ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

 

NOVEMBER 8, 2010

 

** 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 former United States Army Sergeant 1st Class Robert Christman (County Clerk).

 

INVOCATION:  The Invocation was given by Legislator David Pullen.

 

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

 

APPROVAL OF MINUTES:

 

            The Committee of the Whole meeting minutes of September 27, 2010, were approved on a motion made by Legislator Fanton, seconded by Legislator Sinclair and carried.

 

            The Committee of the Whole meeting minutes of October 12, 2010, were approved on a motion made by Legislator Curran, seconded by Legislator Fanton and carried.

 

            The Board meeting minutes of October 25, 2010, were approved on a motion made by Legislator Burdick, seconded by Legislator Pullen and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Curtis W. Crandall presented a certificate to Robert Christman, former United States Army Sergeant 1st Class, in grateful appreciation of his service to our Country.  (Mr. Christman is currently the Allegany County Clerk.)  Mr. Christman’s Army service dates were from 1979 to 1984, and he attained the rank of Specialist 4th Class, after which he served in the Army Reserves from 1984 through 1992, attaining the rank of Sergeant 1st Class.  Following Basic Training and Advanced Training at Fort Jackson, SC, assignments included:  Fort Clayton in the Panama Canal Zone and Fort Huachuca, AZ.  Commendations he received included:  Army Commendation Medal, Army Service Ribbon, and Good Conduct Medal.  Beginning April 2010, Mr. Christman is serving a six-year enlistment in the New York State Air National Guard.  Mr. Christman 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 presented certificates to honor the following employees who have thirty years of service with the County.  (The employees from Social Services were present to receive the awards; the remaining employees will receive theirs at a later date.)

 

            County Treasurer’s Office

                        Pamela Margeson, Senior Account Clerk Typist

            Department of Social Services

                        Jeanette Cobb, Senior Caseworker

                        Wendy Schoonover, Support Investigator

                        Miriam Gleason, Account Clerk Typist

                        Melody Robinson, Resource Assistant

                        Nancy Houle, Support Investigator

            Emergency Services

                        Brenda Witter, Account Clerk Typist

                        John Tucker, Former Director (retired)

            Employment and Training

                        Jerry Garmong, Director

            Workers’ Compensation

                        Sharon Keib, Office Manager

            Department of Public Works

                        John Doty, Heavy Motor Equipment Operator I

                        James Buzzard, Heavy Motor Equipment Operator II

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

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

 

            1.         Report of Tax Bill Corrections approved by the County Administrator in October.

 

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

 

The following communications were also acknowledged:

 

            1.         County Treasurer Terri Ross filed Certificates of Withdrawal of Delinquent Tax Liens in the Clerk of the Board’s Office pursuant to Article 11 of the Real Property Tax Law for properties in the Town of Scio on October 29, 2010.

 

            2.         Notice of next InterCounty Association meeting to be hosted by Genesee County in Batavia on November 19.

 

            3.         Press release prepared by Chairman Crandall regarding action taken by the Committee of the Whole this morning to further reduce the 2011 Tentative Budget by $75,000  which will result in no tax rate increase when the Final Budget is adopted on November 22.

 

RESOLUTIONS:

 

RESOLUTION NO. 208-10

 

AMENDMENT OF RESOLUTION NO. 27-79 AS PREVIOUSLY AMENDED

TO INCREASE THE RATE OF COMPENSATION FOR

SOIL AND WATER CONSERVATION DISTRICT DIRECTORS FOR

ATTENDANCE AT DISTRICT BOARD MEETINGS

 

Offered by:  Ways and Means Committee

 

Pursuant to Soil & Water Conservation Districts Law § 7

 

            RESOLVED:

 

            1.         That section 1. of Resolution No. 27-79, as amended by Resolution No. 101-97 and Resolution No. 222-01, is amended to read as follows:

 

1.         That retroactive to January 1, 2010, the compensation for each Director of the Board of Directors of the Allegany County Soil and Water Conservation District is fixed at Seventy-Five Dollars ($75.00) for each district board meeting attended by such Director.  Members of the Soil and Water Conservation District Board of Directors who are also members of the Allegany County Board of Legislators shall not be entitled to such compensation or any mileage reimbursement from the District.

 

            Moved by:  Mr. Hopkins                                                                            Adopted:  Roll Call

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

 

            Resolution Intro. No. 215-10 (Relevy of Returned School Taxes) was amended on a motion made by Legislator Hopkins, seconded by Legislator Healy and carried, by changing the effective date from November 9 to November 16, due to the fact that the final date for collection is November 15.

 

RESOLUTION NO. 209-10

 

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 16, 2010.

 

            Moved by:  Mr. Hopkins                                                                            Adopted:  Roll Call

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

 

Comments made regarding Resolution No. 209-10 included the following:  Legislator Pullen remarked that many taxpayers are not aware that the County is in the position where it guarantees that the school districts will receive their full levy.  If anything is lost, the County has to deal with it.  This is how the state set it up, and it’s something that we participate in.  Several downstate counties are threatening to discontinue this, which impacts school district funding.  Whether good or bad, it’s something that has been done, and he would want serious consideration before changing it.

 

            Resolution Intro. No. 216-10 (Relevy of Returned Village Taxes) was amended on a motion made by Legislator Hopkins, seconded by Legislator Fanton and carried, by changing the effective date from November 9 to November 16, due to the fact that the final date for collection is November 15.

 

RESOLUTION NO. 210-10

 

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 16, 2010.

 

            Moved by:  Mr. Hopkins                                                                            Adopted:  Roll Call

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

 

Comments made regarding Resolution No. 210-10 included the following:  Legislator Pullen noted that the same comments he made for the last Resolution apply here.  All the other subordinate units get their full levy, and the County is on the hook if there’s a shortfall.

 

RESOLUTION NO. 211-10

 

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 23, 2010, and November 1, 2010, 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. Hopkins                                                                            Adopted:  Roll Call

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

 

RESOLUTION NO. 212-10

 

A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE

2008-2011 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED

WITH REGARD TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN;

DIRECTING MAILING OF NOTICES OF APPROVAL OF APPLICATIONS

FOR CORRECTED TAX ROLLS AND

ORDERING THE VARIOUS TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS; PROVIDING FOR CHARGE BACKS OR CREDITS

 

Offered by:  Ways and Means Committee

 

Pursuant to Real Property Tax Law § 554

 

            WHEREAS, applications, for the taxpayers hereafter described, have been made to the County's Director of Real Property Tax Service Agency, for the correction of certain errors affecting their real property on various tax rolls, and

 

            WHEREAS, the Director has transmitted to this Board the applications, in duplicate, together with a written report of his investigation of the claimed errors and his written recommendation for action thereon by this Board as to each application, and

 

            WHEREAS, this Board has examined each application and report to determine whether the claimed error exists, now, therefore, be it

 

            RESOLVED:

 

            1.         That with regard to the applications for the named taxpayers pertaining to claimed errors regarding their real property on the respective tax rolls of the named Towns, this Board of Legislators does determine that the claimed errors as alleged in those applications exist and does approve those applications.

 

            2.         That the Chairman of this Board is authorized and directed to make a notation on those applications and the duplicates thereof that they are approved, to enter thereon the respective correct extension of taxes as set forth by the Director in his report, to enter thereon the respective date of mailing of a notice of approval, to enter thereon the date of mailing of a certified copy of this resolution to the proper Tax Collector, and to sign thereon as Chairman.

 

            3.         That the Clerk of this Board is directed to mail to the below listed taxpayers a notice of approval stating, in substance, that their application made has been approved, to inform the Chairman of this Board of the date of the mailing thereof, and to inform such respective taxpayers of the applicable provisions of subdivision seven of Section 554 of the Real Property Tax Law.

 

            4.         That the Tax Collector of the Town of Amity is ordered and directed to correct in the 2009-2010 and 2010 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         Tullar, Thomas: Parcel 171.-1-96.2

                        Assessment:  Land $165,000 Total $165,000

 

this is a duplicate parcel and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following refund:

 

                                                                                             2009                     2010

                        Allegany County                              $3,455.33            $3,466.12

                        Town                                                     1,830.01               1,930.16

                        Fire                                                           216.84                  226.35

                        School Relevy                                  $4,040.97               3,905.92

                        Less Payment Applied                     -6,072.90             -6,063.62

                        Total                                                    $3,470.25            $3,464.93

 

            5.         That the Tax Collector of the Town of Andover is ordered and directed to correct in the 2010-2011 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         US Energy Development Corp.: Parcel 188.-1-987

                        Assessment:  Land $683,074 Total $683,074

 


this parcel’s assessment was calculated wrong for the new file, and by reducing the Total Taxable Value to $241,681, and by correcting the County and Town taxes, as follows:

 

                        Wellsville Central School               $6,309.96

                        Library                                                      125.89

                        Total                                                    $6,435.85

 

and the County Treasurer is directed to make the following charges on her books:

 

                        Wellsville Central School             $11,524.18

                        Library                                                      229.93

                        Total                                                 $11,754.11

 

            6.         That the Tax Collector of the Town of Belfast is ordered and directed to correct in the 2010-2011 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         Goodman, Donald R.: Parcel 116.-1-1.3

                        Assessment:  Land $25,100 Total $25,100

 

this parcel was combined with another parcel and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

 

                        Belfast Central School                       $466.46

                        Library                                                        11.44

                        Total                                                       $477.90

 

            b.         Goodman, Donald R.: Parcel 116.-1-1.3.1

                        Assessment:  Land $24,100 Total $29,100

 

this parcel was combined with another parcel and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

 

                        Belfast Central School                       $540.80

                        Library                                                        13.26

                        Total                                                       $554.06

 

            7.         That the Tax Collector of the Town of Clarksville is ordered and directed to correct in the 2010-2011 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         Nolder, William & Sandra.: Parcel 219.-1-13.22

                        Assessment:  Land $25,600 Total $102,400

 


this parcel should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her book:

 

                        Bolivar-Richburg Central School  $1,256.49

                        Library                                                        28.72

                        Total                                                    $1,285.21

 

            8.         That the Tax Collector of the Town of Scio is ordered and directed to correct in the 2008, 2009, 2010 and 2010-2011 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         Oldenburg, Donn A.: Parcel 225.10-1-10.31

                        Assessment:  Land $3,000 Total $3,000

 

this parcel was combined and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following refund on her books:

 

                                                                                             2008

                        Allegany County                                    $59.50

                        Town                                                          36.90

                        Fire                                                               4.89

                        Total                                                       $101.29

 

            b.         Oldenburg, Donn A.: Parcel 225.10-1-10.33

                        Assessment:  Land $40,500 Total $40,500

 

this parcel was combined and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following refund on her books:

 

                                                                                             2008

                        Allegany County                                 $803.22

                        Town                                                        498.08

                        Fire                                                             66.05

                        Unpaid Water                                         280.31

                        Total                                                    $1,647.66

 

            c.         Oldenburg, Donn A.: Parcel 225.10-1-10.31

                        Assessment:  Land $3,000 Total $3,000

 

this parcel was combined and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

 


                                                                                             2009               2010     2010-2011

                        Allegany County                                    $60.55            $65.78                       

                        Town                                                          39.31              38.65                       

                        Fire                                                               4.83                6.10                       

                        School Relevy                                        100.65            107.68                       

                        Wellsville Central School                                                                     $99.00

                        Library                                                                                                          1.98

                        Water District                                               5.48                6.84                       

                        Total                                                       $210.82          $225.05          $100.98

 

            d.         Oldenburg, Donn A.: Parcel 225.10-1-10.33

                        Assessment:  Land $40,500 Total $40,500

 

this parcel was combined and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

 

                                                                                             2009               2010     2010-2011

                        Allegany County                                 $817.41          $888.03                       

                        Town                                                        530.71            521.84                       

                        Fire                                                             65.27              82.38                       

                        School Relevy                                    1,358.75         1,453.66                       

                        Wellsville Central School                                                               $1,336.44

                        Water District                                            73.91              92.31                       

                        Library                                                                                                        26.66

                        Unpaid Water                                           40.28            121.61                       

                        Total                                                    $2,886.33      $3,159.83      $1,363.10

 

            9.         That the Tax Collector of the Town of Willing is ordered and directed to correct in the 2010-2011 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         Gebelein, Conrad: Parcel 278.-1-34.3

                        Assessment:  Land $3,700 Total $3,700

 

this parcel should have been combined at grievance time on the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

 

                        Wellsville Central School                     $87.91

                        Library                                                          1.75

                        Total                                                         $89.66

 

            b.         Gebelein, Conrad: Parcel 278.-1-35

                        Assessment:  Land $700 Total $700

 

this parcel should have been combined at grievance time on the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

 

                        Wellsville Central School                     $16.63

                        Library                                                            .33

                        Total                                                         $16.96

 

            c.         Gebelein, Conrad: Parcel 278.-1-78.2

                        Assessment:  Land $6,900 Total $6,900

 

this parcel should have been combined at grievance time on the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

 

                        Wellsville Central School                  $163.94

                        Library                                                          3.27

                        Total                                                       $167.21

 

            10.       That the Tax Collector of the Town of Wirt is ordered and directed to correct in the 2010-2011 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         Frame, Edward & Frame, Patricia: Parcel 209.-1-17.1

                        Assessment:  Land $43,900 Total $43,900

 

this parcel was sold and split off and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her book:

 

                        Bolivar-Richburg Central School     $761.88

                        Library                                                        12.31

                        Total                                                       $774.19

 

            11.       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.

 

            12.       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, 2011.  The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2011.

 

            Moved by:  Mr. Hopkins                                                                            Adopted:  Roll Call

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

 


            A motion was made by Legislator Ungermann, seconded by Legislator Sinclair and carried, to grant Legislator O’Grady permission to abstain from voting on Resolution Intro. No. 219-10 (Approval of Final 2011 Allegany County Plan under County Special Traffic Options Program for Driving While Intoxicated; Authorizing STOP DWI Coordinator to Enter into Agreements for Services).

 

RESOLUTION NO. 213-10

 

APPROVAL OF FINAL 2011 ALLEGANY COUNTY PLAN UNDER COUNTY

SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED; AUTHORIZING STOP DWI COORDINATOR TO ENTER INTO

AGREEMENTS FOR SERVICES

 

Offered by:  Public Safety and Ways and Means Committees

 

Pursuant to Vehicle and Traffic Law § 1197

 

            RESOLVED:

 

            1.         That the final Allegany County 2011 STOP DWI Plan is approved and shall replace on and after January 1, 2011, the Plan approved by Resolution No. 196-2009.

 

            2.         That the STOP DWI Coordinator is authorized to enter into agreements with Towns and Villages who wish to participate in the STOP DWI Program; all such agreements to be in accordance with the approved Plan.

 

            Moved by:  Mr. Healy                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                           13 Ayes, 0 Noes, 1 Absent

                                                                                                                              Abstaining:  O’Grady

 

(Memo:  Regarding Resolution No. 213-10, the 2011 STOP DWI Plan was approved in the amount of $139,078, for which there is no fiscal impact for the County.  Revenue for the 2011 program year is estimated at $150,000, derived solely from DWI fines.)

 

RESOLUTION NO. 214-10

 

APPROVING AN AGREEMENT WITH J. O’CONNELL & ASSOCIATES, INC.

GRANTS CONSULTANTS FOR THE PROVISION OF GRANT WRITING SERVICES; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT

 

Offered by:  Ways & Means Committee

 

            RESOLVED:

 

            1.         That an agreement between Allegany County and J. O’Connell & Associates, Inc. Grants Consultants for grant writing services in the amount of $30,000 is approved.

 

            2.         That the fee for such services shall be paid out of the Crossroads Capital Project Account (H6997.200).

 

            3.         That the Chairman of this Board is authorized to execute this agreement.

 

            Moved by:  Mr. Hopkins                                                                            Adopted:  Roll Call

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

 

Comments made regarding Resolution No. 214-10 included the following:

 

Legislator O’Grady noted that at a recent District IV meeting, it was asked why the County doesn’t utilize in-house services of employees whose job descriptions include seeking grant funding instead of using contract services.  Legislator Sinclair responded that there are certain types of grants that require extensive research and preparation, and knowledge on how to prepare the grants in order to be successful.  We’re talking about specialty HUD-type grants for infrastructure, such as water and sewer lines; Environmental Facilities Corporation; and the Small Cities Development Corporation.  This level of grant writing is more than what you would give to an average employee who happens to have that in their job description.  This firm has a staff of eight people, including researchers and experienced grant writers, and they also have the capability to manage the grants afterward.  They have experience writing grants for these agencies and know what is needed.  This is an efficient way of furthering our infrastructure development project and our economic development efforts in the County.  The funds being used for the contract were originally allocated to the County during the confrontation with low-level radioactive waste to compensate us for the time and expense incurred in working through that process.  Special state legislation has allowed the County to use the residual funds for economic development purposes. There will be no extra expense for the taxpayers.

 

Legislator Ungermann pointed out that the promise of something happening at the Crossroads is long-standing, and relying on something to get done in-house hasn’t worked.  Mr. Ungermann noted that he didn’t mind spending some money if we’re going to increase the tax base.  The County has been spending plenty of money on other things, like the Courthouse addition, that don’t expand our tax base at all.  This is long over-due.

 

Legislator Cady commented that we have to take action to complete this project.  He questioned if the acquisition of easements with landowners was nearly complete, and it was noted that they are.  Mr. Cady also asked that if these grants are submitted and rejected, can the same application be used later with no new expense.  Mr. Margeson replied that it could.

 

Legislator Healy remarked that this money was set aside for the purpose of development at the Crossroads, and the time has arrived to get it done.  This isn’t just about the expenditure of money, but investment in our future.  He applauded Mr. Sinclair for his work on this.

 

Chairman Crandall noted that the state legislation allowing the use of the money specifically identified the Crossroads area.  Regarding in-house grant writing, he pointed out that there are many County employees who are very successful in writing and obtaining grants on a regular basis, but it sounds like this is a specialized area.

 

RESOLUTION NO. 215-10

 

APPROVAL OF AGREEMENTS WITH APPROVED PROVIDERS OF PROGRAMS,

SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES

 

Offered by:  Human Services and Ways and Means Committees

 

            RESOLVED:

 

            1.         That Agreements titled "County of Allegany Contract for Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with Cattaraugus Rehabilitation Center, Inc. d/b/a Children’s Learning Center and Friendship Central School, for the period September 1, 2010, to August 31, 2011, are approved.

 

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

 

            Moved by:  Mr. Burdick                                                                             Adopted:  Roll Call

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

 

Comments made regarding Resolution No. 215-10 included the following:  Legislator Pullen remarked that this issue should be handled under the Education Law and the public school system.  The state pushed this onto the counties.  The primary reason appears to be that the state aid rates for school districts is significantly higher than the state aid contribution rate for counties.  It’s mandated, so we don’t have any choice.  This Resolution is just to approve certain providers.  It’s just another case of us incurring expense and spending taxpayers’ dollars, not because of what we’ve decided, but simply because it’s a mandate.

 

RESOLUTION NO. 216-10

 

PLACING ALL RETIREES CURRENTLY ENROLLED IN THE

ALLEGANY COUNTY HEALTH INSURANCE PLAN INTO

OPTION 1 OF THE COUNTY HEALTH INSURANCE PLAN

EFFECTIVE JANUARY 1, 2011

 

Offered by:  Personnel Committee

 

            RESOLVED:

 

            1.         That all retirees who are currently enrolled in the Health Insurance Plan offered by Allegany County shall be placed in Option 1 of that plan as of January 1, 2011.

 

            Moved by:  Mr. O’Grady                                                                            Adopted:  Roll Call

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

 

Comments made regarding Resolution No. 216-10 included the following: 

 

Legislator Ungermann questioned if the Resolution includes retired Legislators, to which Mr. Margeson replied that it does.

 

Legislator Pullen commented that the Health Insurance Option 1 Plan emphasizes the use of in-network providers, and there have also been recent changes in drug co-pays.  Since implementing for active non-unit personnel, significant savings have been realized this past year.  The PEF union recently approved a contract that will put new employees under Option I, and that along with this resolution will further enhance those savings.  There are ongoing efforts to achieve savings and get costs down.  As a result, our costs have gone down in recent years for the self-insurance health coverage, whereas most other providers have seen double-digit increases almost every year and again this year.

 

RESOLUTION NO. 217-10

 

APPROVING AN AGREEMENT BETWEEN H B SOFTWARE SOLUTIONS, INC., ALLEGANY COUNTY AND ALLEGANY/WESTERN STEUBEN

RURAL HEALTH NETWORK, INC. TO PROVIDE SOFTWARE LICENSING,

SUPPORT AND CONSULTING SERVICES FOR USE BY

ALLEGANY COUNTY’S PUBLIC TRANSPORTATION SYSTEM

 

Offered by:  Ways & Means Committee

 

            RESOLVED:

 

            1.         That an agreement between HB Software Solutions, Inc., Allegany County and Allegany/Western Steuben Rural Health Network, Inc. to provide software licensing, support and consulting services for use by Allegany County’s public transportation system is approved.

 

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

 

            Moved by:  Mr. Hopkins                                                                            Adopted:  Roll Call

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

                                                                                                                                 Voting No:  Burdick

 

(Memo:  The software referenced in Resolution No. 217-10 will assist with bus transportation routing and trip scheduling.  The GIS-based coordinated public transportation software will help identify instances where cost savings are possible.  For instance, it will help identify when an existing fixed route could be used for a medical transport, rather than arranging a more costly personal pick-up.)

 

Comments made regarding Resolution No. 217-10 included the following:

 

Legislator Ungermann questioned the cost of the agreement and whether it was entirely grant funded.  Mr. Margeson replied that the cost was a little over $113,000, all grant funds.  Legislator Sinclair asked if we are sure some of the funds didn’t come through Thruway Authority or tolls.  Mr. Margeson stated that it was federally generated with state pass-through.

 

Legislator Pullen pointed out that it’s mandated for the County to provide certain levels of services for Medicaid recipients and others, so it’s not a choice of doing this or nothing, it’s doing this or another alternative.  In the past, we’ve used methods that cost two to three times what this program is now costing.  Hopefully, this contract will make it even more efficient.  Frustration has been expressed about the lack of ridership, but the program is working on it.  Mr. Pullen supported the agreement grudgingly in hopes ridership goes up and it helps to decrease the local share.

 

AUDITS:

 

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

 

            A motion was made by Legislator O’Grady, seconded by Legislator Hopkins and adopted on a roll call vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $4,684,223.40 including prepaid expenses, be approved for payment as recommended by the County Administrator (opposed:  Ungermann).  (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $6,741,407.)

 

COMMENTS:

 

            Legislator Ungermann pointed out that Erie County, with a population of 1.5 million, voted in, with a 75 percent margin, a reduction in the number of Erie County Legislators from 15 to 11.  It’s time for this County to discuss that, let the people debate it, and let the people vote on it.  Mr. Ungermann is willing to support such a resolution.  The process was started once before, and it stalled in Ways and Means. 

 

            Legislator Sinclair noted that the Erie County legislative body had extreme difficulties, and the public realized that and reduced their numbers.  He didn’t see Allegany County as being similar in any way.  Mr. Sinclair felt that this Legislature is functioning very well as a body, and also he thought we’re a little different.  An example is that the Village of Cuba has stricken down the idea of reducing government.  If it’s not broke, don’t fix it.  Mr. Ungermann responded that Erie County did have problems, but the Control Board has left, and the Legislature is on its own. 

 

            Legislator O’Grady noted that he’s not opposed to putting the issue up for consideration, if that’s what we need to do, but he pointed out another difference.  Erie County has 15 full-time Legislators, and the total bill is considerably larger than what we put forth in Allegany County. 

 

            Legislator LaForge stated that he’d support Mr. Ungermann’s proposal, if it was part of a comprehensive look at the entire way we deliver government here in the County, including the 29 towns and 10 villages.  There’s a lot of overlap and duplication of services.  A case in point is the number of snow plows from multiple municipalities going over the same road.

 

            Legislator Pullen commented that he thought it may have been a good idea for some of the reasons already suggested that Erie County should actually do this.  Their Legislators are paid $42,588 each.  Costs for the Legislators totaled $658,821 in 2009. Our cost is basically $127,500.  But it doesn’t stop there.  Will the remaining 11 Legislators get a raise due to the increase in work?  And they don’t work alone.  Each one has an intern, and they have their own legal counsel; they do not use the County Attorney.  They have four full-time assistants.  The total salaries for personnel came to $1,967,598 in 2009.  That dwarfs what we are spending.  Mr. Pullen is in favor of cutting costs, but he pointed to a study done by a foundation that’s part of the University of Buffalo that indicates when you reduce the number of representatives, you make it harder for the public to actually talk to someone.  Depending on what you’re looking at, if the costs are exorbitant, he would support cutting those costs.  When you look at Erie County’s 15 Legislators generating costs of almost $2 million and compare that to Allegany County with total costs amounting to about $300,000, do we want to consider Erie County as our example?  And that’s not counting the fact that they have had a dysfunctional County government.  They spent $535,397 in 2007 and 493,000 in 2009 on a financial control board.  They have finally gotten out from under that, but that probably has more to do with the County Executive than the County Board.  Our people deserve the best government they can get at the best price.  Mr. Pullen noted that he doesn’t know of anyone serving on this Board for the money.  Erie County’s Legislature isn’t something he’d want to use as an example.  He was at a District 1 meeting recently and was asked if the Board would consider a reduction in the number of Legislators.  He asked the person what he hoped to achieve, and the answer was cost savings.  He asked the person what he thought a Legislator is paid; the reply was that it had to be over $100,000.  Mr. Pullen pointed out to this person that it was only a little over $100,000 for all 15 Legislators.  Who on this Board doesn’t bring a valuable perspective?  He values all the points of view and contributions, even if he disagrees with some.  We will lose that if we reduce.  Mr. Pullen stated that he would be willing to consider the issue, but it doesn’t seem to add up.

 

            Chairman Crandall remarked on action taken this morning by the Committee of the Whole to recommend reducing Personnel Services (.1) accounts in the 2011 Tentative Budget by $75,000 which would bring our tax rate increase to zero.  It will be a positive move by this Board.  There is obviously time to make adjustments.  Prior to the Budget Hearing on Wednesday evening, a Committee of the Whole meeting is scheduled, and Chairman Crandall urged attendance by Board members, Department Heads, and the public.  The meeting will deal with state and federal mandated programs and the effect they have on us as taxpayers in Allegany County.

 

ADJOURNMENT:  The meeting was adjourned at 2:58 p.m. on a motion made by Legislator Cady, seconded by Legislator LaForge and carried.