ALLEGANY
REGULAR SESSION
SEPTEMBER 13, 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 Specialist 4th Class Cecil E. Jenison.
INVOCATION: The
Invocation was given by Legislator David Pullen.
ROLL
CALL: 13 Present; 2 Absent (Legislators Hopkins and
Russo).
APPROVAL OF
MINUTES:
The Board meeting minutes of August
23, 2010, were approved on a motion made by Legislator Pullen, seconded by
Legislator Fanton and carried.
The Committee of the Whole meeting
minutes of August 23, 2010, were approved on a motion made by Legislator Curran,
seconded by Legislator Sinclair and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Curtis W. Crandall
presented a certificate to Cecil E. Jenison, former United States Army Specialist
4th Class, in grateful appreciation of his service to our Country. Mr. Jenison’s service dates were from September
1961 to October 1964. Following Basic
Training at
Chairman
Chairman Crandall granted privilege
of the floor to Allegany County Area Foundation Executive Director Robert
Christian and Board Member Leslie Haggstrom.
Mr. Christian thanked the Legislative Board for its support. The past two years have been tough, financially,
for the Foundation, as well as individuals.
The theme of their annual report is “Bridging the Gap,” illustrating
that they are doing their best to bridge the “gap” of the financial situation
that both they and the people of the County are in. Although their gifts, grants, and
scholarships have all been down from what they were prior to the economic
downturn, they will still be giving over $100,000 in scholarships to County
kids this year. This past May, the
Foundation awarded $35,000 in new scholarships, along with all of the renewable
existing scholarships. There were also several
grant awards. The two most recent were
start-up grants to the Wellsville Community Center for their new youth program
and the new Allegany County Historical Society.
The grants are not large, but they have been able to encourage and show
support to groups trying to get started.
A perfect example is the
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Report
of Intrafund Transfers approved by the
2. Report
of Tax Bill Corrections approved by the
The
following communications were also acknowledged:
1. Allegany County Planning and Economic
2. Southern Tier West Regional Planning
and
3. The next Fire Advisory Board meeting
will be September 23, at 8 p.m., in the
4. Correspondence from Senator Catharine
Young confirming receipt and support of our resolutions regarding the
establishment of a Joint Revenue Resource Center, opposition to the DEC’s
revised regulations on outdoor wood boilers, and Medicaid reforms.
5. Copy of correspondence that Assemblyman
Daniel Burling sent to the Governor’s Traffic Safety Committee in support of
the grant application to the Office of Probation and Correctional Alternatives entitled,
“Implementation Assistance for Leandra’s Law.”
6. Correspondence from the Allegany Senior
Foundation thanking the Board for its donation in memory of Patrick Jessup.
7. Correspondence from the Genesee River
Wilds Project Committee and Supporters inviting
PROCLAMATION:
Chairman
Crandall proclaimed September 13-19, 2010, as Adult Education and Family
Literacy Week in
RESOLUTIONS:
RESOLUTION
NO. 169-10
Offered by:
Planning and Economic Development Committee
RESOLVED:
1. That Benjamin Lipscomb of Fillmore, New
York, is appointed to fill a vacant un-expired three-year term in District 1 to
the Allegany County Planning Board, with term of office commencing August 23,
2010, and expiring December 31, 2012.
Moved by: Mr. Sinclair Adopted: Voice Vote
Seconded by: Mr. Pullen
Resolution Intro. No.
176-10 (Approval of Sale of 2010 Tax Sale Properties) was amended on a motion
made by Legislator Fanton, seconded by Legislator Healy and carried, to change
the spelling on the second to the last name listed on page 2 of the resolution from Dune, Michael A. to Dunn,
Michael A.
RESOLUTION
NO. 170-10
APPROVAL OF
Offered by: Ways and Means Committee
Pursuant to
Resolution No. 195-97, as amended
by Resolution No. 95-98
RESOLVED:
1. That the sale of tax delinquent
properties as shown below, to the owners and purchasers shown, for the
consideration shown, subject to terms and conditions of sale for such
properties, is approved.
2. That upon the securing by the County
Attorney of a proper court order authorizing the conveyance to the County of
such of the below mentioned properties which are subject to the 2008 and/or
back to the year 1995 (TF95 up to and including TF08) tax foreclosure
proceedings and the subsequent execution of a deed of all of the below
mentioned properties to the County by the County Tax Enforcement Officer, the
Chairman of this Board of Legislators is authorized and directed to execute on
behalf of the County of Allegany and to cause to deliver to such owners and
purchasers quit claim deeds of the County’s interest in such properties and to
affix to each such deed the official seal; all upon satisfaction of the terms
and conditions of sale and the full payment to the County Treasurer of the
monetary considerations.
New Owner
Address Recorded Date
|
WILSON-WHEELER, NORA L. Tax sale amount: $500 |
Parcel ID: 022400/301.-1-28 Prop Loc: Assessed value: $28,000 Acreage: 0.50 |
Book: 1172 Page: 113 |
|
MIDDAUGH, RICHARD C. Tax sale amount: $125 |
Parcel ID: 024200/52.3-1-66 Prop Loc: Assessed value: $101,300 Acreage: 0.46 |
Book: 1632 Page: 137 |
|
MIDDAUGH, RICHARD C. Tax sale amount: $510 |
Parcel ID: 025000/182.7-1-59 Prop Loc: Assessed value: $45,000 Acreage: 0.44 |
Book: 1384 Page: 225 |
|
LANANGER, RANDY T. Tax sale amount: $6,600 |
Parcel ID: 025000/195.-1-30.1 Prop Loc: Assessed value: $26,400 Acreage: 1.92 |
Book: 1199 Page: 38 |
|
KELLY, GIRARD DUNN, MICHAEL A. 3928 Co Rt 16 Tax sale amount: $19,501 |
Parcel ID: 025000/196.-1-30.31 Prop Loc: Assessed value: $17,000 Acreage: 39.90 |
Book: 1362 Page: 260 |
|
BREAU, JOSEPH A. PEARSON, VICTORIA M. Tax sale amount: $16,100 |
Parcel ID: 025000/196.-1-30.32 Prop Loc: Assessed value: $17,600 Acreage: 9.50 |
Book: 1362 Page: 242 |
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Healy 12
Ayes, 1 No, 2 Absent
Voting
No: Sinclair
Comments made
regarding Resolution No. 170-10 included the following: Legislator Ungermann pointed out that we’re taking in about $43,000 on $235,000
assessed value for these properties, and we accepted only $125 for a parcel
assessing for $101,000.
RESOLUTION
NO. 171-10
A RESOLUTION DETERMINING
THAT ERRORS EXIST ON THE
2010 COUNTY AND TOWN TAX
ROLLS FOR THE TOWNS NAMED
WITH REGARD TO REAL
PROPERTY OF VARIOUS TAXPAYERS THEREIN;
DIRECTING MAILING OF
NOTICES OF APPROVAL OF APPLICATIONS
FOR CORRECTED TAX ROLLS AND
ORDERING THE VARIOUS TOWN
TAX COLLECTORS TO
CORRECT THE TAX ROLLS;
PROVIDING FOR CHARGE BACKS OR CREDITS
Offered by:
Ways and Means Committee
Pursuant to Real Property Tax Law § 554
WHEREAS, applications, for the taxpayers hereafter described, have
been made to the County's Director of Real Property Tax Service Agency, for the
correction of certain errors affecting their real property on various tax
rolls, and
WHEREAS, the Director has transmitted to this Board the
applications, in duplicate, together with a written report of his investigation
of the claimed errors and his written recommendation for action thereon by this
Board as to each application, and
WHEREAS, this Board has examined each application and report to
determine whether the claimed error exists, now, therefore, be it
RESOLVED:
1. That with regard to the applications
for the named taxpayers pertaining to claimed errors regarding their real
property on the respective tax rolls of the named Towns, this Board of
Legislators does determine that the claimed errors as alleged in those
applications exist and does approve those applications.
2. That the Chairman of this Board is
authorized and directed to make a notation on those applications and the
duplicates thereof that they are approved, to enter thereon the respective
correct extension of taxes as set forth by the Director in his report, to enter
thereon the respective date of mailing of a notice of approval, to enter
thereon the date of mailing of a certified copy of this resolution to the
proper Tax Collector, and to sign thereon as Chairman.
3. That the Clerk of this Board is directed
to mail to the below listed taxpayers a notice of approval stating, in
substance, that their application made has been approved, to inform the
Chairman of this Board of the date of the mailing thereof, and to inform such
respective taxpayers of the applicable provisions of subdivision seven of
Section 554 of the Real Property Tax Law.
4. That the Tax Collector of the Town of
Cuba is ordered and directed to correct in the 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. Al-Humadi, Adil H. & Al-Humadi,
Jehan; Parcel 144.22-1-35
Assessment: Land $248,000 Total $248,000
grievance changes were not added to the file, and by reducing the Taxable Value to $112,500,
and by correcting the taxes, as follows:
|
|
$1,766.55 |
|
Town of |
933.17 |
|
|
56.00 |
|
|
153.17 |
|
Cuba Sewer District |
246.95 |
|
Total |
3,155.84 |
and the
|
|
$2,127.71 |
|
Town of |
1,123.96 |
|
|
67.44 |
|
|
184.48 |
|
Total |
3,503.59 |
5. 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.
6. 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
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Healy 13
Ayes, 0 Noes, 2 Absent
RESOLUTION
NO. 172-10
ACCEPTANCE AND APPROPRIATION OF CARRY-OVER
FUNDING FROM
THE AMERICAN REINVESTMENT AND RECOVERY ACT
(ARRA);
AMENDMENT OF CONTRACT BETWEEN
THE CATTARAUGUS-ALLEGANY WORKFORCE
INVESTMENT BOARD, INC. AND
THE ALLEGANY
FOR ARRA ONE STOP SERVICES; AUTHORIZING THE
ALLEGANY
Offered by: Planning and Economic Development and Ways
and Means Committees
RESOLVED:
1. That the sum of $62,821 from the
American Reinvestment and Recovery Act (ARRA) is accepted and appropriated as
follows: $6,700 to Account No. CD1 6400.101,
$3,170 to Account No. CD1 6400.806, $5,000 to Account No. CD1 6402.101, $11,500
to Account No. CD1 6402.474, $2,521 to Account No. CD1 6402.806, $3,500 to
Account No. CD1 6406.101, $28,730 to Account No. CD1 6406.474, $1,700 to
Account No. CD1 6406.806, with a like sum credited to Revenue Account CD1
11.4789.STIM.
2. That the Amended Agreement between the
Cattaraugus-Allegany Workforce Investment Board, Inc. and Allegany County
Employment & Training Center regarding term of agreement and total funds
not to exceed $62,821, is approved.
3. That the Allegany County Employment and
Training Director is authorized to execute said Amended Agreement.
Moved by: Mr. Pullen Adopted: Roll Call
Seconded by: Mr. Fanton 13
Ayes, 0 Noes, 2 Absent
RESOLUTION
NO. 173-10
TRANSFER OF FUNDS WITHIN OFFICE OF
DEVELOPMENT ACCOUNTS
Offered by:
Planning and Economic Development Committee
RESOLVED:
1. That
the sum of $525 is transferred from Account No. A6430.4 to Account No. A6430.2,
for purchasing a laser printer.
Moved by: Mr. Sinclair Adopted: Roll Call
Seconded by: Mr. Healy 13
Ayes, 0 Noes, 2 Absent
RESOLUTION
NO. 174-10
APPROVAL OF FIVE-YEAR
AGREEMENT BETWEEN
IMPLEMENTING 2010 COMPENSATION
NOTWITHSTANDING PROVISIONS OF
RESOLUTION NO. 225-09
Offered by: Personnel Committee
RESOLVED:
1. That Agreement between the
2. That the Chairman of this Board is
authorized to execute said Agreement.
3. That notwithstanding the provisions of
section 4 of Resolution No. 225-09 to the contrary, retroactive to and from
January 1, 2008, each employee occupying a position set forth in Agreement
between the County of Allegany and the Public Employees Federation, AFL-CIO,
approved by this resolution, shall receive the salary or rate of compensation
for the step of the grade of the position occupied that is set forth in such
Agreement, and which salary or rate of compensation such employee is entitled
to receive commencing January 1, 2008, pursuant to such Agreement; the
increment recommendations from the department heads for each employee under
their jurisdiction receiving such recommendation being approved.
Moved by: Mr. O’Grady Adopted: Roll Call
Seconded by: Mr. Pullen 12
Ayes, 1 No, 2 Absent
Voting
No: Ungermann
Comments made regarding Resolution No. 174-10
included the following:
Legislator Ungermann noted that the contract was
moved to the full Board without the committee having an opportunity to read it,
although Mr. Rooney, the negotiator, provided a synopsis. After reading the agreement, Mr. Ungermann
had several questions. One issue is that
he doesn’t believe the County should have to worry about deducting payments for
auto and homeowner insurances, disability, and life insurance from employees’ pay
checks. That should be their
responsibility. Another issue is
contributions to health insurance. For
one health plan, there is a substantial contribution of 14 to 15 percent; for
the other plan, it’s only about four percent.
Most state workers pay about 18 percent.
Mr. Ungermann had asked Mr. Rooney if it would be a lot easier to
negotiate a contract if everyone contributed to health insurance, and he said, “Absolutely.” Mr. Ungermann commented on leading by example,
and pointed out that there are Legislators and Department Heads who should be
contributing a like amount to health insurance.
One of the other issues relates to people who have commercial drivers’
licenses being reimbursed for hazardous materials endorsements, which he felt
was alright, but he didn’t see any mention of a random drug and alcohol testing
program for them, which the general public has to have. Mr. Ungermann won’t support any contracts
until the leadership starts paying too.
Legislator O’Grady agreed with Mr. Ungermann about
getting health insurance contributions from all employees. Approving this contract is a step in that
direction. He also pointed out that the reason
we have this union is a comment made three years ago about being able to change
these benefits with the stroke of a pen.
Mr. O’Grady felt that the contract was fair for all parties, and even
though there are no immediate savings on the health insurance front, there will
be savings long term.
Legislator Pullen commented that this is the
first contract with this unit, and it represents a significantly improved set
of terms and conditions versus what have existed in the past for other
unions. Mr. Pullen supports the contract
as the best that we can achieve at this point.
Hopefully things can continue to be negotiated to reach a fair and appropriate
balance, although this is more balanced than contracts we’ve had in recent
years, and it represents the direction we have to move. It’s similar to what other municipalities
have sought and some have been fortunate enough to obtain some of what we have
achieved here.
Legislator Cady questioned if the longevity to
be awarded at various times was just for the one year or if it would continue
on as part of the salary.
Chairman Crandall responded to an earlier
comment by stating that all Legislators received copies of the contract. He noted that the approach of the
Legislature, when they began working through this, was to establish an ad hoc
committee through the Personnel Committee that would act as a liaison between this
Board and the negotiations. Mr. Pullen has
spent as much time sitting in on meetings and helping to work through
management’s position in negotiations as some Legislators spend on all other
areas of Board work together. Chairman
Crandall thanked Legislator David Pullen, the management team led by County
Administrator John Margeson, Personnel Officer Ellen Ruckle, and the employees
of PEF. An agreement isn’t an agreement
until you can get the two sides together and work out the details. The employees and the executive board from
PEF have agreed to this contract, and the Board’s vote is the last vote to be
taken.
AUDITS:
A motion was made by
Legislator O’Grady, seconded by Legislator Fanton and carried, that the audits
be acted upon collectively and by totals.
A motion was made by
Legislator Pullen, seconded by Legislator Fanton and adopted on a roll call
vote of 12 Ayes, 1 No, 2 Absent, that the audit of claims, totaling $4,601,234.66,
including prepaid expenses, be approved for payment as recommended by the
County Administrator (opposed:
Ungermann). (
COMMENTS:
Legislator Ungermann made
note of the 6th Annual Cuba Garlic Festival to be held next weekend
(September 18 and 19). Approximately 8,000
people attended last year.
ADJOURNMENT: The meeting was adjourned at 2:50 p.m. on a motion made by Legislator O’Grady,
seconded by Legislator Burdick and carried.