noted that this is a very preliminary step in the possibility of consolidation, not so much for operational purposes, but maybe for training and equipment.

RESOLUTION NO. 169-09

RESOLUTION IN REGARDS TO RECOVERY ZONE DESIGNATION

Offered by: Ways and Means Committee

WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA) authorizes the County to issue recovery zone economic development bonds in an amount up to $1,684,000 pursuant to a sub-allocation of the national volume cap for Recovery Zone Bonds provided by the Federal Treasury Department, and

WHEREAS, recovery zone economic development bonds are entitled to a direct federal subsidy of 45 percent of the interest thereon, and

WHEREAS, the County is required to designate a recovery zone prior to issuing such bonds, and

WHEREAS, any such bonds must be for expenditures for property located within the recovery zone or otherwise promote economic activity therein, and

WHEREAS, the term recovery zone is defined to mean (1) any area designated by the County as having significant poverty, unemployment, rate of home foreclosures, or general distress; (2) any area designated by the County as economically distressed by reason of the closure or realignment of a military installation pursuant to the Defense Base Closure and Realignment Act of 1990; and (3) any area for which a designation as an empowerment zone or renewal community is in effect as of February 17, 2009, and

WHEREAS, it is now desired to designate the County of Allegany as a recovery zone under ARRA, now therefore, be it

RESOLVED:

1. The County of Allegany is hereby designated as a recovery zone for purposes of ARRA as a result of significant unemployment, home foreclosure rates, and general distress as the current recession has had and continues to have a significant adverse impact on the County as a whole.

2. This resolution shall take effect immediately.

Moved by: Mr. Reynolds Adopted: Roll Call

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

RESOLUTION NO. 170-09

RESOLUTION ESTABLISHING

SOLID WASTE RESIDENTIAL USER FEES FOR YEAR 2010

Offered by: Public Works Committee

RESOLVED:

1. The following solid waste residential user fees, providing for either a one-time fee or a pay as you go fee, are hereby established and shall be charged to users of the Allegany County Solid Waste System during the year 2010:

One-Time Residential User Fee:

$96.00 per year with no need to purchase separate disposal tickets – no proration.

Pay as you go Residential User Fee via sale of Residential Disposal Tickets:

Residential Disposal Tickets displaying squares representing $1.00 for each square, or with some other equivalent representation, will be sold in three denominations:

$10.00 for ten $1.00 squares

$20.00 for twenty $1.00 squares

$30.00 for thirty $1.00 squares

When disposing of solid waste, Residential Disposal Tickets shall be presented and charged according to the following fee schedule:

Up to a 30 gallon bag - $2.00

55 gallon bag or barrel - $4.00

Bulky items:

Large items - couch, mattress, box spring,

large cabinet/dresser, or carpet roll - $4.00

Small items - chair, table, toilet, sink, small

pieces of furniture - $3.00

Any other solid waste, up to a three (3) cubic yard load or a full size

pickup loaded to the top of the original sides, and not otherwise

described in this fee schedule:

Compact pickup or small trailer with an equivalent

Capacity - $15.00

Full size pickup or trailer with an equivalent capacity - $20.00

2. Solid Waste Identification Tags will be issued upon payment of the applicable user fee. A Residential Disposal Ticket shall be deemed to constitute a Solid Waste Identification Tag for purposes of disposing of solid waste at an Allegany County Solid Waste Management Facility. No user fee will be charged to individuals who will only be disposing of recyclable materials at County facilities. A Recyclables Only Identification Tag will be issued without charge to individuals who will only be disposing of recyclable materials upon the completion by such individuals of the appropriate application form. In the event a Residential Identification Tag is lost or stolen, a replacement Residential Identification Tag will be issued for a fee of $25.

Moved by: Mr. Fanton Adopted: Roll Call

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

RESOLUTION NO. 171-09

ACCEPTANCE OF FUNDING FROM THE SUSAN G. KOMEN FOUNDATION AND APPROPRIATION OF SAID FUNDS TO PUBLIC HEALTH ACCOUNTS

Offered by: Human Services and Ways and Means Committees

WHEREAS, the sum of $22,464 has been offered to the Allegany County Department of Health by the Susan G. Komen Foundation to be used in providing breast cancer awareness education and support to residents in Allegany and Cattaraugus Counties who have been diagnosed with breast cancer, now, therefore, be it

RESOLVED:

1. That the sum of $22,464 offered by the Susan G. Komen Foundation is accepted and appropriated to Account No. A4072.4 (Komen Kares Grant) with a like sum credited to Revenue Account No. A08.2705.4071.

Moved by: Mr. Truax Adopted: Roll Call

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

RESOLUTION NO. 172-09

INCREASING DEPARTMENT OF SOCIAL SERVICES

APPROPRIATION AND REVENUE PROGRAM ACCOUNTS

Offered by: Human Services and Ways and Means Committees

RESOLVED:

1. That the following Department of Social Services Accounts are increased a total of $380,000 as follows: $380,000 to Account No. A6109.4 with a sum of $76,000 to Revenue Account No. A10.3609.00 and $304,000 to Revenue Account No. A11.4609.00.

Moved by: Mr. Truax Adopted: Roll Call

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

(Memo: The account increases approved by Resolution No. 172-09 were due to funding for the “Back to School” costs issued by New York State Office of Temporary and Disability Assistance. There was no local share for these costs.)

RESOLUTION NO. 173-09

TRANSFER OF FUNDS WITHIN DISTRICT ATTORNEY ACCOUNT

Offered by: Public Safety Committee

RESOLVED:

1. That the sum of $514 is transferred from Account No. A1165.1 to Account No. A1165.2 for the purchase of a computer.

Moved by: Mr. Dibble Adopted: Roll Call

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

RESOLUTION NO. 174-09

Resolution APPROVING THE PROJECT LABOR AGREEMENT (PLA)

FOR THE ALLEGANY COUNTY COURT FACILITIES PROJECT

Offered by: Court Facilities and County Space Needs Committee

WHEREAS, a Project Labor Agreement (PLA) for the Court Facilities Project as drafted by Peter Godfrey, Esq. from Hodgson Russ LLP has been received by the County, now, therefore, be it

RESOLVED:

1. That the Project Labor Agreement as drafted by Peter Godfrey, Esq. from Hodgson Russ LLP for the Allegany County Court Facilities Project is approved.

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

Moved by: Mr. Pullen Adopted: Roll Call

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

Voting No: Kruger, Reynolds, Truax, Ungermann

Comments made regarding Resolution No. 174-09 included:

Legislator Kruger reiterated a previous comment that $3.6 million is a lot to save on a $13 million project; it’s not going to happen. He noted that he felt almost compelled to support this resolution, because so much has been spent trying to find out how much money we’ll save, that you almost have to now. Mr. Kruger expressed concern about the lack of time to review the Benefits Analysis Report prepared by Seeler Engineering. He questioned how they determined the $126,000 in savings from utilizing ten-hour days, when it’s all one work site. The savings in long days is usually from not having to move to another location. Tim Seeler, from Seeler Engineering, explained that in reviewing the way the work gets executed, you typically find that there is a certain amount of time spent setting up, cleaning up, and breaking down. If you can eliminate that, you can credit about one hour of productivity per day. This project involves two pieces: the building going on out back, and working inside the existing space. There is a fair amount of inefficiency in moving from space to space, and they have found an increased productivity with the longer work day. This is their best projection.

Legislator Ungermann noted that the Board would be voting on the resolution without having thoroughly reviewed the Benefits Analysis Report. He referenced a section of the report that stated, “In his proposed legislation for blanket exemption from Wick’s Law, Governor Pataki reported that the Wicks Law adds 10 percent to construction cost in New York State. A ten percent reduction in cost would represent a $1,200,000 savings to the Courthouse Project.” Governor Pataki assumed a ten percent savings across the board. “Savings as significant as 20 to 30 percent would not be anticipated for this project; however, even applying a more conservative projection, a potential for cost reduction of up to $1,200,000 may be available.” Mr. Ungermann stated that there would be no guarantee. We have spent a lot of money to get to this point, and he’s not convinced the County will save $1.2 million.

Chairman Crandall commented that the cover page of the report is specific to our project, and the potential savings related to labor is $192,000. He asked Mr. Seeler to clarify Section 6, which Legislator Ungermann was referring to. Mr. Seeler explained that they look at two things for these studies. The first is very specific and is required for the process, and that is how much the agreement is going to impact dollars in work execution; for this project $192,000. They look at labor execution, the hours, the way the work is executed, the dollars per hour, and premiums associated with it in order to define and estimate those savings. The second part is less tangible, but still benefits indirectly, although not defined in exact dollars. Those are the things addressed in Section 6: the potential for savings from waiving the Wicks Law, the potential avoidance of strikes, and those kinds of things. They aren't figured into the bottom line on dollar savings. The County's decision should be based on the dollars - the $192,000. Are they solid? Are we going to benefit from this agreement? The County also has to decide if the agreement is equitable as it applies to everyone. In Seeler's opinion, it is. It contains all the conditions that allow free access of market. If the County chooses to go in this direction, then we will get those benefits indicated in Section 6.

Legislator Pullen commented that he expects to see substantial savings with this agreement, but no one can guarantee it. There is a pattern clearly established across the state throughout the past 90 years since the Wicks Law has been on the books. There have been exemptions granted to different governmental entities, and when they didn’t have to comply there were substantial savings. Thirty percent would be great, but ten percent is what Governor Pataki had estimated as the minimum savings, although there is no guarantee. The County retained counsel and negotiated a Project Labor Agreement that is very detailed and contains many favorable aspects. We can adopt the PLA without going with the Wicks Law waiver, but it doesn’t go the other way. If we don't adopt this, we have no choice but to go with the multiple prime contractors, we would have to go with the construction manager rather than clerk of the works, and have various other issues. Overall, on its own, Mr. Pullen stated he could not walk away from the $192,600 in taxpayer money, nor could he walk away from the potential ten percent Wicks Law related savings. Even five percent would still be over $600,000. The committee has looked at this and approved it, and he strongly encourage the Board support it. Mr. Pullen believes it will show benefit, especially in the economic climate we're looking at. There are a lot of workers on unemployment, there are very few public projects. We are being forced to do this project, and since we have to do it, we want to spend as little as possible.

Legislator Reynolds applauded Mr. Pullen for all the hard work and many hours spent to bring all this information together. But, with all the limits put in this PLA, it's still a government imposed, union only PLA that carries all the harms inherent in PLAs. This includes excessive costs that necessarily flow from excluding non-union bids from the project, and the infringement on individual rights that necessarily occur from forcing employees to accept union representation and to pay monies to unions to work on a taxpayer-funded construction project. Mr. Reynolds stated that it would be difficult to support this PLA, although this agreement was very well done.

Legislator Hopkins responded that as he understood it, this agreement does not force employees to pay money to the unions. Legislator Pullen explained that through the PLA, non-union employees do not have to pay dues, but there is a fee that would go to each of the unions, excluding things such as their typical lobbying, and it goes into what they call core aspects that would be involved in this. That is one of the downsides.

Legislator McCormick commented on the PLA's effect on the unions and trades doing the work. It will be union representatives doing the actual high-back work, such as masonry work and the like, and as union members, their workmanship is guaranteed. As union carpenters or union plumbers, they've already passed the bar and they have their cards as qualified workmen. Also as union members, they have attended numerous safety training meetings. The unions already sat down at the table, but they haven't signed yet. That concerns him. They want the project to come in under the time limit, they are aware of the County’s budget, and from what he's heard, they want it come in within the budget. We have a lot of qualified union workers in the County, and as the project moves forward, a lot of local people will be employed. Mr. McCormick felt that this PLA is the best way to go other than the Wicks Law.

Chairman Crandall clarified that it was his understanding that the agreement has been approved by each of the unions, and they are just waiting for our action before signing. Mr. Pullen confirmed that was what he was told by Peter Godfrey, who negotiated for the County.

Legislator Kruger stated that he would not support this, because he hasn't supported any facet of this new Courthouse addition when we have so much space available to us. We are walking away from substantial savings by not using the space we have available.

Legislator Ungermann commented further on being asked to vote on something the legislators haven't had a chance to read or digest. One thing he has gathered from this is that with a PLA, a lot more money can be saved with the more labor intensive projects. Remodeling the old jail would be more labor intensive than building new. There is no control over the cost of building supplies; savings come on the labor. The more you do in renovations, the more you can save.

Resolution Intro. No. 185-09 (Transfer of Funds within Public Health Accounts) was not pre-filed and was considered from the floor on a motion made by Legislator Hall, seconded by Legislator Dibble and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.

RESOLUTION NO. 175-09

TRANSFER OF FUNDS WITHIN PUBLIC HEALTH ACCOUNTS

Offered by: Legislator Brent L. Reynolds

RESOLVED:

1. That the sum of $5,000 is transferred from Account No. A4010.1 to Account No. A4189.2, to cover the cost of 7 HP Notebooks and related software.

Moved by: Mr. Reynolds Adopted: Roll Call

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

(Memo: The Notebook computers and software authorized in Resolution No. 175-09 will be utilized by Health Department staff to help with vaccination implementation during the H1N1 pandemic. It will allow staff to input clinical data and to track expenses and related activity to meet federal guidelines for H1N1 funding requirements. These expenses will be reimbursed 100 percent under the H1N1 funding.)

AUDITS:

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

A motion was made by Legislator Truax, seconded by Legislator Fanton and adopted on a roll call vote of 12 Ayes, 2 Noes, 1 Absent, that the audit of claims, totaling $1,539,679.18 including prepaid expenses, be approved for payment as recommended by the County Administrator (Opposed: Kruger, Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $6,053,050.)

COMMENTS:

Legislator Ungermann reported that the Cuba Garlic Festival was an astounding success this year, with 8,369 paid admissions, not including children, vendors, or volunteers. Last year, there were a little over 5,000.

Legislator Kruger noted that at the last meeting of Citizens for Responsible Government, the public was granted a tour of the former Belmont school. He requested that the former jail space be made available for a similar tour. There's been disagreement on what’s usable, and the public should be able to see and judge for themselves. The next meeting is October 5, and if possible, they'd like a tour of that space from about 8:30 to 9:30. Chairman Crandall replied that he would investigate it. The space is not public-friendly right now and there are some secure storage issues. Legislator Reynolds noted that whether the public likes the space is superfluous. The state rejected it.

ADJOURNMENT: The meeting was adjourned at 3:25 p.m. on a motion made by Legislator Truax, seconded by Legislator Dibble and carried.