Board Minutes – Common formatting and phrases:

ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

AUGUST 22, 2011

** 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 Marine Corps Corporal Mason Pettibone.

INVOCATION: The Invocation was given by Legislator David Pullen.

ROLL CALL: 15 Legislators Present: Glenn Benson, Douglas Burdick, Donald Cady, Curtis Crandall, Philip Curran, Dwight Fanton, Karl Graves, Dwight (Mike) Healy, Theodore Hopkins, Kevin LaForge, Aaron McGraw, Timothy O’Grady, David Pullen, Frederick Sinclair, Norman Ungermann, Jr.

APPROVAL OF MINUTES: The Board meeting minutes of August 8, 2011, were approved on a motion made by Legislator Curran, seconded by Legislator Graves and carried.

PRIVILEGE OF THE FLOOR:

Chairman Crandall presented a certificate to Mason Pettibone, former United States Marine Corps Corporal, in grateful appreciation of his service to our Country. Mr. Pettibone’s service dates were from February 1968 to March 1970. Following Basic Training at Parris Island, SC, assignments included: Glynco, GA, Cherry Point, NC, and Camp Lejeune, NC. Commendations he received included: Good Conduct Medal and National Defense Service Medal. Mr. Pettibone led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.

Chairman Crandall granted privilege of the floor to the following:

ACCORD Executive Director Charles Kalthoff addressed the Board regarding the Community Services Block Grant (a resolution in support for ACCORD and the CSBG was considered later in the meeting). Mr. Kalthoff distributed copies of a draft report highlighting ACCORD Corporation’s 25 years of community service. In 1986, the Board designated ACCORD as the Community Action Agency in Allegany County. Since that time, they have served an estimated 43,000 community members through 26 locations in Allegany and Cattaraugus Counties, offering a range of services and programs including Head Start, after school programs, at-risk youth programs, housing, child care, business services, and the Empire Zone program. In 1986, ACCORD received $386,919 from federal, state, and local agencies to administer seven programs and services. In 2010, they received $8,976,761 and offered 27 programs and services to the community. ACCORD’s total payroll including fringe benefits in 1986 was $208,883. For the fiscal year ending February 28, 2011, they employed more than 170 local residents for a total payroll of $5,025,365, so they put a lot of money back in the local economy. With the addition of all the new services, the number of clients served increased from 400 in 1986 to 4,648 in 2010. Mr. Kalthoff summarized a timeline illustrating when programs were brought into the County and explained them. CSBG funding is funneled from federal to state to the local level, and those funds are administered based on a formula. ACCORD receives $224,316 and is considered a minimum grantee, whereby the rural areas that don’t meet population requirements for the formula are granted a minimum funding amount. Services are delivered through six service divisions: Housing and Facilities Management, Business and Community Development Services, Community Operations, Infant and Child Services, Child Care Services, and Youth Services. Mr. Kalthoff noted that ACCORD has brought a lot of resources and jobs to the County, and he asked for the Board’s support for the continuation of funding for the Community Services Block Grant.

Legislator Ungermann questioned if a lot of ACCORD’s clients are welfare recipients. Mr. Kalthoff replied that about one-third are, but most are working, low-income families. Mr. Ungermann asked how some of the figures were established for the Entrepreneurial Assistance Program (EAP). Mr. Kalthoff explained that ACCORD doesn’t develop those numbers. Empire State Development generates the data from interviews with ACCORD’s clients. Mr. Ungermann also asked about the types of jobs that have been created. Mr. Kalthoff responded that they are all private sector, though some may service the public sector, i.e. contractors that come back to bid on ACCORD jobs.

Veterans’ Service Agency Director Michael Hennessy presented some information and statistics on his department. Since January of this year, the County has lost 107 veterans (48 WWII, 38 Korean Conflict, 14 Vietnam, 2 Persian Gulf, and 5 Peacetime). The Veterans’ Service Agency has made contact with over 2,100 veterans to assist them with services including VA healthcare, veteran’s disability compensation, veteran’s disability pension, education and training, home loans, life insurance, burial and memorials, appeals to the VA system, military records, military medals, proper recording of military discharges, and veteran’s property exemptions. Monthly meetings have been established with the Wellsville Community Veteran’s Outreach Program working with veterans’ social workers to keep apprised of problems being encountered. Home visits are made to assist veterans with submitting paperwork to the VA. They’ve been able to identify 11 veterans who were authorized services that they never received. Their office is willing to set alternate hours in order to accommodate veterans’ needs. They are working with a joint Cattaraugus and Allegany County Veterans’ Council to address the problem of transporting veterans to medical appointments by trying to get the van to come to the Crossroads hub, rather than going only as far as Cuba. They have also been in contact with Allegany County Transit bus personnel who are researching grants to assist with transporting veterans from the northern part of the County to Crossroads. The office is working with the Bath VA on a Homecoming Service to be held in September involving a health fair and employment service people, so veterans can learn what’s available to them. Mr. Hennessy has been assisting the Vietnam Veterans’ Organization on converting their camp to a Wounded Warrior’s Retreat. There is now an acceptable road into the camp, ability to hook up electric and gas, and by the end of September, a handicapped accessible deck around the cabin. The Bath VA will be inspecting the facility on August 31 to see if it’s acceptable to them to bring their wounded veterans down for day-long retreats. Mr. Hennessy expressed his appreciation for the new joint Veterans’ Service and Office for the Aging facilities, which have been very convenient and a great asset. He looks forward to continuing outreach and assisting the veterans, and he is willing to speak to organizations regarding their services.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

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

1. September 2011 Calendar of Board and Standing Committee meeting dates. A special Budget Committee meeting was added for September 12 at 10 a.m.

The following communications were also acknowledged:

1. The County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law for properties in the Town of Wirt in the Clerk of the Board’s Office on August 19, 2011.

2. Southern Tier West Regional Planning & Development Board meeting minutes from July 21, and a Notice of Meeting for September 15, 2011.

3. Correspondence from Berni Griswold of Centerville regarding entitlement programs.

4. A ceremony to dedicate the Corporal Jason Dunham Memorial Bridge and Highway on State Route 19 will take place on Thursday, August 25, 2011, at 4 p.m. at the Crossroads Conference Center in Belmont.

RESOLUTIONS:

RESOLUTION NO. 120-11

AMENDING RESOLUTION NO. 118-67, AS AMENDED,

TO IMPOSE ALLEGANY COUNTY SALES AND USE TAX AT

THE RATE OF FOUR AND ONE-HALF PERCENT FOR THE PERIOD

BEGINNING DECEMBER 1, 2011, AND ENDING NOVEMBER 30, 2013,

AND THEREAFTER SAID RATE OF SALES AND USE TAX

TO REVERT TO THREE PERCENT

Offered by: Ways and Means Committee

Pursuant to Article 29 of the Tax Law, and Chapter 118 of the Laws of 2011

BE IT RESOLVED AND ENACTED by the Board of Legislators of the County of Allegany as follows:

Section 1. Section 4-A of Resolution No. 118-67, as amended, is hereby amended to read as follows:

Section 4-A. Imposition of additional rate of sales and compensating use taxes

Pursuant to the authority of section 1210 of the Tax Law, in addition to the sales and compensating use taxes imposed by sections 2 and 4 of this resolution, there is hereby imposed and there shall be paid an additional one and one-half percent rate of such sales and compensating use taxes, for the period beginning December first, two thousand four, and ending November thirtieth, two thousand thirteen. Such additional taxes shall be identical to the taxes imposed by such sections 2 and 4 and shall be administered and collected in the same manner as such taxes. All of the provisions of this resolution relating or applicable to the administration and collection of the taxes imposed by such sections 2 and 4 shall apply to the additional taxes imposed by this section, including the applicable transitional provisions, limitations, special provisions, exemptions, exclusions, refunds and credits as are set forth in this resolution, with the same force and effect as if those provisions had been incorporated in full into this section and had expressly referred to the additional taxes imposed by this section.

Section 2. Paragraph (D) of Subdivision (1) of Section 11. of Resolution No. 118-67, as amended, is hereby amended to read as follows:

(1) (D) With respect to the additional tax of one and one-half percent imposed for the period beginning December first, two thousand four, and ending November thirtieth, two thousand thirteen, in respect to the use of property used by the purchaser in this County prior to December first, two thousand four.

Section 3. This resolution shall take effect December first, two thousand eleven.

Moved by: Mr. Hopkins Adopted: Roll Call

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

Voting No: Ungermann

(Memo: Regarding Resolution No. 120-11, the additional one and one-half percent sales tax rate resulted in $5.9 million in revenue for 2010, based on sales tax revenue receipts of $17,841,413.)

Comments made regarding Resolution No. 120-11 included the following:

Legislator Ungermann stated that when the annual reports for the IDA and Economic Development came out, he asked if the County created any new businesses that would generate sales tax revenue. The answer was, “No.” He also asked how much sales tax we lose from businesses that are in Economic Development Zones. There was no answer. Mr. Ungermann noted that the $6 million in revenue the additional one and one-half percent sales tax generates is 22.7 percent of the $27 million raised in property taxes, and he asked if we were going to have a 20-25 percent reduction in property taxes. County Administrator John Margeson replied, “No.” Mr. Ungermann remarked that the issue isn’t where to get more revenue, but to stop spending. He felt that the money was probably already earmarked for something like a parking garage. We’re biting the hands of the businesses in this County that employ people. It’s no wonder they’re leaving. We’re creating more expense, because this will get passed on to the consumer.

Legislator Hopkins pointed out that this resolution is just keeping the sales tax rate the same as it has been for the past seven years. We’re not increasing the sales tax, just maintaining it at the same rate.

Legislator Ungermann commented that he was sure in 2013, we’ll be voting on extending it again, because we’ve done it for years.

Legislator Pullen remarked that over 90 percent of our real property tax revenue is absorbed by state mandated programs. If New York State would finance its own programs, things would be different. It’s nice to say we need to cut spending, but neither New York nor Washington will accept that as an answer and allow us to reduce those costs. Mr. Pullen stated that there are things he’d like to cut, and he referred to a letter from Berni Griswold and an article written by a Hornell alderman submitted by Mr. Ungermann regarding entitlements. New York State has said that people in New York, including singles, have the constitutional right under our State Constitution to have welfare. When the federal government engaged in reform, the state wouldn’t. We all agree that there’s a problem, and people are leaving, but the question is, “What is there that we can do right now?” Since we can’t cut these mandated programs, do we cover the costs by increasing real property taxes? New York says we can’t do that (recently established property tax cap). We have to get state approval for extending the additional sales tax rate, and counties that submitted new requests have been denied. We have a horrible problem, and the counties have no local control. The counties are creatures of the state, and the state has the right to tell us what we can do and how we can do it. Their two percent property tax cap is illogical and unconstitutional. Mr. Pullen stated that he would support the resolution because it is simply maintaining the status quo, and the alternative of increasing property taxes is even worse. Mr. Pullen referred to the presentation by Mr. Hennessy on the Veterans’ Services and the collaboration with Office for the Aging. The Office for the Aging is a wonderful program that saves the County money and improves the quality of life for many of our seniors, but it’s not a mandated program, and it may become a casualty. That’s why some of the Legislators work with the Senior Foundation and other programs to try to reverse that. New York has a fiction called municipal home rule. It’d be nice if they abided by that principal and allowed us to make our own decisions.

RESOLUTION NO. 121-11

URGING THE CONTINUATION OF FUNDING FOR

COMMUNITY SERVICES BLOCK GRANT

Offered by: Ways and Means Committee

Pursuant to Section 153 of the County Law

WHEREAS, Allegany County continues to have a high incidence of poverty and unemployment, and these conditions severely affect the quality of life for many of our neighbors, and

WHEREAS, the Community Development Program has utilized the Community Services Block Grant and other funding leveraged from that source to successfully and efficiently provide services and opportunities to low-income and unemployed residents, and

WHEREAS, the Community Services Block Grant provides not only funding but assures local control through a mandated board structure and flexibility to address changing local needs, and

WHEREAS, funding for the Community Services Block Grant is targeted for drastic reductions in multiple federal budget proposals, putting the entire range of services and opportunities provided by the Community Development Program at risk, now, therefore, be it

RESOLVED:

1. That the Allegany County Board of Legislators is supportive of the Community Development Program and urges that adequate funding for the Community Services Block Grant be adopted in the Congressional appropriations process to assure the continuation of so many vital services to the citizens of Allegany County.

2. That the Clerk of this Board is hereby directed to forward a certified copy of this resolution to Governor Andrew Cuomo, Senator Catharine Young, U.S. Representative Tom Reed, Assembly Members Giglio and Burling, InterCounty Association, the National Association of Counties (NACO), and the New York State Association of Counties (NYSAC).

Moved by: Mr. Hopkins Adopted: Voice Vote

Seconded by: Mr. Fanton

(Memo: The Community Development Program referred to in Resolution No. 121-11 is administered by the ACCORD Corporation, Allegany County’s Community Action Agency.)

RESOLUTION NO. 122-11

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR

A STATE GRANT-IN-AID FOR A MUNICIPAL WASTE REDUCTION AND/OR

RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE, FOR 2009-2012

Offered by: Public Works Committee

WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects, and

WHEREAS, the County of Allegany, herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York, and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, and

WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such State Aid, now, therefore, be it

RESOLVED BY THE COUNTY OF ALLEGANY:

1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.

2. That the Chairman of the Allegany County Board of Legislators is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE.

3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste Reduction and/or Recycling Project.

4. That five (5) certified copies of this resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York 12233-7253, together with one complete application.

5. That this resolution shall take effect immediately.

Moved by: Mr. Fanton Adopted: Roll Call

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

Voting No: Ungermann

(Memo: Regarding Resolution Nos. 122-11 and 123-11, this program from the NYS DEC provides 50 percent reimbursement of eligible costs for planning, education, and promotional activities to increase public awareness of and participation in recycling and waste reduction, along with salary and fringe benefits for a dedicated Recycling Coordinator. Resolution No. 122-11 is for the period 2009 through 2012, and Resolution No. 123-11 is for 2012 through 2015. Resolution Nos. 124-11 and 125-11 apply to grants under which the County could receive up to 50 percent reimbursement for capital purchases used for the Recycling Program for the same two time periods mentioned previously.)

Comments made regarding Resolution No. 122-11 included the following:

Legislator Ungermann noted that the green movement has been around for about 25 years, and everyone knows enough to recycle. In his opinion, recycling needs to be done at the transfer stations and landfills because some garbage haulers often throw everything together. This resolution is one of those things that we need to ask, “Do we want it, or do we need it?” We really need to recycle, although the recycling market doesn’t pay very well, so it’s hardly worth it.

Legislator Fanton remarked that recycling does contribute a lot. This year, we’ll recover in excess of $100,000. Everyone needs to recycle, and education is part of it. There are a lot of things we can do with schools and businesses to encourage their cooperation, and this grant will help.

RESOLUTION NO. 123-11

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR

A STATE GRANT-IN-AID FOR A MUNICIPAL WASTE REDUCTION AND/OR

RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE, FOR 2012-2015

Offered by: Public Works Committee

WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects, and

WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such State Aid, now, therefore, be it

RESOLVED BY THE COUNTY OF ALLEGANY:

3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste Reduction and/or Recycling Project.

5. That this resolution shall take effect immediately.

Moved by: Mr. Fanton Adopted: Roll Call

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

Voting No: Ungermann

Comments made regarding Resolution No. 123-11 included the following:

Legislator Cady questioned the local share of the cost of the program. Legislator Fanton replied that there isn’t an anticipated amount, because we don’t know what’s available for grants yet. It will probably be similar to what we’re already doing. Mr. Cady asked if there would be an opportunity to decide whether or not to accept the grant if the local cost is out of line. Mr. Fanton replied that there would be.

RESOLUTION NO. 124-11

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR

A STATE GRANT-IN-AID FOR A MUNICIPAL WASTE REDUCTION AND/OR

RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE,

FOR 2009-2012 (CAPITAL PURCHASES)

Offered by: Public Works Committee

WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects, and

WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such State Aid, now, therefore, be it

RESOLVED BY THE COUNTY OF ALLEGANY:

3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste Reduction and/or Recycling Project.

4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by attached joint resolution relative to a joint Municipal Waste Reduction and/or Recycling Project.

5. That this resolution shall take effect immediately.

Moved by: Mr. Fanton Adopted: Roll Call

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

Voting No: Ungermann

Comments made regarding Resolution No. 124-11 included the following:

Legislator Fanton explained that the grants covering capital purchases would reimburse for things like dumpsters and open-top containers that we’d have to buy anyway. Legislator O’Grady asked if the grants would cover things already purchased as long as it was within the covered time period. Mr. Fanton responded that he was unsure, but hopefully they would.

Legislator Ungermann noted that none of the four resolutions included anything under fiscal impact to indicate the County’s cost. Mr. Fanton reiterated that we don’t know that yet, but we don’t have to accept the grants. This is just to apply. Mr. O’Grady pointed out that two of the applications go back to 2009, so we may be able to recoup some money that’s already been spent.

RESOLUTION NO. 125-11

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR

A STATE GRANT-IN-AID FOR A MUNICIPAL WASTE REDUCTION AND/OR

RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE,

FOR 2012-2015 (CAPITAL PURCHASES)

Offered by: Public Works Committee

WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects, and

WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such State Aid, now, therefore, be it

RESOLVED BY THE COUNTY OF ALLEGANY:

3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste Reduction and/or Recycling Project.

4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by attached joint resolution relative to a joint Municipal Waste Reduction and/or Recycling Project.

5. That this resolution shall take effect immediately.

Moved by: Mr. Fanton Adopted: Roll Call

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

Voting No: Ungermann

RESOLUTION NO. 126-11

REAPPOINTMENT OF COUNTY PERSONNEL OFFICER

Offered by: Personnel Committee

Pursuant to Civil Service Law § 15

RESOLVED:

1. That Ellen A. Ruckle is reappointed as County Personnel Officer with term of office commencing September 28, 2011, and expiring September 27, 2017.

Moved by: Mr. O’Grady Adopted: Voice Vote

Seconded by: Mr. Pullen

Comments made regarding Resolution No. 126-11 included the following:

Legislator Ungermann referred to a resolution to be considered later in the meeting, Resolution Intro. No. 134-11, contracting for services related to the Workplace Violence Prevention Program. Mr. Ungermann noted that two department heads have said they don’t have the time to work on it, but he believes it’s something that should be done. If Ms. Ruckle would be willing to take on the training to become a Safety Officer so this could be completed in-house, he could support this reappointment. We shouldn’t keep contracting these things out.

RESOLUTION NO. 127-11

APPOINTMENT OF TWO MEMBERS TO COUNTY BOARD OF HEALTH

Offered by: Human Services Committee

Pursuant to Public Health Law §§ 343 and 344

RESOLVED:

1. That Susan Dougherty is appointed to fill the unexpired six-year term of Sherry Herdman to the County Board of Health, with term of office commencing October 3, 2011, and expiring July 7, 2012.

2. That Dr. Joseph Felsen is appointed to the County Board of Health, with term of office commencing October 3, 2011, and expiring July 7, 2017.

Moved by: Mr. Burdick Adopted: Voice Vote

Seconded by: Mr. LaForge

RESOLUTION NO. 128-11

TRANSFER OF FUNDS WITHIN CANCER SCREENING AND

BIO-TERRORISM PREPAREDNESS ACCOUNTS

Offered by: Human Services Committee

RESOLVED:

1. That the sum of $300 is transferred from Account No. A4071.4 to Account No. A4071.2, and $110 from Account No. A4189.4 to Account No. A4189.2.

Moved by: Mr. Burdick Adopted: Roll Call

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

RESOLUTION NO. 129-11

TRANSFER OF FUNDS WITHIN SHARED SERVICES BUILDINGS ACCOUNT

Offered by: Public Works Committee

RESOLVED:

1. That the sum of $5,000 is transferred from Account No. A1620.1 to Account No. A1620.2 to cover miscellaneous tools which are necessary due to the extra workload and construction projects.

Moved by: Mr. Fanton Adopted: Roll Call

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

RESOLUTION NO. 130-11

APPROVAL AND RATIFYING SIX-YEAR AGREEMENT

BETWEEN COUNTY OF ALLEGANY AND

ALLEGANY COUNTY DEPUTY SHERIFF’S ASSOCIATION;

IMPLEMENTING 2008 COMPENSATION NOTWITHSTANDING

PROVISIONS OF RESOLUTION NO. 235-2010

Offered by: Personnel Committee

RESOLVED:

1. That the Agreement between the County of Allegany and the Allegany County Deputy Sheriff’s Association, covering the period January 1, 2008, to December 31, 2013, is approved and ratified.

2. That notwithstanding the provisions of Resolution No. 235-2010 to the contrary, retroactive to and from January 1, 2008, each unit employee occupying a position set forth in Agreement between the County of Allegany and the Allegany County Deputy Sheriff’s Association 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 the salary schedules annexed to the Agreement for the period January 1, 2008, through December 31, 2013, and being the salary or rate of compensation such unit employee was entitled to receive commencing January 1, 2008, pursuant to such Agreement and pursuant to the County Unit Salary Plan; and further, the increment recommendation from the Sheriff for each such unit employee under his jurisdiction receiving such recommendation is approved.

3. That the Chairman of this Board is authorized to execute the Agreement upon its preparation and approval by the County Attorney's Office.

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

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

Comments made regarding Resolution No. 130-11 included the following:

Legislator Pullen, who acted as liaison between the negotiating team and the Personnel Committee, noted that the contract negotiation was a long process beginning in 2007. The contract is not perfect, and as with most compromises, no one will be completely happy, but Mr. Pullen felt it was a fair contract. It involves savings for the County and addresses some of the Board’s major concerns, such as employee and retiree health care benefits. The union members have adopted the contract, and the Personnel Committee has approved it and referred it to the full Board. Mr. Pullen encouraged support, as it’s a step in the right direction and sets a good starting point for future negotiations.

Chairman Crandall thanked the Sheriff for his role and all parties involved, including the Deputies, the County negotiating team, and Legislator Pullen, for their efforts. The contract isn’t perfect, but we’ve come to a mutual conclusion.

RESOLUTION NO. 131-11

RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NYSDOT

Offered by: Ways and Means Committee

WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support eligible projects under Section 5317 New Freedom, and 5316 Job Access and Reverse Commute (JARC), and

WHEREAS, this resolution is intended to supplement Resolution No. 226-2010 by recognizing and authorizing the State of New York’s consolidation of separate agreements heretofore entered into for those respective grants into a single agreement, and

WHEREAS, NYSDOT has been designated by the Governor of the State of New York to administer Section 5317-NF Federal formula funds for projects designed for new public transportation services and public transportation alternatives beyond those required by the Americans with Disabilities Act of 1990 (ADA); and 5316-JARC Federal formula reimbursement funds for projects designed to increase access for welfare recipients and low income persons to employment, as identified through a coordinated planning process, and

WHEREAS, Allegany County will enter into contract with NYSDOT for the Allegany County Mobility Management System for FTA Section 5317 and FTA Section 5316 Federal funds to implement an eligible New Freedom and JARC service in Allegany County for an awarded Federal Share amount of $250,000 and including the provision by it of the Local Share of $62,500 of project costs or 20 percent in-kind, and

WHEREAS, Allegany County has fulfilled the FTA coordinated plan requirements that the project “must be derived from the project area Coordinated Plan,” now, therefore, be it

RESOLVED:

1. That the County Administrator is hereby authorized to file and execute applications on behalf of Allegany County with NYSDOT to aid in the financing of a mobility management project pursuant to FTA Sections 5317 New Freedom, and 5316 JARC as amended.

2. That the Chairman of this Board is hereby authorized to execute and file all Annual FTA Certification and Assurances, contract/agreements, or any other document required by NYSDOT.

3. That the County Administrator is authorized to submit and approve payment requests for reimbursement of Section 5316/17 Federal funds from the NYSDOT for eligible activities within the FTA Section 5316/17 project/s.

4. That the County Attorney is authorized to provide any certifications required evidencing the legal authority of the County of Allegany to enter into the underlying agreement.

5. That the sum of $250,000 is appropriated to Accounts as designated by the County Treasurer, as heretofore provided by Resolution No. 226-2010.

Moved by: Mr. Hopkins Adopted: Roll Call

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

Voting No: Burdick

Comments made regarding Resolution No. 131-11 included the following:

Legislator O’Grady questioned the term of the contract, and County Administrator John Margeson stated that it was 2011 through 2012. When asked if the grant involved a reimbursement type situation, Mr. Margeson replied that it does. If we decide not to spend the money, it doesn’t matter.

RESOLUTION NO. 132-11

APPROVING AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND

PUBLIC SECTOR HR CONSULTANTS LLC FOR SERVICES ASSOCIATED WITH

THE COUNTY WORKPLACE VIOLENCE PREVENTION PROGRAM;

AUTHORIZING CHAIRMAN TO EXECUTE SAID AGREEMENT

Offered by: Ways and Means Committee

RESOLVED:

1. That agreement between the County of Allegany and Public Sector HR Consultants LLC for services associated with the County Workplace Violence Prevention Program in the amount of $16,500 plus additional expenses up to $2,000, 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. Fanton 12 Ayes, 3 No, 0 Absent

Voting No: Cady, O’Grady, Ungermann

Comments made regarding Resolution No. 132-11 included the following:

Legislator O’Grady felt that the work should have been done in-house.

Legislator Pullen pointed out that there are two separate issues involved. This resolution deals with the actual evaluation of the physical plant and some of the other working conditions and circumstances. It requires special training and expertise, and no one on payroll has that background. If we sent someone to get training, it would probably require a new job title and pay raise. This is a one-time evaluation, and he supports the contract as the most effective and efficient means of completing the work. The other issue would hopefully involve having the annual reviews and implementation going forward completed in-house by a Workplace Safety Officer. But right now, we have to get into compliance, because there may be some exposure and potential liability if there are any problems. This is a good way to reduce that exposure.

Legislator Ungermann felt that there must be some training out there for a person designated to be a Safety Officer so this could be done. One of the reasons we should have someone designated as a Safety Officer is that it would pertain not only to workplace violence, but also workplace safety and sexual harassment. It would probably also lower our Workers’ Comp and Disability expenses. Mr. Ungermann stated that he also felt there should be drug and alcohol testing for all County employees. That can be done in-house. Someone could get the training and do this.

Legislator Fanton explained that we were served notice on this issue, and there is a date when it has to be remediated. He’s concerned that if we try to do it in-house, it will be looked at as “having the fox in charge of the chicken coop.” As a one-time deal, we really need to take care of this.

Chairman Crandall remarked that his understanding was that we were here once before with a resolution that would have taken care of this, and we chose to handle it in-house at that time. We weren’t able to produce what was necessary in-house, and now we’re back here with this contract. There are concerns from the County Attorney’s point of view if we don’t get into compliance with what our requirements are.

Legislator Ungermann stated that the previous issue was the Workplace Violence Policy that we had to have. We completed the Workplace Violence Policy, but we never implemented it. That’s why we’re getting served notice.

AUDITS:

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

A motion was made by Legislator Hopkins, seconded by Legislator Graves and adopted on a roll call vote of 14 Ayes, 1 No, 0 Absent, that the audit of claims, totaling $2,733,885.72, 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 $5,505,978.) Legislator Ungermann asked for and received an explanation of the County Administrator’s expenses.

GENERAL COMMENTS:

Chairman Crandall noted that there will be a Public Participation meeting at Alfred University on September 8 at 6 p.m. sponsored by the Western New York Economic Development Council. Each of the five counties in the Western New York Region will have a chance for public input on development within their own county. Citizens will be encouraged to attend. There will be more information coming.

ADJOURNMENT: The meeting was adjourned at 3:15 p.m. following a motion made by Legislator Curran, seconded by Legislator Pullen and carried.