WAYS & MEANS COMMITTEE

August 8, 2011

** NOT APPROVED **

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Committee Members Present: T. Hopkins, D. Fanton, D. Burdick, M. Healy, K. LaForge, T. O’Grady, D. Pullen, F. Sinclair, and C. Crandall

Others Present: M. Alger, H. Budinger, J. Budinger, R. Christman, P. Curran, K. Graves, L. Gridley, C. Kalthoff, R. Lynch, J. Margeson, T. Miner, B. Riehle, E. Ruckle, D. Scholes, N. Ungermann, C. Whitwood

Call to Order: 1 p.m. by Ways & Means Committee Chairman Theodore Hopkins

Approval of Minutes: The July 20, 2011, Ways & Means Committee minutes were approved on a motion by Legislator Sinclair, seconded by Legislator Healy and carried.

Consolidation of JARC/New Freedom Resolutions

Allegany/Western Steuben Rural Health Network Executive Director Carrie Whitwood stated that the Job Access Reverse Commute (JARC) and New Freedom grants were two separate grants and contracts with the NYS Department of Transportation which required two separate reports and budgets. They have decided to combine the two grants into one which will require us to pass a resolution consolidating the two. The grants totaling $312,000 bring $250,000 into the County. The remaining $62,000 is a local share responsibility which is met with in-kind services. The $62,500 has been easily met with commitments from other agencies, and we have actually had to remove some of it from the grant. It’s a two-year grant which goes through July 2012. County Attorney Thomas Miner will determine if the previous resolution needs to be rescinded. Legislator Timothy O’Grady stated that he would like to see some history on what was spent on transporting DSS patients to appointments in the past, and what is spent now, noting that the bus system is constantly under attack so it would be nice to have some of those figures. County Administrator John Margeson indicated that they should be able to put something together. Legislator Dwight Fanton mentioned that having private individuals transport our Medicaid patients also increases the County’s liability. Ms. Whitwood also talked about some cost-saving measures that they have been taking. A motion was made by Legislator Sinclair, seconded by Legislator Healy and carried to sponsor a resolution consolidating the JARC/New Freedom grants. Prepare Resolution

Community Services Block Grant

ACCORD Executive Director Charles Kalthoff requested a resolution urging the continuation of funding for Community Services Block Grants. Mr. Kalthoff indicated that in 1986 the Allegany County Board of Legislators first endorsed ACCORD’s block grants. Mr. Kalthoff distributed a summary showing the levels of funding over the last 25 years, noting that he plans to provide additional information when he addresses the Board on August 22. Mr. Kalthoff stated that ACCORD received $386,919 from federal, state and local agencies in 1986 to administer seven programs and services. In 2010, ACCORD received $8,976,761 and offered 27 programs and services to the community. ACCORD’s total payroll in 1986 was $208,883. For the fiscal year ending February 28, 2011, ACCORD employed more than 170 local residents for a total payroll of $5,025,365. ACCORD has invested more than $12.4 million in capital improvement throughout the County since 1986. Programs and services dollars total more than $44.4 million, and salaries and fringe benefits exceed $44.1 million for the same period. ACCORD’s Empire Zone generated $146,018,929 in capital investment within Allegany County, and the program sunset in June 2010. ACCORD serves more than 100 times more clients today than in 1986. Mr. Kalthoff stated that over the years, ACCORD has continually expanded their programs and services in an effort to meet the growing and changing needs of the communities. It was noted that there is no financial commitment on the County’s part. A motion was made by Legislator Healy, seconded by Legislator Fanton and carried to sponsor a resolution urging the continuation of funding for Community Services Block Grants. Prepare Resolution

Tax Sale Parcel Next to Genesee Valley Greenway

County Attorney Thomas Miner presented a request from Senior Forester Ronald Abraham with the NYS DEC asking that the County consider gifting one of our tax sale parcels (Frank S. Burlingame Estate, Tax Parcel #130.-1-1.9) to the State as an addition to the Greenway. Mr. Abraham indicated in his correspondence that the parcel is about 1.5 acres in size and straddles the Black Creek. It’s mostly low, rather wet and prone to flooding, and it’s probably not a “buildable” site. It’s immediately adjacent to the Greenway, right where the trail makes an at-grade crossing of Route 305. The State property is rather tight there, and the addition would give them a bit more “breathing room” for the trail crossing and the sharp turn needed to take the trail back onto the railroad bed. It would also eliminate any potential conflicts if someone else acquired the parcel and tried to build a driveway, etc. Deputy County Treasurer Joseph Budinger reported that the back taxes are $1,272.57 which represents three delinquent years at approximately $355/year plus applicable penalties. The current assessed value is $5,500. Ways & Means Committee Chairman Theodore Hopkins stated that if the State isn’t going to offer us anything, we might as well let it go to the auction, and see what happens. Planning and Economic Development Committee Chairman Fred Sinclair stated that the Greenway Group and the effort to have hiking and access trails are ultimately in the best interest of the County. As it becomes further developed and better utilized, it should increase tourism. It’s a major piece of the trail system as it connects with other trails. It’s not the Greenway people shoving the mandates, and it’s in our best interest to support the Greenway. Legislator Timothy O’Grady commented that it’s not the Greenway Group requesting the transfer. Chairman Curtis Crandall stated that there were large parcels of land included with the Greenway Trail when it was being developed that have nothing to do with the actual trail. Chairman Crandall stated that he would be in favor of donating land that would be needed to accomplish the things Legislator Sinclair mentioned, but there are several parcels that individuals would like to own and put back on the tax roll. If donating this parcel could free up some of the other parcels, perhaps we could trade them for this one to augment their project. Legislator Hopkins also noted that when a municipality has wanted a property, they have paid one year’s back taxes, and he doesn’t believe we want to treat another entity better than we are treating the municipalities in our County. Legislator Sinclair made a motion to transfer the property to the NYS DEC; however, the motion was not seconded.

Workplace Violence Act Violation

Public Works Deputy Superintendent II Dean Scholes stated that at the July 20 Ways & Means Committee meeting, committee members requested that RFPs be sent out to address the Workplace Violence Act violation issues. They received three responses ranging from $18,500 to $55,000 to complete the site assessments and inspections, assist with updating our current policy, prevention, and training of employees. The original violation notice indicated that the assessments should be completed by the end of August and all training by the end of October; however, Human Resources Specialist H. Bobby Budinger has applied for an extension. Mr. Budinger distributed a copy of a proposal from Public Sector HR Consultants totaling $16,500 for services, and an additional amount for travel expenses and training materials not to exceed $2,000. Cattaraugus County contracted with this company, and they have been happy with their services. Legislator Sinclair asked if there were other success stories, and Mr. Budinger indicated that there was a list of counties that had used their services included with their proposal last year. Legislator Norm Ungermann asked if the EAP that does our sexual harassment training could do this. Mr. Scholes indicated that although we have a policy, a big component of complying with the Workplace Violence Act is the site assessments, and although it’s possible the EAP might be able to do some of the training, they cannot do the site assessments, and that’s what we were in violation of. Mr. Budinger confirmed that there are some similarities and some of the training may be done together. Personnel Officer Ellen Ruckle also explained that some of the training will need to be specific to certain worksites.

Legislator O’Grady asked which committee has jurisdiction over this issue, and Ms. Ruckle indicated that normally the Personnel Committee would, but the violation was filed with the Public Works Department, and they brought the issue to the Ways & Means Committee, who requested the RFPs be issued. Legislator O’Grady also asked about enforcement of the policy. Legislator O’Grady asserted that we have policies right now to keep certain doors locked that we are not enforcing. Mr. Budinger indicated that they will make recommendations; however, there does not appear to be enforcement mechanisms in place. Cattaraugus County has a Safety Officer that takes care of those things. Ms. Ruckle indicated that there will also have to be union involvement. Committee members had a brief conversation about the liability exposure of not complying with the Workforce Violence Act, and also of not following any recommendation that may be made. Legislator Ungermann asked if we had a Safety Officer, if we could conceivably use this person to lower our Workers’ Compensation claims or other claims, noting that we should think about this.

A motion was made by Legislator Fanton, seconded by Legislator Healy and carried to enter into an agreement with Public Sector HR Consultants LLC for $16,500 and additional expenses up to $2,000 for services associated with our Workplace Violence Prevention Program. (Voting No: T. O’Grady) Prepare Resolution

Audit

Committee members reviewed the August 8, 2011, audit of claims in the amount of $3,935,540.48 (including prepaid bills).  A motion was made by Legislator Pullen, seconded by Legislator Fanton, and carried to forward the audit to the full Board for approval of payment.

Adjournment

There being no further business to come before the committee, a motion was made by Legislator Sinclair, seconded by Legislator LaForge and carried to adjourn the meeting at approximately 1:40 p.m.

Respectfully submitted,

Brenda Rigby Riehle, Clerk of the Board

Allegany County Board of Legislators