PROCEEDINGS OF THE BOARD OF
Transcription
PROCEEDINGS OF THE BOARD OF
Click to Search or push Ctrl F PROCEEDINGS OF THE BOARD OF LEGISLATORS OF ALLEGANY COUNTY NEW YORK 2008 Printed By Two Brothers Printing Moravia, NY CONTENTS Officers of the Board .......................................................................................... III Legislators .................................................................................................... IV Standing Committees......................................................................................... V County Officials ................................................................................................. VI Members of Boards and Agencies .................................................................. VIII Session Minutes: January 2 (Organization Meeting) ............................................................ 1 January 14 ............................................................................................... 8 January 25 ............................................................................................. 21 February 11 ............................................................................................ 33 February 25 ............................................................................................ 38 March 10 ................................................................................................ 43 March 24 ................................................................................................ 54 April 14 ................................................................................................... 59 April 28 ................................................................................................... 74 May 12 ................................................................................................... 83 May 27 ................................................................................................... 88 June 9 .................................................................................................... 98 June 23 ................................................................................................ 109 July 14 .................................................................................................. 120 July 28 .................................................................................................. 128 August 11 ............................................................................................. 140 August 25 ............................................................................................. 150 September 8 ........................................................................................ 157 September 22....................................................................................... 164 October 14 ........................................................................................... 173 October 27 ........................................................................................... 184 November 6 (Budget Hearing) ............................................................. 198 November 10........................................................................................ 200 November 24........................................................................................ 207 December 8 ......................................................................................... 220 December 22........................................................................................ 231 Certification for Printing Journal ...................................................................... 251 Annual Reports ............................................................................................... 252 Mortgage Tax Apportionment Tables .............................................................. 326 Workers' Compensation Budget & Cost Apportionment ................................. 328 Legislators' Compensation Table .................................................................... 330 Tax Tables .................................................................................................. 331 Towns: Salaries of Officers ............................................................................... 335 Summaries of Budgets ......................................................................... 336 County Budget ................................................................................................ 342 General Index ................................................................................................. 412 Numerical Listing of Resolutions ........................................................................... II OFFICERS OF THE BOARD CURTIS W. CRANDALL, Chairman Belfast, New York JOHN E. MARGESON, County Administrator Scio, New York BRENDA RIGBY RIEHLE, Clerk of the Board Belmont, New York ADELE FINNEMORE, Journal Clerk & Deputy Clerk Scio, New York III ALLEGANY COUNTY BOARD OF LEGISLATORS FOR 2008 DISTRICT I Curtis W. Crandall (R) (Chairman) ............................................................. Belfast Theodore L. Hopkins (R).......................................................................... Fillmore David T. Pullen, Esq. (R) ......................................................................... Fillmore DISTRICT II Karl D. Kruger (R) ................................................................................ Friendship Ronald B. Truax (R) ..................................................................................... Cuba Norman G. Ungermann, Jr. (R) .................................................................... Cuba DISTRICT III Glenn R. Benson (R)............................................................................ Whitesville William G. Dibble (R) (Vice Chairman)........................................... Little Genesee Dwight R. Fanton (R) ............................................................................. Wellsville DISTRICT IV Michael J. McCormick (D) (Minority Leader) ............................................Andover Timothy J. O’Grady (R) .......................................................................... Wellsville Daniel Russo (R) .................................................................................. Wellsville DISTRICT V Douglas D. Burdick (R) ................................................................... Alfred Station William M. Hall (R) (Emergency Int. Successor) ......................................... Alfred Brent L. Reynolds (R) (Majority Leader) ......................................... Alfred Station (R) - Republican (D) - Democrat IV STANDING COMMITTEES 1. COURT FACILITIES AND COUNTY SPACE NEEDS: Pullen, Hall, Benson, Fanton, Hopkins, O’Grady 2. HUMAN SERVICES: Truax, Dibble, Burdick, Kruger, Reynolds, Russo 3. PERSONNEL: Hall, Burdick, Benson, Fanton, Pullen, Russo, Ungermann Special Negotiations Ad Hoc Committee: (Sub-Committee of Personnel; Liaison between the County’s negotiating team and the Personnel Committee) Pullen, O’Grady, Russo 4. PUBLIC SAFETY: Dibble, Benson, Burdick, Kruger, McCormick, Reynolds 5. PUBLIC WORKS: Fanton, O’Grady, Hopkins, McCormick, Reynolds, Ungermann 6. WAYS & MEANS: Reynolds, Hopkins, Dibble, Fanton, Hall, McCormick, Pullen, Truax Special – Budget Committee: (Sub-Committee of Ways & Means) Hopkins, Fanton, Dibble, Hall, O’Grady (Chairman and Vice Chairman for each committee are listed first and second, respectively.) V COUNTY OFFICIALS OF ALLEGANY COUNTY FOR 2008 Aging, Office for the, Director .......................................................................... Kimberley Toot Board of Legislators, Chairman .................................................................. Curtis W. Crandall Board of Legislators, Clerk of the Board ..................................................Brenda Rigby Riehle Community Services Agency Director ..................................................... Robert W. Anderson Coroners ................................................................................................ Maynard (Bud) Baker .................................................................................................... Theodore E. Crowell ................................................................................................................. Mark Rinker ...................................................................................................... L. Herbert Williams County Administrator .................................................................................. John E. Margeson County Attorney ............................................................... Daniel J. Guiney (Retired 01/03/08) ........................................... Thomas A. Miner (Interim 01/04/08; Appointed 02/25/08) 1st Assistant County Attorney .............................................................. Leslie J. Haggstrom 2nd Assistant County Attorney ....................................... Carissa M. Healy (As of 04/29/08) 3rd Assistant County Attorney ................................... Carissa M. Healy (Through 04/28/08) 3rd Assistant County Attorney .......................................... Nora K. Carnes (As of 04/29/08) County Clerk ............................................................................................ Robert L. Christman Deputy County Clerk .................................................................................... Linda K. Healy Deputy County Clerk II ................................................................................ Kristina K. Stoll Deputy County Clerk III-DMV ............................................................. Michael D. Hennessy County Historian ............................................................................................. Craig R. Braack County Treasurer................................................................................................. Terri L. Ross Deputy County Treasurer ..........................................................................Joseph Budinger Courts: County, Family, Supreme, & Surrogate Courts Judge (Senior) ........................................................................................... James E. Euken Judge ...................................................................................................... Thomas P. Brown Chief Clerk, County & Supreme Courts .............................................. Kathleen C. Johnson Chief Clerk, Family Court ......................................................................... Kathryn Brownell Chief Clerk, Surrogate Court .................................................................. Karen Harkenrider Development, Office of, Director.........................................................................John E. Foels District Attorney ......................................................................................... Terrence M. Parker 1st Assistant District Attorney .......................................................................... Keith A. Slep 2nd & 5th Assistant District Attorney .....................................................Amanda B. Newton 3rd Assistant District Attorney ................................................................. Andrew J. Cornell 4th Assistant District Attorney ..................................................................... Michael B. Finn Elections Commissioners .................................................................. John (Jack) Colligan (D) ...................................................................................................... James Gallman (R) VI Emergency Services Director .......................................................................... John C. Tucker Employment & Training Director .......................................................................Jerry Garmong Fire Coordinator................................................................................................ Paul Gallmann Health Department Director ......................................................................... Loreen Ballengee Human Resources & Civil Service, Personnel Officer ..................................... Ellen A. Ruckle Industrial Development Agency Director ............................................................John E. Foels Information Technology Director................................................................ Deborah M. Button Maintenance Supervisor ............................................................................. Dennis L. Dunham Probation Director.............................................................................................. David Sirianni Public Defender ............................................................................................ Barbara J. Kelley 1st Assistant Public Defender .................................................................... Patricia Fogarty (Became Full-Time Assistant Public Defender 07/14/08) 2nd Assistant Public Defender .................................... Nora K. Carnes (Through 04/28/08) Public Works Superintendent ............................................................................ David Roeske Deputy Superintendent I........................................................................... John J. Mancuso Deputy Superintendent II............................................................................... Guy R. James Real Property Tax Service Agency Director ............................................... Steven G. Presutti Sheriff .................................................................................................... William R. Tompkins Undersheriff ....................................................................................... William F. Goetschius Social Services Commissioner ...................................................................Patricia Schmelzer STOP DWI Program Coordinator .................................................................. Deborah Aumick Tourism Specialist .......................................................................................... Craig R. Braack Veterans' Service Agency Director ................................................................ H. Scott Spillane Weights & Measures Director .........................................................................Gilbert E. Green Workers' Compensation (Mutual Self-Insurance Plan) Executive Secretary .... Douglas Dillon Youth Bureau Program Director .................................................................... Deborah Aumick VII MEMBERS OF BOARDS AND AGENCIES SERVING IN 2008 ACCORD CORPORATION, BOARD OF DIRECTORS Cindy Chamberlain, Belmont William Hall, Alfred Ross Litchner, Rushford Mary McCumiskey, Belfast Joan Sinclair, Scio Ronald Stuck, Friendship Kimberley Toot, Wellsville AGING, CITIZENS ADVISORY COUNCIL Beverly Armstrong, Wellsville Douglas Burdick, Alfred Station Keith Folts, Fillmore Beverly Grantier, Wellsville Wallace Higgins, Alfred Station Jean MacMurray, Wellsville Mona Pettit, Cuba David Pullen, Fillmore Robert Riber, Alfred Station Nancy Rouse, Scio Maurice Rucker, Alfred Reita Sobeck-Lynch, Wellsville Karen Stroud, Hume Jean Switalski, Cuba AGRICULTURAL AND FARMLAND PROTECTION BOARD Rodney Bennett, Dalton Florence Fuller, Houghton Theodore Hopkins, Fillmore Tom Kent, Andover Thomas Parmenter, Fillmore Jack Potter, Scio Steven Presutti, Belmont Kevin Redman, Fillmore Andrew Zalar, Fillmore COMMUNITY SERVICES BOARD Sandra P. Blake, Houghton Linda Edwards, Houghton Cathy Freytag, Houghton Sharon Hibbard, Belfast Edna Howard, PhD, Belfast Eugene Krumm, Wellsville Dana S. Kruser, Andover Shirley Lyon-Bentley, Wellsville Brent L. Reynolds, Alfred Station Judith E. Samber, Alfred Ronald Truax, Cuba CORNELL UNIVERSITY COOPERATIVE EXTENSION, BOARD OF DIRECTORS Rodney Bennett, Dalton Lucy Benson, Allegany Wendy Bourgeois, Hinsdale John Carter, Olean Rich Hoffman, Alfred Station Donna James, Belmont Ira Katzenstein, Olean Deb Nichols, Cattaraugus David Pullen, Fillmore Patricia Schmelzer, Belmont Theresa Schueckler, Cuba CROSSROADS DEVELOPMENT ADVISORY COMMITTEE Curtis W. Crandall Thomas A. Miner Charles Jessup Brent L. Reynolds John E. Margeson Ex-officio Members: John Foels (Director, Development and Industrial Development Agency) David Roeske (Superintendent, Public Works) Frederick Sinclair (Director, Soil & Water Conservation District) Daniel Spitzer (Attorney for Industrial Development Agency) VIII DEVELOPMENT ADVISORY BOARD Zena Andrus, Friendship Craig Braack, Belmont Deborah Clark, Alfred Linda Clayson, Belmont John Corneby, Whitesville Barbara Deming, Cuba Raymond DeTine, Belmont David Fleming, Angelica Gretchen Hanchett, Belmont William Hart, Wellsville Steve Havey, Wellsville Frederic Marks, Almond William Shuler, Cuba Fred Sinclair, Belmont FIRE ADVISORY BOARD Alfred – Richard Hoffman, Jr. Alfred Station – Judson Stearns, Jr. Allentown – Robert Prior Almond – Bryan Snyder Andover – Ed Sackett Angelica – Richard Sortore Belfast – David Jennings Belmont – Brandon LaValley Bolivar – Terry Richardson Canaseraga – Scott Kenyon Cuba – Robert Lester Fillmore – Joel Clark Friendship – Dale Lockwood New Hudson – David Vogel, Sr. Richburg – Daniel Barkley, Jr. Rushford – Dan Metcalf Short Tract – Jeff Luckey Wellsville – David Sweet Whitesville – Larry Erdmann Willing – LeRoy Ives Wiscoy-Rossburg – Alan Mills FISH & WILDLIFE MANAGEMENT BOARD Dwight Fanton, Wellsville, Legislative Representative Douglas Burdick, Alfred Station, Alt. Legislative Representative Derwood Say, Cuba, Sportsmen's Representative John Lewis, Wellsville, Alt. Sportsmen’s Representative Robert Polanowski, Belfast, Landowner Representative Kevin Redman, Fillmore, Alternate Landowner Representative FOREST PRACTICE BOARD Rodney K. Bennett, Dalton Thomas Parmenter, Fillmore Karl D. Kruger, Friendship FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY ADMINISTRATIVE BOARD Deborah Clark, Wellsville Jody Collins, Cuba Michael J. Doyle, Cuba Robert C. Ellis, Belmont Darwin Fanton, Wellsville Marcia Habberfield, Scio Kevin LaForge, Wellsville Susan Myers, Friendship Jerry Scott, Cuba Ronald A. Stuck, Friendship Ronald B. Truax, Cuba William Zacher, Friendship IX HEALTH, BOARD OF David Brubaker, MD, Houghton Leo Cusumano, MD, Cuba Rajan Gulati, MD, Cuba Timothy LaFever, W. Clarksville Catherine Richmond, Wellsville Willard Simons, DDS, Cuba Ronald Truax, Cuba INDUSTRIAL DEVELOPMENT AGENCY Wayne Allen, Bolivar David Crowley, Cuba Theodore Hopkins, Fillmore Charles Jessup, Alfred Station Kevin LaForge, Wellsville PLANNING BOARD Clifford Ackley, Wellsville Kathleen Hill Barnes, Little Genesee Wendall Brown, Scio Robert Ellis, Belmont Aaron Dale Foster, Andover Lee Gridley, Wellsville Charles Jessup, Alfred Station James Ninos, Alfred Valerie Perkins, Caneadea Ronald Stuck, Friendship Ex-officio Members: Brent Reynolds, Alfred Station (Chairman, Ways & Means Committee) David Roeske, Wellsville (Superintendent, Public Works) Terri Ross, Angelica (County Treasurer) RESOURCE CONSERVATION AND DEVELOPMENT BOARD Gretchen Gary, Belfast, County Rep. Thomas Parmenter, Fillmore, At Large Ronald Stuck, Friendship, County Alt. Norman Ungermann, Jr., Cuba, Legis. Mbr. SOIL & WATER CONSERVATION DISTRICT, BOARD OF DIRECTORS Mark Bainbridge, Almond Rodney Bennett, Dalton, At Large Theodore Hopkins, Fillmore, Legis. Mbr. Michael McCormick, Andover, Legis. Mbr. Curtis Rung, Friendship SOUTHERN TIER WEST REGIONAL PLANNING & DEVELOPMENT BOARD Theodore Hopkins, Fillmore John E. Margeson, Scio Susan F. Myers, Friendship Brent Reynolds, Alfred Station Jerry Scott, Cuba Ex-officio Members: Curtis W. Crandall, Belfast (Chairman, Board of Legislators) David Roeske, Wellsville (Superintendent, Public Works) Ronald Stuck, Friendship (Chairman, Planning Board) X TOURISM, CITIZENS ADVISORY COMMITTEE Donald Cameron, Alfred Station Lee Gridley, Wellsville Elaine Hardman, Wellsville Steve Havey, Wellsville Lee James, Cuba Joel Kassirer, Angelica Larry Short, Belfast Craig Smith, Fillmore Marie Willard, Caneadea TRAFFIC SAFETY BOARD James W. Ames, Scio Deborah Aumick, Belmont Susan Belmont, Andover Kevin E. Demick, Angelica Gary Fries, Cuba Ann Feuchter, Cuba Guy R. James, Scio Steve Mattison, Wellsville Thomas McDonnell, Fillmore Ray M. Parlett, Houghton David S. Roeske, Wellsville Melinda Rounds, Dawn Santangelo, Cuba Charles Stout, Whitesville John Zlomek, Belmont Ex-Officio Member: William Tompkins, Belmont (Sheriff) WORKFORCE INVESTMENT BOARD, CATTARAUGUS-ALLEGANY Denise Beeles-Johnson Cesar Cabrera Karen Comstock Mary Coss Steve Crowley Adam Dolce Stephen Foster Anthony Foti John Francisco Jodi Fuller Phil Ghent Donald Giardini Jeff Grenzer Jesse Gugino Steve Havey Jason Huffman Hillary Jahnke Christina John Donna Kahm Charles Kalthoff Linda Kolodziejski John Margeson Brad Monroe Chris Napoleon Linda Pierce Susan Piper Kathleen Premo Hobart Rhinehart Joe Sabol Theresa Schueckler Jack Searles Linda Spaulding John Stevens Voni Walker Bradley Walters Jill Whitfield Kim Whitney YOUTH BOARD Patrick Barry, Wellsville James Cross, Cuba Ralph Eastlack, Wellsville Linda Edwards, Houghton Stacy Edwards, Houghton Jack Emrick, Scio Janet Gacjewski, Rushford Michele Henry, Wellsville Edna Kayes, Alfred Kathy Morris, Cuba Susan Myers, Friendship Gary Ostrower, Alfred Sherry Weirich, Scio Vicky Westacott, Alfred XI 1 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 2, 2008 ORGANIZATION MEETING - JANUARY 2, 2008 The organization meeting of the Board of Legislators was called to order at 2:00 p.m. by Clerk of the Board Brenda Rigby Riehle, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. RESOLUTIONS: RESOLUTION NO. 1-08 REAPPOINTMENT OF LEGISLATOR CURTIS W. CRANDALL TO CHAIRMANSHIP OF BOARD OF LEGISLATORS; AUTHORITY TO DETERMINE NUMBER OF BOARD MEMBERS ON COMMITTEES Offered by: Legislator Theodore Hopkins Pursuant to County Law § 450 RESOLVED: 1. That Legislator Curtis W. Crandall is reappointed Chairman of this Board of Legislators, with term of office commencing immediately and expiring December 31, 2008. 2. That said Chairman is authorized to determine the number of Board members to serve on each of the standing and special committees of this Board which have been or may be established by this Board. Moved by: Mr. Hopkins Seconded by: Mr. Pullen Adopted: Roll Call 13 Ayes, 2 Noes, 0 Absent Voting No: Kruger, Ungermann OATH OF OFFICE ADMINISTERED: Judge Thomas Brown administered the Oath of Office to Chairman Curtis W. Crandall, who was accompanied by his wife, Cathy, following adoption of Resolution No. 1-08. Chairman Crandall assumed leadership of the meeting. RESOLUTION NO. 2-08 REAPPOINTMENT OF VICE CHAIRMAN Offered by: Legislator Dwight R. Fanton Pursuant to Rule 70 of County Board Rules as enacted by Resolution No. 77-89 RESOLVED: 1. That Legislator William G. Dibble is reappointed Vice Chairman of this Board of Legislators to act pursuant to, and during the designated time periods specified in, County Board Rules. Moved by: Mr. Fanton Seconded by: Mr. Reynolds Adopted: Roll Call 13 Ayes, 2 Noes, 0 Absent Voting No: Kruger, Ungermann 2 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS OATHS OF OFFICE ADMINISTERED: Judge Thomas Brown administered the Oath of Office to Vice Chairman William G. Dibble, who was accompanied by his wife, Shirley, following adoption of Resolution No. 2-08. Judge Thomas Brown administered the Oath of Office to Allegany County Clerk Robert L. Christman, who was accompanied by Leonard Watson. Judge Thomas Brown administered the Oath of Office to Allegany County Judge James E. Euken, who was accompanied by his secretary, Deborah Hunter. RESOLUTION NO. 3-08 APPOINTMENT OF INTERIM COUNTY ATTORNEY AND FIXING COMPENSATION Offered by: Legislator Curtis W. Crandall WHEREAS, the Office of Allegany County Attorney is currently vacant due to the retirement of Daniel J. Guiney, and WHEREAS, this Board wishes to appoint an Interim County Attorney to serve in such Office until the position is filled by appointment, now, therefore, be it RESOLVED: 1. That the First Assistant County Attorney, Thomas A. Miner is appointed as Interim County Attorney with a yearly salary of $85,000 to serve until this Board appoints a County Attorney. 2. This resolution shall be effective as of January 4, 2008. Moved by: Mr. Hopkins Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent CHAIRMAN’S STATEMENT: Chairman Curtis W. Crandall presented his message to the Board: “Dear Friends and Colleagues: As we bring a close to the challenges, opportunities, adventures, and the many satisfying rewards that we received from serving the people of Allegany County as their Legislators in 2007, and as we look forward to greater challenges and greater opportunities coming up in 2008, I would like to pause and reflect on the time we’ve spent together. First, let me say what a pleasure it is to serve and work with each and every member of this Board of Legislators and to see your dedication. To our County Administrator for the overall management of County operations, the Clerk of the Board, and the entire team of dedicated department heads, County employees, and fellow elected officials that work so hard to meet the constant demands of County government and the challenge and responsibility to balance the proper services, public safety, infrastructure, cultural, heritage, and historical preservation needs, not to mention addressing unfunded mandates from the State of New York, and to meet these demands while minimizing the tax burden for Allegany County residents – what a great job you do in your challenging positions. 3 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 2, 2008 I am honored once again to be selected as this Body’s Chairman, and I promise that I will do all I can to help this Board of Legislators not just meet, but exceed the responsibilities each of us pledged when we took office. Gentlemen, today marks the halfway point of our service together; today we begin year three of our four-year term. I have said in the past, and I continue to believe, that we are dealing with and facing not only more complex issues, but a greater quantity of more complex issues all at one time, than any one group of our predecessors was ever forced to deal with. I also continue to believe that this is for a reason. Some of these issues we are choosing to deal with, such as the development of the Crossroads Area and County Road 20 between Friendship and Belvidere. We are choosing to take action on projects such as this, to take a pro-active approach rather than only talking about what should be done, for we can see that Allegany County needs to move forward now with development, that we can no longer just talk about it. I commend you for your efforts on the Crossroads Project so far, and I believe it is only a small part of the many positive improvements our County has in store for the near future. Let’s keep the momentum going. We are a Board that has taken action to implement a County-wide Comprehensive Plan, a plan that has been worked on for the better part of 2007 and should be ready for our review and adoption early this year. We will be the first Board in our County’s history to adopt such a plan. This will be a culmination of planning and ground work that was done by some very dedicated volunteers over several years, yet a document was never adopted in the past. Let’s not just adopt this Comprehensive Plan and stick it on a shelf; let’s put it to work for Allegany County and set the proper tone for Boards that will follow us. We are a Board that, as I said at last year’s Organization Meeting, is in the right place at the right time. We are in the right place to make a difference, and now is the right time for Allegany County to move forward and take advantage of the opportunities as they come along. Several projects have already begun from ideas and conversations we had when we started two years ago. From talk of enhancing the exits on I-86 came grant monies, and the Allegany County Tourism Strategic Marketing Plan was developed. From that plan spun off the Allegany County Tourism web site discoveralleganycounty.com, which is now up and running. Another spin-off from these conversations and plan is the newly formed Greater Allegany County Area Chamber of Commerce, which is now a reality as well. These actions are only a few of the many positive projects that are coming along, projects that are being implemented and worked on by the dedicated members of our various citizens advisory committees and boards. I have been excited to be a part of, and see, our larger employers and educational institutions sitting down together, rolling up their sleeves, and working to address the issues of employee recruitment and retention, a task that we must cope with, including this Legislature, as we face a potentially large turnover of employees due to retirement in the near future. An exciting exchange of ideas has begun by the business leaders of our County. This is certainly a challenge, but it’s a great opportunity for our County also. A recent news article was titled Dresser-Rand Adds over 100 Jobs in 2007 and Still Going. The article talks of the 96 hourly workers and 38 salaried employees, five that are management positions making over $100,000 per year. The article also speaks of Alstom Air Preheater, L.C. Whitford, Otis Eastern, and Northern Lights Candles and the good things going on in industry and business in our County. Let’s seize the opportunities coming, not just watch them go by. 4 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS We are facing our ongoing day-to-day County business challenges head on, never letting our guard down. Our Budget for 2008 is possibly the most honest and accurate budget adopted in many years. As a Board, we have worked to steady Allegany County’s financial position, do away with the deficit we inherited, and replenish our fund balances, and with the hard work of the Budget Committee, Budget Officer, and County Treasurer, we are well on our way. The 2008 Budget contains bridge projects that will be paid for as we go, not bonded, thank you very much. Our senior population, and our Veterans’ Services, Health Services, Social Services, Personnel, and Public Works Departments are always challenging us with needs to be met, and we are meeting those needs. Our 2008 Budget contains revenue in the operation of our Jail for housing prisoners, another first for our County. We need to continue with sound financial planning, reduce our sales tax rate, and foster economic growth for Allegany County. Other projects and issues we face are not ones that we have sought to work on, but our hand is forced to address them, and we are equal to the task. The Court Facilities issue will continue to be a major project in the coming year. We will be moving forward on a responsible plan that will bring us into compliance with the Court Facilities Capital Plan Act of 1988. We will also be addressing the Landfill situation and the fact that it will soon be filled and other alternatives will need to be implemented. Serious work lies ahead for us. The people of Allegany County deserve a Board of Legislators that takes a positive, pro-active approach to meeting the needs and demands of County government, a Board that lives up to its pledge and responsibilities. We are that Board. If my statement sounds optimistic, it’s because I am. Allegany County is a great place to live, work, and visit, and I am glad to be a steward of our County’s resources, along with you, at this time. To the nay-sayers and dooms-dayers that are looking for company, I say step aside. This Board has work to do. Thank you. Respectfully, Curtis W. Crandall” APPOINTMENTS: The Clerk of the Board announced that Chairman Crandall has made the following appointments: CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD (Appointed jointly with Crystal Abers, Chairman of the Cattaraugus County Legislature, for a threeyear term expiring December 31, 2010): Donald Giardini Susan Piper Theresa Schueckler Jodi Fuller Linda Pierce Christina John CORNELL UNIVERSITY COOPERATIVE EXTENSION OF ALLEGANY COUNTY, LEGISLATIVE REPRESENTATIVE MEMBER (Recommendation by Chairman Crandall to their Board of Directors, for a one-year term): David T. Pullen, Fillmore COUNTY COMPREHENSIVE PLANNING COMMITTEE (To serve at the pleasure of the Chairman, pursuant to General Municipal Law Section 239-d [2]): Charles Jessup, Alfred Station – Chairman Theodore L. Hopkins, Fillmore Lee Gridley, Wellsville 5 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 2, 2008 Ronald Stuck, Friendship Brent Reynolds, Alfred Station Frederick Sinclair, Scio Edward Eicher, Wellsville CROSSROADS DEVELOPMENT ADVISORY COMMITTEE (To serve at the pleasure of the Chairman): Curtis W. Crandall, Chairman of the Board Brent L. Reynolds, Chairman of Ways and Means Committee John E. Margeson, County Administrator Thomas A. Miner, Interim County Attorney Charles Jessup, Chairman of IDA Ex-Officio Members: John E. Foels, Development Director/IDA Director Frederick Sinclair, Soil and Water Conservation Executive Director David Roeske, Superintendent of Public Works Daniel A. Spitzer, Attorney for the IDA EMERGENCY INTERIM SUCCESSOR (To serve at the pleasure of the Chairman): William M. Hall, Alfred OFFICE OF EMERGENCY SERVICES, DIRECTOR (To serve at the pleasure of the Chairman, in accordance with the provisions of applicable law): John C. Tucker, Belmont FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY ADMINISTRATIVE BOARD (To serve at the pleasure of the Chairman, pursuant to Local Law No. 2-94): Jody Collins, Cuba Robert C. Ellis, Belmont Darwin Fanton, Wellsville Marcia Habberfield, Scio Kevin LaForge, Wellsville Jerry Scott, Cuba Ronald Stuck, Friendship Ronald Truax, Cuba Deborah Clark, Wellsville Michael J. Doyle, Cuba INTERCOUNTY ASSOCIATION OF COUNTY LEGISLATIVE BODIES WESTERN NEW YORK, INC. (To serve at the pleasure of the Chairman): Voting Members: Glenn R. Benson, Whitesville William G. Dibble, Little Genesee Brenda Rigby Riehle, Belmont Alternate Voting Members: Timothy O’Grady, Wellsville David T. Pullen, Fillmore OF REGION 9 OPEN SPACE ADVISORY COMMITTEE (To serve at the pleasure of the Chairman): H. Kier Dirlam, Angelica RESOURCE, CONSERVATION AND DEVELOPMENT BOARD (To serve at the pleasure of the Chairman): County Representative Member: Joe Orosz, Belmont County Alternate: Ronald A. Stuck, Friendship Legislative Member: Norman G. Ungermann, Jr., Cuba Member at Large: Thomas Parmenter, Fillmore 6 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS SOLID WASTE HEARING BOARD (To serve at the pleasure of the Chairman, pursuant to Resolution No. 211-04 and Local Law No. 3-04): Dwight R. Fanton, Chairman of Public Works Committee Daniel Russo, District IV Legislator William G. Dibble, District III Legislator Alternates: Michael J. McCormick, District IV Legislator Douglas D. Burdick, District V Legislator SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED (STOP DWI), COORDINATOR (To serve at the pleasure of the Chairman, pursuant to Vehicle and Traffic Law Section 1197 and Resolution No. 29-82): Deborah Aumick, Rushford ALLEGANY COUNTY CITIZENS ADVISORY COMMITTEE ON TOURISM (To serve at the pleasure of the Chairman): Elaine Hardman, Wellsville Donald Cameron, Alfred Station Lee James, Cuba Lee Gridley, Wellsville Joel Kassirer, Angelica Craig Smith, Fillmore Steve Havey, Wellsville Mary Vandewarker, Angelica Larry Short, Belfast ALLEGANY COUNTY TRANSPORTATION TASK FORCE (To serve at the pleasure of the Chairman): William G. Dibble, Little Genesee William M. Hall, Alfred The Clerk of the Board announced that Chairman Crandall has made the following appointments, all of which are subject to confirmation by the Board of Legislators: CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING (Three-year term expiring December 31, 2010): Wallace Higgins, Alfred Station Jean MacMurray, Wellsville Jean Switalski, Cuba Beverly Grantier, Wellsville ALLEGANY COUNTY DEVELOPMENT ADVISORY BOARD (Pursuant to Local Law No. 2-85): Education: Deborah Clark, Alfred Agriculture: Fred Sinclair, Belmont Forests: John Corneby, Whitesville Recreation/Tourism: Craig Braack, Belmont Industry: Raymond DeTine, Belmont Barbara Deming, Cuba Steve Havey, Wellsville Utilities: Frederic Marks, Hornell Small Business: William Hart, Wellsville Banking: Linda Clayson, Belmont Real Estate: William Shuler, Cuba At Large: David Fleming, Angelica Zena Andrus, Friendship Gretchen Hanchett, Belmont REGION 9 FISH AND WILDLIFE MANAGEMENT BOARD (Two-year term expiring December 31, 2009): Legislative Representative Member: Dwight R. Fanton, Wellsville 7 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 2, 2008 Alternate Legislative Representative Member: Douglas D. Burdick, Alfred Station Sportsmen’s Representative Member: Derwood Say, Cuba Alternate Sportsmen’s Representative Member: John Lewis, Wellsville REGION 9 FOREST PRACTICE BOARD (Two-year term expiring December 31, 2009): Legislative Member: Karl D. Kruger, Friendship ALLEGANY COUNTY PLANNING BOARD (Three-year term expiring December 31, 2010): District III: Kathleen Barnes, Little Genesee District IV: Aaron Dale Foster, Andover District V: Charles Jessup, Alfred Station Ex-Officio Members (Annual Appointment): David Roeske, Superintendent of Public Works, Wellsville Terri L. Ross, County Treasurer, Angelica Brent Reynolds, Ways & Means Committee Chairman, Alfred Station VETERANS’ SERVICE AGENCY, DIRECTOR: Harvey Scott Spillane, Wellsville ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Communication was received from the Republican Party members of the Allegany County Board of Legislators recommending that Brent L. Reynolds, District V Legislator, be designated by the Chairman of said Board as Majority Leader for 2008. 2. Communication was received from the Democratic Party member of the Allegany County Board of Legislators recommending that Michael J. McCormick, District IV Legislator, be designated by the Chairman of said Board as Minority Leader for 2008. 3. Legislators wishing to attend the NYSAC Conference in Albany from January 28 through January 30, 2008 were reminded to notify the Clerk of the Board today. 4. All legislators are invited to attend the Board of Health meeting on Monday, January 7, 2008, at 7:00 p.m. in the Legislative Board Chambers. Chairman Crandall distributed copies of his assignments to the STANDING COMMITTEES OF THE BOARD OF LEGISLATORS following adjournment of the meeting. (Assignments are as follows; Chairmen and Vice Chairmen are listed first): COURT FACILITIES AND COUNTY SPACE NEEDS: Pullen, Hall, Benson, Fanton, Hopkins, O’Grady HUMAN SERVICES: Truax, Dibble, Burdick, Kruger, Reynolds, Russo PERSONNEL: Hall, Burdick, Benson, Fanton, Pullen, Russo, Ungermann NEGOTIATIONS AD HOC (Sub-Committee of Personnel; Liaison between the County’s negotiating team and the Personnel Committee): Pullen, O’Grady, Russo PUBLIC SAFETY: Dibble, Benson, Burdick, Kruger, McCormick, Reynolds 8 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS PUBLIC WORKS: Fanton, O’Grady, Hopkins, McCormick, Reynolds, Ungermann WAYS & MEANS: Reynolds, Hopkins, Dibble, Fanton, Hall, McCormick, Pullen, Truax BUDGET (Sub-Committee of Ways & Means): Hopkins, Fanton, Dibble, Hall, O’Grady ADJOURNMENT: The meeting was adjourned at 2:30 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Fanton and carried. -------- REGULAR SESSION - JANUARY 14, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 14 Present; 1 Absent (Legislator O’Grady). APPROVAL OF MINUTES: The Board meeting minutes of December 24, 2007 were approved on a motion made by Legislator Truax, seconded by Legislator Dibble and carried. The Board Organization meeting minutes of January 2, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried. PRIVILEGE OF THE FLOOR: Chairman Crandall granted privilege of the floor to Warren G. Schmidt, BOCES County Government Intern Program Instructor, who thanked the legislators for their continued support and introduced the 2008 interns. Six participants were present, and they will be joined by a few others in the coming weeks. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Legislators’ Compensation Table for 2007. 2. Also placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator in December 2007. 3. Notification was received that the Personnel Committee has appointed Douglas A. Dillon as EXECUTIVE SECRETARY OF THE ALLEGANY COUNTY MUTUAL SELFINSURANCE PLAN (WORKERS’ COMPENSATION) for calendar year 2008. 4. A reminder was announced for the two special Committee of the Whole meetings on January 15 and January 23 at 3:00 p.m. at the Crossroads Center. Both meetings will be held in executive session. 5. A news release was received from Southern Tier West Regional Planning and Development Board highlighting their December 20 meeting. 9 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 14, 2008 6. An invitation was received from Century 21 Unlimited Real Estate to attend an open house at their new office at 7 Schuyler Street in Belmont from 11:30 a.m. to 6:00 p.m. on January 17. APPOINTMENTS: The Clerk of the Board announced that Chairman Curtis W. Crandall has appointed Steven Presutti of Belmont to serve on the ALLEGANY COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD coterminous with his tenure as Real Property Tax Service Director, expiring September 30, 2013. INTRODUCTION OF LEGISLATION: Legislator Reynolds introduced Local Law Intro. No. 1-2008, Print No. 1, entitled “A Local Law Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over,” a copy of said proposed Local Law having been placed on each legislator’s desk. RESOLUTIONS: RESOLUTION NO. 4-08 RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW AMENDING LOCAL LAW NO. 4 OF 1987, AS AMENDED, TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER Offered by: Ways and Means Committee WHEREAS, on this 14th day of January, 2008, a local law (Intro. No. 1-2008, Print No. 1) was introduced Amending Local Law No. 4 of 1987 to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over, and WHEREAS, it will be necessary to set a date for public hearing on said proposed local law, now, therefore, be it RESOLVED: 1. That a public hearing shall be held on February 11, 2008, at 2:00 P.M. in the County Legislators' Chambers, Room 221, County Office Building, Belmont, New York, before the Allegany County Board of Legislators, in relation to proposed Local Law Intro. No. 1-2008, Print No. 1. 2. That the Clerk of the Board of Legislators is directed to prepare, with the assistance of the County Attorney, a notice of said public hearing, to cause the publication of a copy of said notice in each of the two newspapers which have been officially designated by this Board to publish “notices,” and to affix a copy of said notice on the County bulletin board in the County Courthouse at Belmont, New York; both publication and posting to be made at least five days before the public hearing. Moved by: Mr. Reynolds Seconded by: Mr. Truax Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent 10 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Comments made regarding Resolution No. 4-08: Mr. Ungermann noted his concern with exemptions is that if someone is exempted, someone else has to pay the bill. The problem is the cost of government, and if we could do something about trimming that cost, we’d reduce the need for exemptions. Previously, when a reduction in sales tax on heating fuel was considered, we were looking at a cost of $221,000 for a one-half percent reduction; the cost for this exemption will be over $300,000. A large percentage of the County’s population is older. Mr. Ungermann cautioned that if we give exemptions to the older population, not to be surprised when the younger people leave because they can’t afford to stay. We need to consider the long-term effects. There’s already a sizable exemption in place. Mr. Russo commented that this exemption will help the older people stretch their incomes. If the exemption is approved, people will realize that the government is responsive. The younger people are not the only ones leaving; the older ones are leaving because they’re losing their homes. If we go through something like this, it makes us realize we need to cut costs. This is a first step. RESOLUTION NO. 5-08 REINSTATEMENT OF TAX PARCEL TO TAXABLE PORTION OF ASSESSMENT ROLL Offered by: Ways and Means Committee Pursuant to Real Property Tax Law Section 1138 WHEREAS, a Certificate of Withdrawal was filed in the Allegany County Clerk’s Office on February 15, 2007 for a parcel of real property located in the Town of Amity, and WHEREAS, such parcel of real property was withdrawn from the taxable portion of the assessment roll and determined to be exempt from taxation based upon the determination that there was no practical method to enforce the collection of delinquent taxes on such parcel, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators does hereby determine and direct that the following parcel be restored to the taxable portion of the assessment roll: Town Owner Tax Map Number Town of Amity Allegany Area Economic Development Corp. 172.17-1-6.2 Serial Number 192-05 2. That the County Treasurer, as enforcing officer, shall issue a certificate of reinstatement and any and all other documents necessary to restore the above described parcel to the taxable portion of the assessment roll. Moved by: Mr. Reynolds Seconded by: Mr. Truax Adopted: Roll Call 12 Ayes, 2 Noes, 1 Absent Voting No: Burdick, Kruger Comments made regarding Resolution No. 5-08: Mr. Kruger noted that he has not supported the sale of the former Belmont School in any fashion so far, and he will not support this resolution. Mr. Ungermann stated that the County gave away 56,383 square feet of usable space and numerous parking spaces for $1. If for some reason the property doesn’t end up being used 11 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 14, 2008 for a tax-free situation, this resolution will provide for it to go back on the tax rolls; therefore, he supports it. County Treasurer Terri Ross affirmed that in order for the property to remain tax exempt, the new owner would have to meet certain requirements. RESOLUTION NO. 6-08 A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2007 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 Alfred is ordered and directed to correct in the 2007 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Kendall, David A. c/o Wells Fargo; Parcel 190.-1-18.21 Assessment: Land $88,700 Total $88,700 by removing the School Relevy and by correcting the taxes, as follows: 12 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Allegany County Town of Alfred Alfred Fire Total $1,443.03 510.88 57.27 $2,011.18 and the County Treasurer is directed to make the following refund: School Relevy $2,271.74 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 Schools 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, 2008. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2008. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 7-08 APPROVING AND RATIFYING 2008 RESOURCE ALLOCATION PLAN AGREEMENT WITH OFFICE OF CHILDREN AND FAMILY SERVICES; PROVIDING FOR APPROPRIATION OF FUNDS WHEN SUBCONTRACTS FOR SPECIAL DELINQUENCY PREVENTION PROGRAM SERVICES ARE APPROVED Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. That the 2008 Resource Allocation Plan agreement with Office of Children and Family Services in relation to the State's allocation of funds to the County for providing youth services under its Comprehensive Youth Service Plan is approved and ratified. 2. That the Chairman of this Board is authorized to execute such Plan Agreement. 3. That a portion of the funds to be received under such Plan agreement shall be appropriated from time to time to cover the costs under sub-contractor service provider agreements as may be approved by this Board. Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 8-08 RESOLUTION FOR ACCEPTABLE TRAINING FOR PLANNING BOARD MEMBERS Offered by: Ways and Means Committee WHEREAS, General Municipal Law 239-C (d) provides that effective January 1, 2007, all planning board members in New York State, as well as alternate members of those boards, must complete a minimum of four hours of training each year, and 13 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 14, 2008 WHEREAS, the above sections of state law provide that a planning board member shall not be eligible for reappointment to such board if they have not completed the training required by law, and WHEREAS, the above sections of state law provide that the legislative body of the County specifies which activities qualify as training to satisfy the state requirements, now, therefore, be it RESOLVED: 1. That the following list of agencies, commissions, associations, universities, and other organizations are approved to provide training to meet the state requirements when the training they provide pertains to municipal planning, zoning, community design, environmental issues, economic development, and local government functions and practices: a. The New York State Department of State, Department of Agriculture and Markets, Office of the State Comptroller, Department of Health, Department of Transportation, Department of Environmental Conservation, Office of Parks, Recreation and Historic Preservation, and b. The New York State Association of Towns, the New York Conference of Mayors, the New York State Association of Counties, the New York Planning Federation, the American Planning Association, the Upstate New York Chapter of the American Planning Association and its sections, and the Metro New York Chapter of the American Planning Association and its sections, and c. The Central New York Regional Planning and Development Board, Southern Tier Central Regional Planning and Development Board, Southern Tier East Regional Planning and Development Board, Southern Tier West Regional Planning and Development Board, Genesee-Finger Lakes Regional Planning Council, and d. The Allegany County Planning Board, the Allegany County Development and Planning Department(s), and e. The Albany Law School Governmental Law Center and Institute for Legal Studies, Pace Law School, Cornell University and its Cooperative Extension, Alfred University, State University of New York, Houghton College, Jamestown Community College, and f. On-line planning and zoning training programs offered by the New York Municipal Insurance Reciprocal, Pace University and Land Use Law Center, and the Lincoln Institute of Land Use Policy. 2. That other training activities may be approved on a case-by-case basis by the Allegany County Board of Legislators upon the request of a planning board member. 3. That any new member appointed to fill the last six months of a term shall not be required to have attended training to be reappointed to a first full term, but must thereafter comply with the municipal training policy as provided elsewhere herein. 4. That training received by a planning board member in excess of four hours in any one year may be carried over by the member into succeeding years. 5. The training required by this paragraph may be waived or modified by the County when, in the judgment of the governing board, it is in the best interest of the County to do so. 14 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 6. That the Department of Development and Planning shall create and maintain a system of tracking the training individual members complete annually and such information shall be presented to the appointing authority prior to considering a member for reappointment. Moved by: Mr. Reynolds Seconded by: Mr. Truax Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 9-08 REAPPOINTMENT OF TWO MEMBERS TO ALLEGANY COUNTY COMMUNITY SERVICES BOARD Offered by: Human Services Committee RESOLVED: 1. That Edna Howard of Belfast, New York and Sandra P. Blake of Houghton, New York are reappointed to the Allegany County Community Services Board, with term of office to commence January 1, 2008 and expire December 31, 2011. Moved by: Mr. Truax Seconded by: Mr. Hopkins Adopted: Voice Vote RESOLUTION NO. 10-08 REAPPOINTMENT OF FOUR MEMBERS TO THE CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING Offered by: Human Services Committee Pursuant to Resolution No. 221-74 RESOLVED: 1. That the reappointments of Wallace Higgins of Alfred Station, New York, Jean MacMurray of Wellsville, New York, Jean Switalski of Cuba, New York and Beverly Grantier of Wellsville, New York, to the Citizens Advisory Council to the Office for the Aging, with term of office for each commencing January 1, 2008 and expiring December 31, 2010, are confirmed. Moved by: Mr. Truax Seconded by: Mr. Pullen Adopted: Voice Vote RESOLUTION NO. 11-08 APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT AND REAPPOINTMENT OF REPRESENTATIVES TO ALLEGANY COUNTY DEVELOPMENT ADVISORY BOARD Offered by: Ways and Means Committee Pursuant to Local Law No. 2 of 1985 15 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 14, 2008 RESOLVED: 1. That the appointment by the Chairman of this Board of the following individuals to serve as representatives to and members of the Allegany County Development Advisory Board are approved: Deborah Clark, Education representative; Fred Sinclair, Agriculture representative; John Corneby, Forests representative; Craig Braack, Recreation/Tourism representative; Raymond DeTine, Barbara Deming and Steve Havey, Industry representatives; Frederic Marks, Utilities representative; William Hart, Small Business representative; Linda Clayson, Banking representative; William Shuler, Real Estate representative; David Fleming, Zena Andrus and Gretchen Hanchett, At Large representatives. Moved by: Mr. Hall Seconded by: Mr. Reynolds Adopted: Voice Vote RESOLUTION NO. 12-08 APPROVAL OF BOARD CHAIRMAN’S REAPPOINTMENT OF FOUR MEMBERS TO REGION NINE FISH AND WILDLIFE MANAGEMENT BOARD Offered by: Ways and Means Committee Pursuant to Environmental Conservation Law § 11-0501 RESOLVED: 1. That the reappointment by the Chairman of this Board of Dwight R. Fanton, to the Region Nine Fish and Wildlife Management Board, as a Legislative Representative Member, and Douglas D. Burdick as an Alternate Legislative Representative Member, with term of office commencing January 1, 2008 and expiring December 31, 2009, are approved. 2. That the reappointment by the Chairman of this Board of Derwood Say, to the Region Nine Fish and Wildlife Management Board, as a Sportsmen’s Representative Member and John Lewis as an Alternate Sportsmen’s Representative Member, with term of office commencing January 1, 2008 and expiring December 31, 2009, are approved. Moved by: Mr. Reynolds Seconded by: Mr. McCormick Adopted: Voice Vote RESOLUTION NO. 13-08 ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS Offered by: Ways and Means Committee WHEREAS, a check in the amount of $412.55, representing the cost to replace a broken window on a County Sheriff’s vehicle has been offered by NYMIR in settlement for such property damage, now, therefore, be it RESOLVED: 1. That an insurance payment in the amount of $412.55 from NYMIR representing the cost of replacing a broken window on a County Sheriff’s vehicle is accepted. 16 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 2. That the sum of $412.55 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680 (Risk Retention – Insurance Recovery). Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 14-08 APPROVAL OF AIR MEDICAL SERVICES CONTRACT WITH MERCY FLIGHT, INC. FOR 2008 Offered by: Human Services Committee RESOLVED: 1. That Air Medical Services Contract between Mercy Flight, Inc. and the County of Allegany, in relation to providing air medical services in Allegany County in 2008, is approved. 2. That the Chairman of this Board is authorized to execute such contract. Moved by: Mr. Truax Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The Contract approved by Resolution No. 14-08 includes payment of $10,000, payable quarterly at a rate of $2,500, to offset Mercy Flight’s costs to provide their invaluable air ambulance services to the citizens of Allegany County. Ambulance service is not reimbursable under state aid regulations; therefore, the total $10,000 is the County’s responsibility.) Comments made regarding Resolution No. 14-08: Mr. Pullen asked if this is a mandated expense, although it is a crucial service. Mr. Crandall responded that it is not. RESOLUTION NO. 15-08 APPROVAL OF AGREEMENT WITH ALLEGANY COUNTY ASSOCIATION FOR THE BLIND AND VISUALLY HANDICAPPED, INC., IN RELATION TO THE RENDERING OF SERVICE, TRAINING OR AID TO INDIGENT BLIND IN ALLEGANY COUNTY Offered by: Human Services Committee Pursuant to County Law § 224 (6) RESOLVED: 1. That the Agreement in the amount of $7,500 between the County of Allegany and Allegany County Association for the Blind and Visually Handicapped, Inc., in relation to the rendering of service, training or aid to indigent blind in Allegany County during 2008, is approved. 2. That the Chairman of this Board is authorized to execute said Agreement. Moved by: Mr. Truax Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent 17 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 14, 2008 Comments made regarding Resolution No. 15-08: Mr. Pullen asked if this is a mandated service. Mr. Truax responded that it is not, but it is very appropriate. RESOLUTION NO. 16-08 APPROVAL OF AGREEMENT WITH VOLUNTEER FIREMEN'S ASSOCIATION OF ALLEGANY COUNTY, INC., FOR PAYMENT OF 2008 BUDGETARY APPROPRIATION Offered by: Public Safety Committee Pursuant to County Law § 224 RESOLVED: 1. That the Chairman of this Board is hereby authorized to execute an agreement between the County of Allegany and the Volunteer Firemen's Association of Allegany County, Inc. that shall provide, in substance, (a) that the County of Allegany will disburse in advance to said Association the sum of $2,000 to be used by said Association for the payment of expenses which it might incur during 2008 in providing fire training schools for training firefighters, (b) that said Association will render a verified account of such expenses on or before December 31, 2008, with verified or certified vouchers therefor attached, and (c) that any unused amount will be refunded to the County of Allegany. 2. That the County Treasurer shall not pay the aforesaid sum until a memorandum receipt signed by the President and Treasurer of said Association agreeing to comply with the terms of this resolution is delivered to her office. 3. That the Treasurer of said Association shall not be required to furnish a bond. Moved by: Mr. Dibble Seconded by: Mr. Truax Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent Comments made regarding Resolution No. 16-08: Mr. Dibble and Mr. Pullen commented that the Volunteer Firemen’s Association is a very active group, and their efforts are appreciated. Mr. Pullen asked if it is a mandated service, to which Mr. Crandall and Mr. Margeson responded that it is not. RESOLUTION NO. 17-08 APPROVAL AND RATIFYING FIVE YEAR LEASE OF LAND OF DUANE AND TERRY GELSER FOR DEPARTMENT OF PUBLIC WORKS PURPOSES Offered by: Public Works and Ways and Means Committees WHEREAS, the Department of Public Works desires to lease land for its purposes, including, but not limited to, stockpiling of materials, now, therefore, be it RESOLVED: 1. That Lease dated November 15, 2007, between the County and Duane Gelser and Terry Gelser, for a term of five years beginning January 15, 2008, is approved and ratified. 18 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 2. That the Chairman of this Board is authorized to execute said Lease and to cause the recording of same in the Allegany County Clerk’s Office. Moved by: Mr. Fanton Seconded by: Mr. McCormick Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The lease agreement approved by Resolution No. 17-08 is for a term of five years beginning on January 15, 2008, at an annual rent of $200, and is an extension of an existing agreement. The property, a little over one acre in size, is located on County Road 15A in the Town of Birdsall, and will be used for stockpiling materials.) RESOLUTION NO. 18-08 APPROVAL OF AGREEMENT WITH ALLEGANY COUNTY AGRICULTURAL SOCIETY FOR PAYMENT OF 2008 BUDGETARY APPROPRIATION Offered by: Public Works Committee RESOLVED: 1. That the Agreement between the County of Allegany and the Allegany County Agricultural Society is approved. 2. That the Chairman of this Board is authorized to execute such Agreement. 3. That the County Treasurer, upon receipt of a true copy of said Agreement, is authorized and directed to remit to said Society the sum of $7,000 and charge Account No. A8752.4 therefor. Moved by: Mr. Fanton Seconded by: Mr. Reynolds Comments made regarding Resolution No. 18-08: Agricultural Society supports a great County Fair. Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: McCormick Mr. Dibble commented that the Mr. Pullen noted that he certainly supports the Fair, and it is an appropriate expense, but asked if it is mandated. Chairman Crandall responded that it is not. Mr. McCormick commented on the $7,000 appropriation for the County Fair and the fact that the other festivals in the County don’t receive any help. He listed a few of the others and questioned why they aren’t funded. Chairman Crandall pointed out that the other festivals are still supported by the County with security services. Mr. McCormick noted that this resolution appropriates public money to an umbrella corporation that’s privately funded, and questioned if there was a financial statement from the Society that shows they need the $7,000. He suggested the matter be referred back to Committee. Mr. Reynolds commented that he was not in favor of sending it back to Committee. Chairman Crandall stated that the County does receive an annual statement from the Agricultural Society. Mr. Pullen noted the reason for his questions on mandated services was that the state and federal governments mandate a lot of programs that we probably wouldn’t fund if given the choice. That leaves us having to choose between which non-mandated programs to fund, and if they are not funded, they would have to be reduced or eliminated. The County Fair is very important to many people, partially for its 4-H participation and educational aspects. The difference between the Fair and the other festivals is that the Fair is County-wide and the 19 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 14, 2008 other festivals don’t have the same degree of participation from the rest of the County. Where do we draw the line? Mr. Kruger commented that he supported the resolution, but Mr. McCormick raised legitimate questions on where the responsibility of the Legislature begins and ends, regardless of whether programs are mandated or not. It’s tough to say “no” when you’ve said “yes” to someone else. Mr. Kruger felt it was appropriate to look at the Agricultural Society’s statement and identify their need. The County certainly has a lot of places where money is needed, and this has piqued his curiosity on the necessity of funding in the future. Mr. Truax commented that the Fair may not be mandated, but the expense is appropriate. Mr. Hopkins reiterated that the County does receive an annual statement, and his recollection is that the Society does not have a large sum of money for operations from year to year. RESOLUTION NO. 19-08 APPROVAL OF AGREEMENTS WITH THE VILLAGE OF BOLIVAR AND TOWN OF CANEADEA IN RELATION TO THE DISPOSAL OF COUNTY LANDFILL LEACHATE AT THE VILLAGE AND TOWN WASTE WATER TREATMENT PLANTS; AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENTS Offered by: Public Works Committee RESOLVED: 1. That Agreements between the County of Allegany and the Village of Bolivar and Town of Caneadea in relation to the County's disposal of leachate at the respective Village and Town waste water treatment plants for the period January 1, 2008 to December 31, 2008, are approved. 2. That the Chairman of this Board is authorized to execute the Agreements. Moved by: Mr. Fanton Seconded by: Mr. Dibble Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The renewal agreements for leachate disposal approved by Resolution No. 19-08 include a tipping fee of $.025 per gallon.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Dibble and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Pullen and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $4,802,615.06 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid for 2007 was $8,708,765 following the 12/25/07 payment; year-to-date for 2008 is $337,454.) COMMENTS: Mr. Reynolds read a prepared statement including some figures quoted from a recent Gannett Newspaper article: 20 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS “Cutting expenses and lowering taxes is a desire of everyone on this Board. If you cut expenses, you must do away with services. We all realize there are burdens placed on county governments by unfunded mandates. Here are some facts from the Public Policy Institute that help us understand why counties in New York State struggle: State-local tax burden: $5,260 average per person, highest in the country, and 53 percent of the national average. Private sector employment growth, 1996-2006: Nine percent, 40th out of the 50 states. The national average is 14 percent. Manufacturing jobs: Dropped almost 29 percent between 1996 and 2006, a bigger drop than all states except North Carolina and Rhode Island. Cost of doing business (measures wages, taxes, electricity, and real estate): Second to Hawaii and 30.7 percent above the national average. Average price of electricity in 2007: 14.54 cents per kilowatt-hour, fourth highest and 66 percent above the national average of 8.77 cents. Cost of auto insurance in 2003: $1,161 on average, second behind New Jersey ($1,188) and 45 percent above the national average of $821. Spending by the state and local governments per person: $11,375, second to Alaska and 47 percent above the national average of $7,728. Per-pupil spending on public schools in 2005: $14,119, highest in the country and 62 percent above the national average. Classroom teacher salaries in 2006: $57,354 average, sixth behind Connecticut, California, New Jersey, Illinois, and Michigan, and 17 percent above the national average. Number of state and local government workers per 1,000 people in 2003: 62, ninth highest in the country. Average wages of government workers in 2003: $51,445, second to California. The national average is $40,717. State and local government debt per capita: $11,377, third highest of any state and 71 percent above the national average of $6,659. Gasoline taxes: 43.9 cents per gallon, third highest and 55 percent above the national average of 28.4 cents. Medicaid spending per capita: $2,316, highest in the country and 128 percent above the national average, but the expense was flat this year. Average cost of health insurance in 2004 (family): $10,397 per year, tenth highest. Portion of work force represented by labor unions in 2006: 24.4 percent, behind only Hawaii (24.7 percent). We constantly search for ways to cut taxes, but we live in an environment that makes that very difficult. And that environment is called NEW YORK STATE.” 21 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 25, 2008 Mr. Ungermann thanked Chairman Crandall for writing the letter to Clark Patterson Lee thanking them for their efforts relative to the County’s Court Facilities and other space needs issues (a copy of the letter was given to each legislator). Mr. Pullen noted that during the meeting, he asked several questions about mandated services. Much of the information Mr. Reynolds touched on in his article gives him the feeling, as a taxpayer and as an attorney for several school districts, that the state tells the schools 95 percent of what they have to do, but not how to continue providing services. We have no choice about a lot of things, but there are a number of issues we do have a choice on that are valuable. Mr. Pullen suggested having information available to the committee of jurisdiction and then included in the memorandum of explanation for resolutions on whether a program is mandated or not. Chairman Crandall felt this was a good idea and could be taken care of at the committee level. Mr. Dibble noted that the memorandum of explanation could include a box to check and the percentage of mandated expense. Mr. Dibble referred to the real property tax exemption resolution and the comments made regarding people leaving the state due to high taxes. We should work as a Board to get the state to reduce Medicaid. If we can get the state to take over the county share of Medicaid, it would relieve some of the burden. ADJOURNMENT: The meeting was adjourned at 2:40 p.m. -------- REGULAR SESSION - JANUARY 25, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 14 Present; 1 Absent (Legislator Truax). APPROVAL OF MINUTES: A motion was made by Legislator Reynolds and seconded by Legislator Dibble to approve the Board meeting minutes of January 14, 2008. An amendment on page 4 was requested by Legislator Ungermann to correct the square footage of the former Belmont School from 65,000 square feet to 56,383 square feet. A motion was made by Legislator Dibble, seconded by Legislator Ungermann and carried to approve the minutes as corrected. PRIVILEGE OF THE FLOOR: Chairman Crandall took the floor to present a certificate to the February 2008 Employee of the Month, Deputy Sheriff Kevin Ross, in recognition of his hard work and dedication to the County. The Chairman made note of Deputy Ross’s extraordinary actions taken on November 19, 2007 during the Wellsville mutual aid police pursuit and expressed the Board’s appreciation. Chairman Crandall granted privilege of the floor to William Hart, President of the Greater Allegany County Chamber of Commerce. Mr. Hart gave an update on the formation of this new organization. They are a legal not-for-profit entity and currently have the support of over 30 business people. The Chamber’s main focus will be on the individual chambers and businesses throughout the County. Allegany County is blessed with a few large employers, but basically we are a County of small businesses. These are times of 22 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS challenging business conditions. The Chamber is a great place for support, including assistance with start-up costs, access to ACCORD and SCORE services, and can be seen as an incubator for small businesses. The group will not be in competition with the smaller chambers. Members of the Greater Allegany County Chamber must become members of available local chambers first. Uniting the smaller chambers will strengthen the group. Health benefit rates will be lower with a wider selection when representing a larger group. Advocacy is one of the Chamber’s most important functions, opening an avenue of communication and constructive dialogue between the County, the State, and local businesses (better representation by the potential 1,000 members than by the individual, smaller groups). The Chamber is still working on developing where its finances will come from, but it will probably be a combination of dues, grants, and donations. Mr. Hart stated he looks forward to marketing the assets of the County and promoting business. Through hard work and creativity, it can work. The next meeting will be on February 20 at 9:00 a.m. at the Crossroads Center. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Designation of Succession to the Office of the Allegany County Attorney was filed by Interim County Attorney Thomas Miner in the Clerk of the Board’s Office on January 4, 2008. Leslie J. Haggstrom has been designated as the First Assistant County Attorney, and Carissa M. Healy has been designated as the Third Assistant County Attorney. 2. The Allegany County Agricultural Society, Inc. Annual Financial Report for 2007 was received in the Clerk of the Board’s Office on January 15, 2008 (copies were distributed to all legislators). APPOINTMENTS: The Clerk of the Board announced that Chairman Curtis W. Crandall has appointed Douglas D. Burdick of Alfred Station to replace David T. Pullen as the legislative member of the CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING, effective immediately, to serve for as long as he is a member of the Human Services Committee of the Board of Legislators, subject to confirmation by said Board of Legislators. Chairman Crandall has appointed David T. Pullen of Fillmore as a member of the CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING, for a term of three years commencing January 1, 2008 and expiring December 31, 2010, subject to confirmation by the Board of Legislators. Chairman Crandall has appointed Rodney K. Bennett of Dalton to serve on the ALLEGANY COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD coterminous with his designation as Chairman of the Soil and Water Conservation District’s Board of Directors, for a one-year term expiring December 31, 2008. RESOLUTIONS: RESOLUTION NO. 20-08 APPROVAL OF BOARD CHAIRMAN’S REAPPOINTMENT OF HARVEY SCOTT SPILLANE AS DIRECTOR OF COUNTY VETERANS’ SERVICE AGENCY Offered by: Personnel Committee Pursuant to Executive Law § 357 and Resolution No. 58-45 23 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 25, 2008 RESOLVED: 1. That the reappointment by the Chairman of this Board of Legislators of Harvey Scott Spillane as Director of the County Veterans’ Service Agency for a term commencing January 1, 2008 and ending December 31, 2008 is approved. Moved by: Mr. Hall Seconded by: Mr. Russo Adopted: Voice Vote RESOLUTION NO. 21-08 APPROVAL OF BOARD CHAIRMAN’S REAPPOINTMENT OF ONE MEMBER TO THE REGION NINE FOREST PRACTICE BOARD Offered by: Public Works Committee Pursuant to Environmental Conservation Law § 9-0705 RESOLVED: 1. That the reappointment by the Chairman of this Board of Karl D. Kruger, to the Region Nine Forest Practice Board, as a Legislative Member, with term of office commencing January 1, 2008 and expiring December 31, 2009, is approved. Moved by: Mr. Fanton Seconded by: Mr. Pullen Adopted: Voice Vote RESOLUTION NO. 22-08 APPOINTMENT AND REAPPOINTMENT OF MEMBERS TO THE ALLEGANY COUNTY PLANNING BOARD Offered by: Ways and Means Committee RESOLVED: 1. That each of the following persons is appointed to the Allegany County Planning Board, with term of office for each commencing January 1, 2008 and expiring as set forth below: Kathleen Barnes Aaron Dale Foster Charles Jessup Little Genesee, New York Andover, New York Alfred Station, New York December 31, 2010 December 31, 2010 December 31, 2010 2. That Brent L. Reynolds, Chairman of the Ways and Means Committee of this Board, David Roeske, Superintendent of Public Works and Terri L. Ross, Allegany County Treasurer are appointed ex-officio members of the Allegany County Planning Board with term of office to commence January 1, 2008, and expire December 31, 2008. Moved by: Mr. Reynolds Seconded by: Mr. Dibble Adopted: Voice Vote A motion was made by Legislator Hall, seconded by Legislator Fanton and carried to amend Resolution Intro. No. 23-08 (Acceptance of the Insurance Proposal of NYMIR Submitted by Richardson & Stout Insurance Company) by changing the premium amount indicated in the second paragraph from $358,882 to $277,463.59. The revised amount 24 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS reflects the Personnel Committee’s decision to continue with the self-insured retention proposal rather than a deductible option. (The original premium figure of $358,882 included both the insurance proposal at $300,476 and the umbrella liability coverage at $58,406 approved in a later resolution, whereas the revised figure of $277,463.59 includes only the NYMIR insurance premium.) RESOLUTION NO. 23-08 ACCEPTANCE OF THE INSURANCE PROPOSAL OF NYMIR SUBMITTED BY RICHARDSON & STOUT INSURANCE COMPANY; CONTINUED AUTHORITY OF BOARD CLERK AND PERSONNEL COMMITTEE TO SECURE OTHER INSURANCE Offered by: Personnel Committee RESOLVED: 1. That the NYMIR insurance proposal and related services as submitted by Richardson & Stout Insurance Company of Wellsville, New York to the County of Allegany for the period February 1, 2008 to February 1, 2009 is approved. 2. That the premium not to exceed $277,463.59 plus any additional premium amounts resulting from the addition or inclusion of vehicles, equipment and other property to the policies is charged to Account No. A1910.406 of the 2008 County Final Budget in which the funds are proportionately provided to cover the whole of such premium. 3. That all other insurance not provided for in the foregoing proposal shall continue to be secured by the Clerk of the County Board of Legislators with approval of the Personnel Committee of such County Board, limited by the funds appropriated by such County Board therefor. Moved by: Mr. Hall Seconded by: Mr. Russo Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The NYMIR proposal, accepted per Resolution No. 23-08, represents the SelfInsured Retention [SIR] option, rather than changing to a deductible-type policy. The premium is approximate due to adjustments processed throughout the year for changes in vehicles, equipment, and property. The $4 million umbrella coverage will be handled by Humphrey & Vandervoort through Merchants Mutual Insurance Company for $58,406 [approved in a subsequent resolution]. The combined fiscal impact of the NYMIR proposal and the Merchants Mutual umbrella policy is $335,869.59.) Comments made regarding Resolution No. 23-08 included: Mr. Ungermann felt that a deductible-type policy would be cheaper over a period of years. The self-insured option requires payment of claims out of pocket up to $250,000; whereas the County would only pay a deductible on the other type of policy. The premium costs were pretty close, and Mr. Ungermann stated that this issue should be revisited next year, with more time allowed for discussion. A decision should be made in December or early January. Mr. Hall noted that the meeting with all the insurance representatives present was very helpful. He concurred with Mr. Ungermann in that the issue needs to be discussed a month earlier to allow time to digest information and make some phone calls. We need to look at the deductible policy, as it may save money. The Clerk of the Board will be making calls to other counties that have deductible-type policies. 25 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 25, 2008 Mr. Pullen noted another difference between the self-insured and deductible options is that with the deductible-type policy, the decisions on defending and settlement of claims rest with the insurer, and with the self-insured retention, the County has control over how claims are investigated and settled. This control is why Interim County Attorney Thomas Miner, Insurance Consultant Brian Baty, and Claims Representative Todd Bushway recommended the self-insured option. RESOLUTION NO. 24-08 ACCEPTANCE OF THE INSURANCE PROPOSAL OF MERCHANT’S MUTUAL INSURANCE COMPANY SUBMITTED BY HUMPHREY & VANDERVOORT/ W. H. GREENE & ASSOCIATES, INC. FOR EXCESS LIABILITY UMBRELLA COVERAGE; CONTINUED AUTHORITY OF BOARD CLERK AND PERSONNEL COMMITTEE TO SECURE OTHER INSURANCE Offered by: Personnel Committee RESOLVED: 1. That the Merchant’s Mutual Insurance Company insurance proposal for excess liability umbrella coverage in the amount of $4,000,000 as submitted by Humphrey & Vandervoort of Williamsville, New York, and W. H. Greene & Associates, Inc. of East Aurora, New York, to the County of Allegany for the period February 1, 2008 to February 1, 2009 is approved. 2. That the premium not to exceed $58,406 is charged to Account No. A1910.406 of the 2008 County Final Budget in which the funds are proportionately provided to cover the whole of such premium. 3. That all other insurance not provided for in the foregoing proposal shall continue to be secured by the Clerk of the County Board of Legislators with approval of the Personnel Committee of such County Board, limited by the funds appropriated by such County Board therefor. Moved by: Mr. Hall Seconded by: Mr. Fanton Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The premium for the umbrella coverage proposal approved by Resolution No. 24-08 represents a reduction of $94 from last year’s cost.) RESOLUTION NO. 25-08 URGING STATE OF NEW YORK TO ESTABLISH POLICIES THAT WILL ASSIST THE DEVELOPMENT OF OIL AND GAS RESOURCES IN THE STATE Offered by: Ways and Means Committee WHEREAS, several counties in the State of New York possess exploitable and valuable oil and gas resources, and WHEREAS, the first discovery of “crude oil” in America was in Allegany County in 1627, and WHEREAS, during the 19th century Allegany County was a center of oil and gas production in the State of New York and in the United States, and 26 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS WHEREAS, the “mining” or extraction of oil and gas was a major industry in Allegany County from the 1880’s until the 1950’s, and WHEREAS, many of the present world-wide practices of secondary and tertiary oil production were pioneered in Allegany County as documented in the book “Empire Oil” by John P. Herrick, and, WHEREAS, cheaper foreign oil and increased governmental regulation contributed to a decline in this once vital industry by making it no longer competitive, and WHEREAS, seventy to eighty percent of oil reserves are still in place in Allegany County, and WHEREAS, new technology has made the renewed production of oil and gas and a revitalization of the oil and gas industry in Allegany County and the State of New York possible, and WHEREAS, the recent rise in the price of oil has made it profitable to pursue oil and gas development if state regulations and policies are industry friendly, and WHEREAS, the State of New York does not have policies which offer incentives and other benefits to encourage private industry to exploit and produce these valuable natural resources in the State, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators urges the State of New York to develop policies and procedures that will aid and assist the oil and gas industry in the State of New York to explore and produce oil and gas in the State, particularly in the Southern Tier of New York. 2. That certified copies of this resolution be mailed to New York State Governor Eliot Spitzer, the Senate and Assembly En-Con Committee, Senator Catharine M. Young and Assemblymen Daniel J. Burling and Joseph M. Giglio. Moved by: Mr. Reynolds Seconded by: Mr. Dibble Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent Comments made regarding Resolution No. 25-08: Mr. Ungermann stated that the development of oil and gas in the state is market driven, and like anything else, is regulated to death. Over regulation helps put small businesses out of business. He’d rather see resolutions in support of things like Oneida County’s efforts to collect sales tax from Indian sales to non-Indians; it seems we lose a lot of sales tax revenue that way. Mr. Dibble noted that in the past, oil and gas production was a major industry in the County. Most of the oil in New York State is in Allegany County. We need to get the Governor and State Legislators to establish some policies. Across the state line, there is a lot of development going on. We need to address the issue while still protecting the environment. Chairman Crandall noted that the oil producers group should get a copy of the resolution. 27 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 25, 2008 RESOLUTION NO. 26-08 ACCEPTANCE OF NEW YORK STATE GRANT FUNDS FOR PREPARING A STUDY TO IMPLEMENT A CENTRALIZED COUNTY LEVEL DATABASE FOR TAX COLLECTION INFORMATION; APPROPRIATION OF FUNDS Offered by: Ways and Means Committees RESOLVED: 1. That New York State grant funds in the amount of $25,000 for the purpose of preparing a study to implement a centralized County level database for tax collection information is accepted. 2. That the sum of $25,000 is appropriated to Account No. A1325.429 (County Treasurer – County Tax Collection Initiative Grant) with a like sum credited to Revenue Account No. A10.3089.1325 (State Aid – Tax Collection Grant). Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The study referenced in Resolution No. 26-08 will examine the tax collection process currently in place throughout the County, what it would take to install and maintain a centralized database, and provide information for implementation of a centralized system. This study must be done by August 1, 2008, and if completed on time, there is an additional $25,000 component available to aid in any implementation costs. Allegany County has a total of 59 tax collection units, including the County. This study will give us options to enhance collection methods County-wide and offer solutions to those collecting units without any type of electronic collection system.) RESOLUTION NO. 27-08 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO OFFICE OF DEVELOPMENT CONTRACTUAL EXPENSES ACCOUNT Offered by: Ways and Means Committee RESOLVED: 1. That the sum of $14,729 is transferred from Account No. A1990.4 (Contingent) to Account No. A6430.478 (Development – Contractual), to finance the cost of completing the Allegany County Comprehensive Plan. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent Comments made regarding Resolution No. 27-08: Mr. Pullen noted that the development of a County Comprehensive Plan is another example of an issue that may not be mandated, but he supports it because it is something that is needed and long overdue. Mr. Ungermann commented that he is in favor of the Plan if it doesn’t end up being shelved; it needs to be used. Mr. Hall stated that the Comprehensive Plan can be used for grants, particularly federal grants. Working together and implementing the Plan will be worthwhile. 28 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Mr. Hopkins noted that he is on the Comprehensive Planning Committee, and they are now working on a way to assure that the Plan is used and kept updated. Their work is in the final stages, and should be ready for presentation to the Board of Legislators within 30 to 60 days. Then there will be a process to go through to have it approved, including a public hearing. Chairman Crandall clarified that this transfer does not represent additional funds, but is the balance remaining from the original funding that wasn’t rolled over at year-end and had to be handled this way. RESOLUTION NO. 28-08 REAPPROPRIATION OF 2007 CALENDAR YEAR HOMELAND SECURITY AND EMS COUNCIL GRANT FUNDS FROM THE STATE OF NEW YORK Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. That New York State Per Capita grant funds in the amount of $6,317.30 not spent in calendar year 2007 are reappropriated to Account No. A3640.207 (Emergency Services - Equipment) with a like sum credited to Revenue Account No. A10.3305.00 (State Grant – Emergency Services). 2. That Homeland Security Program grant funds in the amount of $10,730.02 not spent in calendar year 2007 are reappropriated to Account No. A3645.218 (Homeland Security – Equipment) with a like sum credited to Revenue Account No. A10.3306.EMG8 (Homeland Security State Aid – Emergency Services). 3. That Homeland Security Program grant funds in the amount of $1,485.58 not spent in calendar year 2007 are reappropriated to Account No. A3645.448 (Homeland Security – Contractual) with a like sum credited to Revenue Account No. A10.3306.EMG8 (Homeland Security State Aid – Emergency Services). 4. That Southwestern Regional EMS Council grant funds in the amount of $887.64 not spent in calendar year 2007 are reappropriated to Account No. A3640.447 (Emergency Services - Contractual) with a like sum credited to Revenue Account No. A02.1589.02. Moved by: Mr. Dibble Seconded by: Mr. Fanton Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The reappropriation of grant funds approved by Resolution No. 28-08 was necessary due to overlapping grant years. Original acceptance of the grants was accomplished through Resolutions Nos. 24-07, 104-07, and 126-07.) RESOLUTION NO. 29-08 A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF TRUAX ROAD BRIDGE BIN 2215130 IN TOWN OF WELLSVILLE Offered by: Public Works and Ways and Means Committees Pursuant to Highway Law § 238 and Resolution No. 65-95 WHEREAS, the County Public Works Department has submitted a report to this Board stating its reasons why Truax Road Bridge BIN 2215130 in the Town of Wellsville, should be reconstructed, and 29 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 25, 2008 WHEREAS, the County Public Works Department has submitted plans, maps and specifications for the reconstruction of such Bridge and estimated the project costs at $1,606,000, and WHEREAS, such Bridge qualifies under the Cost Sharing Plan set forth in Resolution No. 65-95, now, therefore, be it RESOLVED: 1. That this Board of Legislators does determine that it considers Truax Road Bridge BIN 2215130 in the Town of Wellsville, to be of sufficient importance to be reconstructed. 2. That the plans, maps and specifications prepared by the County Public Works Department are approved and the County Public Works Department is directed to construct such Bridge in accordance with such plans, maps and specifications. 3. That the authorized cost for the construction of such Bridge shall not exceed $1,606,000. 4. That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $68,255 and be appropriated from Capital Account H5631.200. 5. That the Town’s share of such cost, estimated to be $12,045, shall be paid to the County pursuant to the provisions of section 1 g. of Resolution No. 65-95. 6. That such Bridge shall not be reconstructed until the Town of Wellsville files the appropriate Town Board resolution in accordance with Resolution No. 65-95. Moved by: Mr. Fanton Seconded by: Mr. O’Grady Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The Truax Road Bridge Project funding approved by Resolution No. 29-08 includes a break-down of costs as follows: Total Estimated Costs - $1,606,000; Federal Aid $1,284,800; State Marchiselli Aid - $240,900; County Share - $68,255; and Town Share $12,045. The County share has already been budgeted.) RESOLUTION NO. 30-08 APPROVING SUPPLEMENTAL AGREEMENT NO. 2 BETWEEN COUNTY OF ALLEGANY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION PHASE AND TO AMEND THE FUNDING OF THE TRUAX ROAD OVER DYKE CREEK PROJECT (PIN 6753.75) LOCATED IN THE TOWN OF WELLSVILLE Offered by: Public Works and Ways and Means Committees WHEREAS, the Truax Road over Dyke Creek Project (PIN 6753.75) located in the Town of Wellsville was approved by Resolution No. 105-2005, and amended by Resolution No. 142-2006, and WHEREAS, it is necessary to amend the funding of the Project (PIN 6753.75) by increasing Capital Account H5631.200 by $665,000, now, therefore, be it 30 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLVED: 1. That Account No. H11.4097.5631 (Federal Aid) is increased $532,000, Account No. H11.3097.5631 (State Aid) is increased $120,900, Account No. H11.2300.5631 (Town Share) is increased $12,045 and Account No. D5110.408 (County Share) is increased $55. 2. That the Supplemental Agreement No. 2 between the County of Allegany and New York State Department of Transportation to amend the funding of the Truax Road over Dyke Creek Project is approved. 3. That the Chairman of this Board is authorized to execute the Supplemental Agreement. Moved by: Mr. Fanton Seconded by: Mr. Russo Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The Supplemental Agreement approved by Resolution No. 30-08 is for the construction phase of the project and also adds Marchiselli Aid of 15 percent for preliminary engineering. The amount of $941,000 was budgeted in 2006 for this project, and the entries noted above in the resolution increase the Capital Account to the total project cost of $1,606,000. Refer also to Resolution No. 105-05 and No. 142-06.) RESOLUTION NO. 31-08 APPROVAL OF MEMORANDUM OF AGREEMENT WITH CORNELL COOPERATIVE EXTENSION ASSOCIATION OF ALLEGANY COUNTY AND AUTHORIZING CHAIRMAN TO EXECUTE MEMORANDUM OF AGREEMENT; AUTHORIZING COUNTY TREASURER TO MAKE APPROPRIATION PAYMENTS IN RELATION TO THE 2008 BUDGETARY APPROPRIATION FOR THE WORK OF SUCH ASSOCIATION Offered by: Public Works Committee Pursuant to County Law § 224 (8) RESOLVED: 1. That Memorandum of Agreement between the County of Allegany and the Cornell Cooperative Extension Association of Allegany County, dated January 1, 2008 in relation to the payment of appropriations to such Association by the County and the providing of services for such appropriations is approved and the Chairman of this Board is authorized to execute such Memorandum of Agreement. 2. That the County Treasurer is authorized and directed to pay one quarter of the sum provided in the 2008 County Final Budget for such Association in advance on the first day of each quarter beginning January 2008, to be used by such Association pursuant to the terms and conditions of such Agreement; such payments to be made to the duly bonded Treasurer of such Association. Moved by: Mr. Fanton Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent Comments made regarding Resolution No. 31-08: Mr. Pullen, appointed as the Board of Legislators’ representative to Cornell Cooperative Extension of Allegany County’s Board of Directors, commented that the appropriation is at the same level as it has been. The appropriation is the annual funding of the County’s share of Cooperative Extension’s 31 BOARD OF LEGISLATORS SESSION MINUTES, JANUARY 25, 2008 combination of state, federal, and local funding. The County’s share, $195,000, is not mandated, but certain County services are provided though Cooperative Extension, and they act as a funding conduit and also fund fringe benefits. The value of this alone was $175,000 this year, which if not provided by them would have been paid by the County. There are many nuances we don’t realize; it’s a very valuable program. A motion was made by Legislator McCormick and seconded by Legislator Kruger to amend Resolution Intro. No. 32-08 (Approval of Lease for Rushford Lake Swimming Area; Designating Allegany County Administrator as County Official for Operation of Public Beach) by changing the term of the lease from three years to one year. Following a roll call vote of 6 Ayes, 8 Noes, 1 Absent, the motion was defeated. (Voting No: Benson, Burdick, Crandall Dibble, Fanton, Hopkins, Pullen, Reynolds). RESOLUTION NO. 32-08 APPROVAL OF LEASE FOR RUSHFORD LAKE SWIMMING AREA; DESIGNATING ALLEGANY COUNTY ADMINISTRATOR AS COUNTY OFFICIAL FOR OPERATION OF PUBLIC BEACH Offered by: Ways and Means Committee RESOLVED: 1. That Lease between the Rushford Lake Recreation District, as Landlord, and the County of Allegany, as Tenant, for the leasing of premises at Rushford Lake for recreation purposes for the period January 1, 2008 to December 31, 2010 is approved. 2. That the Chairman of this Board is authorized to execute the Lease. 3. That pursuant to Paragraph 6. of the Lease the Allegany County Administrator is designated the County official responsible for the administration of the operation of the public beach for swimming and directly related activities on the Lease premises and authorized to establish rules and regulations for such operation. 4. That the Clerk of this Board is directed to send a certified copy of this resolution to the Rushford Lake Recreation District and to the Allegany County Administrator. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 9 Ayes, 5 Noes, 1 Absent Voting No: Burdick, Kruger, O’Grady, Russo, Ungermann Comments made regarding Resolution No. 32-08: Mr. O’Grady stated that he was against the County footing the bill for this recreation program; it should be the Town of Rushford’s endeavor. Mr. O’Grady contacted the Wellsville Recreation Department, and they spend $25,000 per year to provide recreation at the pool which is used by many entities, not just Wellsville. The Town and Village of Bolivar spend $38,000 for recreation at their pool, running the same type of program we’re funding here. If the County does this for Rushford Lake Beach, we should be contributing more to the other municipalities’ programs. Mr. Dibble noted that the Rushford Beach is used by people from all over the County and people are even bussed in. It’s a quality of life thing. He supports it. Chairman Crandall clarified that this resolution deals only with the lease at a cost of $1. The program that deals with funding is another issue. 32 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Mr. Reynolds commented that the Rushford Swimming Area is a viable and decent program in a lake environment, and is used County-wide. The program benefits the County in the employment of lifeguards, who are our kids, and helps put money back into the economy. Closing the beach would affect those with no place else to go. The cost is minimal considering the benefits. Mr. Kruger agreed that the Rushford Beach sees a lot of use, but there are many more people in the County that don’t use it than those who do, and they still have to help pay the bill. He does not support the program. Mr. Pullen pointed out that this is not a mandated program, which is true of most of the youth programs. There are a number of valuable programs that are not mandated, and it’s an issue that has to be looked at, but this resolution only addresses the matter of the lease at a cost of $1. The decision to fund the recreation program for $16,000 is a separate issue. Mr. Kruger noted that the County is not in good financial shape, and at some point we have to decide where to start cutting unmandated programs. This program is really not necessary, and the beach will still be there to use; the County just won’t be providing the lifeguards. Mr. Russo stated this is an unfair distribution of recreation funds and will vote no. Mr. Hopkins asked Youth Program Director Deborah Aumick if any other recreation programs still use the beach. Ms. Aumick replied that Fillmore, Belfast, and Caneadea use it, and it also brings in a lot of tourists. She pointed out that we receive Office of Children and Family Services (OCFS) funding, so the $16,000 cost to run the program may not be the true figure, but may be about $3,000 less. Mr. O’Grady noted a reference made to the “miniscule” amount of money involved, but he could recall about $100,000 in “miniscule” amounts that didn’t get cut from the budget but could have been. AUDITS: A motion was made by Legislator Reynolds, seconded by Legislator Dibble and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Fanton, seconded by Legislator Hopkins and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $2,155,423.23 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $674,908.) ADJOURNMENT: The meeting was adjourned following a motion made by Legislator Dibble, seconded by Legislator Hopkins and carried. -------- 33 BOARD OF LEGISLATORS SESSION MINUTES, FEBRUARY 11, 2008 REGULAR SESSION - FEBRUARY 11, 2008 The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. APPROVAL OF MINUTES: The Board meeting minutes of January 25, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Hopkins and carried. PUBLIC HEARING: Chairman Crandall closed the regular meeting to hold a public hearing on Local Law Intro. No. 1-2008, entitled “A Local Law Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over.” Comments included: Kimberley Toot, Office for the Aging Director and resident of the Town of Wellsville, commented that she applauds Legislator Russo for his leadership on this issue and encourages passage of the resolution in order to provide some relief to seniors on their property tax bills. Most of our seniors are in retirement and on a fixed income, some relying solely on Social Security benefits. The consumer price index has increased 4.8 percent, housing costs have increased 2.8 percent, medical expenses have increased 5.4 percent, and energy costs have increased 18.2 percent. Social Security benefits have only increased 2.3 percent in 2008. The average benefit increase is $24 per month to cover the increased costs of groceries, heating fuel, gas, and other necessary living expenses. This legislation will assist those who need it most. Legislator Pullen questioned whether the exemption applies to all property owned by senior citizens, or only residences. Interim County Attorney Miner responded that Section 467 of the Real Property Tax Law limits the exemption to legal residences. Following comments, the public hearing was declared closed and the Board reconvened in regular session. PRIVILEGE OF THE FLOOR: Chairman Curtis W. Crandall and Veterans’ Service Agency Director H. Scott Spillane jointly took part in the presentation of a Bronze Star Medal to World War II Veteran Joseph A. Marra from Friendship. Mr. Marra was accompanied by members of the Friendship American Legion. The Bronze Star Medal is awarded to soldiers who have distinguished themselves by heroic or meritorious achievement or service in the United States Army. Chairman Crandall stated it was a privilege to bring forward one of Allegany County’s finest to receive long overdue recognition by the United States for his part in securing our freedoms in World War II. He read from a letter sent by Congressman John Randy Kuhl to Joseph Marra commending him for his heroic service. Chairman Crandall presented a Certificate of Appreciation on behalf of the citizens of Allegany County and the Allegany County Board of Legislators. Mr. Spillane took the podium and noted that this special presentation of the Bronze Star Medal was long overdue. His office has been working on it for the past ten years. The Bronze Star Medal is the ninth highest medal the government issues, and in this case is being presented for meritorious service. Mr. Spillane and Chairman Crandall presented the medal to Mr. Marra. In March, Mr. Marra will be 85 years old. 34 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Chairman Crandall noted privilege of the floor will be granted to members of the Genesee Valley Central School Entrepreneurship Class of 2007-2008 for a presentation later in the meeting. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the 2007 annual reports from the following departments and agencies for review: Cooperative Extension, County Attorney, County Clerk, Human Resources, Probation, and Public Works. 2. Also placed on each legislator’s desk was a copy of the 2008 Allegany County Directory of County, Town, and Village Contacts. 3. Also distributed to each legislator were copies of the Report of Tax Bill Corrections Approved by the County Administrator in January. 4. An invitation was received to attend a Power Lunch with Houghton native Ben Sayers, CEO of VoIP Supply, at the Old Library Restaurant on February 27 from 11:30 a.m. to 1:30 p.m. (VoIP, or Voice over Internet Protocol, is a new advance in phone service using broadband Internet connections to transmit telephone calls. VoIP Supply, a Buffalo-based company launched in 2004 by Mr. Sayers, is one of the first online retailers to sell an array of VoIP related products all under one banner. The company projects sales of over $100 million by 2009.) 5. Notice was received for the next InterCounty Association meeting to be hosted by Monroe County at the Rochester Museum and Science Center on February 15. 6. Also received were Southern Tier West Regional Planning and Development Board minutes of December 20, 2007 and a notice for their February 21 meeting. 7. Filed in the Clerk of the Board’s Office was the joint report of the Planning Board and Agricultural and Farmland Protection Board regarding the addition of Mayline Farms into Agricultural District No. 4. A public hearing will be held on February 25. 8. The regular Public Safety Committee meeting has been moved from February 13 to Wednesday, February 20, at 1 p.m. 9. There will be a special Committee of the Whole meeting Friday, February 29, at 10 a.m. in the Legislative Board Chambers for the purpose of meeting with Marthe Ngwashi, Assistant Director of Intergovernmental Affairs with the NYS Attorney General’s Office. 10. Correspondence was received from William Hart, President of the Greater Allegany County Chamber of Commerce, thanking the Board for their donation. 11. Correspondence was also received from William Hart, President of the Greater Allegany County Chamber of Commerce, confirming the Chamber’s support of the Belmont Betterment Association’s proposed project to repair, reconstruct, and rehabilitate the former Belmont Central School. Mr. Hart acknowledged the Board’s previous support and noted that any further support offered would benefit not only the project itself, but also the business community of the County. 12. Legislator Truax announced that the Human Services Committee meeting scheduled for February 20 is being moved to February 25 following the Board meeting. 35 BOARD OF LEGISLATORS SESSION MINUTES, FEBRUARY 11, 2008 APPOINTMENTS: The Clerk of the Board announced that Chairman Crandall has appointed Ronald Truax, as an officer of Allegany County government, to serve as CHAIRMAN OF THE FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY ADMINISTRATIVE BOARD, pursuant to Local Law No. 2-94. Chairman Crandall has appointed William Zacher, representing the Friendship Town Board, and Susan F. Myers, resident of the Town of Friendship, as members of the FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY ADMINISTRATIVE BOARD, effective February 1, 2008, to serve at his pleasure. Chairman Crandall has appointed the following individuals as members of the ALLEGANY COUNTY YOUTH BOARD for a three-year term commencing March 26, 2008, and expiring March 25, 2011, subject to confirmation by the Board of Legislators: Janet Gaczewski, Caneadea (District I) James Cross, Cuba (District II) Sherry Weirich, Scio (District III) Ralph Eastlack, Wellsville (District IV) Gary Ostrower, Alfred (District V) RESOLUTIONS: RESOLUTION NO. 33-08 ADOPTION OF LOCAL LAW INTRO. NO. 1-2008 AMENDING LOCAL LAW NO. 4 OF 1987, AS AMENDED, TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER Offered by: Ways and Means Committee RESOLVED: 1. That proposed Local Law, Intro. No. 1-2008, Print No. 1, is adopted without any change in language, to wit: COUNTY OF ALLEGANY Intro. No. 1-2008 Print No. 1 A LOCAL LAW AMENDING LOCAL LAW NO. 4 OF 1987, AS AMENDED, TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows: Section 1. The purpose of this local law is to amend Section 2. of Local Law No. 4 of 1987, as amended, to increase the annual income limits at which certain persons over sixty-five years of age can receive a partial exemption to the assessed valuation of real property owned by such persons. Section 2. follows: That Section 2. of Local Law No. 4 of 1987 is amended to read as 36 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ANNUAL INCOME PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION $19,500 or less 50 per centum $19,500.01 or more but less than $20,499.99 45 per centum $20,500 or more but less than $21,499.99 40 per centum $21,500 or more but less than $22,499.99 35 per centum $22,500 or more but less than $23,399.99 30 per centum $23,400 or more but less than $24,299.99 25 per centum $24,300 or more but less than $25,199.99 20 per centum $25,200 or more but less than $26,099.99 15 per centum $26,100 or more but less than $26,999.99 10 per centum $27,000 or more but less than $27,899.99 5 per centum Section 3. This local law shall take effect immediately. Moved by: Mr. Reynolds Seconded by: Mr. Russo Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: Following approval per Resolution No. 33-08, Local Law Intro. No. 1-08 became Local Law No. 1-08. This Local Law amended Local Law No. 4-87, which was previously amended by Local Law No. 6-04.) Comments regarding Resolution No. 33-08: Mr. Ungermann pointed out the additional impact to the budget in the amount of $90,000 as a result of this tax exemption. He’s concerned about the seniors, but also about our young people. The problem with exemptions is that the costs get passed on to someone else. We need to think about how the young people and businesses are going to pay for it. There are 89 separate tax exemptions; maybe some of them should be reviewed to see if they’re still necessary or fitting. We want to give the seniors a break, but they already get the STAR exemption. We also have three major colleges in the County that pay no taxes. How much longer can business and our youth stand to pay for these exemptions? Mr. Kruger took the other side of the argument and noted that seniors have worked all their lives. This resolution is directed to seniors with low incomes. He supports it because we haven’t done anything so far to reduce the cost of government and he’ll grasp at any straw to help the residents with their tax burden. Mr. Hall clarified a few points about the institutions of higher education mentioned earlier. They bring in a lot of people, so there are financial benefits in increased sales and sales tax revenue; and they also provide payments in lieu of taxes and support their local communities. Eighty percent of the Village of Alfred is tax exempt. The educational institutions there provide services and payments in lieu of taxes and other funding for the community in spite of the fact that they don’t have to. Mr. Hopkins noted that this is not a new exemption, but an adjustment for the increased cost of living. It hasn’t been done in several years. 37 BOARD OF LEGISLATORS SESSION MINUTES, FEBRUARY 11, 2008 RESOLUTION NO. 34-08 APPROVAL OF BOARD CHAIRMAN’S APPOINTMENTS TO CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING Offered by: Human Services Committee Pursuant to Resolution No. 221-74 RESOLVED: 1. That the appointment of Douglas D. Burdick of Alfred Station, New York as legislative member to the Citizens Advisory Council to the Office for the Aging, effective immediately, to serve for as long as he is a member of the Human Services Committee of the Board of Legislators, and the appointment of David T. Pullen of Fillmore, New York as a member to the Citizens Advisory Council to the Office for the Aging, with term of office commencing January 1, 2008 and expiring December 31, 2010, are confirmed. Moved by: Mr. Truax Seconded by: Mr. Dibble Adopted: Voice Vote RESOLUTION NO. 35-08 AUTHORIZING PUBLIC HEALTH DIRECTOR TO CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH FOR ADOLESCENT TOBACCO ENFORCEMENT AND PREVENTION (ATUPA) SERVICES; AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE DEPARTMENT OF HEALTH TO ENFORCE CLEAN INDOOR AIR LAW; APPROPRIATION OF FUNDS TO HEALTH DEPARTMENT ACCOUNTS Offered by: Human Services and Ways and Means Committees RESOLVED: 1. This Board authorizes the Public Health Director to contract with the New York State Department of Health for Adolescent Tobacco Enforcement and Prevention (ATUPA) services for the period October 1, 2007 to September 30, 2008. 2. That the sum of $31,607 in grant funds from the New York State Department of Health for use to enforce the Clean Indoor Air Law, perform compliance checks where retail tobacco products are sold, and for education purposes, is accepted. 3. That the accepted sum of $31,607 is appropriated as follows: $28,000 to Account No. A4051.4 (Tobacco Awareness – Contractual), $3,607 to Account No. A4010.101 (Health Department – Personnel) with a like sum credited to Revenue Account No. A10.3450.04 (State Aid – Tobacco Awareness). Moved by: Mr. Truax Seconded by: Mr. Dibble Adopted: Roll Call 14 Ayes, 1 No, 0 Absent Voting No: Burdick AUDITS: A motion was made by Legislator Truax, seconded by Legislator Dibble and carried, that the audits be acted upon collectively and by totals. 38 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS A motion was made by Legislator Reynolds, seconded by Legislator Truax and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $3,229,111.32 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $1,012,362.) (MEETING RECESSED FROM 2:30 TO 3:00 PM.) GENESEE VALLEY CENTRAL SCHOOL ENTREPRENEURSHIP CLASS: Matt Hopkins, Genesee Valley Central School Entrepreneurship Class Instructor and students Jake Grisewood and Tyler Neth gave a presentation to the Board. The class has been working on community presentations for promotion of a community blood drive to be hosted by the class and run by the Community Blood Bank. The presentations are part of a competition to develop the best marketing plan, and their goals are to decrease the blood shortage in the area, gain experience working as a team on marketing skills, and giving back to the community. The blood drive will be held on March 14 at the Genesee Valley Central School. An online survey is available on the school’s home page to obtain a rough estimate of the number of donors to expect. The group has contacted the Buffalo Bills to try to get someone to come down and participate, Channel 2 News to cover the event, and plan to utilize community presentations, UTube commercials, posters, announcements, and news articles to promote the blood drive. Legislator Truax pointed out that area hospitals in the Southern Tier of New York and several Northern Pennsylvania counties use the Community Blood Bank, saving half the cost, and only use the Red Cross as a back-up. Blood processed through the Community Blood Bank stays in this area. ADJOURNMENT: The meeting was adjourned at 3:20 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Hall and carried. -------- REGULAR SESSION - FEBRUARY 25, 2008 The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 14 Present; 1 Absent (Legislator Benson). APPROVAL OF MINUTES: The Board meeting minutes of February 11, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried. PUBLIC HEARING: Chairman Crandall closed the regular meeting to hold a public hearing regarding “The Modification and Continuation of Agricultural District Number Four within the Towns of Alfred, Andover, Independence, Ward, and Willing.” Modification is for the inclusion of approximately 94.4 acres of land owned by Phillip G. May and located in the Town of Willing. There being no one desiring to speak, the public hearing was declared closed and the Board reconvened in regular session. 39 BOARD OF LEGISLATORS SESSION MINUTES, FEBRUARY 25, 2008 PRIVILEGE OF THE FLOOR: Chairman Crandall took the floor to present a certificate to the March 2008 Employee of the Month, Laurie Hennessy, of the Health Department (Nursing Division), in recognition of her hard work and dedication to the County. Chairman Crandall granted privilege of the floor to Sheriff William R. Tompkins for the presentation of an award to Robert Sobeck of Wellsville in recognition of his exemplary service to the community during the November 19, 2007 armed robbery in Wellsville. Mr. Sobeck, a retired Deputy Sheriff and former County Legislator, was present at the time of the incident, and the actions he took helped to keep it from escalating into a much worse scenario. Sheriff Tompkins remarked that it was his honor to award this first Outstanding Citizen Award to Mr. Sobeck. Privilege of the Floor was granted to Tourism Specialist Craig Braack for presentation of the 2008 Allegany County Travel and Outdoor Guide. Representatives were present from the offices of Cooperative Extension, County Attorney, County Clerk, Human Resources, Probation, and Public Works to answer questions regarding their 2007 Annual Reports. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the 2007 Annual Reports from the Office for the Aging (Annual Report for this department will be distributed at the luncheon on February 29), Community Services, Coroners, Emergency Services, Fire Service, Health Department, Real Property Tax Service Agency, and Sheriff’s Office for review. 2. A reminder was announced for the special Committee of the Whole meeting on February 29, at 10 a.m. in the Legislative Chambers for the purpose of hearing a presentation by Marthe Ngwashi, Assistant Director of Intergovernmental Affairs with the NYS Attorney General’s Office. 3. Noble Environmental Power filed copies of the Notice of Completion and the Draft Environmental Impact Statement for the Noble Allegany Windpark in the Clerk of the Board’s Office on February 21, 2008. APPOINTMENTS: The Clerk of the Board announced that Chairman Crandall has re-appointed Kevin Redman of Fillmore as an Active Farmer member on the ALLEGANY COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD for a four-year term commencing March 5, 2008 and expiring March 4, 2012. PROCLAMATION: Chairman Crandall proclaimed March 1 through 7, 2008 as Weights and Measures – Balancing the Marketplace Week in Allegany County in conjunction with the national observance announced at the National Conference on Weights and Measures (NCWM). This annual celebration commemorates the anniversary of the signing of the first weights and measures law in the United States on March 2, 1799. 40 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTIONS: RESOLUTION NO. 36-08 RESOLUTION CONTINUING AGRICULTURAL DISTRICT NUMBER FOUR WITH MODIFICATIONS Offered by: Public Works Committee Pursuant to Agriculture and Markets Law Sections 303-a and 303-b WHEREAS, Agricultural District Number Four, being within the Towns of Alfred, Andover, Independence, Ward and Willing, was created on August 7, 1977 and was last modified and continued on January 24, 2005 by Resolution No. 10-2005, and WHEREAS, the annual thirty-day period established by this Board for requesting inclusion of predominantly viable agricultural land into this Agricultural District for calendar year 2007 ended on October 28, 2007, and WHEREAS, Phillip G. May, residing at 41 Fitzstephens Road, Wellsville, New York requested inclusion within such annual thirty-day period of approximately 94.4 acres of predominantly viable agricultural land located in the Town of Willing into Agricultural District Number Four, and WHEREAS, due notice of a public hearing on whether such predominantly viable agricultural land should be included in the District having been published as required by Agriculture and Markets Law Section 303-b, and such hearing having been held before this Board on February 25, 2008, and WHEREAS, this Board has duly deliberated on whether the District should be modified, now, therefore, be it RESOLVED: 1. That this Board of Legislators determines after review of the report of the County Agricultural and Farmland Protection Board and after a public hearing held on February 25, 2008, that Agricultural District Number Four be continued and modified to include the addition of approximately 94.4 acres of predominantly viable agricultural lands located in the Town of Willing, comprised of three parcels bearing Tax Map numbers 304-125.1 (8.8 acres), 304-1-15 (49.3 acres) and 304-1-16.1 (36.3 acres), owned by Phillip G. May who resides at 41 Fitzstephens Road, Wellsville, New York. 2. That the Clerk of this Board is directed to send a certified copy of this resolution to the New York State Commissioner of Agriculture. 3. That this Board requests that the New York State Commissioner of Agriculture certify that the proposed inclusion of the approximately 94.4 acres of predominantly viable agricultural land located in the Town of Willing, comprised of three parcels bearing Tax Map numbers 304-1-25.1, 304-1-15 and 304-1-16.1 is feasible and in the public interest. Moved by: Mr. Fanton Seconded by: Mr. O’Grady Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent 41 BOARD OF LEGISLATORS SESSION MINUTES, FEBRUARY 25, 2008 RESOLUTION NO. 37-08 APPOINTMENT OF COUNTY ATTORNEY Offered by: Ways and Means Committee Pursuant to County Law § 500 RESOLVED: 1. That Thomas A. Miner, a resident attorney-at-law, is appointed Allegany County Attorney for a term commencing February 25, 2008 and expiring December 31, 2009. 2. That Section 6. of Resolution No. 242-2007 is amended to change the salary of County Attorney from $99,768 to $85,000. 3. This resolution shall take effect immediately. Moved by: Mr. Reynolds Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 38-08 AMENDMENT OF RESOLUTION NO. 242-2007 TO INCREASE SALARY OF FIRST ASSISTANT COUNTY ATTORNEY Offered by: Personnel and Ways and Means Committees RESOLVED: 1. That Section 6. of Resolution No. 242-2007 is amended to change the salary of First Assistant County Attorney from $63,870 to $73,000. 2. This resolution shall take effect February 26, 2008. Moved by: Mr. Hall Seconded by: Mr. Fanton Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 39-08 APPROVING AND RATIFYING AGREEMENT WITH THE TOWN OF FRIENDSHIP IN RELATION TO THE DISPOSAL OF COUNTY LANDFILL LEACHATE AT THE TOWN WASTE WATER TREATMENT PLANT; AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENT Offered by: Public Works Committee RESOLVED: 1. That Agreement between the County of Allegany and the Town of Friendship in relation to the County's disposal of leachate at the respective Town waste water treatment plant for the period January 1, 2008 to December 31, 2008, is approved. 2. That the Chairman of this Board is authorized to execute the Agreement. 42 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Moved by: Mr. Fanton Seconded by: Mr. Reynolds Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The agreement approved by Resolution No. 39-08 includes payment of $.025 per gallon tipping fee to the Town for disposal of landfill leachate.) Resolution Intro. No. 40-08 (Resolution Setting Date of Public Hearings on Application for Small Cities Community Development Block Grant for Replenishment of Revolving Loan Fund) was not pre-filed and was considered from the floor on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried. RESOLUTION NO. 40-08 RESOLUTION SETTING DATE OF PUBLIC HEARINGS ON APPLICATION FOR SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT FOR REPLENISHMENT OF REVOLVING LOAN FUND Offered by: Ways and Means Committee WHEREAS, the Allegany County Office of Development intends to submit an application for a Small Cities Community Development Block Grant in the amount of $400,000 for replenishment of the County’s Revolving Loan Fund, and WHEREAS, there must be two public hearings held on such application prior to the submission of the application, now, therefore, be it RESOLVED: 1. That public hearings on the submission of an application for a Small Cities Community Development Block Grant for replenishment of the County’s Revolving Loan Fund shall be held on March 10, 2008 at 2:00 PM and on April 14, 2008 at 2:00 PM in the Board of Legislators Chambers, Room 221, County Office Building, 7 Court Street, Belmont, New York 14813. 2. That the Clerk of the Board of Legislators is directed to prepare, with the assistance of the County Attorney, a notice of said public hearings, to cause the publication of a copy of said notice in each of the two newspapers which have been officially designated by this Board to publish "notices," and to affix a copy of said notice on the County bulletin board in the County Courthouse at Belmont, New York; both publication and posting to be made as required by law prior to the first public hearing to be held on March 10, 2008. Moved by: Mr. Reynolds Seconded by: Mr. Truax Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: Regarding Resolution No. 40-08, Allegany County will act as the pass-through agency for ACCORD and ACDSI for this grant, which will be used for job creation loans, “Green Business” development, LMI loans and loan incentive program, administration, training, and technology.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Kruger and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling 43 BOARD OF LEGISLATORS SESSION MINUTES, MARCH 10, 2008 $1,780,034.55 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $1,349,816.) COMMENTS: Legislator Reynolds gave a reminder that it’s time for ARC project applications. There is $150,000 in grant funds available for area development programs through Southern Tier West for projects such as business development, job training, health, and infrastructure. Legislators Kruger and McCormick expressed appreciation for Governor Spitzer visiting Allegany County last week and listening to some of our problems. Chairman Crandall’s comments on unfunded state mandates were on target. ADJOURNMENT: The meeting was adjourned following a motion made by Legislator Reynolds, seconded by Legislator Truax and carried. -------- REGULAR SESSION - MARCH 10, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. APPROVAL OF MINUTES: The Board meeting minutes of February 25, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried. PUBLIC HEARING: Chairman Crandall closed the regular meeting to hold a public hearing on the submission of an application for a Small Cities Community Development Block Grant for replenishment of the County’s Revolving Loan Fund. (This public hearing was the first of two; the second one is scheduled for April 14.) There being no one desiring to speak, the public hearing was declared closed, and the Board reconvened in regular session. PRIVILEGE OF THE FLOOR: Chairman Crandall granted privilege of the floor to Richard Witkowski, CEO, Allegany Arc, who addressed the Board regarding Developmental Disabilities Awareness Month. March is nationally recognized as a time to promote understanding of the abilities of intellectually and developmentally disabled people. For nearly sixty years, NYSARC and Allegany Arc have worked to provide opportunities for independence, enhanced personal growth, and a better quality of life through advocacy, support, and programs such as supported employment. Over 900 individuals are served by Arc programs every year. Mr. Witkowski stated that their organization appreciates the partnership with the County in supporting them for over half of a century. Legislator David Pullen, Chairman of the Court Facilities and County Space Needs Committee, presented an informational brochure which summarizes frequently asked 44 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS questions related to the Court Facilities Project. It is intended to be the first of an ongoing series, and it includes contact information for the public’s questions and comments. Copies will be disseminated throughout the legislative districts at town and village offices, and the information will also be available on the County website. Future questions will be researched and included, along with the answers, in the next versions of the brochure. Representatives were present from the following departments or agencies to answer questions regarding their 2007 Annual Reports: Office for the Aging, Community Services, Coroners, Emergency Services, Fire Service, Health Department, Real Property Tax Service Agency, and Sheriff’s Office. Legislator Fanton questioned representatives from the Sheriff’s Office about the separate break-down of time for transporting federal inmates which was requested by the Budget Committee. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk were copies of the 2007 Annual Reports from the following departments or agencies for review: District Attorney, Board of Elections, Employment & Training, Public Defender, STOP DWI, Veterans’ Service Agency, Workers’ Compensation, and Youth Bureau. 2. Notice was received of the next InterCounty Association meeting to be hosted by Schuyler County at Watkins Glen International on Friday, March 14. 3. An invitation was received to attend the 7th Annual Allegany County Career Awareness Day on March 26, from 12 to 3:30 p.m. at the Wellsville Middle School. 4. An invitation was received to attend a Budget Press Conference at the Erie County Legislative Office in Buffalo on March 13. (This conference was later cancelled.) 5. Received in the Clerk of the Board’s Office on March 7, 2008, was a copy of correspondence sent to the New York State Department of Environmental Conservation from the Town of Wellsville as Notice of Lead Agency Declaration for purposes of implementing the SEQRA requirements with respect to the proposed development of a Walmart Supercenter in Wellsville. 6. Notice was given for a tour of the Wyoming County and Genesee County Court Facilities on March 26. All legislators and the media were invited to attend. 7. Notice was given for a special Committee of the Whole meeting immediately following the regular Board meeting on Monday, March 24. Marthe Ngwashi, Assistant Director of Intergovernmental Affairs with the NYS Attorney General’s Office, plans to attend the meeting to talk about the Attorney General’s Office and explain what they can do for us, and what we can do for them. 8. Received were a News Release and minutes of the February 21 meeting of the Southern Tier West Regional Planning and Development Board, as well as a Meeting Notice and Agenda for their March 20 meeting. APPOINTMENTS: The Clerk of the Board announced that Chairman Crandall appointed Marie Willard of Caneadea to replace Mary Vandewarker of Angelica as a member of the ALLEGANY COUNTY CITIZENS ADVISORY COMMITTEE ON TOURISM, to serve at his pleasure. 45 BOARD OF LEGISLATORS SESSION MINUTES, MARCH 10, 2008 PROCLAMATIONS: Chairman Curtis W. Crandall proclaimed March 2008 as Developmental Disabilities Awareness Month in Allegany County, celebrating the achievements and contributions of people with intellectual and other developmental disabilities. Chairman Crandall, on behalf of the Allegany County Board of Legislators, congratulated the Town of Alfred on its Bicentennial, and called upon the residents of the County to celebrate with the Town of Alfred and wish them well in the future. The community will hold a celebration on March 11, 2008, the two-hundredth anniversary of its incorporation. RESOLUTIONS: RESOLUTION INTRO NO. 41-08 (APPROVAL OF A STATE LEGISLATIVE BILL WHICH AUTHORIZES THE COUNTY OF ALLEGANY TO REINSTATE ANDREW CHAMBERLAIN TO A PERMANENT POSITION AS A DEPUTY SHERIFF) was DEFEATED following a roll call vote of 4 Ayes, 11 Noes, 0 Absent (Voting No: Legislators Benson, Burdick, Fanton, Hopkins, Kruger, McCormick, O’Grady, Pullen, Russo, Truax, and Ungermann). This action involved Home Rule legislation that was started in February 2007 (see Resolution Nos. 31-07 and 58-07). RESOLUTION NO. 41-08 RESOLUTION URGING THE STATE LEGISLATURE TO OPPOSE THE PROPOSED SHIFT OF THE STATE’S HISTORIC SHARE OF PUBLIC ASSISTANCE TO COUNTIES AND THE PROPOSED SHIFT OF 100 PERCENT OF COST OF JUVENILE DETENTION FACILITIES TO COUNTIES Offered by: Human Services and Ways and Means Committees WHEREAS, since 1938, counties and New York State have equally shared in the cost of public assistance at a 50 percent state, 50 percent local split for this program; and WHEREAS, the 2008-09 Executive Budget proposes to break this historic state/local fiscal partnership by shifting an additional 2 percent of the cost of public assistance from the state to the counties; and WHEREAS, according to the 2008-09 Executive Budget proposal, in addition to shifting an additional 2 percent share of public assistance cost to the counties, effective April 1, 2008, counties will assume the full cost of youth placed by the Family Court in secure and non-secure detention facilities; and WHEREAS, currently, the State reimburses counties 50 percent for secure and nonsecure detention costs, but by shifting the cost completely to counties, the State’s estimated savings for this initiative is $35.4 million; and WHEREAS, at the time of this proposal, the State is currently in the process of closing many of their state owned and operated secure detention facilities, which will result in immediate state savings, and WHEREAS, the policy rationale behind this cost-shift is the State’s recommendation that counties find alternative diversion programs for these youth, such as community-based solutions, however, there is no possibility of diversion or other community-based alternatives for a youth who has been placed in a secure detention facility; and 46 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS WHEREAS, these proposals will not result in a reduction in the overall tax burden faced by New York taxpayers, but merely a shifting of the tax burden from the state to counties; and WHEREAS, these budget proposals are examples of a break in the historic state/local partnership governing such expenditures, where local property taxpayers will be directly impacted; and WHEREAS, the local property tax burden will only be increased by implementation of these proposals and therefore these budget proposals pose a significant threat to the short and long-term health of both our state and local economy; now therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators opposes any policies or fiscal initiatives, like the proposed increase in the local share for public assistance and the fiscal shift of 100 percent of the cost of juvenile detention facilities to counties, that change the fundamental promise Governor Spitzer made to the counties of New York State about ongoing, historic state and local partnerships. 2. That the Allegany County Board of Legislators urges the State Legislature to oppose these policies and to focus on strengthening, not severing, the local/state partnership while working to reduce the cost of government at all levels. 3. That certified copies of this resolution be mailed to New York State Governor Eliot Spitzer, Senator Catharine M. Young, and Assemblymen Daniel J. Burling and Joseph M. Giglio. Moved by: Mr. Truax Seconded by: Mr. Pullen Adopted: Voice Vote Comments made regarding Resolution No. 41-08: Mr. Pullen referred to the historic relationship between the state and counties that is unique in the nation, which the state is seeking to change by passing a larger share of the burden to the counties. The counties have no control over benefits or any other aspects of the programs, although they are becoming the majority partner in terms of funding. Mr. McCormick noted that the taxes which fund social programs should not be placed on property tax payers, but should be funded by income tax or other fees. RESOLUTION NO. 42-08 RESOLUTION CALLING ON THE GOVERNOR AND STATE LEGISLATURE TO END THE PRACTICE OF PASSING COSTS FOR STATE PROGRAMS TO COUNTY GOVERNMENT AND OUR PROPERTY TAXPAYERS Offered by: Ways and Means Committee WHEREAS, unfunded state mandates shift the responsibility and the cost of implementing programs from the state to the local level and force localities to cut existing services or raise property and other local taxes to achieve the additional requirements, and WHEREAS, state government leaders have acknowledged that high property taxes are a problem for residents and businesses in New York State, making the state less attractive and less competitive, and 47 BOARD OF LEGISLATORS SESSION MINUTES, MARCH 10, 2008 WHEREAS, the Citizens Budget Commission states that local taxes in New York State are 79 percent higher than the national average, and that state laws result in high local tax burdens, and WHEREAS, the Tax Foundation, based in Washington D.C., reports that nine of the top ten counties nationwide in median real estate taxes as a percentage of median home value are in New York State, and WHEREAS, the Governor has formed a bipartisan commission to make recommendations on a package of reforms that gets at the root causes of what is driving taxes so high, including looking at unfunded mandates on both school districts and municipalities, proposals on how to make our tax relief system fairer to the middle class taxpayer, and a proposal for a fair and effective cap to hold the line on school district property taxes, with said commission due to report its findings in June of this year, and WHEREAS, the New York State Association of Counties (NYSAC) has previously recommended that state policy makers should strive to forge a stronger state/local partnership by eliminating unnecessary state requirements, make the state more responsive by requiring state payment of mandates it deems essential, and to establish alternative methods for performance and implementation, and WHEREAS, while awaiting the recommendations of the Governor’s commission on ways to reduce the high property taxes in New York State, state policy makers should refrain from making the problem worse by shifting costs from the state’s 2008-2009 budget to county budgets and our property taxpayers, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators urges the Governor and State Legislature to end the practice of passing costs for state programs to county government and our property taxpayers. 2. That certified copies of this resolution be mailed to New York State Governor Eliot Spitzer, Senator Catharine M. Young, and Assemblymen Daniel J. Burling and Joseph M. Giglio. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Voice Vote RESOLUTION NO. 43-08 RESOLUTION SETTING DATE OF PUBLIC HEARING ON THE USE OF $50,000 FROM THE COUNTY ROAD REPAIR RESERVE TO HELP FINANCE THE COST OF RECONSTRUCTING BRIDGE NO. 15-16 ON THE FARNSWORTH ROAD IN THE TOWN OF CUBA Offered by: Public Works and Ways and Means Committees WHEREAS, it will be necessary to set a date for a public hearing for the purpose of considering the use of funds from the County Road Repair Reserve to partially finance the reconstruction of Bridge No. 15-16 on the Farnsworth Road in the Town of Cuba, now, therefore, be it RESOLVED: 48 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 1. That a public hearing shall be held on March 24, 2008, at 2:00 P.M. in the County Legislators' Chambers, Room 221, 7 Court Street, County Office Building, Belmont, New York 14813, before the Allegany County Board of Legislators, to consider the use of $50,000 from the County Road Repair Reserve to help finance the cost of the reconstruction of Bridge No. 15-16 in the Town of Cuba. 2. That the Clerk of the Board of Legislators is directed to prepare, with the assistance of the County Attorney, a notice of said public hearing, to cause the publication of a copy of said notice in each of the two newspapers which have been officially designated by this Board to publish "notices," and to affix a copy of said notice on the County bulletin board in the County Courthouse at Belmont, New York; both publication and posting to be made at least five days before the public hearing. Moved by: Mr. Fanton Seconded by: Mr. Hall Adopted: Voice Vote RESOLUTION NO. 44-08 A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF TOWN BRIDGE NO. 15-16 (B.I.N. 2214570) IN TOWN OF CUBA Offered by: Public Works and Ways and Means Committees Pursuant to Highway Law § 238 and Resolution No. 65-95 WHEREAS, the County Public Works Department has submitted a report to this Board stating its reasons why Town Bridge No. 15-16 (B.I.N. 2214570) on Farnsworth Road in the Town of Cuba should be reconstructed, and WHEREAS, the County Public Works Department has submitted plans, maps and specifications for the reconstruction of such Bridge and estimated the project costs at $165,000, and WHEREAS, such Bridge qualifies under the Cost Sharing Plan set forth in Resolution No. 65-95, now, therefore, be it RESOLVED: 1. That this Board of Legislators does determine that it considers Town Bridge No. 15-16 (B.I.N. 2214570) on Farnsworth Road in the Town of Cuba to be of sufficient importance to be reconstructed. 2. That the plans, maps and specifications prepared by the County Public Works Department are approved, and the County Public Works Department is directed to construct such Bridge in accordance with such plans, maps and specifications. 3. That the authorized cost for the construction of such Bridge shall not exceed $165,000 and shall come from Capital Project Account No. H5802. 4. That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $140,250. 5. That the Town’s share of such cost, estimated to be $24,750, shall be paid to the County pursuant to the provisions of section 1 g. of Resolution No. 65-95. 49 BOARD OF LEGISLATORS SESSION MINUTES, MARCH 10, 2008 6. That such Bridge shall not be reconstructed until the Town of Cuba files the appropriate Town Board resolution in accordance with Resolution No. 65-95. Moved by: Mr. Fanton Seconded by: Mr. Reynolds Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent Comments made regarding Resolution No. 44-08: Mr. Ungermann noted that the bridge has been red-flagged three years in row, and there are over 100 jobs on the far side of the bridge with no good alternate route. RESOLUTION NO. 45-08 CONFIRMATION OF BOARD CHAIRMAN’S REAPPOINTMENTS TO COUNTY YOUTH BOARD Offered by: Public Safety Committee Pursuant to Resolution No. 95-79 RESOLVED: 1. That the reappointments by the Chairman of this Board of Janet Gaczewski, James Cross, Sherry Weirich, Ralph Eastlack and Gary Ostrower to the County Youth Board, with term of office for each commencing March 26, 2008 and expiring March 25, 2011, are confirmed. Moved by: Mr. Dibble Seconded by: Mr. Hopkins Adopted: Voice Vote RESOLUTION NO. 46-08 CREATING ONE NEW POSITION OF CORRECTION OFFICER IN THE SHERIFF’S DEPARTMENT Offered by: Public Safety Committee RESOLVED: 1. That one new position of Correction Officer is created in the Sheriff’s Department. Moved by: Mr. Dibble Seconded by: Mr. Fanton Adopted: Roll Call 12 Ayes, 3 Noes, 0 Absent Voting No: Burdick, Kruger, Ungermann RESOLUTION NO. 47-08 TRANSFER OF FUNDS WITHIN EMERGENCY SERVICES ACCOUNT Offered by: Public Safety Committee RESOLVED: 1. A3640.4. That the sum of $3,000 is transferred from Account No. A3640.2 to Account No. 50 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Moved by: Mr. Dibble Seconded by: Mr. Truax Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The transfer approved by Resolution No. 47-08 is for payment of rent expenses for January and February 2008 EMS Training Classes at the Crossroads Center. Of the $3,000, $100 is for renting the room for an audit meeting in September 2007. The funds are part of a state legislative grant to be spent as needed.) RESOLUTION NO. 48-08 ACCEPTANCE OF FUNDS FROM SELECTIVE WAY INSURANCE COMPANY AND APPROPRIATION OF FUNDS TO INSURANCE RECOVERY AND VEHICLE REPLACEMENT ACCOUNTS Offered by: Ways and Means Committee RESOLVED: 1. That the sum of $6,227.94, representing partial settlement for equipment that was damaged and/or destroyed during the November 19, 2007 police pursuit in Wellsville, is accepted and is to be applied to 2007 accounts receivable to be used to partially offset the cost of the two replacement vehicles. 2. The accepted sum of $6,227.94 is to be appropriated to Account No. H380.2007 (H5997.200 - Vehicle Replacement) with a like sum credited to Revenue Account No. H07.2680.00 (Insurance Recovery). Moved by: Mr. Reynolds Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: Regarding Resolution No. 48-08, the estimates for damaged/destroyed equipment removed from the Sheriff’s 2004 and 2006 Jeep Grand Cherokees totaled $8,852.94. The $6,227.94 represents a settlement on $7,853.94 worth of the equipment, and the remaining $999 is still under consideration. Most of the equipment was approximately three years old and was depreciated at about 21 percent.) RESOLUTION NO. 49-08 APPROVAL OF ALTERNATIVES TO INCARCERATION SERVICE PLAN UPDATES FOR JANUARY 1, 2008 TO DECEMBER 31, 2008 AS SUBMITTED BY COUNTY PROBATION DIRECTOR; AUTHORIZING PROBATION DIRECTOR TO EXECUTE DOCUMENTS AND AUTHORIZING CHAIRMAN TO CERTIFY APPROVAL Offered by: Public Safety Committee Pursuant to Executive Law Article 13-A-Alternatives to Incarceration Service Plans RESOLVED: 1. That the Alternatives to Incarceration Service Plan Updates for January 1, 2008 to December 31, 2008, in relation to the continuation of the County’s Pretrial Release Program and Community Service Program, are approved. 2. The Director of Probation is authorized to execute and deliver all agreements necessary to complete the approval process of the Plan Updates. 51 BOARD OF LEGISLATORS SESSION MINUTES, MARCH 10, 2008 3. That the Chairman of this Board is authorized to certify such approval on such Plan Updates. Moved by: Mr. Dibble Seconded by: Mr. Reynolds Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent Comments made regarding Resolution No. 49-08: Probation Director David Sirianni explained that the Alternatives to Incarceration Programs were designed for implementation prior to trial to save on jail space for people not viewed as a threat. Of the approximately 200 participants on pre-trial release last year, the number of re-offenders was insignificant. (Mr. Sirianni will check on the exact number and report back.) RESOLUTION NO. 50-08 APPROVAL OF AGREEMENT WITH NEW YORK STATE OFFICE OF HOMELAND SECURITY AND ACCEPTANCE OF FY 2007-2010 GRANT FUNDS FOR THE ENHANCEMENT OF ALLEGANY COUNTY COMMUNICATION SYSTEM; AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENT Offered by: Public Safety Committee RESOLVED: 1. That the Agreement between the County of Allegany and the New York State Office of Homeland Security for the enhancement of Allegany County’s Communication System is approved. 2. That the Chairman of this Board is authorized to execute the Agreement. Moved by: Mr. Dibble Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The 2007-2010 New York State Homeland Security Grant funds accepted by Resolution No. 50-08 totaled $63,000, and will be administered by Emergency Services.) RESOLUTION NO. 51-08 RATIFYING AND APPROVING ADMINISTRATIVE SERVICES AGREEMENT WITH NOVA HEALTHCARE ADMINISTRATORS, INC. TO ADMINISTER COUNTY SELF-INSURANCE MEDICAL PLAN FOR COUNTY OFFICERS, EMPLOYEES AND RETIREES AND PHARMACY BENEFIT MANAGEMENT SERVICES AGREEMENT WITH INDEPENDENT HEALTH’S PHARMACY BENEFIT DIMENSIONS, LLC Offered by: Personnel Committee RESOLVED: 1. That Administrative Services Agreement effective November 1, 2006, through December 31, 2007, and renewed on an annual basis thereafter on each January 1st beginning with January 1, 2008, with NOVA Healthcare Administrators, Inc., in relation to the administration of the County self-insurance medical plan is approved and ratified; the County Administrator being authorized to execute such Agreement. 52 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 2, That Pharmacy Benefit Management Services Agreement with Independent Health’s Pharmacy Benefit Dimensions, LLC, effective November 1, 2006 through October 31, 2009, to provide pharmacy benefit plan is approved and ratified; the County Administrator being authorized to execute such Agreement. Moved by: Mr. Hall Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent Comments made regarding Resolution No. 51-08: Mr. Kruger questioned if there was any discussion in Personnel Committee of shopping around for different insurance carriers or better prices. Mr. Margeson responded that the County contracted with North American Administrators/Meritain since 1992, until the change in 2006 to NOVA, which took place after shopping around. The Agreements approved in this resolution date back to 2006, but were not formally approved prior to this point due to working through contract language negotiations. Chairman Crandall noted that information is being gathered and shared with other counties to consider a regional approach for medical insurance. Mr. Kruger and Mr. Ungermann both commented that when the time comes, the County should do some shopping around. RESOLUTION NO. 52-08 APPROVAL OF AGREEMENT WITH APPROVED PROVIDERS OF PROGRAMS, SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES Offered by: Human Services Committee RESOLVED: 1. That Agreement titled "County of Allegany Contract for Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with CattaraugusAllegany Board of Cooperative Educational Services, for the period September 1, 2007 to August 31, 2008, is approved. 2. That the Chairman of this Board is authorized to execute such Agreements. Moved by: Mr. Truax Seconded by: Mr. Kruger Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The contract with Cattaraugus-Allegany BOCES approved in Resolution No. 52-08 is in addition to those approved for the same period by Resolution No. 257-07 on December 10, 2007.) RESOLUTION NO. 53-08 APPROVAL OF INTER-MUNICIPAL AGREEMENT WITH CATTARAUGUS COUNTY TO PROVIDE LEAD POISONING PREVENTION PROGRAM SERVICES Offered by: Human Services Committee RESOLVED: 1. That the Inter-Municipal Agreement between Allegany County and Cattaraugus County for the provision of Lead Poisoning Prevention Program and Comprehensive Elevated Blood Lead Investigation Services for the period January 1, 2008, through December 31, 2008, is approved. 53 BOARD OF LEGISLATORS SESSION MINUTES, MARCH 10, 2008 2. That the Chairman of this Board is authorized to execute such agreement. Moved by: Mr. Truax Seconded by: Mr. Kruger Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The Agreement approved by Resolution No. 53-08 involved provision of services in an amount not to exceed $3,000. Cattaraugus County will maintain insurance during the course of the agreement and will reimburse Allegany County as follows: hourly rate for Public Health Sanitarian at $26, equipment usage per completed assessment at $100, and mileage at $.505 per mile. There will be no affect on revenue at this time, dependent upon completion of tests, based on actual services.) RESOLUTION NO. 54-08 APPROVAL OF AGREEMENT BETWEEN COUNTY OF ALLEGANY AND ALLEGANY COUNTY FEDERATION OF SNOWMOBILERS, INC.; APPROPRIATION OF NON-BUDGETED STATE GRANT-IN-AID Offered by: Public Works and Ways and Means Committees RESOLVED: 1. That Agreement between the County of Allegany and Allegany County Federation of Snowmobilers, Inc., is approved. 2. That the Chairman of this Board is authorized to execute said Agreement. 3. That the sum of $80,475 in non-budgeted state grant-in-aid is appropriated to Account No. A7185.483, with a like sum credited to Revenue Account No. A10.3089.01. Moved by: Mr. Fanton Seconded by: Mr. Hall Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The Contract approved by Resolution No. 54-08 includes the County’s sponsorship for applications for snowmobile trail development and maintenance assistance grants through New York State Office of Parks, Recreation, and Historic Preservation. Our 2007-08 application was approved at $80,475. The County will operate as a pass-through to the Federation of Snowmobilers for the funds.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Reynolds, seconded by Legislator Truax and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $3,799,948.80, including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $1,687,270. Legislator Hopkins, Chairman of the Budget Committee, noted that Medicaid expenses represent 43 percent of the local tax burden.) ADJOURNMENT: The meeting was adjourned at 2:50 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried. -------- 54 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS REGULAR SESSION – MARCH 24, 2008 The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Reynolds. ROLL CALL: 14 Present; 1 Absent (Legislator Pullen). APPROVAL OF MINUTES: The Board meeting minutes of March 10, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried. PUBLIC HEARING: Chairman Crandall closed the regular meeting to hold a public hearing to consider the use of $50,000 from the County Road Repair Reserve to partially finance the cost of reconstructing Bridge No. 15-16 on the Farnsworth Road in the Town of Cuba. There being no one desiring to speak, the public hearing was declared closed and the board reconvened in regular session. PRIVILEGE OF THE FLOOR: Chairman Crandall took the floor to present a certificate to the April 2008 Employee of the Month, Deputy Sheriff Daniel Hanchett, of the Sheriff’s Office, in recognition of his actions during the November 19, 2007 armed robbery in Wellsville. Representatives from the following departments and agencies were present to answer questions regarding their 2007 Annual Reports: District Attorney, Board of Elections, Employment and Training, Public Defender, STOP DWI, Veterans’ Service Agency, Workers’ Compensation, and Youth Bureau. Chairman Crandall granted privilege of the floor to Judith Hopkins, Business Education Community Coalition (BECC) Coordinator; Dr. Byron Chandler, Wellsville Central School Superintendent; and Dean Giopulos, Wellsville High School Principal for a presentation on the 7th Annual Career Awareness Day. BECC develops programs to bring the business and education communities together, with the main focus on careers, especially those available locally. This year’s Career Awareness Day will be held in Wellsville on March 26. Approximately 63 businesses, agencies, colleges, and the military will be represented, and over 700 students from 12 schools throughout the County are expected to attend. The purpose is to help participants gain a better understanding of the qualifications and aspects of available jobs. PROCLAMATIONS: Chairman Crandall proclaimed March 26, 2008 as the 7th Annual Career Day in Allegany County, which promotes career opportunities to local youth and encourages them to gain meaningful employment and reside in Allegany County. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk for review were copies of the 2007 Annual Reports from the following departments or agencies: County Historian, Information Technology, Parks and Forests, Soil and Water Conservation District, and Weights and Measures. 55 BOARD OF LEGISLATORS SESSION MINUTES, MARCH 24, 2008 2. The County Treasurer filed the Allegany County Actuarial Valuation of Postretirement Health Care Benefits as of January 1, 2007 including Notes to Financial Statements as of December 31, 2007 in the Clerk of the Board’s Office on March 19, 2008. 3. Received in the Clerk of the Board’s Office was a copy of correspondence that Assemblyman Joseph Giglio sent to Governor Eliot Spitzer urging that $730,000 be released to serve as matching funds for FEMA grant funding to be used for the Genesee River Hazard Mitigation Project. 4. Correspondence was received from Assemblyman Daniel Burling acknowledging receipt and indicating his support of our recent Resolution No. 41-08 and Resolution No. 42-08 opposing state mandates and cost shifting. RESOLUTIONS: RESOLUTION NO. 55-08 CREATING AND ABOLISHING POSITIONS IN THE DEPARTMENT OF PUBLIC WORKS Offered by: Public Works Committee RESOLVED: 1. That one position of Heavy Motor Equipment Operator 1 is created and one position of Motor Equipment Operator/Welder is abolished in the Department of Public Works. 2. That two positions of Motor Equipment Operator 1 are created and 2 positions of Motor Equipment Operator are abolished in the Department of Public Works. 3. This resolution shall take effect on March 25, 2008. Moved by: Mr. Fanton Seconded by: Mr. O’Grady Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 56-08 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR STATE ASSISTANCE FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM AND AUTHORIZING SIGNING OF THE ASSOCIATED STATE CONTRACT UNDER THE APPROPRIATE LAWS OF NEW YORK STATE Offered by: Public Works Committee WHEREAS, the State of New York provides financial aid for household hazardous waste programs, 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 56 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLVED: 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 Board or his designee 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 the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs. 4. That five (5) Certified Copies of this Resolution be prepared and sent to the NYSDEC together with a complete application. 5. That this resolution shall take effect immediately. Moved by: Mr. Fanton Seconded by: Mr. Reynolds Adopted: Roll Call 13 Ayes, 1 No, 1 Absent RESOLUTION NO. 57-08 APPROPRIATION OF FUNDS FOR THE RECONSTRUCTION OF BRIDGE NO. 15-16 ON THE FARNSWORTH ROAD IN THE TOWN OF CUBA; TRANSFER OF FUNDS FROM COUNTY ROAD REPAIR RESERVE AND CONTINGENT ACCOUNT TO CAPITAL PROJECT ACCOUNT NO. H5802 Offered by: Public Works and Ways and Means Committees RESOLVED: 1. That the transfer of $50,000 from County Road Repair Reserve Account No. D882.0000 to Capital Project Account No. H5802, is approved. 2. That the transfer of $31,250 from Account No. A1990.429 (Contingent) to Capital Project Account No. H5802 (Bridge #15-16 BIN 2214570), Farnsworth Road, Town of Cuba, is approved. 3. That the following budget adjustments relating to the Capital Project for the reconstruction of Bridge #15-16, Farnsworth Road, Town of Cuba, are approved: H5802.200 H03.2300.5802 H12.5031.5802 Farnsworth Bridge #15-16, Cuba Town Revenue County’s Share (85%) $165,000 24,750 140,250 D09.2801.09 D12.5031.03 Revenue from Town Capital Interfund from General 28,000 (28,000) D9553.904 D5110.408 Interfund to Capital County Road – Supplies 13,000 (13,000) DM09.2801.09 DM12.5031.03 Revenue from Town Capital Interfund from General 18,000 (18,000) 57 BOARD OF LEGISLATORS SESSION MINUTES, MARCH 24, 2008 A9560.904 A9522.901 A9523.901 Interfund to Capital Interfund to County Road Interfund to Road Machinery Moved by: Mr. Fanton Seconded by: Mr. Truax 46,000 (28,000) (18,000) Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent Comments made regarding Resolution No. 57-08: Mr. McCormick agreed with the bridge repair, but wanted to emphasize what had to be done to find the funds. The County’s share of $140,000 is split between the $50,000 transfer from County Road Repair Reserve, the $30,000 transfer from Contingent, and transfers from several accounts within the department. The last item could cause him to argue that some of these accounts were overstated, or that as the year progresses they will be underfunded. Necessary bridge repair can take us by surprise sometimes, as this one did, but we need a better system of dealing with it in the future. Mr. Reynolds pointed out that what happens is that during budget time, we start cutting and quite often look to Public Works as a place to cut. Cutting back on the bridge program could put us in a difficult situation. RESOLUTION NO. 58-08 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT Offered by: Public Works and Ways and Means Committees RESOLVED: 1. That the sum of $22,000 is transferred from Account No. A1990.4 (Contingent) to an Account to be determined by the County Treasurer, to finance the cost of recycling construction and demolition debris. Moved by: Mr. Fanton Seconded by: Mr. Hall Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The transfer approved by Resolution No. 58-08 will fund recycling of construction and demolition debris at a cost of $30 per ton for a six-month trial basis with LaForge Disposal.) RESOLUTION NO. 59-08 APPROVAL OF INTERMUNICIPAL AGREEMENT BETWEEN MONROE COUNTY AND ALLEGANY COUNTY FOR FORENSIC PATHOLOGY SERVICES THROUGH THE MONROE COUNTY MEDICAL EXAMINER’S OFFICE Offered by: Human Services Committee Pursuant to County Law § 675 RESOLVED: 1. That Intermunicipal Agreement between Monroe County and Allegany County for forensic pathology services for the period of January 1, 2008, to December 31, 2010, is approved. 2. That the Chairman of this Board is authorized to execute said Agreement. Moved by: Mr. Truax Seconded by: Mr. Dibble Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent 58 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS (Memo: The agreement approved by Resolution No. 59-08 is for a three-year period and is a continuation of an existing agreement for the provision of forensic services. These services are primarily autopsy and post mortem toxicology, and are provided on an as-needed basis typically associated with unattended deaths. The proposed 2008 fee is $26,355, a three percent increase over 2007, with annual three percent increases for 2009 and 2010. Funds have been budgeted to cover this mandatory service.) Comments made regarding Resolution No. 59-08: Mr. O’Grady questioned if any other Medical Examiner’s office was considered. Mr. Truax noted that the County has contracted with Monroe County for quite a while, and they are large enough to handle our volume of cases. Chairman Crandall pointed out that there is not a large selection. Mr. Ungermann asked about the number of times we have used the service. Chairman Crandall responded that all cases requiring autopsies are taken there, and Mr. Margeson noted there were 39 cases in 2007. AUDITS: A motion was made by Legislator Truax, seconded by Legislator Dibble and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Hopkins and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $1,499,582.70 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $2,024,724.) COMMENTS: Mr. Kruger expressed his displeasure on not being contacted for a recent joint meeting of the Budget and Human Services Committees regarding a Health Department study. Chairman Crandall responded that committee meetings were not held; the contractor requested a meeting with a few key people to determine what information should be gathered and presented. Mr. Kruger referred to a recent letter sent to Fire Coordinator Paul Gallmann by Chairman Crandall regarding circumstances surrounding the tragic loss of Volunteer Firefighter Ron Thomas. The letter inferred Board members’ support by the use of Legislative Board letterhead and the use of the word “we” throughout the letter, although Board members did not have the opportunity to review the letter or include their comments. Mr. Kruger agreed with much of the letter, but disagreed wholeheartedly on some aspects. Chairman Crandall responded that his signature does represent the Board in many ways, and the letter was reviewed by the County Attorney and outside counsel prior to being sent. He would have a hard time constructing a letter with fifteen points of view included. The matter referred to in the letter is in litigation and out of our hands. Mr. Reynolds noted that Mr. Kruger’s comments about dissension were curious considering his recent revisions to a brochure that he distributed reflecting his opinions but still containing other legislators’ names. Mr. Kruger responded the brochure was his attempt at political satire, but the firefighters’ situation is a much different type of matter, as there are hard feelings involved. ADJOURNMENT: The meeting was adjourned at 2:35 p.m. on a motion made by Legislator Fanton, seconded by Legislator Truax and carried. -------- 59 BOARD OF LEGISLATORS SESSION MINUTES, APRIL 14, 2008 REGULAR SESSION – APRIL 14, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 14 Present; 1 Absent (Legislator Truax). APPROVAL OF MINUTES: The Board meeting minutes of March 24, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Hopkins and carried. The Committee of the Whole minutes of March 24, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Hopkins and carried. PUBLIC HEARING: Chairman Crandall closed the regular meeting to hold a public hearing on the submission of an application for a Small Cities Community Development Block Grant for replenishment of the County’s Revolving Loan Fund. (This public hearing was the second of two; the first one was held March 10.) There being no one desiring to speak, the public hearing was declared closed, and the Board reconvened in regular session. PRIVILEGE OF THE FLOOR: Representatives were present from the following departments or agencies to answer questions regarding their 2007 Annual Reports: County Historian, Information Technology, Parks and Forests, Soil and Water Conservation District, and Weights and Measures. Chairman Crandall granted privilege of the floor to the following: Crime Victims Coordinator Shannon Ozzella, Southern Tier Child Advocacy Center CEO Donna Kahm, and Joyce Louser from Senator Catharine Young’s Office addressed the Board concerning Crime Victims Awareness Month. Ms. Ozzella spoke on the need to seek justice for the victims of crime, numbering more than 23 million every year, the most vulnerable of which are the children. April is also National Child Abuse Prevention Month. Allegany County will hold its annual Crime Victims Ceremony on April 25 at Moonwinks in Cuba. Jean Fowler, author of the book “Peter’s Lullaby,” a story of abuse from a child’s perspective, will be the guest speaker. Legislators were invited to attend. Ms. Kahm presented information on the Child Advocacy Center located in Olean which serves Cattaraugus, Chautauqua, and Allegany Counties. The Center was developed through the coordinated efforts of several different service agencies and justice groups to allow children victimized by crime to be served in one location. Since October 1, 2007, the Center has dealt with 94 cases; 25 children were from Allegany County. They are currently waiting to hear if a second center can be established in Allegany County due to the much greater than anticipated need. Ms. Louser read a proclamation by Senator Catharine M. Young commemorating National Crime Victims’ Rights Week, April 13 to 19, 2008, which provides an opportunity for our State to recognize that all victims are afforded their legal rights and provided with assistance as they face the financial, physical, and psychological impacts of crime. 60 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Comprehensive Plan Committee Chairman Charles Jessup presented copies of the Allegany County Comprehensive Plan and gave a short recap of the process to provide the Legislative Board with the first County Comprehensive Plan. The Committee, established in May 2007, along with professional consultants, reviewed many plans, studies, and reports written in the past ten to fifteen years, conducted surveys, and held informational meetings in all five legislative districts seeking input. The Comprehensive Plan will never be considered “finished,” but is a work in progress with a process included for periodic review and updating. Mr. Jessup thanked all those involved with the process for their efforts and the hundreds of hours of their time. With this submission of the draft document, the process is entering the SEQRA approval step, with a resolution to be considered later in the meeting for lead agency status. Chairman Crandall applauded the Committee’s efforts, and commented that he was not sure the historical impact is fully realized. This is a first for the County and a very important step. In the past, the County has missed out on grant funding due to not having a Comprehensive Plan. John Foels, Development Director and IDA Executive Director; Dr. Shirley Mullen, Houghton College President and Houghton Foundation Chairman; Kimberley Toot, Office for the Aging Director; and Wallace Higgins, Allegany Senior Foundation Chairman, addressed the Board concerning proposed County leasing of space at the Crossroads Commerce and Conference Center. John Foels spoke on the vision for Allegany County’s development and gave a brief history of the Crossroads Commerce and Conference Center. After assessment of development delivery procedures in 2003 through 2004, it became apparent there was a need for a physical structure and a partnership with a team of related agencies. In 2004, the Industrial Development Agency approached the Legislature when the Houghton Academy South building became available, at which time the County entered into a lease agreement for location of the Offices of Development, Tourism, and Planning at the Crossroads Center. The IDA has responsibility for the property, but the Houghton Foundation still retains ownership. The building is now full, with the Offices of Development, Tourism, Planning, and IDA being joined by these other valuable partners: Empire State Development, Friendship Empire Zone, Jamestown Community College, ACCORD Business Center, County Chamber of Commerce, and the Allegany Area Foundation. The next phase will be to review the lease contract entered in 2004. Mr. Foels thanked the Houghton Foundation, as an important partner in this project. The Center has allowed them the opportunity for confidentiality with potential development, and conferences held there number in the thousands. Dr. Shirley Mullen presented the Crossroads Center situation from Houghton College’s standpoint. Since coming to the college two years ago, her determined focus has been on the educational mission of the college. This included rethinking the issues of the Houghton Foundation and getting out of property management. Once they determined to move out of the ownership of the Crossroads property, they wanted to do it in the most responsible way. Since the Industrial Development Agency had been leasing it, it was important to give them first privilege for an offer. In late fall, an opportunity was presented to work with Office for the Aging and a project for the benefit of senior citizens, and they considered selling at a lower price. If they are able to sell the property in a way that will benefit the County, it will fulfill their goals. Kimberley Toot gave information on services for seniors and the opportunities and challenges they face. In less than 20 years, the over-age-60 population will increase by 40 percent, and there will be fewer older people with family nearby to help. As boomers have defined the market place, they will also define how aging services look. Services will be based on strengths, health, and wellness. In order to meet the challenges, we must create partnerships with colleges, services, foundations, and faith-based centers, working together to help keep seniors in their communities. Services should be easily accessible, with the parking lot next to the front door, all on the ground floor, in one location, easy to find, enough 61 BOARD OF LEGISLATORS SESSION MINUTES, APRIL 14, 2008 room for group activities and space for confidential interviews, and on the bus route. At the direction of New York State, Office for the Aging has been working with Department of Social Services for a single point of entry for long term care. NY Connects kicked off in February and calls for the co–location of OFA, DSS, and Veterans’ Services. This co-location had to be postponed until the right space could be found. The Crossroads Center is ideal: it’s located mid-County, and it’s accessible, with enough land for future development. The partnership can make it happen. Wallace Higgins addressed the Board on the Allegany Senior Foundation, which was created four years ago to meet the unmet needs of our senior population. A change of venue is needed for the Office for the Aging due to increased personnel, lack of space, safety issues, and to address future growth and activities and future mandates. The senior population is growing at a rate that can’t be overlooked, and we need a safe haven for Office for the Aging and our seniors. Crossroads fulfills that need. A senior center will allow our senior citizens to congregate, be productive, and enjoy activities. The Houghton Foundation has made a generous offer. They are ready to help this dream come true and make Allegany County a leader in senior services. Allegany Senior Foundation is planning to expand its Board from eleven members to fourteen, and to create a separate corporation to raise funds for the next phase and beyond. Mr. Higgins presented the IDA with a donation from the Senior Foundation to be used for research and design of space at the Crossroads Center for the Office for the Aging and senior services. Legislation will be considered later in the meeting regarding the IDA leases. Although he doesn’t normally voice his opinions on upcoming legislation, Chairman Crandall stated that he feels strongly on these issues and all the efforts that have gone into them. No one group could have put this together, and we wouldn’t have been able to get to this point without Houghton College, Houghton Foundation, IDA, and the Senior Foundation and their interest and support of senior services. Chairman Crandall thanked those who gave presentations, and also recognized individuals attending in support from the Office for the Aging Citizens Advisory Board, the Senior Foundation, and others. (A handout entitled “Partners for a Dream” is attached to the original minutes.) ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the 2007 Annual Report of the County Treasurer of the monies received and disbursed by her in connection with the licensing of dogs and protection of domestic animals there from in accordance with Article 7 of the Agriculture and Markets Law. A motion was made by Legislator Hall, seconded by Legislator Pullen and carried to accept the report and direct the County Treasurer to refund the apportioned 75 percent of the surplus to the various towns. 2. Placed on each legislator’s desk for review were copies of the 2007 Annual Reports for the following departments and agencies: County Administrator, Development, Election Board (Addendum), Industrial Development Agency (IDA), Planning Board, Social Services, and Tourism. 3. Placed on each legislator’s desk were copies of the Reports of Tax Bill Corrections approved by the County Administrator in February and March 2008. 4. Also placed on each legislator’s desk were copies of the Reports of Intrafund Transfers approved by the County Administrator in February and March 2008. 5. The 2006 Journal of Proceedings books have been received and are available in the Clerk of the Board’s Office. 62 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 6. Notice was received for the next InterCounty Association meeting to be hosted by Orleans County on Friday, April 18, in Albion. 7. Southern Tier West Regional Planning and Development Board forwarded a news release and minutes from their March 20 meeting, as well as a notice of meeting for April 17. 8. Correspondence was received from Senator Catharine Young confirming receipt of Resolution No. 25-08 (Urging New York State to Establish Policies that will Assist in the Development of Oil and Gas Resources in the State). Senator Young indicated that she plans to introduce legislation easing the boundary requirements on shallow oil well drilling in New York State. 9. Correspondence was received from Beverly Grantier supporting the County’s proposed plan to lease space at Crossroads from the IDA and to have the IDA develop space for a senior services complex, including space for the Office for the Aging, NY Connects, Veterans’ Services, and wellness activities. 10. Correspondence was received from United Way EITC Coordinator Joyce Weimer requesting Allegany County Employers to help spread the word and raise awareness of Earned Income Tax Credit and financial literacy. 11. A notice was received of the 2008 Office for the Aging Senior Forum to be held at the Genesee Valley Central School in Belmont on April 18 from 8:30 a.m. to 2:00 p.m. 12. Correspondence was received from Preston Lucas supporting the Board’s consideration of moving the Office for the Aging to the Crossroads Center. Mr. Lucas suggested that the Board also consider moving the Motor Vehicles Division of the County Clerk’s Office to a more accessible area. RESOLUTIONS: RESOLUTION NO. 60-08 SALE OF TAX LANDS IN VILLAGE OF ANDOVER AND TOWN OF CLARKSVILLE Offered by: Ways and Means Committee WHEREAS, the Village of Andover, 4 Main Street, Andover, New York 14806 has agreed to Terms of Sale and offered the sum of $1.00 plus current years taxes for a deed of the County's interest in premises formerly assessed on the tax rolls to C & C International Serv and described as follows: ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Village of Andover, County of Allegany and State of New York, described as follows, viz: 71 East Greenwood St .25 Acre Tax Map No. 216.15-2-39, and WHEREAS, the Clarksville Volunteer Fire Company, Inc., (No Street or Number), P. O. Box 24, West Clarksville, New York 14786 has agreed to Terms of Sale and offered the sum of $1.00 for a deed of the County's interest in premises formerly assessed on the tax rolls to Doxey, Jack E and described as follows: ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Clarksville, County of Allegany and State of New York, described as follows, viz: Rt 305 .59 Acre Tax Map No. 232.6-1-49.2, and 63 BOARD OF LEGISLATORS SESSION MINUTES, APRIL 14, 2008 WHEREAS, the Ways and Means Committee believes that the Terms of Sale and the above sums offered are fair and reasonable and the best that can be obtained under the circumstances and that the sales will be advantageous to the County, now, therefore, be it RESOLVED: 1. That such agreed to Terms of Sale and monetary offers are accepted and the Chairman of this Board is authorized and directed to execute on behalf of the County of Allegany and to cause to deliver to such purchasers a quit claim deed of the County's interest in such premises, and to attach to such deeds the official seal; all upon satisfaction of the Terms of Sale and full payment to the County Treasurer of the monetary offers. Moved by: Mr. Reynolds Seconded by: Mr. Dibble Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent Comments made regarding Resolution No. 60-08: Mr. Pullen noted that it has been past practice of the Board to make tax foreclosure properties available for municipalities to access if they are interested. RESOLUTION NO. 61-08 A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2008 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. 64 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 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 Andover is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Austin, William R; Parcel 228.-1-21.116 Assessment: Land $61,600 Total $61,600 this parcel was given the wrong assessment and should have been charged a school relevy, and by reducing the Total Taxable Value to $38,400, and by correcting the County and Town taxes, as follows: Allegany County Town of Andover Fire School Relevy Total $ 613.66 405.48 34.81 778.24 $ 1,832.19 and the County Treasurer is directed to make the following credit and charges: Allegany County Town of Andover Fire School Relevy Total b. $ 370.75 244.98 21.03 (778.24) $ (141.48) Austin, Judith; Parcel 228.-1-21.111 Assessment: Land $61,600 Total $61,600 this parcel was given the wrong assessment and a school relevy, and by reducing the Total Taxable Value to $45,800, and by correcting the County and Town taxes, as follows: Allegany County Town of Andover Fire Total $ 731.91 483.62 41.52 $ 1,257.05 and the County Treasurer is directed to make the following credit and charges: Allegany County Town of Andover Fire School Relevy Total $ 252.50 166.84 14.32 2,066.35 $ 2,500.01 5. That the Tax Collector of the Town of Wellsville is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Baker, Michael; Parcel 239.14-1-19 Assessment: Land $7,800 Total $63,000 65 BOARD OF LEGISLATORS SESSION MINUTES, APRIL 14, 2008 this parcel was charged for a village relevy which had already been paid, and by correcting the County and Town taxes, as follows: Allegany County Town of Wellsville Total $ 950.46 257.72 $ 1,208.18 and the County Treasurer is directed to make the following charges: Village Relevy b. $ 1,428.04 Jones, Darren; Parcel 239.37-1-56 Assessment: Land $5,800 Total $110,000 a village relevy was added to this parcel by mistake, and by correcting the County and Town taxes, as follows: Allegany County Town of Wellsville School Relevy Total $ 1,659.54 449.98 2,810.70 $ 4,920.22 and the County Treasurer is directed to make the following charges: Village Relevy $ 1,026.83 6. That the Tax Collector of the Town of Wirt is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Dust Bowl Oil Co.; Parcel 188.-1-996 Assessment: Land $1,241 Total $1,241 this parcel should not have had an assessment because there was no oil production, and the County Treasurer is directed to make the following charges: Allegany County Town of Wirt Total $ $ 25.28 22.91 48.19 7. 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. 8. 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, 2008. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2008. Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent 66 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 62-08 ACCEPTANCE OF GRANT FUNDS FROM THE NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES FOR A 2007-2008 CENTRALIZED PROPERTY TAX ADMINISTRATION PROGRAM (CPTAP) STUDY OF A COUNTY-WIDE ASSESSING PROGRAM; APPROPRIATION OF GRANT FUNDS TO ASSESSMENTS CONTRACTUAL EXPENSES ACCOUNT Offered by: Ways and Means Committee RESOLVED: 1. That a grant in the amount of $25,000 from the New York State Office of Real Property Services is accepted. 2. That the accepted sum of $25,000 is appropriated to Account No. A1355.432 (Assessments – Contractual) with a like sum credited to Revenue Account No. A10.3089.1355 (Tax Assessment Grant). Moved by: Mr. Reynolds Seconded by: Mr. Dibble Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 63-08 ACCEPTANCE OF CHECKS FROM NEW YORK MUNICIPAL INSURANCE RECIPROCAL (NYMIR), STATE FARM FIRE AND CASUALTY COMPANY AND SELECTIVE WAY INSURANCE COMPANY FOR REIMBURSEMENT TO DAMAGED COUNTY VEHICLES; APPROPRIATION OF FUNDS Offered by: Ways and Means Committee RESOLVED: 1. That the sum of $1,500 from New York Municipal Insurance Reciprocal (NYMIR) representing a reimbursement of the deductible for damage to County vehicles on November 19, 2007, is accepted. The accepted sum is appropriated to the 2007 accounts receivable as follows: $1,000 to Account No. H380.2007 (H5997.200 – Vehicle Replacement, H07.2680.00 – Insurance Recovery) and $500 to Account No. CS380.2007 (CS1931.429 – Uninsured Property Loss, CS07.2680.00 – Insurance Recovery). 2. That the sum of $933.97 from State Farm Fire and Casualty Company representing the costs to repair a County 2005 Ford Focus, is accepted. The accepted sum is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680.00 (Insurance Recovery). 3. That the sum of $1,412 from Selective Way Insurance Company representing a reimbursement of expenses in the amount of $612 that the County paid to Brico Technologies for labor and travel fees associated with assessing and removing equipment from the two vehicles that were totaled during the November 19, 2007 police pursuit in Wellsville, and a settlement on the remaining $999 worth of equipment that was damaged and/or destroyed during the November 19, 2007 police pursuit in Wellsville, is accepted. The accepted sum of $1,412 is appropriated to the 2007 accounts receivable as follows: $612 to Account No. CS380.2007 (CS1931.429 – Uninsured Property Loss, CS07.2680.00 – Insurance Recovery) and $800 to Account No. H380.2007 (H5997.200 – Vehicle Replacement, H07.2680.00 – Insurance Recovery). 67 BOARD OF LEGISLATORS SESSION MINUTES, APRIL 14, 2008 Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: In Resolution No. 63-08, paragraphs 1 and 3 relate to two totaled vehicles and one repaired vehicle involved in the November 19, 2007 Wellsville police pursuit, and the settlement in paragraph 2 was for repair to our Health Department vehicle that was damaged on March 6 when State Farm’s insured backed into it.) RESOLUTION NO. 64-08 TRANSFER OF FUNDS WITHIN OFFICE FOR THE AGING OFA-SPOE PROGRAM ACCOUNT Offered by: Human Services Committee RESOLVED: 1. That the sum of $4,000 is transferred from Account No. A6787.101 (Regular Pay) to Account No. A6787.424 (Advertising). Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The transfer approved in Resolution No. 64-08 is for the NY Connects Single Point of Entry program.) RESOLUTION NO. 65-08 APPROVAL OF LEASE AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY FOR APPROXIMATELY 5,275 SQUARE FEET OF SPACE IN THE CROSSROADS COMMERCE CENTER LOCATED AT 6087 STATE ROUTE 19, BELMONT, NEW YORK Offered by: Ways and Means Committee RESOLVED: 1. That Lease Agreement between the County of Allegany and Allegany County Industrial Development Agency for space at the Crossroads Commerce Center, covering a five-year period commencing April 15, 2008, at a monthly rental fee of $4,833, is approved. 2. That the Chairman of this Board of Legislators is authorized to execute such Agreement. Moved by: Mr. Reynolds Seconded by: Mr. Pullen Adopted: Roll Call 11 Ayes, 3 Noes, 1 Absent Voting No: McCormick, O’Grady, Ungermann (Memo: The lease approved by Resolution No. 65-08 is for space currently used for Office of Development, Planning, and Tourism, along with accommodations for conferencing and storage/training facilities for the Office of Emergency Services provision of training classes for Emergency Medical Technicians.) Comments made regarding Resolution No. 65-08: Mr. O’Grady questioned the current Crossroads lease payments. County Administrator John Margeson responded that the 68 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS County currently pays $6,000 annually in lease payments for the Offices of Development, Planning, and Tourism. EMS training space lease payments bring the total close to $15,000. Since John Foels holds both positions of Development Director and IDA Executive Director, part of the space is occupied jointly by IDA and the County. The new lease agreement is for five years, with a 60-day escape for both parties. The $58,000 was not budgeted for, so it will come from the contingent account for 2008 and will be budgeted for under departmental budgets from then on. Mr. O’Grady expressed concern with the Courthouse addition and office space renovation projects and the resulting vacated spaces. There are a lot of unknowns, and he feels it’s premature to go into a five-year lease with anyone until we look at all the spaces we currently have and fill them all as well as we can. This lease will be $43,000 more annually than what is currently being paid. Mr. Ungermann commented that the Crossroads building was appraised at $750,000, assessed for $640,000, but the IDA’s purchase price was only $400,000. (The discrepancy was answered by the presentations during privilege of the floor.) Mr. Ungermann also noted other problems with the property such as poor driveway access, large cracks in the basement walls, the large wood-frame structure was cheaply and hastily erected, the roof has leaked, lack of air conditioning, the water filtration system for removal of iron and arsenic has to be continually maintained, private septic system, concrete slabs in front of doors are heaved and broken, and the IDA has admittedly put $125,000 into the building. These issues pertain to a building that is only nine years old. Mr. Ungermann questioned the IDA’s (Industrial Development Agency’s) leasing to the County, and stated he didn’t realize that County government was considered “industry.” A recent meeting between several government entities regarding the Genesee River encroachment problem on State Route 19 was held at the Crossroads building, and they were charged for the meeting room. Is renting to government agencies how the IDA is surviving? Is a public hearing supposed to be held before the IDA buys property? Mr. Ungermann felt the purpose of the IDA was to promote the development of tax-paying business and employment in the private sector, and they have helped with expansion of existing businesses, but for how long? Tracewell didn’t stay. There are four empty or partially empty buildings in Cuba and more space at the airport in Wellsville. Mr. Ungermann asked to see a listing of new businesses and jobs in the County. Mr. Pullen noted his involvement with these leasing issues as a member of the Office for the Aging Citizens Advisory Council, especially the second phase for development of space for Office for the Aging. The purpose of the IDA is not to provide space to County government, but to facilitate development of other agencies by providing space for Development, Empire Development Zone, and the other functions that have been housed there that have been key to developing businesses and bringing businesses in. This is possible because of the initiative taken by the Houghton Foundation and the Office of Development. Resolution No. 65-08 simply maintains the space the County has been using for approximately $300,000 over a five-year period. The County’s leasing of the facility will allow those other agencies to remain there, and in addition there is the bonus of the possibility of expansion. The check from the Senior Foundation will help to investigate the expansion for senior services. They have identified that this would work for them; they looked at numerous other locations, and none were as suitable or as reasonable. Mr. McCormick spoke on his interest in urban planning, and the Crossroads area doesn’t fit. Development areas should be established where development exists. Belmont is the County seat; people come here for services. He spoke with Raymond DeTine from the Belmont Betterment Association about the former school building, which is close to the other County offices. It’s nice property, maybe not adequate for core services for the County, but there would be all kinds of space for all the services talked about today. Mr. McCormick stated he’s for free market and what the market can bear. Let the market decide what the Crossroads property is worth. 69 BOARD OF LEGISLATORS SESSION MINUTES, APRIL 14, 2008 Mr. Hopkins commented that it is important to understand that the IDA has increased the number of jobs in the County, and gave the examples of the windfarm and Alstom. New York State is difficult. Right now, with all the agencies housed at the Crossroads Center, we have one-stop shopping for development. If we’re going to be competitive, we have to be the best. We can’t fragment those services. The future of the County is economic development, and we have to create jobs and increase the tax base. All this resolution is doing is keeping the current agencies right there and continuing to operate as we have been. Mr. Reynolds commented that several years ago, the County considered the purchase of the former Belmont school, and this current Board rejected it also, so it’s not pertinent to the discussion. Mr. Reynolds also noted that the IDA has been productive, and Houghton’s efforts can’t be discounted. We also can’t discount what the Office for the Aging and the seniors have asked for. RESOLUTION NO. 66-08 APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ALLEGANY AND THE ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY REGARDING A LEASE AGREEMENT FOR SPACE IN PROPERTY KNOWN AS THE CROSSROADS COMMERCE CENTER Offered by: Ways and Means Committee RESOLVED: 1. That the Memorandum of Understanding between the County of Allegany and the Allegany County Industrial Development Agency regarding a lease agreement for space in property known as the Crossroads Commerce Center located at 6087 State Route 19N, Suite 100, Belmont, New York is approved. 2. That upon the approval of this resolution by the Allegany County Board of Legislators, the Memorandum of Understanding shall be forwarded to the Court Facilities and County Space Needs Committee. 3. That the Chairman of this Board is authorized to execute the Memorandum of Understanding. Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Fanton 9 Ayes, 5 Noes, 1 Absent Voting No: Kruger, McCormick, O’Grady, Russo, Ungermann (Memo: Resolution No. 66-08 addresses the potential lease of additional office space to be developed by the IDA for Office for the Aging, Veterans’ Service Agency, and the New York Connects Single Point of Entry System.) Comments made regarding Resolution No. 66-08: Chairman Crandall clarified that the Memorandum of Understanding only commits the County to enter into an open agreement in which the IDA will come back with a proposal and a plan for Office for the Aging space needs on the Crossroads property. A subsequent resolution would be required for the actual lease. This only indicates our interest to explore. Mr. Kruger questioned if the land proposed for expansion is suitable. He noticed that the present building is not insulated properly, dormers are cut in for circulation but are in the wrong place, the roof ridge is not ventilated and the shingles have curled, the foundation is cracked, and the front patio concrete has heaved. The building has hydrology problems, and 70 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS a new building on the same property might have the same issues. We need to be careful and identify barriers such as septic system expansion costs, and not jump in just because we might miss this deal. Mr. Fanton questioned if this resolution will allow the investigation of expansion without any responsibility on the part of the Legislature, and Chairman Crandall stated that was correct, and any possible issues would be clarified. County Attorney Thomas Miner explained that the resolution puts the County in the position that if we like the proposal, development would be done to our specifications. The IDA will work on the expansion and lease it to the County for similar terms as the other lease. This resolution simply gives the County the right of first refusal and gets the IDA to work with us to develop the land, but doesn’t actually commit the County. Mr. Ungermann noted that the Office for the Aging, Veterans’ Services, and a portion of the Health Department all serve the elderly, and services should be set up as one-stop shopping. Recently, he and Public Works staff went to West Valley to look at steel buildings that needed to be moved. Estimates of approximately $175,000 prohibited moving them here. It was later discovered that for about the same price, plus foundation, a new steel building (60’ x 150’ or 9,000 sq. ft.) could be built. Three of those buildings as shell space would cost less than $600,000 for the same square footage as the $14 million Courthouse addition proposed for behind the present Courthouse. Mr. O’Grady had suggested building a pre-engineered steel building near the new County Jail and Public Safety Facility early in the Courthouse project discussions. Mr. Ungermann suggested building a senior center out there, which would keep it away from the Interstate and the resulting traffic snarl if development comes in, as it will. Mr. O’Grady sympathized with Office for the Aging conditions, but the Court Facilities and County Space Needs Committee hasn’t completed investigating what will be done with vacated spaces in the County Office Building following the Courthouse addition and renovations. In the terms of the Memorandum of Understanding being approved by Resolution No. 66-08, the County lease is to cover the costs to finance the building space, or in other words, the County will be financing what will be owned by someone else. Mr. O’Grady stated he would rather refer the matter to committee for review. Mr. Reynolds mentioned the other County offices still located off-site, and if they are brought back in, any open space resulting from the Court Facilities project will be used very quickly. Chairman Crandall clarified that if the resolution is approved, it will be forwarded on to the Court Facilities and County Space Needs Committee. Existing space needs are being looked at, and we are very short on required square footage for existing departments without bringing other departments in as well. Mr. Ungermann noted that pre-engineered steel buildings are very versatile and can be expanded, i.e. for records storage needs. He appreciates the concerns expressed in the letters from senior citizens promoting the senior center, but also remembers letters from large businesses paying taxes expressing concern about what their taxes will be. RESOLUTION NO. 67-08 AUTHORIZING AGREEMENT WITH THE ALLEGANY WESTERN STEUBEN RURAL HEALTH NETWORK FOR RETAINAGE OF A CONSULTANT TO PREPARE A HUMAN SERVICE TRANSPORTATION PLAN; ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS FROM THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION Offered by: Ways and Means Committee 71 BOARD OF LEGISLATORS SESSION MINUTES, APRIL 14, 2008 WHEREAS, the County of Allegany wishes to enter into an agreement with the Allegany Western Steuben Rural Health Network for the provision of services associated with the development of a Coordinated Human Service Transportation Plan, now, therefore, be it RESOLVED: 1. That an agreement between the Allegany Western Steuben Rural Health Network and the County of Allegany for the purpose of retaining an independent consultant for the preparation of a Human Service Transportation Plan, is approved. 2. That grant funds in the amount of $55,000 from the New York State Department of Transportation to assist in retaining an independent consultant are accepted and shall be appropriated to an Account designated by the County Treasurer. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: Burdick (Memo: Resolution No. 67-08 approves an agreement with the Allegany Western Steuben Rural Health Network who will retain a consultant by means of an RFP process. The consultant will evaluate the strengths and weaknesses of the current transportation services in the County, analyze current funding streams and ridership, and prepare recommendations for maximizing cost effective public and private transportation services.) Comments made regarding Resolution No. 67-08: Mr. O’Grady noted that the County has spent between $300,000 to $400,000 to maintain the bus system, and he questioned if we would be accepting the grant just to try to save an already sinking ship. Mr. Hall commented that this is part of the process to re-engineer the system so we don’t have to keep putting money into it. This Legislature will not continue to support this system, but needs to find a different way to provide the service. Chairman Crandall noted that periodic progress reports will be given; the agreement will not be open ended. This is one step to correct a bad financial situation. We will probably have an answer prior to budget time. When the system began, the County was only a passthrough, but that’s not the way it is today. Mr. Fanton stated he is not in favor of the way the bus transportation system is running and will support the studies, but he wants follow up. Six years ago, at the time of conception, we were told no tax money would be involved, but $320,000 has been spent in the last couple of years to keep it going. There is no incentive for the system to make money, and that has to change. Mr. Ungermann asked for total ridership figures. The only way for the system to survive is increased ridership and fees. He supported the study, but felt it could be a waste of time. Mr. Russo commented that a lot of the people who do use the transportation system are going to doctor visits and chemotherapy. We worked hard to get this program, and we have to work equally hard to keep it and track it. Resolution Intro. No. 69-08 (A Resolution Proposing Allegany County as Lead Agency for Purposes of the SEQR Review of the Allegany County Comprehensive Plan; Directing the Chairman to Notify Involved Agencies of Such Proposed Status; and Directing Preparation of the Requisite Environmental Assessment Form) was not pre-filed and was considered from 72 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS the floor on a motion made by Legislator Fanton, seconded by Legislator Reynolds and carried. RESOLUTION NO. 68-08 A RESOLUTION PROPOSING ALLEGANY COUNTY AS LEAD AGENCY FOR PURPOSES OF THE SEQR REVIEW OF THE ALLEGANY COUNTY COMPREHENSIVE PLAN; DIRECTING THE CHAIRMAN TO NOTIFY INVOLVED AGENCIES OF SUCH PROPOSED STATUS; AND DIRECTING PREPARATION OF THE REQUISITE ENVIRONMENTAL ASSESSMENT FORM Offered by: Public Works Committee WHEREAS, the draft of the proposed Allegany County Comprehensive Plan has been completed, and WHEREAS, under the State Environmental Quality Review Act various actions which may have a significant impact on the environment require a process of governmental review, and WHEREAS, pursuant to Part 617 of the regulations adopted under the State Environmental Quality Review Act, the adoption of a County Comprehensive Plan constitutes a Type I action requiring the preparation of a Full Environmental Assessment Form, and WHEREAS, in order to conduct the appropriate environmental review a Lead Agency must be established to coordinate the review process, and WHEREAS, as the project sponsor Allegany County appears best suited to undertake the role of Lead Agency, now, therefore, be it RESOLVED: 1. That Allegany County undertakes to act as Lead Agency for purposes of the environmental review of its County Comprehensive Plan. 2. That the Chairman of the Board of Legislators is authorized and directed to prepare the requisite Environmental Assessment Form and advise all involved agencies of the County’s desire to serve as Lead Agency for purposes of the environmental review process. Moved by: Mr. Fanton Seconded by: Mr. Hopkins Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent Resolution Intro. No. 70-08 (Resolution in Support of the Application of the Allegany County Department of Health for a Licensed Home Care Services Agency (LHCSA) Operating Certificate) was not pre-filed and was considered from the floor on a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried. RESOLUTION NO. 69-08 RESOLUTION IN SUPPORT OF THE APPLICATION OF THE ALLEGANY COUNTY DEPARTMENT OF HEALTH FOR A LICENSED HOME CARE SERVICES AGENCY (LHCSA) OPERATING CERTIFICATE Offered by: Human Services Committee 73 BOARD OF LEGISLATORS SESSION MINUTES, APRIL 14, 2008 WHEREAS, the Allegany County Department of Health is in the process of closing its Certified and Long Term Home Health Care programs, and WHEREAS, the Health Department needs to be able to continue home visits to perform various health related tasks such as Well Baby checkups, and WHEREAS, the Health Department, in conjunction with the Cattaraugus County Health Department, has applied for a Welcome Baby grant through the New York State Department of Health, and WHEREAS, a major component of the Welcome Baby program comprises prenatal and postpartum home visits, and WHEREAS, providing in home visits to address the health and welfare of our expectant mothers and babies is critical to assuring the well-being of these children and their future success as members of our society, and WHEREAS, the Health Department will be unable to undertake home visits and carry out this critical health care role without the appropriate legal authority authorizing the Department to provide such services, now therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators supports the application of the Allegany County Department of Health to receive a Licensed Home Care Services Agency (LHCSA) operating certificate. 2. That the Clerk of the Board is directed to provide a certified copy of this resolution to the Allegany County Department of Health and the New York State Department of Health. Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Reynolds 9 Ayes, 5 Noes, 1 Absent Voting No: Burdick, Kruger, McCormick, O’Grady, Ungermann Comments made regarding Resolution No. 69-08: Public Health Director Lori Ballengee explained that presently only one nurse does Well Baby visits on referrals for high-risk babies. A Welcome Baby grant that was applied for, which is due in July, requires working in conjunction with Cattaraugus County and saves two other nurse positions. That program will provide home visits for high-risk mothers prior to birth. Whereas now the nurse only sees high-risk babies, if the grant comes through, nurses will see mothers for education and services prior to birth. The grant would sustain the two additional positions. The Welcome Baby grant is for five years, and if we get it, we will probably keep it. The nurse positions will be eliminated if the grant ends. Mr. Ungermann questioned if anyone else could perform the visits. Ms. Ballengee responded that Willcare might do it, but she sees it as a public health function. Mr. O’Grady commented that if someone else can do the visits, he is inclined to consolidate all nursing services into one area. Mr. Fanton asked if the visits were made following doctor referrals, and Ms. Ballengee responded that was correct. Visits are made if the need is there and the money is there. AUDITS: A motion was made by Legislator Reynolds, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. 74 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS A motion was made by Legislator Reynolds, seconded by Legislator Hopkins and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $4,278,794.65 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $2,540,323.) ADJOURNMENT: The meeting was adjourned at 4:00 p.m. on a motion made by Legislator Kruger, seconded by Legislator Pullen and carried. -------- REGULAR SESSION – APRIL 28, 2008 The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. PRIVILEGE OF THE FLOOR: Chairman Crandall took the floor to present a certificate to the May 2008 Employee of the Month, Kimberly J. Francisco, from the Human Resources and Civil Service Department, in recognition of her hard work and dedication to the County. Chairman Crandall granted privilege of the floor to Lee Gridley, Allegany County Fair Board Secretary, who extended an invitation to the Fair Board Appreciation Dinner to be held on May 13, 2008, at the Fair Grounds, beginning at 6:00 p.m. RSVPs are due May 9. Representatives from the following agencies or departments were present to answer questions regarding their 2007 Annual Reports: County Administrator, Office of Development, Industrial Development Agency (IDA), Planning Board, Department of Social Services, and Tourism. Comments are summarized below: Mr. Ungermann asked Social Services Commissioner Patricia Schmelzer if staffing levels could be decreased since the total number of cases for all programs was down by 206, with 563 less individuals overall. Ms. Schmelzer responded that the department is already operating with one less employee, since an Examiner position was not filled in October. Where previously they had 22 Examiners, they now have 21. Chairman Crandall asked if the reduction in caseload was a trend. Ms. Schmelzer noted that numbers are always higher in winter with unemployment, and the government is still pushing for increased Medicaid numbers. Over the past five years, numbers have stayed pretty constant. Caseloads are continually monitored. Mr. Ungermann questioned Development Director John Foels on the total number of contacts by companies considering coming into the County. Mr. Foels responded that 141 individuals filed DBA paperwork to open new businesses, and there were four applications for IDA assistance (Noble Energy and others). On a daily basis, inquiries for assistance come in at a ratio of two from inside the County to one from outside the County. The office dealt with four or five outside entities interested in the Tracewell property. Mr. Ungermann asked if the Crossroads project maps and plans have been submitted yet. Mr. Foels reported that they 75 BOARD OF LEGISLATORS SESSION MINUTES, APRIL 28, 2008 have not. They are presently looking at the map, plan, and report from LaBella and looking at outside financing. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Board meeting minutes of April 14, 2008 for review. 2. Also placed on each legislator’s desk was a copy of a press release and information from the Soil and Water Conservation District regarding the Genesee River Hazard Mitigation Projects in Amity and Belfast, and the $750,000 in New York State matching funds spearheaded in Albany by Senator Catharine Young. 3. Correspondence was received from the New York State Office of Homeland Security updating the Board on the status of the federally mandated National Incident Management System (NIMS), and recognizing the efforts of John Tucker, Allegany County NIMS Point of Contact, in making this achievement possible. 4. Correspondence was received from the Town Board of Genesee opposing the adoption of a County Assessing System. 5. Correspondence was received from the Town of Ward acknowledging and concurring with Allegany County serving as lead agency in the required environmental review under the proposed County Comprehensive Plan. 6. Correspondence was received from Cattaraugus County Board Chairman Crystal Abers voicing their agreement that Allegany County should serve as lead agency for the SEQR process relative to the Comprehensive Plan. 7. A news release was received from Southern Tier West Regional Planning and Development Board highlighting their April 17 meeting. 8. An agenda and information were received regarding the Going Green Festival to be hosted by Alfred State College and sponsored by the ACCORD Corporation and WNY Energy $mart Communities on Friday and Saturday, May 2 through 3, from 9 a.m. to 3 p.m. at the Alfred State College School of Applied Technology Campus, 2530 South Brooklyn Avenue in Wellsville. 9. Announcement was made of public meetings scheduled to begin updates to Region 9’s portion of the Open Space Plan to be held on April 30 and May 1, from 7 to 8:30 p.m. at the Crossroads Commerce and Conference Center. 10. There will be a special Committee of the Whole meeting on Thursday, May 8, at 7 p.m. in the Legislative Board Chambers. 11. The annual Fair Board Appreciation Dinner will be held on Tuesday, May 13, at the Fair Grounds beginning at 6:00 p.m. All legislators and their guests are invited to attend. APPOINTMENTS: The Clerk of the Board announced that Chairman Curtis W. Crandall has appointed Valerie Perkins of Caneadea, New York, as a member of the ALLEGANY COUNTY PLANNING BOARD, to replace Richard Hollis for the remainder of his three-year term, effective immediately and expiring December 31, 2010. This appointment is subject to confirmation by the Board of Legislators. 76 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Chairman Crandall has reappointed Susan F. Myers of Friendship, New York, and Theodore L. Hopkins of Fillmore, New York, as members of the SOUTHERN TIER WEST REGIONAL PLANNING AND DEVELOPMENT BOARD for a three-year term commencing June 1, 2008 and expiring May 31, 2011. This appointment is subject to confirmation by the Board of Legislators. Chairman Crandall, in a joint measure with Crystal Abers, Chairman of the Cattaraugus County Board of Legislators, has appointed Brad Monroe to replace Jeff Grenzer for the remainder of his three-year term on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD which expires on December 31, 2009. Chairman Crandall, in a joint measure with Crystal Abers, Chairman of the Cattaraugus County Board of Legislators, has appointed the following to serve on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD YOUTH COUNCIL: Vicki Livermore of Cassadaga, New York, to replace Adam Dolce for the remainder of his two-year term, which expires December 31, 2008; and Amber Hollowell of Olean, New York, for a term expiring December 31, 2008; and Denise Beeles-Johnson of Jamestown, New York, to replace Heather Green for the remainder of her two-year term expiring December 31, 2009. PROCLAMATION: Chairman Curtis W. Crandall proclaimed the week of April 27 through May 3, 2008 as Volunteer Week in Allegany County and called upon all citizens to recognize and celebrate the important work that volunteers perform every day throughout our County. He encouraged citizens to explore ways to help their neighbors in need and serve a cause greater than self. RESOLUTIONS: RESOLUTION NO. 70-08 AMENDMENT OF RESOLUTION NO. 242-2007 TO DECREASE SALARY OF SECOND ASSISTANT COUNTY ATTORNEY Offered by: Personnel and Ways and Means Committees WHEREAS, salaries set forth in the annual salary resolution fixing the salaries of various titled employees relate to incumbents holding those positions, and WHEREAS, an incumbent's salary takes into consideration that individual’s years of experience as both an employee of Allegany County as well as other work experience, and WHEREAS, the County Attorney was previously authorized to offer a salary within a salary range to fill a vacant position in his office, and WHEREAS, the County Attorney is now prepared to fill a vacancy in the position of Second Assistant County Attorney, now, therefore, be it RESOLVED: 1. That Section 6. of Resolution No. 242-2007 is amended to change the salary of Second Assistant County Attorney from $57,778 to $54,000. 2. This resolution shall take effect April 28, 2008. Moved by: Mr. Hall Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent 77 BOARD OF LEGISLATORS SESSION MINUTES, APRIL 28, 2008 RESOLUTION NO. 71-08 A RESOLUTION INCREASING THE PAY RANGE OF PART-TIME CORRECTION OFFICERS HOURLY RATE Offered by: Personnel and Ways and Means Committees RESOLVED: 1. That the hourly rate of Part-Time Correction Officers is increased from $9 to $13 when hired, and upon completion of field training the hourly rate is increased to $15. 2. This resolution shall become effective April 29, 2008. Moved by: Mr. Hall Seconded by: Mr. McCormick Adopted: Roll Call 14 Ayes, 1 No, 0 Absent Voting No: Burdick RESOLUTION INTRO. NO. 73-08 (RESOLUTION ESTABLISHING SOLID WASTE USER FEES FOR YEAR 2009) WAS DEFEATED on a roll call vote of 4 Ayes, 11 Noes, 0 Absent. (Voting No: Benson, Burdick, Crandall, Dibble, Fanton, Hall, Hopkins, O’Grady, Pullen, Reynolds, Russo.) The resolution addressed landfill tipping fees and included an increase in those tipping fees from $35 to $40 per ton. Comments included: Mr. Ungermann noted that the increased fees will barely cover the increased cost of doing business. Mr. Russo commented that every time the County needs to increase revenue, it falls on the shoulders of the taxpayers in the form of increased property taxes or fees. He would rather see a reduction in the size of government or cutting services. Mr. Pullen pointed out that presently, user fees are not supporting the cost of the landfill, which he feels should be covered by user fees and not through the General Fund. Mr. Reynolds stated that we’ve been considering other options for several years. It’s time to look to the future and have the landfill be fully funded by its users. RESOLUTION NO. 72-08 RESOLUTION IN SUPPORT OF NEW YORK STATE PROPERTY TAXPAYERS PROTECTION ACT Offered by: Ways and Means Committee WHEREAS, the tremendously high property tax burden on New York families and businesses is the number one issue facing our community today, and the sheer cost of living in New York has forced many residents and businesses to leave, thus slowing the economic engine of the state, and WHEREAS, young people are finding it difficult to purchase homes, seniors are struggling to maintain their homes, and businesses are facing immense challenges to create and retain jobs, and WHEREAS, New Yorkers face the highest property taxes in the nation, and when measured as a percentage of home value, nine of the top 10 property tax rates in the entire 78 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS country belong to counties in New York; and the State must act now to thwart the detrimental effects that high property taxes are having on local governments, and WHEREAS, Assembly Minority Conference Members have introduced the "New York State Property Taxpayers Protection Act" (Assembly Bill 8775-A), which puts forth new and innovative ideas for property tax reform that limit the amount school districts can raise annually through local tax levies to four percent or the rate of inflation, whichever is less; in addition the Act would relieve municipalities and school districts of unfunded mandates, reduce county Medicaid costs, strengthen financial accountability over school tax dollars, promote local government efficiency, and encourage local option insurance pooling, and WHEREAS, the "New York State Property Taxpayers Protection Act" will help fix New York's broken property tax system, providing homeowners, businesses and municipalities significant and lasting relief from the crushing burden of skyrocketing property taxes, now, therefore, be it RESOLVED: 1. That this Board of Legislators pause in its deliberations to acknowledge New York State's property tax crisis and urge the immediate passage and chaptering of the "New York State Property Taxpayers Protection Act," which will help local governments reinvigorate New York's economy by providing incentives for people and businesses to move and stay here. 2. That the Clerk of this Board is directed to send a copy of this resolution to the Governor of the State of New York, the Temporary President of the New York State Senate, the Speaker of the New York State Assembly, Senator Catharine M. Young, and Assembly Members Joseph M. Giglio and Daniel J. Burling. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 73-08 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR A PUBLIC TRANSPORTATION OPERATING ASSISTANCE GRANT Offered by: Ways and Means Committee WHEREAS, the County of Allegany is submitting a request for a grant of funds to the New York State Department of Transportation, pursuant to Section 5311, Title 49 United States Code, for a project to provide public mass transportation service for Allegany County, with service extending to Bath and Olean by First Transit, Inc. for the 2007 and 2008 fiscal years, and WHEREAS, the County of Allegany and the State of New York have entered into a continuing agreement which authorizes the undertaking of the Project and payment of the Federal Share, now, therefore, be it RESOLVED: 1. That the Chairman of the Allegany County Board of Legislators is authorized to act on behalf of the County of Allegany to sign the application and progress and complete the above named project. 79 BOARD OF LEGISLATORS SESSION MINUTES, APRIL 28, 2008 Moved by: Mr. Reynolds Seconded by: Mr. Dibble Adopted: Roll Call 12 Ayes, 3 Noes, 0 Absent Voting No: Burdick, Fanton, O’Grady (Memo: Regarding Resolution No. 73-08, Federal Section 5311 Funds being applied for total $56,000 for 2007 and $58,800 for 2008.) Comments made regarding Resolution No. 73-08 included: Mr. O’Grady commented that the bus system extends to Olean, which promotes shopping outside of Allegany County, so he does not support the resolution. Mr. Russo stated that we need to do everything possible to keep the bus system running, although it needs to be improved. Many people rely on the buses to obtain necessary medical care. Mr. Pullen noted that the County can’t continue to underwrite the bus system at a cost of several hundred thousand dollars per year; it needs to be provided cost effectively. RESOLUTION NO. 74-08 REAPPROPRIATION OF UNEXPENDED 2007 CALENDAR YEAR FUNDS RECEIVED FROM THE GOVERNOR‘S TRAFFIC SAFETY PROGRAM STEPS IN SAFETY GRANT (YOUTH EDUCATION AND SAFETY PROGRAM) Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. That the Governor’s Traffic Safety Program STEPS in Safety Grant funds in the amount of $1,638 not expended in calendar year 2007 are reappropriated to Account No. A3114.4 (Traffic Program – Contractual) with a like sum credited to Revenue Account No. A10.3389.3114 (State Aid – STOP DWI – STEPS in Safety). Moved by: Mr. Dibble Seconded by: Mr. Hopkins Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: Regarding Resolution No. 74-08, the original grant of $4,700 was accepted by Resolution No. 220-06, and was used for a Bicycle Safety Program.) RESOLUTION NO. 75-08 REAPPROPRIATION OF 2007 CALENDAR YEAR HOMELAND SECURITY PROGRAM GRANT FUNDS FROM THE STATE OF NEW YORK Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. That Homeland Security Grant funds in the amount of $24,800 not expended in calendar year 2007 are appropriated to Account No. A3645.217 (Homeland Security – Equipment) with a like sum credited to Revenue Account No. A10.3306.SHF7 (Homeland Security – Sheriff). Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent 80 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS (Memo: Regarding Resolution No. 75-08, the original grant was accepted by Resolution No. 83-07, for $24,800, Contract No. C838262, for period 07/01/06-06/30/08. Sheriff Tompkins noted that the funds would be used for communication system enhancement.) RESOLUTION NO. 76-08 TRANSFER OF FUNDS WITHIN EMERGENCY SERVICES ACCOUNTS Offered by: Public Safety Committee RESOLVED: 1. That the sum of $2,700 is transferred from Account No. A3640.207 (Emergency Services) to Account No. A3640.414 (Rent – Real Property), to pay rent expenses for EMS Training Classes in the Crossroads Commerce and Conference Center. Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: Regarding Resolution No. 76-08, funds being transferred are part of a one-time grant from the State Legislative Branch to be used as needed. The referenced EMS rent expenses are for March and April 2008.) RESOLUTION NO. 77-08 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO JAIL CONTRACTUAL EXPENSES ACCOUNT Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. That the sum of $26,000 is transferred from Account No. A1990.4 (Contingent) to Account No. A3150.408 (Jail – Contractual Expenses). Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The transfer approved by Resolution No. 77-08 was needed to cover the higher than anticipated cost of general supplies related to the increased jail population. Expenses for this account in 2005, 2006, and 2007 were $6,960, $14,670, and $31,845 respectively. First quarter 2008 expenses totaled $21,379.80 including approximately $7,000 for inmate clothing, and it is anticipated that the $26,000 transferred from contingent will cover remaining 2008 expenses. Actions are being taken to lower costs, such as the purchase of sewing machines to allow working inmates to mend inmate clothing items, and the identification of new suppliers.) RESOLUTION NO. 78-08 APPROVAL OF SOUTHERN TIER TASK FORCE DRUG ENFORCEMENT PROGRAM AGREEMENT WITH CHAUTAUQUA COUNTY; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT; SHERIFF TO ADMINISTER AGREEMENT Offered by: Public Safety Committee 81 BOARD OF LEGISLATORS SESSION MINUTES, APRIL 28, 2008 RESOLVED: 1. That Agreement entitled "Southern Tier Task Force Drug Enforcement Program," with the County of Chautauqua, New York, is approved. 2. That the Chairman of this Board is authorized to execute such Agreement. 3. That the Allegany County Sheriff shall be responsible for the administration of the Agreement as to Allegany County's interest. Moved by: Mr. Dibble Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The agreement approved by Resolution No. 78-08 was for the period of 04/01/0703/31/09.) Comments made regarding Resolution No. 78-08: Sheriff Tompkins noted that the benefits of participation in the drug enforcement programs are the combined efforts toward drug enforcement in the three-county area. Cash and property forfeitures are only a by-product. A portion of personnel costs is reimbursed, and he believes our participation is beneficial. Mr. Reynolds stated that he was not convinced the program is cost-effective, and asked that the County consider having its own task force. It might be more productive for Allegany County to work solely within our own County. Sheriff Tompkins responded that they are looking into that. RESOLUTION NO. 79-08 APPROVAL OF AGREEMENT BETWEEN COUNTY OF CHAUTAUQUA, COUNTY OF ALLEGANY, COUNTY OF CATTARAUGUS, CITY OF OLEAN AND CITY OF SALAMANCA FOR SOUTHERN TIER DRUG ENFORCEMENT PROGRAM; AUTHORIZING CHAIRMAN TO EXECUTE CONTRACT; SHERIFF TO ADMINISTER CONTRACT Offered by: Public Safety Committee RESOLVED: 1. That "Contract between County of Chautauqua, County of Allegany, County of Cattaraugus, City of Olean, and City of Salamanca for Southern Tier Drug Enforcement Program," is approved. 2. That the Chairman of this Board is authorized to execute such Contract. 3. That the Allegany County Sheriff shall be responsible for the administration of the Contract as to Allegany County's interest. Moved by: Mr. Dibble Seconded by: Mr. Truax Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The agreement approved by Resolution No. 79-08 was for the period of 04/01/0703/31/09.) 82 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 80-08 APPROVAL OF AGREEMENT WITH NEW YORK STATE OFFICE OF HOMELAND SECURITY; ACCEPTANCE AND APPROPRIATION OF HOMELAND SECURITY GRANT FUNDING FOR (PROJECT NO. WM07838272); RATIFYING BOARD CHAIRMAN'S SIGNATURE Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. That agreement with the New York State Office of Homeland Security and funding in the amount of $46,700 to establish and enhance regional response teams (Project No. WM07838272) is approved. 2. That the sum of $46,700 is appropriated to Account No. A3645.217 (Homeland Security – Equipment) with a like sum credited to Revenue Account No. A10.3306.SHF7 (Homeland Security – Sheriff). 3. That the signature by the Chairman of this Board is ratified. Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent Comments made regarding Resolution No. 80-08 (Contract No. T838272 for period 07/01/0706/20/10): Sheriff Tompkins explained that a good portion of the grant funds will be utilized to address some of our communication system problems. RESOLUTION NO. 81-08 APPROVAL OF CONTRACT BETWEEN NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES' OFFICE OF NUTRITIONAL SERVICES AND ALLEGANY COUNTY Offered by: Public Safety Committee RESOLVED: 1. That the Contract for the sale of food products between the New York State Department of Correctional Services' Office of Nutritional Services and the County for period commencing May 1, 2008 to April 30, 2011, is approved. 2. That the Allegany County Sheriff is authorized to execute said Contract. Moved by: Mr. Dibble Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent Comments made regarding Resolution No. 81-08: Sheriff Tompkins noted that there should be a savings of at least 50 percent in food costs, although he hasn’t seen the final numbers. AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. 83 BOARD OF LEGISLATORS SESSION MINUTES, MAY 12, 2008 A motion was made by Legislator Reynolds, seconded by Legislator Truax and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $1,554,759.73, including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $2,887,195.) ADJOURNMENT: The meeting was adjourned following a motion made by Legislator Truax, seconded by Legislator Reynolds and carried. -------- REGULAR SESSION – MAY 12, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. APPROVAL OF MINUTES: The Board meeting minutes of April 14, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried. The Board meeting minutes of April 28, 2008 were approved on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried. PRIVILEGE OF THE FLOOR: Chairman Crandall granted privilege of the floor to Kimberley Toot, Office for the Aging Director, regarding Older Americans Month. Older Americans constitute one of our largest resources, logging many hours of volunteer community and civic services. Volunteer income tax assistants helped to file over 700 tax returns, bringing more than $212,000 back into Allegany County’s economy, volunteer drivers provided 694 rides to doctor appointments and grocery shopping, and ombudsmen visited all four nursing facilities and the larger adult care homes. Today’s older citizens are among the most active and engaged older adult populations in our Nation’s history. We have the responsibility to ensure their well-being by modernizing systems of care and providing consumers with more control over their lives. Through working together for a strong, active, supportive community, we can help our older citizens obtain: programs to reduce risk of disease, disability, and injury; tools to make informed decisions about, and gain better access to, existing health and long-term care options; and more options to avoid placement in nursing homes and remain at home as long as possible. Find ways to enrich the lives of our older citizens by volunteering to deliver meals, visiting someone who is lonely, leading an exercise class, serving on a committee, and by working together to improve their health and well-being. Chairman Crandall granted privilege of the floor to Sally Dougherty, Counseling Center Program Director, regarding Mental Health Month. National Mental Health Month was established over 50 years ago to raise awareness of the recognition and treatment of mental illness. Mental illness is a disease that causes changes in thinking, behavior, and feelings. It can strike anyone; fifty-four million Americans are affected. More than six million young people may suffer from mental health disorders that disrupt their functioning in the community. Today most can function with treatment, and the vast majority are not violent. 84 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Seventy-five percent of doctor visits are for stress-related illnesses. Mental health and wellbeing are equally as important as physical health. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Report of Tax Bill Corrections approved by the County Administrator for the month of April 2008. 2. Also placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of April 2008. 3. Correspondence was received from the Town of Alma acknowledging and concurring with Allegany County serving as lead agency in the required environmental review under the proposed County Comprehensive Plan. 4. County Attorney Thomas A. Miner filed a Designation of Succession to Office of Allegany County Attorney in the Clerk of the Board’s Office on April 29, 2008. Appointed were: Leslie J. Haggstrom, First Assistant County Attorney; Carissa M. Healy, Second Assistant County Attorney; and Nora Carnes, Third Assistant County Attorney. 5. The last InterCounty Association meeting was hosted by Erie County at the Buffalo Marriott Niagara in Amherst on May 9. 6. Correspondence was received from Dennis J. Norton responding on behalf of Governor David Paterson regarding a letter we recently sent summarizing some of the impact of the proposed 2008-09 State Budget actions on Allegany County. 7. Southern Tier West Regional Planning and Development Board forwarded copies of their April 17 minutes, as well as a meeting notice for their May 16 meeting. 8. Correspondence was received from Assemblyman Joseph Giglio acknowledging receipt of our Resolution No. 72-08 supporting passage of the New York State Property Taxpayers Protection Act. 9. Correspondence was received from Assemblyman Daniel Burling acknowledging receipt of our Resolution No. 72-08 supporting passage of the New York State Property Taxpayers Protection Act. Assemblyman Burling is a cosponsor of this legislation. 10. Chairman Crandall signed a letter and certificate congratulating Bertha Muench on her retirement and recognizing her 16 years of service as a Luncheon Center Manager for Allegany County. 11. The next Fire Advisory Board meeting will be held on Thursday, May 22, at 8 p.m. in Room 122 at the Allegany County Jail and Public Safety Facility. 12. An invitation was received for the Legislative Intern Session on Monday, May 19, from 11 a.m. to 12:00 p.m. in the Legislative Chambers. PROCLAMATIONS: Chairman Crandall proclaimed May 2008 as Older Americans Month in Allegany County and urged all citizens to work collaboratively to strengthen the services Allegany County provides to its older adults in ways that recognize the changing nature of their needs, and that provide older adults with more opportunities to make informed choices about their 85 BOARD OF LEGISLATORS SESSION MINUTES, MAY 12, 2008 lives. Our efforts can improve the lives of our older citizens and help pave the way for future generations. Chairman Crandall proclaimed May 2008 as Mental Health Month in Allegany County in recognition of the mental health care given by all mental health care providers in the County. RESOLUTIONS: RESOLUTION INTRO. NO. 84-08 (MEMORIALIZING STATE LEGISLATURE TO CAUSE CORRIDOR STUDIES TO BE DONE OF THE EXTENSION SOUTHERLY OF STATE ROUTE 408 AND THE EXTENSION EASTERLY OF STATE ROUTE 243) was DEFEATED on a roll call vote of 7 Ayes, 8 Noes, 0 Absent. Voting No: Burdick, Kruger, McCormick, O’Grady, Reynolds, Russo, Truax, Ungermann. Comments included: Mr. McCormick, Mr. Reynolds, and Mr. Ungermann noted that these extensions have been discussed before, and they’d rather see the state study the corridor between Elm Valley and Alfred, County Road 12, the highest traveled road in the County with all the student, employee, trade, and service people traffic to the two colleges. They don’t believe we should ask the state again to study these extensions. RESOLUTION NO. 82-08 APPOINTMENT OF ONE NEW MEMBER TO THE ALLEGANY COUNTY PLANNING BOARD Offered by: Ways and Means Committee RESOLVED: 1. That Valerie Perkins of Caneadea, New York is appointed as a member of the Allegany County Planning Board to fill the remainder of Richard Hollis's three-year term commencing April 28, 2008 and expiring December 31, 2010. Moved by: Mr. Reynolds Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent A motion was made by Legislator Reynolds, seconded by Legislator Kruger and carried, to grant Legislator Hopkins permission to abstain from voting on Resolution Intro. No. 86-08 (Approval of Board Chairman’s Reappointment of Two Members to Southern Tier West Regional Planning and Development Board). RESOLUTION NO. 83-08 APPROVAL OF BOARD CHAIRMAN’S REAPPOINTMENT OF TWO MEMBERS TO SOUTHERN TIER WEST REGIONAL PLANNING AND DEVELOPMENT BOARD Offered by: Ways and Means Committee Pursuant to Resolution No. 35-68, as amended by Resolution No. 93-75 RESOLVED: 1. That the reappointments by the Chairman of this Board of Susan F. Myers of Friendship, New York and Theodore L. Hopkins of Fillmore, New York as members of the 86 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Southern Tier West Regional Planning and Development Board, with term of office commencing June 1, 2008 and expiring May 31, 2011 are approved. Moved by: Mr. Reynolds Seconded by: Mr. O’Grady Adopted: Roll Call 14 Ayes, 0 Noes, 0 Absent Abstaining: Hopkins RESOLUTION NO. 84-08 SALE OF TAX LAND IN VILLAGE OF ALFRED Offered by: Ways and Means Committee WHEREAS, the Village of Alfred, has agreed to Term of Sale and offered the sum of $1.00 plus current year taxes for a deed of the County's interest in premises formerly assessed on the tax rolls to J.L.H.C. Inc. and described as follows: ALL THAT LOT, PIECE OR PARCEL OF LAND situate in Village of Alfred, County of Allegany and State of New York, described as follows, viz: 61 South Main Street 1.20 Acres Tax Map No. 164.11-1-53, and WHEREAS, the Ways and Means Committee believes that the Term of Sale and the above sum offered is fair and reasonable and the best that can be obtained under the circumstances and that the said sale will be advantageous to the County, now, therefore, be it RESOLVED: 1. That such agreed to Term of Sale and monetary offer is accepted and the Chairman of this Board is authorized and directed to execute on behalf of the County of Allegany and to cause to deliver to such purchaser a quit claim deed of the County's interest in such premise, and to attach to such deed the official seal; all upon satisfaction of the Terms of Sale and full payment to the County Treasurer of the monetary offer. Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent Comments made regarding Resolution No. 84-08: Mr. Hall noted that the property was an old fraternity house which was sold at one time, but the buyers lacked the resources to restore it. Because the 21st Century Group in Alfred has taken an interest and can raise funds, along with college resources and students to work on it, the Village can restore the property and eliminate an eyesore. The property has been offered at tax sale in the past. RESOLUTION NO. 85-08 ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS Offered by: Ways and Means Committee WHEREAS, a check in the amount of $212.60, representing the full cost to replace a cracked windshield on a County vehicle has been offered by NYMIR in settlement for such property damage, now, therefore, be it 87 BOARD OF LEGISLATORS SESSION MINUTES, MAY 12, 2008 RESOLVED: 1. That an insurance payment in the amount of $212.60 from NYMIR representing the full cost of replacing a cracked windshield on a County vehicle is accepted. 2. That the sum of $212.60 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680 (Risk Retention – Insurance Recovery). Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The insurance settlement accepted by Resolution No. 85-08 was for a windshield in a Community Services 2004 Chevy Venture damaged by unknown causes on April 2, 2008.) RESOLUTION NO. 86-08 ACCEPTANCE OF NON-BUDGETED NEW YORK STATE DEPARTMENT OF HEALTH GRANT FOR FAMILY PLANNING/REPRODUCTIVE HEALTH PROGRAM; APPROPRIATION OF SAME TO FAMILY PLANNING ACCOUNTS Offered by: Human Services and Ways and Means Committees RESOLVED: 1. That a non-budgeted New York State Department of Health Reproductive Health Services Grant-in-aid in the amount of $56,865 is accepted. 2. That the sum of $56,865 is appropriated to Account No. A4035.4 (Family Planning Clinic – Contractual) with a like sum credited to Revenue Account No. A10.3450.00 (Family Planning Grant Program). Moved by: Mr. Truax Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Kruger and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $3,128,556.51 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $3,234,067.) COMMENTS: Mr. Ungermann read aloud a letter received from CBRE, CB Richard Ellis, of Buffalo, who represents the owners of a parcel of land at the Crossroads Site to market the property for commercial development (copies distributed to each legislator and also attached to original minutes). The letter points to the desirability of the parcel for development, but also notes that the lack of sewer and water infrastructure is rendering the property unmarketable. Extension of sewer and water to the property would be an investment in the County’s growth, resulting in job creation, increased real estate tax base, increased sales tax revenue, residential housing growth, etc. The writers note that a commitment from the County to 88 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS extend the necessary infrastructure to the location within a reasonable period of time would greatly assist them in their efforts to attract quality users to the Crossroads. Signatories are Robert Roller, Partner CBRE-Buffalo, Joseph Strzelec, Principal, and Charles Bares, Principal. Mr. Ungermann commented that it is important to move things along, sooner rather than later, to avoid missing an opportunity to increase our tax base and sales tax revenue. He also made note of the vacant County Planner position, which is one of the things mentioned in the Comprehensive Plan that the County should have. Mr. Reynolds thanked the Veterans’ Service Agency and everyone else involved in bringing the Vietnam Veterans’ Memorial Moving Wall to Allegany County. Mr. Pullen made note of a report entitled “21st Century Local Government, Report of the New York State Commission on Local Government Efficiency and Competitiveness,” available on-line or from Albany, which addresses issues like inefficiencies. There are excellent ideas included, which, if implemented at all levels, would be extremely helpful and could save money. Mr. Pullen requested that the Board consider supporting NYSAC (New York State Association of Counties) in opposition to legislation that would establish a moratorium on retiree health insurance changes. Mr. Pullen also noted a Department of Environmental Conservation proposed rule change to eliminate open burning. This change would impact people in rural areas who currently use burn barrels and burn brush piles. Although open burning is presently prohibited in cities, villages, or towns with populations of 20,000 or more, this change will ban open burning statewide. There are seven public hearings scheduled, with only one in Western New York (Batavia). A request should be made for a hearing in the Southern Tier region. Mr. Ungermann thanked the representatives from the various firefighter groups that attended the Committee of the Whole meeting on May 8 to voice their concerns. It was a fruitful meeting. ADJOURNMENT: The meeting was adjourned at 2:40 p.m. on a motion made by Legislator Truax, seconded by Legislator Dibble and carried. -------- REGULAR SESSION – MAY 27, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 14 Present; 1 Absent (Legislator O’Grady). APPROVAL OF MINUTES: The Committee of the Whole meeting minutes of May 8, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried. The Board meeting minutes of May 12, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Pullen and carried. 89 BOARD OF LEGISLATORS SESSION MINUTES, MAY 27, 2008 PRIVILEGE OF THE FLOOR: Chairman Crandall granted privilege of the floor to Sheriff William R. Tompkins, accompanied by Jail Administrator Chris Ivers, Correction Officer Kevin Morseman, and Deputy Sheriff James Richardson, for a short presentation on the Working Inmate Program. Mr. Ivers narrated a slide show highlighting the traditional programs such as laundry, cleaning, and road clean-up, as well as the newly instituted programs including the vegetable garden, inmate clothing mending, and pheasant raising. These programs help to reduce costs in the facility, and positive outcomes for the inmates include reduced recidivism, encouragement for better decision-making, positive interaction, a sense of accomplishment, and increased chances for employment after release. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Correspondence was received from the Town of Wellsville acknowledging and concurring with Allegany County serving as lead agency in the required environmental review for the proposed County Comprehensive Plan. 2. Correspondence was received from Senator Catharine Young regarding the status of the WAG Trail. The NYS DEC has taken the steps necessary to formally request more time to review it in order that no grants will be lost. 3. Correspondence was received from Senator Catharine Young informing us that $2 million has been restored to the budget for the BRIDGE Program at Jamestown Community College. This program serves Social Services recipients and unemployed or underemployed residents, enabling them to gain the education and skills necessary to succeed. 4. A news release was received from Southern Tier West Regional Planning and Development Board highlighting their May 16 meeting. APPOINTMENT: The Clerk of the Board announced that Chairman Crandall has appointed Christine Johnson of Angelica, NY, as a member of the MERCY FLIGHT CIVIC ADVISORY COMMITTEE, effective immediately to serve at his pleasure. PROCLAMATION: Chairman Curtis W. Crandall proclaimed May 28, 2008 as National Senior Health and Fitness Day in Allegany County, and urged all citizens to support the efforts of local organizations that encourage older adults to enhance their lives through physical activity. RESOLUTIONS: RESOLUTION NO. 87-08 RESOLUTION REQUESTING NEW YORK STATE TO ENACT LEGISLATION PROHIBITING TEXT MESSAGING WHILE DRIVING Offered by: Public Safety Committee WHEREAS, Section 1225-c of the Vehicle and Traffic Law of the State of New York provides that no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion, and 90 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS WHEREAS, the Allegany County Sheriff has reported that text messaging while operating a motor vehicle on a public highway may have been a causal factor of a motor vehicle accident occurring in June 2007, in the Town of East Bloomfield that resulted in the death of five teenagers, and WHEREAS, there have been instances throughout the State of New York where operators of motor vehicles are text messaging while driving and cause an accident, and WHEREAS, operating a motor vehicle on a public highway requires the full attention and focus of the driver and texting while driving distracts drivers from this obligation, and WHEREAS, the Allegany County Board of Legislators feels that the State Legislature should adopt an amendment to the Vehicle and Traffic Law to prohibit operators of motor vehicles from text messaging while they are driving, and WHEREAS, bills have been proposed in the State Assembly and Senate to prohibit operators of motor vehicles from using a mobile telephone for writing, sending, or reading a text message while such vehicle is in motion, and WHEREAS, the Allegany County Board of Legislators feels that this proposed legislation is desirable to avoid any further accidents, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators hereby requests the State Senate, Assembly, and Governor to enact legislation to prohibit text messaging while operating a motor vehicle. 2. That the Clerk of this Board is directed to send a copy of this resolution to Governor David A. Paterson, Senator Michael E. Nozzolio, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, and the New York State Sheriffs' Association, and that a response be requested from each elected official. Moved by: Mr. Dibble Seconded by: Mr. Truax Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 88-08 AMENDMENT OF RESOLUTION NO. 242-2007 TO INCREASE SALARY OF THIRD ASSISTANT COUNTY ATTORNEY Offered by: Personnel and Ways and Means Committees RESOLVED: 1. That Section 6. of Resolution No. 242-2007 is amended to change the salary of Third Assistant County Attorney from $46,395 to $53,000. 2. This resolution shall take effect May 28, 2008. Moved by: Mr. Hall Seconded by: Mr. Reynolds Adopted: Roll Call 12 Ayes, 2 Noes, 1 Absent Voting No: Kruger, Ungermann Comments made regarding Resolution No. 88-08: Mr. Kruger felt that requested salary increases should be dealt with one time per year during the budget process. Mr. Reynolds 91 BOARD OF LEGISLATORS SESSION MINUTES, MAY 27, 2008 noted that this was a unique situation involving reworking the department, and it was handled in a way that saved dollars. RESOLUTION NO. 89-08 A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2005 THROUGH 2008 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 Alma is ordered and directed to correct in the 2006 through 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Paonessa, Louis J.; Parcel 288.-1-8.2 Assessment: Land $10,000 Total $10,000 this parcel was deleted from the Tax Roll, and the County Treasurer is directed to make the following refund: 92 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 2005-06 School 2006 2006-07 School $146.69 170.71 15.93 2007 2007-08 School $148.19 181.72 16.04 2008 Allegany County Town of Alma Fire School Library $150.55 176.39 16.03 $220.23 3.15 $224.31 3.10 $228.79 3.05 Total $223.38 $333.33 $227.41 $345.95 $231.84 $342.97 5. That the Tax Collector of the Town of Wirt is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Forestlands, Inc. Parcel 234.-1-8 Assessment: Land $18,300 Total $18,300 this parcel was split and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: Allegany County Town Fire School Relevy Total $372.80 337.85 46.57 431.75 $1,188.97 6. 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. 7. 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, 2009. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2009. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 90-08 ACCEPTANCE OF MEMBER INITIATIVE FUNDING FROM STATE SENATOR CATHARINE YOUNG FOR PURCHASE OF 911 SOFTWARE EQUIPMENT FOR SHERIFF'S OFFICE; APPROPRIATION OF FUNDING TO COMMUNITY ENHANCEMENT ASSISTANCE PROGRAM ACCOUNT Offered by: Public Safety and Ways and Means Committees 93 BOARD OF LEGISLATORS SESSION MINUTES, MAY 27, 2008 RESOLVED: 1. That the sum of $20,000 of member initiative funding from State Senator Catharine Young to the Allegany County Sheriff's Office for the purchase of 911 software equipment is accepted. 2. That the accepted sum of $20,000 is appropriated to Account No. A3115.203 (Community Enhancement Assistance Program – Equipment) with a like sum credited to Revenue Account No. A10.3389.3115 (State Aid – Community Enhancement Asst.) Moved by: Mr. Dibble Seconded by: Mr. Hopkins Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 91-08 ACCEPTANCE AND APPROPRIATION OF FUNDING INCREASING THE SFY 08-09 CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS) Offered by: Public Works and Ways and Means Committees RESOLVED: 1. That the sum of $248,950.84 increasing the SFY 08-09 Consolidated Highway Improvement Program (CHIPS) is accepted and appropriated to Account No. D5112.223 (County Road CHIPS Paving) with a like sum credited to Revenue Account No. D10.3501.00 (State Aid – CHIPS). Moved by: Mr. Fanton Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 92-08 TRANSFER OF FUNDS WITHIN OFA – WEATHERIZATION ACCOUNT Offered by: Human Services Committee RESOLVED: 1. That the sum of $576 is transferred from Account No. A6784.402 (Mileage) to Account No. A6784.806 (Hosp/Med). Moved by: Mr. Truax Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 93-08 APPROVAL OF LEASE OF LANDS TO JOHN FRANCISCO TO BE USED FOR AGRICULTURAL PURPOSES ONLY Offered by: Ways and Means Committee WHEREAS, the County desires to lease County land for agricultural purposes only, now, therefore, be it 94 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLVED: 1. That the Lease of County Land between the County of Allegany and John Francisco for approximately 17 acres of land south of the Allegany County Jail and Public Safety Facility on State Route 19, and for approximately 34 acres of land in the Town of Friendship, is approved. 2. That the Chairman of this Board is authorized to execute said Leases. Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The term of the leases approved in Resolution No. 93-08 is May 27, 2008 through December 31, 2008.) RESOLUTION NO. 94-08 APPROVAL OF AGREEMENT FOR HAULING AND RECYCLING OF CONSTRUCTION AND DEMOLITION DEBRIS BETWEEN COUNTY OF ALLEGANY AND LAFORGE DISPOSAL SERVICE, INC. Offered by: Public Works Committee RESOLVED: 1. That Agreement for Hauling and Recycling of Construction and Demolition Debris between County of Allegany and LaForge Disposal Service, Inc. commencing May 27, 2008 and expiring November 27, 2008, is approved. 2. That the Chairman of this Board is authorized to execute such contract. Moved by: Mr. Fanton Seconded by: Mr. Russo Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 95-08 APPROVAL OF AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR CAPITAL FUNDS FOR PROJECT WITH THE COUNTY REGIONAL TRANSPORTATION SYSTEM AND PROVIDING FOR LOCAL SHARE OF PROJECT Offered by: Ways and Means Committee WHEREAS, Allegany County has been approved for a grant of funds by the New York State Department of Transportation, pursuant to Section 5311, Title 49, United States Code, for a project described as purchase of one bus, two shelters and related equipment for support of its regional transit system, and WHEREAS, Allegany County and the State of New York are entering into an Agreement which authorizes the undertaking of the Project and payment of the Federal and State Shares for the project, now, therefore, be it RESOLVED: 1. sign: That the Chairman of the Allegany County Board of Legislators is authorized to 95 BOARD OF LEGISLATORS SESSION MINUTES, MAY 27, 2008 a. Any and all Agreements between Allegany County and the State of New York for the above named Project. b. Any and all Agreements between Allegany County and any third party subcontractors necessary to complete the Project. c. Any and all Agreements between Allegany County and any vendor for the purchase and/or installation of vehicles and/or equipment or facilities. 2. That Allegany County certifies through this resolution that the estimated local share of $7,000 is committed to this Project from an account to be determined by the County Treasurer. Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: Fanton (Memo: Resolution No. 95-08 approved an agreement between the County and the New York State Department of Transportation for receipt of a federal USDOT Section 5311 Capital Program Grant in the amount of $70,000 to be utilized for the purchase of one public passenger bus and two shelters which will be erected at locations yet to be determined along the route of the Allegany County Transit system. The $7,000 local share match will be provided by First Transit, Inc.) RESOLUTION NO. 96-08 APPROVAL OF SNOW REMOVAL AND ICE CONTROL AMENDMENT CONTRACT WITH THE TOWN OF ALMA Offered by: Public Works Committee WHEREAS, this Board by Resolution No. 156-07 approved Snow Removal and Ice Control Contracts between the County of Allegany and various Towns in the County for a term of three years beginning with the 2007-2008 snow season and ending May 15, 2010, and WHEREAS, since the approval and execution of the Snow Removal and Ice Control Contracts the County Roads to be serviced by the Town of Alma has been amended to reflect the accurate miles to be serviced by each Town, now, therefore, be it RESOLVED: 1. That Snow Removal and Ice Control Amendment Contract for the Town of Alma reflecting the accurate miles to be serviced by each town for snow season beginning 20082009 is approved. 2. That the Chairman of this Board is authorized to execute such Amendment Contract with the Town of Alma which executed the Snow Removal and Ice Control Contract for the snow seasons beginning with 2008-2009 and ending May 15, 2010. 3. That an executed duplicate original of each such Amendment Contract shall be filed in the office of the Clerk of this Board along with a certified copy of each such Town Board's resolution approving such Amendment Contract. 96 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 4. That the Clerk of this Board is directed to send a certified copy of this resolution to each of the Town Clerks of such Towns for filing in his or her office. Moved by: Mr. Fanton Seconded by: Mr. Reynolds Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: Resolution No. 96-08 revised the number of miles of County Roads included under the Town of Alma’s Snow and Ice Contract. The Town of Bolivar will maintain the .54 mile portion of County Road 18 from County Road 33 to the Pennsylvania state line previously serviced by the Town of Alma.) RESOLUTION NO. 97-08 RESOLUTION APPROVING SNOW REMOVAL AND ICE CONTROL CONTRACT BETWEEN COUNTY OF ALLEGANY AND THE TOWN OF BOLIVAR Offered by: Public Works Committee Pursuant to Highway Law § 135-a WHEREAS, the Public Works Committee and the County Superintendent of Public Works have recommended to this Board that they approve of the proposed contract between the County of Allegany and the Town of Bolivar in Allegany County for the removal of snow from County Roads and for sanding or otherwise treating them for the purpose of removing the danger of snow and ice, now, therefore, be it RESOLVED: 1. That Snow Removal and Ice Control Contract between the County of Allegany and the Town of Bolivar in Allegany County for a term covering two (2) seasons beginning with the 2008-2009 snow season and ending with the 2009-2010 snow season, is approved. 2. That an executed duplicate original of each such Contract shall be filed in the office of the Clerk of this Board along with a certified copy of each such Town Board’s resolution approving such Contract. 3. That the Clerk of this Board is directed to send a certified copy of this resolution to each of the Town Clerks of such Towns for filing in his or her office. Moved by: Mr. Fanton Seconded by: Mr. Dibble Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: Resolution No. 97-08 approved the addition of the Town of Bolivar for the Snow and Ice Contract beginning with the 2008-09 snow season and ending May 15, 2010. Bolivar was one of four towns that did not sign the original contract approved by Resolution No. 156-07. The remaining three are Alfred, Birdsall, and Clarksville.) Resolution Intro. No. 101-08 (Approval and Ratification of Agreement between the County of Allegany and Western Region Health Corporation for Professional Services) was not pre-filed and was considered from the floor on a motion made by Legislator Truax, seconded by Legislator Dibble and carried. 97 BOARD OF LEGISLATORS SESSION MINUTES, MAY 27, 2008 RESOLUTION NO. 98-08 APPROVAL AND RATIFICATION OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND WESTERN REGION HEALTH CORPORATION FOR PROFESSIONAL SERVICES Offered by: Human Services Committee RESOLVED: 1. That the Agreement between the County of Allegany and Western Region Health Corporation for the provision of professional services is hereby ratified and approved. 2. That the Chairman's prior execution of said agreement is hereby ratified. Moved by: Mr. Truax Seconded by: Mr. Dibble Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: Kruger (Memo: The agreement approved by Resolution No. 98-08 provides for services in connection with the operation of the County’s Certified Home Health Care Agency.) Resolution Intro. No. 102-08 (Approval and Ratification of Agreement between the County of Allegany and Western Region Health Corporation for the Sale of Assets) was not pre-filed and was considered from the floor on a motion made by Legislator Truax, seconded by Legislator Dibble and carried. RESOLUTION NO. 99-08 APPROVAL AND RATIFICATION OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND WESTERN REGION HEALTH CORPORATION FOR THE SALE OF ASSETS Offered by: Human Services Committee RESOLVED: 1. That the Agreement between the County of Allegany and Western Region Health Corporation for the sale of assets is hereby ratified and approved. 2. That the Chairman's prior execution of said agreement is hereby ratified. Moved by: Mr. Truax Seconded by: Mr. Dibble Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: Kruger (Memo: The agreement approved by Resolution No. 99-08 provides for sale of assets in connection with the County’s Certified Home Health Care Agency and Long Term Home Health Care Program.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Dibble and carried, that the audits be acted upon collectively and by totals. 98 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS A motion was made by Legislator Truax, seconded by Legislator Pullen and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $1,763,908.14 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $3,580,939.) COMMENTS: Legislator Russo announced that the Nitros Collegiate Baseball Team will be starting its tenth year with the opening game on June 7, in Scio at 7 p.m. The League is a non-profit organization financed by the National Baseball Association. College students on the team meet with local elementary schools and conduct baseball clinics. The program also helps to stimulate the area’s economy. ADJOURNMENT: The meeting was adjourned at 2:43 p.m. following a motion made by Legislator Truax, seconded by Legislator Reynolds and carried. -------- REGULAR SESSION - JUNE 9, 2008 The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. APPROVAL OF MINUTES: The Board meeting minutes of May 27, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried. The Committee of the Whole meeting minutes of May 27, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Hopkins and carried. PRIVILEGE OF THE FLOOR: Chairman Crandall took the floor for the presentation of a Certificate of Appreciation to County Treasurer Terri Ross in recognition of 25 years of service to Allegany County. Ms. Ross began her employment in the County Treasurer’s Office in June 1983, was appointed Deputy County Treasurer in August 1983, and was first elected as County Treasurer in 2002. Chairman Crandall granted privilege of the floor to the following: Brooke Austin, Allegany County Dairy Princess for 2008-09, highlighted her family’s dairy farm history and some of her own experiences in the 4-H program. Ms. Austin invited everyone to partake of the milk punch and goodies in the foyer in recognition of Dairy Month. Tim Bigham, Field Advisor for New York Farm Bureau, addressed the Board regarding Dairy Month and some of the concerns facing farmers. Some issues he mentioned were: sky-rocketing fuel prices greatly increasing farm input costs; proposed legislation amending the state labor law for farm laborers that would be severely detrimental to farmers; 99 BOARD OF LEGISLATORS SESSION MINUTES, JUNE 9, 2008 the illegal immigrants issue and trying to find a workable solution to ensure farm workers are legal; increased unfunded state mandates and additional state regulations in areas such as open burning (which will add expense for farmers and homeowners and will also regulate outdoor wood boilers), and new dam regulations, including farm ponds; capping property taxes; educating farmers on opportunities for leasing of farm land; increased commodity prices and the cheaper U.S. dollar; increased use of grain products for ethanol; new farming ventures like alpacas which have increased the use and value of land; logging industry affected by weight restrictions and lack of maintenance on local roads. Mr. Bigham recognized that there have been many things the Legislature has done to help agriculture and others they could do. Chairman Crandall noted that a public hearing regarding the DEC’s rule change on open burning is scheduled in Allegany County on August 7. Mr. Ungermann commented on the posting of weight limits on roads. It’s necessary during the spring thaw, but some municipalities are leaving signs up all year, and that’s a problem. We can’t limit commerce. Chris Rainwater, General Manager of the Bolivar Athletes in Action (AIA) Collegiate Baseball team, spoke on this “baseball in ministry” program where participants gain quality baseball experience and are challenged spiritually. This year there are four AIA baseball teams; the other three are in Alaska, the Great Lakes, and Nicaragua. Lee Gridley, representing the Allegany County Agricultural Society, presented the 2008 Allegany County Fair Books. The Allegany County Fair is a “pay one price” fair, except for Friday night’s entertainment. This year’s Fair dates are July 14-19, and Friday night’s entertainment, for one show only, will be Kellie Pickler, Country Music singer and song writer. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for the month of May 2008. 2. Also placed on each legislator’s desk was a copy of the Report of Tax Bill Corrections approved by the County Administrator for the month of May 2008. 3. Noted received were Southern Tier West Regional Planning and Development Board’s Meeting Minutes of May 16 and their Meeting Notice for June 26, 2008. 4. Notice was received of the next InterCounty Association meeting to be hosted by Livingston County in Mt. Morris on June 20, 2008. 5. The New York State Department of Environmental Conservation has agreed to honor Allegany County’s request to hold a public hearing on their proposal to eliminate open burning. The public hearing is scheduled for Thursday, August 7, from 5 to 8 p.m. in the Legislative Board Chambers. 6. Correspondence was received from Assemblyman Daniel Burling acknowledging receipt and support of Resolution No. 87-08 requesting New York State to enact legislation prohibiting text messaging while driving. 100 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS PROCLAMATION: Chairman Curtis W. Crandall proclaimed June as Dairy Month in Allegany County in recognition of dairy farming as the predominate form of agriculture in our County which has provided employment, picturesque scenery for tourism, significant habitat for wildlife, promotion of a hard work ethic, and continuation of a solid citizenry. RESOLUTIONS: RESOLUTION NO. 100-08 DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT WITH RESPECT TO THE ADOPTION OF THE ALLEGANY COUNTY COMPREHENSIVE PLAN Offered by: Ways and Means Committee WHEREAS, Allegany County previously declared its intent to act as Lead Agency for purposes of the SEQRA environmental review of its proposed County Comprehensive Plan and provided the required notice to involved agencies who might wish to be heard on the question of Lead Agency status or assume the role of Lead Agency, and WHEREAS, more than thirty days have elapsed since providing such notice of Lead Agency status and no party having objected to Allegany County acting as Lead Agency, and WHEREAS, the Allegany County Board of Legislators, acting as Lead Agency, met at a Committee of the Whole meeting on May 27, 2008 and undertook an environmental review of the County Comprehensive Plan, and WHEREAS, following a review of a Full Environmental Assessment Form and discussion of the potential environmental significance of the County Comprehensive Plan, it was determined that the County Comprehensive Plan would not have a significant environmental impact, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators hereby finds that the County Comprehensive Plan will not have a significant environmental impact and determines that a Negative Declaration shall be issued and authorizes the Chairman to prepare and sign the Negative Declaration. 2. That the Clerk of the Board of Legislators is directed to send a copy of the Negative Declaration to all towns and villages within Allegany County, all local and regional planning boards, all involved agencies, and appropriate state agencies. 3. That the Clerk of the Board of Legislators is directed to cause the Notice of the Negative Declaration to be published in the Environmental Notice Bulletin (ENB). Moved by: Mr. Reynolds Seconded by: Mr. Truax Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 101-08 RESOLUTION SETTING DATE OF PUBLIC HEARING RELATIVE TO THE ALLEGANY COUNTY COMPREHENSIVE PLAN Offered by: Ways and Means Committee 101 BOARD OF LEGISLATORS SESSION MINUTES, JUNE 9, 2008 WHEREAS, Allegany County has completed its environmental review of the Allegany County Comprehensive Plan, and WHEREAS, the Allegany County Comprehensive Plan has been distributed to all County and regional planning boards, planning boards of each municipality, legislators, mayors, and supervisors for review, and WHEREAS, it will be necessary to set a date for public hearing on said Allegany County Comprehensive Plan, now, therefore, be it RESOLVED: 1. That a public hearing shall be held on June 23, 2008 at 2:00 p.m. in the County Legislators’ Chambers, Room 221, County Office Building, Belmont, New York, before the Allegany County Board of Legislators, in relation to the Allegany County Comprehensive Plan. 2. That the Clerk of the Board of Legislators is directed to prepare, with the assistance of the County Attorney, a notice of said public hearing, to cause the publication of a copy of said notice in each of the two newspapers which have been officially designated by this Board to publish “notices,” and to affix a copy of said notice on the County bulletin board in the County Courthouse at Belmont, New York; both publication and posting to be made at least five days before the public hearing. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Voice Vote RESOLUTION NO. 102-08 RESOLUTION IN SUPPORT OF THE NEW YORK STATE ASSOCIATION OF COUNTIES MEMORANDUM IN OPPOSITION TO PROPOSED LEGISLATION ESTABLISHING A TASKFORCE ON RETIREE HEALTH INSURANCE PROTECTION Offered by: Ways and Means Committee WHEREAS, the Allegany County Board of Legislators has been made aware of proposed legislation before the New York State Legislature denominated Bill Number S.6457A, A.9393-A, which deals with issues concerning health insurance for retired public employees, and WHEREAS, the Allegany County Board of Legislators is also aware of the Memorandum in Opposition, heretofore sent to the full Senate and full Assembly, prepared by the New York State Association of Counties, NYSAC, setting forth the reasons why NYSAC opposes adoption of the proposed legislation, and WHEREAS, the Allegany County Board of Legislators strongly supports the position taken by NYSAC in opposition to this legislation, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators hereby urges the New York State Legislature not to pass the proposed legislation denominated as Bill Number S.6547-A, A.9393-A. 102 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 2. That Allegany County opposes any moratorium that would limit the County’s existing authority to make changes to retiree health benefits. 3. That certified copies of this resolution shall be forwarded to Senator Catharine M. Young, members of the Assembly Daniel J. Burling and Joseph M. Giglio, Majority and Minority Leaders of the New York State Assembly and Senate, and the New York State Association of Counties. Moved by: Mr. Reynolds Seconded by: Mr. Pullen Adopted: Roll Call 12 Ayes, 3 Noes, 0 Absent Voting No: Kruger, McCormick, O’Grady Comments made regarding Resolution 102-08: Mr. Kruger stated that he did not support the resolution, as he has no problem with retirees having some type of health insurance protection. The legislation that this resolution opposes does not restrict the County from saving money on health insurance costs, but the intent of this resolution is to allow changing the deal made for retirees before they left. Mr. Pullen responded that the state legislation would lock in whatever has been done in the past regarding health insurance, and the counties would not be able to investigate options that might save taxpayers money, even if those options are similar to what retirees currently receive. RESOLUTION NO. 103-08 RESOLUTION OPPOSING A PROPOSAL FROM DEC FOR A RULE CHANGE TO ELIMINATE OPEN BURNING Offered by: Ways and Means Committee WHEREAS, the New York State Department of Environmental Conservation (DEC) is proposing a rule change to extend a ban on open burning by making it applicable statewide, and WHEREAS, currently the rule on open burning of residential waste only applies in a city, village or town with a population of 20,000 or more, and WHEREAS, the proposed rule change would apply to all Allegany County residents, and WHEREAS, the Allegany County Board of Legislators believes that there are already adequate laws and regulations in place to protect the environment and health of the residents of Allegany County, and WHEREAS, the rule change proposed by DEC would seriously impact the rights of Allegany County residents to manage their property in a safe and efficient manner with little or no added benefit to the general population, and WHEREAS, DEC has failed to adequately consider the needs and concerns of the residents of Allegany County in proposing this rule change, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators hereby opposes any rule change that would make the ban on open burning a statewide ban. 103 BOARD OF LEGISLATORS SESSION MINUTES, JUNE 9, 2008 2. That the Allegany County Board of Legislators strongly urges DEC to schedule a public hearing within Allegany County to solicit local input on this proposed rule change prior to taking further action to implement the change. 3. That certified copies of this resolution shall be forwarded to Governor David A. Paterson, DEC Commissioner Pete Grannis, Senator Catharine M. Young, members of the Assembly Daniel J. Burling and Joseph M. Giglio, and to Robert Stanton at NYSDEC, Division of Air Resources. Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 104-08 APPROVAL OF APPORTIONMENT OF MORTGAGE TAX TO TAX DISTRICTS AND AUTHORIZING WARRANT THEREFOR Offered by: Ways and Means Committee Pursuant to Tax Law § 261 (3) RESOLVED: 1. That the Semi-Annual Report for the period October 1, 2007, through March 31, 2008, relating to Mortgage Tax Receipts and Disbursements, and the proposed distribution of such mortgage tax receipts therein, is approved. 2. That the Clerk of this Board is authorized and directed to execute a warrant of this Board to the County Treasurer directing her to distribute to the several tax districts in the County their respective share of such mortgage tax. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 105-08 AUTHORIZING PAYMENT TO TOWNS AND VILLAGES FROM ADDITIONAL MORTGAGE TAX FEE RETAINAGE BY COUNTY CLERK; APPROPRIATING FUNDS THEREFOR Offered by: Ways and Means Committee WHEREAS, by Resolution No. 214-2004 the County Clerk was authorized pursuant to Section 262 of the Tax Law to request and receive reimbursement from the State of New York for all of his necessary expenses incurred in the administration of the Mortgage Tax Program on behalf of the State of New York, and WHEREAS, it was the intent of this Board in adopting such resolution that the Towns and Villages of the County would not suffer any adverse financial consequences as a result of any increased retained expense reimbursement to the County Clerk, and WHEREAS, the County Clerk has received reimbursement of his necessary expenses incurred in the administration of the Mortgage Tax Program, and 104 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS WHEREAS, this Board wishes to appropriate part of such reimbursement of necessary expenses received by the County Clerk for the administration of the Mortgage Tax Program to the Towns and Villages of the County, now, therefore, be it RESOLVED: 1. The amount of $25,359.75 is appropriated from Account No. A1410.432 (County Clerk – Contractual) and shall be distributed to the Towns and Villages of the County as follows: TOWNS AMOUNT RETAINED BY COUNTY CLERK’S OFFICE FOR MORTGAGE REBATE AMT TAX FEE TO TOWN Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar 1,029.98 321.47 268.01 1,069.14 922.16 560.56 439.16 877.27 34.95 1,337.81 825.82 321.47 268.01 982.77 771.09 457.10 360.15 877.27 34.95 1,052.07 Burns Caneadea Centerville Clarksville Cuba Friendship Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt 343.46 1,820.57 180.87 684.43 2,409.65 378.17 864.35 151.68 418.72 3,379.32 497.75 320.97 1,378.81 464.39 179.95 3,380.68 771.04 503.63 370.80 297.06 1,820.57 180.87 684.43 2,015.83 378.17 864.35 151.68 418.72 3,379.32 497.75 320.97 1,378.81 464.39 179.95 2,455.24 771.04 503.63 344.08 25,359.75 23,057.55 TOTALS REBATE AMT TO VILLAGE VILLAGES 204.16 Alfred 86.37 151.07 103.46 79.01 Almond Belmont Andover Angelica 265.68 Bolivar 20.07 Richburg 46.40 Canaseraga 393.82 Cuba 925.44 Wellsville 26.72 Richburg 2,302.20 105 BOARD OF LEGISLATORS SESSION MINUTES, JUNE 9, 2008 2. The Chairman of this Board, Allegany County Clerk, and Allegany County Treasurer are authorized to execute any and all vouchers, warrants, and other necessary documents of every nature and kind in order to effect the purpose of this resolution. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 106-08 A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2005 THROUGH 2008 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 Belfast is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Incognito, David & Cynthia; Parcel 118.-1-8.2 Assessment: Land $161,600 Total $161,600 106 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS by reducing the Taxable Value from $161,600 to $131,000, and by correcting the taxes, as follows: Allegany County Belfast Town Tax Fire Total $2,622.58 1,735.91 150.83 $4,509.32 and the County Treasurer is directed to make the following refund: Allegany County Belfast Town Tax Fire Total $612.60 405.49 35.23 $1,053.32 5. That the Tax Collector of the Town of Independence is ordered and directed to correct in the 2005 through 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Columbia Gas Trans Corp.; Parcel 660.000-9999-810.500/2001 Assessment: Land $156,400 Total $156,400 this is a duplicate parcel and should have been removed from the Tax Roll, and the County Treasurer is directed to make the following refund: 2005-06 School Allegany County Town of Independence Fire Andover School Library Total $4,849.75 ___10.40 $4,860.15 2006 $2,270.42 1,821.78 177.04 _______ $4,269.24 2006-07 School $5,570.30 ___23.09 $5,593.39 2007 $2,669.84 2,044.14 174.84 _______ $4,888.85 2007-08 School $5,263.29 ___21.82 $5,285.11 2008 $2,746.98 2,067.93 171.56 _______ $4,986.47 6. That the Tax Collector of the Town of Scio is ordered and directed to correct in the 2007 to 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Richardson Brothers; Parcel 211.-1-60.2 Assessment: Land $14,100 Total $14,100 this parcel was combined with another and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: 2007-08 School Allegany County Town of Scio Fire Scio School Library Total $447.09 ___2.68 $449.77 2008 $279.64 173.41 22.99 ______ $476.04 7. 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. 107 BOARD OF LEGISLATORS SESSION MINUTES, JUNE 9, 2008 8. 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, 2009. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2009. Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 107-08 TRANSFER OF FUNDS WITHIN OFFICE OF DEVELOPMENT AND PLANNING CONTRACTUAL EXPENSE ACCOUNTS Offered by: Ways and Means Committee RESOLVED: 1. That the sum of $697 is transferred from Account No. A6430.474 (Marketing) to Account No. A6430.201 (Equipment) for computer equipment and the sum of $4,800 from Account No. A8020.101 (Personnel Services) to Account No. A8020.493 (Home & Community) for Planning Board Liaison expenses. Moved by: Mr. Reynolds Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 108-08 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO COUNTY ADMINISTRATOR CONTRACTUAL EXPENSES ACCOUNT Offered by: Ways and Means Committee RESOLVED: 1. That the sum of $40,200 is transferred from Account No. A1990.4 (Contingent) to Account No. A1011.414 (County Administrator - Rental Real Property) to pay monthly lease of office and conference space at the Crossroads Center for remainder of 2008. Moved by: Mr. Reynolds Seconded by: Mr. Pullen Adopted: Roll Call 12 Ayes, 3 Noes, 0 Absent Voting No: McCormick, O’Grady, Russo Resolution Intro. No. 112-08 (Approval of Agreement between County of Allegany and James McGuinness & Associates, Inc. for the Use of Computer Software) was amended on a motion made by Legislator Truax, seconded by Legislator Kruger and carried, by changing the end date of the term from December 31, 2008 to December 31, 2009. 108 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 109-08 APPROVAL OF AGREEMENT BETWEEN COUNTY OF ALLEGANY AND JAMES MCGUINNESS & ASSOCIATES, INC. FOR THE USE OF COMPUTER SOFTWARE; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT Offered by: Human Services Committee RESOLVED: 1. That the Agreement between the County of Allegany and James McGuinness & Associates, Inc. for the support and/or modification of computer software for the Allegany County Department of Health Preschool Program for the term January 1, 2008 through December 31, 2009 is approved. 2. That the Chairman of this Board is authorized to execute said Agreement. Moved by: Mr. Truax Seconded by: Mr. Dibble Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The agreement approved by Resolution No. 109-08 includes maintenance at a minimum of $550 per month and support at $100 per hour based on actual usage. The software is necessary in order for the Health Department to interface with NY State Education Department and for the processing of Preschool State Aid claims.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Kruger and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $4,210,764.82 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $3,927,811.) COMMENTS: Legislator Ungermann congratulated former Legislator Delores Cross who recently received the Woman of Distinction Award in Albany. Ms. Cross advocated for reducing the size of the County Legislature back when she was a member. Mr. Ungermann also reported there is a possibility that the truck stop in Belvidere will be closing and noted the effect this would have on the County’s sales tax revenue. Mr. Ungermann expressed concern about a Town of Birdsall bridge being red-flagged on June 6. He questioned the County’s policy for assisting towns with bridge repair and replacement. ADJOURNMENT: The meeting was adjourned at 2:53 p.m. on a motion made by Legislator Truax, seconded by Legislator Dibble and carried. -------- 109 BOARD OF LEGISLATORS SESSION MINUTES, JUNE 23, 2008 REGULAR SESSION - JUNE 23, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. APPROVAL OF MINUTES: The Board meeting minutes of June 9, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried. PUBLIC HEARING: Chairman Crandall suspended the meeting to hold a public hearing on the Allegany County Comprehensive Plan. Chairman Crandall noted that the public hearing is one more step in the process required by law for the adoption of the plan. The County has not had a Comprehensive Plan in the past, and work began on its development about one year ago. This is a very historical document, and once adopted, will play a major role in grant applications. The Comprehensive Plan is a working document that will be continually changing as the County moves forward. There being no one desiring to speak, the public hearing was declared closed, and the Board reconvened in regular session. PRIVILEGE OF THE FLOOR: Chairman Crandall took the floor to present a Plaque of Appreciation to Daniel J. Guiney, in recognition of his thirty years of dedicated service to Allegany County. Mr. Guiney retired January 3, 2008 from his position as County Attorney. He began in 1978, first as an Assistant County Attorney, then Social Services Attorney, First Assistant County Attorney, and since 1998 as County Attorney. Many of the Legislators, as well as other County personnel, have relied on and appreciated Mr. Guiney’s information, research, recommendations, and honest opinions. Daniel Guiney expressed his thanks and noted that his time spent with the Legislature was a pleasure. Sometimes they disagreed, but most often they agreed. People don’t realize what a Legislator’s job is like until they do it. He knows about all the time and effort they put in, and remarked that he hasn’t known one Legislator that didn’t have the best interest of the County in mind with whatever they did. Chairman Crandall presented a Certificate of Appreciation to Frederick Sinclair in recognition of his thirty years of outstanding work and dedication to the Allegany County Soil and Water Conservation District. Mr. Sinclair is retiring, with June 27 as his last official day in the office. Although not an actual County employee, he has worked for the Soil and Water Conservation District since 1978, first as a Conservation District Technician, then as a District Field Manager, and finally as Executive Director. Mr. Sinclair’s accomplishments range from the work he performed in obtaining funds, to providing those in policy and administrative positions with the information necessary for making decisions. Most recently of note is his key role in putting together the Comprehensive Plan and work on the Genesee River encroachment project. Fred Sinclair spoke on the environment and natural resources that make Allegany County special, and the need to continue to conserve, protect, and enhance these resources. Through working on the Comprehensive Plan and looking toward the future, he realized and pointed out that “one does not get at the abundance by concentrating on the scarcity.” In Allegany County we are surrounded by resources and can look forward to a bright future. 110 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Privilege of the floor was granted to County Administrator/Budget Officer John Margeson and County Treasurer/Deputy Budget Officer Terri Ross for a fiscal presentation on the 2007 Budget year. General Fund expenditures of $77.01 million exceeded budgeted appropriations of $76.81 million by $200,000, but revenues of $79.43 million came in higher than the budgeted amount of $76.81 million by $2.62 million, resulting in a gain in the 2007 General Fund balance of $2.42 million. Areas where spending exceeded the budget were highlighted: Employee Health Insurance, Jail Personnel, Public Transportation, Long-Term Home Health Care, Assigned Counsel, and Community College Expense. Areas of budgetary savings or excess revenue included: Housing of Out-of-County Inmates, Interest and Earnings, Interest and Penalties, Sales Tax, and County Clerk Fees. General Fund expenses and revenues were graphed out for the past seven years beginning with 2001 to illustrate year-end gains and losses over that time period. The years 2001, 2002, and 2003 showed losses of $.3, $6.8, and $2.8 million respectively, with each of the subsequent years of 2004 through 2007 showing steady gains of $.7, $2.72, $1.18, and $2.42 million respectively. The Unreserved Fund Balance has shown a corresponding increase from its lowest point in 2003 of a negative $3.8 million to a positive $2.9 million at year-end 2007. In regards to what the Fund Balance should be, Mr. Margeson noted that some experts suggest ten percent of the operating budget, which would be $10 million for us. He looks at it differently, or as a “savings account” for the legislators to use as a stabilizer and to stave off high property tax increases when working on the following year’s budget. Mr. Margeson would like to see the balance at double the amount it is now. He believes it’s prudent to have 25 percent of the amount the County has to raise in property taxes in the Fund Balance. Sandy Sheldon, of Caneadea, questioned what major things were responsible for the fiscal improvement. Mr. Margeson responded that it was a combination of the Legislature dedicating itself to tighter budgeting and less spending, the creation of a Budget Committee which has kept a vigilant watch on the budget year-round, and increasing the County portion of Sales Tax from four to four and one-half percent which provides an additional $2 million in revenue. Chairman Crandall remarked that the 2007 financial report is worthy news. Property taxes have gone up unacceptably, and the sales tax rate had to be increased. During those hard years, some difficult but necessary decisions had to be made to put things in order. The Budget Committee, implemented by former Chairman James Palmer, allows for budget work to be a year-round operation, rather than looking at it late in the year and trying to catch up. The process to further stabilize the finances of the County will be ongoing. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Correspondence was received from Senator Catharine Young acknowledging receipt and support of our Resolution No. 87-08 requesting New York State to prohibit text messaging while driving. Senator Young is a co-sponsor on several bills that would make the use of an electronic device for sending, writing, or reading of text messages while driving an illegal act. 2. Correspondence was received from NYS DEC Regional Director Abby Snyder confirming that the DEC plans to hold a public hearing in Allegany County during the week of August 4, 2008 regarding the DEC’s proposal to eliminate opening burning. INTRODUCTION OF LEGISLATION: Legislator William Hall introduced Local Law Intro. No. 2-2008, Print No. 1, entitled “A Local Law to Provide Increases in the Compensation of Certain County Officers,” a copy of said proposed Local Law having been placed on each legislator’s desk. 111 BOARD OF LEGISLATORS SESSION MINUTES, JUNE 23, 2008 RESOLUTIONS: RESOLUTION NO. 110-08 RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS Offered by: Personnel Committee WHEREAS, on this 23rd day of June, 2008, a local law (Intro. No. 2-2008, Print No. 1) was introduced to provide increases in the compensation of certain County officers, and WHEREAS, it will be necessary to set a date for public hearing on said proposed local law, now, therefore, be it RESOLVED: 1. That a public hearing shall be held on July 14, 2008, at 2:00 P.M. in the County Legislators' Chambers, Room 221, County Office Building, Belmont, New York, before the Allegany County Board of Legislators, in relation to proposed Local Law Intro. No. 2-2008, Print No. 1. 2. That the Clerk of the Board of Legislators is directed to prepare, with the assistance of the County Attorney, a notice of said public hearing, to cause the publication of a copy of said notice in each of the two newspapers which have been officially designated by this Board to publish “notices,” and to affix a copy of said notice on the County bulletin board in the County Courthouse at Belmont, New York; both publication and posting to be made at least five days before the public hearing. Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Voice Vote (Memo: Proposed Local Law Intro. No. 2-08, as referenced in Resolution No. 110-08, addresses the salary of the Public Defender.) Comments made regarding Resolution No. 110-08: Mr. Ungermann commented that he’d like to see certain County officers take their raises in the form of a tax cut, so they and all County taxpayers would see the benefit. RESOLUTION NO. 111-08 GRANTING SALARY INCREMENTS EFFECTIVE JULY 1, 2008 TO UNIT AND NON-UNIT EMPLOYEES Offered by: Personnel Committee Pursuant to Resolution No. 1-69, as amended, and Resolution No. 297-75, as amended WHEREAS, eight County unit and non-unit employees are eligible to receive an annual salary increment effective July 1, 2008, and WHEREAS, the proper County department heads have recommended that such employees receive their respective annual salary increment effective July 1, 2008, having been satisfied, after review, with each of such employees’ service, with attention having been given to the efficiency with which each of such employees has performed his or her 112 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS respective duties, as well as the attendance record of each and all other factors having an effect on the work record of each, and WHEREAS, this Board concurs in such recommendation, now, therefore, be it RESOLVED: 1. That the following listed employees are granted their respective annual increment effective July 1, 2008, to wit: Department Public Works Sheriff Sheriff Sheriff Sheriff Social Services Social Services Office for Aging Name David Dixon C. Cornell D. Barkley T. Guinnip M. Serra T. Power D. Bartlett C. Whitesell Title Janitor Corr. Officer Corr. Officer Corr. Officer Emerg. Svcs. Disp. Caseworker Caseworker Typist Moved by: Mr. Hall Seconded by: Mr. Fanton Increment $.37 $.40 $.40 $.40 $.42 $.62 $.62 $.26 Adopted: Roll Call 13 Ayes, 2 Noes, 0 Absent Voting No: Kruger, Ungermann Comments made regarding Resolution No. 111-08: Mr. Kruger felt that unit and non-unit employees should be dealt with separately. Raises for unit employees are contractual and there is no bearing on whether they are deserved or not. RESOLUTION NO. 112-08 APPROVAL OF SALE OF 2008 TAX SALE PROPERTIES Offered by: Ways and Means Committee Pursuant to New York Uniform Delinquent Tax Enforcement Act and 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 2006 and/or back to the year 1995 (TF95 up to and including TF06) 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. 113 BOARD OF LEGISLATORS SESSION MINUTES, JUNE 23, 2008 Purchaser & Address Sale Price Parcel details County Title Recorded Date Liber, Page DIESTLER ANDREW J IV DIESTLER ANDREW J V 202 PLEASANT VALLEY RD ALFRED STATION, NY 14803 Tax sale amount: $19,000 Parcel ID: 022089/165.-1-4.2 Prop Loc: 234 Pleasant Valley Rd Assessed value: $28,900 Acreage: 2.25 County of Allegany ROWLEY KEVIN P ROWLEY PATRICIA A 7164 HUNTER CREEK RD HOLLAND, NY 14080 Tax sale amount: $6,000 Parcel ID: 022089/190.-1-19.211 Prop Loc: McAndrews Rd Assessed value: $17,300 Acreage: 9.80 County of Allegany TRZEPKOWKSI WENDYLOU NOWICKI ANNE M 5448 KLEIN RD FILLMORE, NY 14735 Tax sale amount: $8,000 Parcel ID: 022200/67.-1-9.2 Prop Loc: Vincent Assessed value: $11,100 Acreage: 1.40 County of Allegany RONOLDER CAROL A RONOLDER JOSEPH 9419 TRENKLE RD CUBA, NY 14727 Tax sale amount: $2,500 Parcel ID: 022400/301.-1-45 Prop Loc: Pump Station Rd Assessed value: $5,500 Acreage: 6.00 County of Allegany KRAPF KENNETH JOSEPH 137 LANDING ROAD NORTH ROCHESTER, NY 14625 Tax sale amount: $3,500 Parcel ID: 022689/124.-1-1.3 Prop Loc: Cnt Rt 2A Assessed value: $2,400 Acreage: 3.20 County of Allegany CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING, NY 14830 Tax sale amount: $5,500 Parcel ID: 022889/171.-1-21 Prop Loc: Route 19 Assessed value: $27,400 Acreage: 0.63 County of Allegany WISNIEWSKI JOHN J PO BOX 313 NO STREET NAME OR NUMBER HORNELL, NY 14843 Tax sale amount: $1,500 Parcel ID: 023400/105.-1-54.1 Prop Loc: State Rte. 19 Assessed value: $5,900 Acreage: 3.20 County of Allegany MARVIN MICHAEL J BROOKS STEPHEN F 1005 VICTOR RD MACEDON, NY 14502 Tax sale amount: $1; $104,999 Parcel ID: 023600/83.-1-19.2 and Parcel ID: 023600/83.-1-20.1 Prop Loc: Co Rd 15B; St Rt 408 Assessed value: $1,900; $96,700 Acreage: 0.90; 111.60 County of Allegany VOGT MARK A PERRY JAMES C 5288 IDE RD NEWFANE, NY 14108 Tax sale amount: $8,500 Parcel ID: 023600/83.-1-34.4 Prop Loc: No 1 Rd Assessed value: $3,400 Acreage: 2.60 County of Allegany CARLIN DARIN B 8693 STATE RTE 408 NUNDA, NY 14517 Tax sale amount: $4,500 Parcel ID: 023600/85.-1-12 Prop Loc: Hiltonville Rd Assessed value: $4,400 Acreage: 2.50 County of Allegany Book: 1165 Page: 197 Book: 1196 Page: 99 Book: 1022 Page: 256 Book: 1047 Page: 125 Book: 600 Page: 00457 Book: 1200 Page: 134 Book: Page: Book: 1060; 1028 Page: 42; 253 Book: 854 Page: 326 Book: 1091 Page: 79 114 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Purchaser & Address Sale Price Parcel details County Title Recorded Date Liber, Page LEWIS JAMES A 131 SHANER ST BOLIVAR, NY 14715 Tax sale amount: $5,000 Parcel ID: 023801/259.20-1-34 Prop Loc: 102 Second St Assessed value: $22,200 Acreage: 0.00 County of Allegany WELLS FARGO BANK, NA 1 HOME CAMPUS DES MOINES, IA 50328 Tax sale amount: $3,500 Parcel ID: 023801/259.20-1-74 Prop Loc: Third St Assessed value: $1,000 Acreage: 0.00 County of Allegany DUNN MIKE E 2473 SR 49 E COUDERSPORT, PA 16915 Tax sale amount: $2,500 Parcel ID: 023801/260.17-3-46 Prop Loc: Main St Assessed value: $1,000 Acreage: 0.00 County of Allegany CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING, NY 14830 Tax sale amount: $13,000 Parcel ID: 023801/260.17-3-73.1 Prop Loc: 126 Friendship St Assessed value: $23,500 Acreage: 0.16 County of Allegany CLARK JAMIE L 2707 INAVALE RD FRIENDSHIP, NY 14739 Tax sale amount: $6,000 Parcel ID: 023889/260.-1-29.22 Prop Loc: 4025 St Rt 417 E Assessed value: $17,900 Acreage: 3.50 County of Allegany HACKETT KARL A II HACKETT ALISHA M 135 OLIVE ST BOLIVAR, NY 14715 Tax sale amount: $4,000 Parcel ID: 023889/272.12-1-19 Prop Loc: 7811 St Rt 417 W Assessed value: $29,500 Acreage: 0.00 County of Allegany HALL DENNIS PO BOX 12 NO STREET NAME OR NUMBER FRIENDSHIP, NY 14739 Tax sale amount: $16,000 Parcel ID: 023889/272.-3-35.121 Prop Loc: 7659 Forman Hollow Rd Assessed value: $36,700 Acreage: 2.36 County of Allegany CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING, NY 14830 Tax sale amount: $17,500 Parcel ID: 024001/34.20-1-15 Prop Loc: 12 River St Assessed value: $23,100 Acreage: 0.29 County of Allegany MELLIN JEREMY M 11544 CHURCH ST PORTAGEVILLE, NY 14536 Tax sale amount: $3,400 Parcel ID: 024001/34.20-2-40 Prop Loc: 9 Potomac Assessed value: $9,500 Acreage: 0.25 County of Allegany BUNK JOSEPH F 4473 RT 305 CUBA, NY 14727 Tax sale amount: $2,800 Parcel ID: 024600/218.23-2-14 Prop Loc: 3104 Wolf Creek Rd Assessed value: $32,500 Acreage: 2.30 County of Allegany HALL DENNIS PO BOX 12 FRIENDSHIP, NY 14739 Tax sale amount: $5,000 Parcel ID: 024600/244.-1-7.12 Prop Loc: 2237 Wolf Creek Rd Assessed value: $30,400 Acreage: 2.10 County of Allegany Book: 861 Page: 00169 Book: 1218 Page: 260 Book: 1307 Page: 56 Book: 1052 Page: 60 Book: 1108 Page: 345 Book: 1632 Page: 38 Book: 1246 Page: 216 Book: 1121 Page: 155 Book: 1054 Page: 316 Book: 906 Page: 00199 Book: 1153 Page: 150 115 BOARD OF LEGISLATORS SESSION MINUTES, JUNE 23, 2008 Purchaser & Address Sale Price Parcel details County Title Recorded Date Liber, Page CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING, NY 14830 Tax sale amount: $3,000 Parcel ID: 025000/182.12-2-25 Prop Loc: 45 E Main St Assessed value: $32,200 Acreage: 0.38 County of Allegany MITCHELL CHARLES D 11405 CANASERAGA RD DANSVILLE, NY 14437 Tax sale amount: $1,000 Parcel ID: 025000/182.-1-25.2 Prop Loc: 6832-6 County Rd 31 Assessed value: $14,200 Acreage: 0.69 County of Allegany CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING, NY 14830 Tax sale amount: $13,000 Parcel ID: 025000/182.15-1-43 Prop Loc: 88 W Main St Assessed value: $29,400 Acreage: 0.18 County of Allegany CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING, NY 14830 Tax sale amount: $2,900 Parcel ID: 025000/196.-1-24.11 Prop Loc: Moss Brook Rd Assessed value: $9,000 Acreage: 0.80 County of Allegany SWIECH KEITH G SWIECH DAVID T JR 300 ORCHARD PL LACKAWANNA, NY 14218 Tax sale amount: $11,500 Parcel ID: 025200/271.-1-11.25 Prop Loc: Deer Creek Rd Assessed value: $10,400 Acreage: 6.50 County of Allegany KENNEDY STEVEN R 849 SANFORD HLW LITTLE GENESEE, NY 14754 Tax sale amount: $1,600 Parcel ID: 025200/284.-1-3.3 Prop Loc: Sanford Hollow Rd Assessed value: $22,000 Acreage: 1.00 County of Allegany LOTTER LYNN D 9805 PROSSER RD PORTVILLE, NY 14770 Tax sale amount: $1,700 Parcel ID: 025200/296.-1-41.2 Prop Loc: Rt. 417 Assessed value: $5,400 Acreage: 2.50 County of Allegany ROWLEY KEVIN P ROWLEY PATRICIA A 7164 HUNTERS CREEK RD HOLLAND, NY 14080 Tax sale amount: $400 Parcel ID: 025200/297.-1-48.2 Prop Loc: Rt. 417 Assessed value: $4,200 Acreage: 0.50 County of Allegany CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING, NY 14830 Tax sale amount: $32,000 Parcel ID: 025600/21.20-1-1.6 Prop Loc: Co Rd 24 Assessed value: $44,625 Acreage: 0.69 County of Allegany MUELLER GREGORY G MUELLER TERESA M 68 CHIMAYO RD ROCHESTER, NY 14617 Tax sale amount: $6,500 Parcel ID: 025600/32.-1-20.2 Prop Loc: Co Rd 24 Assessed value: $11,865 Acreage: 2.60 County of Allegany Book: 1156 Page: 140 Book: 749 Page: 00133 Book: Page Book: 1205 Page: 294 Book: 1170 Page: 293 Book: 1059 Page: 255 Book: 1157 Page: 221 Book: Page: Book: 885 Page: 00313 Book: 1216 Page: 324 116 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Purchaser & Address Sale Price Parcel details County Title Recorded Date Liber, Page ROWLEY KEVIN P ROWLEY PATRICIA A 7164 HUNTERS CREEK RD HOLLAND, NY 14080 Tax sale amount: $4,100 Parcel ID: 025600/32.-1-45.23 Prop Loc: Johnson Hill Rd Assessed value: $6,750 Acreage: 4.90 County of Allegany HINZ TODD 1002 RTE 70 HUNT, NY 14846 Tax sale amount: $9,400 Parcel ID: 025800/26.-1-32.112 Prop Loc: County Road 23 Assessed value: $17,000 Acreage: 1.40 County of Allegany HINZ TODD 1002 RT 70 HUNT, NY 14846 Tax sale amount: $550 Parcel ID: 025800/26.-1-32.2 Prop Loc: County Road 23 Assessed value: $4,800 Acreage: 0.92 County of Allegany SHIPMAN MARTY P SHIPMAN DAWN M 3661 WILLETT RD PENN YAN, NY 14527 Tax sale amount: $33,000 Parcel ID: 025800/26.15-1-1 Prop Loc: Claybed Rd-Hume Assessed value: $69,900 Acreage: 0.86 County of Allegany BOWER EDWIN L PO BOX 89 NO STREET NAME OR NUMBER FILLMORE, NY 14735 Tax sale amount: $650 Parcel ID: 025800/5.-1-32.1 Prop Loc: Elm St Assessed value: $4,800 Acreage: 0.90 County of Allegany CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING, NY 14830 Tax sale amount: $9,000 Parcel ID: 026000/294.8-1-6.2 Prop Loc: Main St Assessed value: $21,200 Acreage: 0.26 County of Allegany CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING, NY 14830 Tax sale amount: $17,000 Parcel ID: 026000/295.5-1-14 Prop Loc: Park Ave Assessed value: $29,400 Acreage: 0.25 County of Allegany PAUL RAMUNNO FAMILY TRUST PAUL RAMUNNO, TRUSTEE 530 SENECA CREEK RD WEST SENECA, NY 14224 Tax sale amount: $23,000 Parcel ID: 026400/62.-1-2.6 Prop Loc: 9845 Cream Ridge Rd Assessed value: $23,400 Acreage: 23.00 County of Allegany MESCALL DENNIS P MESCALL MICHAEL E 74 IMPALA PKWY LANCASTER, NY 14043 Tax sale amount: $2,400 Parcel ID: 026400/77.18-1-34 Prop Loc: Trail 5 Assessed value: $3,100 Acreage: 0.10 County of Allegany WISNIEWSKI JOHN J PO BOX 313 NO STREET NAME OR NUMBER HORNELL, NY 14843 Tax sale amount: $3,999; $1 Parcel ID: 026600/199.18-2-27.1 and County of Allegany 026600/199.18-2-27.2 Book: 1241; 1241 Prop Loc: W Main St; Main St Page: 312; 312 Assessed value: $12,000; $21,000 Acreage: 0.18; 0.16 Book: 1446 Page: 122 Book: 799 Page: 00122 Book: 1248 Page: 125 Book: 1531 Page: 15 Book: 1181 Page: 226 Book: 1150 Page: 338 Book: 994 Page: 00237 Book: 706 Page: 00162 Book: Page: 117 BOARD OF LEGISLATORS SESSION MINUTES, JUNE 23, 2008 Purchaser & Address Sale Price Parcel details County Title Recorded Date Liber, Page POTTER CYNTHIA L POTTER JAMES C 3983 ST RT 19, PO BOX 31 SCIO, NY 14880 Tax sale amount: $14,000 Parcel ID: 026600/199.18-2-32 Prop Loc: Main St Assessed value: $37,500 Acreage: 0.35 County of Allegany BALDWIN ROBERT D 2623 PETROLIA RD WELLSVILLE, NY 14895 Tax sale amount: $1,000 Parcel ID: 026600/250.-1-18.4 Prop Loc: N Bill Allen Rd Assessed value: $2,000 Acreage: 2.00 County of Allegany CORNERSTONE HOMES INC 11801 HARRINGTON DRIVE CORNING, NY 14830 Tax sale amount: $20,000 Parcel ID: 027001/238.12-3-56 Prop Loc: 24 Earley St Assessed value: $42,800 Acreage: 0.21 County of Allegany VANDORN STANFORD J 34 VERMONT ST NUNDA, NY 14517 Tax sale amount: $11,000 Parcel ID: 027001/238.16-1-29 Prop Loc: 76 Pleasant St Assessed value: $31,000 Acreage: 0.22 County of Allegany DAY JAYNI DAY GABE PO BOX 132 NO STREET NAME OR NUMBER WELLSVILLE, NY 14895 Tax sale amount: $800 Parcel ID: 027001/238.16-3-36.1 Prop Loc: Clark St Assessed value: $2,800 Acreage: 0.47 County of Allegany GUNZBURGER GREGORY L 29 MARTIN ST WELLSVILLE, NY 14895 Tax sale amount: $1,100 Parcel ID: 027001/238.8-3-80 Prop Loc: 43 Martin St Assessed value: $20,500 Acreage: 0.08 County of Allegany STONE MOUNTAIN MASONRY LLC 132 S BROOKLYN AVE WELLSVILLE, NY 14895 Tax sale amount: $700 Parcel ID: 027001/239.14-2-18 Prop Loc: 146 Rauber St Assessed value: $5,300 Acreage: 0.19 County of Allegany ROSS KATHRYN A 184 RAUBER ST WELLSVILLE, NY 14895 Tax sale amount: $17,000 Parcel ID: 027001/239.14-3-50 Prop Loc: 184 Rauber St Assessed value: $34,900 Acreage: 0.24 County of Allegany HALL DENNIS PO BOX 12 NO STREET NAME OR NUMBER FRIENDSHIP, NY 14739 Tax sale amount: $100 Parcel ID: 027001/239.38-1-43 Prop Loc: 6 N Broad St Assessed value: $20,000 Acreage: 0.00 County of Allegany LOGUE DAMON E 13 VANEVERY RD ONTARIO, CANADA ETOBTCOKE, MV8 1Y5 Tax sale amount: $1; $4,999 Parcel ID: 027001/239.45-1-10 and County of Allegany 027001/239.45-1-9 Book: 1308; 1308 Prop Loc: 23 N Main St; and Page: 58; 55 25-33 N Main St Assessed value: $43,100; $215,900 Acreage: 0.00; 0.00 Book: 1202 Page: 167 Book: 1263 Page: 14 Book: Page: Book: 1236 Page: 261 Book: 1626 Page: 201 Book: 1451 Page: 317 Book: 1308 Page: 46 Book: Page: Book: Page: 118 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Purchaser & Address Sale Price County Title Recorded Date Liber, Page Parcel details AVELO MORTGAGE LLC 6011 CONNECTION DRIVE IRVING, TX 75039 Tax sale amount: $59,000 Parcel ID: 027001/239.5-2-1 Prop Loc: Crescent Ave Assessed value: $109,000 Acreage: 7.95 County of Allegany VANPELT ANN T VANPELT JAMES C 2311 RT 417 WELLSVILLE, NY 14895 Tax sale amount: $2,100 Parcel ID: 027089/214.-1-33 Prop Loc: 2301 Andover Rd Assessed value: $14,000 Acreage: 0.10 County of Allegany BALDWIN ROBERT D 2623 PETROLIA RD WELLSVILLE, NY 14895 Tax sale amount: $1; $2,999 Parcel ID: 027089/237.-1-11.22 and County of Allegany 027089/237.-1-11.3 Book:1360; 1360 Prop Loc: Brimmer Brook Rd; and Page: 49; 49 2629 Brimmer Brook Rd Assessed value: $500; $12,000 Acreage: 1.12; 1.24 VANDORN STANFORD J 34 VERMONT ST NUNDA, NY 14517 Tax sale amount: $18,000 Parcel ID: 027089/238.7-2-10 Prop Loc: 58 George St Assessed value: $45,600 Acreage: 0.00 County of Allegany CEGLIA VERA B CEGLIA, PAUL D. AND CARMINE P. 3041 TRUAX RD WELLSVILLE, NY 14895 Tax sale amount: $1,900 Parcel ID: 027089/239.-1-49 Prop Loc: 3710 E State St Assessed value: $12,500 Acreage: 0.40 County of Allegany CLARK CLARENCE J CLARK JANICE E 2701 PINE GROVE RD BOLIVAR, NY 14715 Tax sale amount: $2,600 Parcel ID: 027689/233.-3-25.5 Prop Loc: 2663 Pine Grove Rd Assessed value: $4,000 Acreage: 1.10 County of Allegany MITCHELL CHARLES D 11405 CANASERAGA RD DANSVILLE, NY 14437 Tax sale amount: $2,600 Parcel ID: 027689/234.-1-8.3 Prop Loc: St Rte 275 East Notch Rd Assessed value: $6,150 Acreage: 5.30 County of Allegany MILITELLO CHARLES R JR MILITELLO JENNIFER L 7013 PLEASANT VALLEY RD BOLIVAR, NY 14715 Tax sale amount: $1,600 Parcel ID: 027689/247.-1-53.1 Prop Loc: Co Rd 8 Assessed value: $1,000 Acreage: 1.00 County of Allegany Moved by: Mr. Reynolds Seconded by: Mr. Pullen Book: 1191 Page: 302 Book: 1126 Page: 218 Book: 972 Page: 00323 Book: 1092 Page: 137 Book: 1631 Page: 193 Book: 1428 Page: 283 Book: Page: Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 113-08 APPOINTMENT OF ONE LEGISLATIVE MEMBER TO THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD Offered by: Public Works Committee 119 BOARD OF LEGISLATORS SESSION MINUTES, JUNE 23, 2008 Pursuant to Soil and Water Conservation District Law §§ 6 and 7 RESOLVED: 1. That Michael J. McCormick is appointed to the Allegany County Soil and Water Conservation District Board, as a Legislative Member, to fill the vacancy due to the resignation of Norman G. Ungermann, Jr., commencing May 31, 2008 and expiring December 31, 2008. Moved by: Mr. Fanton Seconded by: Mr. Reynolds Adopted: Voice Vote RESOLUTION NO. 114-08 CREATING POSITION OF FULL-TIME ASSISTANT PUBLIC DEFENDER AND ABOLISHING TWO POSITIONS OF PART-TIME ASSISTANT PUBLIC DEFENDER IN THE PUBLIC DEFENDER'S OFFICE; FIXING SALARY Offered by: Personnel Committee RESOLVED: 1. That one position of full-time Assistant Public Defender is created in the Public Defender's Office and two positions of part-time Assistant Public Defender are abolished in the Public Defender's Office. 2. That the annual salary of such position of full-time Assistant Public Defender is set at $70,000. 3. This resolution shall take effect on July 14, 2008. Moved by: Mr. Hall Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 115-08 TRANSFER OF FUNDS FROM FIRE PREVENTION AND CONTROL CONTRACTUAL EXPENSES ACCOUNT TO OFFICE OF EMERGENCY SERVICES REVENUE ACCOUNT Offered by: Public Safety Committee RESOLVED: 1. That the sum of $68.32 is transferred from Account No. A3410.4 to Revenue Account No. A10.3306.EMG8, to cover a shortage in the OES Homeland Security Grant Account. Moved by: Mr. Dibble Seconded by: Mr. Truax Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. 120 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS A motion was made by Legislator Truax, seconded by Legislator Hopkins and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $1,387,371.63 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $4,274,683.) COMMENTS: Mr. Reynolds referred to Mr. Ungermann’s announcement at the last meeting of Delores Cross receiving the Woman of Distinction Award at Albany recently. Mr. Reynolds noted that there have been other Allegany County women to receive this award in the past few years: Florence Fuller, Wendy Powers (Skinner), Lee Gridley, Aileen Ortlip Shea, and Gertrude Butera. Mr. Pullen commented on the public hearing to be held on August 7 regarding the Department of Environmental Conservation’s rule change proposal to eliminate open burning state-wide. He obtained extensive internet print outs on the issue and copies will be available in the Clerk of the Board’s Office. Mr. Pullen encouraged attendance at the public hearing. Mr. Kruger added that he’s not sure how well informed the public is, and he hopes the media publicizes the public hearing well. Mr. McCormick made note of the Andover July 4th festivities. This year’s theme is “Land of the Free, Courtesy of the Brave.” ADJOURNMENT: The meeting was adjourned at 2:55 p.m. following a motion made by Legislator Truax, seconded by Legislator Dibble and carried. -------- REGULAR SESSION - JULY 14, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. APPROVAL OF MINUTES: The Board meeting minutes of June 23, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried. PUBLIC HEARING: Chairman Crandall suspended the regular meeting to hold a public hearing on Local Law Intro. No. 2-2008, entitled “A Local Law to Provide Increases in the Compensation of Certain County Officers.” The local law addressed the salary of the Public Defender. As there was no one desiring to speak, the public hearing was declared closed and the Board reconvened in regular session. PRIVILEGE OF THE FLOOR: Chairman Crandall took the floor for the presentation of a Certificate of Recognition to honor Delores Cross, who was the 2008 recipient of the Woman of Distinction Award from 121 BOARD OF LEGISLATORS SESSION MINUTES, JULY 14, 2008 the New York State Senate’s Honorary Program. Ms. Cross served as a County Legislator from 1982 through 1993, and she was Chairman from 1990 through 1993. The focus of her time spent on the Legislature was tourism and economic development. During the award presentation at the NYS Capital, Senator Catharine Young stated that the recognition was deserved due to the work Delores Cross has done to improve the lives of her friends and neighbors, and Allegany County is a much better place because of her. Julie Sirianni, representing Senator Young at this meeting, thanked the Board for the opportunity to honor Delores. Delores Cross spoke briefly, noting her appreciation for the Board of Legislators’ thoughtfulness and also the work that they do. She enjoyed her tenure as a legislator and commented that there are a lot of women in the County with talent and energy looking to get into a position to make a real difference. Past Allegany County recipients of the Woman of Distinction Award include: Under Senator Patricia McGee: Florence Fuller and Wendy Powers (Skinner) (there may have been others under Senator McGee, but those records are not available); Under Senator Catharine Young: Lee Gridley, Aileen Ortlip Shea, and Gertrude Butera. Chairman Crandall granted privilege of the floor to Public Health Director Lori Ballengee, who spoke about the Allegany County Cancer Services and Colors for Life. Ms. Ballengee presented some cancer statistics for Allegany County including: Five individuals are diagnosed with cancer and two individuals die from cancer each week. Lung cancer is the number one cause of cancer deaths; and all cancer sites collectively rate as the number two cause of death behind heart disease. The annual incidence rates have increased for the period 1990 to 2004 by 11.9 percent, whereas mortality rates have decreased by 7 percent for the same period, possibly due to screening and earlier treatment. Allegany County Cancer Services has financially served 50 people within the County over the past 17 months (with two pending), and gave out over $15,000. Dozens of others have been assisted with support services. The organization has only been in existence as a non-profit for three years, and has already made a lot of strides. They average one to two new applications per week. The annual Colors for Life fundraising event will be held August 2 at the Wellsville Elementary School. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Allegany County Mutual Self-Insurance Plan (Workers’ Compensation) 2009 Budget, together with the apportionment of costs of the budget to the County, Towns, and Villages of Allegany County. 2. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator in June 2008. 3. Also placed on each legislator’s desk was a copy of the Report of Tax Bill Corrections approved by the County Administrator in June 2008. 4. Also distributed were copies of a Press Release from the NYS DEC adding Public Hearings on their Proposed Rule Change to Eliminate Open Burning Statewide. The Public Hearing in Allegany County will be held on August 7 in the Legislative Board Chambers from 5 to 8 p.m., with an informational session scheduled from 4 to 5 p.m. 122 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 5. The County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law of the State of New York in the Clerk of the Board’s Office on July 8, 2008 for property in the Town of Genesee. 6. An invitation was received to attend and present trophies for the Annual Kids Fishing Contest at the Andover Wetlands on August 2 from 8 a.m. to 3 p.m. 7. An invitation was received to attend an Open House at the Almond 20th Century Club Library on July 18 at 1 p.m. to celebrate the completion of the handicap access lift. Senator Catharine Young, representatives from Assemblyman Daniel Burling’s Office, as well as local town and village officials plan to attend. 8. An invitation was received from the ACCORD/Allegany Business Center to attend their Graduation Ceremony for the Entrepreneurial Assistance Program on July 30. 9. Correspondence was received from Senator Catharine Young acknowledging receipt and support of our Resolution No. 103-08, Resolution Opposing a Proposal from DEC for a Rule Change to Eliminate Open Burning. Senator Young will continue to advocate against the elimination of open burning. 10. Correspondence was received from Assemblyman Daniel Burling acknowledging receipt and support of our Resolution No. 103-08, Resolution Opposing a Proposal from DEC for a Rule Change to Eliminate Open Burning. Assemblyman Burling recently issued a press release regarding the action by DEC to circumvent the legislative process and ban open burning. 11. A News Release was received from Southern Tier West Regional Planning and Development Board highlighting their June 26 meeting. 12. Article VII Application for Centerville to Yorkshire 115 kV Transmission Line, June 2008 – Volume 1 with Exhibits 1, 2, 3, 4 and Volume 2 with Additional Exhibits were filed in the Clerk of the Board’s Office on July 1, 2008. 13. An invitation was received to attend the 21st Friendship Freedom Fair Celebration to be held on Saturday, July 26. 14. Also received was the Allegany Business Center newsletter. 15. Notice was given for the next Fire Advisory Board meeting to be held on July 24, at 8 p.m. in the Public Safety Facility. The Fire Investigators and District Coordinators plan to meet at 7 p.m. APPOINTMENTS: The Clerk of the Board announced that Chairman Curtis W. Crandall, in a joint measure with Crystal Abers, Chairman of the Cattaraugus County Board of Legislators, has appointed the following to fill unexpired three-year terms on the CATTARAUGUSALLEGANY WORKFORCE INVESTMENT BOARD: Brad Walters, Executive Director, Southern Tier Builders Association; Term ending 12/31/10 Phil Ghent, General Manager, Olean Advanced Products; Term ending 12/31/08; Replacing John Sayegh Jason Huffman, HR Manager, Cooper Power Systems; Term ending 12/31/10 Karen Comstock, HR Manager, Friendship Dairies; Term ending 12/31/09; Replacing Steve Havey 123 BOARD OF LEGISLATORS SESSION MINUTES, JULY 14, 2008 Cesar Cabrera, Regional Coordinator, Western Region NYS DOL; Term ending 12/31/08; Replacing Jill Whitfield Steve Crowley, Director of Mountain Operations, Holiday Valley; Term ending 12/31/10 RESOLUTIONS: RESOLUTION NO. 116-08 ADOPTION OF LOCAL LAW INTRO. NO. 2-2008, PRINT NO. 1, IN RELATION TO A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS Offered by: Personnel Committee RESOLVED: 1. That proposed Local Law, Intro. No. 2-2008, Print No. 1, is adopted without any change in language, to wit: COUNTY OF ALLEGANY Intro. No. 2-2008 Print No. 1 A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows: Section 1. Commencing August 28, 2008, the annual salary of the incumbent of the following County office shall be as follows: Public Defender - $82,000. Section 2. of State. This local law shall take effect on the date of its filing with the Secretary Moved by: Mr. Hall Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: Following adoption per Resolution No. 116-08, Local Law Intro. No. 2-08 became Local Law No. 2-08.) Mr. Ungermann commented that the number of positions in the Public Defender’s Office was being reduced from one full-time and two part-time positions down to two full-time positions, resulting in an overall savings. RESOLUTION NO. 117-08 ESTABLISHING POLICY FOR REDEMPTION OR REACQUISITION OF TAX PARCELS IN ALLEGANY COUNTY Offered by: Ways and Means Committee RESOLVED: 1. That the policy for the redemption or reacquisition of tax parcels in Allegany County is approved. 124 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 2. This resolution shall take effect immediately. Moved by: Mr. Hall Seconded by: Mr. Reynolds Adopted: Roll Call 13 Ayes, 2 Noes, 0 Absent Voting No: Kruger, Ungermann Comments made regarding Resolution No. 117-08 included: Mr. Kruger originally supported revision of the tax sale property redemption policy as a way of helping residents with special circumstances to redeem their property up to the last possible minute. He did not support this resolution due to the $500 minimum payment clause. If a resident already couldn’t afford his taxes, this would aggravate the problem more. Mr. Reynolds pointed out that when taxpayers get to this stage, the $500 is actually a savings. It is meant to cover lawyer fees and other County costs. Mr. Reynolds noted that the policy revision is the best compromise they could make. Mr. Pullen appreciated the efforts and creativity that went into this resolution, and even though it’s not a perfect solution, hopefully it will show compassion and flexibility. Taxes are too high, and we aren’t going to be able to solve all the problems. There will always be someone just inside or outside the rule, but this resolution definitely moves the line. Mr. Ungermann commented that he appreciates the efforts, but this is just a band-aid approach. The real problem is taxes, and we need to start cutting the cost of government to the point where people can afford it. There were 82 parcels sold at this year’s auction, which is a large number for a county of this size. Mr. Ungermann felt this policy will discourage potential tax sale property buyers, because after they invest the time in investigating a particular parcel, it may not be available at the time of the sale. Mr. Reynolds responded that because this policy only applied to primary residences, it won’t have a negative effect on the tax sale. RESOLUTION NO. 118-08 DESIGNATING THE WELLSVILLE DAILY REPORTER AS SOLE OFFICIAL NEWSPAPER FOR THE PERIOD AUGUST 1, 2008 TO AUGUST 12, 2008 Offered by: Ways and Means Committee WHEREAS, the Clerk of this Board was informed that the Cuba Patriot & Free Press, one of the official newspapers, will not be publishing during the period of August 1, 2008 to August 12, 2008, now, therefore, be it RESOLVED: 1. Notwithstanding the provisions of Section 1 of Resolution No. 268-2007, the newspaper The Wellsville Daily Reporter is designated as the sole official newspaper to publish local laws, notices and other matters required by law to be published during the period of August 1, 2008 to August 12, 2008. Moved by: Mr. Reynolds Seconded by: Mr. McCormick Adopted: Voice Vote 125 BOARD OF LEGISLATORS SESSION MINUTES, JULY 14, 2008 RESOLUTION NO. 119-08 A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2008 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 Grove is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Trathen Land Co., LLC: Parcel 9.-1-8.12 Assessment: Land $54,800 Total $54,800 this parcel was split and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: 126 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Allegany County Town Fire School Relevy Total $ 816.69 589.11 8.44 1,334.12 $2,748.36 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, 2009. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2009. Moved by: Mr. Reynolds Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 120-08 ACCEPTANCE AND APPROPRIATION OF ADDITIONAL FUNDING FROM THE NEW YORK STATE DEPARTMENT OF HEALTH FOR THE COUNTY'S CANCER SCREENING SERVICES PROGRAM Offered by: Human Services and Ways and Means Committees WHEREAS, additional funding in the amount of $201,362.40 from the New York State Department of Health has been received to enhance current services under the County's cancer screening programs, now, therefore, be it RESOLVED: 1. That the sum of $201,362.40 is accepted and appropriated to Account No. A4071.4 (Cancer Screening – Contractual), with a like sum credited to Revenue Account No. A10.3401.01 (State Aid – Cancer Screening Services). Moved by: Mr. Truax Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 121-08 INCREASING APPROPRIATIONS AND REVENUES IN THE TANF SUMMER YOUTH EMPLOYMENT PROGRAM (TANF SYEP) ACCOUNTS Offered by: Ways and Means Committee WHEREAS, the Allegany County Employment and Training Center has advised that certain appropriations and revenues should be increased in the TANF Summer Youth Employment Program, now, therefore, be it 127 BOARD OF LEGISLATORS SESSION MINUTES, JULY 14, 2008 RESOLVED: 1. That the following Employment and Training Center accounts are increased by the designated amounts: Account No. CD1 6406.101 CD1 6406.474 CD1 6406.475 CD1 6406.806 CD1 6415.101 CD1 6415.806 CD1 6794.101 CD1 6794.474 CD1 6794.475 CD1 6794.806 TOTAL Appropriation Accounts Dislocated Worker Regular Pay Dislocated Worker CRT Contract Dislocated Worker OJT Contract Dislocated Worker Hosp/Med. Insurance Disability Program Navigator Regular Pay Disability Program Navigator Hosp/Med. Ins. TANF Regular Pay TANF Project Instructional Contracts TANF Participant Transportation TANF Hosp/Med. Insurance Amount 5,000.00 7,000.00 6,000.00 5,000.00 7,000.00 3,500.00 12,000.00 1,000.00 3,500.00 7,000.00 57,000.00 Account No. CD1 10 3089.6416 CD1 11 4701.6406 CD1 11 4701.6415 TOTAL Revenue Accounts Model Transition Program Dislocated Worker Disability Program Navigator Amount 24,000.00 22,500.00 10,500.00 57,000.00 Moved by: Mr. Reynolds Seconded by: Mr. Truax Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 122-08 TRANSFER OF FUNDS WITHIN COUNTY ATTORNEY ACCOUNT Offered by: Ways and Means Committee RESOLVED: 1. That the sum of $43 is transferred from Account No. A1420.407 (Books and Supplies) to Account No. A1420.201 (Equipment) to cover the cost for the purchase of a new desk for the Secretary to the County Attorney. 2. This resolution shall take effect July 15, 2008. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 14 Ayes, 1 No, 0 Absent Voting No: Kruger AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Hopkins and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $5,386,711.47 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $4,794,991.) 128 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ADJOURNMENT: The meeting was adjourned on a motion made by Legislator Reynolds, seconded by Legislator Pullen and carried. -------- REGULAR SESSION - JULY 28, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 14 Present; 1 Absent (Legislator O’Grady). APPROVAL OF MINUTES: The Board meeting minutes of July 14, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried. PRIVILEGE OF THE FLOOR: Chairman Crandall granted privilege of the floor to Public Health Director Lori Ballengee, who spoke about the Allegany County Cancer Services Colors for Life Cancer Awareness Night. Legislators were presented with t-shirts to commemorate this fundraising event, which will be held on Saturday, August 2, from 5 to 10 p.m., at the Wellsville Elementary School grounds. Some of the highlights include: cancer survivor victory lap, visionaries in honor and memory of loved ones, live music, gift basket auction, and food. Ms. Ballengee reminded everyone to get health screenings. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Chairman Crandall presented a Certificate of Recognition to the Town of Centerville in honor of their Bicentennial Celebration at a special ceremony on July 19. 2. A reminder was given for an invitation to attend and present trophies for the Annual Kids’ Fishing Contest at the Andover Wetlands on August 2 from 8 a.m. to 3 p.m. 3. A reminder was announced for the ACCORD/Allegany Business Center Graduation Ceremony for the Entrepreneurial Assistance Program on July 30. 4. A reminder was given for the Department of Environmental Conservation’s public hearing on their proposed rule to eliminate open burning. The public hearing will be held on Thursday, August 7 from 5 to 8 p.m. in the Legislative Board Chambers. An information session has also been scheduled from 4 to 5 p.m. 5. An invitation was received to attend the Summer Youth Employment Program (SYEP) Legislators’ Luncheon and Open House on July 30 at 12:30 p.m. at the BOCES Career and Technical Center in Belmont. APPOINTMENT: Chairman Crandall, in a joint measure with Crystal Abers, Chairman of the Cattaraugus County Board of Legislators, has appointed the following to serve on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD YOUTH COUNCIL: 129 BOARD OF LEGISLATORS SESSION MINUTES, JULY 28, 2008 Vicky Vecchiarella of Olean, NY, for a term expiring December 31, 2009 Linda Edstrom of Olean, NY, for a term expiring December 31, 2009 Becky Brown of Belmont, NY, to replace Kim Whitney for the remainder of her two-year term expiring December 31, 2008 PROCLAMATION: Chairman Crandall will be proclaiming the week of August 1-7, 2008 as Breastfeeding Week in the County of Allegany, with the proclamation to be read at the annual picnic next week. The Chairman is calling upon the people of the County to work together to encourage, support, and promote breastfeeding as a high priority for healthier families. RESOLUTIONS: RESOLUTION NO. 123-08 RESOLUTION TO REQUEST GOVERNOR PATERSON AND NEW YORK STATE LEGISLATURE TO ADVANCE FUNDING AND EXPEDITE THE TIMETABLES TO COMPLETE THE APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM (CORRIDOR U-1 I-99 AND CORRIDOR T I-86) Offered by: Public Works Committee WHEREAS, Governors have made commitments improvement of the economy of “Upstate” New York, and to the revitalization and WHEREAS, Steuben County, along U.S. Route 15 (I-99), and thirteen other counties along U.S. Route 17 (I-86) corridor make up the three Local Development Districts in the thirteen state Appalachian Regional Commission, and WHEREAS, U.S. Route 15 (I-99) Corridor U-1 and U.S. Route 17 (I-86) Corridor T are New York State's section of the thirteen state Appalachian Development Highway System (the “ADHS”) and as such are eligible for Appalachian funding, and WHEREAS, completing the I-99 U-1 Corridor fulfills the desires of both the Commonwealth of Pennsylvania and the State of New York to accelerate economic development opportunities in the area of Appalachia as well as respond to the increasing traffic volumes (primarily commercial vehicles) in the Route 15 Corridor since the passage of the North American Free Trade Agreement, and WHEREAS, U.S. Route 15 is the only north/south route in Central Pennsylvania that serves as a vital and direct link between western New York and Canada and the ports of Baltimore and Philadelphia and the mid-Atlantic states, and WHEREAS, completing Corridor T, which terminates in Broome County at I-81, and the U-1 Corridor in Steuben County will complete the ADHS in New York State, and WHEREAS, the New York I-86 Economic Development Benefit Study, issued in January 2000, which was widely accepted and quoted at all levels of government, called for an aggressive eight-year construction period that would result in a 3.2 billion dollar direct economic benefit to communities along the I-86 Highway Corridor once the conversion has been completed, and WHEREAS, Governor Pataki and the New York State Department of Transportation committed to a ten-to-twelve year construction program to complete the Route 17 conversion to I-86 beginning with the first designation (177 miles Chemung County west to Pennsylvania) on December 3, 1999, and 130 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS WHEREAS, the Pennsylvania Department of Transportation has projected a completion date for the conversion of Route 15 to Interstate standards (I-99) to the New York State border by the end of 2010, and WHEREAS, the designation of New York State Route 17 to I-86 and Route 15 to I-99 will provide a highway network with connection to every Interstate Highway located within New York State and Interstates leading into Pennsylvania, and WHEREAS, the Appalachian Regional Commission has recently released a study the “Economic Impact of Completing the Appalachian Development Highway System” stating that “Completion of the Appalachian Development Highway System (ADHS) would yield significant economic benefits for both the Appalachian Region and the nation … By facilitating national freight flows, reducing travel times, improving safety, and enhancing access to markets, completion of the ADHS would create new jobs and greater value-added activity, returning $3 in economic benefits to the nation for every $1 spent to complete the system,” now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators does hereby express its support for those projects contained within the 2005 Transportation Bond Act and the Transportation Plan for the State of New York Department of Transportation. 2. That this Board does hereby urge the Governor and the New York State Legislature to advance funding necessary to expedite the timetables set forth and complete the ADHS in New York State and meet the Pennsylvania Department of Transportation's timetable. 3. That the Clerk of this Board is hereby authorized and directed to forward a certified copy of this resolution to Governor David A. Paterson, Senate Temporary President and Majority Leader Joseph Bruno, Speaker of the Assembly Sheldon Silver, State Senator Catharine M. Young and Assemblymen Daniel J. Burling and Joseph M. Giglio, Transportation Commissioner Astrid Glynn, Senate Transportation Committee Chairman Thomas W. Libous, Assembly Standing Committee on Transportation Chairman David Gantt, Empire State Development Corporation Chairman Robert G. Wilmers, the New York State Association of Counties, the fourteen counties bordering I-86, the InterCounty Association of Western New York, and the Rural Association of Mayors/Supervisors (Allegany County). Moved by: Mr. Fanton Seconded by: Mr. McCormick Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 124-08 RESOLUTION APPROVING THE ALLEGANY COUNTY COMPREHENSIVE PLAN Offered by: Ways and Means Committee WHEREAS, the proposed Allegany County Comprehensive Plan has undergone the appropriate environmental review, and WHEREAS, the proposed Allegany County Comprehensive Plan has been referred to the county and regional planning boards as well as to the legislative bodies and to the planning boards of each municipality within Allegany County for review and recommendation, and 131 BOARD OF LEGISLATORS SESSION MINUTES, JULY 28, 2008 WHEREAS, upon proper notice being given a public hearing was held on June 23, 2008 with regard to the proposed Allegany County Comprehensive Plan, and WHEREAS, there has been no public comment or objections noted to the proposed Allegany County Comprehensive Plan, and WHEREAS, it appears that all appropriate legal steps leading up to the adoption of the proposed Allegany County Comprehensive Plan have been taken and that adoption of the proposed Allegany County Comprehensive Plan is in the best interest of the County, now, therefore, be it RESOLVED: 1. That Allegany County does hereby adopt the proposed Allegany County Comprehensive Plan as its county comprehensive plan. 2. That the Clerk of the Board of Legislators is authorized and directed to file the County Comprehensive Plan in the Office of the County Clerk and file a copy of the same in the Office of the County Planning Board, with the Secretary of State, and with the clerk of each town and village within Allegany County. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent Comments made regarding Resolution No. 124-08 included: Several of the legislators expressed their appreciation to all those who worked diligently on the Comprehensive Plan project. Chairman Crandall recognized the Comprehensive Planning Committee members: Charles Jessup (Chair), Theodore Hopkins, Lee Gridley, Ronald Stuck, Brent Reynolds, Frederick Sinclair, and Edward Eicher. (Legislator Hopkins noted that Chairman Crandall was also an active participant and had input on the plan.) The adoption of the Comprehensive Plan has great historical significance, as it’s the first time the County has had one, even though a lot of work had been done over the years, and the groundwork was in place. This plan will be a living document. One section deals with implementation and updating. In 2011, another group will take a look at the plan to upgrade and amend what needs to be done at that time. Having the Comprehensive Plan in place will make a difference when applying for grants, not just for County departments, but also for other agencies and not-for-profit organizations. RESOLUTION NO. 125-08 RESOLUTION DISSOLVING THE COUNTY COMPREHENSIVE PLAN COMMITTEE; CREATING THE COMPREHENSIVE PLAN IMPLEMENTATION GROUP Offered by: Ways and Means Committee WHEREAS, the Comprehensive Plan Committee was charged with preparing the Allegany County Comprehensive Plan, and WHEREAS, the work of that committee is now complete with the adoption of the County Comprehensive Plan, and WHEREAS, the County Comprehensive Plan sets forth a number of goals for the future development of the County, and WHEREAS, the proper implementation of the County Comprehensive Plan will require an ongoing concerted effort, therefore, be it 132 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLVED: 1. That the Comprehensive Plan Planning Committee is hereby dissolved. 2. That a new committee to be known as the Comprehensive Plan Implementation Group consisting of seven (7) members, all of whom are to be residents of Allegany County, is hereby created. 3. That the Comprehensive Plan Implementation Group shall be responsible for developing plans for educating municipalities and the public about the County Comprehensive Plan and developing strategies for its implementation. 4. That the Chair of the Board of Legislators shall be responsible for making appointments to the committee. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 126-08 AMENDMENT OF NON-UNIT SALARY PLAN Offered by: Personnel Committee RESOLVED: 1. The title of Supervisor Public Health Education, Grade 6 in the Non-Unit Salary Plan is moved to the PEF Union Salary Plan and will remain in the same Grade 6 level. 2. This resolution shall take effect on July 29, 2008. Moved by: Mr. Hall Seconded by: Mr. Fanton Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: Regarding Resolution No. 126-08, the position of Supervisor Public Health Education was vacant at the time of the recognition of the PEF Union. It was agreed by the County and PEF that the title would go to the PEF Union when the position was filled, which it now is.) RESOLUTION NO. 127-08 UPGRADING ONE MOTOR VEHICLE CASHIER/EXAMINER AND ONE SENIOR MOTOR VEHICLE CASHIER EXAMINER IN COUNTY CLERK’S OFFICE DUE TO HUMAN RESOURCES AND CIVIL SERVICE DEPARTMENT REEVALUATION AND AMENDING UNIT SALARY PLAN Offered by: Personnel Committee WHEREAS, the Human Resources and Civil Service Department has upgraded one position of Motor Vehicle Cashier/Examiner and one position of Senior Motor Vehicle Cashier Examiner in the County Clerk’s Office, now, therefore, be it 133 BOARD OF LEGISLATORS SESSION MINUTES, JULY 28, 2008 RESOLVED: 1. That the position of Motor Vehicle Cashier/Examiner in the County Clerk’s Office is upgraded from Grade 6 to Grade 8 and the position of Senior Motor Vehicle Cashier Examiner is upgraded from Grade 8 to Grade 10 in the AFSCME Salary Plan. 2. This resolution shall take effect on January 1, 2009. Moved by: Mr. Hall Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: Regarding Resolution No. 127-08, the position upgrades followed Human Resources review and update of duties and job specifications based on New York State Department of Motor Vehicles expanded duty requirements. The new enhanced driver’s licenses will result in higher reimbursement that will more than cover the upgrades.) RESOLUTION NO. 128-08 ABOLISHING ONE POSITION OF SENIOR COUNSELOR AND FOUR POSITIONS OF EMPLOYMENT AND TRAINING COUNSELORS AND RECLASSIFICATION OF FOUR POSITIONS OF EMPLOYMENT AND TRAINING COUNSELORS (UNIT GRADE 15) TO SENIOR EMPLOYMENT COUNSELORS (UNIT GRADE 17) IN THE EMPLOYMENT AND TRAINING OFFICE Offered by: Personnel and Ways and Means Committees RESOLVED: 1. That one position of Senior Counselor is abolished and four positions of Employment and Training Counselors are abolished in the Office of Employment and Training. 2. That four positions of Employment and Training Counselors (Unit Salary Plan, Grade 15) are reclassified to Senior Employment Counselors (Unit Salary Plan, Grade 17), effective June 30, 2008. Moved by: Mr. Hall Seconded by: Mr. Fanton Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The request for Resolution No. 128-08 was in response to the resignation/retirement of a Senior Counselor effective June 27, 2008. The reclassification of positions was considered necessary as an option to distribute the workload among this group, given the ongoing decline in federal/state funding to support Employment and Training Center personnel. This action also provides the department with needed flexibility and a more consistent level of decision making responsibility among the counseling staff. The fiscal impact is an estimated savings of $39,800.) A motion was made by Legislator Ungermann and seconded by Legislator Kruger to TABLE Resolution Intro. No. 132-08 (Abolishing One Position of Deputy Sheriff and Creating One Position of Correction Officer and One Position of Corrections Sergeant in the Sheriff’s Department) in order to allow more time for study of the issue by Legislators, the County Attorney, and the County’s labor negotiator. The motion to table was DEFEATED following a roll call vote of 6 Ayes, 8 Noes, and 1 Absent (Voting No: Crandall, Dibble, Fanton, Hall, Hopkins, Pullen, Reynolds, Russo). 134 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 129-08 ABOLISHING ONE POSITION OF DEPUTY SHERIFF AND CREATING ONE POSITION OF CORRECTION OFFICER AND ONE POSITION OF CORRECTIONS SERGEANT IN THE SHERIFF’S DEPARTMENT Offered by: Public Safety Committee RESOLVED: 1. That one position of Deputy Sheriff is abolished in the Sheriff’s Department. 2. That one position of Correction Officer and one position of Corrections Sergeant are created in the Sheriff's Department. 3. That the Public Safety Committee approves the filling of the positions of Correction Officer and Corrections Sergeant created herein and refers the matter of the filling of such positions to the Ways and Means Committee. Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 10 Ayes, 4 Noes, 1 Absent Voting No: Benson, Kruger, Truax, Ungermann (Memo: Regarding Resolution No. 129-08, there is presently a vacant Deputy Sheriff position resulting from a retirement. The Sheriff requested that the vacant position be abolished and a new position of Correction Officer be created in its place, which would save substantially in training costs. There is also a vacancy in the Civil Division for a Civil Deputy due to a recent transfer. The Civil responsibilities will be assigned to an existing C-line Sergeant, which creates an opening on that shift for a Sergeant. The Sheriff would like to fill that vacancy with a Corrections Sergeant, as that will be the primary responsibility of that supervisory post.) Comments made regarding Resolution No. 129-08 included: Legislator Kruger noted that there are two separate issues combined in one resolution, and although he supports the Corrections Sergeant position, he is now compelled to not support either. Legislator Reynolds pointed out that there was a difference in opinion about the requirements to backfill or fill a position that doesn’t exist, but he’d still like to move the issue ahead. At some point it could be taken to arbitration to sort it out. Legislator Truax noted that could be addressed during the collective bargaining negotiations currently taking place. Legislator Reynolds noted that the contract can be interpreted a couple of different ways. Some feel that when the Deputy position became vacant, we should backfill from within and advance our own personnel. The Sheriff has the authority to control his employees, and if someone retires, he should be able to eliminate a position he feels is no longer needed. RESOLUTION NO. 130-08 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO BOARD OF ELECTIONS CONTRACTUAL EXPENSES ACCOUNT Offered by: Personnel and Ways and Means Committees RESOLVED: 1. That an amount not to exceed $10,000 is transferred from Account No. A1990.4 (Contingent) to various accounts within Account No. A1450 (Elections) to become compliant with the new HAVA regulations. 135 BOARD OF LEGISLATORS SESSION MINUTES, JULY 28, 2008 Moved by: Mr. Hall Seconded by: Mr. Pullen Adopted: Roll Call 10 Ayes, 4 Noes, 1 Absent Voting No: Kruger, McCormick, Russo, Truax (Memo: The transfer referred to in Resolution No. 130-08 is necessary to cover mandated expenses for the implementation of HAVA Ballot Marking Devices for each polling place in the County. None of these expenses were budgeted for services and training in 2008, as they were unanticipated. Included are costs associated with machine programming, truck rental and delivery of machines, extra custodian pay, and tech training.) Comments made regarding Resolution No. 130-08 included: Legislator Ungermann clarified that this was one of the problems with having the new voting system. The extra expenses for transporting machines to the polling places was impossible to budget for, and we were given no choice in the matter. Legislator Pullen noted that back when this issue was coming down from the federal and state governments, the County was assured that no local funds would be involved. We need to remind our state and federal representatives of this broken promise. Legislator Reynolds commented that we’re not only being mandated with the new machines, but now also have to transport them both ways to 34 different voting districts using an air-ride truck. The cost is prohibitive. Chairman Crandall will be writing a letter to our representatives listing the effects this issue will have on the County’s budget. RESOLUTION NO. 131-08 APPROVAL OF TRANSPORTATION OF PRESCHOOL CHILDREN WITH HANDICAPPING CONDITIONS AGREEMENTS WITH FOURTEEN CENTRAL SCHOOL DISTRICTS AND AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENTS Offered by: Human Services Committee WHEREAS, fourteen central school districts have agreed to provide transportation for County preschool children with handicapping conditions, now, therefore, be it RESOLVED: 1. That each Agreement titled “Agreement Concerning the Transportation of Preschool Children with Handicapping Conditions” for the period July 1, 2008 to June 30, 2009, with the respective Central School Districts of Alfred-Almond, Andover, Arkport, Belfast, Bolivar-Richburg, Canaseraga, Cuba-Rushford, Fillmore, Genesee Valley, Pioneer, Portville, Scio, Wellsville and Whitesville is approved; the Chairman of this Board being authorized to execute all such Agreements. Moved by: Mr. Truax Seconded by: Mr. Dibble Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent Comments made regarding Resolution No. 131-08: It was noted that this option for handling the handicapped preschool children transportation was initially spearheaded by former Legislator Lee Frair about 17 years ago, and it has saved the County a significant amount of money. Resolution Intro. No. 135-08 (Resolution Dated July 28, 2008; A Resolution Approving Applications to the State Comptroller’s Office in Connection with the Proposed Sewer District No. 1 and Water District No. 2) was not pre-filed and was considered from the floor on a motion made by Legislator Hall, seconded by Legislator Reynolds and carried. 136 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 132-08 RESOLUTION DATED JULY 28, 2008 A RESOLUTION APPROVING APPLICATIONS TO THE STATE COMPTROLLER'S OFFICE IN CONNECTION WITH THE PROPOSED SEWER DISTRICT NO. 1 AND WATER DISTRICT NO. 2 Offered by: Ways and Means Committee WHEREAS, after all proceedings were duly had and taken the County Board of Legislators has duly approved the establishment of Sewer District No. 1 and Water District No. 2 and the construction of the improvements therefor, subject to State Comptroller's approval as to the expenditures therefor, now, therefore, be it RESOLVED, by the County Board of Legislators of the County of Allegany, New York, as follows: Section 1. The applications to the State Comptroller's office attached hereto as Exhibit A and Exhibit B have been prepared at the direction of the Board of Legislators and the Board believes the contents of each application to be accurate. Section 2. The Board of Legislators has determined that the improvements for each of the proposed Districts are in the public interest and will not constitute an undue burden on the property which will bear the cost thereof and that all real property to be so assessed will be benefited by the proposed improvements and no benefited property has been excluded from the boundaries of the Districts. Section 3. This resolution shall take effect immediately. Moved by: Mr. Hall Seconded by: Mr. Reynolds Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The sewer and water districts referred to in Resolution No. 132-08 are located in the Towns of Amity and Angelica, and will provide service to the Crossroads Development Area.) Resolution Intro. No. 136-08 (Resolution Approving Agreement between the County of Allegany and the Allegany County Soil and Water Conservation District Concerning the Genesee River Hazard Mitigation Project) was not pre-filed and was considered from the floor on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried. RESOLUTION NO. 133-08 RESOLUTION APPROVING AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND THE ALLEGANY COUNTY SOIL AND WATER CONSERVATION DISTRICT CONCERNING THE GENESEE RIVER HAZARD MITIGATION PROJECT Offered by: Ways and Means Committee RESOLVED: 1. That the Agreement between the County of Allegany and the Allegany County Soil and Water Conservation District providing for the advancement of funds pending grant reimbursement is approved. 2. That the Chairman of this Board is authorized to execute such Agreement. 137 BOARD OF LEGISLATORS SESSION MINUTES, JULY 28, 2008 Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: Burdick (Memo: The agreement referred to in Resolution No. 133-08 will allow for the advancement of sufficient funds to the Soil and Water Conservation District pending receipt of FEMA and New York State funding, in order to begin work on two major Genesee River Hazard Mitigation Projects in the Towns of Amity and Belfast. The projects will mitigate the impact of river erosion which poses an immediate threat to private property, as well as a major state highway and railroad.) Resolution Intro. No. 137-08 (Resolution Directing Notice of District Review of Agricultural District Number One Pursuant to Section 303-a of the Agriculture and Markets Law) was not pre-filed and was considered from the floor on a motion made by Legislator Fanton, seconded by Legislator Pullen and carried. RESOLUTION NO. 134-08 RESOLUTION DIRECTING NOTICE OF DISTRICT REVIEW OF AGRICULTURAL DISTRICT NUMBER ONE PURSUANT TO SECTION 303-a OF THE AGRICULTURE AND MARKETS LAW Offered by: Public Works Committee WHEREAS, Agricultural District Number One, being within the Towns of Allen, Birdsall, Centerville, Caneadea, Hume, Granger, Grove, New Hudson and Rushford, was created by Resolution No. 162-2000 on July 10, 2000, and WHEREAS, pursuant to Agriculture and Markets Law § 303-a an eight year review of the District is required, now, therefore, be it RESOLVED: 1. That the Clerk of the Board of Legislators is directed to provide proper notice of such district review, which shall include publication of such notice in a newspaper having general circulation within the district, as provided for in Section 303-a subdivision 2.a. of the Agriculture and Markets Law. 2. That the County Agricultural and Farmland Protection Board is directed to prepare and file with the Board of Legislators a report in accordance with Section 303-a subdivision 2.b. of the Agriculture and Markets Law. Moved by: Mr. Fanton Seconded by: Mr. Hopkins Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent Resolution Intro. No. 138-08 (Resolution Requesting that Governor Paterson Disapprove Assembly Bill A11743 and Senate Bill S8699 as Detrimental to Law Enforcement and Public Safety) was not pre-filed and was considered from the floor on a motion made by Legislator Reynolds, seconded by Legislator Dibble and carried. 138 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 135-08 RESOLUTION REQUESTING THAT GOVERNOR PATERSON DISAPPROVE ASSEMBLY BILL A11743 AND SENATE BILL S8699 AS DETRIMENTAL TO LAW ENFORCEMENT AND PUBLIC SAFETY Offered by: Ways and Means Committee WHEREAS, both the New York State Assembly and the New York State Senate have passed legislation referred to as Assembly Bill A11743 and Senate Bill S8699, and WHEREAS, the primary focus of this bill was to deal with abuses involving pension fraud uncovered in several school districts across the State, and WHEREAS, the underlying problems involving pension fraud in school districts were not problems encountered in Allegany County, and WHEREAS, it has come to the attention of this Board that part of this legislation seeks to amend the requirements and procedures for obtaining a waiver under Section 211 of the Retirement and Social Security Law, and WHEREAS, in the area of law enforcement it is especially critical that the County has the ability to secure the services of highly trained and seasoned professionals, and WHEREAS, in both the District Attorney’s Office and the Sheriff’s Office the County currently employs key individuals who qualify under existing Section 211 waiver requirements, and WHEREAS, the proposed changes to the Section 211 waiver requirements will most likely result in the loss of these key individuals creating an immediate and serious detrimental impact on law enforcement and public safety in Allegany County, and WHEREAS, in the area of law enforcement this Board does not feel acceptable candidates to fill potential vacancies from the loss of these key individuals are readily available, and WHEREAS, this Board believes the underlying issues leading to the proposed legislation can be addressed in a manner that does not undermine law enforcement and public safety, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators hereby urges Governor Paterson to disapprove the bill in its present form. 2. That certified copies of this resolution shall be forwarded to Governor David A. Paterson, Senator Catharine M. Young and members of the Assembly Daniel J. Burling and Joseph M. Giglio. Moved by: Mr. Reynolds Seconded by: Mr. Dibble Adopted: Roll Call 12 Ayes, 2 Noes, 1 Absent Voting No: Kruger, Ungermann Comments made regarding Resolution No. 135-08 included: Assistant County Attorney Leslie Haggstrom summarized that the referenced bills address recent litigation involving attorneys under contract with school districts with memberships in the pension fund when 139 BOARD OF LEGISLATORS SESSION MINUTES, JULY 28, 2008 they weren’t eligible, or “double-dipping.” These bills are an overreaching way to avoid the problem, and inadvertently include some people who are retired law enforcement personnel drawing their pension, but also working part-time, which is entirely legal. The County currently has individuals working in the Offices of the Sheriff and the District Attorney under this latter scenario. This legislation would preclude them from continuing to provide their services and experience to the County at a good cost. Resolution Intro. No. 139-08 (Urging State of New York to Modify the Law and Regulations so as to Assist the Development of Oil and Gas Resources in the State) was not pre-filed and was considered from the floor on a motion made by Legislator Hall, seconded by Legislator McCormick and carried. RESOLUTION NO. 136-08 URGING STATE OF NEW YORK TO MODIFY THE LAW AND REGULATIONS SO AS TO ASSIST THE DEVELOPMENT OF OIL AND GAS RESOURCES IN THE STATE Offered by: Ways and Means Committee WHEREAS, several counties in the State of New York possess exploitable and valuable oil and gas resources, and WHEREAS, seventy to eighty percent of oil reserves are still in place in Allegany County, and WHEREAS, new technology has made the renewed production of oil and gas and a revitalization of the oil and gas industry in Allegany County and the State of New York possible, and WHEREAS, the recent rise in the price of oil has made it profitable to pursue oil and gas development if state regulations and policies are industry friendly, and WHEREAS, the Allegany County Board of Legislators had previously adopted Resolution No. 25-2008 urging the state to establish policies that will assist the development of oil and gas resources in the state, and WHEREAS, the State of New York through its laws and regulations unnecessarily restricts oil and gas drilling and production within certain geological formations, and WHEREAS, elimination of certain restrictions has the potential to provide significant economic benefits with little environmental impact, now, therefore, be it RESOLVED: 1. That New York State through the State Legislature and Department of Environmental Conservation modify New York State Environmental Conservation Law and regulations to eliminate oil well spacing and the gas-oil production ratio in the Upper Devonian Period, Canadaway Group Formations, as described in the Stratigraphic Section of Southwestern New York State maintained by the State Department of Environmental Conservation. 2. That certified copies of this resolution be mailed to New York State Governor David A. Paterson, NYS DEC Commissioner Peter Grannis, the Senate and Assembly EnCon Committee, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, NYSAC, and the InterCounty Association of Western New York. 140 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Moved by: Mr. Reynolds Seconded by: Mr. Dibble Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Hopkins and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $1,580,482.95 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $5,141,863.) COMMENTS: Chairman Crandall recognized Legislator Daniel Russo, who is the 2008 recipient of the New York Collegiate Baseball League Eddie and Mini Daub Award for outstanding contributions to the league. Legislator Russo has spent the past ten years as owner, general manager, and president of the Allegany County Nitros, and he serves as the treasurer for the New York Collegiate Baseball League. ADJOURNMENT: The meeting was adjourned at 2:47 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Kruger and carried. -------- REGULAR SESSION - AUGUST 11, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. APPROVAL OF MINUTES: The Board meeting minutes of July 28, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Pullen and carried. PRIVILEGE OF THE FLOOR: Chairman Crandall took the floor for the presentation of a Certificate of Appreciation to Dr. Robert Anderson, Director of the Community Services Agency, for his 25 years of service to Allegany County. Dr. Anderson began his employment in 1983 as Staff Psychologist, and became Director of Community Services in 1986. Community Services, through its contract with Allegany County Arc, has over 100 employees providing services and case management for those in need, and working toward the betterment of the County. Chairman Crandall granted privilege of the floor to the following: Social Services Commissioner Patricia Schmelzer recognized staff members of the Child Support Unit. Governor Paterson has proclaimed August as Child Support Month (Chairman Curtis W. Crandall will be issuing a similar proclamation later in this meeting). 141 BOARD OF LEGISLATORS SESSION MINUTES, AUGUST 11, 2008 Child support professionals in Allegany County currently serve more than 4,153 child support cases. The Unit collected over $6 million in child support during 2007, an increase of 4.89 percent over 2006. Commissioner Schmelzer presented certificates to: Barbara Benjamin, Deborah Biancuzzo, Diane Bunk, Andrea Fagan, Angela Freeman, Mary Ellen Fuller, Sheila Greene, Michael Hillman, Donald Horan, Nancy Houle, Danielle Keesler, Ruth Neely, Wendy Schoonover, Sharon Wallace, and Karen White. Court Facilities and County Space Needs Committee Chairman David Pullen read a statement regarding the Court Facilities Capital Plan: “Later today we are going to vote upon Resolution Intro. No. 140-08. If adopted, this resolution will approve the proposed Allegany County Court Facilities Capital Plan. The “Plan” is in the form of a letter that will be sent to the Office of Court Administration. It is approximately four and one-half pages long. It does not deal with any proposed renovations to the County Office Building, and does not authorize any spending or borrowing. It does not award any contracts. It is simply the Plan developed by the Court Facilities and County Space Needs Committee to submit to OCA for review and approval; nothing more; nothing less. It has taken Allegany County a long time to get to this point. I would like to give a short historical review of the events that brought us to the point where we can consider this resolution. In 1987, the State Legislature adopted a law known as the New York State Court Facilities Capital Plan Act. This law required every county and city to prepare and implement a “Court Facilities Capital Plan.” Each community was given two (2) years to complete its study, adopt its plan, and forward that plan to the Office of Court Administration. It is now 2008, and we still do not have a plan. We are twenty years overdue on sending a plan to OCA for consideration and approval. We have been warned repeatedly that we could face sanctions if we do not come into compliance with this law. Over the past twenty years, every other county, and most cities, in the state have developed their own plans and submitted them to OCA. Most of the other counties and cities have built facilities that will bring them into compliance. We are the only county in the state that has not done so. For the past two years, Allegany County has been working on its own “Court Facilities Capital Plan.” A new committee was established to deal with this mandate, as well as other space needs facing Allegany County. I was appointed to chair that committee. We have considered other issues, but our primary focus has been on the Court facilities. After considering various options, our committee settled upon a plan that calls for renovation of the existing Courthouse and construction of a three-story addition behind the existing Courthouse. The details are contained in the plan that is attached to the resolution. The Court Facilities and County Space Needs Committee unanimously adopted this Court Facilities Capital Plan. It represents the culmination of almost two years of work. Numerous designs and plans were considered, rejected, and reconsidered. The current design contained in the proposed Court Facilities Capital Plan incorporates numerous changes and compromises. I would like to emphasize some themes that our committee focused on as it developed this Capital Plan. The first theme involves expense. Our committee sought to keep the cost of this Capital Plan as low as possible. I believe we succeeded. The total cost for the renovation of the Courthouse and construction of the addition is less than $15 million. That number includes a contingency allowance of almost 25 percent. This projected cost is less than any other proposals given to us by our architects. The lower cost is the result of using the existing Courthouse and facilities wherever possible. The proposed Court facilities are significantly smaller than official OCA requirements. We sought and obtained several waivers and exemptions. The use of existing facilities should also reduce disruption and the expense involved in moving various offices and personnel during the construction phase. 142 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS A second theme involves flexibility. Other counties have designed and constructed facilities only to find that they were too small or unsuited for current requirements. To avoid that problem, we incorporated several thousand square feet of “shell space.” This is enclosed but unassigned space within the new building. Every other county we spoke to strongly recommended such an approach. Shell space saves us money now compared to building finished space. It also saves money in the future when it can be finished for a fraction of the cost of building from scratch. This approach reduces current cost while giving maximum flexibility to meet future needs. A third theme involves aesthetics, or appearances. The existing facilities are frequently complimented and appreciated. Many judges and attorneys, as well as others, urged us to preserve our beautiful “classic Courthouse.” We have managed to do so, and to save money in the process. In that process, we have made the existing Courthouse fully handicapped accessible, and have increased its functionality. I will close by referring to something else that we learned as we studied and worked on this Capital Plan. There is no question that capital projects are expensive. However, there is also no question that construction costs increase faster than most other costs in our economy. Some may point to facilities built by other counties for significantly less than the projected cost of our Capital Plan. However, when you factor in the increases due to inflation, the costs for our project are comparable or cheaper than most of those other projects. Whether right or wrong, our County chose not to approve a capital plan until now. By waiting we have incurred increased costs. The only guarantee that I can give is that the costs will continue to increase. It will never be cheaper to build a new Courthouse than now. If Resolution Intro. No. 140-08 is approved, the Allegany County Court Facilities Capital Plan will be sent to OCA. That agency will review it. There is no guarantee that they will approve it as submitted, though I am optimistic that they will do so. Once this plan, or some variation of it, is approved, this Board will have to make decisions regarding financing, contracts, timetable, and numerous other issues. However, those decisions must wait for another day. Today the only issue is whether we approve this resolution and adopt a proposed Court Facilities Capital Plan. None of us wanted to build new Court facilities at this time. That responsibility was pushed onto us by the actions (or inactions) of our predecessors, and by OCA. Now that we are faced with this reality, we need to act responsibly. I believe the most responsible action we can take is to approve the Court Facilities Capital Plan that is before us today. I strongly encourage each of you to vote yes on this resolution.” ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk for review was a copy of the minutes of the July 28, 2008 meeting of the Committee of the Whole. 2. Also placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for July 2008. 3. A notice was received for the next InterCounty Association meeting to be hosted by Wayne County on August 15, 2008. 4. A reminder was announced for the annual Allegany County Planning Board picnic to be held at the Crossroads Conference Center on August 20. 143 BOARD OF LEGISLATORS SESSION MINUTES, AUGUST 11, 2008 5. Correspondence and a resolution were received from the Allegany County Pomona Grange #45 opposing any ban by the Department of Environmental Conservation on open burning for the citizens of New York State. 6. Correspondence was received from the following expressing support for accepting the New York State Public Safety Interoperable Communications (PSIC) grant in the amount of $1,700,475.96: Jeff Luckey, Chairman of the Allegany County Fire Advisory Board William Zacher, Supervisor of the Town of Friendship Peter Hotchkiss, President of the Rushford Volunteer Fire Department Peter Liebig, Team Leader of the Allegany County Fire Investigation Team Tamara Burdick, Secretary for the Allegany County D-4 – Alfred, Alfred Station, Almond, Andover Tamara Burdick, EMS Assistant Chief for the A.E. Crandall Hook and Ladder APPOINTMENTS: Chairman Crandall reappointed Karl D. Kruger of Friendship, NY to the CHAUTAUQUA, CATTARAUGUS, ALLEGANY AND STEUBEN SOUTHERN TIER EXTENSION RAILROAD AUTHORITY for a three-year term commencing August 28, 2008 and expiring August 27, 2011, subject to confirmation by the Board of Legislators. Chairman Crandall appointed Gretchen T. Gary of Belfast, NY to fill the unexpired term of Joseph Orosz as the County Representative member to the RESOURCE CONSERVATION AND DEVELOPMENT BOARD, effective immediately, to serve at his pleasure. Chairman Crandall appointed the following as members of the COMPREHENSIVE PLAN IMPLEMENTATION GROUP, effective immediately, to serve at his pleasure: Charles Jessup, Alfred Station Frederick Sinclair, Scio Edward Eicher, Wellsville Lee Gridley, Wellsville Theodore L. Hopkins, Fillmore Ronald Stuck, Friendship PROCLAMATION: Chairman Crandall proclaimed August 2008 as Child Support Month in Allegany County in recognition of the child support professionals who are committed and passionate about ensuring that children receive all the support to which they are entitled, as this can have an immeasurable impact on all aspects of a child’s being, with permanent and lifelong effects. RESOLUTIONS: RESOLUTION NO. 137-08 RESOLUTION APPROVING THE ALLEGANY COUNTY COURT FACILITIES CAPITAL PLAN Offered by: Court Facilities and County Space Needs Committee RESOLVED: 1. That the Allegany County Court Facilities Capital Plan is approved. 144 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Moved by: Mr. Pullen Adopted: Roll Call Seconded by: Mr. Hall 9 Ayes, 6 Noes, 0 Absent Voting No: Burdick, Kruger, McCormick, Russo, Truax, Ungermann (Memo: The Allegany County Court Facilities Capital Plan approved by Resolution No. 13708 complies with the requirements set forth in the 1987 New York State Court Facilities Capital Plan Act. The Allegany County Plan calls for the construction of an addition to the back of the existing Courthouse and renovations on the first and second floor of the Courthouse. Fiscal impact for Court-related construction and renovation is approximately $13.787 million. The entire project proposed by the Court Facilities and County Space Needs Committee also includes the complete renovation of the former County Jail on the third floor of the County Office Building, as well as other Office Building renovations, for an estimated additional $4.897 million.) Comments made regarding Resolution No. 137-08: Legislator Kruger recognized the substantial efforts of the Court Facilities and County Space Needs Committee on their work on the Court Facilities Capital Plan; however, he would not support the resolution. He read the following prepared statement: “This vote today is very premature. There are still too many questions left, not only unanswered, but not even seriously discussed. Some of these unanswered questions will increase the cost of this Court project dramatically, and I mean by many millions of dollars. To support this resolution now is an implied confirmation to the State and OCA that you will vote to fund this state project with local tax dollars at a later date. I have provided a copy of the tax rates for the towns in this County. I hope you all took time to review them and consider the burden that will be added to not only our elderly and working poor, but to our business-owners as well. I hope you have not forgotten the letters we received from some of our largest employers requesting that we not add the burden of a new Courthouse to their cost of doing business in Allegany County. There are also political reasons for not supporting this resolution. Ten of our predecessors are not here today because they did not remember which master they serve. They folded in to the State’s whims and built a new jail that was neither mandated, nor needed. Let the State mandate this project, then impose sanctions on us. This will put the political fire right where it belongs – on the feet of those state representatives that either impose this nonsense or sit idly by and allow it to happen. Last Monday evening, I was watching C-Span. A man named Walter Williams, a syndicated columnist from Valley Forge, Pennsylvania, was giving a lecture to some college students about democracy. Some of his comments hit home with me. He claimed our founding fathers intended for us to have a republic. When we pledge allegiance to the flag we say, “and to the republic for which it stands.” He said our founding fathers were scared to death of democracy because majority rules no matter what. They knew that people could be pressured into voting for anything. He gave an example of why majority rule is not always best: a group of guys holds a vote to do a gang-rape, and it turns out the majority vote yes. It is still very wrong to do. In my mind this vote calls for the answer to two questions from each one of us today: (1) Do you want to be on the affirmative side of a vote that symbolically commits gang-rape on the elderly, working poor, and business-owner taxpayers of Allegany County? (2) Which master do you serve – the ones that elected you to your seat, or the ones in Albany?” 145 BOARD OF LEGISLATORS SESSION MINUTES, AUGUST 11, 2008 Legislator Ungermann made note of all the time and work that went into the Capital Plan, and also that he spent a lot of time investigating the issue. He read the following prepared statement: “First I would like to express my concerns about the accuracy of Ciminelli’s estimates and not having everything included. Ciminelli was the construction manager for the new jail. They came back to Allegany County and received over $150,000 extra money because they underestimated their time on the project. At one of the very first meetings I attended as a County Legislator on the Public Works Committee, they were back again asking for $60,000 more, which they did not get. There was also a question about insulation being left out. A good construction manager would have caught that before construction began and probably have thrown that bid out because it was not included. We very well could have not had the low bid for that portion of the project. I also express my concerns that everything be included up front as much as possible. After all, we built a $24 million jail with no water running to it. It was only when the jail was ready that we hurriedly contracted for that to be done. When Mr. Pullen didn’t like the idea of the Court floors not lining up in the proposed addition, he asked that the ground floor be lowered 18 inches, creating a problem with the Sally port entrance and the walk through entrance being below grade. That results in most of the rear parking lot having to be removed and replaced. Only 1,400 square yards of blacktop repair is called for in the estimate. I think you’re about $100,000 short to correct this problem. I also noticed that only $160 is allowed for a judge’s chair . . . the chairs we’re sitting in right now probably cost that much 32 years ago! If you’re satisfied with Ciminelli’s estimates, apply these figures to the old jail space for Court facilities and you come up with a $1.7 million project; add a couple hundred thousand for a roof over the exercise area and the total cost would be $2 million, with no parking loss. On April 7, 2008, Ed Rodman said he could use the old jail space if told to do so when questioned by Judge Nenno. Who does this Legislature represent . . . the State of New York or the Allegany County taxpayers? New York State, according to NYSAC, is 79 percent above the national average for property taxes. Governor Paterson has called the State Legislature back into session to deal with a $1 billion deficit since April. Allegany County is at 91 percent of its constitutional taxing limit, and we want to spend $20 million or more on a Courthouse, with no money in reserves? Dozens of our citizens came to the public hearing regarding a ban on open burning last Thursday night and said that they are regulated and taxed to death. They told the DEC that they were driving us out of the state, and again, we want to spend $20 million on a Courthouse? The average per capita income for Allegany County is less than $15,000, with a family of four at $32,000, and chances are, with no health insurance. Judge Pfau and Judge Townsend, as well as Andrew Isenberg, Bill Clark, Ron Younkins, and Ed Rodman’s average salary with benefits is $183,000 per year. Is it any wonder why Mr. Isenberg doesn’t care what this project costs? Ten or fifteen thousand in property taxes is nothing to him. These people are asking us to ante up so they can bask in the glory of their jobs. Are we nothing more than lowly serfs to them? The people I represent are the Vietnam vet in a wheel chair and one of my high school classmates who lost his home because he couldn’t pay his taxes. I represent the dozens of hardworking people that came here last Thursday night to air their views. 146 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Many of us won’t be around for 25 more years to see this or the new jail paid for. I’ll be 90 by that time. This is going to be your legacy. Do you want to further drive property values down and people from their homes and the state? How about your kids and grandkids – do you want them to leave, too? We’ve been awarded $1.7 million to update our emergency communication system with the local share being $441,000. What is more important – something that will benefit everyone, or a Court system that will benefit only 15 to 20 percent of the population?” Legislator Reynolds commented that none of the legislators want to have to spend that money. He also noted that one of Mr. Kruger’s comments about the number of legislators left is not true because five of the previous legislators didn’t even run again. Legislator McCormick spoke with people in Andover and Wellsville, and he did not receive a positive feedback. If the legislature didn’t pass this resolution, it would put the burden back on the OCA, our state representatives, and Governor Paterson. Mr. McCormick asked for a “no” vote on behalf of the taxpayers. Legislator Pullen stated that he had no doubts that the County will face sanctions from the state if the Capital Plan resolution is voted down. Other municipalities have been sanctioned in the past, so the state has proven they are willing and able to do it. The only thing accomplished by delaying this long was increased costs. This Board will be able to reduce other costs as much as possible and maintain a tax level that we can handle. If we face sanctions in the form of withheld state aid, the impact will be double-digit tax increases much greater than we’ve had in the past. Mediation prior to the sanction will be simply discussion between involved parties, not arbitration. Every time in the past when sanctions have been imposed, mediation did not result in waivers; they did not have authority to do that. Allegany County has already received written notification that we are on the verge of being sanctioned. Mr. Pullen was told the only thing the official sanction letter is lacking is a date. Legislator Burdick noted his reason for non-support is that although he understands we have to address the Court facilities, he disagrees on spending $5 million for County Office Building renovations on top of the Court-related expenses. Legislator O’Grady commented that he would support this resolution, because he will feel more comfortable to vote down funding later if there is a plan in place when the state’s sanction is imposed. Legislator Reynolds stated that supporting the resolution was the responsible thing to do. Trying to rebuke the OCA might make those in non-support sound like heroes, but these actions will be detrimental to the taxpayers. Legislator Kruger responded that he hasn’t forgotten the people who put him here to do a job, and if this resolution came before the taxpayers, it wouldn’t pass. He’s going to represent their wishes, in spite of sanctions. Legislator McCormick also commented that he was representing the taxpayers, and he has problems with the project. The financial hurdle is huge. RESOLUTION NO. 138-08 AMENDMENT OF RESOLUTION NO. 192-89 TO INCREASE AMOUNT OF COUNTY OFFICE FOR THE AGING'S PETTY CASH FUND FROM $75 TO $200 Offered by: Human Services and Ways and Means Committee 147 BOARD OF LEGISLATORS SESSION MINUTES, AUGUST 11, 2008 RESOLVED: 1. That Section 1. of Resolution No. 192-89 is amended to read as follows: 1. There is hereby established a revolving petty cash fund for the County Office for the Aging at its office in Belmont, New York, in the amount of $200, to be used for those purposes authorized by Section 371 of the County Law. Moved by: Mr. Truax Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 139-08 ACCEPTING AND APPROPRIATING ADDITIONAL FEDERAL AND STATE FUNDING TO OFFICE FOR THE AGING ACCOUNTS Offered by: Human Services and Ways and Means Committees RESOLVED: 1. That the sum of $62,456 of additional federal and state funding to Office for the Aging Appropriation and Revenue Accounts is accepted. 2. That the accepted sum of $62,456 is appropriated as follows: Appropriation Accounts A6773.4 A6776.4 A6777.4 A6778.4 A6779.4 A6781.4 A6786.4 Total Amount $ 716 4,527 4,500 2,133 43,676 649 6,255 $62,456 Revenue Accounts A09.2801.40 A10.3772.00 A10.3772.01 A10.3772.03 A11.4772.01 A11.4772.05 A11.4772.10 Total Amount $ 4,500 2,133 43,676 4,527 716 649 6,255 $62,456 Moved by: Mr. Hopkins Seconded by: Mr. Truax Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION INTRO. NO. 143-08 (ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE UNDER THE FY07 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROGRAM CONTINGENT ON IDENTIFYING A SOURCE OF LOCAL COUNTY SHARE) was TABLED following a motion made by Legislator Dibble, seconded by Legislator Fanton and carried. 148 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 140-08 ACCEPTANCE OF UNITED WAY PAYROLL DEDUCTIONS FROM STEVE BROWN, TIM DUNHAM, AND RANDY HARMS; APPROPRIATION OF FUNDS TO EMERGENCY SERVICES CONTRACTUAL EXPENSES ACCOUNT Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. That the sum of $208 of United Way payroll deductions from Steve Brown, Tim Dunham, and Randy Harms is accepted. 2. That the accepted sum of $208 is appropriated to Account No. A3640.422 (Emergency Services - Gas & Oil), with a like sum credited to Revenue Account No. A02.1589.02 Moved by: Mr. Dibble Seconded by: Mr. Reynolds Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 141-08 APPROVING AGREEMENTS BETWEEN COUNTY OF ALLEGANY, ACTING BY AND THROUGH ITS OFFICE FOR THE AGING, AND PRESTIGE SERVICES, INC. FOR HOME-DELIVERED MEAL PROGRAM FOR CALENDAR YEARS 2009 AND 2010; AUTHORIZING EXECUTION OF AGREEMENTS Offered by: Human Services and Ways and Means Committees RESOLVED: 1. That Agreements for the preparation of home-delivered meals for calendar years 2009 and 2010, dated August 1, 2008, between the County of Allegany, acting by and through its Office for the Aging, and Prestige Services, Inc., are approved. 2. That the Director of the Office for the Aging is authorized to execute the Agreements. Moved by: Mr. Truax Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The agreements approved by Resolution No. 141-08 include provision of meals for 2009 at $3.58 per meal, and for 2010 at $3.72 per meal. The fiscal impact for 2009 is an increase of $24,070.) Resolution Intro. No. 146-08 (Approval of License Agreement with the New York State Office for Technology’s Contractor, M/A-Com, Inc., a Florida Corporation, for Construction of a New Self-Supporting Radio Tower) was not pre-filed and was considered from the floor on a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried. 149 BOARD OF LEGISLATORS SESSION MINUTES, AUGUST 11, 2008 RESOLUTION NO. 142-08 APPROVAL OF LICENSE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR TECHNOLOGY'S CONTRACTOR, M/A-COM, INC., A FLORIDA CORPORATION, FOR CONSTRUCTION OF A NEW SELF-SUPPORTING RADIO TOWER Offered by: Public Safety Committee WHEREAS, the Corbin Hill Tower Site is owned by the County of Allegany, and WHEREAS, the New York State Office for Technology's Contractor, M/A-COM, Inc. is requesting a license agreement for access and use of the County-owned Corbin Hill Tower Site, and WHEREAS, this license agreement will allow construction of a new 300 foot selfsupporting radio tower at no cost to the County, and will be part of the new State-wide Wireless Network communications system, now, therefore, be it RESOLVED: 1. That the license agreement with the New York State Office for Technology's Contractor, M/A-COM, Inc. for the construction of a new 300 foot self-supporting radio tower, is approved. 2. That the Chairman of this Board is authorized to execute such license agreement. Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent Comments made regarding Resolution No. 142-08 included: Office of Emergency Services Director John Tucker explained that the Statewide Wireless Network (SWN) involves installation of public safety radio communications towers at the state’s expense, with no local cost. Chautauqua County has had theirs installed, and they are currently being tested. The installation in Allegany County will be constructed on the Corbin Hill site, and the County would have access to the new tower for our equipment. Allegany County will be a gateway link, using our own equipment, but communication would be greatly enhanced. Legislator O’Grady questioned that if they build the tower and we put our equipment on it, are we obligated to switch over to the 800 megahertz system? Mr. Tucker responded that we signed on as a gateway to access the state system with our equipment. We will be incorporating our equipment. Chautauqua County originally was going to switch, but decided not to. They had three towers built. In Allegany County, the SWN is looking at the Corbin Hill site and another site in the Town of Grove. Legislator Ungermann questioned if any equipment would be placed on private towers. Mr. Tucker noted that the SWN was first looking at towers owned by the state, then at current towers, and third, to build new towers. This agreement only allows access to the site. AUDITS: A motion was made by Legislator Truax, seconded by Legislator Pullen and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Pullen and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling 150 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS $4,125,084.41, including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $5,488,735.) ADJOURNMENT: The meeting was adjourned at 3:00 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Hall and carried. -------- REGULAR SESSION - AUGUST 25, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall. The American Legion Color Guard led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. APPROVAL OF MINUTES: The Committee of the Whole meeting minutes of July 28, 2008 were approved on a motion made by Legislator Reynolds, seconded by Legislator Dibble and carried. The Board meeting minutes of August 11, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried. PRIVILEGE OF THE FLOOR: Chairman Crandall took the floor to present a Certificate of Recognition to Cariad (Cary) Chester from Alfred, who was selected as one of the two 2008 New York State Boys State delegates to Boys Nation, a program sponsored by the American Legion. Walt Lindsley, American Legion’s representative in Allegany County, and an American Legion Color Guard were present to honor Cary. Mr. Crandall stated that Mr. Chester’s selection for Boys Nation is a big honor for him, as well as for Allegany County. Cary is a student at Alfred-Almond Central School, and was one of two delegates, or “Senators,” chosen from the 990 New York State Boys State participants to attend Boys Nation, which included 98 representatives from throughout the United States. Selection was based on leadership skills, academic record, and activity at Boys State. The program introduces participants to the structure and function of the federal government, while combining lectures and forums with visitations to federal agencies, institutions, memorials, and historical spots in and around Washington, DC. American Legion representative Walt Lindsley spoke briefly about the Boys State program, for which he has volunteered as a counselor every year since his retirement. Allegany County sends between 15 and 22 boys each year, and they are great young men who attend. He felt honored that Cary was selected for Boys Nation. The American Legion doesn’t have a finer program than Boys State. Cary Chester thanked the Board for the honor, and noted that the Legionnaires deserve credit for the Boys State program. He had a wonderful time, and was amazed when he found out he had been chosen for Boys Nation. Cary met President Bush and Senator John Kerry, had the opportunity to speak with Senator Hillary Rodham Clinton, and met a lot of great kids. While at Boys Nation, participants worked on legislation. Everyone brought a bill with them, and they spent five to six hours a day debating them in mock session. Some 151 BOARD OF LEGISLATORS SESSION MINUTES, AUGUST 25, 2008 bills were actually looked at by the President and Senators. Cary stated that he could speak for hours on his experiences with this great program. Chairman Crandall granted privilege of the floor to Gretchen Gary, Soil and Water Conservation District Executive Director, to recognize three Allegany County farmers who will be receiving Agricultural Environmental Management (AEM) awards for outstanding stewardship and commitment to soil and water conservation. The farms include: Bainbridge Family Farm in West Almond, operated by Mark and Jackie Bainbridge; Hark Farm in Dalton, operated by Vance and Tammy Hark; and Hillcrest Homestead Farm in Rushford, operated by Aaron and Catherine Brooks. AEM is a voluntary, incentive-based program that helps farmers operate environmentally sound and economically viable businesses. There are presently 93 Allegany County farms participating. The three farms receiving awards in 2008 were selected for excellent environmental conservation practices, and will be given road signs to show their high level of commitment to protect our environment. Chairman Crandall also granted privilege of the floor to Robert P. Christian, Executive Director for the Allegany County Area Foundation, who thanked the Board for their support. The Foundation is proudly celebrating its 25th anniversary this year. Assets of the Foundation have grown to nearly $7 million, all coming from Allegany County people. In this current year, the number of scholarships awarded to young people will total 147, amounting to nearly $250,000; and grants totaling nearly $18,000 were given to local not-for-profit agencies. Although the organization is growing, alive, and well, they have had to turn down 80 student scholarship applications, and they are receiving more applications for grants than they will be able to meet this year. Mr. Christian requested continued support for Foundation activities, particularly their annual Recognition Banquet. He encouraged attendance, gifts of support, and sharing with constituents that the foundation is here to help the County to grow. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. The County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Lien in the Clerk of the Board’s Office pursuant to Article 11 of the Real Property Tax Law of the State of New York for property in the Town of Scio on August 22, 2008. 2. Correspondence was received from the Whitesville Fire Department requesting that the Board of Legislators vote in favor of accepting the NYS Public Safety Interoperable Communications Grant in the amount of $1,700,475.96. 3. Noted as received was the NYS Department of Environmental Conservation Fact Sheet dated August 2008 entitled, Cleanup to Begin at the Cuba Landfill Site. 4. A reminder was announced that there will be a Public Officials Conference tonight (August 25) at 5:30 p.m. at the Amity Rescue Squad, and a working buffet dinner will be provided. APPOINTMENTS: The Clerk of the Board announced that Chairman Crandall has reappointed Thomas Parmenter of Fillmore, NY, and Rodney K. Bennett of Dalton, NY, as Landowner Representative Members of the REGION 9 FOREST PRACTICE BOARD, for a term of three years, commencing September 9, 2008, and expiring September 8, 2011, subject to confirmation by the Board of Legislators. PROCLAMATIONS: Chairman Crandall proclaimed the week of August 24, 2008, as Agricultural Environmental Management Week in recognition of the important role of our farm community 152 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS in Allegany County, and urged all citizens to support the conservation efforts of our local farmers. Chairman Crandall proclaimed September 2008 as Allegany County Area Foundation Month to recognize the importance of support for educational, social, cultural, and civic projects in our communities, and encouraged the public to support the Foundation and its programs. INTRODUCTION OF LEGISLATION: Legislator Brent Reynolds introduced Local Law Intro. No. 3-2008, Print No. 1, entitled “A Local Law to Allow Cold War Veterans a Limited County Tax Exemption Pursuant to Section 458-b of the Real Property Tax Law,” a copy of said proposed Local Law having been placed on each legislator’s desk. RESOLUTIONS: A motion was made by Legislator Dibble, seconded by Legislator Reynolds and carried to remove from the table Resolution Intro. No. 143-08 (Acceptance of Grant Funds from New York State under the FY07 Public Safety Interoperable Communications [PSIC] Grant Program Contingent on Identifying a Source of Local County Share). This resolution was originally tabled on August 11, 2008. RESOLUTION NO. 143-08 ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE UNDER THE FY07 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROGRAM CONTINGENT ON IDENTIFYING A SOURCE OF LOCAL COUNTY SHARE Offered by: Public Safety and Ways and Means Committees WHEREAS, the County of Allegany was awarded grant funds in the amount of $1,700,475.96 under the FY07 Public Safety Interoperable Communications (PSIC) Grant Program, and WHEREAS, funding for this grant is provided by the National Telecommunications and Information Administration (NTIA), in consultation with the Department of Homeland Security (DHS), and will require a non-federal cash or in-kind match of $423,118.99, now, therefore, be it RESOLVED: 1. That a grant in the amount of $1,700,475.96 from New York State under the FY07 Public Safety Interoperable Communications (PSIC) Grant Program is accepted contingent on identifying a source for the $423,118.99 local County share match. Moved by: Mr. Dibble Seconded by: Mr. Reynolds Adopted: Roll Call 14 Ayes, 1 No, 0 Absent Voting No: McCormick (Memo: Resolution No. 143-08 references a grant including a project total of $2,123,594.80.) Comments made regarding Resolution No. 143-08: Legislator Ungermann questioned if this resolution and the Statewide Wireless Network (SWN) project resolution approved on August 11 were two completely separate issues, or if they would ever be combined. Sheriff Tompkins replied that the SWN project has nothing to do with the grant or what the County 153 BOARD OF LEGISLATORS SESSION MINUTES, AUGUST 25, 2008 will do with the grant; they are not related. Also of note is that the SWN project is severely over budget, and the technology is not working as anticipated, so its continuance is questionable. Legislators O’Grady and McCormick commented that they would feel more comfortable voting in favor of accepting the grant if a source for the local share was already identified without further burdening the taxpayers. Legislator McCormick suggested tabling the resolution again until at least 50 percent of the local match was identified. Legislator Kruger stated that the taxpayers will get something for this expenditure. He supported the resolution to alleviate some of the long-standing emergency communications problems. Legislator Pullen commented that this grant program will allow the purchase of $2.1 million worth of equipment to be used for the safety of the County. If it’s voted down due to the lack of the local share match, we lose $1.7 million that will not be found anywhere else. All the equipment has been identified as being needed, and supporting correspondence has been received from agencies that will benefit. Legislator O’Grady noted that the equipment would be purchased through state bid, but questioned if the resolution should identify the bid process for installation costs, or if that would be done anyway through standard County practice. County Attorney Thomas Miner advised that the hardware could be purchased from state bid without going to bid, and installation would have to be bid out. RESOLUTION NO. 144-08 RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW AUTHORIZING A LIMITED COUNTY TAX EXEMPTION FOR COLD WAR VETERANS Offered by: Personnel and Ways and Means Committees WHEREAS, on this 25th day of August, 2008, a local law (Intro. No. 3-2008, Print No. 1) was introduced authorizing a limited County tax exemption for Cold War Veterans pursuant to Section 458-b of the New York State Real Property Tax Law, and WHEREAS, it will be necessary to set a date for public hearing on said proposed law, now, therefore, be it RESOLVED: 1. That a public hearing shall be held on September 8, 2008 at 2:00 P.M. in the County Legislators’ Chambers, Room 221, County Office Building, Belmont, New York, before the Allegany County Board of Legislators, in relation to proposed Local Law Intro. No. 3-2008, Print No. 1. 2. That the Clerk of the Board of Legislators is directed to prepare, with the assistance of the County Attorney, a notice of said public hearing, to cause the publication of said notice in each of the two newspapers which have been officially designated by this Board to publish “notices,” and to affix a copy of said notice on the County bulletin board in the County Courthouse at Belmont, New York; both publication and posting to be made at least five days before the public hearing. Moved by: Mr. Hall Seconded by: Mr. Russo Adopted: Voice Vote 154 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Comments made regarding Resolution No. 144-08: Legislator Ungermann stated that he had no problem with setting a date for a public hearing, but reminded everyone that this would be tax exemption number 83 for the County, and somebody else will have to pay for this exemption. The Cold War Veterans’ exemption will be for virtually everyone who served in the military. Legislator Reynolds responded that he appreciated the comment, but if it weren’t for veterans, we wouldn’t have to worry about resolutions at all; they gave us our freedoms. RESOLUTION NO. 145-08 RESOLUTION IN SUPPORT OF THE ADOPTION OF ASSEMBLY BILL A10037A AND SENATE BILL S3619-A PROVIDING EXPANDED COVERAGE FOR BENEFITS AVAILABLE TO VOLUNTEER FIREMEN AND VOLUNTEER AMBULANCE WORKERS Offered by: Public Safety and Ways and Means Committees WHEREAS, there is currently pending before the New York State Assembly and the New York State Senate proposed legislation denominated Assembly Bill number A10037A and Senate Bill number S3619-A, and WHEREAS, the purpose of this law is to expand the scope of coverage for benefits available to a volunteer firefighter and volunteer ambulance worker when rendering medical assistance while off duty or outside his or her jurisdiction or area of responsibility, and WHEREAS, the legislation is designed to provide “good Samaritan” coverage to volunteer firefighters and ambulance workers when rendering medical assistance and thereby encourage the provision of emergency medical services by trained medical personnel, and WHEREAS, it is deemed to be in the best interests of the residents of Allegany County to eliminate current disincentives to the provision of such medical assistance, and WHEREAS, this Board is mindful of the selfless acts of its volunteer firefighters and EMS workers and supports legislation that recognizes such service while better defining the scope of coverage for benefits available under the Volunteer Firefighters’ Benefits Law and Volunteer Ambulance Workers’ Law, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators hereby urges the New York State Assembly and New York State Senate to pass the legislation known as Assembly Bill A10037A and Senate Bill S3619-A. 2. That certified copies of this resolution shall be forwarded to Senator Catharine M. Young and members of the Assembly Daniel J. Burling and Joseph M. Giglio. Moved by: Mr. Dibble Seconded by: Mr. Truax Adopted: Voice Vote 155 BOARD OF LEGISLATORS SESSION MINUTES, AUGUST 25, 2008 RESOLUTION NO. 146-08 RESOLUTION IN SUPPORT OF THE ADOPTION OF ASSEMBLY BILL A00514 AND SENATE BILL S7647 PROVIDING A SPECIAL UNIT WITHIN THE WORKERS’ COMPENSATION BOARD TO ASSIST INJURED VOLUNTEER FIREFIGHTERS, SURVIVING SPOUSES, AND BENEFICIARIES Offered by: Public Safety and Ways and Means Committees WHEREAS, there is currently pending before the New York State Assembly and the New York State Senate proposed legislation denominated Assembly Bill number A00514 and Senate Bill number S7647, and WHEREAS, the purpose of this law is to create a special unit within the Workers’ Compensation Board that will assist injured volunteer firefighters, surviving spouses, and other beneficiaries through the claims process, and WHEREAS, this Board is mindful of the difficulties faced by volunteer firefighters, surviving spouses, and beneficiaries in processing claims in a timely manner for benefits due to them, and WHEREAS, this Board believes that it is in the best interests of the residents of Allegany County to encourage such critical services by insuring that our volunteer firefighters and their families receive special assistance when seeking benefits under the Volunteer Firefighters’ Benefits Law and the Workers’ Compensation Law, now therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators hereby urges the New York State Assembly and New York State Senate to pass the legislation known as Assembly Bill A00514 and Senate Bill S7647. 2. That certified copies of this resolution shall be forwarded to Senator Catharine M. Young and members of the Assembly Daniel J. Burling and Joseph M. Giglio. Moved by: Mr. Dibble Seconded by: Mr. Truax Adopted: Voice Vote RESOLUTION NO. 147-08 CREATING ONE NEW PART-TIME POSITION OF E-911 ENUMERATOR Offered by: Personnel Committee RESOLVED: 1. That one new part-time position of E-911 Enumerator is created. 2. That the new part-time position of E-911 Enumerator is placed in Section 4 (Non-Graded Salary Plan) at an hourly rate of $10.00 per hour. 3. This resolution shall take effect on August 25, 2008. Moved by: Mr. Hall Seconded by: Mr. Fanton Adopted: Roll Call 12 Ayes, 3 Noes, 0 Absent Voting No: Hopkins, O’Grady, Pullen 156 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS (Memo: The E-911 Enumerator position created by Resolution No. 147-08 will be part-time at 17.5 hours per week to work with the Allegany County numbering system.) RESOLUTION NO. 148-08 TRANSFER OF FUNDS FROM RISK RETENTION CLAIMS APPROVED BY SUPREME COURT ACCOUNT TO RISK RETENTION PROFESSIONAL SERVICES ACCOUNT Offered by: Ways and Means Committee RESOLVED: 1. That the sum of $20,000 is transferred from Account No. CS1933.431 (Risk Retention, Claims Approved by Supreme Court) to Account No. CS1937.435 (Risk Retention, Professional Services). Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 149-08 APPROVAL OF LOCAL ENHANCED WIRELESS 911 GRANT PROGRAM AGREEMENT WITH NEW YORK STATE DEPARTMENT OF STATE; APPROPRIATION OF FUNDS TO ACCOUNTS TO BE DESIGNATED BY COUNTY TREASURER; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. That the Local Enhanced Wireless 911 Grant Program letter agreement between the New York State Department of State and the County of Allegany in the total amount of $28,501 is approved. 2. That the Fire Coordinator is authorized to file claims on behalf of the County and funds received pursuant to this agreement shall be appropriated to accounts to be designated by the County Treasurer. 3. That the Chairman of this Board is authorized to execute such agreement. Moved by: Mr. Dibble Seconded by: Mr. Reynolds Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The funds appropriated per Resolution No. 149-08 are for reimbursement from the 2007-08 State Budget of certain costs associated with the provision of Wireless 911 services in Allegany County.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Kruger and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling 157 BOARD OF LEGISLATORS SESSION MINUTES, SEPTEMBER 8, 2008 $3,091,595.25 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $5,835,607.) ADJOURNMENT: The meeting was adjourned at 2:55 p.m. on a motion made by Legislator Truax, seconded by Legislator Pullen and carried. -------- REGULAR SESSION - SEPTEMBER 8, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. APPROVAL OF MINUTES: The Board meeting minutes of August 25, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Hall and carried. PUBLIC HEARING: Chairman Crandall closed the regular meeting to hold a public hearing on Local Law Intro. No. 3-2008, entitled “A Local Law to Allow Cold War Veterans a Limited County Tax Exemption Pursuant to Section 458-b of the Real Property Tax Law.” There being no one desiring to speak, the public hearing was declared closed and the Board reconvened in regular session. PRIVILEGE OF THE FLOOR: Chairman Crandall granted privilege of the floor to Cynthia Dutton, Cuba Circulating Library Director and Allegany County Library Directors Association member, who spoke about Library Card Sign-Up Month. Ms. Dutton was accompanied by Lana Meissner, Director of the Box of Books Library in Alfred, and Brian Hildreth, Director of the David A. Howe Public Library in Wellsville. They presented statistics on the value of services provided by libraries, and noted that they help to improve our lives. Libraries, of which there are seventeen in Allegany County, are even more important now than in the past, given our current, uncertain economic situation. September is recognized nationally as Library Card Sign-Up Month. Chairman Crandall also granted privilege of the floor to Shawn D. Hogan, Mayor for the City of Hornell, who was invited to relate his city’s experiences with the Office of Court Administration for the provision of adequate Court facilities. Mayor Hogan expressed the opinion that the Court facilities issue is the ultimate in unfunded mandates, even though OCA will point to the savings municipalities have experienced since the Unified Court System took over administration of municipal courts (they pay salaries for the Judges and Clerks). Hornell held off on complying with the Court Facilities Act for as long as they could (eight years), until the state was ready to withhold state aid or intercept sales tax (a significant amount for them $1.5 million in today’s dollars) if they didn’t implement improvements according to handicap accessibility, security, and space guidelines. That loss would have had a very detrimental impact on their budget. As they were studying options to meet their needs, the Steuben Trust Bank headquarters on Seneca and Main Street became available. They were able to 158 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS purchase the building, which had been newly renovated, for $1.1 million. Renovations for the Courts, including an elevator, holding cells, and security, added another $750,000 to the project, and they also had the opportunity to upgrade their police and fire departments. Hornell’s project was completed in 2003. We are not the only ones under this gun. Corning is facing it now as well for space and accessibility issues. Mayor Hogan sympathized with the County in that our situation far exceeds what Hornell had to do and is more onerous for the taxpayers, but it just has to be dealt with. In response to questions about what the OCA expected Hornell to spend, square footage, and fragmentation of operations between the three floors of their facility, Mayor Hogan noted that OCA gave them a list of deficiencies that they had to address, but did not set a dollar figure. They ended up with more space than was needed at the time, which allowed them to lease some of the space out. The Courts utilize between 7,500 and 9,000 square feet with some common areas. Mayor Hogan commented that OCA always seems to want more space, and now they want more improvements. When asked whether he felt that OCA is serious about sanctions, Mayor Hogan responded that a sanction, in the form of withholding state aid, is the only thing OCA has to get municipalities to comply. The state law upholds OCA. He complained that Hornell needed help, but there was no help forthcoming. The OCA only subsidizes the interest. Mayor Hogan stated that he wasn’t in a position to call their bluff, and he feels that OCA will follow through with their threats. Mayor Hogan was questioned on a comment about sales tax revenue driving Hornell’s budget, and asked if he felt that changing the tax rate would change their retail situation. Their rate is currently lower than Allegany County’s. Mayor Hogan noted that the economy is in the doldrums nationwide, and rural areas are at the tail end of cyclical situations. It’s a double-edged sword to rely too heavily on sales tax revenue. There are three sources of revenue: sales tax, property taxes, and state aid. He realizes that state aid will be affected in the new state budget, but Hornell just broke ground for a new Lowes store, so they shouldn’t see a dramatic drop in revenues. Mayor Hogan commented that he doesn’t have any opinions on how Allegany County addresses the Court facilities issue, but we will have to. No one likes unfunded mandates, but they are a fact of life in New York. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Report of Tax Bill Corrections approved by the County Administrator in August 2008. 2. Also placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator in August 2008. 3. Noted as received was a letter from the InterCounty Association of Western New York to the Governor regarding proposed cuts to the New York State budget. 4. Correspondence was received regarding a supplement to the application of the Village of Arcade and Noble Allegany Windpark, LLC, for a Certificate of Environmental Compatibility and Public Need for the Construction and Operation of the Centerville Yorkshire 115kV Transmission Line Pursuant to Article VII of the Public Service Law. 5. A notice was received for the next meeting of the Allegany County Transportation Task Force on September 11, from 10 a.m. to 1 p.m., at the Crossroads Conference Center. 159 BOARD OF LEGISLATORS SESSION MINUTES, SEPTEMBER 8, 2008 6. A notice was received for the Readers Theater to be held on September 13, at 7 p.m., at Houghton College to celebrate the history of Oramel, Caneadea, and Houghton. PROCLAMATION: Chairman Crandall proclaimed September 2008 as Library Card Sign-Up Month in Allegany County in recognition of the many valuable services that our libraries provide to help improve the lives of County citizens, and encouraged everyone to sign up for the “smartest” card. RESOLUTIONS: RESOLUTION INTRO. NO. 153-08 (ADOPTION OF LOCAL LAW INTRO. NO. 32008, PRINT NO. 1, IN RELATION TO A LOCAL LAW TO ALLOW COLD WAR VETERANS A LIMITED COUNTY TAX EXEMPTION PURSUANT TO SECTION 458-B OF THE REAL PROPERTY TAX LAW) was TABLED following a motion made by Legislator Ungermann, seconded by Legislator Kruger and carried on a roll call vote of 8 Ayes, 7 Noes, 0 Absent (Voting No: Burdick, Crandall, Dibble, Fanton, Hall, Reynolds, Russo). Prior to tabling Resolution Intro. No. 153-08, Legislator Ungermann commented that his previous information about the proposed real property tax exemption being number 83 was incorrect. It would be number 91. A recent NYSAC Newsletter addressed a new Real Property Tax Law Section 495 to take effect for 2009 tentative budgets that requires all taxing jurisdictions to file an exemption report with their tentative budgets beginning this year. The report is required to show how much of the tax roll is exempt from taxation; every type of exemption and the cumulative impact of each on the tax roll; the cumulative amount expected to be received from recipients of each type of exemption as payments in lieu of taxes; and the cumulative impact of all exemptions granted. Mr. Ungermann had no objection to helping our veterans, but someone else has to pick up the difference. Mr. Ungermann suggested tabling the resolution until a review of the current exemptions takes place, and noted that the issue of exemptions may be a place to begin making budget cuts. RESOLUTION NO. 150-08 RESOLUTION URGING THE GOVERNOR AND STATE LEGISLATURE TO REMOVE COUNTIES FROM THE FISCAL AND PROGRAMMATIC RESPONSIBILITY OF THE PRESCHOOL SPECIAL EDUCATION PROGRAM Offered by: Human Services and Ways and Means Committees WHEREAS, Chapter 23 of the Laws of 1989 established the Preschool Program for Children with Handicapping Conditions Educational Program as 4410 of the Education Law, and WHEREAS, this law included a provision to reduce the county fiscal liability to 25 percent by the 1993-94 school year, and WHEREAS, succeeding statutes, beginning with the Deficit Reduction Act of 1990, have reneged on state statutory assurances of increased state fiscal participation in the program and the state has consistently resorted to balancing the State Budget by decreasing the state's portion of the program costs, and WHEREAS, this mandated program has grown exponentially in costs, from $96 million in 1989 to over $1 billion in 2006-07, of which the county share was $450 million, and 160 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS WHEREAS, the federal and state law places responsibility for the program with the educational system and gives decision-making authority to school districts, and WHEREAS, the financial burden for programmatic decisions falls on counties rather than on school districts, and WHEREAS, the Governor and State Legislature last year recognized the need to reform the Preschool Special Education Program and established the Temporary Task Force on Preschool Special Education to make recommendations for the same, and WHEREAS, the Temporary Task Force on Preschool Special Education, in its final report, recommended that county fiscal participation be capped and county programmatic and administrative involvement be eliminated by 2013, and WHEREAS, the 2008-09 Executive Budget proposes to limit the growth of county expenditures for the preschool special education program at 4 percent the first year, 3.5 percent the second year and 3 percent the third year and every year thereafter, and WHEREAS, this proposal imposes a new financial requirement on school districts by requiring them to take over the state responsibility to reimburse counties 59.5 percent of the costs of Committee on Preschool Special Education (CPSE) administration and evaluations, and WHEREAS, the Governor's proposal excludes the City of New York from the benefits of the proposal, while asking it to assume the state's share of costs for administration and evaluation, and WHEREAS, Allegany County applauds the Governor for proposing to "cap" county expenses but urges that the "cap" be carefully examined and structured to maximize savings and long-term benefits to counties, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators believes that counties should, ultimately, be removed from the fiscal, contractual and programmatic responsibilities of the 4410 Preschool Special Education Program. 2. That this Board calls on the Governor and State Legislature to build off of the 2008-09 Executive Budget proposal to "cap" the growth of county Preschool Special Education expenses and ensure that counties statewide benefit from this proposal. 3. That this Board call on the Governor and State Legislature to begin, in 2008-09, the process for transitioning programmatic and administrative responsibility from counties in line with the recommendations of the Temporary Task Force on Preschool Education. 4. That certified copies of this resolution shall be forwarded to Governor David A. Paterson, Senator Catharine M. Young, and members of the Assembly Daniel J. Burling and Joseph M. Giglio. Moved by: Mr. Truax Seconded by: Mr. Hopkins Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent Comments made regarding Resolution No. 150-08: Legislator Dibble requested that copies of the resolution also be sent to NYSAC, InterCounty Association of Western New York, and InterCounty Association of the Adirondacks in an effort to garner more support. 161 BOARD OF LEGISLATORS SESSION MINUTES, SEPTEMBER 8, 2008 Legislator Pullen commented that the Preschool Special Education Program would be better aligned under the State Education Department under local school districts. The state aid formula for school districts is greater than what is given to counties, so the state would have to pay more if the program was under the schools. The present system is a dodge so the state doesn’t have to contribute as much. The program should be funded as an education program, and should not be under county supervision. RESOLUTION NO. 151-08 RESOLUTION ESTABLISHING SOLID WASTE RESIDENTIAL USER FEES FOR YEAR 2009 Offered by: Public Works Committee RESOLVED: 1. The following solid waste residential user fees are hereby established and shall be charged to users of the Allegany County Solid Waste System during the year 2009: Residential User Fee - $96 per year. quarterly as follows: The Residential User Fee will be prorated January 1 through March 31 - $96 April 1 through June 30 - $72 July 1 through September 30 - $48 October 1 through December 31 - $24 2. Solid Waste Identification Tags will be issued without charge upon payment of the applicable user fee. No user fee will be charged to individuals who will only be disposing of recyclable materials at County facilities. A recyclables only Identification Tag will be issued without charge to individuals who will only be disposing of recyclable materials upon the completion by such individuals of the appropriate application form. In the event a Residential Identification Tag is lost or stolen a Replacement Residential Identification Tag will be issued for a fee of $25. Moved by: Mr. Fanton Adopted: Roll Call Seconded by: Mr. Pullen 8 Ayes, 7 Noes, 0 Absent Voting No: Burdick, Crandall, Dibble, O’Grady, Russo, Truax, Ungermann Comments made regarding Resolution No. 151-08: Legislator Ungermann noted that the County Comprehensive Plan includes getting to the point where the landfill is self-sustaining. Although the resolution increases fees for tag holders, tipping fees should also go up. Legislator McCormick commented that the resolution increases the tag fee from $72 to $96 in order to cover landfill expenses. The funds have to be raised, if not by increased tag fees, then by an increase on the County tax bill. Increasing fees is the correct way. Legislator Kruger pointed out that $96 is still only half what the user would pay to a contractor for pick up. We have to make the landfill operation closer to self-sustaining, which is difficult due to fuel costs alone. There isn’t much choice, other than to raise fees. Legislator Dibble noted that many of our tax parcels have non-resident owners. The Public Works Committee is in the process of revamping the solid waste system, and fees should be left as they are until that has been completed. 162 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Legislator Pullen pointed out that this resolution is an attempt to shift the payment of landfill operation costs to user-based fees instead of property taxes. Although we should look at increasing tipping fees also, this is the appropriate way to go. Vice Chairman Dibble took control of the meeting to allow Chairman Crandall to speak on the landfill tag fee increase issue. Chairman Crandall did not support it. He supported an increase in tag fees only once during his tenure on the Board for the same reasons as cited by Legislator Ungermann. The landfill and its operation needs to be supported by its users, and it should be a user fee. Previously we considered a punch card, and eventually we may end up there. Public Works Committee Chairman Fanton is leaning in that direction, but we should have done it five years ago. Chairman Crandall agreed that fees should be raised, but this resolution doesn’t take it far enough, and not in the direction he’d like to see. Legislator Fanton recommended that this increase in fees be considered an interim step. The County is going to be faced with different disposal problems at the landfill. Over the next year and a half, we need to arrive at a user fee that supports the landfill and its operation. We will probably end up with a punch card or bag fee, but in the meantime, we need to move forward with this proposal to take part of the burden off the taxpayers. The increase in fees should generate an additional $10,000 to $20,000. Legislator Fanton also noted that tipping fees were increased last year; they are alternating by year. The 2009 tipping fees were set earlier to allow the towns to establish their budgets. If we raised tipping fees now, it would impact town budgets. RESOLUTION NO. 152-08 APPROVAL OF BOARD CHAIRMAN'S REAPPOINTMENT OF ONE MEMBER TO THE CHAUTAUQUA, CATTARAUGUS, ALLEGANY, AND STEUBEN SOUTHERN TIER EXTENSION RAILROAD AUTHORITY Offered by: Public Works Committee RESOLVED: 1. That Karl D. Kruger of Friendship, New York, is reappointed to the Chautauqua, Cattaraugus, Allegany, and Steuben Southern Tier Extension Railroad Authority, with term of office to commence August 28, 2008, and expire August 27, 2011. Moved by: Mr. Fanton Seconded by: Mr. Hall Adopted: Voice Vote RESOLUTION NO. 153-08 ACCEPTANCE OF INCREASED FEDERAL AID TO OFA-HIICAP APPROPRIATION AND REVENUE ACCOUNTS Offered by: Human Services and Ways and Means Committees RESOLVED: 1. That the sum of $13,142 in increased federal aid to OFA-HIICAP Appropriation and Revenue Accounts is accepted. 2. That the accepted sum of $13,142 is appropriated to Account No. A6782.4, with a like sum credited to Revenue Account No. A11.4772.06 . 163 BOARD OF LEGISLATORS SESSION MINUTES, SEPTEMBER 8, 2008 Moved by: Mr. Truax Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 154-08 ACCEPTANCE OF DONATIONS FROM WELLSVILLE LIONS CLUB AND THE ALLEGANY SENIOR FOUNDATION; APPROPRIATION OF SAME TO OFA ACCOUNTS Offered by: Human Services and Ways and Means Committees RESOLVED: 1. That the sum of $510 from the Wellsville Lions Club and $4,500 from the Allegany Senior Foundation for OFA Accounts is accepted. 2. That the accepted sum of $5,010 is appropriated as follows: $510 to Account No. A6779.4 (OFA-SNAP – Contractual)), with a like sum credited to Revenue Account No. A09.2801.36 (Interfund Revenues – OFA-SNAP); and $4,500 to Account No. A6776.4 (OFACommunity Service for Elderly – Fees), with a like sum credited to Revenue Account No. A02.1972.09 (Departmental Income-OFA-Community Service for Elderly). Moved by: Mr. Truax Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: Regarding Resolution No. 155-08, the donation from Wellsville Lions Club will be used for Meals on Wheels, and the donation from the Allegany Senior Foundation will be used for Personal Emergency Response Systems [Lifelines].) RESOLUTION NO. 155-08 APPROVAL OF TRANSPORTATION OF PRESCHOOL CHILDREN WITH HANDICAPPING CONDITIONS AGREEMENT WITH FRIENDSHIP CENTRAL SCHOOL DISTRICT AND AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT Offered by: Human Services Committee WHEREAS, the Friendship School District has agreed to provide transportation for County preschool children with handicapping conditions, now, therefore, be it RESOLVED: 1. That the Agreement titled “Agreement Concerning the Transportation of Preschool Children with Handicapping Conditions” for the period July 1, 2008 to June 30, 2009, with the Friendship Central School District is approved; the Chairman of this Board being authorized to execute such Agreement. Moved by: Mr. Truax Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The transportation agreement approved by Resolution No. 156-08 is in addition to agreements with fourteen other school districts approved by Resolution No. 131-08 on July 28, 2008.) 164 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Hopkins and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $3,105,384.66 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $6,182,479.) ADJOURNMENT: The meeting was adjourned at 3:00 p.m. following a motion made by Legislator Reynolds, seconded by Legislator Hall and carried. -------- REGULAR SESSION - SEPTEMBER 22, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 14 Present; 1 Absent (Legislator Kruger). APPROVAL OF MINUTES: The Committee of the Whole meeting minutes of August 25, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Dibble and carried. The Board meeting minutes of September 8, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Dibble and carried. PRIVILEGE OF THE FLOOR: Chairman Crandall granted privilege of the floor to Tami Hamilton, from ACCORD Youth and Family Development Services, to present information on domestic violence services. Pamphlets were distributed, including a Five-Year Service Profile compiled by the Domestic Violence Consortium, illustrating the continued need for services and ongoing development of strategies. On average, 150 victims are served annually. This number is likely to increase with the passage of the new Family Access Law in 2008. Ms. Hamilton thanked the Board for its continued support and for the proclamation to be read later in the meeting. Chairman Crandall also granted privilege of the floor to Scott Spillane, Veterans’ Service Agency Director, to speak about the proposed Cold War Veterans’ real property tax exemption. Mr. Spillane’s understanding of information received from the Real Property Tax Service Agency and state representatives is that there will not be a lot of people using this exemption. Other local municipalities within New York State that have passed legislation allowing the exemption include Cattaraugus County, City of Olean, Wyoming County, Steuben County, and City of Hornell. Mr. Spillane read a letter from a Marine veteran, who noted that Cold War Veterans are often forgotten. 165 BOARD OF LEGISLATORS SESSION MINUTES, SEPTEMBER 22, 2008 ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Notice was given of the next Fire Advisory Board meeting on Thursday, September 25, at 8 p.m. in Room 122 of the Public Safety Facility. The Fire Investigators and District Coordinators plan to meet at 7 p.m. 2. A news release was received from the Southern Tier West Regional Planning and Development Board highlighting their September 18 meeting. 3. Correspondence was received from Dean Skelos, New York State Senate President Pro Tem and Majority Leader, regarding our correspondence in support of legislation that would implement a cap on local school property tax increases to help New Yorkers cope with the rising cost of living (Resolution No. 42-08). The letter urges us to contact our Assembly Representatives encouraging them to pass Bills S8736 and S8737. 4. Correspondence was received from the Allegany/Western Steuben Rural Health Network notifying us of the Council of Agencies meeting on December 5. 5. Correspondence and a resolution were received from the Village of Andover requesting the Board to respond to their Resolution to Seek Relief from High Gas Prices. 6. A resolution was received from the Town of Birdsall relative to the Local Bridge #09-01 on the Joe McMahon Road. APPOINTMENT: Chairman Crandall, in a joint measure with Crystal Abers, Chairman of the Cattaraugus County Board of Legislators, appointed Linda Spaulding, Senior Employment Project Director for the Chautauqua County Office for the Aging, to fill the unexpired threeyear term of Linda Pierce ending December 31, 2010 on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD. PROCLAMATION: Chairman Crandall proclaimed October 2008 as Domestic Violence Awareness Month in Allegany County in recognition of the important work accomplished by domestic violence programs. The Chairman urged all citizens to actively participate in the scheduled activities sponsored by the Allegany County Domestic Violence Consortium, to work toward improving victim safety, and holding perpetrators of domestic abuse accountable for their actions against victims and our society as a whole. RESOLUTIONS: Resolution Intro. No. 153-08 (Adoption of Local Law Intro. No. 3-2008, Print No. 1, in Relation to a Local Law to Allow Cold War Veterans a Limited County Tax Exemption Pursuant to Section 458-b of the Real Property Tax Law) was removed from the table following a motion made by Legislator Russo, seconded by Legislator Fanton and carried. (The resolution was originally tabled on September 8, 2008.) RESOLUTION NO. 156-08 ADOPTION OF LOCAL LAW INTRO. NO. 3-2008, PRINT NO. 1, IN RELATION TO A LOCAL LAW TO ALLOW COLD WAR VETERANS A LIMITED COUNTY TAX EXEMPTION PURSUANT TO SECTION 458-B OF THE REAL PROPERTY TAX LAW Offered by: Personnel and Ways and Means Committees 166 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLVED: 1. That proposed Local Law, Intro. No. 3-2008, Print No. 1, is adopted without any change in language, to wit: COUNTY OF ALLEGANY Intro. No. 3-2008 Print No. 1 A LOCAL LAW TO ALLOW COLD WAR VETERANS A LIMITED COUNTY TAX EXEMPTION PURSUANT TO SECTION 458-B OF THE REAL PROPERTY TAX LAW BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows: Section 1. Purpose. The purpose of this local law is to authorize a limited exemption from real property taxes for residential real property owned by veterans and their surviving spouses who rendered military service to the United States during the “Cold War” pursuant to Section 458b of the Real Property Tax Law. Section 2. Cold War Exemption. (a) Pursuant to subsection 2(a) of § 458-b of the Real Property Tax Law of the State of New York, and subject to the definitions, limitations and requirements of said § 458b, the County of Allegany hereby adopts the qualifying residential real property exemption under subsection 2(a)(i) of § 458-b of the Real Property Tax Law of the State of New York, that is, an exemption in the amount of ten percent of the assessed value of such property, provided however, that such exemption, as permitted by subsection 2(c)(iii), shall not exceed four thousand dollars or the product of four thousand dollars multiplied by the latest state equalization rate of such property’s assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less. (b) Pursuant to subsection 2(b) of § 458-b of the Real Property Tax Law of the State of New York, and subject to the definitions, limitations and requirements of said § 458b, the County of Allegany hereby adopts the qualifying residential real property exemption under subsection 2(b) of § 458-b of the Real Property Tax Law of the State of New York, that is, an exemption in the amount equal to the extent of the product of the assessed value of such property, multiplied by fifty percent of the Cold War veteran disability rating; provided, however, that such exemption, as permitted by subsection 2(c)(iii), shall not exceed twenty thousand dollars or the product of twenty thousand dollars multiplied by the latest state equalization rate for the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less. Section 3. Effective Date. This Local Law shall take effect immediately upon its filing with the Secretary of State and shall be applicable to all assessment rolls prepared pursuant to the first taxable status date occurring on or after the effective date of this local law. Moved by: Mr. Russo Seconded by: Mr. Fanton Adopted: Roll Call 10 Ayes, 4 Noes, 1 Absent Voting No: Benson, McCormick, O’Grady, Ungermann (Memo: Following adoption per Resolution No. 156-08, Local Law Intro. No. 3-08 became Local Law No. 3-08.) 167 BOARD OF LEGISLATORS SESSION MINUTES, SEPTEMBER 22, 2008 Comments made regarding Resolution No. 156-08: Legislator Ungermann stated that he had no objection to Cold War Veterans receiving an exemption, but something has to be done about reviewing and cutting some of the other 90 exemptions already in place. Legislator Truax also noted that he had no problem with the Veterans’ exemption, but instead of having five to ten for various dates of service, he would like to see them consolidated into one. County Attorney Thomas Miner responded that this is the way the state provides for veterans’ exemptions, and if it was changed, the state would have to act on it. Legislator Pullen pointed out that of the 90 plus tax exemptions provided for under the Real Property Tax Law and other places, we have no say over the vast majority. For example, some exemptions are under state law, such as state properties and the STAR program. There are basically only three that we have any say over. The exemptions for veterans and senior citizens may shift the costs to the rest of us, but they are appropriate. The other includes certain business exemptions, which is much less pervasive. There are a lot of exemptions, but as in so many other things, we have no control over them. This particular exemption is appropriate. Legislator McCormick suggested that more research be done on this exemption to determine the fiscal impact and how many veterans will claim it. Chairman Crandall noted that his understanding is that the number would be nearly impossible to come up with. Legislator Ungermann commented on the new requirement beginning with the filing of the 2009 tentative budget of listing all property tax exemptions and their value. RESOLUTION NO. 157-08 REAPPOINTMENT OF DAVID S. ROESKE AS COUNTY SUPERINTENDENT OF PUBLIC WORKS Offered by: Public Works Committee RESOLVED: 1. That David S. Roeske of the Town of Willing is reappointed to the office of County Superintendent of Public Works for a term of four years to commence October 25, 2008 and expire October 24, 2012. Moved by: Mr. Fanton Seconded by: Mr. Reynolds Adopted: Voice Vote RESOLUTION NO. 158-08 APPROVAL OF BOARD CHAIRMAN'S REAPPOINTMENT OF TWO LANDOWNER REPRESENTATIVE MEMBERS TO REGION NINE FOREST PRACTICE BOARD Offered by: Public Works Committee Pursuant to Environmental Conservation Law § 9-0705 RESOLVED: 1. That the reappointment by the Chairman of this Board of Thomas Parmenter and Rodney K. Bennett as Landowner Representative Members of the Region Nine Forest 168 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Practice Board, with term of office commencing September 9, 2008 and expiring September 8, 2011, is approved. Moved by: Mr. Fanton Seconded by: Mr. Reynolds Adopted: Voice Vote Resolution Intro. No. 162-08 (Creating Position of Senior Recording Clerk in County Clerk’s Office) was amended on a motion made by Legislator Hall, seconded by Legislator Fanton and carried, by adding the words “and abolishing position of Cashier” in the title and Resolved #1, and by changing the effective date in Resolved #2 from September 23, 2008 to January 1, 2009. RESOLUTION NO. 159-08 CREATING POSITION OF SENIOR RECORDING CLERK AND ABOLISHING ONE POSITION OF CASHIER IN COUNTY CLERK'S OFFICE Offered by: Personnel Committee RESOLVED: 1. That one position of Senior Recording Clerk is created and one position of Cashier is abolished in the County Clerk's Office. 2. This resolution shall take effect on January 1, 2009. Moved by: Mr. Hall Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 160-08 ESTABLISHING A 2009 CAPITAL PROJECT ACCOUNT FOR BRIDGE REPLACEMENT ON COUNTY ROAD 16 OVER THE GENESEE RIVER IN THE TOWN OF BELFAST; PROVIDING FUNDING FOR SUCH CAPITAL ACCOUNT Offered by: Public Works and Ways and Means Committees RESOLVED: 1. A Capital Project Account is established within the Capital Fund for the bridge replacement on County Road 16 over the Genesee River in the Town of Belfast. 2. The funding for such Capital Project Account will come from the 2009 County budget and such account number to be designated by the County Treasurer. Moved by: Mr. Fanton Seconded by: Mr. Hopkins Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 161-08 GRANTING SALARY INCREMENTS RETROACTIVE TO JULY 1, 2008, TO UNIT AND NON-UNIT EMPLOYEES Offered by: Personnel Committee Pursuant to Resolution No. 1-69, as amended, and Resolution No. 297-75, as amended 169 BOARD OF LEGISLATORS SESSION MINUTES, SEPTEMBER 22, 2008 WHEREAS, County unit and non-unit employees are eligible to receive an annual salary increment effective July 1, 2008, and WHEREAS, these employees were inadvertently left off an earlier resolution approving an annual salary increment, and WHEREAS, the proper County department heads have recommended that such employees receive their respective annual salary increment effective July 1, 2008, having been satisfied, after review, with each of such employees' service, with attention having been given to the efficiency with which each of such employees has performed his or her respective duties, as well as the attendance record of each and all other factors having an effect on the work record of each, and WHEREAS, this Board concurs in such recommendation, now, therefore, be it RESOLVED: 1. That the following listed employees are granted their respective annual increment retroactive to July 1, 2008, to wit: Department Sheriff Sheriff Sheriff Sheriff Sheriff Name K. Brisbee T. Middaugh D. Brubaker B. Collins D. Witter Title Corr. Officer Corr. Officer Corr. Officer Corr. Officer Corr. Officer Moved by: Mr. Hall Seconded by: Mr. Pullen Increment $.40 $.40 $.40 $.40 $.40 Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The increments granted by Resolution No. 161-08 were for eligible employees hired between 07/01/07 and 12/31/07. See also Resolution No. 111-08.) RESOLUTION NO. 162-08 AUTHORIZING WAYS AND MEANS COMMITTEE OF COUNTY BOARD OF LEGISLATORS TO ACT AS TOURIST PROMOTION AGENCY AND TO APPLY FOR STATE FUNDS FOR TOURISM PROMOTION PURPOSES Offered by: Ways and Means Committee Pursuant to Article 5-A of the Economic Development Law RESOLVED: 1. That the Ways and Means Committee of this County Board of Legislators is authorized to act as a tourist promotion agency and to apply for state funds up to $500,000 for tourism promotion purposes. 2. That if the application for the funding is approved, such Committee shall submit the grant agreement to this Board for approval and appropriation of such funds prior to commencing any work pursuant to the terms of the grant agreement or expending any of such funds. 170 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 3. That the Clerk of this Board is directed to send a certified copy of this resolution to the New York State Commissioner of Economic Development. Moved by: Mr. Reynolds Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent Comments made regarding Resolution No. 162-08: Legislator Reynolds pointed out that although every year we apply for $500,000, we typically receive $75,000, which the County has to match. RESOLUTION NO. 163-08 AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100 PERCENT OF THE FEDERAL AID AND STATE "MARCHISELLI" PROGRAM AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID PROJECT, AND APPROPRIATING FUNDS THEREFOR Offered by: Public Works and Ways and Means Committees WHEREAS, a Project for the Bridge Replacement (BIN 3060090) County Route 16 over Genesee River, Town of Belfast, County of Allegany, PIN 6754.08 (the Project) is eligible for funding under Title 23 U. S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80 percent federal funds and 20 percent non-federal funds, and WHEREAS, the County of Allegany desires to advance the Project by making a commitment of 100 percent of the non-federal share of the costs of Bridge Replacement (BIN 3060090) County Route 16 over Genesee River, Town of Belfast, County of Allegany, now, therefore, be it RESOLVED: 1. That the Board of Legislators of the County of Allegany hereby authorizes the County of Allegany to pay in the first instance 100 percent of the federal and non-federal share of the cost of Design and Right of Way Incidental phase work for the Project or portions thereof. 2. That the sum of $456,000 shall be appropriated from an account to be designated by the County Treasurer in the 2009 County budget and made available to cover the cost of participation in the above phase of the Project. 3. That in the event the full federal and non-federal share costs of the Project exceed the amount appropriated above, the Board of Legislators of the County of Allegany shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof. 4. That the Chairman of the Board of Legislators of the County of Allegany be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Allegany with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal aid and state aid eligible Project costs and all Project costs within appropriations therefor that are not so eligible. 171 BOARD OF LEGISLATORS SESSION MINUTES, SEPTEMBER 22, 2008 5. That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project. 6. This Resolution shall take effect immediately. Moved by: Mr. Fanton Seconded by: Mr. Hall Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The break-down for the estimated cost for the Preliminary Engineering and Right of Way phases of the project referenced in Resolution No. 163-08 includes: Federal Share (80 Percent) $364,800; State Share (15 Percent) $67,650; County Share (15 Percent) $23,550; Total $456,000.) RESOLUTION NO. 164-08 ACCEPTANCE OF INITIATIVE MEMBER FUNDING FROM STATE SENATOR CATHARINE YOUNG FOR ASSISTANCE IN PURCHASING PRIORITY DISPATCH SOFTWARE; APPROPRIATION OF FUNDING TO HOMELAND SECURITY ACCOUNT Offered by: Public Safety and Ways and Means Committees WHEREAS, the sum of $20,000 has been offered by State Senator Catharine Young to the Allegany County Sheriff's Office for assistance in purchasing priority dispatch software, now, therefore, be it RESOLVED: 1. That the sum of $20,000 offered by State Senator Catharine Young to the Allegany County Sheriff's Office for purchasing priority dispatch software is accepted. 2. That the accepted sum of $20,000 is appropriated to Account No. A3645.4 (Homeland Security – Contractual) with a like sum credited to Revenue Account No. A10.3306.SHF7 (Homeland Security – Sheriff). Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The total cost for the Priority Dispatch Software referred to in Resolution No. 164-08 was $112,609. A down payment of $11,261 was made January 25, 2008 from 2007 funds. After the member funding of $20,000 is applied, the balance owed is $81,348, which will be paid from 2009 funds.) Comments made regarding Resolution No. 164-08: Legislator Pullen suggested that a thankyou note be sent to Senator Young to show appreciation for the Member Initiative Funding, which was supported by consensus of the Board. 172 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 165-08 TRANSFER OF FUNDS WITHIN SOLID WASTE ACCOUNT Offered by: Public Works Committee RESOLVED: 1. That the sum of $75,000 is transferred from Account No. A8160.204 to Account No. A8160.422 to cover fuel purchases for remainder of this year. Moved by: Mr. Fanton Seconded by: Mr. Reynolds Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION INTRO. NO. 169-08 (APPROVAL OF AGREEMENT WITH DENTRUST DENTAL NEW YORK, P.C. TO PROVIDE DENTAL CARE FOR INMATES AND DETAINEES AT THE ALLEGANY COUNTY JAIL) was TABLED following a motion made by Legislator Dibble, seconded by Legislator Truax and carried. Resolution Intro. No. 170-08 (Resolution Calling on the New York Congressional Delegation to Support an Increase in the Federal Medical Assistance Percentage [FMAP] to Provide New York Counties with Property Tax Relief) was not pre-filed and was considered from the floor on a motion made by Legislator Truax, seconded by Legislator Dibble and carried. RESOLUTION NO. 166-08 RESOLUTION CALLING ON THE NEW YORK CONGRESSIONAL DELEGATION TO SUPPORT AN INCREASE IN THE FEDERAL MEDICAL ASSISTANCE PERCENTAGE (FMAP) TO PROVIDE NEW YORK COUNTIES WITH PROPERTY TAX RELIEF Offered by: Ways and Means Committee WHEREAS, under Federal Law, local governments are not responsible for any portion of Medicaid funding, however, Congress has given states the ability to require local governments to share in financing the non-federal share of Medicaid costs, and WHEREAS, the United States Centers for Medicare and Medicaid Services data demonstrates that no other state in the country financially burdens its localities like New York State, and WHEREAS, Medicaid represents the largest single program expense in every county budget and siphons away the limited resources needed to fund other critical budgetary needs at the county level, and WHEREAS, the National Governor's Association (NGA), including Governor Paterson, has supported a proposal for a temporary increase in the federal medical assistance percentage (FMAP) as an economic stimulus option that would provide more federal funding for state Medicaid programs, and WHEREAS, the NGA has indicated that it would both help to stimulate the nation's economy and shore up the safety net for low-income families, and 173 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 14, 2008 WHEREAS, this proposal would provide nearly $1.6 billion in fiscal relief to New York State, including $480 million in relief to county government, and WHEREAS, this FMAP increase would reduce the local Medicaid burden and provide immediate property tax relief to the residents of New York State, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators calls upon the New York Congressional Delegation to support an increase in the federal medical assistance percentage (FMAP) to provide New York's local taxpayers with relief from the crushing financial burden of the Medicaid program. 2. That the Clerk of this Board is directed to send a copy of this resolution to the New York State Congressional Delegation, Governor Paterson, Senator Catharine M. Young, Assembly Members Joseph M. Giglio and Daniel J. Burling, and all others deemed necessary and proper. Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent AUDITS: A motion was made by Legislator Truax, seconded by Legislator Fanton and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Pullen and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $1,980,063.01 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $6,529,351.) ADJOURNMENT: The meeting was adjourned at 2:45 p.m. on a motion made by Legislator Fanton, seconded by Legislator Truax and carried. -------- REGULAR SESSION - OCTOBER 14, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. APPROVAL OF MINUTES: The Board meeting minutes of September 22, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried. PRIVILEGE OF THE FLOOR: Chairman Crandall granted privilege of the floor to County Administrator John Margeson, LaBella Associates Project Engineer Mike Schaffron, and Municipal Solutions 174 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Financial Advisors David Allardice and Mary Chapel for an update on the Crossroads Area Water and Sewer Project. Mr. Schaffron reported that the project has been submitted to the Comptrollers’ Office for approval, and the design was completed in July. Submissions have been made to town, county, state, and federal organizations with jurisdiction. They have gone through the review and made responses at the town and local level, and are now working through permit issues with the DEC and Army Corps of Engineers. Four miles of water main will be installed from Friendship, with one additional mile of twelve-inch main to be run from the 350,000-gallon storage tank. The sanitary system will include five miles of six-inch forced main with three pump stations. The water and sewer lines will be installed on opposite sides of the road due to the requirement for a ten-foot separation. There are still some land acquisitions to obtain. Anticipated timeline includes bidding for the project in January, with bids due in February, contracts awarded in March, and groundbreaking in May. Construction should be completed in one season, with possibly a little surface restoration in the following year. Mr. Margeson stated that LaBella Associates have established a cost estimate of $6.5 million for both utilities. Chairman Crandall, IDA Director John Foels, and Mr. Margeson have been working with our financial advisors at Municipal Solutions to identify low-interest loan funding and grants. Ms. Chapel reported on their preliminary investigation of funding sources: Economic Development Administration – possibly up to 50 percent; Appalachian Regional Commission – $500,000; Empire State Development; Rural Enterprise Business; Small Cities Block Grant; and Legislative Member Items (dependent on state budget). The balance of funding would be through conventional financing. Mr. Margeson noted that over the past three months they have met with representatives from Senator Schumer’s and Senator Clinton’s Offices in Buffalo, and had a meeting with Congressman Kuhl and plan to touch base with him again in the future. They spoke with Senator Young and will also meet with our state Assembly representatives. The purpose of these meetings is to apprise our federal and state people of the importance of this project and to seek their assistance and support of our efforts in obtaining funding. Chairman Crandall presented a donation of funds from the legislators’ “flower fund” to Allegany Senior Foundation President Wallace Higgins. The Senior Foundation is a nonprofit organization established several years ago by Mr. Higgins and a few others to help seniors above and beyond what government is able to. They have accomplished a great deal in support of programs for seniors. Mr. Higgins expressed his appreciation for the check, which they will put to good use, and he acknowledged Office for the Aging Director Kim Toot and the Senior Foundation. The Foundation was formed almost four years ago and has been a successful endeavor. They help to fill the gaps in services for seniors. Mr. Higgins is pleased for the support the Foundation has had. The Allegany County United Way has helped, as well as the Alfred-Almond Community Chest, especially for Lifeline services. They are currently getting ready for the Aging Conference; the focus this year will be renewable communities, culture change, and nursing homes. The Foundation has also been working with the Wellsville Creative Arts Center and has been able to lower the cost for seniors to attend sessions such as the cooking classes. Other programs they are working on include installation of grab bars for tubs and emergency blinking lights. The Foundation is also active in advocating for handicap accessible buildings. Chairman Crandall granted privilege of the floor to Deputy Elections Commissioner Elaine Herdman for a HAVA (Help America Vote Act) update. Programmers are currently helping to set up the new voting machines for use in the November election. Ms. Herdman explained how the new system will be used and noted that there is an operational machine in the office for people to examine. This year we will use our current lever machines and will be introducing the new optical scan machines for audio sessions for the disabled voters. Anyone may use the new machines, but will have to use them as they are set up for the disabled and go through the entire audio session. It will take an estimated average of 15 to 175 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 14, 2008 20 minutes per voter to vote on the new machine this year. If the machines are certified for next year, voters will be able to mark on preprinted ballots that will then be fed into the tabulator, the machine will show the vote cast, the voter will accept it, and the form will go directly into the ballot box, taking no more than two to three minutes. Three training sessions for inspectors have been conducted. The federal government mandated that the system was to be in place this year, and New York is the last state to comply. When questioned about machine storage, maintenance, and transportation costs, Ms. Herdman reported that they are still in the learning process and not all the figures are in place yet. A conference is scheduled for January to further discuss storage requirements. Schools and villages may have the option to use the new machines, but they would be responsible for all costs including transportation, possibly on a charge back system. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator for September 2008. 2. Also placed on each legislator’s desk was a copy of the Allegany County 2009 Tentative Budget. There will be a Committee of the Whole meeting on October 15 at 10:00 a.m. to discuss the budget. 3. The County Treasurer filed the Audit Report prepared by Eldredge, Fox & Porretti for the year ending December 31, 2007 in the Clerk of the Board’s Office on September 30, 2008. 4. The County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Lien for property in the Town of Bolivar in the Clerk of the Board’s Office on October 8, pursuant to Article 11 of the Real Property Tax Law. 5. The Southern Tier West Regional Planning and Development Board minutes of September 18, 2008 were received. 6. Notice was received for the next InterCounty Association meeting to be hosted by Wyoming County at the Byrncliff Resort and Conference Center in Varysburg on October 17. 7. An invitation was received from the Farm Bureau to attend a tour for an inside look at Allegany County farms on Friday, October 24, 2008. 8. Correspondence was received from Congresswoman Kirsten Gillibrand and Senator Catharine Young acknowledging receipt and support of our Resolution No. 166-08 entitled, “Resolution Calling on the New York Congressional Delegation to Support an Increase in the Federal Medical Assistance Percentage (FMAP) to Provide New York Counties with Property Tax Relief.” 9. Correspondence was received from Noble Environmental Power notifying us that the Town of Centerville accepted the Final Environmental Impact Statement (FEIS) for the Noble Allegany Windpark. Copies of the Notice of Completion and the FEIS have been filed in the Clerk of the Board’s Office. 10. Copies of correspondence were received from Public Works Superintendent David S. Roeske appointing John Mancuso as Deputy Superintendent I and Guy R. James as Deputy Superintendent II. 176 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 11. Received from the Town of Andover was a copy of their Resolution Number 8 of 2008 entitled, “Urging State of New York to Establish Policies that will Assist the Development of Oil and Gas Resources in the State.” 12. On October 11, Chairman Curtis Crandall presented a Certificate of Appreciation to Walter Lang in recognition of his tenure as a Trustee to the FASNY Firemen’s Home in Hudson. 13. The Legislators’ Annual Christmas Party will be held on Friday, December 19, at the Beef Haus in Wellsville. INTRODUCTION OF LEGISLATION: Legislator Brent Reynolds introduced Local Law Intro. No. 4-2008, Print No. 1, entitled, “A Local Law to Provide Increases in the Compensation of Certain County Officers,” a copy of said proposed Local Law having been placed on each legislator’s desk. RESOLUTIONS: RESOLUTION NO. 167-08 RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS Offered by: Ways and Means Committee WHEREAS, on the 14th day of October, 2008, a local law (Intro. No. 4-2008, Print No. 1) was introduced to provide increases in the compensation of certain county officers, and WHEREAS, it will be necessary to set a date for public hearing on such proposed local law, now, therefore, be it RESOLVED: 1. That a public hearing shall be held on October 27, 2008 at 2:00 P.M. in the County Legislators' Chambers, Room 221, County Office Building, 7 Court Street, Belmont, New York 14813, before the Allegany County Board of Legislators, in relation to proposed Local Law Intro. No. 4-2008, Print No. 1. 2. That the Clerk of the Board of Legislators is directed to prepare, with the assistance of the County Attorney, a notice of said public hearing, to cause the publication of a copy of said notice in each of the two newspapers which have been officially designated by this Board to publish “notices,” and to affix a copy of said notice on the County bulletin board in the County Courthouse at Belmont, New York; both publication and posting to be made at least five days before the public hearing. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Voice Vote RESOLUTION NO. 168-08 RESOLUTION SETTING DATE OF PUBLIC HEARING ON 2009 COUNTY TENTATIVE BUDGET AND PROVIDING CONTENTS OF SUCH NOTICE Offered by: Ways and Means Committee 177 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 14, 2008 WHEREAS, the 2009 County Tentative Budget has been presented to this Board together with a copy of the proposed appropriation resolution, and WHEREAS, it is necessary to hold a public hearing on the Budget before any further action can be taken on the Budget and on the appropriation resolution, and WHEREAS, it is necessary to provide notice to the public of such public hearing and to also include in such notice or in a separate notice published in the same manner and at the same time as such notice of public hearing, a statement of the maximum salary that may be fixed and payable during the year 2009 to the members of the County Board of Legislators and to its officers, now, therefore, be it RESOLVED: 1. That a public hearing on the 2009 County Tentative Budget shall be held in the Legislators' Chambers, Room 221, at the County Office Building, 7 Court Street, Belmont, New York, at 7:00 P.M. on November 6, 2008. 2. That the notice of public hearing shall include a statement that the 2009 maximum salary for members of the Board of Legislators and the maximum salary that may be fixed and payable during fiscal year 2009 to the Majority Leader, Minority Leader, and Board Chairman are as follows: Members of the Board of Legislators Chairman of the Board of Legislators Majority Leader of Board Minority Leader of Board $8,500. annual $8,500. annual $300. annual $300. annual Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Voice Vote RESOLUTION NO. 169-08 CREATION OF POSITION OF DEPUTY COUNTY ADMINISTRATOR Offered by: Personnel Committee RESOLVED: 1. That one new position of Deputy County Administrator is created. 2. That the new position of Deputy County Administrator is placed in Section 4. of the Non-Unit Salary Plan with a salary to be determined at a later date. Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Russo 9 Ayes, 6 Noes, 0 Absent Voting No: Burdick, Kruger, McCormick, O'Grady, Truax, Ungermann Comments made regarding Resolution No. 169-08: Concerns were voiced about whether both the positions of County Administrator and Deputy County Administrator would be maintained after the training period, and also if the Deputy would be the one to take over at the time of the County Administrator's retirement. Some legislators felt the matter should be delayed until the new position was better defined. It was also noted that a lot of consideration was given to the creation of the new position, and the County will need to have someone knowledgeable on hand in the event that the County Administrator retires in the near future. 178 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS This position would act as an assistant to the County Administrator and also as a grants writer. Chairman Crandall noted that there will be further efforts to define the position in committee prior to filling it. RESOLUTION NO. 170-08 APPOINTMENT OF MEMBER TO ALLEGANY COUNTY BOARD OF ETHICS Offered by: Personnel Committee RESOLVED: 1. That Thomas Hennessy of Wellsville, New York is appointed as a member of the Allegany County Board of Ethics to serve at the pleasure of the Board of Legislators. Moved by: Mr. Hall Seconded by: Mr. Pullen Adopted: Voice Vote RESOLUTION NO. 171-08 MEMORIALIZING STATE LEGISLATURE TO CAUSE CORRIDOR STUDIES TO BE DONE OF THE EXTENSION SOUTHERLY OF STATE ROUTE 408 AND THE EXTENSION EASTERLY OF STATE ROUTE 243 Offered by: Ways and Means Committee WHEREAS, the County is desirous of promoting economic development and tourism in Allegany County and the surrounding Southern Tier of New York State, and WHEREAS, the present New York State government is desirous of promoting economic growth in Western New York, and WHEREAS, a review of the State Highway System shows that there is a lack of an East-West state route and a lack of a North-South state route through the northeast quadrant of Allegany County, and WHEREAS, the northeast quadrant of Allegany County reflects the absence of adequate highway infrastructure necessary for the health, safety, and economic development and growth of Allegany County, and WHEREAS, Allegany County is a very poor County and needs the help of the state to provide transportation routes as most of the public roads in the northeast 25 percent of the County are not paved, and WHEREAS, the placement of an East-West route, by extending State Route 243, would encourage development in this area and would also provide access from Swain to Rushford and Cuba Lake as well as access to the Economic Development Zone in the Town of Friendship, and WHEREAS, a review of the State Highway System shows that State Route 408 presently exists as a two-lane highway from its intersection with I-390 near Mt. Morris, New York, and thence southerly through Livingston County to Dalton, New York, and WHEREAS, the placement of an extended State Route 408 would provide a NorthSouth two-lane highway access to the Economic Development Zone in the Town of Friendship and the County “Crossroads” EDZ project, and 179 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 14, 2008 WHEREAS, the extension of State Route 408 as a two-lane highway southerly from Dalton, New York, through Allegany County to intersect with State Route 19 at Transit Bridge would encourage development along the proposed route and would provide access from the more urban areas north of Livingston County, such as the Interstate 390 Corridor, to Allegany County, and WHEREAS, the extension of State Route 408, to run southerly and southwesterly along existing unimproved town roads and county roads through the hamlet of Aristotle to Transit Bridge, would provide easier access for tourists to visit Allegany County, and WHEREAS, it is understood that such proposed extension of State Route 408 and such proposed extension of State Route 243 are included in the State Department of Transportation’s Long Range Plan, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators hereby memorializes the New York State Legislature to pass legislation which would require that two corridor studies be done: the first for the extension of State Route 243 from its existing terminus at its intersection with State Route 19, easterly to the Garwood/State Route 70 area; and the second for the extension of State Route 408 from its existing terminus in Dalton southerly and then southwesterly through Aristotle to the Transit Bridge/State Route19/State Route 17 area. 2. That certified copies requesting support of this resolution be forwarded to County of Livingston, New York State Senator Dale M. Volker, Assemblyman Joseph A. Errigo, Village of Mount Morris, Town of Mount Morris, Town of Nunda, Town of Ossian, Village of Dansville, County of Steuben, New York State Senator George H. Winner, Jr., Assemblyman James G. Bacalles, and Town of Dansville. 3. That certified copies of this Resolution be forwarded to New York State Governor David Paterson, New York State Senator Catharine M. Young, Senate Majority Leader Dean G. Skelos, Assembly Speaker Sheldon Silver, Assemblyman Daniel Burling, Assemblyman Joseph M. Giglio, Commissioner of Transportation Astrid C. Glynn, NYSAC, and the InterCounty Association of Western New York. Moved by: Mr. Reynolds Adopted: Roll Call Seconded by: Mr. Dibble 9 Ayes, 6 Noes, 0 Absent Voting No: Kruger, McCormick, O'Grady, Russo, Truax, Ungermann RESOLUTION NO. 172-08 ACCEPTANCE OF MEMBER ITEM FUNDING FROM STATE SENATOR CATHARINE YOUNG FOR PURCHASE OF EQUIPMENT FOR THE PROBATION DEPARTMENT; APPROPRIATION OF FUNDING TO PROBATION EQUIPMENT ACCOUNT Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. That the sum of $3,500 of member item funding from State Senator Catharine Young to the Probation Department of Allegany County to offset the cost associated with the purchase of 14 American Body Armor (Model 2-2) Bulletproof Vests, is accepted. 180 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 2. That the accepted sum of $3,500 is appropriated to Account No. A3140.2 (Probation - Equipment) with a like sum credited to a Revenue Account to be determined by the County Treasurer. Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The total cost of the bulletproof vests referred to in Resolution No. 172-08 is $12,390. Federal funds will cover 50 percent, leaving a balance of $6,195. After the member item funding of $3,500 is applied, $2,695 remains as the County share.) RESOLUTION NO. 173-08 TRANSFER OF FUNDS WITHIN SPECIAL EDUCATION PHC CONTRACTUAL EXPENSES ACCOUNT Offered by: Human Services Committee RESOLVED: 1. That the sum of $450,000 is transferred from Account No. A2960.421 (Tuition/Center-Based) to Account No. A2960.442 (Related Services). Moved by: Mr. Truax Seconded by: Mr. Hopkins Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The Preschool Special Education Account transfer approved by Resolution No. 17308 was necessary to cover services projected through December 31 based on current statistics. The reason the account was under budgeted is that more children are receiving services via Related Services, meaning in the home, daycare, etc. – what the state considers to be the least restrictive environment.) RESOLUTION NO. 174-08 TRANSFER OF FUNDS WITHIN COUNTY CLERK ACCOUNTS Offered by: Personnel Committee RESOLVED: 1. That the sum of $250 is transferred from Account No. A1410.401 (County Clerk Postage) to Account No. A1410.201 (County Clerk Equipment). Moved by: Mr. Hall Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 175-08 TRANSFER OF FUNDS WITHIN EMPLOYMENT AND TRAINING APPROPRIATION ACCOUNTS Offered by: Ways and Means Committee RESOLVED: 1. That the transfers of the following appropriations are approved: 181 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 14, 2008 Appropriations From: CD1 6400.101 CD1 6400.101 CD1 6400.101 CD1 6401.474 CD1 6402.101 CD1 6406.101 CD1 6406.201 CD1 6406.474 CD1 6406.474 CD1 6406.474 CD1 6414.101 CD1 6414.802 CD1 6795.101 CD1 6795.101 To: CD1 6403.806 CD1 6412.475 CD1 6403.101 CD1 6410.806 CD1 6402.806 CD1 6412.806 CD1 6403.474 CD1 6412.101 CD1 6412.474 CD1 6413.474 CD1 6415.101 CD1 6415.803 CD1 6794.101 CD1 6794.802 Total Moved by: Mr. Reynolds Seconded by: Mr. Truax Amount: $10,000 2,300 2,000 4,500 4,000 3,500 1,000 7,000 3,000 2,500 1,000 600 7,500 5,000 $53,900 Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 176-08 TRANSFER OF FUNDS WITHIN SHERIFF ACCOUNTS; TRANSFER OF FUNDS FROM CONTINGENCY TO SHERIFF ACCOUNTS Offered by: Ways and Means and Public Safety Committees RESOLVED: 1. That the sum of $20,000 is transferred from Account No. A3110.101 (SheriffAdministrative) to A3150.423 (Jail-Contractual). 2. That the sum of $77,900 is transferred from A1990.4 (Contingent) to the following Sheriff contractual accounts: $1,800 to A3110.401 (Postage); $4,000 to A3110.407 (Office Supplies); $25,000 to A3110.422 (Gas/Oil); $500 to A3150.401 (Postage); $1,600 to A3150.404 (Maintenance); $45,000 to A3150.423 (Food Supply). Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 177-08 RESOLUTION AUTHORIZING COUNTY OF ALLEGANY TO ENTER INTO AN AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) ACTING AS THE DESIGNATED RECIPIENT (DR) FOR FTA GRANT FUNDS FOR IMPLEMENTATION OF THE ALLEGANY COUNTY MOBILITY MANAGEMENT PLAN Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. That this Board authorizes the County of Allegany to enter into an agreement with the New York State Department of Transportation (NYSDOT) acting as the designated recipient (DR) for the Federal Transit Administration (FTA) Grant funds. 182 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 2. The amount of funding to be received by the County of Allegany for the implementation of the County Mobility Management Plan is $250,000 and will be appropriated to an account designated by the County Treasurer. 3. That the Chairman of this Board of Legislators is authorized to enter into such Agreement. Moved by: Mr. Dibble Seconded by: Mr. Reynolds Adopted: Roll Call 14 Ayes, 1 No, 0 Absent Voting No: Burdick Comments made regarding Resolution No. 177-08: Legislator O'Grady questioned if the $250,000 funding was for one or two years, and whether we would be committing to the full two years. Mr. Margeson responded that it was for two years, and although he has not seen the agreement yet, if the County wished to opt out after the first year, typically the balance of funds would be returned. Resolution Intro No. 182-08 (RESOLUTION AUTHORIZING COUNTY OF ALLEGANY TO ENTER INTO AN AGREEMENT WITH PUBLIC SECTOR HR CONSULTANTS, LLC AND EMPLOYEE SERVICES, INC.; TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO FINANCE COST OF A WORKPLACE VIOLENCE PREVENTION PROGRAM) was DEFEATED following a roll call vote of 7 Ayes, 8 Noes, 0 Absent. Voting No: Benson, Kruger, McCormick, O'Grady, Pullen, Russo, Truax, Ungermann. Discussion included: Some legislators felt that the development of a Workplace Violence Prevention policy could be done in-house, while others felt the issue was complicated and outside consultants would accomplish the task according to state requirements in a more timely manner. RESOLUTION NO. 178-08 APPROVAL OF AGREEMENTS WITH THE TOWNS OF CANEADEA AND FRIENDSHIP, AND VILLAGES OF BOLIVAR, CUBA, AND WELLSVILLE, IN RELATION TO THE DISPOSAL OF COUNTY LANDFILL LEACHATE AT TOWN AND VILLAGE WASTE WATER TREATMENT PLANTS; AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENTS Offered by: Public Works Committee RESOLVED: 1. That Agreements between the County of Allegany and the Towns of Caneadea and Friendship, and Villages of Bolivar, Cuba, and Wellsville, in relation to the County’s disposal of leachate at the Towns’ and Villages’ waste water treatment plants for the period January 1, 2009 to December 31, 2009, are approved. 2. That the Chairman of this Board is authorized to execute the Agreements. Moved by: Mr. Fanton Seconded by: Mr. Ungermann Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The terms of the agreements approved by Resolution No. 178-08 remain the same as for the past several years at $.025 per gallon.) 183 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 14, 2008 RESOLUTION NO. 179-08 APPROVAL OF AGREEMENT WITH DENTRUST DENTAL NEW YORK, P.C. TO PROVIDE DENTAL CARE FOR INMATES AND DETAINEES AT THE ALLEGANY COUNTY JAIL Offered by: Public Safety Committee RESOLVED: 1. That the Agreement between Allegany County and Dentrust Dental New York, P.C. for the provision of dental care for inmates and detainees at the Allegany County Jail is approved. 2. That the prior execution of such agreement by the Chairman of this Board is hereby approved and ratified. Moved by: Mr. Dibble Seconded by: Mr. Truax Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: Regarding Resolution No. 179-08, currently there are no Allegany County dentists to be used for inmates housed in the County Jail. Transportation of inmates needing dental attention requires two officers and the associated vehicle expenses. With this contract, dentists will come to our facility, saving on the cost per inmate for dental services, and it also provides a more secure situation. Sheriff Tompkins noted that potential savings are estimated at about 50 percent.) AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Kruger and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $5,458,163.69 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $7,049,659.) ADJOURNMENT: The meeting was adjourned following a motion made by Legislator Truax, seconded by Legislator Dibble and carried. -------- 184 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS REGULAR SESSION - OCTOBER 27, 2008 The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. APPROVAL OF MINUTES: The Board meeting minutes of October 14, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried. Legislator Ungermann commented that there was more discussion than what was reflected in the minutes on page 12 for Resolution Intro. No. 182-08 regarding an agreement with Public Sector HR Consultants, which was defeated. PUBLIC HEARING: Chairman Crandall closed the regular meeting to hold a public hearing on Local Law Intro. No. 4-2008, entitled “A Local Law to Provide Increases in the Compensation of Certain County Officers.” There being no one desiring to speak, the public hearing was declared closed and the Board reconvened in regular session. PRIVILEGE OF THE FLOOR: Chairman Crandall granted privilege of the floor to Paul Plants, NYS Oil Producers Association, who spoke in support of the resolution urging a variance in oil and gas well drilling regulations. The Department of Environmental Conservation wants to limit any new field production to a ratio of one barrel of oil to 2,000 cubic feet of gas. The wells in New York State are so poor and the sands are so tight that if that regulation stands, we can’t produce these wells when drilled. Testing has revealed that, depending on the wells, it takes upwards of 50,000 cubic feet before reaching the first amount of oil. Mr. Plants noted that this is not a law, but a regulation that DEC can use, or not use, depending on the discretion of the Director of DEC. Chairman Crandall took the floor to present framed Certificates of Appreciation to employees being recognized for 30 years of service to Allegany County. Chairman Crandall noted that the group collectively has a lot of years of valuable experience. As we are seeing a more experienced workforce, we are realizing the need to pass this experience along in any way possible. Chairman Crandall thanked the honorees for their years of service thus far. Recognized were: John E. Margeson, County Administrator Louise Windus, Senior Tax Map Technician, Real Property Tax Service Agency Timothy G. Allen, Building Maintenance Assistant, Department of Public Works Jeffrey R. Hooker, Building Maintenance Assistant, Department of Public Works Kristine S. Young, Senior Case Manager, Department of Social Services Rodrick A. Francis, Road Maintenance Supervisor, Department of Public Works Dawn S. Santangelo, Engineering Technician, Department of Public Works. Not in attendance, but also to receive certificates are: David J. Bentley, Deputy Sheriff Charles K. Butler, Deputy Sheriff Richard G. Fontaine, Deputy Sheriff Donna M. Emrick, Job Developer, Employment and Training Patricia M. Francis, Senior Account Clerk Typist, Employment and Training Frank K. Karnes, Heavy Motor Equipment Operator II, Department of Public Works 185 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 27, 2008 Chairman Crandall granted privilege of the floor to Assistant County Attorney Leslie Haggstrom who spoke on behalf of the Allegany County Area Foundation. The Foundation is in its 25th year. They are proud of the work they’ve accomplished so far and appreciate the Board’s continued support. Annual Reports were distributed. Ms. Haggstrom introduced Robert Christian, Executive Director, to accept a donation on behalf of the Foundation. Chairman Crandall presented Mr. Christian with a check, drawn on the legislators’ non-taxfunded flower fund, and noted that the Board appreciates the work accomplished by the Foundation. Over the past years, they have grown into a vitally important part of the County. Mr. Christian thanked the Board, as a group and individually, for their support to the Foundation. They are a community foundation belonging to the people of the County. Their work is made possible through donations, and gifts like this are vital to allow them to continue giving scholarships and grants, enabling some students to attend college who might not otherwise be able to. Mr. Christian requested that the Board share with the community about what the Foundation is doing and its importance. Chairman Crandall granted privilege of the floor to Allegany County United Way Executive Director Julie Briggs Cunningham and Campaign Chairman Donna Sweet. Ms. Sweet noted that this is their 50th year, and since the organization began in 1958, they have raised a total of $4,869,253. The Allegany County United Way has shifted its focus, changing to a community impact organization from a fundraising organization, effecting sustainable change and impacting the lives of Allegany County residents in areas such as health, education, and economic stability. Donations are investments in the future of our County. Ms. Sweet thanked all those who have already given donations. Ms. Cunningham highlighted the particulars of the campaign structure, which include interviews of agencies and many hours of time and effort in order to ensure that our gifts do what they say and create an impact. Examples of United Way’s initiatives and partnerships are the Earned Income Tax Credit Free Tax Preparation Assistance Program, which last year resulted in a 71 percent increase in tax returns filed for free and a corresponding increase in money coming back into the County in the form of refunds, and the Caremark Discount Prescription Drug Program, saving up to 20 percent for medications not covered by a health plan. Allegany County United Way is doing its best to create an impact. They reached their goal of $275,000 last year, and the goal for this year is $287,000. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Committee of the Whole minutes of October 15, 2008 for review. 2. Correspondence was received from the Allegany Senior Foundation thanking the Board for its recent contribution. 3. A news release was received from the Southern Tier West Regional Planning and Development Board highlighting their October 16 meeting. PROCLAMATION: Chairman Crandall proclaimed October 26 through November 1, 2008 as Winter Weather Awareness Week in Allegany County and urged all citizens to prepare for the upcoming season by heeding the advice and information from the emergency management community so that they can enjoy winter with a greater sense of comfort and safety. 186 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTIONS: RESOLUTION NO. 180-08 ADOPTION OF LOCAL LAW INTRO. NO. 4-2008, PRINT NO.1, IN RELATION TO A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS Offered by: Ways and Means Committee RESOLVED: 1. That proposed Local Law Intro. No. 4-2008, Print No. 1, is adopted without any change in language, to wit: COUNTY OF ALLEGANY Intro. No. 4-2008 Print No. 1 A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows: Section 1. Commencing January 1, 2009, the annual salary of the incumbents of the following County offices shall be as follows: County Treasurer - $64,250; Real Property Tax Director - $51,281; County Clerk - $57,250; County Attorney - $86,250; Personnel Officer - $50,099; Public Works Superintendent - $66,521; Public Health Director - $64,202; Social Services Commissioner - $68,471; Employment and Training Director - $58,810; Coroners $150 p/d. Section 2. of State. This local law shall take effect on the date of its filing with the Secretary Moved by: Mr. Reynolds Seconded by: Mr. Pullen Adopted: Roll Call 12 Ayes, 3 Noes, 0 Absent Voting No: Kruger, Russo, Ungermann (Memo: Following adoption per Resolution No. 180-08, Local Law Intro. No. 4-08 became Local Law No. 4-08.) Comments made regarding Resolution No. 180-08: Concern was voiced by Legislators Kruger, Russo, and Ungermann about the state of the economy, the recent stock market situation, and the anticipated increase in the County’s state retirement payment. Salary increases are also accompanied by the 51 percent benefit expense. Granting increases at this time wouldn’t be setting a good example with constituents. Economic times should dictate where money is spent, and there are so many places where there is no choice, so something has to suffer, and this is one. It was also noted that there have been some very productive meetings to establish a system of granting annual salary increases, and there has been progress, but a comment was made that once a plan is devised, it should be adhered to. In support of the resolution, Legislator Pullen commented that although the County has to have a balanced budget and work through difficulties, the County’s mission involves delivery of services, which is accomplished by department heads and the key positions such as those included in the resolution. The increases given were less than the cost of living and already reflect the realities of our economic situation. 187 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 27, 2008 RESOLUTION NO. 181-08 RESOLUTION SETTING DATE FOR PUBLIC HEARING ON EIGHT-YEAR REVIEW OF AGRICULTURAL DISTRICT NUMBER ONE Offered by: Public Works Committee WHEREAS, Agricultural District Number One, being within the Towns of Allen, Birdsall, Centerville, Caneadea, Hume, Granger, Grove, New Hudson, and Rushford, was created by Resolution No. 162-2000 on July 10, 2000, and WHEREAS, pursuant to Agriculture and Markets Law § 303-a an eight-year review of the District is required, and WHEREAS, a thirty-day notice of such review has been given, and WHEREAS, the reports of the County Planning Board and the Agricultural and Farmland Protection Board have been prepared recommending a continuation of this District with modifications in acreage, and WHEREAS, the law requires that a public hearing be held on such review, now, therefore, be it RESOLVED: 1. That a public hearing on the review of Agricultural District Number One shall be held by this Board at the County Legislators' Chambers, Room 221, County Office Building, 7 Court Street, Belmont, New York on November 10, 2008, at 2:00 P. M. 2. That the Clerk of the Board of Legislators shall prepare, with the assistance of the County Attorney, a notice of the public hearing, and cause such notice to be published in the Olean Times Herald and mailed in accordance with Section 303-a of the Agriculture and Markets Law. Moved by: Mr. Fanton Seconded by: Mr. McCormick Adopted: Voice Vote RESOLUTION NO. 182-08 CREATING ONE POSITION OF CLINIC SECRETARY IN THE HEALTH DEPARTMENT Offered by: Human Services Committee RESOLVED: 1. That one position of Clinic Secretary is created in the Health Department. 2. This resolution shall take effect on October 28, 2008. Moved by: Mr. Truax Seconded by: Mr. Dibble Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The Clinic Secretary position created by Resolution No. 182-08 will be in addition to the existing Clinic Secretary who is no longer functioning as Clinic Secretary due to a Plan of Correction through the Article 28 Family Planning program, and duties have been reassigned 188 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS to her. A Clinic Secretary is needed in the Family Planning and other Public Health clinics. Four clerical support positions will be abolished when the Home Care Program transfers in December, so this position will be filled with an existing staff member. Funding will be 72 percent state and 28 percent County.) Comments made regarding Resolution No. 182-08: Public Health Director Lori Ballengee explained that the department already lost one clerical person in Home Care due to a resignation, and the existing Clinic Secretary had to take over those duties. Chairman Crandall noted that the new position falls in line with the plan of adjustments in the Health Department. RESOLUTION INTRO NO. 188-08 (CREATING ONE POSITION OF CORRECTION OFFICER IN THE SHERIFF’S DEPARTMENT) was WITHDRAWN following a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried. Sheriff Tompkins explained that the Deputy Sergeant planning to retire withdrew his retirement papers, and he won’t need this new position until the retirement occurs. The retirement will result in the promotion of a Deputy to Deputy Sergeant creating a staff vacancy. RESOLUTION NO. 183-08 APPOINTMENT OF ONE MEMBER TO COUNTY BOARD OF HEALTH Offered by: Human Services Committee Pursuant to Public Health Law §§ 343 and 344 RESOLVED: 1. That Rajan Gulati is appointed to fill a vacancy to the County Board of Health, with term of office commencing October 27, 2008, and expiring July 7, 2013. Moved by: Mr. Truax Seconded by: Mr. Kruger Adopted: Voice Vote RESOLUTION NO. 184-08 WAIVER OF TRAINING FOR VETERAN PLANNING BOARD MEMBERS FOR CALENDAR YEAR 2008 Offered by: Ways and Means Committee WHEREAS, General Municipal Law 239-C provides that the training required by Planning Board Members may be waived or modified by the County when, in the judgment of the governing board, it is in the best interest of the County to do so, and WHEREAS, Allegany County Board Resolution No. 8-08, Resolution for Acceptable Training for Planning Board Members, states "the training required by this paragraph may be waived or modified by the County when, in the judgment of the governing board, it is in the best interest of the County to do so," and WHEREAS, the veteran Planning Board members have numerous years of experience, and have attended numerous training sessions and seminars before the 239-C training was required, now, therefore, be it 189 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 27, 2008 RESOLVED: 1. That the training requirements for the following list of veteran Planning Board members be waived for the calendar year 2008: Lee Gridley, Ronald Stuck, James Ninos, Charles Jessup, Clifford Ackley, Dale Foster, Robert Ellis, and Wendall Brown. Moved by: Mr. Reynolds Seconded by: Mr. Russo Adopted: Voice Vote Resolution Intro. No. 191-08 (Urging the State of New York Department of Environmental Conservation to Implement a Variance in Existing Regulations Pertaining to Drilling in the Upper Devonian Oil Producing Formations above the Tully Limestone) was amended on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried by adding wording related to an attachment at the end of the ninth “Whereas,” and changing the wording in the tenth “Whereas.” (County Attorney Thomas Miner distributed amended copies of the proposed resolution prior to the meeting.) RESOLUTION NO. 185-08 URGING THE STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO IMPLEMENT A VARIANCE IN EXISTING REGULATIONS PERTAINING TO DRILLING IN THE UPPER DEVONIAN OIL PRODUCING FORMATIONS ABOVE THE TULLY LIMESTONE Offered by: Ways and Means Committee WHEREAS, several counties in the State of New York possess exploitable and valuable oil and gas resources, and WHEREAS, seventy to eighty percent of oil reserves are still in place in Allegany County, and WHEREAS, new technology has made the renewed production of oil and gas and a revitalization of the oil and gas industry in Allegany County and the State of New York possible, and WHEREAS, the recent rise in the price of oil has made it profitable to pursue oil and gas development if state regulations and policies are industry friendly, and WHEREAS, the State of New York through its laws and regulations unnecessarily restricts oil and gas drilling and production within certain geological formations, and WHEREAS, elimination of certain restrictions has the potential to provide significant economic benefits with little environmental impact, and WHEREAS, recent worldwide economic events pose serious new challenges to this state’s economy and the economy of Allegany County, and WHEREAS, it is critical to the well-being of all New Yorkers that the state, in looking for new sources of revenue and economic development, make every effort to promote the intelligent development and utilization of our natural resources, and WHEREAS, the New York State Department of Environmental Conservation maintains a geologic chart described as the Stratigraphic Section of Southwestern New York State as attached hereto, and 190 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS WHEREAS, the Allegany County Board of Legislators had previously adopted Resolution 136-2008 urging the state legislature and Department of Environmental Conservation to modify New York State Environmental Conservation Law and regulations to eliminate oil well spacing and the gas-oil production ratio in the Upper Devonian Period, Canadaway Group Formations, as described in the Stratigraphic Section of Southwestern New York State maintained by the State Department of Environmental Conservation, and WHEREAS, present restrictions on shallow Upper Devonian wells lead to premature abandonment of resources and does not protect the correlative rights of mineral owners and well operators, and WHEREAS, specific steps can and must be taken to address these concerns, now, therefore, be it RESOLVED: 1. That existing state regulations dealing with oil and gas drilling be modified to provide that any Upper Devonian Period well completed in horizons above the Middle Devonian Tully Unit and producing less than ten (10) BOPD shall be deemed a marginal well. All of the sand lenses comprising the Upper Devonian formations above the Tully Unit shall be considered one producing horizon and not subject to commingling rules. These wells shall be spaced in accordance with NYSDEC oil well spacing and not be required to differentiate oil and gas saturations from sand to sand or wellbore to wellbore. Furthermore, gas to oil production ratio requirements shall be eliminated for any oil well drilled in the Upper Devonian where well depth is above the Tully. For oil wells in old oil fields drilled in the Upper Devonian, all spacing requirements shall be eliminated with the exception of property line setbacks. If two adjacent properties in an old oil field have the same mineral rights owners and operators the setback requirements shall be eliminated. 2. That certified copies of this resolution be mailed to New York State Governor David A. Paterson, NYS DEC Commissioner Peter Grannis, the Senate and Assembly EnCon Committees, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, NYSAC, and the InterCounty Association of Western New York. Moved by: Mr. Reynolds Seconded by: Mr. Dibble Adopted: Voice Vote Comments made regarding Resolution No. 185-08: Legislator Dibble illustrated the importance of the resolution with the display of some oil field maps. The gas to oil ratio is presently prohibiting the production of wells. He also used as an example the following scenario: One oil and gas company is looking at the Town of Independence. If the variance is granted by the NYS DEC, it could result in the drilling of 1,000 new oil wells at an investment of $150,000,000 over 20 years; $48 million in royalty payments to the landowners; and $380 million in production income that is subject to sales tax. RESOLUTION NO. 186-08 A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2006 TO 2008 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 § 554 191 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 27, 2008 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 Angelica is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Benson, Irvine S.; Parcel 120.18-1-96 Assessment: Land $500 Total $500 this Parcel should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: Allegany County Town of Angelica School Relevy Total $7.52 $2.34 $8.52 $18.38 5. That the Tax Collector of the Town of Grove is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Hotchkiss, Joan M. & Lovelace, Sharron R.; Parcel 9.-1-12.4 Assessment: Land $7,425 Total $7,425 this Parcel is a duplicate and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books: 192 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Allegany County Town of Grove Fire Total $110.66 $79.82 $1.14 $191.62 6. That the Tax Collector of the Town of Willing is ordered and directed to correct in the 2006 to 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Taylor, Rick; Parcel 187.-1-983 Assessment: Land $9,522 Total $9,522 this Parcel should not have been on the Tax Roll because it doesn't exist, and the County Treasurer is directed to make the following charges and refund on her books: 2006 Allegany County Town of Willing Fire School Relevy School Library Total $138.85 $51.48 $8.70 $234.43 $433.46 2006-2007 School $224.83 $3.11 $227.94 2007 2008 $147.64 $52.50 $8.74 $142.46 $51.91 $7.98 $243.31 $208.88 $445.66 7. 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. 8. 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, 2009. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2009. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 187-08 ACCEPTANCE OF INSURANCE PAYMENTS FROM ZURICH AMERICAN INSURANCE COMPANY AND NYMIR; APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNT Offered by: Ways and Means Committee WHEREAS, a check in the amount of $5,571, representing the actual cash value plus tax and title fee for a totaled 2001 Chevy Malibu County vehicle has been offered by Zurich American Insurance Company, and WHEREAS, a check in the amount of $220.96, representing the full cost to replace a broken windshield on a 1998 Chevy Lumina County vehicle has been offered by NYMIR, now, therefore, be it 193 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 27, 2008 RESOLVED: 1. That the insurance payments from Zurich American Insurance Company and NYMIR totaling $5,791.96, are accepted. 2. That the sum of $220.96 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) and the sum of $5,791.96 is credited to Revenue Account No. CS07.2680 (Risk Retention – Insurance Recovery). Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The insurance payments accepted in Resolution No. 187-08 were for an Information Technology vehicle that was totaled by Zurich’s insured on October 1, and a Community Services vehicle windshield that was cracked on September 8.) RESOLUTION NO. 188-08 REAPPROPRIATION OF 2007 CALENDAR YEAR FUNDING FOR HEAP AND POE FROM THE STATE OF NEW YORK Offered by: Human Services Committee RESOLVED: 1. That HEAP and POE grant funds in the amount of $15,500 not spent in calendar year 2007 are reappropriated as follows: $4,000 to Account No. A6777.1; $2,500 to Account No. A6777.8; $6,000 to Account No. A6787.1; $1,500 to Account No. A6787.4; and $1,500 to Account No. A6787.8; with a sum of $6,500 to Revenue Account No. A09.2801.40; and $9,000 to Revenue Account No. A10.3772.6787. Moved by: Mr. Truax Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 189-08 INCREASING APPROPRIATIONS AND REVENUES IN OFFICE FOR AGING ACCOUNTS Offered by: Human Services Committee WHEREAS, the Office for the Aging has advised that due to supplements in Federal Grants Titles III-B, III-E, and VII with the Department of Social Services, certain appropriations and revenues should be increased, now, therefore, be it RESOLVED: 1. That the following Office for the Aging Accounts are increased a total of $3,959 as follows: $403 to Account No. A6773.4; $3,455 to Account No. A6781.4; and $101 to Account No. A6786.4; with a sum of $403 to Revenue Account No. A11.4772.01; $3,455 to Revenue Account No. A11.4772.05; and $101 to Revenue Account No. A11.4772.10. Moved by: Mr. Truax Seconded by: Mr. Dibble Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent 194 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 190-08 TRANSFER OF FUNDS WITHIN OFFICE FOR AGING ACCOUNTS Offered by: Human Services Committee RESOLVED: 1. follows: That the sum of $20,310 is transferred within Office for Aging accounts, as From A6722.1 A6772.1 A6773.1 A6773.1 A6776.1 A6776.1 A6778.1 A6779.1 A6780.1 A6782.1 A6784.1 To Amount A6772.4 A6772.8 A6773.4 A6773.8 A6776.4 A6776.8 A6778.8 A6779.8 A6780.8 A6782.8 A6784.8 $1,500 $2,000 $4,000 $1,400 $4,700 $1,100 $1,200 $ 300 $1,500 $1,100 $1,510 Total Moved by: Mr. Truax Seconded by: Mr. Pullen $20,310 Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent Comments made regarding Resolution No. 190-08: Office for the Aging Director Kimberley Toot explained that there were extra funds that could be transferred from the personnel services accounts because of some personnel issues: their Coordinator of Services resigned and it took a few months to fill the position, and there were a couple of medical leaves. RESOLUTION NO. 191-08 TRANSFER OF FUNDS WITHIN SOLID WASTE CONTRACTUAL EXPENSES ACCOUNT Offered by: Public Works Committee RESOLVED: 1. That the sum of $41,000 is transferred from Account No. A8160.1 to Account No. A8160.4 to cover expenditures for the remainder of year. Moved by: Mr. Fanton Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent 195 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 27, 2008 RESOLUTION NO. 192-08 TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO LAW ENFORCEMENT SHERIFF CONTRACTUAL EXPENSES ACCOUNT Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. That the sum of $31,250 is transferred from Account No. A1990.4 (Contingent) to Account No. A3110.4 (Sheriff – Contractual), to finance the purchase of scheduling software. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The scheduling software referred to in Resolution No. 192-08 will be utilized for controlling and documenting all work, including overtime, in the jail. The Telestaff software has an initial contract cost of $33,250, of which $5,000 is designated for a server. Initial conversations with the Information Technology Department suggest that the server can be purchased for between $2,500 and $3,000, resulting in an initial cost of approximately $31,250. The annual maintenance cost for the first year would be $4,470. The Sheriff anticipates recovering the initial cost within a five-year period through better monitoring of all shifts and control of overtime.) Comments made regarding Resolution No. 192-08: Sheriff William Tompkins explained that the software will pay for itself inside of five years. Currently they have to pay a person to call staff in for overtime; sometimes that person is dedicated for an entire shift making calls. The software would do that automatically and makes a complete digital record to back-up contractual obligations. It will give employees access to the scheduling process, and days off will have to be approved electronically. The system will keep track of the entire process, something that has never occurred before. With the large number of employees, it’s becoming impossible to keep up day to day. The software also interfaces with our AS400 accounting system. Another advantage will be accountability. Savings will be realized by not having to have personnel tied up making the overtime calls, and also by the eliminating the problem of having two people show up for overtime, both claiming to have been called in. Jail Administrator Christopher Ivers spoke with other counties using the software and they speak highly of it. Chairman Crandall noted that contracts and agreements should be reviewed by the County Attorney, and IT should be consulted about compatibility. RESOLUTION NO. 193-08 APPROVAL OF AMENDMENT OF COURT SECURITY AGREEMENT (C200357) BETWEEN THE NEW YORK STATE UNIFIED COURT SYSTEM AND THE ALLEGANY COUNTY SHERIFF'S DEPARTMENT Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. The amendment agreement for the period April 1, 2008, through March 31, 2009, between the New York State Unified Court System and the Allegany County Sheriff's Department for the provision of Court Security, is approved. 2. That the Allegany County Sheriff being authorized to execute such Amendment on behalf of the County. 196 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Moved by: Mr. Dibble Seconded by: Mr. Reynolds Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The Court Security Agreement Amendment approved by Resolution No. 193-08 includes reimbursement for services in the amount of $288,957.) RESOLUTION NO. 194-08 APPROVAL OF AGREEMENTS WITH APPROVED PROVIDERS OF PROGRAMS, SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES Offered by: Human Services Committee RESOLVED: 1. That each Agreement titled "County of Allegany Contract for Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with Pathways, Inc., and Kid-Start, Livingston Wyoming ARC for the period September 1, 2008 to August 31, 2009, is approved. 2. That the Chairman of this Board is authorized to execute such Agreements. Moved by: Mr. Truax Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent (Memo: The contracts approved by Resolution No. 194-08 provide for special education services for preschoolers with disabilities, and are renewed annually. Services include: center-based programming, SEIT [Special Education Itinerant Teacher], and evaluation services. Reimbursement for services provided will be made at the rates approved by the New York State Education Department.) Resolution Intro. No. 201-08 (Resolution Urging the Governor and the State Legislature to Reduce State Spending without Shifting Costs for State Programs to County Government) was not pre-filed and was considered from the floor on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried. RESOLUTION NO. 195-08 RESOLUTION URGING THE GOVERNOR AND THE STATE LEGISLATURE TO REDUCE STATE SPENDING WITHOUT SHIFTING COSTS FOR STATE PROGRAMS TO COUNTY GOVERNMENT Offered by: Ways and Means Committee WHEREAS, Counties in New York have long served as the principal partner in administering the State's most critical programs in areas such as health, human services, and public protection, and WHEREAS, as part of administering these programs, the State mandates that counties fund a significant portion of these programs through the county budget, and WHEREAS, these State mandates are the root cause of high property taxes at the county level, and 197 BOARD OF LEGISLATORS SESSION MINUTES, OCTOBER 27, 2008 WHEREAS, the enacted budget for State Fiscal Year 2008-09, included an across the board 2 percent reduction that affected over 100 county programs, and WHEREAS, the majority of the programs affected by this across the board reduction are State mandated, thus, significantly limiting a county's ability to mitigate the fiscal burden of this State action, and WHEREAS, as State policy makers continue to address looming State budget deficits it is critical that they draw a clear distinction between "cuts" in State funding and simple cost shifting that requires counties to fund a larger share of State mandated services, and WHEREAS, as experienced managers who must balance their own budgets, county officials understand and support the need for spending restraint, especially in difficult times, and WHEREAS, counties believe that it is preferable to restructure and eliminate unnecessary and wasteful spending than to implement across the board reductions without examining the merits of each program and service, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators calls on the Governor and State Legislature to reduce State spending without shifting the costs for State programs to county government. 2. That this Board believes that by working together, the State and its counties can fashion program efficiencies and changes that provide real, timely, and mutual fiscal benefit, while minimizing the impact on taxpayers. 3. That the Clerk of this Board is directed to send certified copies of this resolution to Governor David Paterson, the New York State Legislature, and all other members deemed necessary and proper. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Dibble and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $1,678,134.99 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $7,396,531.) COMMENTS: Legislator Reynolds made note of an article written by Legislator Hall that appeared in the NYSAC News entitled, “Innovation Solution Expands Wireless Network Capabilities.” Legislator Pullen commented on a recent article in “Business First” of Buffalo in which Niagara County is cited as facing a heavy tax burden, the heaviest tax burden in America. Residents there pay an average of 2.92 percent of their home’s value in real property taxes. He felt there was something wrong with those numbers, because Allegany County is 198 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS burdened with a significantly higher average, with some residents paying seven percent. Further in the article it was noted that the report considered 788 United States counties with populations of 65,000 or more, so the smaller, more rural counties are not even included. Mr. Pullen also looked at a report from the U.S. Tax Commission. The top eight most heavily tax burdened counties are all from Upstate New York, and 20 of the top 100 are from Upstate New York. New York City doesn’t even show up, as they are among the lowest burdened counties. By eliminating those counties with populations less than 65,000, the “Business First” article drops 23 counties from NY that are very heavily burdened. This reflects that the state taxing system policies and programs unfairly hit and burden rural Upstate New York counties. They have borne a high percentage of the costs of programs, and don’t have the businesses they have in urban areas to help with the tax base, so it comes out of real property tax. The average tax burden across the country is .9 percent, and in our County some pay seven percent. We have lost population and seats in the legislature. Programs are proposed with a break based on income for equity, when the underlying realities show they have targeted rural counties that don’t have the means to pay any other way than property taxes. Letters should be written to our federal and state officials encouraging them to look for ways to address this issue. We’re paying a tax rate six times the national average, and even the statistics don’t reflect it because we’re so small. ADJOURNMENT: The meeting was adjourned following a motion made by Legislator Truax, seconded by Legislator Dibble and carried. -------- PUBLIC HEARING 2009 ALLEGANY COUNTY TENTATIVE BUDGET NOVEMBER 6, 2008 The public hearing on the 2009 Allegany County Tentative Budget was declared open at 7:00 p.m. by Chairman Curtis W. Crandall, who then led the Pledge of Allegiance to the Flag. Invocation was given by Legislator Pullen. There were 12 legislators present; 3 absent (Legislators Benson, Reynolds, and Truax). Also present were 3 members of the public; 7 County employees (D. Aumick, L. Ballengee, A. Finnemore, T. Hull, J. Margeson, B. Riehle, and T. Ross); and Media (R. Mangels, WJQZ Radio; B. Quinn, Wellsville Daily Reporter). Chairman Crandall made note of the County’s updated website. The 2009 Tentative County Budget has been placed on the site, as well as budgets as far back as 2005 and all the individual departments’ annual reports. Chairman Crandall thanked all who were involved in working on the Tentative Budget, and he specifically acknowledged the County Administrator/Budget Officer, Treasurer/Deputy Budget Officer, Budget Committee Chairman and members, and department heads. County Administrator/Budget Officer John Margeson requested that the Clerk of the Board read an abbreviated version of his 2009 Budget Message: “The 2009 Tentative County Budget, which is the subject of tonight’s Public Hearing, calls for a levy of County property taxes in the amount of $25,381,144. This levy represents an increase of $954,233 over the levy of 2008. The increase in the Average County Tax Rate, based upon these numbers and taking into account a $38 million increase in the value of taxable assessments from 2008 to 2009, will be a minimal 1.3 percent. In 2008, property owners in Allegany County paid $16.40 in County tax for every $1,000 of assessed value for property they own. In 2009, they will pay $16.62 for every $1,000 of assessed value, or 22 cents more. Very recently, at my request, the Director of the 199 PUBLIC HEARING, 2009 TENTATIVE BUDGET, NOVEMBER 6, 2008 County Real Property Tax Services Agency researched and calculated the assessed value of the average single family residence in Allegany County. That research revealed the average assessed value of residential property in 2008 is $55,109. In terms of dollars and cents, that means the average homeowner in Allegany County, in 2008, paid a County property tax bill totaling $902. Based on the 2009 Tentative Budget, that same homeowner will pay a 2009 County property tax bill of $914. $902 in 2008. $914 in 2009. Twelve dollars more per year. One dollar more per month. In this day when the true increase in the cost of living for our County residents is approaching 4 or 5 percent, I believe it is highly commendable that we have prepared a 2009 operating budget which calls for a tax increase barely exceeding 1 percent. It didn’t happen by accident. Rather, it is the result of conscientious department heads and County legislators who are genuinely committed to providing County governmental services to our citizens in the most efficient and financially conservative means possible.” Mr. Margeson explained the procedure for the hearing. The Clerk of the Board read each major category of the Budget Appropriations, along with the corresponding total. A summary of comments and questions pertaining to each category is included below, with answers indicated in italics: Total General Government Support - $7,064,741 Total Education - $2,797,400 Total Public Safety - $8,796,393 Total Health - $5,663,386 Total Bus Transportation - $720,000 Total Economic Assistance & Opportunity - $35,168,251 Total Culture and Recreation - $457,918 Total Home & Community Services - $2,018,619 Total Undistributed - $19,237,357 Grand Total General Fund - $81,924,065 Total WIA Grant Fund - $1,175,451 Total Risk Retention Fund - $333,500 Total Risk Retention Health Fund - $5,800,000 Grand Total County Road Fund - $9,166,188 Grand Total Road Machinery Fund - $1,233,097 Grand Total Capital Projects Fund - $1,627,200 Total Self-Insurance Fund - $752,180 Total Debt Service Fund - $3,109,700 200 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Brian Quinn, Wellsville Daily Reporter, asked if the Board would be looking at any further ways to reduce debt service between now and the final approval of the budget. County Administrator/Budget Officer John Margeson responded that there are no proposals in regards to reducing debt service. The public hearing was declared closed at 7:17 p.m. -------- REGULAR SESSION - NOVEMBER 10, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 15 Present; 0 Absent. APPROVAL OF MINUTES: The Committee of the Whole meeting minutes of October 15, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Dibble and carried. The Board meeting minutes of October 27, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Dibble and carried. PUBLIC HEARING: Chairman Crandall suspended the regular meeting to hold a public hearing on the continuance and modification of Agricultural District Number One within the Towns of Allen, Birdsall, Centerville, Caneadea, Hume, Granger, Grove, New Hudson, and Rushford. There being no one desiring to speak, the public hearing was declared closed and the Board reconvened in regular session. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the 2007 Journal of Proceedings. 2. Also placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator in October 2008. 3. Also placed on each legislator’s desk was a copy of the Tax Bill Corrections approved by the County Administrator in October 2008. 4. Correspondence was received from the Allegany County Area Foundation thanking the Board for its recent contribution. 5. A notice was received for the next InterCounty Association meeting to be hosted by Genesee County on November 21 in Batavia. 6. An invitation was received to attend ACCORD Corporation’s detailed overview relating to New York State and federal non-profit law. 201 BOARD OF LEGISLATORS SESSION MINUTES, NOVEMBER 10, 2008 7. Correspondence was received from Judy Hopkins, Community Outreach Coordinator for Literacy Volunteers, regarding the Creating Opportunities for Rural Education (CORE) strategic planning session to be held on December 4 from 10 a.m. to 2 p.m. at Moonwinks. PROCLAMATIONS: Chairman Crandall proclaimed November 11, 2008 as Veterans’ Day in Allegany County in honor of the men and women who have served in our Nation’s Armed Forces and to express our appreciation for their service in times of peace and war. Chairman Crandall proclaimed November 2008 as Family Caregivers’ Month in Allegany County in tribute to the many family members providing care to loved ones. They deserve our gratitude and respect for their efforts. While there are demands in caring for others, they remain selfless in sharing themselves and their time with those in their care. RESOLUTIONS: RESOLUTION NO. 196-08 APPROVAL OF APPORTIONMENT OF MORTGAGE TAX TO TAX DISTRICTS AND AUTHORIZING WARRANT THEREFOR Offered by: Ways and Means Committee Pursuant to Tax Law § 261 (3) RESOLVED: 1. That the Semi-Annual Report for the period April 1, 2008, through September 30, 2008, relating to Mortgage Tax Receipts and Disbursements, and the proposed distribution of such mortgage tax receipts therein, is approved. 2. That the Clerk of this Board is authorized and directed to execute a warrant of this Board to the County Treasurer directing her to distribute to the several tax districts in the County their respective share of such mortgage tax. Moved by: Mr. Reynolds Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 197-08 AUTHORIZING PAYMENT TO TOWNS AND VILLAGES FROM ADDITIONAL MORTGAGE TAX FEE RETAINAGE BY COUNTY CLERK; APPROPRIATING FUNDS THEREFOR Offered by: Ways and Means Committee WHEREAS, by Resolution No. 214-2004 the County Clerk was authorized pursuant to Section 262 of the Tax Law to request and receive reimbursement from the State of New York for all of his necessary expenses incurred in the administration of the Mortgage Tax Program on behalf of the State of New York, and WHEREAS, it was the intent of this Board in adopting such resolution that the Towns and Villages of the County would not suffer any adverse financial consequences as a result of any increased retained expense reimbursement to the County Clerk, and 202 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS WHEREAS, the County Clerk has received reimbursement of his necessary expenses incurred in the administration of the Mortgage Tax Program, and WHEREAS, this Board wishes to appropriate part of such reimbursement of necessary expenses received by the County Clerk for the administration of the Mortgage Tax Program to the Towns and Villages of the County, now, therefore, be it RESOLVED: 1. The amount of $25,569.91 is appropriated from Account No. A1410.432 (County Clerk – Contractual) and shall be distributed to the Towns and Villages of the County as follows: TOWNS Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar Burns Caneadea Centerville Clarksville Cuba Friendship Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt TOTALS AMOUNT RETAINED BY COUNTY CLERK’S OFFICE FOR MORTGAGE REBATE AMT REBATE AMT TAX FEE TO TOWN TO VILLAGE 890.08 569.00 548.32 1,458.42 1,199.50 955.97 1,002.94 548.87 379.82 1,654.67 713.65 569.00 548.32 1,340.60 1,002.99 779.53 822.49 548.87 379.82 1,301.25 718.69 853.39 402.27 661.22 1,751.16 539.63 1,306.12 267.43 263.70 651.12 710.10 298.19 1,251.29 972.25 285.06 3,564.62 402.55 627.88 835.65 25,569.91 621.60 853.39 402.27 661.22 1,464.96 539.63 1,306.12 267.43 263.70 651.12 710.10 298.19 1,251.29 972.25 285.06 2,588.83 402.55 627.88 775.42 22,949.53 VILLAGES 176.43 Alfred 117.82 196.51 176.44 180.45 Almond Belmont Andover Angelica 328.60 Bolivar 24.82 Richburg 97.09 Canaseraga 286.20 Cuba 975.79 Wellsville 60.23 Richburg 2,620.38 203 BOARD OF LEGISLATORS SESSION MINUTES, NOVEMBER 10, 2008 2. The Chairman of this Board, Allegany County Clerk, and Allegany County Treasurer are authorized to execute any and all vouchers, warrants, and other necessary documents of every nature and kind in order to effect the purpose of this resolution. Moved by: Mr. Reynolds Seconded by: Mr. Pullen Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 198-08 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 22, 2008, and November 1, 2008, 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. Reynolds Seconded by: Mr. Hall Adopted: Roll Call 13 Ayes, 2 Noes, 0 Absent Voting No: Russo, Ungermann Comments made regarding Resolution 198-08: Discussion included concern voiced by Legislators Russo, Kruger, and Ungermann about this unfair requirement that punishes landowners because of tenants defaulting on water and sewer bills. County Attorney Thomas Miner explained that pursuant to General Municipal Law, this is a ministerial function of local government, and we have an obligation to do it. When asked about the cost and if the County recovers any of that cost, County Treasurer Terri Ross noted that the County has to make the districts whole, and the charges are placed on the tax relevy. Legislator Pullen explained that each town or village is authorized to adopt a resolution to forward unpaid water and sewer bills to the County. If towns and villages send these up, the County is then required by NYS General Municipal Law to relevy on the January tax bill. There is no other way for municipalities to recover those charges. The County has no choice, but the process does require an act of this Board. 204 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 199-08 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 11, 2008. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 200-08 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 11, 2008. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 201-08 ADJUSTING APPROPRIATIONS AND REVENUES IN VARIOUS DEPARTMENT OF SOCIAL SERVICES ACCOUNTS Offered by: Human Services and Ways and Means Committees WHEREAS, the Allegany County Department of Social Services requests the following adjustments to various appropriation and revenue accounts, now, therefore, be it RESOLVED: 1. That the following Department of Social Services accounts are increased by the designated amounts: 205 BOARD OF LEGISLATORS SESSION MINUTES, NOVEMBER 10, 2008 Account No. Appropriation Accounts Amount A6010.402 A6010.405 A6010.409 A6010.416 A6010.476 A6010.481 A6070.474 A6101.475 A6101.476 A6101.477 A6101.478 A6101.479 Mileage Conferences Fees Phone Contracts Special Allocations Purchase of Services Non-emergency ambulatory Non-emergency ambulance Emergency ambulance Cost effective insurance Misc. Medical expenditures $25,115 2,000 5,000 6,500 113,000 50,000 200,000 35,000 12,000 36,000 9,000 9,000 Account No. Revenues Amount A11.4601.00 A10.3601.00 Federal revenue State revenue $ 88,000 $ 88,000 2. That the following Department of Social Services accounts are decreased by the designated amounts: Account No. Appropriation Accounts Amount A6010.474 A6010.406 A6010.407 A6010.477 A6010.478 A6010.482 A6109.474 Maintenance Contracts Insurance Office Supplies Local Early Interventions FFFS WTW Contracts TANF ($18,000) (3,915) (10,200) (6,500) (38,000) (50,000) (200,000) Moved by: Mr. Truax Seconded by: Mr. Dibble Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent RESOLUTION NO. 202-08 TRANSFER OF FUNDS FROM SHARED SERVICES CENTRAL SERVICE COPYING ACCOUNT TO CLERK, LEGISLATIVE BOARD ACCOUNT Offered by: Ways and Means Committee RESOLVED: 1. That the sum of $2,140 is transferred from Account No. A1670.415 to Account No. A1040.1 to cover expenses through end of the year. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent 206 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 203-08 TRANSFER OF FUNDS WITHIN LEGISLATIVE BOARD ACCOUNTS Offered by: Ways and Means Committee RESOLVED: 1. That the sum of $972 is transferred from Account No. A1010.405 (Legislative Conference Expense) to Account No. A1010.101 (Legislative Payroll), to cover expenses through end of the year. Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Roll Call 15 Ayes, 0 Noes, 0 Absent AUDITS: A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Kruger and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $3,685,374.87 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $7,743,403.) COMMENTS: Legislator Pullen referred to a recent letter from State Comptroller DiNapoli regarding the impact of the struggling economy on pension benefits. The Comptroller assured that retirement funds are secure, and noted the state’s success in recovering money lost during the market downturn from 2000 through 2003. Mr. Pullen pointed out that the money lost was recovered, not through the prudent practices of the Comptroller, but because they just passed along deficiencies to localities and the taxpayers to pay. With the recent economic situation, we may again be experiencing this. ADJOURNMENT: The meeting was adjourned at 2:30 p.m. following a motion made by Legislator Truax, seconded by Legislator Dibble and carried. -------- 207 BOARD OF LEGISLATORS SESSION MINUTES, NOVEMBER 24, 2008 REGULAR SESSION - NOVEMBER 24, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 14 Present; 1 Absent (Legislator Truax). APPROVAL OF MINUTES: The minutes of the Public Hearing for the 2009 Tentative Budget on November 6, 2008 were approved on a motion made by Legislator Reynolds, seconded by Legislator Hall and carried. The Board meeting minutes of November 10, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried. The Committee of the Whole meeting minutes of November 10, 2008 were approved on a motion made by Legislator Pullen, seconded by Legislator Hopkins and carried. PRIVILEGE OF THE FLOOR: Chairman Crandall granted privilege of the floor to the following: Wallace Higgins, Allegany Senior Foundation Chairman, spoke on the importance of Lifeline service for people who need it. Mr. Higgins presented a check to Office for the Aging Director Kimberley Toot. Mrs. Toot noted that Lifeline provides service to seniors who are home alone. There is presently a waiting list, and this check will assist ten people. Curtis W. Crandall, Chairman of the Board, presented a donation of funds from the legislators’ “flower fund” to the Allegany County Cancer Services Foundation. Chairman Crandall noted that this is the third such contribution over the past couple of months, and each of the recipient groups operates in the interest of Allegany County residents. All money donated stays in the County. The mission of ACCS is to increase awareness of early, lifesaving screening and treatment and to assist Allegany County residents with financial needs related to cancer issues. Public Health Director Lori Ballengee accepted the check on behalf of ACCS. Lori Ballengee, Public Health Director, addressed the Board regarding Allegany County Cancer Services and expressed her gratitude for the donation. The Foundation is 100 percent donation driven. They are also 100 percent volunteer driven, with no paid staff, which illustrates the dedication of County residents to help with the cancer awareness issue. Since the spring of 2006, 62 applications have been received, and $13,477 in financial assistance was provided to Allegany County residents. An information sheet was distributed. Lisa Lee, Literacy Volunteers Executive Director, invited legislators to attend a strategic planning session for the CORE (Creating Opportunities for Rural Education) Initiative. The purpose of the CORE event is to bring educators, business owners, employment and training professionals, human service providers, and government officials together to address education and employment needs. This issue was included in the recently completed Allegany County Comprehensive Plan. Literacy information was distributed outlining data on children and literacy status of adults. Forty-seven percent of the County’s adult population is operating at or below the fourth grade reading level, and on employment readiness tests given by the Employment and Training Center, fifty-five percent ranked below the sixth grade level in reading and math. When we will soon be looking at 208 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS addressing Allegany County’s labor force with 2,500 people retiring, it is important that we develop a plan to ensure that we have prepared workers. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Budget. Placed on each legislator’s desk was a copy of the 2009 Allegany County 2. The Chairman has called a special Committee of the Whole meeting on December 3 at 7 p.m. to outline and discuss the County’s financial options in addressing the Court facilities issue. Town supervisors, village mayors, and department heads were invited, and all legislators were asked to attend. APPOINTMENTS: Chairman Crandall appointed the following as members of the COURT FACILITIES FINANCIAL IMPACT AD HOC COMMITTEE, effective immediately, to serve at his pleasure: Theodore L. Hopkins Timothy J. O’Grady Douglas D. Burdick David T. Pullen Curtis W. Crandall RESOLUTIONS: RESOLUTION NO. 204-08 RESOLUTION CONTINUING AGRICULTURAL DISTRICT NUMBER ONE WITH MODIFICATIONS Offered by: Public Works Committee Pursuant to Agriculture and Markets Law Sections 303-a and 303-b WHEREAS, Agricultural District Number One, being within the Towns of Allen, Birdsall, Caneadea, Centerville, Hume, Granger, Grove, New Hudson, and Rushford, was created by Resolution No. 162-2000 on July 10, 2000, and WHEREAS, the eight-year review of Agricultural District Number One for requesting inclusion of predominantly viable agricultural land into said District for calendar year 2008 has been completed, and WHEREAS, twenty-seven landowners have requested the inclusion of approximately 2,910.18 acres of predominantly viable agricultural land within Agricultural District Number One, and WHEREAS, twenty-eight landowners have requested to be removed from Agricultural District Number One totaling approximately 761.39 acres, and WHEREAS, due notice of a public hearing on whether such predominantly viable agricultural land should be included and removed in the District having been published as required by Agriculture and Markets Law Section 303-b, and such hearing having been held before this Board on November 10, 2008, and WHEREAS, this Board has duly deliberated on whether the District should be modified, now, therefore, be it 209 BOARD OF LEGISLATORS SESSION MINUTES, NOVEMBER 24, 2008 RESOLVED: 1. That this Board of Legislators determines, after review of the report of the Agricultural and Farmland Protection Board and after a public hearing held on November 10, 2008, that Agricultural District Number One be continued and modified to include the addition of approximately 2,910.18 acres of predominantly viable agricultural lands located in the Towns of Allen, Birdsall, Caneadea, Centerville, Granger, Hume, New Hudson, and Rushford and the removal of approximately 761.39 acres of predominantly viable agricultural land located in the Towns of Caneadea, Centerville, Hume, and Rushford. 2. That the Clerk of this Board is directed to send a certified copy of this resolution to the New York State Commissioner of Agriculture and Markets. 3. That this Board requests that the New York State Commissioner of Agriculture certify that the proposed inclusion of the approximately 2,910.18 acres of predominantly viable agricultural lands located in the Towns of Allen, Birdsall, Caneadea, Centerville, Granger, Hume, New Hudson, and Rushford and the removal of approximately 761.39 acres of predominantly viable agricultural land located in the Towns of Caneadea, Centerville, Hume, and Rushford, resulting in a net total of approximately 52,711.63 acres in Agricultural District Number One, is feasible and in the public interest. Moved by: Mr. Fanton Seconded by: Mr. Reynolds Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent Resolution Intro. No. 211-08 (A Resolution in Relation to the Compensation of County Officers and Employees) was amended on a motion made by Legislator Hall, seconded by Legislator Pullen and carried, to change the wording of Resolved Number 4. RESOLUTION NO. 205-08 A RESOLUTION IN RELATION TO THE COMPENSATION OF COUNTY OFFICERS AND EMPLOYEES Offered by: Personnel Committee RESOLVED: 1. That commencing January 1, 2009, each unit employee occupying a position set forth in the "County Unit Salary Plan" shall receive the salary or rate of compensation for the step of the Grade of the position occupied that is set forth in "Appendix A-5" or in "Appendix B-5” of Agreement approved by Resolution No. 149-2005, and which salary or rate of compensation such unit employee is entitled to receive commencing January 1, 2009, pursuant to said Agreement and pursuant to the "County Unit Salary Plan"; the increment recommendations from the department heads for each such unit employee under their jurisdiction receiving such recommendation being approved. 2. That commencing January 1, 2009, each unit employee occupying a position set forth in Agreement between the County of Allegany and the New York State Nurses Association, which Agreement was approved by Resolution No. 85-2004, shall receive the salary or rate of compensation for the step of the Grade of the position occupied that is set forth in "Schedule A" of said Agreement, and which salary or rate of compensation such unit employee is entitled to receive commencing January 1, 2009, pursuant to said Agreement and pursuant to the "County Unit Salary Plan"; the increment recommendation from the Public Health Director for each such unit employee under her jurisdiction receiving such recommendation being approved. 210 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 3. That commencing January 1, 2009, each unit employee occupying a position set forth in Agreement between the County of Allegany and the Allegany County Deputy Sheriff's Association, which Agreement was approved by Resolution No. 302-2003, shall receive the salary or rate of compensation for the step of the Grade of the position occupied that is set forth in "Appendix A" of said Agreement, and which salary or rate of compensation such unit employee is entitled to receive commencing January 1, 2009, pursuant to said Agreement and pursuant to the "County Unit Salary Plan"; the increment recommendation from the Sheriff for each such unit employee under his jurisdiction receiving such recommendation being approved. 4. That commencing January 1, 2009, each employee occupying a position in the “New York State Public Employees Federation” as recognized by this Board by Resolution No. 193-2007, shall receive the salary or rate of compensation for the step of the Grade of the position occupied that is set forth in Resolution No. 261-06, and which salary such Public Employee Federation member is entitled to receive commencing January 1, 2009; the increment recommendations from the department heads for each employee under their jurisdiction receiving such recommendation being approved. 5. That commencing January 1, 2009, each non-unit employee occupying a position set forth in the "County Non-Unit Salary Plan" shall receive the salary for the step of the Grade of the position occupied that is set forth in section 6 of Resolution No. 297-75, as last amended by Resolution No. 243-07, and which salary such non-unit employee is entitled to receive commencing January 1, 2009; the increment recommendations from the department heads for each such non-unit employee under their jurisdiction receiving such recommendation being approved. 6. That the Personnel Officer is directed to prepare and deliver a list of the names and pay of the employees affected by sections one, two, three, four, and five of this resolution to the County officers who are responsible for preparing the payrolls of such employees. 7. That commencing January 1, 2009, the base salaries, none of which include any earned longevity increment, of the incumbents of the titled positions herein set forth shall be the amount set forth opposite such position, to wit: Title County Legislators (15) Chairman of the Board Majority Leader Minority Leader Budget Officer Deputy Budget Officer County Administrator Clerk of the Board District Attorney Assistant District Attorney (1st) Assistant District Attorney (2nd) Assistant District Attorney (3rd) Assistant District Attorney (4th) Assistant District Attorney (5th) RTR Assistant District Attorney (6th) Welfare District Attorney Investigator (PT) Crime Victims Coordinator Public Defender Base Salary 8,500 8,500 300 300 2,500 2,500 86,652 50,913 119,800 34,036 31,587 31,587 31,587 26,806 24,000 12,360 25,602 82,000 211 BOARD OF LEGISLATORS SESSION MINUTES, NOVEMBER 24, 2008 Assistant Public Defender (1st) Coroners Coroners' Physician Deputy County Auditor County Treasurer Real Property Tax Agency Director County Clerk County Attorney Assistant County Attorney (1st) Assistant County Attorney (2nd) Assistant County Attorney (3rd) Personnel Officer Election Commissioners (2) Public Works Superintendent Seasonal Laborers (Public Works) Information Technology Director Sheriff Probation Director II STOP DWI Coordinator Youth Director Fire Coordinator Emergency Services Director Public Health Director Medical Director Tourism Specialist Community Services Director Social Services Commissioner Development Director Office for the Aging Director Office for the Aging: Site Managers Drivers, Aides Rushford Lake: Youth Agencies Director Lifeguards Employment & Training Director III JTPA Summer Counselors Executive Secretary, Workers’ Comp. Moved by: Mr. Hall Seconded by: Mr. Pullen 70,000 150 p/d 50 p/d 1,200 64,250 51,281 57,250 86,250 74,250 55,250 54,250 50,099 12,871 66,521 8.00/hr. 60,269 60,000 62,798 14,575 29,786 13,805 41,426 64,202 20,000 10,619 35,281 68,471 73,544 54,032 7.50-9.50/hr. 7.50-9.50/hr. 470/wk. 9.20/hr. 58,810 11.50/hr. 30,631 Adopted: Roll Call 10 Ayes, 4 Noes, 1 Absent Voting No: Kruger, McCormick, Russo, Ungermann Comments made regarding Resolution No. 205-08: Legislator Kruger did not support it because he felt non-unit and unit salaries should be considered separately. Legislators have no choice in approving unit raises which are set by contract, but they do have a choice on approving non-unit raises. Legislator Ungermann stated that some people may deserve raises, but not all. He also disapproved of the raises in light of the poor economic situation. Legislator McCormick stated that in these economic times, some ground needs to be given up by all of us. As it stands today, the people that have to give up ground are the taxpayers. We need to consider the public sector. Legislator Pullen commented in favor of the raises in that the County offices provide many valuable, necessary services to the taxpayers, and we need qualified people to do that. Mr. Pullen wished that the legislature could do more for the 212 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS employees and that it could be done without the tax impact, but he felt that a balance had been struck with this proposal. RESOLUTION NO. 206-08 AMENDMENT OF RESOLUTION NO. 297-75 TO PROVIDE NEW SALARY GRADE SCHEDULE IN COUNTY NON-UNIT SALARY PLAN Offered by: Personnel Committee RESOLVED: 1. That effective January 1, 2009, Section 6 of Resolution No. 297-75, as last amended by Resolution No. 243-2007, is amended to read as follows: Section 6. The following salary grades are hereby established for use in determining the compensation for the positions graded in Section Three of this resolution: Grade Base Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 1 2 3 4 5 6 7 8 9 10 11 25,091 26,619 28,240 29,960 31,784 33,718 35,773 37,951 40,263 42,715 45,316 25,844 27,417 29,087 30,858 32,736 34,730 36,846 39,089 41,472 43,996 46,677 26,619 28,240 29,960 31,784 33,718 35,773 37,951 40,263 42,715 45,316 48,077 27,417 29,087 30,858 32,736 34,730 36,846 39,089 41,472 43,996 46,677 49,519 28,240 29,960 31,784 33,718 35,773 37,951 40,263 42,715 45,316 48,077 51,004 29,087 30,858 32,736 34,730 36,846 39,089 41,472 43,996 46,677 49,519 52,535 29,960 31,784 33,718 35,773 37,951 40,263 42,715 45,316 48,077 51,004 54,111 30,858 32,736 34,730 36,846 39,089 41,472 43,996 46,677 49,519 52,535 55,733 31,784 33,718 35,773 37,951 40,263 42,715 45,316 48,077 51,004 54,111 57,405 32,736 34,730 36,846 39,089 41,472 43,996 46,677 49,519 52,535 55,733 59,127 33,718 35,773 37,951 40,263 42,715 45,316 48,077 51,004 54,111 57,405 60,901 34,730 36,846 39,089 41,472 43,996 46,677 49,519 52,535 55,733 59,127 62,729 Inc 876 930 986 1,046 1,110 1,178 1,250 1,326 1,406 1,492 1,583 Moved by: Mr. Hall Adopted: Roll Call Seconded by: Mr. Hopkins 8 Ayes, 6 Noes, 1 Absent Voting No: Fanton, Kruger, McCormick, O’Grady, Russo, Ungermann Comments made regarding Resolution No. 206-08: Legislator O’Grady explained his nonsupport by stating that we have a system in place for department heads, but all non-unit personnel were given a three percent salary increase with no discussion and no evaluation by their department heads. Legislators Kruger and Russo concurred with Mr. O’Grady, with Mr. Russo commenting that he would continue to vote no until the system is fixed. Legislator Dibble commented that we should begin looking at the procedure for determining non-unit raises in February so that a system will be in place in the fall. RESOLUTION NO. 207-08 APPOINTMENT OF COMMISSIONER OF ELECTIONS Offered by: Personnel Committee Pursuant to Election Law §§ 3-202, 3-204 WHEREAS, the Chairman of the Allegany County Republican Committee has filed with the Clerk of this Board, a certificate in accordance with Election Law § 3-204 that recommends the appointment of Elaine Herdman to the office of Commissioner of Elections, and 213 BOARD OF LEGISLATORS SESSION MINUTES, NOVEMBER 24, 2008 WHEREAS, the Personnel Committee has determined that Elaine Herdman is qualified to hold such office, now, therefore, be it RESOLVED: 1. That Elaine Herdman is appointed Commissioner of Elections with term of office commencing January 1, 2009, and expiring December 31, 2012. Moved by: Mr. Hall Seconded by: Mr. Fanton Adopted: Voice Vote RESOLUTION NO. 208-08 AMENDMENT OF COUNTY NON-UNIT SALARY PLAN TO MOVE POSITION OF UNDERSHERIFF FROM GRADE 10 TO GRADE 11 (STEP 8) Offered by: Personnel Committee RESOLVED: 1. The position of Undersheriff is moved from Grade 10 to Grade 11 (Step 8) of the Non-Unit Salary Plan on the condition that no overtime will be allotted. 2. This resolution will be effective November 25, 2008. Moved by: Mr. Hall Seconded by: Mr. Pullen Adopted: Roll Call 10 Ayes, 4 Noes, 1 Absent Voting No: Burdick, Hopkins, McCormick, O’Grady Comments made regarding Resolution No. 208-08: Legislator O’Grady stated that the original salary for this position may have been set too low, but with the increase associated with this resolution, it will mean $15,000 in raises over the last two years, which is considerable. He couldn’t support it at this time. Legislator Kruger commented that he didn’t agree with the process used in many instances when setting lower salaries for new personnel in positions like the County Clerk, Treasurer, Sheriff, and Undersheriff. Now we’re trying to catch up. Salaries should be set, regardless of experience. RESOLUTION NO. 209-08 ABOLISHING ONE POSITION OF DEPUTY SHERIFF AND CREATING ONE POSITION OF CORRECTION OFFICER IN THE SHERIFF’S DEPARTMENT Offered by: Public Safety Committee RESOLVED: 1. That one position of Deputy Sheriff is abolished and one position of Correction Officer is created in the Sheriff's Department. 2. This resolution shall take effect November 25, 2008. Moved by: Mr. Dibble Seconded by: Mr. Fanton Adopted: Roll Call 13 Ayes, 1 Noes, 1 Absent Voting No: Kruger 214 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS (Memo: Regarding Resolution No. 209-08, the Deputy Sheriff position was vacated due to a resignation and will be replaced with the Correction Officer position at a savings of $7,100 per year.) Comments made regarding Resolution No. 209-08: Legislator Kruger felt that the position changes should wait until problems are sorted out through arbitration. Legislator Ungermann questioned if this issue was under arbitration and also if the change should wait until after the Deputy Sheriff Union contract is settled. County Administrator John Margeson replied that a grievance is presently under arbitration. The County is in the process of finding a new arbitrator. Within a few weeks, we should have an arbitrator and can hold a hearing. Legislator Reynolds commented that the Sheriff is trying to get a handle on staffing, and he felt that the union should not be able to dictate staffing levels. Legislator O’Grady noted that staffing levels aren’t changing; the Sheriff is just rearranging positions. Legislators Fanton and Pullen supported the change and getting the same job done at a savings of $7,100, and noted that the arbitration can be dealt with when it comes up. Resolution Intro. No. 216-08 (Amendment of 2009 County Tentative Budget) was amended on a motion made by Legislator Hall, seconded by Legislator Reynolds and carried, by changing the final amounts for Account No. V9730.600 from 135,000 to 135,050 and Account No. V12.5031.00 from 2,515,500 to 2,515,550 (Voting No: Kruger). RESOLUTION NO. 210-08 AMENDMENT OF 2009 COUNTY TENTATIVE BUDGET Offered by: Ways and Means Committee RESOLVED: 1. as follows: That the 2009 County Tentative Budget dated September 30, 2008, is amended Appropriations: Account No. A9560.905 V9730.600 Account Name Interfund Transfer to Debt Service BAN Principle Amendment Change from 2,380,550 to 2,515,550 Change from 0 to 135,050 Revenues: Account No. Account Name A15.599.00 Appropriated Fund Balance V12.5031.00 Interfund Transfers Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Amendment Change from 0 to 135,000 Change from 2,380,500 to 2,515,550 Adopted: Roll Call 12 Ayes, 2 Noes, 1 Absent Voting No: Kruger, Ungermann 215 BOARD OF LEGISLATORS SESSION MINUTES, NOVEMBER 24, 2008 RESOLUTION NO. 211-08 ADOPTION OF 2009 COUNTY FINAL BUDGET Offered by: Ways and Means Committee RESOLVED: 1. That the 2009 County Tentative Budget dated September 30, 2008, as amended and revised, is adopted as the 2009 County Final Budget. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 10 Ayes, 4 Noes, 1 Absent Voting No: Kruger, McCormick, Russo, Ungermann Comments made regarding Resolution No. 211-08: Legislator Kruger stated that he would not support the budget. Even though the tax increase is minimal, when you compare the amount to be raised in taxes to the amount from three years ago at the beginning of this Board’s term, it’s over $3 million more. Legislator Russo read a prepared statement: “Although the proposed 1.3 percent property tax increase seems low, it’s really not when added to the past five years. The total increase for that period is over 20 percent. This is absolutely the worst time to pile more tax on County residents who are already suffering under current tax burdens and trying to deal with economic recession and market melt-down that is sapping both their wallets and their retirement funds. Property taxes are a major impediment to economic activity and growth in Allegany County and across New York State. Property taxes are higher in our County than most other counties, and they put a burden on many homeowners and small businesses that are expected to pay taxes based on the appraised value of their properties, not on their current financial ability to pay. For these reasons, I will vote NO today on the 2009 Allegany County Budget.” Legislator O’Grady commented that he has voted no on the budget every year, because he felt we never investigated enough to find more ways to cut expenses. This year he will support it, because he believes that when the state passes their budget, we will see significant shifts in our budget, and we will need every penny to make up the difference. Legislator Fanton pointed out that the two main reasons Allegany County experienced a 20 percent increase in property taxes over the past several years were that Medicaid expenses went from $6.8 million in 2002 to $10 million, and the County’s expense for the NYS Retirement fund went from $400,000 to $2.4 million. Those expenses were unfunded mandates passed down to the County, and the Board had to deal with it by increasing taxes. Legislator Ungermann commented that spending has gone up $12 million in three years, and we’re tacking on an additional $1 million this year from the taxpayers alone. He could not vote to approve the budget. We’ve done nothing to make cuts, but continue to hire additional people, even when the union says we don’t need to, for example, the second Clinic Receptionist and the Well Baby Nurse in the Health Department. Several ideas have been offered to help cut costs. Scott Spillane came in a couple of months ago and said we should follow Cattaraugus County’s lead and approve a veterans’ exemption. Maybe we should follow their lead again and require legislators to pay 50 percent of their health insurance premium. That would save $60,000. Mr. Ungermann’s daughter wrote an editorial in response to a newspaper headline stating that County residents were happy with the tax increase. If that was not the case, she asked that readers send letters to the Clerk of the Board. A total of 70 responses were received, so not everyone is happy. 216 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Legislator McCormick commented that farming is the backbone of our County. Over the last four months, the price of milk slid ten percent. That’s a 30 percent decrease in income over a twelve-month period. Now we’re asking people owning farmland to accept an increase in their costs. They’re giving up ground. We need to help the taxpayers. We’re elected by them. Mr. McCormick felt there was room for more reductions in the budget. Legislator Hopkins noted that the budget is fairly tight, and we don’t know what will happen with the state. The County will undoubtedly share some of those costs. Legislator Fanton pointed out that state reductions are projected to be between six and fifteen percent. There may be a little room in the County budget to deal with increased costs passed down by the state, but it will be very tight. Legislator Ungermann referred to a recent NYSAC newsletter that cautioned counties against raising sales tax projections, and he noted that we did by a little over $1 million. County Administrator/Budget Officer John Margeson responded that the $1.2 million is based on actual 2007 projections, not 2008. Actual figures for 2008 will probably be $18.5 million, so planning on $18.5 million for 2009 is no increase over 2008. RESOLUTION NO. 212-08 RESOLUTION MAKING APPROPRIATIONS FOR THE CONDUCT OF THE COUNTY GOVERNMENT FOR THE FISCAL YEAR 2009 Offered by: Ways and Means Committee WHEREAS, this Board, by Resolution No. 211-08, has adopted a budget for the fiscal year 2009, now, therefore, be it RESOLVED: 1. That the several amounts specified in the 2009 County Final Budget in the column entitled “Final Budget 2009” be and they are appropriated for the objects and purposes specified. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Roll Call 10 Ayes, 4 Noes, 1 Absent Voting No: Kruger, McCormick, Russo, Ungermann RESOLUTION NO. 213-08 RESOLUTION LEVYING TOWNS 2009 SHARE OF ALLEGANY COUNTY MUTUAL SELF-INSURANCE PLAN Offered by: Ways and Means Committee Pursuant to § 67 (2) and § 71 of the Workers' Compensation Law and § 13 of Local Law No. 3 of 2002 RESOLVED: 1. That this Board levies the sum of $287,356 upon the taxable property of the Towns participating in the Allegany County Mutual Self-Insurance Plan, in the proportionate amount which each such Town is required to pay for such participation as determined by the provisions of Section 12 of Local Law No. 3 of 2002. 217 BOARD OF LEGISLATORS SESSION MINUTES, NOVEMBER 24, 2008 Moved by: Mr. Reynolds Seconded by: Mr. Dibble Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 214-08 TRANSFER OF FUNDS BETWEEN APPROPRIATIONS IN THE HEALTH DEPARTMENT Offered by: Human Services and Ways and Means Committees RESOLVED: 1. That the sum of $26,500 is transferred between appropriations to cover year to date expenditures and forecasted expenditures through the end of the fiscal year, as follows: the sum of $4,000 is transferred from Account No. A4011.4 to Account No. A1185.4; $10,000 from Account No. A4010.1 to Account No. A4035.4; and $12,500 from Account No. A4011.4 to Account No. A4043.4. Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 215-08 TRANSFER OF FUNDS WITHIN PUBLIC HEALTH ACCOUNTS Offered by: Human Services and Ways and Means Committees RESOLVED: 1. That the sum of $50,000 is transferred from Account No. A4011.101 (Health – Nurses – Personnel) to Account No. A4010.464 (Health Department – Contractual) to finance the cost of contracting with Altreya to provide financial and staff efficiency studies for the Department. Moved by: Mr. Dibble Adopted: Roll Call Seconded by: Mr. Hopkins 8 Ayes, 6 Noes, 1 Absent Voting No: Benson, Burdick, Kruger, McCormick, Russo, Ungermann RESOLUTION INTRO. NO. 222-08 (TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO HUMAN RESOURCES CONTRACTUAL EXPENSES ACCOUNT) was DEFEATED on a roll call vote of 5 Ayes, 9 Noes, 1 Absent. Voting No: Benson, Fanton, Hopkins, Kruger, McCormick, O’Grady, Pullen, Russo, Ungermann. The transfer of funds, amounting to $11,550, would have financed the cost of contracting with Public Sector HR Consultants and Employee Services to establish a Workplace Violence Prevention Program for the County. Comments made regarding this proposed resolution included: Legislator Kruger felt that there was in-house staff being paid to do these things. The same proposal was voted down once before, and he would not support it. Legislator Ungermann contacted several other counties and obtained some sample Workplace Violence Prevention policies. All four of the policies were completed in-house. One county borrowed from another county, and one used the state’s sample. Some of the bigger counties have public safety officers, but usually someone from HR worked with someone from the Sheriff’s Office to put the policy together. Policies ranged from two to twelve pages. This is not an impossible thing, and there’s no reason we couldn’t put something together. Education has to be done yearly. One county is putting the training and testing on employee computer workstations, others are doing it by hand. One county’s safety 218 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS officer indicated an interest in helping Allegany County with the training for a small fee. The proposal for consultants was voted down once before, and he would not support it. Legislator O’Grady agreed with Mr. Ungermann and also voiced his non-support, noting that in the Chief of Police organization he is involved with, they swap policies all the time. RESOLUTION NO. 216-08 TRANSFER OF FUNDS FROM CAPITAL PROJECTS FUND TO SNOW REMOVAL FUND CONTRACTUAL EXPENSES ACCOUNT Offered by: Public Works and Ways and Means Committees RESOLVED: 1. That the sum of $17,855 is transferred from Account No. H5802.00 (Bridge #1516, Farnsworth Road, Cuba) to Account No. D5142.408 (Snow Removal – Contractual), to cover cost of purchasing sand and salt. Moved by: Mr. Fanton Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 217-08 TRANSFER OF FUNDS FROM ENGINEERING PERSONAL SERVICES ACCOUNT TO ENGINEERING CONTRACTUAL EXPENSES ACCOUNT Offered by: Public Works Committee RESOLVED: 1. That sum of $2,000 is transferred from Account No. D5020.101 (Engineering – Personal Services) to Account No. D5020.465 (Engineering – Contractual) to cover expenditures for the Soil Borings on 2009 bridges. Moved by: Mr. Fanton Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent A motion was made by Legislator Reynolds, seconded by Legislator Hall and carried, to grant Legislator O’Grady permission to abstain from voting on Resolution Intro. No. 225-08 (Approval of Final 2009 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. 218-08 APPROVAL OF FINAL 2009 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 219 BOARD OF LEGISLATORS SESSION MINUTES, NOVEMBER 24, 2008 RESOLVED: 1. That the final Allegany County 2009 STOP DWI Plan is approved and shall replace on and after January 1, 2009, the Plan approved by Resolution No. 238-2007. 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. Dibble Seconded by: Mr. Reynolds Adopted: Roll Call 13 Ayes, 0 Noes, 1 Absent Abstaining: O’Grady RESOLUTION NO. 219-08 APPROVAL OF AGREEMENT FOR PURCHASE OF TONNAGE CAPACITY AT ALLEGANY COUNTY LANDFILL BETWEEN COUNTY OF ALLEGANY AND LAFORGE DISPOSAL SERVICE, INC. Offered by: Public Works Committee RESOLVED: 1. That Agreement for Purchase of Tonnage Capacity at Allegany County Landfill between County of Allegany and LaForge Disposal Service, Inc. for the period January 1, 2009 to December 31, 2009 is approved. 2. That the Chairman of this Board is authorized to execute such agreement. Moved by: Mr. Fanton Seconded by: Mr. O’Grady Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The agreement approved by Resolution No. 219-08 includes payment of $35 per ton for disposal of out-of-County waste. The fiscal impact is $30,000 in revenue.) RESOLUTION NO. 220-08 APPROVAL OF RENEWAL AGREEMENT BETWEEN THE NEW YORK STATE UNIFIED COURT SYSTEM AND COUNTY OF ALLEGANY FOR MAINTENANCE AND OPERATION OF COURT FACILITIES Offered by: Public Works Committee RESOLVED: 1. That Renewal Agreement between the New York State Unified Court System and County of Allegany, in relation to cleaning services for the interior of the Allegany County Courthouse as well as minor and emergency repairs to that facility for the period April 1, 2008 to March 31, 2013, is approved. 2. That the Chairman of this Board is authorized to execute such Agreement. Moved by: Mr. Fanton Seconded by: Mr. Dibble Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: Kruger 220 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS (Memo: The fiscal impact of the agreement approved by Resolution No. 220-08 is approximately $90,000 in revenue.) AUDITS: A motion was made by Legislator Reynolds, seconded by Legislator Hopkins and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Reynolds, seconded by Legislator Hopkins and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $1,368,496.41 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $8,090,275.) COMMENTS: Legislator Ungermann expressed concern about Office of Court Administration representatives not being invited to the Committee of the Whole meeting on December 3, and he questioned if time would be given for presentation of other Court Facilities alternatives. Chairman Crandall stated that OCA representatives will be attending another meeting to be scheduled after the first of the year. The meeting on December 3 is for the presentation of information on the financial impact of the Court Facilities Project on the County. Chairman Crandall also pointed out that the Board has already approved a Court Facilities Capital Plan; that is the County’s official plan, and it’s in the hands of the OCA. We are beyond other alternatives. ADJOURNMENT: The meeting was adjourned following a motion made by Legislator Fanton, seconded by Legislator Pullen and carried. -------- REGULAR SESSION - DECEMBER 8, 2008 The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Dibble. ROLL CALL: 12 Present; 3 Absent (Legislators Benson, Fanton, Pullen). APPROVAL OF MINUTES: The Board meeting minutes of November 24, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried. PRIVILEGE OF THE FLOOR: Chairman Crandall granted privilege of the floor to STOP DWI Program Coordinator Deborah Aumick for announcement of today’s kick-off celebration to recognize National Drunk and Drugged Driving Awareness Month. Old English Wassail and Christmas cookies, prepared by BOCES Culinary Arts students, were available outside of the Board Chambers. 221 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 8, 2008 ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. Placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator in November 2008. 2. Correspondence was received from the Town of Nunda Clerk indicating that the Town of Nunda Board supports our Resolution No. 171-08 Memorializing State Legislature to Cause Corridor Studies to be Done of the Extension Southerly of State Route 408 and the Extension Easterly of State Route 243. 3. A memo was received from Personnel Officer Ellen Ruckle announcing that the IRS standard mileage rate will be 55 cents per mile effective January 1, 2009. RESOLUTIONS: RESOLUTION NO. 221-08 AMENDMENT OF ALLEGANY COUNTY VEHICLE USAGE POLICY Offered by: Personnel and Ways and Means Committees RESOLVED: 1. That the Allegany County Vehicle Usage Policy, as heretofore adopted by Resolution No. 110-06, is amended to add the following paragraph, to be denominated paragraph "6," at the end of the section entitled "Use of Personal Vehicle for County Purposes." 6. Allegany County shall reimburse a County employee for damage to the County employee's vehicle incurred while operating the vehicle on County business. The actual dollar amount to be reimbursed shall represent either the amount of the employee's applicable insurance deductible or the amount of damage actually incurred, whichever is less, up to a maximum of Five Hundred Dollars ($500). Notwithstanding the foregoing, no payment shall be made unless an employee files the following with the Clerk of the Board: a. b. c. d. Accident report within five (5) days of incident. Satisfactory proof that the damage occurred while on County business. Terms of any applicable insurance coverage on the County employee's vehicle. Estimated cost of repairing the damage. Prior to receiving reimbursement the employee must assign to Allegany County a right of subrogation to the extent of any monies paid the employee by Allegany County for such damage. 2. That the Clerk of this Board is directed to deliver a copy of the amended policy to all County departments and offices to which the policy applies for review by all covered employees. 3. This resolution shall take effect immediately. Moved by: Mr. Hall Seconded by: Mr. Reynolds Adopted: Roll Call 11 Ayes, 1 No, 3 Absent Voting No: Kruger 222 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 222-08 RESOLUTION LEVYING COUNTY TAXES Offered by: Ways and Means Committee Pursuant to County Law § 360 and Real Property Tax Law § 900 WHEREAS, this Board, by Resolution No. 211-2008, has adopted a final budget for the fiscal year 2009, and WHEREAS, this Board, by Resolution No. 212-2008, made appropriations for the conduct of the County Government for the fiscal year 2009, and WHEREAS, in order to meet such appropriations it will be necessary to levy taxes, now, therefore, be it RESOLVED: 1. That the Allegany County Board of Legislators levies County taxes in the amount of $25,381,144 upon all the taxable real property in the County liable therefor. Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Roll Call 8 Ayes, 4 Noes, 3 Absent Voting No: Kruger, McCormick, Russo, Ungermann RESOLUTION NO. 223-08 RESOLUTION APPROVING THE FINAL ASSESSMENT ROLLS WITH TAXES EXTENDED THEREON; AUTHORIZING AND DIRECTING THE PREPARATION AND EXECUTION OF TAX WARRANTS AND CAUSING DELIVERY OF TAX ROLLS TO COLLECTING OFFICERS Offered by: Ways and Means Committee Pursuant to Real Property Tax Law §§ 900 and 904 WHEREAS, upon the final assessment rolls of the several Towns the several taxes have been duly extended as provided by law, now, therefore, be it RESOLVED: 1. That the final assessment rolls of the several Towns with the taxes so extended thereon are approved. 2. That the taxes so extended opposite the assessment of each parcel of real property in such rolls are determined to be the taxes thereon. 3. That there be annexed to each such roll a tax warrant in the form prepared by the Clerk of this Board to contain the respective amounts heretofore authorized to be levied upon the taxable property in each such roll and to bear the seal of the County Board of Legislators. 4. That the Chairman and Clerk of this Board shall sign each such warrant. 223 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 8, 2008 5. That the Clerk of this Board shall cause the delivery of each assessment roll together with the applicable tax warrant, i.e. the tax roll, or a certified copy thereof, to the tax collecting officer entitled thereto not later than December 31, 2008. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 11 Ayes, 1 No, 3 Absent Voting No: Kruger RESOLUTION NO. 224-08 CHARGEBACK TO TOWNS OF COST OF VARIOUS TAX SUPPLIES PURCHASED OR PROVIDED FOR BY COUNTY Offered by: Ways and Means Committee WHEREAS, assessment rolls, field books and various other tax supplies have been purchased or provided by the County for Towns within the County, and WHEREAS, it is necessary to charge the cost of such items back to the Towns, now, therefore, be it RESOLVED: 1. That the cost of assessment rolls, field books and various other tax supplies purchased or provided by the County to the Towns within Allegany County shall be charged back to the Towns on the 2009 tax rolls, as follows: Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar Burns Caneadea Centerville Clarksville Cuba 1,514.40 681.60 1,238.40 1,394.40 1,716.00 1,611.60 1,375.20 1,423.20 704.40 1,904.40 940.80 1,695.60 754.80 1,340.40 2,697.60 Moved by: Mr. Reynolds Seconded by: Mr. Truax Friendship Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt 1,572.00 1,447.20 699.60 805.20 1,424.40 1,008.00 921.60 2,005.20 1,489.20 529.20 4,464.00 639.60 1,308.00 1,194.00 Adopted: Roll Call 12 Ayes, 0 Noes, 3 Absent Comments made regarding Resolution No. 224-08: County Attorney Thomas Miner noted that the resolution is necessary in order to have a legal bill for the towns to pay from. County Treasurer Terri Ross added that the resolution approves these charges becoming a part of the levy for the towns. 224 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 225-08 LEVYING TAXES AND ASSESSMENTS REQUIRED FOR PURPOSES OF ANNUAL BUDGETS OF THE TOWNS OF ALLEGANY COUNTY Offered by: Ways and Means Committee Pursuant to Town Law § 115 WHEREAS, there has been presented to the Board of Legislators a duly certified copy of the annual adopted budget of each of the several Towns in the County of Allegany for the fiscal year beginning January 1, 2009, now, therefore, be it RESOLVED: 1. That there is levied, assessed and raised by tax and assessments upon the real property liable therefore situated in the following Towns outside of any incorporated villages wholly or partially located therein, the General Fund and Highway Fund amounts specified in the annual adopted budgets of such Towns and indicated opposite such Towns, as follows: General Fund Alfred Almond Amity Andover Angelica Bolivar Burns Cuba Wellsville Wirt 7,237.00 6,241.00 (-1,200.00) 17,316.00 1,272.00 18,283.00 6,550.00 0.00 98,088.39 337.95 Highway Fund 109,335.00 169,287.00 153,500.00 139,957.00 38,861.00 202,792.00 42,060.00 250,436.00 328,392.32 112,376.50 2. That there is levied, assessed and raised by tax and assessments upon the real property liable therefore situated in the following Towns, the General Fund and Highway Fund amounts specified in the annual adopted budgets of such Towns and indicated opposite such Towns, as follows: General Fund Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar Burns Caneadea Centerville Clarksville Cuba Friendship 135,287.00 98,706.00 161,614.00 146,456.00 147,480.00 141,037.00 87,532.00 236,234.00 78,059.00 152,344.00 129,125.00 207,749.00 137,100.00 137,403.00 596,372.00 259,432.00 Highway Fund 187,396.00 109,345.00 357,484.00 204,864.00 155,750.00 168,686.00 82,661.00 342,850.00 79,680.00 202,792.00 116,150.00 466,780.00 193,046.00 282,650.00 181,977.00 239,837.00 225 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 8, 2008 Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt 120,436.00 82,100.00 117,642.00 185,500.00 197,514.00 105,593.00 283,091.00 200,264.00 99,958.00 538,879.17 105,200.00 182,391.00 164,023.56 362,735.00 156,000.00 248,893.00 398,500.00 412,796.00 260,384.00 408,979.00 339,630.00 170,544.00 291,300.05 27,860.00 233,288.00 255,819.93 3. That there is levied, assessed and raised by tax and assessments upon the real property liable therefore in the following fire, fire protection, improvement and other special districts in the following Towns, the amounts specified in the annual adopted budgets of such Towns for such districts and indicated opposite such Towns, as follows: Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar Burns Caneadea Centerville Clarksville Cuba Friendship Fire Protection Hydrant Fire District Fire Protection Light District Fire Protection Fire District Fire Protection Fire Protection District Water Fire District Light Fire Richburg-Wirt Fire District Bolivar Joint Fire District Canaseraga Fire Protection Houghton Water District Houghton Sewer District Caneadea Light Houghton Light Oramel Light Rushford Lake District Caneadea Fire Fire Districts Fire District Fire District Sewer #1 (Echo Lanes) Sewer #3 (Acme) Water #3 (Acme) Water #4 (School) Lake District Fire Protection District Street Lighting District Sidewalks Fund Refuse & Garbage District 31,000.00 352.00 13,150.00 49,000.00 2,000.00 25,000.00 45,000.00 28,750.00 28,000.00 67,821.00 52,078.00 6,500.00 20,781.00 4,592.00 103,300.00 16,000.00 158,015.00 63,515.00 2,600.00 15,000.00 650.00 37,800.00 103,390.00 18,950.00 62,000.00 48,165.00 0.00 0.00 0.00 3,500.00 49,560.00 91,250.00 17,745.00 41,184.00 61,951.00 226 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt Fire Protection 1 (Bolivar) Fire Protection 2 (Portville) Fire Protection Swain Lighting District Canaseraga Fire District 1 Nunda Fire District 2 Fire Protection Light District 1 (Hume) Light District 2 (R & W) Light District 3 Sidewalk Sewer District Consolidated Water Dist. Fire Street Light Water District Light District 1 Fire District 1 Lighting District Rushford Lake Rec. Dist. Rushford Fire District Consolidated Water Dist. Light District 1 Fire District 1 Fire District 2 Fire Protection Fire Protection District Hillcrest Lighting District E. State St. Sewer District Sinclair Sewer District Bolivar Rd. Sewer District Airport Sewer District Sinclair Water District Riverside Water District East State Water District Bolivar Rd. Water District George St. Water District W. Wellsville Water District Airway Sanitary Sewer Dist. Phillips Creek Water District Fire District Fire Department Fire Protection Townwide 37,200.00 29,494.00 17,000.00 2,500.00 16,000.00 2,000.00 83,525.00 3,750.00 4,125.00 9,750.00 21,615.00 0.00 0.00 46,900.00 10,000.00 0.00 2,500.00 36,000.00 6,000.00 172,200.00 98,500.00 32,639.00 14,950.00 23,675.00 46,775.00 8,500.00 109,850.00 285.00 460.00 1,900.00 1,012.00 0.00 980.00 980.00 970.00 1,032.00 1,833.00 19,715.00 0.00 0.00 9,060.00 65,430.00 91,080.00 4. That such taxes and assessments, when collected, shall be paid to the Supervisors of the several Towns in the amounts as shown in this resolution, for distribution by them in the manner provided by law. Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Roll Call 12 Ayes, 0 Noes, 3 Absent 227 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 8, 2008 RESOLUTION NO. 226-08 DESIGNATING THE WELLSVILLE DAILY REPORTER AS SOLE OFFICIAL NEWSPAPER FOR THE WEEK OF DECEMBER 28, 2008 Offered by: Ways and Means Committee WHEREAS, the Clerk of this Board was informed that the Cuba Patriot & Free Press, one of the official newspapers, will not be publishing during the week of December 28, 2008, now, therefore, be it RESOLVED: 1. Notwithstanding the provisions of Section 1 of Resolution No. 268-2007, the newspaper The Wellsville Daily Reporter is designated as the sole official newspaper to publish local laws, notices and other matters required by law to be published during the week of December 28, 2008. Moved by: Mr. Reynolds Seconded by: Mr. McCormick Adopted: Voice Vote RESOLUTION NO. 227-08 A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE 2008 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 228 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 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 Almond is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows: a. Patton, Barbara J.; Parcel 139.-1-49.111 Assessment: Land $67,700 Total $67,700 this Parcel had a school relevy that was calculated wrong, and the County Treasurer is directed to make the following corrections on her books: Allegany County Town of Almond Fire School Relevy Total $1,108.33 $585.19 $31.79 $535.81 $2,261.12 and the County Treasurer is directed to make the following charges on her books: School Relevy $1,216.98 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, 2009. The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2009. Moved by: Mr. Reynolds Seconded by: Mr. Dibble Adopted: Roll Call 12 Ayes, 0 Noes, 3 Absent RESOLUTION NO. 228-08 TRANSFER OF FUNDS BETWEEN VARIOUS PUBLIC HEALTH DEPARTMENT ACCOUNTS Offered by: Human Services and Ways and Means Committees RESOLVED: 1. That the sum of $30,000 is transferred from Account No. A4011.401 to Account No. A4011.409. 229 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 8, 2008 2. That the sum of $11,495 is transferred from Account No. A4040.4 as follows: $8,495 to Account No. A1185.4 and $3,000 to Account No. A4037.4. Moved by: Mr. Truax Seconded by: Mr. Dibble Adopted: Roll Call 12 Ayes, 0 Noes, 3 Absent RESOLUTION NO. 229-08 APPROVAL OF HESS PRINT SOLUTIONS AGREEMENT FOR PRINTING THE 2009 ALLEGANY COUNTY TRAVEL AND OUTDOOR GUIDE; AUTHORIZING THE ALLEGANY COUNTY OFFICE OF TOURISM AND CULTURE TO EXECUTE SAID AGREEMENT Offered by: Ways and Means Committee WHEREAS, the Allegany County Office of Tourism and Culture solicited bids for printing the Allegany County 2009 Travel and Outdoor Guide, and WHEREAS, Hess Print Solutions was selected from the bids submitted to print the Allegany County 2009 Travel and Outdoor Guide, now, therefore, be it RESOLVED: 1. That the agreement between Hess Print Solutions and the Allegany County Office of Tourism and Culture for printing 125,000 copies of the Allegany County 2009 Travel and Outdoor Guide for the sum of $26,170.70, is approved. 2. That the Allegany County Office of Tourism and Culture on behalf of the County of Allegany is authorized to execute said Agreement. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 12 Ayes, 0 Noes, 3 Absent RESOLUTION INTRO. NO. 237-08 (AUTHORIZING RETENTION OF THE LAW FIRM OF HODGSON RUSS, LLP TO PROVIDE CONSULTATION AND ASSISTANCE WITH RESPECT TO COURTHOUSE EXPANSION was TABLED following a motion made by Legislator Reynolds, seconded by Legislator Truax and carried (opposed: Ungermann). Comments made regarding Resolution Intro. No. 237-08 prior to its being tabled: Legislator Kruger questioned which appropriation account would cover an expenditure like this. County Administrator/Budget Officer John Margeson responded that funds would be taken from the Contingent Account. Mr. Kruger voiced his non-support for the resolution and stated that we can’t afford an $18 million project that includes empty shell space and no parking. Legislator Reynolds pointed out that the agreement with Hodgson Russ, and the associated Project Labor Agreement, will hopefully save us many hundreds of thousands of dollars, possibly a million, because it waives the Wicks Law requirements. It will save us money regardless of the plan we go with, and anything we save will be a benefit to the County. The savings are proven by history. Hodgson Russ has done this type of thing before. Chairman Crandall noted that estimates of savings are between ten and fifteen percent of the final project cost. Legislator Ungermann commented on Project Labor Agreements. The only place to save is on the labor portion of the costs. Mr. Ungermann quoted LaBella’s estimates for several separate project components, including the labor expense for each, and he stated that we 230 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS won’t even get close to ten percent in savings, or $1.8 million. Project Labor Agreements eliminate any non-union competition, because they must sign union contracts to participate. There are big companies in the area that are non–union. A clerk of the works will cost three to six percent of the project cost, while construction managers will cost fifteen to eighteen percent. Mr. Ungermann felt the amount of savings would be negligible. Chairman Crandall explained that the Project Labor Agreement will allow the County to take advantage of the new Wicks Law amendment. Special state legislation resulted in this amendment in 2008. No other county up until now has exercised that new change in law. Legislator Ungermann noted that the Wicks Law requires the issuance of multiple construction contracts for most public works projects costing over $50,000. Separate prime contracts must be awarded for the major components of the work: Electrical, Plumbing, HVAC, and General. The only thing eliminating Wicks will do is allow a general contractor to become solely responsible for the entire project. We wouldn’t need a construction manager. County Attorney Thomas Miner addressed the concern about whether or not the Project Labor Agreement would eliminate all non-union employers in the County. The bidding process would be open to them, but they would have to sign the Project Labor Agreement (PLA) along with the County. Mr. Miner explained that the new state legislation requires the PLA in order to avoid the Wicks Law. Also, Hodgson Russ’s estimates of savings are for the entire project costs, not just the labor portion. They estimate savings of at least ten percent. Legislator Kruger commented that a PLA doesn’t change prevailing wage. A non-union contractor still has to pay prevailing wage, the same as the union contractor does. He questioned where the ten to fifteen percent savings would come from. Legislator McCormick pointed out that there were too many uncertainties with the PLA, such as the possibility of locking out the non-union bidders. Mr. Miner reiterated a previous statement, that, no, they would not be locked out, but they would be required to enter into the PLA with us, and their employees would be part of a union on a short-term basis. Mr. Ungermann commented that the PLA was nothing but a union organizing tool. Legislator Hopkins noted some areas where savings would be realized with the PLA. First, we would not need a construction manager; that would save a couple hundred thousand. Second, we wouldn’t have to go through the bidding process for three or four separate project components. If that was all combined into one process under one firm, there would be a savings there. AUDITS: A motion was made by Legislator Truax, seconded by Legislator Dibble and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Truax, seconded by Legislator Kruger and adopted on a roll call vote of 12 Ayes, 0 Noes, 3 Absent, that the audit of claims, totaling $3,788,948.82 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $8,437,147.) ADJOURNMENT: The meeting was adjourned at 2:35 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried. -------- 231 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 22, 2008 REGULAR SESSION - DECEMBER 22, 2008 The regular meeting of the Board of Legislators was called to order at 2:10 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag. The Invocation was given by Legislator Pullen. ROLL CALL: 14 Present; 1 Absent (Legislator Truax). APPROVAL OF MINUTES: The Committee of the Whole meeting minutes of December 3, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried. The Board meeting minutes of December 8, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried. PRIVILEGE OF THE FLOOR: 1. Chairman Crandall granted privilege of the floor to Legislator David Pullen, Chairman of the Court Facilities and Space Needs Committee. His comments are included below: “Later today this Board will vote upon a resolution that was referred to it by the Court Facilities and Space Needs Committee. This resolution is extremely important, and I wanted to have an opportunity to give some background and explain its significance. In August, after this Board adopted the Allegany County Court Facilities Plan, I started researching ways to reduce the cost of actually building the mandated facilities. Regardless of what plans are ultimately approved, we will want to build them as inexpensively as possible. (I believe everyone can agree on that objective.) My research led me to the City of Niagara Falls that is currently constructing a new municipal building and Courthouse. Their experience was intriguing because they were able to significantly reduce the cost of their Courthouse from the original estimates. The question was how they were able to achieve those savings. It turns out that Niagara Falls sought and obtained special legislation from Albany that granted waivers from three usual requirements for capital projects. First, the special legislation authorized them to utilize a design-build approach. Second, it waived compliance with the Wicks Law. Finally, it waived the usual competitive bidding requirements. My question was whether Allegany County could benefit from a similar approach, and whether we could obtain the necessary special legislation. My investigation led me to contact Terry Gilbride, an attorney in Buffalo, who is a partner in the Hodgson Russ Law Firm. He had been involved in the Niagara Falls project and had worked on the various contracts and on obtaining the special legislation. He graciously and generously spent numerous hours explaining what was done, and why it had been done the way it was. We discussed our unique circumstances and attempted to analyze the potential benefits of the available options. After numerous telephone conferences and several meetings, Terry Gilbride recommended a simpler and less expensive approach. The ultimate recommendation, which is incorporated in the current resolution, was to attempt to negotiate a Project Labor Agreement. We believe this would give Allegany County most of the benefits achieved by the Niagara Falls project, but without the delay and expense of obtaining special legislation. There are several key reasons behind this conclusion. They include the following: a. We are much further along in our design than Niagara Falls had been when it decided to seek special legislation. This means that the design-build approach is not really suitable. 232 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS b. The State Legislature amended the Wicks Law in May 2008, effective July 1, 2008, to provide for waivers if the municipality enters into a Project Labor Agreement. The special legislation had also required a Project Labor Agreement. Special legislation is no longer the only way to qualify for this waiver. c. It is unclear how much savings can be achieved by waiving the competitive bidding requirement. d. Niagara Falls justified its request for special legislation on economic development grounds. We concluded that justification was not available to Allegany County, which made it uncertain whether the State Legislature would approve the special legislation. Why is a waiver of the Wicks Law so desirable? This statute requires all municipal capital projects to bid and award separate contracts for general construction, electrical, plumbing, and HVAC (heating/ventilation/air conditioning). This typically has the effect of increasing the total cost of a capital project. It also creates scheduling and coordination problems that frequently delay a project and can result in litigation. To avoid those problems a municipality frequently hires a construction manager. Many of these problems can be avoided if a municipality can award one contract to a single general contractor who then enters into sub-contracts for various aspects of the overall project. That single general contractor performs all of the work for one single price, and is responsible for all coordination and scheduling. This was done in Niagara Falls. It worked extremely well. Obtaining a waiver of the Wicks Law requirement could save the County a substantial sum of money. Unfortunately, there is no way of knowing exactly what our experience will be. However, the experience of Niagara Falls suggests that the savings could be significant. Unfortunately, the State rarely gives something without taking something else away. Instead of simply repealing the Wicks Law, the State Legislature made the waiver available only if the municipality enters into a Project Labor Agreement, or PLA. This is an agreement with the construction trade unions in the region. Not all Project Labor Agreements are the same. They can vary significantly. They are complex documents that should be negotiated by skilled and experienced counsel. The resolution before you today authorizes the County to retain Terry Gilbride and his firm to perform that function for Allegany County. As with most of life and politics, there are few guarantees. There is no guarantee that we will be able to negotiate a PLA that will be acceptable to this Board. There are no guarantees regarding who will bid on our project, or whether we will actually save money by qualifying for a waiver of the Wicks Law. In recent days I have spoken with several local nonunion contractors who are strongly opposed to the County entering into a Project Labor Agreement. They have referred to reports of problems and increased expenses. However, my own research has not turned up any empirical data showing any significant advantages or disadvantages of entering into a PLA. A lot of anecdotal information is circulating, but little of it has been confirmed or validated. On a personal level, I am generally opposed to anything that will limit open competition. I oppose the Wicks Law since it prevents us from utilizing the bidding approach that is likely to generate the best bids. I am generally opposed to Project Labor Agreements because they give an inherent advantage to unionized workers and contractors, and tend to exclude non-union contractors and workers. I don’t think I could support a PLA that does not provide a realistic opportunity for all contractors to bid on our project. There are a few guarantees I can make. If we do not attempt to negotiate a Project Labor Agreement we will not know what was possible. We will definitely not qualify for a waiver from the Wicks Law. We will never know if there were savings available from such a waiver. All that we are deciding today is whether or not we will retain the Hodgson Russ Law Firm to negotiate a Project Labor Agreement for us. Once they negotiate the best PLA they can, this Board will have an opportunity to review that product and decide whether it is something it can support. I want to have that opportunity. I believe the potential savings compel us to explore this possibility. There is one other aspect of this matter that I want to bring to your attention. One of the requirements of a Project Labor Agreement is that successful bidders participate in an apprenticeship program. This is frequently difficult for non-union contractors and is one of the reasons why they cannot qualify to bid under a PLA. Over this past weekend, I reviewed the 233 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 22, 2008 recently released budget proposals of Governor Paterson. His budget proposals include several amendments to the Wicks Law. One amendment would eliminate the apprenticeship requirement from Project Labor Agreements for the next five years. That change would remove one of my primary objections to PLAs. It is frequently said that every journey begins with a single step. Today we must consider whether we will start this journey to seek out options that could save a substantial sum on the construction of the court facilities. If we vote no, the journey is over before it is even started. If we vote yes, we will get to see what is down this road. I strongly urge that you support this resolution and that we take this journey together for the benefit of the entire County.” 2. Chairman Crandall forwarded a letter and plaque, via Health Director Lori Ballengee, to Catherine W. Richmond in recognition of her years of outstanding service and dedication to the Allegany County Board of Health. ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.: 1. The County Treasurer filed Certificates of Withdrawal for Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law for properties in the Towns of Rushford and Granger in the Clerk of the Board’s Office on December 12 and 19, 2008. 2. Correspondence was received from the Northeast Allegany County Coalition recommending that legislators vote yes on the upcoming bond resolution. 3. Correspondence was received from the NYS DEC regarding our request that they implement a variance in existing regulations pertaining to drilling in the Upper Devonian oil producing formations above the Tully. 4. Correspondence was received from Senator Catharine Young regarding Governor Paterson’s proposed cuts to the Healthy Families New York Home Visiting Program and the Office of Children and Family Services. 5. Correspondence was received from Ronald Mead, Agricultural District Program Manager for the NYS Department of Agriculture and Markets regarding the review of Allegany County Agricultural District No. 1. 6. A copy of correspondence that G. William Gunner sent to the NYS DEC regarding gas well drilling in New York State was received in the Clerk of the Board’s Office. 7. A news release was received from Southern Tier West Regional Planning and Development Board highlighting their December 11 meeting. 8. Correspondence was received from the Allegany County Cancer Services thanking the Board for its recent donation. RESOLUTIONS: Resolution Intro. No. 237-08 (Authorizing Retention of the Law Firm of Hodgson Russ LLP to Provide Consultation and Assistance with Respect to Courthouse Expansion), originally tabled on December 8, was removed from the table on a motion made by Legislator Pullen, seconded by Legislator Hopkins and carried. (Opposed: Legislator Kruger.) 234 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 230-08 AUTHORIZING RETENTION OF THE LAW FIRM OF HODGSON RUSS LLP TO PROVIDE CONSULTATION AND ASSISTANCE WITH RESPECT TO COURTHOUSE EXPANSION Offered by: Court Facilities and Space Needs Committee and Ways and Means Committee WHEREAS, Allegany County is desirous of pursuing the state-mandated expansion of the existing Allegany County Courthouse in the manner which is most cost advantageous for the taxpayers of Allegany County, and WHEREAS, the Allegany County Court Facilities and Space Needs Committee has identified several potential cost saving strategies for this purpose, and WHEREAS, the Allegany County Court Facilities and Space Needs Committee has engaged in consultation with the law firm of Hodgson Russ LLP with regard to maximizing the cost savings strategies for the Courthouse Expansion, and WHEREAS, Hodgson Russ LLP has recommended pursuing the Courthouse Expansion through the use of a Project Labor Agreement, now, therefore, be it RESOLVED: 1. Allegany County retain the law firm of Hodgson Russ LLP, on terms and conditions acceptable to the Allegany County Attorney, for purpose of providing consultation and assistance with respect to the Courthouse Expansion. Moved by: Mr. Pullen Seconded by: Mr. Hopkins Adopted: Roll Call 10 Ayes, 4 Noes, 1 Absent Voting No: Kruger, McCormick, Russo, Ungermann Comments made regarding Resolution No. 230-08: Legislator Kruger opposed the resolution because it authorizes spending money on a law firm with no guarantee of any savings. He questioned how a general contractor taking bids from subs would be much different from each phase being competitively bid. Mr. Kruger suggested we save the lawyer fees and put that money toward the project. Legislator O’Grady questioned if the Board would have the opportunity to vote on the Project Labor Agreement. County Attorney Thomas Miner replied that it would require a Board vote. Mr. O’Grady asked about the attorney fee. Legislator Reynolds responded that it is estimated at $20,000. Legislator Ungermann also opposed the resolution because there are no guarantees of the savings. Mr. Ungermann noted that one of the County’s largest open shop contractors participated in a recent teleconference. He brought several studies showing that PLAs don’t save money, and Mr. Ungermann urged caution. The Niagara Falls and Brooklyn sites mentioned previously by Mr. Pullen are predominantly union locations. In Allegany County, a PLA would effectively lock out 30-40 percent of contractors from bidding. Legislator Pullen explained that with a Wicks-compliant project, the municipality would sign four separate contracts and would be responsible to provide coordination and adjustment of scheduling concerns. Litigation is common, and that has been curtailed by the hiring of a construction manager who makes sure each contractor does their work where and how required. He also works with the architect and engineers for different facets of the contracts. 235 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 22, 2008 This would be eliminated by using the other approach, where you would have one general contractor, who would then retain sub-contractors. In most cases, this eliminates the need for a construction manager. The County has done Requests for Proposals (RFP) for a construction manager, and quotes came in at $700,000 to over $1 million. Right there is a savings. In addition, on the projects that utilized a similar approach, and there have only been two, the architect and engineers were able to cut out a lot from the original estimates. This may be an ideal time to move forward with a capital project. Without investigating the Project Labor Agreement, we may never be able to estimate how much we would have saved, but Mr. Pullen believes the savings would be significant. Legislator Reynolds supported the resolution, but not necessarily the PLA. It depends on how it is written. Mr. Reynolds asked if savings could be determined once the PLA is negotiated. Mr. Pullen replied that savings wouldn’t be known until we actually receive bids and can compare those with our estimates. Mr. Reynolds also noted that the resolution only authorizes hiring attorneys to look into a PLA. The Board will be voting on the PLA at a later date. Mr. Kruger responded that by that time, the money (attorney fees) is gone. One of his problems would be the absence of a construction manager, who should be able to find enough “fluff” in the estimates to pay his own wages. A general contractor whose sole purpose is his company’s profit may not be as enthusiastic about finding savings. Legislator Dibble noted that more information is needed, and he didn’t like the idea of blocking out non-union bidders. RESOLUTION INTRO. NO. 238-08 (RESOLUTION REQUESTING THAT THE PROPOSED ALLEGANY COUNTY COURT FACILITIES CAPITAL PLAN BE RE-OPENED TO CONSIDER A LESS COSTLY ALTERNATIVE PLAN) was considered following a motion made by Legislator Kruger and seconded by Legislator McCormick. THE RESOLUTION WAS TABLED following a motion made by Legislator Pullen, seconded by Legislator Reynolds and carried. (Opposed: Legislators Burdick, Kruger, McCormick, O’Grady, Russo, Ungermann.) Comments made prior to tabling the resolution included: Chairman Crandall distributed a memo and copy of a letter dated December 18 from Ronald Younkins, Chief of Operations for the Office of Court Administration, written in response to Resolution Intro. No. 238-08. Mr. Younkins stated that OCA would not reverse their rejection of the proposal to provide additional court space by renovating the former County Jail and reconsider the Jail Proposal as the formal Allegany County Court Plan in light of the recent down-turn in the state, local, and national economy. “The Jail Proposal fails to meet the needs of the courts, and would cause numerous deficiencies and inefficiencies. Some of these design defects could be cured only by operational stopgaps, such as by assigning additional officers to address the security flaws inherent in the Jail Proposal, with the result that taxpayers would incur substantial and permanent increases in operating expenses to achieve only a short-term savings in construction costs.” Mr. Younkins referred to Chief Administrative Judge Ann Pfau’s November 18 letter in which she stated she is prepared to approve the plan submitted by the County subject to receipt of an updated project schedule and a bonding resolution. Judge Pfau further stated that “any further delay in completing this Plan and advancing it in accordance with its terms will result in the initiation of the process set forth in the Judiciary Law leading to the imposition of financial sanctions against the County.” Mr. Younkins went on to say that no circumstances have changed that warrant reconsideration of OCA’s decision. “The County has a long history of delay in providing decent court facilities. Having failed to meet this statutory obligation through various economic cycles over a number of years, the County cannot rely on the latest economic conditions to justify yet another delay, or to make an unacceptable proposal worthy of approval.” 236 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Chairman Crandall’s memo expressed concern that a resolution such as the one proposed that could have significant negative impact on the County by undermining work already done by the Court Facilities and Space Needs Committee and the relationship established by the committee with the Office of Court Administration should have gone through the committee. The action of sending a letter for the purpose intended in the proposed resolution would only require direction from the committee of jurisdiction if the committee felt it was needed, not a full board resolution. Also, wording included in the resolution stating “this Board will not support a bond resolution backing the current Court Facilities Capital Plan” is irresponsible given the past correspondence from Judge Pfau and statement that if we do not address the proper funding of our court plan the results would be the imposition of financial sanctions. Chairman Crandall indicated that “the resolution has been clearly answered and should be either withdrawn by those who filed it or tabled by a majority vote.” Legislator Ungermann’s concern is plunging the County into a total of $50 million in debt, maybe more. The project plans are incomplete, with various items not looked into. However, this alternative plan could be put in place if the bond issue fails, and we may have no recourse. Economic times are questionable. There are no guarantees with anything – the Project Labor Agreement or this alternative plan. Mr. Ungermann would like to see a comparison of the two projects. Legislator Kruger commented that every month the legislature wrestles over smaller amounts of money, but now seems to want to charge forward to spend $18.7 million. Mr. Kruger has been opposed to spending this money from the start, not because we don’t need the court space, but it’s a matter of how much we can afford. The Unified Court System’s rules say they cannot compel us to spend what we’re not able to afford. Cattaraugus County’s court functions are fragmented between two separate towns, but yet the state wouldn’t approve an Allegany County plan including court functions in different parts of the same building. The resolution only offers an alternative. Mr. Kruger stated that he represents the taxpayers, and he’s concerned that they can’t afford any more. Legislator Pullen stated that the County’s Court Facilities Capital Plan was developed and recommended after extensive committee review and was adopted by this Board and sent to the Office of Court Administration. The actions proposed by Resolution Intro. No. 238-08 are inappropriate. Action was then taken to table the resolution (see above). RESOLUTION NO. 231-08 A RESOLUTION AUTHORIZING LEGAL NOTICE OF REVIEW AND DIRECTING SUBMISSION OF REPORTS FROM COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD IN RELATION TO THE REVIEW OF AGRICULTURAL DISTRICT NUMBER FOUR CREATED WITHIN THE TOWNS OF ALFRED, ANDOVER, INDEPENDENCE, WARD AND WILLING ON MAY 28, 2002 Offered by: Public Works Committee WHEREAS, Agricultural District Number Four within the Towns of Alfred, Andover, Independence, Ward and Willing, was originally created as Agricultural District Number Six on August 7, 1977, and renamed Agricultural District Number Four on May 28, 2002, and modified and continued on February 25, 2008 by Resolution No. 36-2008, and WHEREAS, the description of such district was thereafter filed in the Allegany County Clerk's Office, and WHEREAS, section 303-a of the Agriculture and Markets Law requires that a county legislative body review an agricultural district eight, twelve or twenty years after the date of its 237 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 22, 2008 creation, consistent with the review period set forth in the plan creating such district, and every eight, twelve or twenty year period thereafter to determine whether such district should be continued, terminated or modified, subject to the modification and termination powers of the State Commissioner of Agriculture and Markets, and WHEREAS, Section 303-a of the Agriculture and Markets Law requires that a 30-day legal notice of the periodic review of an agricultural district is required to be published and posted within the district, and WHEREAS, such section requires that the county legislative body shall direct the County Agricultural and Farmland Protection Board to prepare reports and make recommendations to the county legislative body with respect to the continuation, modification or termination of the district, now, therefore, be it RESOLVED: 1. That the Clerk of the Board of Legislators is directed to provide proper notice of such district review, which shall include publication of such notice in a newspaper having general circulation within the district, as provided for in Section 303-a subdivision 2.a. of the Agriculture and Markets Law. 2. That the County Clerk and Clerk of the Board of Legislators shall turn over to the Executive Director of the Allegany County Soil and Water Conservation District any proposed modification of the district they receive during the thirty-day notice period. 3. That the Executive Director of the Allegany County Soil and Water Conservation District shall, after thirty days have elapsed from the date of such publication of such notice, deliver any proposed modification received pursuant to such notice to the County Agricultural and Farmland Protection Board for their review. In the event that no such proposed modification is received, the Executive Director shall notify the County Agricultural and Farmland Protection Board of such fact. 4. That the County Agricultural and Farmland Protection Board is directed to submit to this Board, within forty-five days of the receipt from the Executive Director of the Allegany County Soil and Water Conservation District of any such proposed modification or her written report stating no such proposed modification was received, a written report containing its recommendation to continue, terminate or modify such District, together with all other findings and information required by subdivision 2(b) of section 303-a of such Law. Moved by: Mr. Fanton Seconded by: Mr. Dibble Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 232-08 AMENDMENT OF COUNTY SALARY PLAN TO REMOVE TITLE OF CRIME VICTIMS COORDINATOR FROM SECTION FOUR AND PLACING SUCH TITLE IN THE PUBLIC EMPLOYEE FEDERATION SALARY PLAN Offered by: Personnel Committee RESOLVED: 1. That Section 4. of Resolution No. 297-75, as last amended by Resolution No. 117-2007, is amended by removing the title of Crime Victims Coordinator from County Salary Plan. 238 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 2. That the title of Crime Victims Coordinator is placed in the Public Employee Federation Salary Plan created by Resolution No. 193-2007. 3. This resolution shall be effective December 23, 2008. Moved by: Mr. Hall Seconded by: Mr. Pullen Adopted: Roll Call 10 Ayes, 4 Noes, 1 Absent Voting No: Burdick, Kruger, O’Grady, Ungermann Comments made regarding Resolution No. 232-08: Legislator O’Grady expressed concern about the position being grant funded, and if placed in the union, he questioned whether or not the position would be eliminated if the grant no longer covered the salary. County Administrator John Margeson replied that it would be. Mr. O’Grady noted that there is no real choice about the position being in the union. A motion was made by Legislator Kruger and seconded by Legislator Ungermann to table the resolution. Majority Leader Brent Reynolds requested a caucus. Chairman Crandall suspended the Board meeting at 2:50 p.m. to allow for a republican caucus. Following the caucus, Chairman Crandall reconvened the meeting at 3:00 p.m. Legislator Kruger withdrew his motion to table the resolution. Legislator Reynolds noted that the Crime Victims Coordinator position was negotiated to be placed in the union, but it was never officially taken out of the Section 4 salary plan. The resolution was necessary to correct that issue; nothing else has changed. RESOLUTION NO. 233-08 RESOLUTION RESCINDING RESOLUTION NO. 208-2008 Offered by: Public Safety Committee RESOLVED: 1. That Resolution No. 208-2008 moving the position of Undersheriff from Grade 10 to Grade 11 (Step 8) of the Non-Unit Salary Plan, adopted by this Board on November 24, 2008, is hereby rescinded. Moved by: Mr. Dibble Seconded by: Mr. Fanton Adopted: Roll Call 9 Ayes, 5 Noes, 1 Absent Voting No: Benson, Hopkins, Kruger, O’Grady, Pullen Comments made regarding Resolution No. 233-08: Legislator O’Grady noted that he had argued against the increase in wages associated with Resolution No. 208-08, but was unaware the resolution would also take away the opportunity for overtime. He felt that all administrative jobs should be salaried, and that’s where it should stay. This new resolution would put the position back to hourly with overtime. Legislator Reynolds commented that the original intent was to compensate the Undersheriff with a higher wage, but it was later discovered that the change eliminated overtime and resulting in less money. Mr. Reynolds suggested that maybe the answer would be a change in grades. Legislator Kruger stated that the issue was whether or not the position should be salaried; what that salary should be should be discussed at another time. 239 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 22, 2008 Resolution Intro. No. 242-08 (Changing Position of Corrections Sergeant to Sheriff Deputy Sergeant in the Sheriff’s Department) was amended on a motion made by Legislator Dibble, seconded by Legislator O’Grady and carried, by changing the wording in Resolved No. 1 from “the position of Corrections Sergeant is changed to Sheriff Deputy Sergeant” to “the position of Corrections Sergeant as formerly created is abolished and the position of Sheriff Deputy Sergeant is created.” (Opposed: Legislator Kruger.) RESOLUTION NO. 234-08 CHANGING POSITION OF CORRECTIONS SERGEANT TO SHERIFF DEPUTY SERGEANT IN THE SHERIFF'S DEPARTMENT Offered by: Public Safety Committee WHEREAS, Resolution No. 129-2008 created one position of Corrections Sergeant in the Sheriff's Department, now, therefore, be it RESOLVED: 1. That the position of Corrections Sergeant as formerly created is abolished and the position of Sheriff Deputy Sergeant is created. 2. This resolution shall take effect December 23, 2008. Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 13 Ayes, 1 No, 1 Absent Voting No: Kruger RESOLUTION NO. 235-08 RESOLUTION FIXING DATE OF 2009 ORGANIZATION MEETING Offered by: Ways and Means Committee RESOLVED: 1. That the Board of Legislators shall meet on Monday, January 5, 2009, at 2:00 P.M. in the Legislators’ Chambers in the County Office Building, Belmont, New York, for the purpose of organizing the Board, selecting a Chairman and such other officers or appointees as may be desired, and for the transaction of any other business which could properly come before any regular meeting of the Board. Moved by: Mr. Reynolds Seconded by: Mr. Hall Adopted: Voice Vote RESOLUTION NO. 236-08 SUSPENDING CERTAIN COUNTY BOARD RULES AFFECTING PROPOSED RESOLUTIONS REQUESTED TO BE SUBMITTED AT ORGANIZATION MEETING ON JANUARY 5, 2009 Offered by: Ways and Means Committee 240 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLVED: 1. That section D. of Rule 170 and sections C., D. and E. of Rule 180 of County Board Rules are suspended for proposed resolutions which are requested to be submitted at the organization meeting of the County Board of Legislators to be held on January 5, 2009. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Voice Vote RESOLUTION NO. 237-08 DELEGATING AUTHORITY FOR CERTAIN REAL PROPERTY TAX REFUNDS AND CORRECTION OF TAX BILLS AND TAX ROLLS Offered by: Ways and Means Committee Pursuant to Sections 554 (9) (a) and 556 (8) (a) of the Real Property Tax Law WHEREAS, Sections 554 and 556 of the Real Property Tax Law authorize the County Board of Legislators to delegate the authority to make real property tax refunds and correct tax bills and tax rolls where the recommended refund or correction is $2,500 or less, and WHEREAS, utilization of this option will save numerous resolutions per year, and WHEREAS, it is proposed that the County Administrator, who is also the County Auditor, as the individual who audits bills for payments, would be the official to perform the delegated refund and correction duties, and WHEREAS, should the County Administrator as County Auditor deny the refund, the application would then be presented to the County Board of Legislators for its consideration, and WHEREAS, the delegation must be given each calendar year, now, therefore, be it RESOLVED: 1. This Board does delegate the authority to make real property tax refunds and to correct tax bills and tax rolls to the County Administrator as County Auditor pursuant to the above sections of the Real Property Tax Law subject to the limitations in paragraphs 2. and 3. of this resolution for calendar year 2009. 2. That for calendar year 2009, the County Administrator as County Auditor is authorized to perform the duties of the County Board of Legislators in providing real property tax refunds, where the recommended refund is $1,000 or less, in accordance with Section 556 of the Real Property Tax Law. 3. That for calendar year 2009, the County Administrator as County Auditor is authorized to correct tax bills and tax rolls, where the recommended correction is $1,000 or less, in accordance with Section 554 of the Real Property Tax Law. Moved by: Mr. Reynolds Seconded by: Mr. Fanton Adopted: Voice Vote 241 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 22, 2008 RESOLUTION NO. 238-08 ACCEPTANCE AND APPROPRIATION OF THE GOVERNOR'S TRAFFIC SAFETY PROGRAM (SAFETY ON WHEELS) GRANT FUNDING TO TRAFFIC SAFETY PROGRAM ACCOUNTS FOR STATE FISCAL YEAR OCTOBER 1, 2008 TO SEPTEMBER 30, 2009 Offered by: Public Safety and Ways and Means Committees RESOLVED: 1. That the appropriation of Governor’s Traffic Safety Program (Safety on Wheels) grant funding in the amount of $3,000 for fiscal year October 1, 2008 to September 30, 2009 is accepted and appropriated to Account No. A3114.4 (Traffic Program – Contractual) with a like sum credited to Revenue Account No. A10.3389.3114 (STOP DWI – Steps in Safety). Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 239-08 TRANSFER OF FUNDS WITHIN SELF-INSURANCE PLAN ACCOUNT Offered by: Personnel and Ways and Means Committees RESOLVED: 1. That the sum of $15,950 is transferred from Account No. S1720.406 as follows: $650 to Account No. S1710.419 and $15,300 to Account No. S1710.806. Moved by: Mr. Hall Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 240-08 TRANSFER OF FUNDS WITHIN PROBATION ACCOUNTS Offered by: Public Safety Committee RESOLVED: 1. A3140.2. That the sum of $7,695 is transferred from Account No. A3140.4 to Account No, Moved by: Mr. Dibble Seconded by: Mr. Fanton Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The transfers approved in Resolution No. 240-08 were for the purchase of printers, laptops, a shredder, and bulletproof vests.) 242 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 241-08 TRANSFER OF FUNDS WITHIN SHARED SERVICES BUILDINGS ACCOUNT Offered by: Public Works Committee RESOLVED: 1. That the sum of $10,000 is transferred from Account No. A1620.1 to Account No. A1620.4 to cover costs of parking lot repairs. Moved by: Mr. Fanton Seconded by: Mr. Dibble Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 242-08 TRANSFER OF FUNDS FROM SHARED SERVICES BUILDINGS PERSONNEL SERVICES ACCOUNT TO SOLID WASTE CONTRACTUAL EXPENSES ACCOUNT Offered by: Public Works and Ways and Means Committees RESOLVED: 1. That the sum of $10,000 is transferred from Account No. A1620.1 (Personnel Services) to Account No. A8160.4 (Solid Waste – Contractual) to cover repair costs for Off Road Truck used at County Landfill. Moved by: Mr. Fanton Seconded by: Mr. Reynolds Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent RESOLUTION NO. 243-08 ACCEPTANCE OF THE INSURANCE PROPOSAL OF NYMIR SUBMITTED BY RICHARDSON & STOUT INSURANCE COMPANY; CONTINUED AUTHORITY OF BOARD CLERK AND PERSONNEL COMMITTEE TO SECURE OTHER INSURANCE Offered by: Personnel Committee RESOLVED: 1. That the NYMIR insurance proposal and related services as submitted by Richardson & Stout Insurance Company of Wellsville, New York to the County of Allegany for the period February 1, 2009 to February 1, 2010 is approved. 2. That the premium not to exceed $266,306.59 plus any additional premium amounts resulting from the addition or inclusion of vehicles, equipment and other property to the policies is charged to the several accounts of the 2009 County Final Budget in which the funds are proportionately provided to cover the whole of such premium. 3. That all other insurance not provided for in the foregoing proposal shall continue to be secured by the Clerk of the County Board of Legislators with approval of the Personnel Committee of such County Board, limited by the funds appropriated by such County Board therefor. 243 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 22, 2008 Moved by: Mr. Hall Seconded by: Mr. Russo Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The insurance renewal quote referenced in Resolution No. 243-08 represents the Self-Insured Retention [SIR] option. The fiscal impact of $266,306.59 is $69,621.08 less than last year’s premium and includes $10 million in excess liability umbrella coverage at a premium of $21,730. Last year, our umbrella coverage was with Merchants Mutual at a premium of $58,406 for a total fiscal impact of $335,927.67.) RESOLUTION NO. 244-08 APPROVAL OF AGREEMENT WITH BMA CONSULTING SERVICES, INC. FOR INSURANCE ADVICE AND SERVICES; AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT Offered by: Personnel Committee RESOLVED: 1. That the agreement with BMA Consulting Services, Inc. for the period January 1, 2009 to December 31, 2009 to provide insurance advice and services is approved and the Chairman of this Board is authorized to execute such Agreement. Moved by: Mr. Hall Seconded by: Mr. Fanton Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent (Memo: The insurance consulting services contract approved by Resolution No. 244-08 with BMA Consulting Services [Brian Baty, President] includes a fee of $10,000, with a ten percent discount for total payment within the first 30 days. This fee has remained the same for the past several years.) RESOLUTION NO. 245-08 APPROVAL OF INTER-MUNICIPAL AGREEMENT WITH CATTARAUGUS COUNTY TO PROVIDE LEAD POISONING PREVENTION PROGRAM SERVICES Offered by: Human Services Committee RESOLVED: 1. That the Inter-Municipal Agreement between Allegany County and Cattaraugus County for the provision of a Lead Poisoning Prevention Program and Comprehensive Elevated Blood Lead Investigation Services for the period January 1, 2009 through December 31, 2009 is approved. 2. That the Chairman of this Board is authorized to execute such agreement. Moved by: Mr. Dibble Seconded by: Mr. Pullen Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent 244 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RESOLUTION NO. 246-08 TRANSFERS BETWEEN APPROPRIATION ACCOUNTS Offered by: Ways and Means Committee WHEREAS, the Committees of this Board have authorized expenditures and such expenditures may be in excess of appropriations, and WHEREAS, unexpended, unencumbered balances may exist in accounts, now, therefore, be it RESOLVED: 1. That the County Treasurer is authorized to make transfers between appropriation accounts upon her books and to expend the same therefrom as she deems necessary for the purpose of balancing the accounts for the end of the 2008 fiscal year. 2. That upon the completion of such transfers the County Treasurer shall file a certification listing such transfers with the Clerk of this Board. Such certification shall be incorporated in the 2008 proceedings of this Board following this resolution. Moved by: Mr. Reynolds Seconded by: Mr. Hopkins Adopted: Roll Call 14 Ayes, 0 Noes, 1 Absent CERTIFICATE OF THE COUNTY TREASURER I, the undersigned, being the Allegany County Treasurer, do hereby certify that the following 2008 Budget line transfers were made and entered into the books of my office pursuant to Resolution No. 246-08. BUDGET TRANSFERS WITHIN DEPARTMENTS, PER RESOLUTION NO. 246-08: FROM: TO: Legislative Board Mileage A1010.402 160.00 A1010.405 Clerk of the Board A1040.101 1,295.00 A1040.106 A1040.102 20.00 A1040.419 A1040.105 1,260.00 A1040.107 300.00 Public Defender A1170.101 8,410.00 A1170.105 A1170.102 2,480.00 A1170.433 A1170.106 1,265.00 Medical Examiners A1185.402 320.00 A1185.101 A1185.429 165.00 County Attorney A1420.102 240.00 A1420.101 A1420.105 16,260.00 A1420.401 A1420.106 14,955.00 A1420.402 A1420.101 2,305.00 A1420.405 A1420.407 A1420.405 Elections A1450.105 5,630.00 A1450.432 A1450.106 8,310.00 A1450.107 505.00 A1450.431 5,185.00 Public Works Administration A1490.101 2,575.00 A1490.105 A1490.102 315.00 A1490.107 160.00 2,565.00 310.00 8,335.00 3,820.00 485.00 28,420.00 595.00 500.00 1,225.00 2,900.00 120.00 19,630.00 2,570.00 1,025.00 245 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 22, 2008 Public Works Administration (cont.) Shared Services - Buildings Central Services – Computers Special Education PHC Sheriff Probation Public Safety Facility Bldgs&Grnds Fire Service Emergency Services Health - Nurses Long Term Health Community Health Tobacco Bioterrorism WIC Mental Health - Youth ICM Mental Health - Drop-in TO: A1490.103 A1490.106 A1620.101 A1620.106 A1620.411 A1620.422 A1620.427 A1680.105 A1680.106 A2960.438 A3110.102 A3110.103 A3110.104 A3110.105 A3110.107 A3110.415 A3140.102 A3140.104 A3140.105 A3140.106 A3140.201 A3140.406 A3140.407 A3140.408 A3152.105 A3152.106 A3152.107 A3152.409 A3152.416 A3152.422 A3410.101 A3410.103 A3410.407 A3640.101 A3640.105 A3640.405 A3640.408 A3640.413 A4011.410 A4011.459 A4011.462 A4040.104 A4040.416 A4047.409 A4051.409 A4189.456 A4190.405 A4190.408 A4312.105 A4312.107 A4312.407 A4312.806 A4313.456 A4313.457 FROM: 650.00 55.00 1,405.00 250.00 65.00 1,175.00 280.00 3,695.00 2,110.00 10,965.00 8,160.00 11,010.00 62,900.00 12,840.00 1,800.00 30.00 2,945.00 18,650.00 5,595.00 11,205.00 5,700.00 575.00 145.00 980.00 850.00 1,835.00 120.00 585.00 31,935.00 775.00 1,830.00 320.00 5.00 3,700.00 650.00 55.00 170.00 120.00 165.00 3,245.00 46,910.00 170.00 10.00 250.00 1,640.00 2,340.00 180.00 1,640.00 1,980.00 430.00 1,170.00 2,195.00 2,265.00 285.00 A1620.103 3,175.00 A1680.101 A1680.102 A2960.409 A3110.101 A3110.105 A3110.407 A3110.408 A3110.422 5,300.00 505.00 10,965.00 82,150.00 9,510.00 1,000.00 1,550.00 2,530.00 A3140.101 45,795.00 A3152.426 36,100.00 A3410.416 2,155.00 A3640.106 A3640.414 A3640.447 1,735.00 2,600.00 360.00 A4011.456 50,320.00 A4040.402 180.00 A4047.405 A4051.402 A4189.201 A4190.206 250.00 1,640.00 2,340.00 1,820.00 A4312.101 5,775.00 A4313.461 6,340.00 246 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Mental Health - Drop-in (cont.) Development OFA - Nutrition OFA – Support Services OFA - State LTCOP OFA - Community Srvcs. Elderly OFA – HEAP OFA – SNAP OFA – Long Term Care Insur. OFA – Title VII Elder Abuse OFA – HIICA OFA - Title III D OFA – Weatherization OFA – Title III E Family Caregiver OFA – SPOE Youth Bureau Youth Bureau Advisory Committee Youth Court Solid Waste TO: A4313.459 A4313.460 A6430.104 A6430.105 A6772.106 A6772.107 A6772.802 A6773.105 A6773.106 A6773.401 A6773.426 A6775.105 A6775.106 A6776.409 A6776.423 A6777.102 A6777.802 A6777.803 A6777.804 A6779.106 A6779.408 A6779.416 A6780.102 A6781.105 A6781.106 A6782.101 A6782.402 A6783.101 A6783.106 A6783.802 A6783.803 A6783.804 A6784.101 A6784.102 A6784.401 A6784.419 A6784.806 A6786.105 A6786.106 A6787.105 A6787.106 A6787.802 A6787.803 A6787.804 A7310.101 A7310.107 A7312.420 A7321.105 A7321.107 A8160.102 A8160.103 A8160.106 A8160.201 A8160.413 FROM: 2,110.00 1,680.00 600.00 3,275.00 1,315.00 60.00 750.00 1,325.00 1,475.00 5.00 40.00 90.00 80.00 270.00 230.00 335.00 80.00 120.00 35.00 730.00 385.00 205.00 15.00 180.00 160.00 770.00 75.00 120.00 20.00 5.00 5.00 5.00 1,290.00 5.00 5.00 200.00 985.00 690.00 365.00 870.00 350.00 70.00 100.00 30.00 970.00 25.00 20.00 645.00 30.00 325.00 4,295.00 1,025.00 170.00 1,000.00 A6430.101 3,875.00 A6772.101 2,125.00 A6773.101 2,845.00 A6775.101 170.00 A6776.419 500.00 A6777.104 570.00 A6779.101 1,320.00 A6780.101 A6781.402 15.00 340.00 A6782.405 845.00 A6783.408 155.00 A6784.408 A6784.105 1,775.00 710.00 A6786.409 1,055.00 A6787.419 1,420.00 A7310.106 995.00 A7312.483 A7321.106 20.00 675.00 A8160.101 A8160.411 6,100.00 10,165.00 247 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 22, 2008 TO: A8160.428 A8160.497 Solid Waste (cont.) SUBTOTAL A Employment and Training CD16403.102 CD16403.104 CD16403.105 CD16403.106 CD16403.107 CD16403.806 CD16406.101 CD16410.102 CD16410.105 CD16410.107 CD16410.405 CD16412.803 CD16412.804 CD16412.805 CD16415.102 CD16415.104 CD16415.105 CD16415.106 CD16415.107 CD16415.803 CD16415.806 CD16794.104 CD16794.105 CD16794.106 CD16794.107 CD16794.803 CD16794.804 2,370.00 1,110.00 8,795.00 4,250.00 405.00 230.00 1,205.00 205.00 1,040.00 140.00 35.00 285.00 25.00 5.00 155.00 235.00 1,365.00 550.00 480.00 1.00 320.00 765.00 4,470.00 810.00 265.00 975.00 220.00 30,711.00 D3310.106 D5020.401 D3310.105 D3310.408 D5020.101 D5020.107 D5110.103 D5110.105 D5110.106 D5110.107 D5142.408 D5142.466 SUBTOTAL CD1 County Road SUBTOTAL D Road Machinery DM5130.102 DM5130.105 DM5130.106 DM5130.405 DM5130.409 SUBTOTAL DM FROM: 800.00 8,650.00 382,430.00 382,430.00 CD16403.101 CD16406.105 17,160.00 1,205.00 CD16410.476 1,420.00 CD16412.806 315.00 CD16415.101 CD16415.405 2,950.00 156.00 CD16794.101 7,505.00 30,711.00 40.00 30.00 645.00 460.00 680.00 115.00 800.00 22,805.00 5,230.00 405.00 88,190.00 23,970.00 143,370.00 D3310.101 D9010.802 D5142.465 D5112.223 D5110.101 70.00 33,960.00 44,565.00 24,105.00 40,670.00 260.00 3,555.00 2,735.00 85.00 360.00 6,995.00 DM9010.802 143,370.00 6,995.00 6,995.00 248 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS TO: S1710.105 S1710.106 S1710.107 S1710.803 Self-Insurance SUBTOTAL S GRAND TOTAL WITHIN DEPARTMENT TRANSFERS 1,600.00 975.00 60.00 80.00 2,715.00 566,221.00 FROM: S1710.406 2,715.00 2,715.00 566,221.00 BUDGET TRANSFERS INTERDEPARTMENTAL WITHIN THE SAME FUND, PER RESOLUTION NO. 246-08: FROM: TO: County Administrator A1011.101 1,805.00 County Administrator A1011.105 790.00 A1011.107 70.00 A1011.106 240.00 A1011.409 52,615.00 A1011.401 630.00 District Attorney A1165.101 12,325.00 A1011.402 590.00 A1165.106 430.00 A1011.405 480.00 A1165.201 100.00 District Attorney A1165.105 2,730.00 A1165.401 285.00 A1165.107 1,065.00 A1165.402 910.00 A1165.422 425.00 A1165.407 1,435.00 A1165.429 815.00 A1165.411 45.00 A1165.433 625.00 A1165.413 120.00 Assigned Counsel A1171.409 1,000.00 A1165.416 1,045.00 A1171.431 500.00 A1165.434 2,305.00 Treasurer A1325.104 1,365.00 Assigned Counsel A1171.430 162,435.00 A1325.105 2,615.00 Auditor A1320.101 5.00 A1325.106 245.00 Treasurer A1325.101 12,155.00 A1325.201 2,220.00 A1325.103 1,260.00 A1325.407 2,465.00 A1325.107 270.00 A1325.409 2,825.00 A1325.401 2,460.00 A1325.411 845.00 A1325.402 530.00 County Clerk A1410.101 2,075.00 A1325.405 830.00 A1410.102 450.00 County Clerk A1410.105 3,495.00 A1410.103 330.00 A1410.106 920.00 A1410.201 245.00 A1410.107 120.00 A1410.415 475.00 A1410.401 220.00 A1410.419 2,800.00 A1410.407 115.00 Human Resources A1430.104 210.00 A1410.430 2,140.00 A1430.106 4,215.00 A1410.432 930.00 A1430.201 320.00 Human Resources A1430.101 4,120.00 E-911 Dispatch A3112.107 920.00 A1430.105 440.00 A3112.403 1,010.00 A1430.407 70.00 A3112.407 900.00 A1430.433 7,450.00 A3112.411 225.00 Taxes on Municipal Prop. A1950.429 2,855.00 A3112.421 2,490.00 Community College A2495.421 73,375.00 STOP DWI A3141.101 1,410.00 E-911 Dispatch A3112.101 6,735.00 A3141.106 675.00 A3112.102 925.00 A3141.201 285.00 A3112.103 20,210.00 A3141.406 570.00 A3112.104 14,360.00 A3141.419 200.00 A3112.105 1,960.00 A3141.449 500.00 A3112.106 2,670.00 A3141.802 315.00 A3112.408 185.00 Alt. to Incarceration A3142.101 830.00 STOP DWI A3141.105 90.00 A3142.105 360.00 A3141.107 15.00 A3142.401 290.00 249 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 22, 2008 STOP DWI (cont.) Alt. to Incarceration Probation - Int. Sprv. Jail Traffic Fire E-911 Health Council on Alcoholism Mental Health – Admin. Mental Health - Rein. Mental Health - ICM TO: A3141.407 A3141.416 A3141.447 A3141.806 A3142.102 A3142.104 A3142.107 A3142.802 A3142.803 A3142.804 A3142.805 A3142.806 A3143.101 A3143.802 A3143.803 A3143.804 A3143.805 A3143.806 A3150.102 A3150.103 A3150.104 A3150.107 A3150.401 A3150.425 A3150.447 A3310.409 A3510.416 A4010.101 A4010.102 A4010.103 A4010.104 A4010.105 A4010.106 A4010.401 A4010.407 A4220.456 A4220.457 A4220.458 A4220.459 A4310.101 A4310.402 A4310.405 A4310.409 A4310.416 A4310.802 A4310.803 A4310.804 A4310.805 A4310.806 A4315.464 A4316.101 A4316.102 A4316.106 A4316.457 265.00 30.00 5.00 11,330.00 135.00 1,310.00 290.00 195.00 130.00 40.00 10.00 1,325.00 6,495.00 170.00 110.00 35.00 10.00 1,540.00 17,630.00 216,540.00 220,770.00 5,080.00 255.00 220.00 104,925.00 540.00 6,460.00 17,455.00 3,090.00 245.00 42,720.00 12,625.00 13,450.00 140.00 45.00 66,995.00 8,950.00 14,435.00 43,085.00 13,935.00 565.00 1,300.00 7,380.00 210.00 1,210.00 695.00 200.00 30.00 8,515.00 16,645.00 2,500.00 360.00 990.00 160.00 Alt. to Incarc. (cont.) Probation - Int. Sprv. Jail Health Mental Health – Admin. Mental Health - Rein. FROM: A3142.402 A3142.416 A3143.102 A3143.105 A3143.106 A3143.107 A3143.401 A3143.402 A3143.416 A3150.101 A3150.105 A3150.106 A3150.404 A3150.407 A3150.411 A3150.423 A4010.107 A4010.201 A4010.204 A4010.206 A4010.402 A4010.403 A4010.404 A4010.405 A4010.406 A4010.408 A4010.413 A4010.414 A4010.415 A4010.416 A4010.419 A4010.420 A4010.421 A4010.422 A4010.424 A4010.425 A4010.460 A4010.461 A4010.462 A4010.463 A4010.465 A4310.105 A4310.106 A4310.107 A4310.201 A4310.205 A4310.407 A4310.412 A4310.426 A4310.427 A4310.428 A4310.429 A4315.456 A4315.460 310.00 590.00 1,045.00 2,380.00 1,140.00 475.00 295.00 1,345.00 285.00 281,950.00 7,980.00 8,190.00 6,600.00 275.00 710.00 7,040.00 1,870.00 7,360.00 7,305.00 630.00 2,745.00 2,790.00 1,695.00 825.00 16,935.00 14,120.00 7,000.00 3,600.00 240.00 2,475.00 990.00 295.00 930.00 650.00 500.00 800.00 1,000.00 2,600.00 500.00 1,000.00 340.00 2,410.00 1,570.00 1,305.00 4,815.00 2,400.00 1,255.00 1,190.00 210.00 840.00 3,035.00 760.00 12,225.00 1,165.00 250 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Mental Health – ICM (cont.) Mental Health – Hyg. Law Bus Transportation Social Services Srvcs. for Recipients Medical Assistance State Training Home Relief Veterans’ Service Consumer Affairs OFA- EISEP OFA – CSI Beach & Pool Historian County Reforestation Legislative Board District Attorney County Attorney Sheriff TO: A4316.802 A4316.803 A4316.804 A4316.805 A4316.806 A4390.456 A5630.465 A6010.101 A6010.103 A6010.104 A6010.402 A6010.407 A6010.409 A6010.416 A6010.421 A6010.476 A6010.481 A6010.482 A6070.474 A6101.475 A6101.476 A6101.477 A6101.478 A6129.474 A6140.474 A6510.101 A6510.102 A6510.105 A6510.106 A6510.107 A6610.102 A6610.105 A6610.107 A6610.416 A6610.422 A6778.102 A6778.105 A6778.106 A6778.107 A6778.405 A6778.409 A6778.474 A6785.402 A7180.101 A7180.103 A7510.102 A7510.103 A7510.105 A7510.106 A8710.409 A1010.101 A1165.403 A1420.102 A3110.105 280.00 160.00 45.00 10.00 4,045.00 65,845.00 85,425.00 2,005.00 5,485.00 8,995.00 11,625.00 9,560.00 6,960.00 340.00 2,125.00 218,415.00 31,255.00 38,650.00 75,390.00 98,350.00 8,590.00 36,055.00 17,730.00 65,655.00 38,050.00 3,980.00 135.00 475.00 345.00 235.00 90.00 1,385.00 155.00 45.00 780.00 450.00 5,015.00 2,990.00 255.00 40.00 165.00 13,510.00 115.00 2,505.00 755.00 40.00 3,190.00 5,130.00 1,695.00 3,240.00 0.02 16.20 238.17 9,506.16 Mental Health - ICM Social Services Medical Assistance Veterans’ Service Consumer Affairs OFA – EISEP Historian Interfund CS Interfund DM Disability Insur. Workers’ Comp. Social Security State Retirement Audit Central Srvcs. Postage Unallocated Insurance Contingent Health – Nurses District Attorney County Attorney Sheriff Jail FROM: A4316.105 A4316.107 A6010.102 A6010.105 A6010.106 A6010.107 A6010.201 A6010.401 A6010.403 A6010.405 A6010.411 A6010.413 A6010.415 A6010.474 A6010.475 A6010.477 A6010.478 A6010.479 A6101.474 A6101.479 A6510.104 A6510.401 A6510.402 A6510.405 A6610.101 A6610.106 A6610.210 A6610.411 A6778.101 A6778.103 A6778.104 A6778.402 A6778.407 A6778.802 A6778.803 A7510.101 A7510.104 A8710.409 A9560.910 A9055.805 A9040.804 A9030.803 A9010.802 A1671.429 A1673.401 A1910.406 A1990.429 A4011.201 A4011.204 A4011.206 A1165.405 A1420.101 A3110.106 A3150.107 3,240.00 200.00 7,900.00 34,215.00 9,300.00 4,530.00 11,790.00 1,425.00 2,265.00 2,830.00 1,000.00 5,925.00 425.00 1,490.00 1,750.00 89,985.00 5,110.00 1,565.00 151,230.00 2,100.00 920.00 430.00 250.00 375.00 680.00 630.00 250.00 335.00 14,670.00 210.00 300.00 215.00 210.00 380.00 585.00 1,280.00 1,875.00 248,500.00 130,805.00 18,875.00 33,345.00 296,445.00 268,310.00 18,200.00 22,160.00 53,960.00 146,670.00 14,000.00 55,000.00 2,680.00 16.20 238.17 9,506.16 2.82 251 BOARD OF LEGISLATORS SESSION MINUTES, DECEMBER 22, 2008 Jail Jail Jail Mental Health – Youth ICM Medical Assistance Medical Assistance Youth Bureau TO: A3150.101 A3150.105 A3150.106 A4312.204 A6101.474 A6101.479 A7310.401 GRAND TOTAL INTERDEPARTMENTAL TRANSFERS 0.93 1.13 0.76 16,360.00 0.59 1.22 40.76 Mental Health – Drop In Medical Assistance Youth Bureau FROM: A4313.462 A6101.475 A7310.402 2,174,540.94 16,360.00 1.83 40.76 2,174,540.94 Dated: December 31, 2008 Terri L. Ross, Allegany County Treasurer AUDITS: A motion was made by Legislator Reynolds, seconded by Legislator Hopkins and carried, that the audits be acted upon collectively and by totals. A motion was made by Legislator Reynolds, seconded by Legislator Fanton and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $1,846,346.03 including prepaid expenses, be approved for payment as recommended by the County Administrator. (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $8,784,019.) Legislator O’Grady requested updates on receipt of state and federal funds for the Genesee River mitigation project. COMMENTS: Legislator Kruger publicly thanked all of the fire companies that responded to the recent fire in Friendship. The effort made was extraordinary, with many districts represented. The firefighters didn’t just save a building; they saved a town. ADJOURNMENT: The meeting was adjourned at 3:30 p.m. on a motion made by Legislator Pullen, seconded by Legislator Kruger and carried. -------CERTIFICATE OF JOURNAL LEGISLATORS’ CHAMBERS BELMONT, NEW YORK COUNTY OF ALLEGANY STATE OF NEW YORK ) )SS: ) Pursuant to the provisions of law, we do hereby certify that this Journal was printed by authority of the Board of Legislators of Allegany County and the foregoing contains a true record of the Proceedings of said Board and the whole thereof, at all Regular and Special Sessions held during the year 2008. CURTIS W. CRANDALL, Chairman BRENDA RIGBY RIEHLE, Clerk of the Board 252 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS OFFICE FOR THE AGING 2008 ANNUAL REPORT The Allegany County Office for the Aging (ACOFA) is the identified focal point through which aging programs are funded and integrated. The ACOFA plans, coordinates and advocates the development of comprehensive and coordinated service delivery systems for all elderly, and provides limited funds for services directed at those elderly with the greatest economic or social need. Eighteen percent of Allegany County’s population is over age 60. The Office for the Aging is committed to helping Allegany County residents over age 60 remain productive, independent, and maintain personal integrity. Funding The budget total for the ACOFA The County share of that total was The Federal share of that total was The State share of that total was The Long Term Home Care total was Contributions to the agency were SERVICES NUTRITION Total meals served Meals-on-wheels Congregate meals Blizzard Box meals EISEP IN-HOME SERVICES Homemaker/Personal Care Housekeeper/Chore Case Management TRANSPORTATION ASSISTED TRANSPORTATION LEGAL HEAP IN-HOME CONTACT & SUPPORT INFORMATION & ASSISTANCE HEALTH PROMOTION CAREGIVER SERVICES PERS (LIFELINE) 2008 1,622,807 348,269 384,752 625,064 17,877 246,845 2008 116,829 94,119 22,710 350 4,264 hrs 7,538 hrs 1,422 hrs 4,432 rides 4 rides 85 hrs 1,157 apps 320 contacts 14,318 contacts 1,051 programs 76 contacts 1,328 OTHER ACTIVITIES Medicare Part D Education and Outreach, two monthly Caregiver Support Groups, Growing Stronger Exercise Programs at ten sites, Senior Forum, Senior Picnic, Long Term Care Ombudsman, Silver Linings Newsletter, Nutrition Education, Blizzard Boxes, Farmer’s Market Coupon Distribution, Fair Booth, Tax Preparation Clinics, and NYConnects: Allegany County – the Point of Entry for Long Term Care Services. A full text of the activities of the Office for the Aging is on file in the Clerk of the Board of Legislators’ Office, Allegany County Office Building, Belmont, New York. Respectfully submitted, Kimberley Toot, Director 253 2008 ANNUAL REPORTS COMMUNITY SERVICES 2008 ANNUAL REPORT The Allegany County Office of Community Services consists of two major divisions. The first is the Local Governmental Unit (LGU) that receives money from the New York State Office of Mental Health, Office of Mental Retardation and Developmental Disabilities, and the Office of Alcoholism and Substance Abuse Services. Community Services then contracts with local agencies to provide services to Allegany County residents and acts as the local regulatory oversight for these agencies. The second part of Community Services provides services within the County including but not limited to Intensive Case Management and Assisted Outpatient Treatment. In compliance with the Mental Hygiene Law, the Allegany County Community Services Board (CSB) oversees the operations of the department. Policy making functions are vested in this Board which is comprised of fifteen members appointed by the Legislature (two of whom are County Legislators). The Board is organized with three sub-committees: Developmental Disabilities; Chemical Dependency; and Mental Health. These sub-committees work with the CSB and the Director of Community Services (DCS) to provide local planning that ensures the most efficacious delivery of services to Allegany County residents. As the executive officer of the CSB, the DCS is responsible to the Board and for implementing existing policies. The Office engages in contract management with provider agencies and must assure the contractual, budgetary, and regulatory compliance of these agencies. The Office is accountable for processing monthly expenditures and reimbursement claims from the contract agencies and to complete the quarterly state aid claim process. During 2008, Allegany County maintained contracts with the following agencies: ACCORD; Allegany Council on Alcoholism and Substance Abuse; Allegany County Arc; Allegany County Mental Health Association; ARA; DePaul Addictions, Inc.; Finger Lakes Parent Network; Housing Options Made Easy; and Arbor Development, Inc. (formerly known as Steuben Churchpeople Against Poverty). Annual Reports from these agencies are attached. In addition, the CSB and the Allegany County Legislature authorized financial support to Pathways, Inc., Literacy Volunteers, Family Services, and the Allegany Western Steuben Rural Health Network. Allegany County Community Services ensures appropriate, coordinated services to County residents needing behavioral health services. In addition to the oversight of the contractual agencies, direct services are provided through Intensive Case Management (ICM); Single Point of Access (SPOA); Single Point of Entry; and Assisted Outpatient Treatment. In the area of prevention, Community Services offers Common Sense Parenting classes open to all residents with referrals from other agencies. In addition, it is also the Department’s obligation to monitor and approve expenses incurred under the Mental Hygiene Law. The Community Services Department maintains collaborative and cooperative relationships with other County Departments and Human Service Agencies in the County and in the region. Allegany County residents continue to receive excellent Behavioral Health services from dedicated providers. Any questions or requests for information may be directed to this office: Telephone number: (585) 593-1991 Address: 45 North Broad Street, Wellsville, NY 14895 Robert W. Anderson, Ph.D., Director 254 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS CORNELL UNIVERSITY COOPERATIVE EXTENSION 2008 ANNUAL REPORT Cornell University Cooperative Extension of Allegany County published and mailed out its educational newspaper to 21,450 postal customers in Allegany County three times in 2008. In 2008, Cooperative Extension saved Allegany County $187,113 in fringe benefit costs by hiring thirteen (13) employees and contracting them out to the Allegany County Department of Health. These employees filled positions in the Women, Infants, and Children Program (WIC), Bioterrorism/Disaster Preparedness Program, and Health and Cancer Education Programs. Agriculture and Natural Resources Programs/Activities and Participants: 40 ph Soil Clinics, Ag Literacy Week – 600 students, Horticulture Inquiries – 321, Rural Living Expo – 150, Dairy Programs – 130, Youth Programs – 225, Tractor & Machine Safety – 12, farm enterprises – 329, Rural Landowners Expo – 250, and three (3) Taste of Local Farms Events – 300. Answered 552 general questions on topics including Animal Disposal, Poultry, Horses, Beef Management, Pasture Management, Hog Production, Sheep/Goats, Alpacas, Agricultural Engineering, Pest Management, Nuisance Wildlife, Wildlife, Forest Management, Tree Farming, Master Forest Owner Training, Pond Management, Business Planning, Livestock Marketing, Organic Certification, Tax Exemptions, Farm Start-up, Farm Restoration, Connecting Consumers to Producers, Developing Farmer’s Markets, and Grant Writing. In 21 free, two-hour $ave Energy, $ave Dollars - HeatSmartNY workshops, 257 families learned how to reduce their energy bills, and how to perform No-cost and Low-cost conservation methods. The Food & Nutrition in Communities Program graduated 347 families who completed 8 to 12 lessons through 1,838 lesson contacts covering the following topics: Choosing & Preparing Healthy Foods, Managing Family Finances, Menu Planning, Creating Healthy Lifestyles, Stretching Food Dollars, and Strategies to Avoid Food-borne Illness. Staff attended 16 Farmer’s Markets in Allegany County in 2008. During this program, 138 Allegany County families registered in “Farmer’s Markets for Better Health,” and attended markets in Belmont and Angelica. The focus of this program was to provide nutrition information to participants using the markets, support local Farmer’s Markets, and assist families in food preparation of items purchased at their local Farmer’s Market. The Allegany County 2008 4-H Program’s membership totaled 344 members, 22 clubs, 363 special interest members, and an additional 150 youth in school enrichment programs. County and State Fairs gave 4-H’ers the chance to exhibit their talents developed through the Life Skills program and many clinics offered throughout the year, with over 400 exhibits in the County Fair Youth Center and over 250 in the Animal Science area. At State Fair, 4-H youth were involved in the State Dairy, Dog, Horse, and Rabbit areas. Allegany County continued to partner with Orleans, Genesee, Niagara, Erie, Livingston, Wyoming, Chautauqua, and Cattaraugus counties as part of the Western Region Nutrition Program. Partnerships with McKean, Potter and Cameron counties have also been established in the Youth Development and Agriculture program areas. These partnerships are vital as Cooperative Extension continues to expand resources and programming. Respectfully submitted, Dianne Baker, Regional Director 255 2008 ANNUAL REPORTS CORONERS 2008 ANNUAL REPORT CORONERS: L. Herbert Williams 21 N. Genesee Street Fillmore, NY 14735 Ted Crowell 296 North Main Street Wellsville, NY 14895 Mark Rinker 5 Champlain Avenue Cuba, NY 14727 Maynard “Bud” Baker Baker-Swan Funeral Home PO Box 804, 7 Church Street Andover, NY 14806 The above listed coroners investigated a total of 52 deaths in 2008 and were compensated $12,250. Funeral home charges totaled $5,270. Coroners and funeral homes were also compensated for miscellaneous expenses, such as mileage and supplies, totaling $13,146.11. Dr. Edward Jordan assisted the coroners in signing death certificates and was compensated $50. The Health Department contracts with Monroe County Health Department to perform autopsies. The Examiner’s Office performed 52 autopsies in 2008 and was reimbursed $26,226. Their findings were: Cause of Death Accidental Natural Suicides Undetermined Pending Cases 8 31 9 2 2 Lori Ballengee, Public Health Director 256 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS COUNTY ADMINISTRATOR 2008 ANNUAL REPORT This report is intended to provide a highlight of activities in which the County Administrator was involved in 2008. At the onset of the year, a decision had been made jointly by the County Board of Legislators and the County Board of Health to discontinue public health nursing services through the Certified Home Health Agency which was licensed to the County Board of Health. This process required the issuance of a Request for Proposals from qualified private sector providers interested in purchasing the license and assuming the duties, responsibilities and services which had, for many years, been delivered by nursing staff employed in and by the County Department of Health. While the vast majority of the administrative efforts necessary to accomplish this transition were very effectively carried out by Public Health Director Loreen Ballengee, I was available to provide her both administrative direction and decision making throughout the year, particularly in the area of labor/management issues and disputes. Another issue which required a substantial amount of my attention pertains to the Allegany County Public Transportation system. I had reported to the Ways and Means Committee in the early part of 2008 that, because of some administrative changes we had undertaken in 2006 regarding the provision of transportation services to Medicaid recipients, the County was required to invest substantial local monies into the operation of the public transit system. As a result, the Allegany-Western Steuben Rural Health Network offered to spearhead an effort to investigate the feasibility of organizing a more coordinated, cost-effective system. Subsequently, a report was generated by a professional transportation consultant which revealed there were ways in which a coordinated system could be put in place utilizing additional transportation providers and that additional non-local revenue streams could (and should) be utilized to substantially reduce local share cost of the system. This effort continued through the end of 2008 and will be put in place in 2009. Throughout all of 2008, I was involved in the re-negotiation of collective bargaining agreements with AFSCME Council 66 representing the Deputy Sheriffs/Correction Officers, the New York State Nurses Association, and the newly formed Public Employees Federation. These negotiations initiated with the County utilizing its long time Chief Negotiator Norman Stocker from Ellicottville, New York. In October, Mr. Stocker retired and the County retained the services of Mr. James Rooney from the law firm Bond, Schoeneck and King to act as Lead Negotiator. At the close of 2008, negotiations were on-going with all three collective bargaining units. In addition, with Mr. Stocker’s retirement, I assumed the responsibility of representing the County in labor/management and grievance hearings which will result in a savings of several thousand dollars on an annual basis. The largest and most controversial issue which has faced the County for several years came to a conclusion in 2008 with the adoption by the Board of Legislators of a Court Facilities Capital Plan. The Plan, which was approved locally in August and by the New York State Office of Court Administration in December, calls for the construction of a 42,000 square foot addition to the rear of the existing Courthouse to provide additional office, court and public space for the operation of the local judicial system. The planning, design, bidding and construction of this project will occupy a substantial portion of my time over the next 18 to 24 months. As has been touched upon in two previous Annual Reports, I continue to focus time and effort on the attempt to conclude an effort to install water and wastewater treatment infrastructure at the area adjacent to Exit 30 of I-86 known as “The Crossroads.” There remain five major tasks to complete, those being: approval of the water and sewer district by the New York State Comptroller, completion of Final Design, the potential acquisition of grant or low-interest loan 257 2008 ANNUAL REPORTS funding, bidding, and construction. In October, applications were submitted to the New York State Comptroller seeking approval of the districts. At the close of 2008, we continue to await a response. Once again, as has been the case since 1993, the period of May through September is punctuated by the constitutional requirement of preparing a Tentative Budget. Throughout the cycle there was little budgetary controversy, and with the assistance of department heads, the Budget Committee, and the County Treasurer, we prepared a Final Budget requiring an increase in the County property tax rate of only 1.3 percent. An additional project which required the dedication of time and effort during 2008 was the decision by the Board to combine the Office for the Aging, Veterans’ Services Agency, and NY Connects/Single Point of Entry into one physical location and abandon the use of the current Office for the Aging headquarters on Court Street in Belmont. Throughout the year, I have worked with the Director of the Office for the Aging, the Director of Development, and the Court Facilities and County Space Needs Committee in an effort to identify the best option for accomplishing this goal. Throughout the year, I continued to represent the County as a mandatory member of the Cattaraugus-Allegany Workforce Investment Board, and I continued my role as Chairman of the Southern Tier Extension Rail Authority. In addition to the multiple responsibilities associated with overseeing the day-to-day operation of our County government, during 2008 I attended 99 Standing Committee meetings, five Committee of the Whole meetings, and 25 Legislative Board meetings. Respectfully submitted, John E. Margeson, County Administrator 258 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS COUNTY ATTORNEY 2008 ANNUAL REPORT The Allegany County Attorney's Office provided legal representation to the County Board of Legislators and all other County offices and departments. This involved the rendering of formal and informal opinions, legal research, attendance at conferences, attendance at Board and Committee meetings, individual and group consultations, as well as preparation for and appearances in Supreme, County and Family Court actions and proceedings. In addition, laws affecting County operations were examined and appropriate legal advice rendered as a result. A wide variety of other work was undertaken for the Board of Legislators and County departments and offices. The following legislation, instruments and documents were prepared and/or approved: a. b. c. d. e. f. 246 Resolutions and 4 Local Laws. 203 Agreements were prepared & reviewed for various County departments. Preparation of 60 tax deeds; extensive examination of 730 title searches. Prepared 250 confessions of judgments for the Department of Social Services. Prepared 384 child support satisfactions of judgment. Prepared 10 discharge of mortgages totaling $4,570.74. A few projects of note that this office was actively involved with were the sale of the Certified Home Health Care Agency; the Soil and Water Conservation District riverbank remediation project; the water district project; and the court facilities project. The following extensive Family Court work was performed: a. b. c. Preparation/prosecution of 56 juvenile delinquency proceedings. Preparation/prosecution of 43 Persons In Need of Supervision proceedings. Preparation/prosecution of 358 neglect and 43 child abuse proceedings. The Allegany County Support Collection Unit collected a total of $6,908,247 for calendar year 2008 (an increase of 7.43 percent over last year). Of that amount collected, $416,467 will reimburse public assistance grants. The number of paternity cases established in calendar year 2008 was 250 children (163 via paternity acknowledgment signed at the hospital and 87 by Allegany County Support Collection Unit petition to Family Court for an Order of Filiation). In addition to the receipt of $351,400 of anticipated revenues, the County Attorney's Office received unanticipated revenues of $78,763.50 for legal services rendered to the Department of Social Services and STOP DWI Office. Thus, total 2008 revenues were $430,163.50. The Family Court statistics illustrate that an ever-increasing amount of the resources of this office are being consumed by Family Court work. For example, in the last year alone, the number of neglect cases increased by 113 over the prior year’s total of 245. Not only have actual cases increased, but due to new state and federal requirements, the frequency with which a matter returns to court has also increased. Also, our office is responding to a greater number of appeals on Family Court cases which of necessity require substantial time for research, writing and travel to Rochester. Therefore, despite the fact that this office was down both an attorney and a secretary/paralegal for the first third of the year, we still show an increase in revenues over the prior year. Unfortunately, given the historic trend of increasing Family Court cases and the socioeconomic factors behind that trend, and given the current state of the economy, we expect this trend to accelerate. 259 2008 ANNUAL REPORTS What this trend means for this office is that a greater and greater amount of the County’s finite legal resources are being used to meet the needs of one client - DSS. As non-DSS work is also increasing, although at a lesser pace, most of that work is by necessity undertaken by just one attorney - myself. In the past, the County Attorney was able to delegate a greater proportion of the non-DSS work to his assistants. This allowed the County Attorney to devote greater time and attention to the more critical legal issues being faced by the “client.” Therefore, the challenge is to meet the County’s increasing need for legal services with shrinking resources. Obviously, the challenge of “doing more with less” is something we all face. So far, I believe this challenge is being met. However, I would be remiss in my duty if I didn’t point out this trend and its future implications. If this trend continues, in the not too distant future, our existing model for providing the varied legal services required by the County will no longer be adequate to the task at hand. In closing, let me say that I very much appreciate the honor you afforded me last year by appointing me County Attorney. I am encouraged by the hard work and commitment of those with whom I work and am confident that this County is up to the significant challenges we face. I look forward to continuing to serve as your County Attorney. Respectfully submitted, Thomas A. Miner, County Attorney 260 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS COUNTY CLERK 2008 ANNUAL REPORT I herewith submit my report as County Clerk for the fiscal year beginning January 1, 2008, to and including December 31, 2008. RECEIPTS Recording Documents Copies UCCS Filing Papers All Other Services Voluntary Surrenders of Registrations Automobile Registrations and Operator’s Licenses, etc. Passports Record Management & Cultural Education Fund Total $ 160,684.00 40,840.24 3,730.00 73,309.00 107,092.14 3,360.00 154,421.26 3,725.00 7,118.00 $ 554,279.64 All of the above fees have been paid to the County Treasurer. Receipts are on file. MORTGAGE TAX Mortgage Tax Collected Paid to County Treasurer (Basic Tax) Paid to County Treasurer (Additional Tax) Paid to NYS Mortgage Agency **Clerk Hire $ 616,477.93 $ 278,733.12 119,607.73 122,562.36 95,574.72 $ 616,477.93 TRANSFER TAX Total Transfer Tax Collected **Paid to County Treasurer Paid to NYS Tax Commission $ 244,079.00 $ 2,437.00 241,642.00 $ 244,079.00 EQUALIZATION & ASSESSMENT FORMS Total Equalization & Assessment Fees Collected **Paid to County Treasurer $ 16,362.00 Paid to NYS Equal. & Assessment 163,908.00 $ 180,270.00 $ 180,270.00 RECORD MANAGEMENT & CULTURAL EDUCATION FUND Total Record Management & Cultural Education Fund $ 142,360.00 Paid to County Treasurer $ 7,118.00 Paid to NYS Tax Commission 135,242.00 $ 142,360.00 261 2008 ANNUAL REPORTS CLERK OF COURT Clerk of Court Monies Collected ***Paid to County Treasurer Paid to NYS Tax Commission Total $ 363,253.93 $ 33,325.00 329,928.93 $ 363,253.93 NOTARY PUBLIC Total Notary Public Monies Collected *Paid to County Treasurer Paid to NYS Dept. of State Total $ $ $ MOTOR VEHICLE DEPARTMENT Total Motor Vehicle Fees Collected Auto Use Tax New York State Sales Tax Collected Interest Collected on Sales & Use Tax Total Paid to County Treasurer: Registration and License Fees Voluntary Surrenders of Registrations **Fees for Collecting Sales Tax **1/2 Interest Collected Total $1,175,931.41 277,030.00 410,041.41 15.91 $1,863,018.73 $ 154,421.26 3,360.00 4,003.00 7.92 $ 161,792.18 County Share of Auto Use Tax (Local Law 1 of 2003) $ 271,603.44 Grand Total for County $ 433,395.62 NYS Dept. of Motor Vehicles Account $1,018,150.15 Remitted to NYS Sales Tax Bureau 406,038.41 1/2 Interest Collected & Remitted to NYS Sales Tax Bureau 7.99 State Share of Auto Use Tax 5,426.56 Total $1,429,623.11 Services Made Without Fee from January 1, 2008 through December 31, 2008: County of Allegany $ 90,656.00 State of New York 16,934.90 Total $ 107,590.90 *Included in Receipts under “Filing Papers” **Included in Receipts under “All Other Services” ***Included in Receipts under “Filing Papers” & “Recording Documents” Dated: January 31, 2009 Respectfully submitted, Robert L. Christman, County Clerk 720.00 240.00 480.00 720.00 262 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS COUNTY HISTORIAN 2008 ANNUAL REPORT Once again it has been a pleasure to serve as the County Historian, Museum Curator and County Records Management Officer for 2008. During the year, I presented 91 slide programs or speeches throughout the County and region. It must be noted that the digital age has now become part of my presentations. Thankfully I will no longer be donating to the County several thousand dollars worth of film purchase and processing. The downside of digital is the tremendous amount of time needed to file digital images and assemble programs. The computer has also impacted the office by further reducing the number of visits by genealogy information seekers. Less than 100 visited our office and museum for research in 2008. Starting in June, Pro-Action, from Steuben and Yates Counties, placed another worker in my office: Jackie Whitzer from Friendship. This program was formally called Green Thumb. She makes a fine addition to the historical services offered to our residents. As for records management, we are even closer to capacity in our 7,400 square foot storage building located at the County landfill facility. This issue will soon have to be addressed. Respectfully submitted, Craig R. Braack, County Historian 263 2008 ANNUAL REPORTS OFFICE OF DEVELOPMENT 2008 ANNUAL REPORT The Office of Development focused our collective efforts in the development of commerce within the County through the retention, expansion and attraction of business and services. County Comprehensive Plan – In conjunction with the County Planning Board and the County Legislature, a “first-ever” Comprehensive Plan for Allegany County was approved. The plan provides a complete review and strategy for areas including community facilities, rural character, economic development, intergovernmental cooperation, and housing, health and safety. Also formed through the legislature was the Implementation Committee to initiate the strategies and objectives. Greater Allegany County Chamber of Commerce – In conjunction with the implementation of the Comprehensive Plan, the Office of Development supported and assisted in the formation and aggressive structure of the County-wide Chamber. Incorporation, board structure, budgeting, the hiring of the Executive Director, and plan of work were completed. The Chamber is designed to support the various other business organizations within the County with important tourism and development issues. Transportation Task Force – This year the Transportation Task Force achieved significant and strategic accomplishments in the efforts to provide Allegany County with a highly efficient and effective public transportation system to benefit workforce mobility. The Task Force was cited by the Department of Transportation as an excellent example of cooperation and collaboration. The Task Force was the recipient of DOT grants to implement their program. The system is designed to reduce the overall cost to the County for public transportation. Genesee River Wilds – In conjunction with efforts by the public and private sectors, an aggressive tourism and economic development project was initiated to provide enhanced recreational access to the County’s major natural resource, the Genesee River. Public and private forums continue to shape the scope of the project. Enhanced Business Development Services – The past year realized even greater cooperation with our business development partners, providing better outcomes. Respectfully submitted, John E. Foels, Director 264 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS DISTRICT ATTORNEY 2008 ANNUAL REPORT The District Attorney hereby submits this summary of his annual report in the severely condensed format required by Board resolution. There were 3,030 new files opened in 2008 to be added to those carried over from 2007. Of those new files, 1,135 were misdemeanors, 340 were investigations or miscellaneous or initially regarded as felony level arrests, 1,487 were violations and 68 were violations of probation. ADA Keith Slep was assigned 598, ADA Amanda Newton was assigned 600, ADA Andrew Cornell was assigned 402 and ADA Michael B. Finn was assigned 262. DA Terrence M. Parker assumed direct responsibility for 1,144 files, including the major felony cases, and exercised supervisory authority over all other files. A Special Prosecutor was needed and appointed to handle only 25 files in 2008. Terrence M. Parker continued to serve as full-time District Attorney, completing his eleventh full year as District Attorney and 25 years as a prosecutor. ADA Keith Slep continued as Chief Assistant. Amanda (Newton) Finn, Andrew Cornell and Michael B. Finn served as Assistant District Attorneys as well. Norleen Enders and Ronnelle Drozdowski served as the Confidential Secretaries to the District Attorney and Assistant District Attorneys for the year. All prosecutors are encouraged and required to continue with professional development training, and were afforded the opportunity for additional training and legal education through the NYS Prosecutor’s Training Institute and the National College of District Attorneys. All trainings and seminars, including travel expenses, were either free or at minimal cost to the County. The District Attorney continued active involvement with the State DA’s Association, serving on the Executive and Budget Committees of that organization. This office continued its long-standing practice of support and involvement with the Allegany County Consortium on Domestic Violence, Youth Court, Partners for Prevention, Domestic Violence Response Team and other community organizations connected to criminal justice. Drug Court and Integrated Domestic Violence Courts were also continued, and resulted in increased individual accountability of offenders and enhanced community safety while producing significant financial savings for the County. The District Attorney also continued the practice of making presentations to school classes, service organizations and community groups throughout the County on the legal system, juvenile justice programs and Drug Court. The DA’s Office and the Director of Community Services in Allegany County continued to operate the STEPS/Road to Recovery program under a grant received from the Division of Criminal Justice Services in 2006 to target the severely addicted criminal and provide long-term inpatient treatment as an alternative to state prison for qualified individuals. Allegany County was one of only a very few rural programs funded by the state under this initiative, and has received excellent progress reports to date. Renewal of this program grant is pending. Investigative Services continued to be provided by this office in 2008 utilizing Retired Sr. Investigator Dennis Vespucci of Clarksville, formerly of the Division of State Police. His position is part-time and entirely grant-funded, and has no cost to County taxpayers. Paul Wright of Wellsville and James Galatio of Cuba continued to serve on our staff as unpaid K-9 Investigators. K-9 investigations were undertaken in numerous narcotics, DWI and other details throughout the County, in a cooperative use of our resources. Through a continuing grant from the New York State Crime Victim’s Program, Mrs. Shannon Ozzella continued to serve as Victim Services Coordinator in 2008. Mrs. Ozzella also serves as Vice President of the WNY Coalition of Crime Victim Service Providers. 265 2008 ANNUAL REPORTS Additional resources from outside sources were also retained for the County by our office. Despite the state budget difficulties, Aid to Prosecution funding for Allegany County was successfully renewed at steady levels. This award is for criminal prosecution services not otherwise funded by the County. Additional efforts will be made in the year 2009 to ensure that this funding stream continues as a permanent grant. As in past years, the majority of the costs of this office are paid from outside funding sources, not County taxes. In conclusion, I would invite any member of the public to inquire further if they have any questions regarding our office. Anyone with an interest may examine the expanded report on file with the Clerk of the Board of Legislators, visit our web page at: http://www.alleganyco.com/default.asp?show=btn_DA or request a copy from our office. And, in keeping with the tradition begun by my predecessor in 1974, I offer the following proverbs and quotes for your consideration and reflection: “Acknowledgement is half of correction.” Russian Proverb “Laws control the lesser man; right conduct controls the greater one.” Chinese Proverb “I make up my opinions from facts and reasoning, and not to suit anybody but myself.” William Tecumseh Sherman, 1820 - 1891 “Stupidity has no friends, and wants none.” Horace Greeley, 1811 - 1872 “No man is justified in doing evil on the ground of expedience.” Theodore Roosevelt, 1858 - 1919 “Never assume the obvious is true.” Respectfully submitted, Terrence M. Parker, District Attorney William Safire 266 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS DOG LICENSING FUND 2008 ANNUAL REPORT This report is filed pursuant to Section 111 of the Agriculture and Markets Law and covers the moneys remitted and the moneys expended by the County Treasurer under the provisions of Article 7 of the Agriculture and Markets Law for the period January 1, 2008 to December 31, 2008. RECEIPTS Total balance on hand January 1, 2008 Dog license fees received Tag fees received Damages recovered from dog owners $ 7,345.69 10,748.34 141.00 0.00 Total amount available for the year ending December 31, 2008 $ 18,235.03 DISBURSEMENTS Paid 36 percent of dog license fees to Dept. of Ag & Markets Paid tag fees to Dept. of Ag & Markets Paid claims for damages done by dogs Paid to towns and cities 75 percent of total surplus for last reporting period Total disbursement during the year ending December 31, 2008 Total surplus for the year ending December 31, 2008 4,010.40 141.00 160.00 5,509.27 9,820.67 $ 8,414.36 75 percent of the above surplus amounting to $6,310.77 to be apportioned to cities and towns ratably to the remittance each made. Attached is a list showing the remittance each made and the amount apportioned. Terri L. Ross, Allegany County Treasurer 267 2008 ANNUAL REPORTS DOG LICENSING FUND (CONTINUED) STATEMENT OF AMOUNTS REMITTED AND APPORTIONED JANUARY 1, 2008 TO DECEMBER 31, 2008 Remitting Municipality 9504 9505 9506 9507 9508 9509 9510 9511 9512 9513 9514 9515 9516 9517 9518 9519 9520 9521 9522 9523 9524 9525 9526 9527 9528 9529 9530 9531 9532 Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar Burns Caneadea Centerville Clarksville Cuba Friendship Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt Totals Amount Remitted $ 75 Percent of Surplus Apportioned 115.14 164.49 97.50 125.69 515.79 411.21 179.74 540.52 30.54 565.20 151.54 311.38 347.80 264.35 938.81 757.84 353.67 250.26 165.66 786.11 144.49 109.25 350.11 284.32 234.96 1,876.43 62.25 351.31 261.98 $ 67.60 96.58 57.25 73.80 302.84 241.44 105.53 317.36 17.93 331.85 88.98 182.82 204.21 155.21 551.21 444.96 207.65 146.94 97.27 461.56 84.84 64.14 205.56 166.94 137.95 1,101.73 36.55 206.27 153.82 $ 10,748.34 $ 6,310.77 268 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS BOARD OF ELECTIONS 2008 ANNUAL REPORT In 2008, we received 37 new Sequoia Ballot Marking Devices (BMD) to be used in all future elections for the disabled community. HAVA money covered $406,054.06; our 5 percent responsibility was $19,445.94. The Commissioners, Deputies and Machine Custodians attended various training classes to learn the proper use and testing of these new machines. Statute requires the new BMD machines to be stored by the County; at the present time the BMDs are stored in the old jail. This has also added the expense of delivery/pick up of the machines to/from the polling sites (November 2008 cost was $2,086.60). In addition to our normal printing costs for an election, we have had to add programming and ballot definition costs for the BMDs ($8,925 for the general election). In 2008, both the BMDs and the lever machines were used. The Board and 19 Towns participated in our $21,050 HAVA Grant to bring the polling sites into ADA compliance. ELECTIONS 2008: PETITIONS AND CAUCUSES: We received 87 Republican and Democratic designating petitions for 8th Judicial District Delegates and Alternates, County Committee Members, Democrat State Committee, Republican Petitions for Town Offices in 8 Towns and 1 Independent Nominating Petition for Town Office. Eight Certificates of Nomination were filed for Town Offices. PRESIDENTIAL PRIMARY ELECTION: February 5, 2008: Republican and Democrat primaries were held for President of the United States; also the Democrats selected delegates/alternate delegates to the National Convention. Absentee ballots: sent 528; returned 372; counted 346; voided 26. Affidavit ballots: received 92; counted 18; voided 74. Voter turn out: Democrat 37%, Republican 30%. GENERAL ELECTION: November 4, 2008: Candidates on the ballot were: US President/Vice President, US Congressman, NYS Senator, NYS Assemblyman (147th & 149th Districts), 8th Judicial District Judges, Town Offices, 1 State Proposal and 3 Local Propositions in Independence. Absentee ballots: issued 1,411; returned 1,235; counted 1,156; voided 79. Affidavit ballots: received 572; counted 365; voided 207. Voter turn out: 79%. ELECTION INSPECTORS: 16 training sessions were held: 185 inspectors attended class, 184 passed and were certified, 1 failed. VOTER REGISTRATION, ENROLLMENT AND LIST MAINTENANCE: At the close of registration on October 20, there were 29,068 voters eligible to cast ballots in the General Election. In 2008, we processed 3,480 registrations, canceled 669 registrations and processed 296 changes of enrollment. NCOA: approximately 25,666 voter files were submitted to the post office for comparison: 470 files were returned, 74 family moves, 357 individual moves, 3 foreign moves, 36 NFO. Mail Check: 22,535 cards were sent, 1,164 were returned, 314 moves within the County, 295 moves out of the County, 192 undeliverable and 363 miscellaneous (typo, 911 or PO Box changes). We sent out 546 confirmation notices, 472 transfer notices and acknowledgement notices to various voters. 47 were returned as confirming a new address or as NFO. Notices were also sent to voters with incomplete registrations. James Gallman, Commissioner John Colligan, Commissioner 269 2008 ANNUAL REPORTS EMERGENCY SERVICES 2008 ANNUAL REPORT The two stream bank stabilization projects located at Belfast and Amity/Scio were completed. These were a major undertaking and with the financial assistance through a FEMA Mitigation Grant and the required local match from Senator Young, they were accomplished. Funds from our current Homeland Security Grant are being used to replace emergency power generators at three of the County’s radio tower sites. Additional grant funding is being used to enhance the overall communications system. The County participated in the Western Regional Full Scale Communications Exercise in July testing our local amateur radio communications capability. Equipment maintained in our Emergency Operations Center at the Public Safety Facility was tested and designated as the “Division Control Point” for the Western Southern Tier counties. Allegany County and Cattaraugus County conducted a joint CHEMPACK Pharmaceutical Stockpile Exercise which simulated the notification process and full scale activation of simulated medical assets at the Olean General Hospital with transport of assets to select hospitals in Allegany and Cattaraugus Counties. Allegany County joined the NY-Alert All-Hazards Warning and Notification System which will allow the County to disseminate notification and warning information to our residents via cell phone, text message, fax, internet and pagers. The plan for the New York State High Band Communications System funded by the Office for Technology has been stalled, and the contract with the current vendor has been cancelled. This warrants even more need to enhance our own County intercommunications system. The Emergency Medical Services training program continues, located at the Crossroads facility and is working effectively. Fifty-nine students at various levels of training were certified after completing New York State Health sponsored courses. This is somewhat less than the numbers from 2007. Hopefully we can receive assistance in the recruitment and retention of our volunteers. Respectfully submitted, John C. Tucker, Director 270 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS EMPLOYMENT AND TRAINING ONE-STOP CENTER 2008 ANNUAL REPORT During 2008, a total of 7,232 customers visited the Center for career development and employment related services. Center staff made 2,140 referrals to job openings, and 554 customers secured employment. Two hundred eighty-six individuals attended workshops and 897 were tested for assessment and employment purposes. Local businesses benefited from services that included the processing of applications, testing for math/reading skill levels, on-the-job training/work experience subsidies and assistance with tax credit information. Thirty-seven contracts were written which resulted in $45,507 of direct savings to participating employers for costs associated with the training of new employees. Funding available through the Workforce Investment Act assisted 101 County residents in specific occupational skills training programs linked to current demand occupations at a total cost of $72,051. Eligible adults and dislocated workers participated in training programs resulting in certifications leading to careers in Health Care, Education, Transportation, Manufacturing, Technology and Human Services. Ninety-four percent of those who completed training in 2008 found employment at an average wage of $11.24 per hour. Our youth program targets at-risk youth with services such as work experience, exposure to post secondary educational opportunities, occupational skills training, counseling and supportive services. Seventy youth ages 14-21 benefited from these activities through the Summer Youth Employment Program. The Allegany County BOCES Center served as host worksite for primarily in-school youth. Sixteen private/public sector employers also participated as worksites for older youth. Additionally, the Center facilitated a three-day Computer Camp for 16 eligible youth who were unable to participate in the work component of the program. In partnership with Southern Tier Traveling Teacher and Literacy Volunteers, the year-round program served an additional 39 youth with an emphasis on dropout prevention, career exploration, job seeking skills and work experience. The Center continues to provide intensive services for public assistance recipients. Eight hundred ninety-seven applicants were assessed for employability. Four hundred fifty-three were assigned to participate in activities involving job readiness training, individualized job search, resume development and job retention skills. As a result, welfare grant savings were generated through employment, sanctions and case closings for 186 individuals. All staff related and service provider activities coordinated through the Center involved 1,102 individuals who benefited directly from intensive training services that may have included tuition assistance, wage subsidies, supportive services, workshops, job placement or counseling. In closing, I would like to thank Center staff for their hard work and dedication, and the Board of Legislators for their continued support. Respectfully submitted, Jerry L. Garmong, Director 271 2008 ANNUAL REPORTS FIRE SERVICE 2008 ANNUAL REPORT During the year 2008, Allegany County Fire Department volunteers responded to 112 structure fires, 364 auto alarms, 123 tree/lines down, 4 carbon monoxide calls, and 5 haz mat incidents. Fire and independent ambulances were dispatched from Allegany County for 3,280 ambulance calls. Our fire investigators have been working hard to increase their proficiency and make their reporting more concise. The investigators investigated 55 incidents in 2008; one of these incidents required two days of their time working with state investigators. The investigators also attended various schools and training classes to improve their skills. The six (6) District Deputy Coordinators attended all mutual aid incidents in their districts and conducted meetings of the Chief Officers. These meetings are very helpful in getting company officers to know each other and working together to improve their decision making. Russ Hall, the 911 Coordinator, works very hard keeping the 911 Center running smoothly and keeping up with dispatcher training and equipment upgrades. In March, the Dispatch Center began using the Priority Dispatch System which over the long run will give us better control of calls. Each week, 25 calls in each of the areas (Fire, Police, and Medical) are randomly reviewed and graded to improve dispatcher handling of calls. Personally I believe our dispatchers do a pretty good job. Our offering of State Fire Training courses was good for most of the 2008 year, but the State began cancelling classes at the end of year. We do not know where the State will take us for the fiscal year 2009-2010 which begins in April of 2009. If we do not get at least the beginning classes for firemen, companies are going to have a hard time keeping new young people as members. Our four NYS Certified Instructors conducted classes in 2008 with a total of 7,273 person hours. Copies of the 911 Dispatch Report, Fire Training Report, and Fire Investigation Report, as well as a listing of Paid Staff and Volunteer Staff, are attached to the full Annual Report on file in the Clerk of the Board of Legislators Office. Respectfully submitted, Paul W. Gallmann, Fire Coordinator 272 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS DEPARTMENT OF HEALTH 2008 ANNUAL REPORT The year 2008 was a devastating fiscal year for Allegany County and New York State. The Health Department came through 2008 with some cuts to program monies by New York State. Thankfully, we were able to absorb the majority of those cuts with no loss of services to the County residents. I hope I can say the same for 2009. These are difficult times and difficult decisions have to be made. As I tell my staff, the Legislature, and residents who express concerns to me, there is no such thing as business as usual in New York State, or nationally, anymore. Gone are the days of surpluses and extras. Even though we have scaled back significantly with the sale of our Certified Home Health Agency and our Long Term Home Health Care Program, we still have much work to do. We who work in the health care business are extremely adept at thinking outside of the box, programmatically. Now we have to do the same, financially. We have to stay vigilant at evaluating every aspect of every program and service to look for more and more ways to provide the same program/service with less money. Although final numbers are not available yet for 2008, as of the end of October, the Health Department is $847,481 UNDER BUDGET. I would like to thank the entire staff at the Health Department for their assistance in this and especially to the Program Managers for their dedication to keeping spending in check. This is your accomplishment. To the taxpayers of Allegany County, we will continue to provide the quality services you have become accustomed to, and we will strive to do even greater things financially in 2009. If you have any questions or concerns, please do not hesitate to contact me at (585)268-9247. Respectfully submitted, Lori Ballengee, MS, Public Health Director 273 2008 ANNUAL REPORTS HUMAN RESOURCES AND CIVIL SERVICE 2008 ANNUAL REPORT The Human Resources and Civil Service Department of Allegany County is responsible for a wide variety of duties. In the civil service field, the staff of four (4) oversees 2,199 classified positions within Allegany County. This includes all County departments, 29 towns, 10 villages, 12 school districts and one special district: Soil and Water Conservation District. Every town, village, school district and County department is to report all civil service employee hires, salary changes, terminations, position changes, etc. to this department. All proposed title changes must be reviewed by this department for approval. Except for labor class positions, all hires must have a civil service application submitted by the incumbent. From this information a roster card is made and maintained for each civil service employee. County, town and village payrolls are certified two times a year; school district payrolls are certified four times a year. Decentralized exams, i.e. Typist, Custodian, Caseworker, are administered by this office on a continuous basis bi-monthly or as needed. This year 99 applicants were examined for decentralized exams. Examinations conducted by this office and rated by the New York State Department of Civil Service totaled 25. One hundred ninety applicants were examined on numerous Saturdays throughout the year. Exam announcements are prepared by this department from information sent by the New York State Civil Service Department. The staff monitors these exams which average four to eight hours. State exams are rated by the State Civil Service Department. Each application submitted for an examination must be accompanied by an application filing fee. The filing fee for County employees taking promotional exams for County positions is waived. Application fees are waived pursuant to Section 50.5(b) for examination candidates who receive public assistance or are unemployed and head of household effective in 2007. The fee schedule is $10 for decentralized exams, $15 for non-uniformed exams, $25 for uniformed exams. This year, $2,007 will be submitted to the New York State Department of Civil Service representing fees for state and decentralized exams rated in 2008. Revenue will be turned in to the Treasurer’s General Fund from candidates who failed to appear for exams and from half of the exam fee for most rated exams. This department continues to be responsible for administering Civil Service Law over the County’s municipalities on a daily basis either by phone, letters, walk-ins or personal visits by the staff. Classification review, payroll certifications, job specification writing, and application reviews are a part of administering Civil Service Law. This department maintains a job specification for most classified civil service titles within the County. This department is responsible for carrying out the following personnel functions: processing new employees; maintaining County personnel records; verifying unemployment claims; administering the County disability program; and assisting various County departments and Legislative Committees in recruitment of personnel. The department oversees the health insurance plan which covers 607 active and retired County employees. Money from retirees and/or retiree spouses who pay their health coverage and employees who pay 10 or 15 percent of the monthly premium is received in this office and deposited with the Treasurer. Accrued leave records for all County employees are maintained by this department. By law, the Personnel Officer administers the provisions of the Civil Service Law to the County and each of the municipalities under the jurisdiction of the County. The Personnel Officer 274 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS also administers three collective bargaining agreements representing the NYS Nurses Association, Deputy Sheriff Local 3989, and AFSCME Local 2574. The Personnel Officer acts as the Affirmative Action Officer and the Sexual Harassment Officer. Ellen Ruckle, Personnel Officer 275 2008 ANNUAL REPORTS INDUSTRIAL DEVELOPMENT AGENCY 2008 ANNUAL REPORT The Industrial Development Agency focused our collective efforts in the development of commerce within the County through the retention, expansion and attraction of business and services. Crossroads Commerce Center - The IDA purchased the 12,500 square foot Crossroads Center from the Houghton Foundation. The center is now home to a complete configuration of business development partners including: the ACCORD Business Center, the ACCORD Computer Center, the Friendship Empire Zone, the Greater Allegany County Chamber of Commerce, the County Development and Tourism Offices, the IDA, and the new Southern Tier offices of Empire State Development, the state development agency. The conference center provided the site for over 385 various public and private sector business meetings. Friendship Dairies - During the past year, Friendship Dairies was acquired by Dean Foods of Dallas, Texas. The IDA, Empire State Development, the Friendship Empire Zone and other agencies provided assistance in the project. During 2008, the company invested over $10 million in an expansion of their operation – increasing production by 40 percent, retaining over 200 positions and creating over 40 new employment positions by year-end. Tracewell Electronics - Upon the departure of Tracewell Electronics, the IDA initiated an aggressive program to assist affected former employees and develop a strategy to market the facility. Tracewell retained the Hart Corporation, commercial real estate brokers, with the recommendation of the IDA. The Seneca Nation successfully purchased the facility. The project retired 100 percent of all the outstanding debt to numerous entities. The facility is now fully on the tax rolls. Crossroads Sewer/Water Development - Now fully engineered, the completed project proposal was forwarded to New York State for review. The IDA has also redesigned the initial phase of development as “Allegany Square.” NYS Public Authority Act - The Allegany County Industrial Development Agency is in total compliance with New York State requirements. This includes compliance with the Public Assistance Reporting Information System (PARIS). In addition, all directors and staff have received all necessary regulatory training through Hodgson Russ, LLC. Respectfully submitted, John E. Foels, Executive Director 276 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS INFORMATION TECHNOLOGY 2008 ANNUAL REPORT The Information Technology Department continues to provide technical support to all County offices and departments. We had a total of thirty-seven and one-half hours of overtime, which was a decrease by approximately three hours from last year. The overtime is related to upgrades and call-ins from other departments that provide twenty-four hour service. Our support involves the purchase of new computers, setting them up, and installing the necessary software for the employees to do their jobs. The technicians troubleshoot all computers, servers, printers and connectivity for all departments located at the Belmont facilities as well as facilities located in Wellsville and Alfred. The Information Technology Department continues to service all computers, computer related equipment and telephone equipment throughout the County with a staff of four people. We continue to save the County money by doing all the programming and changes needed for the phone system. We have the knowledge for programming the phones and for moving and punching down lines when personnel move within a department. It continues to be more cost effective doing the work ourselves rather than contracting with an outside company. The department launched a new look for the County web site which set the main focus on local government. The objective of the new look is to allow the citizens of Allegany County to get the information they need with one click of the mouse. The front page is used to put direct links to important information such as employment opportunities within Allegany County. The departments forward the data they would like to appear on the page provided for them, and the web master from the Technology Department keeps the site updated. Respectfully submitted, Deborah M. Button, Director 277 2008 ANNUAL REPORTS PARKS AND REFORESTATION 2008 ANNUAL REPORT The Park areas consist of the Rushford Swim Area, the Seneca Oil Spring Park, and the County Cemetery. The swim area at Rushford Lake saw increased usage in 2008, hosting thousands of visitors from the general public as well as bus loads of students from schools. Waterfront Director Bill Mosgrove continued to provide supervision of lifeguards, maintenance of the water supply, and facility operations. The Department of Public Works (DPW) District 1 crew did various maintenance projects on the building and repaired and built several picnic tables. The DPW summer crew assisted with the mowing and grounds keeping at the facility. The Seneca Oil Spring Park is located on the Seneca Reservation just below Cuba Lake. The park exhibits heavy usage by tourists, the public, and the Seneca Nation. The Oil Spring and Monument area as well as footbridge access to the site remain in good repair. The DPW summer crew assisted with the mowing and grounds keeping at the facility. The County Cemetery is located near the old County Home & Infirmary just off County Road 2 east of Angelica. It is home to over 100 graves from the 1800s and early 1900s. Over 30 years ago, the pristine marker stones were gathered and placed around a central garden to commemorate the cemetery and preserve its legacy. The DPW summer crew assisted with the mowing and grounds keeping at the facility. Additional mowing is performed by DPW crews at the Forest Conservation Building in Angelica and the Soil & Water Conservation District fueling station on County Road 48 in Belmont. Over 2,000 acres of designated Forest Land exist in Allegany County and are gathered into 10 management areas. The County Forest is managed by the Soil & Water Conservation District for the sale of forest products, continued growth, wildlife habitat, and recreation. The District utilizes a consulting forester, Paul Kretser, to cruise, mark, and coordinate the sale of timber. The revenues from the sale of forest products have been traditionally used to support the management contract with the District, consulting forester fees, DPW summer maintenance crew, expense of the Rushford Swim Area, and payments made to Towns in lieu of tax. Two timber contracts (Pine Lot and Helmer Lot) were signed at the end of 2007, and the logging was performed and continued throughout 2008. The clean-up of Pine Lot was completed in 2008, and the Helmer Lot clean-up will be completed in 2009. Clean-up and logging delays were due to the wet harvesting years in 2007 and 2008. The Weir Lot is the last management area in the 2004 Timber Harvesting Sales Report. It was marked in 2008 to be ready for bid in 2009. A parcel on County Road 20 in the Town of Friendship called the Flag Lot was acquired through back taxes, and the land was evaluated for existing timber and as a potential addition to County Forest Land. Respectfully submitted, Gretchen T. Gary, Executive Director 278 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS PLANNING BOARD 2008 ANNUAL REPORT The Allegany County Planning Board continued its role with various municipalities by aiding and reviewing several matters relative to planning and land use. Membership for 2008 included: Clifford Ackley, Kathleen Barnes (term ended), Wendall Brown, Robert Ellis, Dale Foster, Lee Gridley, Charles Jessup, James Ninos, Valerie Perkins (term began), and Ron Stuck. Officers for 2008 were: Chairman - Ron Stuck, Vice Chairman - Charles Jessup, Secretary - Lee Gridley, Assistant Secretary - Kathleen Barnes. Planning Specialist & Technical Assistance: Kier Dirlam. Activities conducted throughout the year included: Held Annual Meeting & Dinner on January 16, 2008, and elected officers for 2008. William Hall presented to the group on “Allegany County - a Global Perspective.” Met February, March, April, May, June, September, October, November, and December for regular meetings on the 3rd Wednesday of each month at 7:30 p.m. at the Crossroads Center in Belmont. Annual Picnic was held at the Crossroads Center on Wednesday, August 20, 2008. Discussed and assisted the County with the development of the Allegany County Comprehensive Plan. Reviewed and approved the final draft of the Allegany County Comprehensive Plan. Reviewed and approved the proposed Centerville/Rushford Wind Park. Reviewed and voted against the proposed NYSDEC Ban on Burning. Reviewed and approved Town of Almond ZBA Referral regarding Harvey Use Variance on Hummingbird Hill. Approved various SEQR Lead Agency requests. Reviewed NYSDEC actions throughout the year. Reviewed Community Planning efforts by Towns and Villages throughout the year. Reviewed Intergovernmental Review projects throughout the year. Heard information on a Belfast and Angelica Development Project that is forthcoming. Reviewed and discussed an upcoming effort on Services Consolidation. Ronald A. Stuck, Chairman 279 2008 ANNUAL REPORTS PROBATION 2008 ANNUAL REPORT Intake - The principal purpose of the Intake Unit is to divert cases from the attention of the Family Court. Areas of jurisdiction include Custody, Visitation, Support, Juvenile Delinquency, and Persons In Need of Supervision. The unit served a total of 545 cases. Investigations - A total of 418 investigations were prepared for the County, Justice, and Family Courts in 2008. Supervision - At year’s end, 467 individuals were on probation supervision in Allegany County. The criminal courts accounted for 423 cases; there were 44 active Family Court supervision cases. Collections - The total collections for the year were $127,229. This total includes restitution to crime victims. Staff Development – Twenty-one training credit hours per year per professional staff member are mandated. In 2008, the average number per officer exceeded the basic requirements. Pre Trial Release (ROR/RUS) - Inmates released via program intervention in 2008 totaled 156. Community Service Sentencing Program - Fifty-nine “jail-bound” offenders were received by the Community Service Program in 2008. Those put to work accounted for 1,416 hours of community service work completed. Six juveniles completed 190 hours. Adult Intensive Supervision Program - As of December 31, 2008, there were three remaining jail/prison-bound offenders in the County’s ISP program. Adult Sex Offender Treatment Program - Ten evaluations/assessments were prepared in 2008; 46 investigations were completed, and at the close of the year, 39 offenders were on probation supervision for sexual offenses. Electronic Home Monitoring - Seventy-two clients were referred to EHM in 2008. This potentially saved 7,665 jail days, along with a potential 87 out-of-home placement days for PINS and JDs. Offender fees collected in 2008 amounted to $11,800. Services for a Shared Population - Probation applied for and received a $50,000 grant to better coordinate and deliver services to those with mental health concerns that are committed to the jail or involved with Probation or the Court system. At the close of the year, 109 clients received services. Probation Eligible Diversion Program - Program designed by Probation to impact state prison population. Revenue to County was $18,600, used to offset Probation’s costs providing “Interim Supervision” to the Allegany County Drug Court. School-Based Probation - Began in February 2005, at Wellsville Central School. Probation Officer in school two full days each week to provide Intake and Supervision Services. Future plans include expansion to other districts. Twenty active cases as of December 31, 2008. Juvenile Intensive Supervision Program - Keeps high risk PINS and JDs in the community and out of costly placement situations. As of December 31, 2008, two active cases in the County. Juvenile Sex Offender Treatment Program - In 2008, three offenders were being supervised on probation. 280 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Juvenile Arson Prevention Program - Early intervention/education program. referral to this program in 2008. There was one Act II - Men’s Education Program - To begin January 2009. Education program for Domestic Violence Offenders. Respectfully submitted, David A. Sirianni, Director 281 2008 ANNUAL REPORTS PUBLIC DEFENDER 2008 ANNUAL REPORT In 2008, the Office of the Public Defender saw an increase in applications for our services over 2007. A total of 1,386 applications for assigned counsel were received by our office for review under the terms of the County Law. Of those, 395 were referred to the conflicts office or assigned counsel. Ninety-six applications were denied on the basis of financial eligibility. Seven denials were overturned by one of the County Court Judges. A total of 865 cases were opened. They included: 427 Misdemeanors 112 Felonies 160 Family Court Matters 41 Violations of Probation 19 Parole Violations 106 Miscellaneous Staffing in the office became an issue in April when one of our part-time attorneys left to take a position with the County Attorney’s Office. We were unable to fill the part-time position at the salary offered. Attorney Patricia Fogarty agreed to come on full-time and close her private practice. We were fortunate to have an attorney join us with her level of expertise and experience. She began working on a full-time basis in July. The office is now staffed with two full-time attorneys and one full-time secretary. While the large caseload, the time demands of the “Specialty Courts” (Drug Court and Domestic Violence Court), and the huge number of Justice Courts covered by our office continue to pose challenges for us as we enter 2009, we remain committed to quality representation of our clients. Barbara J. Kelley, Public Defender 282 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS PUBLIC WORKS 2008 ANNUAL REPORT Again, despite the County’s continued financial situation, the Department has maintained a reasonable level of service that is expected by those we serve. The dedication of our employees has made the difference despite a reduction in funding. We will continue our efforts to provide a safe transportation system and a viable solid waste program for the citizens of Allegany County. C.H.I.P.S aid in the amount of $1,733,985.19 was received from New York State. The number of miles of road that were hot mixed paved totaled 17.08, and $229,200 of aid was used on a bond payment. Public Works completed or started work on five bridges in the County Road System and completed four Town structures. Work was completed on two bridges on CR16 in Angelica and the Truax Road Bridge in the Town of Wellsville. Preliminary Engineering continued on the replacement of BR16-10 on Main Street in the Town of Friendship. The Bridge Maintenance Crew worked on seventy-seven different structures during the year. In 2008, planning continued for the next phase of landfill closure which will cover about five acres (Cells 4 and 5). The actual construction project is scheduled for 2009 and possibly will extend into 2010. The main project that was undertaken was the abandonment of a surface water/storm water collection riser in the active landfill footprint. This allowed for the activation of the remaining half of Cell 8. There is one disposal cell left, or about four years of disposal capacity left, in the County Landfill. A total of 2,504 tons of waste were recycled in 2008, with revenues of $173,751.07. The County landfilled 29,376.70 tons of solid waste. Tipping Fees amounted to $611,061.34, and $386,976 was received from the sale of residential user tags. The bottom front steps of the Courthouse were replaced, the louvers in the cooling tower were replaced, and mold remediation was done in Child Services. I would like to thank my staff for their dedication and all of our employees for a job well done. Also, I would like to thank the Board of Legislators, especially the Public Works Committee, whose support and interest in this department has been invaluable. Respectfully submitted, David S. Roeske, Superintendent 283 2008 ANNUAL REPORTS REAL PROPERTY TAX SERVICE AGENCY 2008 ANNUAL REPORT In compliance with Section 1532 R.P.T.L. County Reporting: Allegany Reporting Period: Calendar Year 2008 Major Functions: Maintenance of Assessment Rolls, Tax Rolls, Tax Maps and Assessor Training MAINTENANCE OF ASSESSMENT ROLLS AND TAX ROLLS: The production of Assessment Rolls, Tax Rolls, Tax Bills, Cross Reference Listings, Change of Assessment Notices, Sales Transmittals, and Special Reports were all processed by Allegany County. This includes the 19 School Districts, 29 Towns, and 10 Villages that have assessable property in Allegany County. There were 29 Towns with the Real Property System on their own computers, and they were responsible for their own processing in 2008. We provided program and technical support for the Real Property System for these Towns. TAX MAP MAINTENANCE: Tax maps were maintained for all 29 Towns in the County. Copies of new deeds, land contract sales, and property transfer reports (RP-5217) were delivered daily by the County Clerk’s Office. Split-offs of property sales are plotted on the maps, and map overlays and new tax map index cards are generated. The overlays and a copy of the index cards are sent to the assessors along with copies of the deeds and property transfer reports. There were 1,913 transfers in Allegany County in 2008. Revenue from the sale of tax maps, deed reviews, and pictometry photos totaled $24,510.30. All tax maps have been digitized, and the NYSORPS has approved and certified them for use. Also, GIS coverages are updated and maintained on a monthly basis. ASSESSOR TRAINING: Assessors in New York State must meet minimum training requirements. When assessors do not meet these requirements, they can be removed from office. We have coordinated assessor training with the State Office of Real Property Services. Many of the assessors in Allegany County took advantage of the consolidated training courses offered by the State Office of Real Property Services. The Allegany County Assessors’ Association met monthly, and several training seminars were conducted at these meetings. DIRECTOR’S ACTIVITIES: This year our office has been working on several continuing projects. We are still in the process of updating our GIS capabilities and looking for new ways to assist other departments with this information. We are continuing our efforts to incorporate the Pictometry photos, GIS maps, and tax maps with the RPS V4 System. We are working with the County Treasurer’s Office in putting together the County catalog of tax sale properties with our assessment information and photos provided by the assessors. We continue to update and upgrade our assessment information via our internet web site. We are in the process of finishing up our new County assessment grant that ORPS has offered, and we hope to use that money to update our mapping and imaging capabilities. I remain an active member of the Western Region County Directors’ Association of which I am Coordinator/Treasurer. I attended the spring and summer training conferences in Albany and Saratoga Springs, and I continue to host the monthly County Assessors’ Association meetings where we assist assessors in their efforts to maintain equity throughout the County. I would like to thank my staff for their efforts and hard work, and the Board of Legislators for their continued support. Respectfully submitted, Steven G. Presutti, Director 284 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS SHERIFF 2008 ANNUAL REPORT The year 2008 was Sheriff Tompkins’ second year of his first term. It was also the first complete year that the Allegany County Sheriff’s Office housed in out-of-County inmates and federal detainees. The ACSO billed approximately 24,192 bed days generating $2,229,680 in housing-in revenue and an additional $174,200 in transportation fees. During the past year, 1,122 inmates were booked in, an increase of 162 over 2007. Of the 1,122, there were 364 federal detainees, 395 inmates were housed for other counties, for the Federal Marshalls, or Immigration and Customs Enforcement, and 21 inmates were sentenced and transported to state prison. The highest single day population was 143 inmates, 114 males and 29 females. The average daily population was 123 inmates, up from the 2006 average of 64. The total number of meals served was 129,457, a 46 percent increase from 2007. The average cost per meal was $1.36, a four-cent increase from 2007. Jail Medical Staff performed 847 history and physicals, a 23 percent increase from 2007. Medical Staff also performed 3,072 urgent and nonurgent sick calls. The Allegany County Jail responded to a critical jail hanging resulting in an inmate, who was by our estimation nearly dead, being Mercyflighted to the University of Rochester Medical Center where he was treated and released several days later. Civil Deputies served 1,583 civil processes in 2008. These include 111 Orders of Protections, 779 Summonses, Complaints, or Family Court Processes, 523 Property or Income Executions, 67 Eviction Proceedings, and 41 Subpoenas. Additionally, Civil Deputies executed 31 criminal arrests and did 85 sex offender address verifications. The Sheriff’s Office collected undertakings, fines, bail, fees, and monies for judgment creditors in the amount of $837,538.29. Selective enforcement activity, community policing, and assists to other agencies resulted in 90 arrests, 73 traffic tickets, and five accident investigations. The new grant funded License Plate Reader resulted in 100 hits on suspended registrations, stolen vehicles, etc., and the issuance of 66 UTTs. Public Safety Dispatchers processed 23,377 incidents. Court Security Officers screened 42,889 visitors to County Court in 2008. On average, 173 visitors passed through the Magnetometer each day, resulting in the confiscation of 265 prohibited items during the year. The Allegany County Sheriff’s Office expanded the inmate garden program and started a pheasant program. The garden produced more than 10,000 pounds of produce, and the ACSO released 250 adult pheasants locally to try to help stimulate the local economy by providing game that has until recently been unavailable in Allegany County. The Allegany County Sheriff’s Office staff should be commended for how they handled such rapid growth. They met every challenge head on and offered good solutions so that the ACSO could deliver quality service to the citizens of the County. Respectfully submitted, William R. Tompkins, Sheriff 285 2008 ANNUAL REPORTS SOCIAL SERVICES 2008 ANNUAL REPORT The Department of Social Services was again successful in staying under budget, with a net revenue surplus of $2,569,549. The number of children and families we serve remains fairly stable. Caseloads are expected to increase further during the downswing in our economic times. Staffing is down slightly, from 113 employees at the end of 2007, to 111 at the end of 2008. The Department continues to develop community programs and services to meet the needs of the families we serve. The Leadership Team meets monthly and continues to work on the DSS work plan developed in 2007. We continue to strive for clear communication and consistency throughout the department. We also focus on increasing public awareness and support for department activities and goals. Spending Category Medicaid TANF Child Welfare Safety Net Purchase of Services State Training School Day Care Assistance Emergency Assistance Adults HEAP Food Stamp Program Administration Total County Share $8,953,577 754,281 899,073 419,035 214,108 195,650 21,000 10,980 1,441 0 -191,651 $11,277,493 Patricia Schmelzer, MSW, Commissioner Percentage of Percentage Prior County Share To Revenue 79.39 31.27 6.69 11.12 7.97 9.17 3.72 3.56 1.90 3.07 1.73 .61 .19 2.38 .12 .08 .01 .06 0 17.07 -1.50 21.61 286 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS SOIL AND WATER CONSERVATION DISTRICT 2008 ANNUAL REPORT DISTRICT CONSERVATION PROGRAMS: Hazard Mitigation projects totaling $3.1 million were conducted on the Genesee River for stream bank stabilization at Belfast and Amity. Review of Agricultural District #1 was finalized and approved by NYS. Fifty-four landowners with 86 parcels were assisted with Ag Exemptions on 7,950 acres. Trail development continued at the Genesee Valley Outdoor Education Center, and the Wetland Reserve Project was completed by NRCS. AEM Program Year 4 serviced three farms with five different Tier projects. AEM Strategic Plan for 2009-2014 was completed. WATER RESOURCES MANAGEMENT: Nine farms were assisted with State EPF Agricultural Non-Point Source Pollution funds, and 14 Best Management Practices were installed. Water Resources Council was reconvened and worked with GACCC on developing Genesee River Wilds project. Secured $5,900 grant for Town of Angelica drainage project study. Five farms utilized $24,000 in FL-LOWPA funds for water quality projects. Secured $14,000 for Cuba Lake District and Rushford Lake District Inundation studies and dissolved oxygen testing equipment. Local beef farmer received $6,000 through district grant funding for alternative water source project. SENECA TRAIL RC&D: Two grazing plans were developed on two local farms. Thirty-seven dry hydrants were inspected and GPS located for local fire departments. Local representatives attended six Council meetings. County committee met once. CONSERVATION EDUCATION: Allegany County received statewide AEM media award. Informational workshop on Agricultural Districting held. Efforts continued on development of the Outdoor Education Center. Fifty students from Allegany County participated in State-wide Envirothon. REVENUES: Revenues in the amount of $106,000 were generated. SWCD served as pass-through for over $146,000 in grant funds to local farmers and landowners for conservation projects. Secured $1.7 million from FEMA and paid to Allegany County toward Genesee River Project contract. Secured $20,000 in special project funds for Allegany County for Genesee River Project contract consulting and interest. ADMINISTRATION AND STAFFING: Eleven Board meetings were held. Fred Sinclair retired and Gretchen Gary, new Executive Director, was hired. Board Director Training Plans and Employee Policy Manual were adopted. There were 935 requests for technical assistance that were acted upon. NRCS contribution agreement supported tech delivery. Gretchen T. Gary, Executive Director 287 2008 ANNUAL REPORTS STOP DWI PROGRAM 2008 ANNUAL REPORT In 2008, the Allegany County STOP DWI Program completed 24 years as a communitybased resource totally funded by drunk driver fines. The 2008 budget of $152,745 was expended to provide a variety of services to the community to battle drunk driving. Funding from the agency aided in increased enforcement, prosecution, and supervision of offenders, as well as improving education efforts and public information. The agency relies on positive partnerships with law enforcement, Probation, the District Attorney’s office, town and village officials, and not-for-profit organizations. During the year, five municipalities plus the Allegany County Sheriff’s Department, the New York State Police, and the SUNY Alfred Police participated in unannounced DWI patrols. A total of 327 alcohol-related arrests were made in 2008. Five agencies participated in three countywide “blanket” patrols. The STOP DWI Office continues to provide funding to the District Attorney’s office to assist prosecutions of DWI arrests. The Probation Department received funding for the year 2008 to be applied toward salaries for a Probation Officer and an Account Clerk to assist in the collection of fines, preparation of pre-sentence investigations, and supervision of those convicted of DWI offenses. The Victim Impact Panel, collaboratively administered by this agency, MADD, Probation, and the Allegany Council on Alcoholism, continued to be a viable tool for offender accountability and a method of Restorative Justice for victims of DWI crimes. In 2008, four Victim Panels were held with 178 defendants attending. The STOP DWI Program continued to provide prevention and education services to youth and adults in the County. The agency supported the local SADD chapters by sponsoring the leadership training conference in October. Donations were made for school-based drug and alcohol-free parties and to assist schools in purchasing products that can be used to educate students about the hazards of drinking and driving. STOP DWI is grateful for the efforts of local and State legislators who have lobbied to increase sanctions for repeat offenders and for tighter controls on alcohol sales to minors. Deborah Aumick, Coordinator 288 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS TOURISM 2008 ANNUAL REPORT The Allegany County Office of Tourism and Culture produced 125,000 copies of the annual Travel and Outdoor Guide for distribution in our County and three-state region. These guides were distributed through our affiliation with the Chautauqua-Allegheny Region Program of the I Love New York campaign at regional travel shows, NYS Thruway rest areas, NYS Parks, and Information Centers throughout New York State. The guides were also distributed throughout the Northeastern United States and Canada through contracts with several professional brochure distribution companies. Approximately 30,000 were personally delivered by me to many, many stores, motels, restaurants, and other public places throughout Allegany County. A wonderful, positive change took place in our County in 2008 with the creation of the Allegany County Chamber of Commerce. This was the brain-child of John Foels, Economic Development Director, and Bill Hart from Hart’s Jewelers in Wellsville served as our first President. Plans are underway to find and hire a full-time Executive Director. Once again, a great deal of praise is to be given to Patience Reagan, Clerk for the Office of Economic Development, for her tremendous knowledge and help in assembling the material for inclusion in the Travel and Outdoor Guide. Cathleen Whitfield, Confidential Secretary to the Economic Development Director, also deserves credit for her role. Respectfully submitted, Craig R. Braack, Tourism Specialist 289 2008 ANNUAL REPORTS VETERANS’ SERVICE AGENCY 2008 ANNUAL REPORT January 1, 2008 – December 31, 2008 TOTAL CONTACTS: 2,598 TOTAL SERVICES: 6,168 The estimated Veteran population of Allegany County is as follows: WWI – 0; WWII – 595; KOREAN CONFLICT – 545; VIETNAM – 1,298; POST VIETNAM – 695; PEACETIME – 1,278; PERSIAN GULF – 598; THE TOTAL POPULATION IS: 5,009 The County Veteran Necrology Report for 2008 is as follows: WWI – 0; WWII – 46; KOREAN CONFLICT – 27; VIETNAM – 24; PEACETIME – 16; PERSIAN GULF – 1; TOTAL DEATHS: 114 During 2008, this Agency ordered 46 bronze plaques, 7 granite, 9 bronze niches, and 1 upright marble for Veterans’ gravesites. This Agency provides the following services: Veteran Administration home loans information; service connected compensation claims; New York State tax exemptions from real property; burial, educational, and pension benefits; completion of Annual Income Reports; and assistance with any inquiries and settlements of Veterans’ Life Insurance. To provide these services, a total of 2,288 letters and telephone calls were sent and received, and 338 personal visits were made by Veterans and various service organizations. Approximately 75 percent of letters going out were for Veteran claims. There were 85 out-ofoffice contacts made, including 18 home visits to Veterans or widows too disabled to make an office visit. The Director also made calls to nursing homes in the area. Monetary benefits realized by Veterans and their families in the County are as follows: COMPENSATION & PENSION: $6,699,105; EDUCATION: $1,871,952; TOTAL BENEFITS: $8,571,057. The major accomplishments of this office include continuing working with the Blue Star Families of Allegany County’s Support Group in raising awareness of our local youths serving in the military. Our office has added to our list of Purple Heart recipients, which stands at 272 and counting. Our office continues the project of adding names of WWII Veterans to the WWII Memorial in Washington, DC. In a recent visit to Washington, DC the Director saw where these Veterans’ names were displayed in the WWII Memorial. The new CBOC facility in Wellsville is running quite well and will continue to in the near future. The preliminary plans for a new Veterans’ Memorial Walkway between the flagpole and the Vietnam Veterans’ Memorial have begun. The Veterans’ Office played a major role in passing the Cold War Property Tax Exemption for Peacetime Veterans at the County level. This office continues its pro-active role for all Veterans and their families in Allegany County. Respectfully submitted, H. Scott Spillane, Director 290 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS WEIGHTS AND MEASURES 2008 ANNUAL REPORT The year 2008 began with the annual reports to the County and New York State being filed. I again tried to organize my duties to eliminate the amount of repetition that occurred in previous years. Some reduction was accomplished, although as I get better notification by businesses when seals are broken or problems arise with devices, repeat inspections are up proportionally. I was able to attend my state school this year and thus gained valuable information and training. I had stations that upgraded their pumps to enable credit card sales. Enforcement of price signs being on top of pumps and being current was still a bit of an issue when prices were changing all the time. This year, I tested over 200 establishments, with over 800 inspections made. The seven grocery stores and 14 other food store/delis were checked. Forty-seven of the 49 commercial gas stations including two marinas were tested, inspected, and approved. The number of fuel pump inspections was down somewhat this year because I only checked low and high grade and not midgrade due to the cost of fuel. I used the gas samples to check the midgrade octane with no obvious errors. In 2008, 101 gas and diesel samples were taken under the NYS Octane Testing Program with no failures. Twelve pharmacies and one of two hospital pharmacies were tested, inspected, and approved. Fifteen of 17 (one new and two waiting for repair) active truck scales were tested with no failures. Twenty bulk tanks were checked and/or recalibrated with four being new tanks. This brings the total number of farms that have been checked in the last five years to over 85. There were four gas stations closed and several changed ownership in my jurisdiction this year. Device test summary as follows: DEVICE CORRECT Scales 253 Fuel pumps 350 Weights 199 Miscellaneous 28 Non-Commercial 12 Total Tests 842 CORRECTED 4 10 0 0 0 14 TOTAL 257 360 199 28 12 856 There is now a state-wide pricing accuracy law. After customizing it for our County and distributing and explaining the flier, I will follow up with inspections. Many businesses in our area do not receive updates on some of the new regulations, or if they do, there is no one to explain the details. Most want to be in compliance but don’t know what they need to do. I had a few phone inquiries about devices (mostly Indian gas stations) in the County and one about tax on a gallon of gas. When prices were at their highest, I had many complaints on fuel for which samples were subsequently taken and found within tolerance. All violations found during testing and inspecting were explained to the owner and/or manager and corrected at that time or in a period of time allowed by the Director. This department has followed up on all calls for assistance and will continue to do so. Respectfully submitted, Gilbert Green, Director 291 2008 ANNUAL REPORTS MUTUAL SELF-INSURANCE PLAN (WORKERS’ COMPENSATION) 2008 ANNUAL REPORT The Allegany County Mutual Self-Insurance Plan is the Workers’ Compensation insurance carrier for all County, Town, Village, Private Industry Council, and Soil & Water Conservation District employees. In addition, all active Allegany County Volunteer Firefighters and Volunteer Ambulance Corps workers are covered. Approximately 2,700 people are insured by the Plan. COMPARISON OF LOST TIME COMPENSATION CLAIMS 2008 2007 INCREASE (DECREASE) Town 3 4 (1) Village 2 1 1 County 1 3 (2) Volunteer Firefighter 7 1 6 Volunteer Ambulance 0 5 (5) TOTAL 13 14 (1) Seven of our thirteen lost time claims this year occurred in volunteerism, our most dangerous area for losses in the previous two years. Our total claims decreased to 117 from the 150 of last year. COMPARISON OF PHYSICALS TAKEN 2008 Pre-employment 141 Firefighter & Ambulance 104 TOTAL 245 2007 163 95 258 INCREASE (DECREASE) (22) 9 (13) All employees including part-time, temporary seasonal, summer help, and Job Trak must have a post-offer physical. In addition, all Volunteer Firefighter and Ambulance Corps members are required under the Local Law to have a physical before acting in the line of duty. Our office maintains all physical records by department, organization, and individual on a permanent basis. COMPARISON OF HEARING RESULTS 2008 Continued 20 Closed 17 TOTAL 37 2007 23 12 35 INCREASE (DECREASE) (3) 5 2 Our Plan’s hearings are typically held in Hornell, Olean, Buffalo, and Rochester, but can be requested by the claimant at any state-wide site. Continued increased Administrative (paper) and Pre-Hearing Conference Decisions, thereby closing cases before formal hearings, have favorably reduced the number of hearings conducted from the 2005 levels and improved the timeliness of decisions. Sadly, the Olean site is being closed in 2009 thereby leaving us with only Hornell close by in the Southern Tier. Individual safety awards were presented at luncheons for the Villages, Towns, and County Public Works Department employees. This marked the twelfth year of departmental safety awards to Volunteer Fire Companies and Ambulance Corps for 100 percent physical compliance and no lost time claims. Eight organizations were recognized at the July County Fire Convention in Wellsville. Respectfully submitted, Douglas A. Dillon, Executive Secretary 292 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS YOUTH BUREAU 2008 ANNUAL REPORT During 2008, the Office of Children and Family Services allocated $116,727 to Allegany County for youth programs. Of this money, $27,752 supported seven Special Delinquency Prevention Programs; $32,607 was granted to 23 Municipalities including Allegany County for the operation of Recreation Programs; $16,601 was used to offset administrative costs of running the Youth Bureau; $28,408 was allocated to ten Youth Service Programs directed toward Youth Development; and $11,359 was used to fund five County Programs using Youth Initiative monies. In mid-2008, due to the State financial crisis, the Bureau’s original budget of $124,145 was cut by 8 percent after contracts were already in place. The Bureau has worked to find additional sources of funding for our contract agencies. The Youth Bureau continues to actively collaborate with governmental, civic, and not-forprofit agencies throughout Allegany County in order to meet the needs of all County youth. For example, as a member of the Partners for Prevention in Allegany County (PPAC), this agency continues to work with others to address identified gaps in services for our County youth and families. In late 2008, the Youth Bureau joined CORE (Creating Opportunities for Rural Education) whose goal is to “facilitate cooperative County-wide response to low literacy, access to education services, and lack of workplace skills.” The Bureau continues to work with other agencies to provide assistance to troubled youth so that they may successfully remain in the community. Specifically, funding for these “high risk” youth is granted to programs such as STEP & 1st STEP (adventure based/experiential programs), the Summer Youth Employment Program, the Southern Tier Traveling Teacher, Youth Compeer, and the Youth Court. Through these programs, targeted youth are given jobs, mentored, learn life skills, earn their GEDs, and are held responsible for their actions while earning a second chance to follow a law-abiding life. In 2008, the Youth Bureau continued its outreach to area schools to find ways to better serve our youth. The Bureau has been privileged to partner with the Allegany-Cattaraugus BOCES, Houghton College’s Upward Bound Program, SUNY Alfred, and Alfred University to offer Internships to their students. Collaborations with Alfred University are underway for a youth mentoring program and a data collection project. The Youth Bureau continues to work closely with the various towns and villages which administer youth recreation programs. These contacts are valuable for monitoring and evaluation purposes, and also for networking and sharing information between and among youth organizations. The Allegany County Youth Bureau is committed to encouraging the development of innovative youth programs which are based upon the principles of Youth Development. The Youth Bureau wishes to extend thanks to the members of the Youth Board, the Public Safety Committee, and the Board of Legislators for their continued support and assistance. Deborah Aumick, Director 293 2008 ANNUAL REPORTS COUNTY TREASURER 2008 ANNUAL REPORT Pursuant to Resolution No. 123-85 of the Board of Legislators and requirements of the Governmental Accounting Standards Board (GASB) Statement 34, the following titled portions of each Allegany County Treasurer’s annual report shall be the only portions printed in the annual printed volume of the “Proceedings of the Board of Legislators of Allegany County, New York,” to wit: a. b. c. d. e. f. g. h. Management’s Discussion and Analysis Statement of Net Assets Statement of Activities Balance Sheet, Governmental Funds Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Assets Statement of Revenues, Expenditures, and Changes in Fund Balances, Governmental Funds Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Notes to Financial Statements Each annual report of the Allegany County Treasurer, in its entirety, is on file in the Office of the Clerk of the Board of Legislators. Respectfully submitted, Terri L. Ross, County Treasurer 294 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS (Pages 294-325 included the Treasurer’s Annual Audit Report in the printed “hard copy” version of this Journal of Proceedings. The same information can be found on the electronic or CD version in a separate file [Adobe format], pages 2-19 and 26-39.) 295 2008 ANNUAL REPORTS 296 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 297 2008 ANNUAL REPORTS 298 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 299 2008 ANNUAL REPORTS 300 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 301 2008 ANNUAL REPORTS 302 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 303 2008 ANNUAL REPORTS 304 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 305 2008 ANNUAL REPORTS 306 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 307 2008 ANNUAL REPORTS 308 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 309 2008 ANNUAL REPORTS 310 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 311 2008 ANNUAL REPORTS 312 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 313 2008 ANNUAL REPORTS 314 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 315 2008 ANNUAL REPORTS 316 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 317 2008 ANNUAL REPORTS 318 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 319 2008 ANNUAL REPORTS 320 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 321 2008 ANNUAL REPORTS 322 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 323 2008 ANNUAL REPORTS 324 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 325 2008 ANNUAL REPORTS 326 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS MORTGAGE TAX APPORTIONMENT TABLE Pursuant to the authority conferred by the Tax Law of the State of New York, the Board of Legislators of Allegany County, New York, ordered and directed the County Treasurer that there be paid to the proper officers of the several tax districts entitled thereto, the mortgage tax moneys held by her and belonging to the several towns and villages of the County for the period October 1, 2007 through March 31, 2008. TOWN AMOUNT OF TAX Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar 7,899.02 2,465.40 2,055.38 8,199.35 7,072.10 4,298.94 3,367.96 6,727.88 268.05 10,259.82 Burns Caneadea Centerville Clarksville Cuba Friendship Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt Resolution No. 104-08 Dated: June 9, 2008 PAYABLE PAYABLE TO TOWN TO VILLAGE 6,333.30 2,465.40 2,055.38 7,536.98 5,913.51 3,505.51 2,762.00 6,727.88 268.05 8,068.43 2,634.04 2,278.21 13,962.14 13,962.14 1,387.13 1,387.13 5,248.96 5,248.96 18,479.81 15,459.56 2,900.23 2,900.23 6,628.74 6,628.74 1,163.23 1,163.23 3,211.18 3,211.18 25,916.28 25,916.28 3,817.25 3,817.25 2,461.53 2,461.53 10,574.23 10,574.23 3,561.44 3,561.44 1,380.05 1,380.05 25,926.67 18,829.39 5,913.20 5,913.20 3,862.37 3,862.37 2,843.67 2,638.72 ----------------- ---------------194,486.05 176,830.28 NAME OF VILLAGE 1,565.72 Alfred 662.37 1,158.59 793.43 605.96 Almond Belmont Andover Angelica 2,037.50 153.89 355.83 (Bolivar) (Richburg) Canaseraga 3,020.25 Cuba 7,097.28 Wellsville 204.95 ---------------17,655.77 Richburg Brenda Rigby Riehle, Clerk of the Board Allegany County Board of Legislators 327 TABLES, CHARTS, FINANCIAL INFORMATION MORTGAGE TAX APPORTIONMENT TABLE Pursuant to the authority conferred by the Tax Law of the State of New York, the Board of Legislators of Allegany County, New York, ordered and directed the County Treasurer that there be paid to the proper officers of the several tax districts entitled thereto, the mortgage tax moneys held by her and belonging to the several towns and villages of the County for the period April 1, 2008 through September 30, 2008. TOWN AMOUNT OF TAX PAYABLE TO TOWN PAYABLE TO VILLAGE NAME OF VILLAGE Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar 5,433.58 3,473.50 3,347.30 8,903.14 7,322.50 5,835.82 6,122.56 3,350.63 2,318.68 10,101.17 4,356.56 3,473.50 3,347.30 8,183.92 6,122.88 4,758.73 5,021.00 3,350.63 2,318.68 7,943.65 1,077.02 Alfred 719.22 1,199.62 1,077.09 1,101.56 Almond Belmont Andover Angelica 4,387.31 5,209.61 2,455.73 4,036.49 10,690.21 3,294.21 7,973.38 1,632.57 1,609.80 3,974.88 4,334.90 1,820.31 7,638.66 5,935.25 1,740.22 21,760.59 2,457.45 3,832.97 5,101.35 --------------156,094.77 3,794.63 5,209.61 2,455.73 4,036.49 8,943.05 3,294.21 7,973.38 1,632.57 1,609.80 3,974.88 4,334.90 1,820.31 7,638.66 5,935.25 1,740.22 15,803.75 2,457.45 3,832.97 4,733.68 --------------140,098.39 2,006.00 151.52 592.68 (Bolivar) (Richburg) Canaseraga 1,747.16 Cuba 5,956.84 Wellsville 367.67 ---------------15,996.38 Richburg Burns Caneadea Centerville Clarksville Cuba Friendship Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt Resolution No. 196-08 Dated: November 10, 2008 Brenda Rigby Riehle, Clerk of the Board Allegany County Board of Legislators 328 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 2009 BUDGET FOR ALLEGANY COUNTY MUTUAL SELF-INSURANCE PLAN (WORKERS’ COMPENSATION) Pursuant to the provisions of Section 67, Subd. 1 of the Workers’ Compensation Law of the State of New York and to Allegany County Local Law No. 3 of 2002, as amended, establishing and continuing a Mutual Self-Insurance Plan, we hereby submit the following estimate of the amounts necessary for the operation of the Plan for the calendar year of 2009. S1710.100 S1710.101 S1710.102 S1710.105 S1710.106 S1710.107 PERSONAL SERVICES Regular Holiday Vacation Sick Personal S1710.400 S1710.401 S1710.402 S1710.406 S1710.407 S1710.411 S1710.416 S1710.419 S1710.432 CONTRACTUAL EXPENSE Postage/UPS Administrative Mileage/Exp. Employers’ Excess. Liab. Office Supplies Dues, Books, Fees, Bonds State Assessments Medical Evaluations Attorney Fees Physical Exams Equipment Repair Telephone Copying & Printing Safety Program S1710.801 S1710.802 S1710.803 S1710.804 S1710.805 S1710.806 EMPLOYEE BENEFITS Retirement FICA Workers’ Compensation Disability Hosp./Med. S1720.406 66,130 3,445 4,745 1,440 615 $ 1,900 1,800 65,000 700 500 55,000 22,000 65,000 9,500 400 900 300 9,800 $ 232,800 7,230 5,845 1,565 240 24,125 $ 39,005 CLAIMANT INDEMNITY $ 250,000 $ 250,000 S1720.409 FEES (ATTORNEY) $ $ S1720.430 CLAIMANT MEDICAL $ 145,000 $ 145,000 S1720.431 CLAIMANT MILEAGE/MED. $ $ S1710.409 $ $ $ 3,500 5,500 TOTAL 2009 BUDGET S510 REVENUE Apportionment by Assessment Apportionment by Experience Apportionment by Payroll Interest on Reserves Prior Year Expense Recoveries Private Industry Council TOTAL 2009 REVENUE 76,375 3,500 5,500 $752,180 $ 7,127 142,536 563,017 500 36,000 3,000 $ 752,180 $752,180 329 TABLES, CHARTS, FINANCIAL INFORMATION ALLEGANY COUNTY MUTUAL SELF-INSURANCE PLAN (WORKERS’ COMPENSATION) 2009 BUDGETED PARTICIPANT ASSESSMENTS We, the duly appointed Personnel Committee of the Allegany County Board of Legislators, do hereby certify that, pursuant to Local Law No. 3 of 2002, as amended, and Sections 66 and 67 of the Workers’ Compensation Law, the amounts set forth below constitute the share due from each of the participants of the Allegany County Mutual Self-Insurance Plan as provided by budget for its operation during the calendar year 2009. ALLEGANY COUNTY: $ 341,040 TOWN OF: Alfred Allen Alma Almond Amity Andover Angelica Belfast Birdsall Bolivar Burns Caneadea Centerville Clarksville Cuba Friendship Genesee Granger Grove Hume Independence New Hudson Rushford Scio Ward Wellsville West Almond Willing Wirt VILLAGE OF: $ 7,792 3,647 6,825 8,019 10,277 10,320 7,698 7,463 16,293 15,532 7,397 12,836 5,969 8,770 24,837 16,959 9,076 5,938 6,797 12,469 10,383 6,886 10,342 13,580 4,704 18,469 4,634 6,877 6,567 $ 287,356 Alfred Almond Andover Angelica Belmont Bolivar Canaseraga Cuba Richburg Wellsville $ 10,486 96 3,626 5,381 6,153 5,534 1,862 10,166 1,028 39,952 $ 84,284 ALLEGANY COUNTY MUTUAL SELF-INSURANCE PLAN Douglas A. Dillon, Executive Secretary PERSONNEL COMMITTEE OF THE ALLEGANY COUNTY BOARD OF LEGISLATORS APPROVED BUDGET AND APPORTIONMENT ON JULY 9, 2008 William M. Hall, Chairman David T. Pullen, Esq. Glenn R. Benson Daniel Russo Douglas D. Burdick Norman G. Ungermann, Jr. Dwight R. Fanton 330 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS LEGISLATORS COMPENSATION TABLE FOR 2008 COMMITTEE WORK LEGISLATORS BENSON, Glenn R. BURDICK, Douglas D. CRANDALL, Curt DIBBLE, William G. FANTON, Dwight R. HALL, William M. HOPKINS, Theodore L. KRUGER, Karl D. McCORMICK, Michael J. O'GRADY, Timothy J. PULLEN Esq., David T. REYNOLDS, Brent L. RUSSO, Daniel TRUAX, Ronald B. UNGERMANN Jr., Norman G. # MTGS MILES 58 69 287 233 141 103 173 148 81 74 160 128 103 43 103 2,168 1,126 3,292 4,025 2,019 1,740 3,271 719 1,386 984 3,909 2,250 1,102 540 966 OTHER MILEAGE EXPENSES 1,152.29 612.31 1,781.17 2,179.03 1,062.81 944.14 1,748.29 382.78 753.69 535.88 2,121.59 1,196.28 589.18 295.11 530.87 110.00 0.00 0.00 119.00 0.00 0.00 0.00 0.00 0.00 0.00 46.00 0.00 0.00 0.00 0.00 REGULAR/SPECIAL SESSIONS ATTENDED TOTAL MILEAGE & # MTGS MILES MILEAGE EXPENSES 23 25 25 25 23 25 25 24 25 22 24 25 25 21 25 1,150 800 475 1,500 736 750 1,125 0 1,050 535 1050 750 600 680 900 624.75 434.72 258.24 815.10 399.84 407.55 611.45 0.00 570.57 291.07 569.64 407.55 326.04 367.88 489.06 1,887.04 1,047.03 2,039.41 3,113.13 1,462.65 1,351.69 2,359.74 382.78 1,324.26 826.95 2,737.23 1,603.83 915.22 662.99 1,019.93 SALARY GRAND TOTAL 8,500.00 8,500.00 17,000.00 8,500.00 8,500.00 8,500.00 8,500.00 8,500.00 8,800.00 8,500.00 8,500.00 8,800.00 8,500.00 8,500.00 8,500.00 10,387.04 9,547.03 19,039.41 11,613.13 9,962.65 9,851.69 10,859.74 8,882.78 10,124.26 9,326.95 11,237.23 10,403.83 9,415.22 9,162.99 9,519.93 I hereby certify that the Board of Legislators of Allegany County was in session 25 days for the period commencing January 1, 2008 and ending December 31, 2008. The above constitutes a complete statement of all compensation paid and expenses reimbursed to each member during said period. The above compensation for Curtis W. Crandall Includes $8,500 as Chairman of the Board, compensation for Brent L. Reynolds includes $300 as Majority Leader, and compensation for Michael J. McCormick includes $300 as Minority Leader, pursuant to Resolution No. 242-07 adopted December 10, 2007. Brenda Rigby Riehle, Clerk of the Board Allegany County Board of Legislators 331 TABLES, CHARTS, FINANCIAL INFORMATION SPECIAL DISTRICT VALUATIONS 2009 WATER Belfast Caneadea Houghton Water Cuba WD481 WD483 WD484 Hume Independence WD601 Scio WD661 WD664 W. Cons. Wellsville Sinclair Riverside East State Street Bolivar Road George Street West 16,447,221 70,159,280 154,900 3,000,000 16,250,000 13,306,373 5,396,600 566,500 17,884,221 4,383,500 4,185,300 308,480 7,246,269 416,358 5,635,182 HYDRANT Alfred 7,445,201 SIDEWALK Friendship Hume 14,545,750 13,074,573 REFUSE Friendship 12,706,152 LIGHT Alma Belfast Caneadea Oramel Houghton Friendship Grove Swain Hume LD581 LD582 LD583 Independence New Hudson Rushford Scio Wellsville Hillcrest SEWER Caneadea Houghton Cuba SD481 SD482 SD483 Hume Wellsville Sinclair Bolivar Road State St. Airport Airway Sewer Dist. Highland LAKE DISTRICT Caneadea Cuba Rushford 1,799,530 15,451,721 3,124,523 1,551,043 20,824,214 13,882,050 36,000 3,494,709 2,593,100 13,074,573 5,941,336 2,239,932 6,181,908 13,894,325 1,996,500 65,233,062 249,200 154,900 3,000,000 13,268,473 4,366,400 7,246,269 308,480 2,847,775 653,100 350,000 12,401,100 20,348,922 54,545,200 FIRE Belfast Bolivar 1 Bolivar 2 Caneadea Centerville Clarksville Friendship Grove District 1 Grove District 2 Richburg-Wirt Rushford Scio District 1 Scio District 2 FIRE PROTECTION Alfred Allen Alma Almond Amity Andover Angelica Birdsall Burns Cuba Genesee Fire District 1 Fire District 2 Granger Hume Independence New Hudson Ward Wellsville West Almond Willing 47,325,006 52,974,926 1,600,171 76,220,808 33,024,047 32,007,751 42,167,127 20,312,546 13,717,179 44,242,131 95,487,681 14,802,891 29,025,102 58,530,467 28,355,418 29,246,166 56,228,920 34,242,595 32,792,062 36,950,378 25,415,659 29,581,988 74,699,273 27,712,253 30,449,661 24,163,741 93,872,598 39,542,373 28,309,738 23,750,495 103,618,812 25,167,662 77,995,899 332 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 2009 EQUALIZATION AND APPORTIONMENT TABLE Town ALFRED ALLEN ALMA ALMOND AMITY ANDOVER ANGELICA BELFAST BIRDSALL BOLIVAR BURNS CANEADEA CENTERVILLE CLARKSVILLE CUBA FRIENDSHIP GENESEE GRANGER GROVE HUME INDEPENDENCE NEW HUDSON RUSHFORD SCIO WARD WELLSVILLE WEST ALMOND WILLING WIRT TOTALS County Eq. Rate Est. Rev. to be Raised Total Assessed Value Total Exempt Value Total Taxable Value Used for Tax Rate Taxable Value Used for Apportionment Inc. Vets & Clergy Exempt 456,569,679 28,751,918 30,377,823 98,861,028 88,883,938 60,737,542 68,651,358 55,062,206 26,841,159 62,715,578 45,710,654 142,649,567 33,553,647 33,832,651 162,506,328 49,084,227 61,484,534 25,312,441 34,611,620 101,836,498 51,621,256 30,843,518 113,724,081 49,988,293 24,302,485 296,762,605 26,463,619 79,837,196 47,608,781 361,459,757 1,666,378 1,794,072 42,291,472 44,293,158 8,537,698 15,890,290 9,430,783 9,774,646 10,260,042 9,463,228 70,669,406 6,954,602 2,873,706 52,508,012 9,126,943 3,925,361 3,050,941 1,809,411 46,852,103 6,929,407 6,101,941 24,264,711 7,591,343 6,282,018 85,328,146 8,366,541 4,090,409 4,672,494 95,109,922 27,085,540 28,583,751 56,569,556 48,459,948 52,199,844 52,761,068 45,631,423 17,066,513 52,455,536 36,247,426 71,980,161 26,599,045 30,958,945 109,998,316 39,957,284 57,559,173 22,261,500 32,802,209 54,984,395 44,691,849 24,741,577 89,459,370 42,396,950 18,020,467 211,434,459 18,097,078 75,746,787 42,936,287 95,607,572 27,294,638 29,051,556 57,273,652 49,165,999 53,083,091 53,585,547 46,190,807 17,159,953 53,566,167 36,765,276 72,629,186 26,816,015 31,459,656 110,439,192 40,562,214 58,425,310 22,502,299 32,997,525 55,807,771 45,014,903 25,072,740 90,246,345 43,160,738 18,251,452 215,430,823 18,288,502 76,554,246 43,628,528 2389186230 866259019 1526796379 1546031703 91.781134% $25,381,144 Equal Rate Equalized True Value for Apportionment 100.00% 95.00% 95.00% 94.21% 73.00% 100.00% 100.00% 89.18% 100.00% 92.00% 100.00% 100.00% 100.00% 73.00% 78.00% 77.00% 100.00% 89.00% 100.00% 96.00% 84.00% 91.00% 95.00% 76.00% 100.00% 95.00% 87.00% 100.00% 100.00% Full Value Tax Rate County Taxable Value Tax Rate County Taxable Equalized Value Town % of County Budget Total County Levy by Town 95,607,572 28,731,198 30,580,585 60,793,602 67,350,684 53,083,091 53,585,547 51,795,029 17,159,953 58,224,095 36,765,276 72,629,186 26,816,015 43,095,419 141,588,708 52,678,200 58,425,310 25,283,482 32,997,525 58,133,095 53,589,170 27,552,462 94,996,153 56,790,445 18,251,452 226,769,287 21,021,267 76,554,246 43,628,528 95,109,922 28,511,095 30,088,159 60,046,233 66,383,490 52,199,844 52,761,068 51,167,776 17,066,513 57,016,887 36,247,426 71,980,161 26,599,045 42,409,514 141,023,482 51,892,577 57,559,173 25,012,921 32,802,209 57,275,411 53,204,582 27,188,546 94,167,758 55,785,461 18,020,467 222,562,588 20,801,239 75,746,787 42,936,287 5.67580299% 1.70564544% 1.81543547% 3.60904997% 3.99831523% 3.15131072% 3.18113933% 3.07484413% 1.01871128% 3.45650959% 2.18259348% 4.31167681% 1.59194941% 2.55838637% 8.40550171% 3.12727411% 3.46845487% 1.50096964% 1.95891860% 3.45110733% 3.18135443% 1.63566902% 5.63950569% 3.37140008% 1.08350880% 13.46229981% 1.24794057% 4.54469043% 2.59003470% 1,440,583.73 432,912.32 460,778.29 916,018.17 1,014,818.14 799,838.71 807,409.55 780,430.62 258,560.58 877,301.68 553,967.19 1,094,352.90 404,054.97 649,347.73 2,133,412.49 793,737.95 880,333.53 380,963.27 497,195.95 875,930.52 807,464.15 415,151.51 1,431,371.06 855,699.91 275,006.93 3,416,885.70 316,741.59 1,153,494.42 657,380.44 1684476580 1663566622 100.00% 25381144 15.257065 16.623791 Tax Rate for County Levy 15.146514 15.983153 16.120288 16.192776 20.941379 15.322626 15.303131 17.102921 15.150170 16.724673 15.282939 15.203535 15.190582 20.974479 19.394956 19.864662 15.294409 17.113100 15.157392 15.930529 18.067369 16.779509 16.000236 20.183053 15.260810 16.160496 17.502361 15.228295 15.310603 Vets & Clergy 497650 209098 467805 704096 706051 883247 824479 559384 93440 1110631 517850 649025 216970 500711 1375849 604930 866137 240799 195316 823376 323054 331163 786975 763788 230985 3996364 191424 807459 692241 Town ALFRED ALLEN ALMA ALMOND AMITY ANDOVER ANGELICA BELFAST BIRDSALL BOLIVAR BURNS CANEADEA CENTERVILLE CLARKSVILLE CUBA FRIENDSHIP GENESEE GRANGER GROVE HUME INDEPENDENCE NEW HUDSON RUSHFORD SCIO WARD WELLSVILLE WEST ALMOND WILLING WIRT 333 TABLES, CHARTS, FINANCIAL INFORMATION 2009 TOWN AND COUNTY RATES, AS SPREAD TOWNS ALFRED ALLEN ALMA ALMOND AMITY ANDOVER ANGELICA BELFAST BIRDSALL BOLIVAR BURNS CANEADEA CENTERVILLE CLARKSVILLE CUBA FRIENDSHIP GENESEE GRANGER GROVE HUME INDEPENDENCE NEW HUDSON RUSHFORD SCIO WARD WELLSVILLE WEST ALMOND WILLING WIRT COUNTY RATE 15.146514 15.983153 16.120288 16.192776 20.941379 15.322626 15.303131 17.102921 15.150170 16.724673 15.282939 15.203535 15.190582 20.974479 19.394956 19.864662 15.294409 17.113100 15.157392 15.930529 18.067370 16.779509 16.000236 20.183053 15.260810 16.160496 17.502361 15.228295 15.310603 TOWN AND FORESTLAND RATE 5.496566 7.630548 18.334223 8.650804 11.090999 10.744553 4.446969 12.450850 6.980913 14.248462 8.541941 9.306464 10.851639 13.803577 10.704887 12.630008 8.602785 10.618696 11.217441 10.796384 13.972365 13.883185 7.743176 13.103975 11.961938 8.441737 5.540007 5.582204 13.021273 COUNTY AND TOWN OUTSIDE RATE 20.643079 23.613701 34.454511 24.843580 32.032378 26.067179 19.750101 29.553771 22.131084 30.973135 23.824879 24.509999 26.042221 34.778056 30.099843 32.494670 23.897194 27.731796 26.374833 26.726913 32.039734 30.662694 23.743413 33.287028 27.222748 24.602233 23.042368 20.810499 28.331875 TOWN INSIDE RATE COUNTY AND TOWN INSIDE 3.485405 18.631919 5.532880 6.484312 6.078031 3.303225 21.725657 27.425691 21.400658 18.606357 7.042084 6.788707 23.766757 22.071645 7.333372 26.728328 4.051262 20.211757 9.982369 25.292972 334 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ALLEGANY COUNTY 2009 TAX RATES – TOWN AND COUNTY SPECIAL DISTRICTS TOWNS ALFRED ALLEN ALMA ALMOND AMITY ANDOVER ANGELICA BELFAST BIRDSALL BOLIVAR BURNS CANEADEA CENTERVILLE CLARKSVILLE CUBA FRIENDSHIP GENESEE GRANGER GROVE HUME INDEPENDENCE NEW HUDSON RUSHFORD SCIO WARD WELLSVILLE WEST ALMOND WILLING WIRT BOLIVAR FD381 FD761 HUME LD581HumeLight LD582R&WLight LD583HumeLt II SD581Hume Sew SW581Sidewalk WD581Hume wat FIRE PROTECTION .529639 .463756 1.675433 .444611 1.314153 .876737 .757773 1.100433 .817646 FIRE DISTRICT FIRE #1 FIRE #2 LIGHT DISTRICT WATER DISTRICT HYDRANT DISTRICT .047279 1.111401 .420665 4.123554 .540870 1.356454 .573824 1.937031 .644785 2.164008 1.342366 .968615 .787691 .145803 69.444444 1.611536 1.683123 1.116105 .970574 1.075979 .703533 .889770 1.186069 1.271647 1.031547 1.599350 .357887 1.060136 .359986 .838890 2.058671 RATE 1.949979 2.869693 RATE 1.073051 1.590760 .745722 1.653209 CANEADEA Houghton Light Houghton Water Houghton Sewer Oramel Light Caneadea Light Lake RUSHFORD Lake .142750 RATE .720315 2.252232 .973663 .419073 .832127 3.048117 RATE 3.157015 CUBA Lake SD481 Sewer 1 SD482 Sewer 2 SD483 Sewer 3 WD481 Water 1 WD483 Water 3 WD484 Water 4 SCIO WD661 WD664WCW RATE 2.435510 FRIENDSHIP SW501 LD501 RD501 RATE 2.831342 1.278269 4.875670 .215385 RATE 1.825017 WELLSVILLE SD701 Sinclair Sewer SD702 Bolivar Rd Sewer SD703 State St Sewer WD701 Sinclair Water WD702 Riverside Water WD703 East St Water WD704 Bolivar Rd Wat. WD706 George St Water WD707 West Wlsv. Wat. RATE .435141 .139658 1.491183 .223566 .234153 3.144450 .142418 4.402461 3.498556 335 TABLES, CHARTS, FINANCIAL INFORMATION SALARIES OF TOWN OFFICERS – 2009 TOWN ALFRED ALLEN ALMA ALMOND AMITY ANDOVER ANGELICA BELFAST BIRDSALL BOLIVAR BURNS CANEADEA CENTERVILLE CLARKSVILLE CUBA FRIENDSHIP GENESEE GRANGER GROVE HUME INDEPENDENCE NEW HUDSON RUSHFORD SCIO WARD WELLSVILLE WEST ALMOND WILLING WIRT SUPERVISOR $3,799 $3,500 $3,720 $3,502 $2,000 $5,750 $6,000 $4,300 $3,000 $4,212 $5,750 $3,100 $3,600 $7,000 $12,000 $5,200 $3,500 $4,000 $4,000 $6,725 $4,470 $4,000 $9,500 $6,000 $5,000 $8,500 $1,320 $4,500 $4,500 HIGHWAY SUPER. $41,840 $33,000 $33,540 $44,802 $47,155 $50,360 $46,000 $40,520 $31,295 $38,848 $41,250 $43,070 $31,300 $42,238 $46,295 $43,992 $34,000 $38,000 $41,375 $42,000 $48,500 $31,500 $41,870 $38,370 $36,050 $46,350 $36,700 $43,562 $34,000 a. Salary for Town Clerk and Tax Collector are combined. b. Town contracted out $15,543 for assessment services. c. Town contracted out $10,000 for assessment services. d. Town contracted out $18,381 for assessment services. TOWN CLERK $32,960 $2,500 $9,900 $9,667 $9,800 $9,050 $9,150 $8,893 $3,000 $13,204 $7,700 $13,619 $4,000 $9,200 $12,000 $14,850 $9,200 $3,600 $3,000 $15,940 $10,190 $4,500 $7,210 $6,500 $4,000 $34,196 $2,000 $6,100 $9,964 JUSTICES $6,917 $2,000 $4,440 $8,154 $6,600 $5,400 $7,200 $5,800 $1,500 $4,156 $4,800 $7,160 $1,100 $4,000 *$12,344.74 *$11,000 $5,200 $1,500 $3,100 $9,900 $4,000 $1,500 $4,230 *$7,200 $3,000 $6,473 $1,980 $5,800 $4,750 COUNCILMEN $5,071 $1,564 $4,800 $5,305 $2,000 $4,600 $5,000 $3,400 $2,000 $3,500 $5,600 $4,000 $3,200 $4,250 $7,857 $9,600 $4,000 $2,400 $2,400 $8,000 $3,640 $2,400 $3,500 $4,000 $2,400 $12,800 $1,760 $5,300 $4,800 ASSESSORS $11,983 $4,750 c $10,000 $9,790 $11,250 $12,606 $9,200 $6,200 $12,714 $8,600 b $6,250 $7,000 $15,896 $8,700 $9,500 $4,000 $5,400 e $6,200 $12,000 d $5,500 $4,500 $28,910 f $6,200 $9,900 COLLECTORS a $1,000 a a $3,000 $2,750 a $1,100 $800 a a a $1,000 a a a a $550 $1,250 $2,370 $1,508 $2,200 a $1,600 $1,400 $3,090 $880 $1,650 a e. Town contracted out $26,114 for assessment services. f. Town contracted out $11,190 for assessment services. *Indicates salary for two town justices. 336 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS SUMMARY OF THE TOWN BUDGETS FOR THE YEAR 2009 Expenditures Estimated Revenues Unexpended Balance Amount to be Raised by Tax $20,515 $8,905 $20,116 ($277) $0 $0 $49,259 $135,287 $7,237 $187,396 $109,335 $31,000 $352 $470,607 $0 $0 $0 $0 $98,706 $109,345 $13,150 $221,201 $10,000 $10,000 $0 $0 $20,000 $161,614 $357,484 $49,000 $2,000 $570,098 $4,000 $0 $3,000 $3,000 $0 $10,000 $146,456 $6,241 $204,864 $169,287 $25,000 $551,848 $20,000 $0 $0 $0 $0 $20,000 $147,480 -$1,200 $155,750 $153,500 $45,000 $500,530 $0 $0 $20,000 $28,000 $0 $48,000 $141,037 $17,316 $168,686 $139,957 $28,750 $495,746 ALFRED General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire Protection Hydrant Total $209,852 $41,292 $218,312 $169,108 $31,000 $352 $669,916 $54,050 $25,150 $10,800 $60,050 $0 $0 $150,050 ALLEN General Fund Highway – Townwide Fire Protection Total $108,803 $218,734 $13,150 $340,687 $10,097 $109,389 $0 $119,486 ALMA General Fund Highway – Townwide Fire Protection Light District Total $186,914 $479,254 $49,000 $2,000 $717,168 $15,300 $111,770 $0 $0 $127,070 ALMOND General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire Protection Total $192,211 $8,541 $280,364 $264,571 $25,000 $770,687 $41,755 $2,300 $72,500 $92,284 $0 $208,839 AMITY General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire District Total $259,830 $650 $180,850 $208,700 $45,000 $695,030 $92350 $1,850 $25,100 $55,200 $0 $174,500 ANDOVER General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire District Total $172,187 $20,126 $264,323 $218,117 $28,750 $703,503 $31,150 $2,810 $75,637 $50,160 $0 $159,757 337 TABLES, CHARTS, FINANCIAL INFORMATION Expenditures Estimated Revenues Unexpended Balance Amount to be Raised by Tax $33,000 $0 $15,000 $85,000 $0 $133,000 $87,532 $1,272 $82,661 $38,861 $28,000 $238,326 $30,000 $5,000 $5,000 $0 $0 $40,000 $236,234 $342,850 $67,821 $52,078 $6,500 $705,483 $9,000 $27,000 $0 $36,000 $78,059 $79,680 $20,781 $178,520 $15,000 $0 $0 $0 $0 $0 $15,000 $152,344 $18,283 $202,792 $201,153 $4,592 $103,300 $682,464 $38,500 $0 $96,000 $0 $0 $134,500 $129,125 $6,550 $116,150 $42,060 $16,000 $309,885 ANGELICA General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire District Total $357,567 $7,673 $369,555 $293,104 $33,600 $1,061,499 $237,035 $6,401 $271,894 $169,243 $5,600 $690,173 BELFAST General Fund Highway – Townwide Water District Fire District Light District Total $306,424 $504,250 $239,021 $55,153 $6,500 $1,111,348 $40,190 $156,400 $166,200 $3,075 $0 $365,865 BIRDSALL General Fund Highway – Townwide Fire Protection Total $92,435 $168,280 $20,781 $281,496 $5,376 $61,600 $0 $66,976 BOLIVAR General Fund General Outside Village Highway – Townwide Highway – Outside Village Richburg-Wirt Fire District Bolivar Joint Fire District Total $219,344 $20,233 $227,080 $255,153 $4,592 $103,300 $829,702 $52,000 $1,950 $24,288 $54,000 $0 $0 $132,238 BURNS General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire Protection Total $198,770 $10,200 $318,150 $100,060 $16,000 $643,180 $31,145 $3,650 $106,000 $58,000 $0 $198,795 338 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Expenditures Estimated Revenues Unexpended Balance Amount to be Raised by Tax $27,000 $150,000 $82,000 $62,000 $0 $0 $0 $0 $0 $321,000 $207,749 $466,780 $158,015 $63,515 $2,600 $15,000 $650 $37,800 $103,390 $1,055,499 $0 $0 $0 $0 $137,100 $193,046 $18,950 $349,096 $18,900 $65,500 $0 $84,400 $15,000 $0 $0 $15,000 $137,403 $282,650 $62,000 $482,053 $203,025 $9,000 $93,135 $83,000 $0 $0 $0 $0 $0 $0 $388,160 $62,908.17 $10,725.74 $31,541.96 $36,447.51 $0.00 $2,327.99 $1,200.32 $1,199.96 $.47 $0.00 $146,352.00 $596,372 $0 $181,977 $250,436 $48,165 $0 $0 $0 $3,500 $49,560 $1,130,010 $100,000 $30,000 $0 $0 $0 $0 $0 $0 $130,000 $259,432 $239,837 $91,250 $17,745 $41,184 $61,951 $0 $0 $711,399 CANEADEA General Fund Highway – Townwide Houghton Water District Houghton Sewer District Caneadea Light District Houghton Light District Oramel Light District Rushford Lake District Caneadea Fire District Total $289,499 $712,175 $274,015 $263,515 $2,600 $15,000 $650 $37,800 $103,390 $1,698,644 $54,750 $95,395 $34,000 $138,000 $0 $0 $0 $0 $0 $322,145 CENTERVILLE General Fund Highway – Townwide Fire District Total $148,300 $301,796 $18,950 $469,046 $11,200 $108,750 $0 $119,950 CLARKSVILLE General Fund Highway – Townwide Fire Protection Total $171,303 $348,150 $62,000 $581,453 CUBA General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire District Sewer District #1 (Echo Ln) Sewer District #3 (Acme) Water District #3 (Acme) Water District #4 (School) Cuba Lake District Total $862,306 $16,263 $306,654 $369,884 $48,165 $0 $0 $0 $3,500 $49,560 $1,656,332 FRIENDSHIP General Fund Highway – Townwide Fire Protection District Street Lighting District Sidewalks Fund Refuse & Garbage District Sewer District Water District Total $531,356 $393,827 $91,250 $18,000 $41,634 $138,016 $186,047 $175,396 $1,575,526 $171,924 $123,990 $0 $255 $450 $76,065 $186,047 $175,396 $734,127 339 TABLES, CHARTS, FINANCIAL INFORMATION Expenditures Estimated Revenues Unexpended Balance Amount to be Raised by Tax $10,000 $10,000 $0 $0 $20,000 $120,436 $362,735 $37,200 $29,494 $549,865 $16,850 $110,500 $0 $127,350 $5,000 $10,000 $0 $15,000 $82,100 $156,000 $17,000 $255,100 $14,126 $146,500 $0 $0 $0 $160,626 $0 $5,000 $0 $0 $400 $5,400 $117,642 $248,893 $2,500 $16,000 $2,000 $387,035 $135,090 $187,850 $0 $125 $125 $250 $300 $121,725 $147,975 $593,440 $74,342 $36,520 $0 $0 $0 $0 $6,765 $9,825 $23,660 $151,112 $185,500 $398,500 $83,525 $3,750 $4,125 $9,750 $21,615 $0 $0 $706,765 $5,000 $15,000 $0 $0 $6,920 $26,920 $197,514 $412,796 $46,900 $10,000 $0 $667,210 $5,347 $0 $0 $0 $5,347 $105,593 $260,384 $2,500 $36,000 $404,477 GENESEE General Fund Highway – Townwide Fire District #1 – Bolivar Fire District #2 – Portville Total $194,916 $446,485 $37,200 $29,494 $708,095 $64,480 $73,750 $0 $0 $138,230 GRANGER General Fund Highway – Townwide Fire Protection Total $103,950 $276,500 $17,000 $397,450 GROVE General Fund Highway – Townwide Swain Lighting District Canaseraga Fire District #1 Nunda Fire District #2 Total $131,768 $400,393 $2,500 $16,000 $2,400 $553,061 HUME General Fund Highway – Townwide Fire Protection Hume Light #1 Hume Light #2 Hume Light #3 Hume Sidewalk District Hume Sewer District Consolidated Water District Total $394,932 $622,870 $83,525 $3,875 $4,250 $10,000 $28,680 $131,550 $171,635 $1,451,317 INDEPENDENCE General Fund Highway – Townwide Fire Street Light Water District Total $220,489 $728,296 $46,900 $10,000 $37,820 $1,043,505 $17,975 $300,500 $0 $0 $30,900 $349,375 NEW HUDSON General Fund Highway – Townwide Light District 1 Fire District 1 Total $125,790 $364,084 $2,500 $36,000 $528,374 $14,850 $103,700 $0 $0 $118,550 340 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Expenditures Estimated Revenues Unexpended Balance Amount to be Raised by Tax $217,922 $128,400 $0 $0 $0 $346,322 $10,000 $58,000 $0 $0 $0 $68,000 $283,091 $408,979 $6,000 $172,200 $98,500 $968,770 $52,555 $129,650 $125,718 $50 $0 $0 $307,973 $0 $0 $0 $0 $0 $0 $0 $200,264 $339,630 $32,639 $14,950 $23,675 $46,775 $657,933 $11,540 $56,390 $0 $67,930 $0 $0 $0 $0 $99,958 $170,544 $8,500 $279,002 $100,000.00 $30,000.00 $0.00 $20,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $150,000.00 $538,879.17 $98,088.39 $291,300.05 $328,392.32 $0.00 $109,850.00 $285.00 $460.00 $1,900.00 $1,012.00 $0.00 $980.00 $980.00 $970.00 $1,032.00 $1,833.00 $19,715.00 $0.00 $0.00 $1,395,676.93 RUSHFORD General Fund Highway – Townwide Lighting District Rushford Lake Rec. District Rushford Fire District Total $511,013 $595,379 $6,000 $172,200 $98,500 $1,383,092 SCIO General Fund Highway – Townwide Consolidated Water Dist. Light District #1 Fire District #1 Fire District #2 Total $252,819 $469,280 $158,357 $15,000 $23,675 $46,775 $965,906 WARD General Fund Highway – Townwide Fire Protection Total $111,498 $226,934 $8,500 $346,932 WELLSVILLE General Fund - Townwide General Outside Village Highway – Townwide Highway – Outside Village Enterprise Fund – Airport Fire Protection Hillcrest Lighting District E. State St. Sewer District Sinclair Sewer District Bolivar Rd. Sewer District Airport Sewer District Sinclair Water District Riverside Water District East State Water District Bolivar Rd. Water District George St. Water District West Wellsville Water Dist Airway Sntary. Sewer Dst. Phillips Creek Water Dist. Total $1,046,559.17 $180,046.39 $494,800.05 $571,392.32 $83,051.00 $109,850.00 $285.00 $500.00 $2,000.00 $1,062.00 $21,825.00 $1,000.00 $1,000.00 $1,000.00 $1,057.00 $1,843.00 $19,750.00 $0.00 $0.00 $2,537,020.93 $407,680.00 $51,958.00 $203,500.00 $223,000.00 $83,051.00 $0.00 $0.00 $40.00 $100.00 $50.00 $21,825.00 $20.00 $20.00 $30.00 $25.00 $10.00 $35.00 $0.00 $0.00 $991,344.00 341 TABLES, CHARTS, FINANCIAL INFORMATION Expenditures Estimated Revenues Unexpended Balance Amount to be Raised by Tax $9,740 $103,840 $0 $113,580 $105,200 $27,860 $9,060 $142,120 $59,998 $97,822 $0 $157,820 $30,000 $35,000 $0 $65,000 $182,391 $233,288 $65,430 $481,109 $20,325.00 $4,035.00 $66,450.00 $84,150.00 $0.00 $174,960.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $164,023.56 $337.95 $255,819.93 $112,376.50 $91,080.00 $623,637.94 WEST ALMOND General Fund Highway – Townwide Fire Protection Total $124,940 $263,700 $9,060 $397,700 $10,000 $132,000 $0 $142,000 WILLING General Fund Highway – Townwide Fire Department Total $272,389 $366,110 $65,430 $703,929 WIRT General Fund General Outside Village Highway – Townwide Highway – Outside Village Fire Protection Townwide Total $184,348.56 $4,372.95 $322,269.93 $196,526.50 $91,080.00 $798,597.94 342 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Tentative Budget – September 30, 2008 Final Budget – November 24, 2008 ALLEGANY COUNTY BUDGET FOR 2009 John E. Margeson, Budget Officer Terri L. Ross, Deputy Budget Officer Compiled in the Office of Brenda Rigby Riehle, Clerk of the Board of Legislators 343 2009 ALLEGANY COUNTY BUDGET ALLEGANY COUNTY APPROPRIATION AND TAX BUDGET FOR 2009 TABLE OF CONTENTS Page SUMMARY OF BUDGET: Exhibit A - Summary of Budget - By Funds ....................................................................................................................... 344 SCHEDULES SHOWING BUDGET DETAILS: Appropriations Schedule 1-A General Fund ....................................................................................................................... 346 Schedule 1-CD1 W.I.A. Grant Fund ................................................................................................................ 371 Schedule 1-CS Risk Retention Fund ............................................................................................................. 374 Schedule 1-CSH Risk Retention – Health Fund .............................................................................................. 376 Schedule 1-D County Road Fund ............................................................................................................... 377 Schedule 1-DM Road Machinery Fund .......................................................................................................... 379 Schedule 1-H Capital Projects Fund ........................................................................................................... 380 Schedule 1-S Self Insurance Fund ............................................................................................................. 384 Schedule 1-V Debt Service Fund ............................................................................................................... 385 Estimated Revenues Other Than Real Property Taxes Schedule 2-A General Fund ....................................................................................................................... 386 Schedule 2-CD1 W.I.A. Grant Fund ................................................................................................................ 398 Schedule 2-CS Risk Retention Fund ............................................................................................................. 399 Schedule 2-CSH Risk Retention – Health Fund .............................................................................................. 400 Schedule 2-D County Road Fund ............................................................................................................... 401 Schedule 2-DM Road Machinery Fund .......................................................................................................... 402 Schedule 2-H Capital Projects Fund ........................................................................................................... 403 Schedule 2-S Self Insurance Fund ............................................................................................................. 404 Schedule 2-V Debt Service Fund ............................................................................................................... 405 Statement of Special Reserves Schedule 3 All Funds .............................................................................................................................. 406 Statement of Debt Schedule 4 All Funds .............................................................................................................................. 407 Capital Fund Project Schedule 5 Capital Project Fund............................................................................................................. 408 Estimated Fund Balance at 12/31/08 Schedule 6 All Funds .............................................................................................................................. 409 Exemption Impact Report Schedule 7 ............................................................................................................................................ 410 344 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS EXHIBIT APPROPRIATIONS General Government Support Education Public Safety Health Bus Transportation Economic Asst. & Opportunity: Social Services 32,965,870 Economic Development 353,389 Veterans Service 84,929 Consumer Affairs 50,594 Prog. For Aging 1,713,469 Culture & Recreation Home & Community Services Undistributed: Employee Benefits Inter-Fund Transfers: 17,548,242 County Road Fund Road Machinery Fund W.I.A. Grant Fund Capital Fund Debt Service Fund Risk Retention - insurance Risk Retention - medical W.I.A. Grant Fund Transportation (Highway) Capital Projects Fund Debt Service Risk Rentention Health Fund Self Insurance Fund TOTAL APPROPRIATIONS: A - SUMMARY OF 2009 BUDGET - BY FUNDS TOTAL GENERAL FUND 7,398,241 2,797,400 8,796,393 5,663,386 720,000 35,168,251 7,064,741 2,797,400 8,796,393 5,663,386 720,000 35,168,251 457,918 2,018,619 457,918 2,018,619 3,936,815 3,366,465 6,701,195 742,597 67,500 1,136,700 2,944,750 333,500 5,622,000 1,175,451 8,286,585 1,627,200 3,244,750 5,800,000 752,180 -------------105,391,431 6,701,195 742,597 67,500 23,550 2,515,550 333,500 5,622,000 W.I.A. GRANT FUND RISK RETEN. FUND RISK RETEN. HEALTH FUND COUNTY ROAD FUND ROAD CAPITAL MACH. PROJECTS FUND FUND SELF INSUR. FUND DEBT SERVICE FUND 333,500 470,000 100,350 971,650 429,200 141,500 7,295,338 991,247 1,175,451 1,627,200 3,244,750 5,800,000 -------------82,059,065 ------------1,175,451 ----------333,500 ------------5,800,000 ------------- -----------9,166,188 1,233,097 ------------1,627,200 752,180 ----------752,180 ------------3,244,750 345 2009 ALLEGANY COUNTY BUDGET LESS: Estimated Revenues Other Than Real Property Taxes: Other Real Ppty. Tax Items Non-Property Taxes Departmental Income Intergovernmental Charges Use of Money & Property Licenses & Permits Fines & Forfeitures Ppty. Sales & Comp. For Loss Miscellaneous State Aid Federal Aid Inter-Fund Revenues Inter-Fund Transfers TOTAL ESTIMATED REVENUES: APPROPRIATED RESERVE: APPROPRIATED FUND BALANCE: 1,448,000 18,885,000 4,386,947 3,639,190 257,500 0 2,500 1,176,700 468,224 14,815,596 14,144,871 2,503,660 17,548,242 --------------79,276,430 273,857 460,000 --------------80,010,287 BALANCE TO BE RAISED BY REAL PROPERTY TAXES: 25,381,144 (2008 - $24,426,911) AVERAGE COUNTY TAX RATE: 16.623193942 (2008 - 16.409605766) COUNTY TAXABLE ASSESSED VALUE** 1,526,851,223 (2008 - 1,488,573,909) 1,448,000 18,885,000 4,386,947 2,840,460 254,000 0 2,500 1,151,000 429,724 12,732,653 13,119,520 1,019,260 -------------56,269,064 273,857 135,000 -------------56,677,921 25,000 1,000 58,050 2,000 28,000 660,551 394,400 67,500 -----------1,150,451 178,000 333,500 5,622,000 ------------ ------------333,500 5,800,000 20,700 5,000 2,500 1,987,293 0 428,500 483,500 6,701,195 742,597 ------------- ------------9,166,188 1,233,097 25,000 -----------1,175,451 ------------ ------------333,500 5,800,000 ------------- -----------9,166,188 1,233,097 0 increase in levy over 954,233 previous yr. 3.91 % increase in tax levy 715,680 500 36,000 67,650 364,800 1,136,700 ------------1,627,200 ----------752,180 2,944,750 ------------2,944,750 ------------1,627,200 ----------752,180 300,000 ------------3,244,750 increase in tax rate per 0.21 thousand 1.30% increase in tax rate **TENTATIVE taxable assessed value as of 10-01-08 38,277,314 increase in taxable assessed value 346 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 SCHEDULE 1–A APPROPRIATIONS - GENERAL FUND GENERAL GOVERNMENT SUPPORT LEGISLATIVE A1010 Legislative Board A1010.1 Personnel Services A1010.2 Equipment A1010.4 Contractual Expenses Total Legislative Board 137,082 0 27,092 164,174 136,600 0 30,200 166,800 136,600 0 31,850 168,450 136,600 0 31,850 168,450 136,600 0 31,850 168,450 A1011 County Administrator A1011.1 Personnel Services A1011.2 Equipment A1011.4 Contractual Expenses Total County Administrator 123,883 0 62,573 186,456 127,765 200 49,100 177,065 130,754 0 9,500 140,254 128,754 0 9,500 138,254 128,754 0 9,500 138,254 A1040 Clerk, Legislative Board A1040.1 Personnel Services A1040.2 Equipment A1040.4 Contractual Expenses Total Clerk, Legislative Board 148,321 0 12,629 160,950 153,516 2,200 17,836 173,552 161,559 0 18,525 180,084 160,559 0 18,525 179,084 160,559 0 18,525 179,084 511,580 517,417 488,788 485,788 485,788 0 0 400 400 400 400 400 400 400 400 381,208 0 61,620 442,828 407,084 0 62,098 469,182 460,497 0 75,202 535,699 419,497 0 71,202 490,699 419,497 0 71,202 490,699 TOTAL LEGISLATIVE JUDICIAL A1162 Unified Court Cost A1162.4 Contractual Expenses Total Unified Court Cost A1165 District Attorney A1165.1 A1165.2 A1165.4 Personnel Services Equipment Contractual Expenses Total District Attorney 347 2009 ALLEGANY COUNTY BUDGET A1170 Public Defender A1170.1 A1170.2 A1170.4 Personnel Services Equipment Contractual Expenses Total Public Defender A1171 Assigned Counsel A1171.4 Contractual Expenses Total Assigned Counsel A1180 Justices & Constables A1180.4 Contractual Expenses Total Justices & Constables A1185 Medical Examiners & Coroners A1185.1 Personnel Services A1185.4 Contractual Expenses Total Medical Exam. & Coroners A1190 Grand Jury A1190.4 Contractual Expenses Total Grand Jury TOTAL JUDICIAL FINANCE A1320 Auditor A1320.1 A1325 Treasurer A1325.1 A1325.2 A1325.4 Personnel Services Total Auditor Personnel Services Equipment Contractual Expenses ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 157,427 818 18,729 176,974 162,415 800 27,400 190,615 181,959 800 19,512 202,271 181,959 800 19,512 202,271 181,959 800 19,512 202,271 393,528 393,528 316,500 316,500 367,000 367,000 367,000 367,000 367,000 367,000 1,680 1,680 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 12,875 39,317 52,192 13,000 39,450 52,450 15,500 41,600 57,100 15,500 41,600 57,100 15,500 41,600 57,100 6,150 6,150 7,450 7,450 7,450 7,450 7,450 7,450 7,450 7,450 1,073,352 1,039,097 1,172,420 1,127,420 1,127,420 1,100 1,100 1,100 1,100 1,200 1,200 1,200 1,200 1,200 1,200 333,122 0 94,520 336,030 2,500 115,500 401,873 2,500 98,700 400,123 2,500 95,700 400,123 2,500 95,700 348 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Total Treasurer 427,642 454,030 503,073 498,323 498,323 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 3,846 3,846 4,000 4,000 5,000 5,000 5,000 5,000 5,000 5,000 239,155 0 82,407 321,562 242,898 0 82,450 325,348 250,424 0 57,850 308,274 249,424 0 57,850 307,274 249,424 0 57,850 307,274 43,839 43,839 11,000 11,000 12,500 12,500 12,500 12,500 12,500 12,500 797,989 795,478 830,047 824,297 824,297 Personnel Services Equipment Contractual Expenses Total County Clerk 555,538 1,284 121,491 678,313 577,652 1,500 123,700 702,852 595,448 5,000 139,150 739,598 594,198 5,000 139,150 738,348 594,198 5,000 139,150 738,348 Personnel Services Equipment Contractual Expenses Total County Attorney 334,140 114 52,011 386,265 343,348 2,043 65,585 410,976 357,399 5,500 45,128 408,027 347,649 5,000 43,128 395,777 347,649 5,000 43,128 395,777 A1430 Human Resources A1430.1 Personnel Services A1430.2 Equipment A1430.4 Contractual Expenses 177,051 0 16,697 157,695 4,350 17,700 171,714 500 24,700 168,214 500 23,500 168,214 500 23,500 A1340 Budget A1340.1 A1355 Assessments A1355.1 A1355.2 A1355.4 Personnel Services Total Budget Personnel Services Equipment Contractual Expenses Total Assessments A1362 Tax Sale & Redemption A1362.4 Contractual Expenses Total Tax Sale & Redemption TOTAL FINANCE STAFF A1410 County Clerk A1410.1 A1410.2 A1410.4 A1420 County Attorney A1420.1 A1420.2 A1420.4 349 2009 ALLEGANY COUNTY BUDGET Total Human Resources 193,748 179,745 196,914 192,214 192,214 350 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 101,284 13,496 85,121 199,901 119,974 673,500 225,991 1,019,465 120,170 77,000 156,844 354,014 120,170 77,000 156,844 354,014 120,170 77,000 156,844 354,014 280,013 85 14,090 294,188 289,023 250 14,975 304,248 328,599 0 15,975 344,574 328,099 0 15,675 343,774 328,099 0 15,675 343,774 1,752,415 2,617,286 2,043,127 2,024,127 2,024,127 1,100 133,081 134,181 4,000 175,430 179,430 4,000 235,430 239,430 4,000 210,430 214,430 4,000 210,430 214,430 313,134 4,483 376,954 694,571 367,096 2,650 446,961 816,707 364,842 7,100 617,330 989,272 364,842 2,350 500,330 867,522 364,842 2,350 500,330 867,522 A1670 Central Service Copying A1670.4 Contractual Expenses Total Central Service Copying 17,706 17,706 22,000 22,000 22,000 22,000 22,000 22,000 22,000 22,000 A1671 Accounting & Auditing A1671.4 Contractual Expenses 36,000 56,000 56,000 56,000 56,000 A1450 Elections A1450.1 A1450.2 A1450.4 Personnel Services Equipment Contractual Expenses Total Elections A1490 Public Works Administration A1490.1 Personnel Services A1490.2 Equipment A1490.4 Contractual Expenses Total Public Works Administration TOTAL STAFF SHARED SERVICES A1610 Central Service Telephone A1610.2 Equipment A1610.4 Contractual Expenses Total Central Service Telephone A1620 Buildings A1620.1 A1620.2 A1620.4 Personnel Services Equipment Contractual Expenses Total Buildings 351 2009 ALLEGANY COUNTY BUDGET Total Accounting & Auditing 36,000 56,000 56,000 56,000 56,000 352 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS A1672 Central Service U.P.S. A1672.4 Contractual Expenses Total Central Service U.P.S. A1673 Central Service Postage A1673.4 Contractual Expenses Total Central Service Postage A1680 Central Service Computer A1680.1 Personnel Services A1680.2 Equipment A1680.4 Contractual Expenses Total Central Service Computer TOTAL SHARED SERVICES SPECIAL ITEMS A1910 Unallocated Insurance A1910.4 Contractual Expenses Total Unallocated Insurance A1920 Municipal Association Dues A1920.4 Contractual Expenses Total Municipal Association Dues A1930 Judgements A1930.4 Contractual Expenses Total Judgements A1950 Taxes on Municipal Property A1950.4 Contractual Expenses Total Taxes on Municipal Property ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 3,600 3,600 4,300 4,300 4,300 4,300 4,300 4,300 4,300 4,300 14,456 14,456 28,625 28,625 30,750 30,750 30,750 30,750 30,750 30,750 194,453 43,491 45,764 283,708 206,258 20,450 56,400 283,108 240,065 20,450 60,400 320,915 211,192 20,450 58,900 290,542 211,192 20,450 58,900 290,542 1,184,222 1,390,170 1,662,667 1,485,544 1,485,544 353,776 353,776 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 5,143 5,143 5,400 5,400 5,565 5,565 5,565 5,565 5,565 5,565 0 0 500 500 500 500 500 500 500 500 795 795 1,000 1,000 1,500 1,500 1,500 1,500 1,500 1,500 353 2009 ALLEGANY COUNTY BUDGET A1990 Contingent A1990.4 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 0 0 255,821 255,821 500,000 500,000 710,000 710,000 710,000 710,000 359,714 662,721 907,565 1,117,565 1,117,565 5,679,272 7,022,169 7,104,614 7,064,741 7,064,741 761,022 761,022 730,000 730,000 840,000 840,000 840,000 840,000 840,000 840,000 0 1,659,419 1,659,419 400 2,158,000 2,158,400 400 1,957,000 1,957,400 400 1,957,000 1,957,400 400 1,957,000 1,957,400 2,420,441 2,888,400 2,797,400 2,797,400 2,797,400 Contractual Expenses Total Contingent TOTAL SPECIAL ITEMS TOTAL GENERAL GOVERNMENT SUPPORT EDUCATION COMMUNITY COLLEGES A2495 Contribution to Community Colleges A2495.4 Contractual Expenses Total Contrib. to Community Colleges SPECIAL EDUCATION PHC A2960 Special Education PHC A2960.2 Equipment A2960.4 Contractual Expenses Total Special Education PHC TOTAL EDUCATION PUBLIC LAW ENFORCEMENT A3110 Sheriff A3110.1 A3110.2 A3110.4 SAFETY Personnel Services Equipment Contractual Expenses Total Sheriff 808,201 3,146 87,895 899,242 964,006 5,200 93,000 1,062,206 973,562 6,000 155,800 1,135,362 933,562 6,000 155,800 1,095,362 933,562 6,000 155,800 1,095,362 A3111 Sheriff - Drug Program A3111.4 Contractual Expenses 585 3,000 3,000 3,000 3,000 354 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Total Sheriff - Drug Program A3112 E-911 Dispatch A3112.1 A3112.2 A3112.4 A3114 Traffic Program A3114.4 585 3,000 3,000 3,000 3,000 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 Personnel Services Equipment Contractual Expenses Total E-911 Dispatch 328,316 11,928 11,840 352,084 329,850 1,000 18,095 348,945 481,036 22,500 134,462 637,998 481,036 22,500 154,462 657,998 481,036 22,500 154,462 657,998 Contractual Expenses Total Traffic Program 3,061 3,061 1,638 1,638 0 0 0 0 0 0 0 0 20,000 20,000 0 0 0 0 0 0 610,870 1,490 98,233 710,593 681,615 0 157,637 839,252 723,875 0 160,750 884,625 721,875 0 160,750 882,625 721,875 0 160,750 882,625 28,778 0 88,630 32,871 150,279 31,705 1,000 89,820 30,220 152,745 31,671 1,000 87,433 33,753 153,857 31,671 1,000 87,433 33,753 153,857 31,671 1,000 87,433 33,753 153,857 34,991 1,212 16,790 52,993 35,698 2,440 16,944 55,082 36,572 2,440 17,136 56,148 36,572 2,440 17,136 56,148 36,572 2,440 17,136 56,148 A3115 Comm. Enhancement Asst. Program A3115.2 Equipment Total Comm. Enhancement Asst. Program A3140 Probation A3140.1 A3140.2 A3140.4 Personnel Services Equipment Contractual Expenses Total Probation A3141 STOP DWI Program A3141.1 Personnel Services A3141.2 Equipment A3141.4 Contractual Expenses A3141.8 Employee Benefits Total STOP DWI Program A3142 Alternatives to Incarceration A3142.1 Personnel Services A3142.4 Contractual Expenses A3142.8 Employee Benefits Total Alternatives to Incarceration 355 2009 ALLEGANY COUNTY BUDGET A3143 Probation - Intensive Supervision A3143.1 Personnel Services A3143.4 Contractual Expenses A3143.8 Employee Benefits Total Probation - Intensive Supervision A3150 Jail A3150.1 A3150.2 A3150.4 Personnel Services Equipment Contractual Expenses Total Jail A3152 Public Safety Complex - Buildings & Grounds A3152.1 Personnel Services A3152.2 Equipment A3152.4 Contractual Expenses Total Public Safety Comp. - Bldgs/Grounds TOTAL LAW ENFORCEMENT TRAFFIC CONTROL A3310 Traffic Control A3310.4 Contractual Expenses Total Traffic Control TOTAL TRAFFIC CONTROL FIRE PREVENTION AND CONTROL A3410 Fire A3410.1 Personnel Services A3410.2 Equipment A3410.4 Contractual Expenses Total Fire ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 28,200 2,272 15,297 45,769 25,536 3,850 14,712 44,098 25,586 3,850 14,206 43,642 25,586 3,850 14,206 43,642 25,586 3,850 14,206 43,642 3,571,031 2,200 305,377 3,878,608 3,636,783 3,250 357,400 3,997,433 4,257,805 14,750 522,200 4,794,755 4,107,805 14,750 522,200 4,644,755 4,107,805 14,750 522,200 4,644,755 80,299 667 364,160 445,126 86,591 1,000 482,285 569,876 121,867 4,500 495,425 621,792 90,735 500 524,425 615,660 90,735 500 524,425 615,660 6,538,340 7,094,275 8,331,179 8,153,047 8,153,047 1,257 1,257 850 850 2,125 2,125 2,125 2,125 2,125 2,125 1,257 850 2,125 2,125 2,125 56,442 17,045 29,441 102,928 58,039 20,442 43,325 121,806 61,938 17,000 41,725 120,663 61,938 17,000 41,725 120,663 61,938 17,000 41,725 120,663 356 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 11,562 119,303 130,865 0 120,000 120,000 0 120,000 120,000 0 120,000 120,000 0 120,000 120,000 TOTAL FIRE PREVENTION AND CONTROL 233,793 241,806 240,663 240,663 240,663 EMERGENCY SERVICES A3640 Emergency Services A3640.1 Personnel Services A3640.2 Equipment A3640.4 Contractual Expenses Total Emergency Services 104,932 4,757 78,844 188,533 105,513 617 79,703 185,833 110,148 2,450 87,960 200,558 110,148 2,450 87,960 200,558 110,148 2,450 87,960 200,558 TOTAL EMERGENCY SERVICES 188,533 185,833 200,558 200,558 200,558 HOMELAND SECURITY A3645 Homeland Security A3645.2 Equipment A3645.4 Contractual Expenses Total Homeland Security 30,490 9,014 39,504 65,547 2,456 68,003 0 0 0 200,000 0 200,000 200,000 0 200,000 39,504 68,003 0 200,000 200,000 7,001,427 7,590,767 8,774,525 8,796,393 8,796,393 864,390 26,100 968,097 0 1,009,873 0 1,009,873 0 A3510 Fire E-911 A3510.2 A3510.4 Equipment Contractual Expenses Total Fire E-911 TOTAL HOMELAND SECURITY TOTAL PUBLIC SAFETY HEALTH PUBLIC HEALTH A4010 County Health Department A4010.1 Personnel Services A4010.2 Equipment 1,015,905 11,698 357 2009 ALLEGANY COUNTY BUDGET A4010.4 A4011 Health - Nurses A4011.1 A4011.2 A4011.4 Contractual Expenses Total County Health Department Personnel Services Equipment Contractual Expenses Total Health - Nurses A4035 Family Planning Clinic A4035.2 Equipment A4035.4 Contractual Expenses Total Family Planning Clinic A4037 Public Health - Lead A4037.4 Contractual Expenses A4037.8 Employee Benefits Total Public Health - Lead A4040 Long Term Health Care A4040.1 Personnel Services A4040.4 Contractual Expenses Total Long Term Health Care A4043 Rabies Clinics A4043.4 Contractual Expenses Total Rabies Clinics A4046 Physically Handicapped Children Program ` A4046.4 Contractual Expenses Total P.H. Children Program A4047 Community Health Assessment A4047.4 Contractual Expenses Total Comm. Health Assessment 202,115 1,229,718 248,709 1,139,199 259,010 1,227,107 259,010 1,268,883 259,010 1,268,883 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 803,988 30,441 618,442 1,452,871 1,038,316 74,500 689,900 1,802,716 396,464 0 49,150 445,614 0 0 49,150 49,150 0 0 49,150 49,150 1,646 139,115 140,761 800 219,560 220,360 0 235,470 235,470 0 235,470 235,470 0 235,470 235,470 5,410 5,500 10,910 7,250 5,766 13,016 7,800 9,300 17,100 7,800 9,300 17,100 7,800 9,300 17,100 198,823 705,965 904,788 145,532 742,450 887,982 30,168 45,000 75,168 0 45,000 45,000 0 45,000 45,000 13,116 13,116 20,350 20,350 16,975 16,975 16,975 16,975 16,975 16,975 13,516 13,516 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 0 0 2,250 2,250 850 850 850 850 850 850 358 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS A4050 Water Quality Management A4050.2 Equipment A4050.4 Contractual Expenses A4050.8 Employee Benefits Total Water Quality Management A4051 Tobacco Awareness A4051.1 Personnel A4051.4 Contractual Expenses Total Tobacco Awareness A4052 Health Department - IHAP A4052.2 Equipment A4052.4 Contractual Expenses Total Health Department - IHAP A4053 Hep-B Vaccine A4053.4 Contractual Expenses Total Hep-B Vaccine A4056 Immunization Under 24 Mo. A4056.2 Equipment A4056.4 Contractual Expenses A4056.8 Employee Benefits Total Immunization Under 24 Mo. A4060 Health Dept. - E.I.P. A4060.2 Equipment A4060.4 Contractual Expenses Total Health Dept. - E.I.P. A4070 TB Care & Treatment ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 0 17,972 27,854 45,826 4,400 31,000 30,000 65,400 0 26,150 29,800 55,950 0 26,150 29,800 55,950 0 26,150 29,800 55,950 0 20 20 3,607 28,000 28,000 0 3,550 3,550 0 3,550 3,550 0 3,550 3,550 1,043 9,024 10,067 1,200 20,150 21,350 1,200 20,150 21,350 1,200 20,150 21,350 1,200 20,150 21,350 0 0 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 0 384 8,000 8,384 600 2,850 0 3,450 0 2,500 0 2,500 0 2,500 0 2,500 0 2,500 0 2,500 0 268,159 268,159 1,200 403,500 404,700 2,000 303,500 305,500 2,000 403,500 405,500 2,000 403,500 405,500 359 2009 ALLEGANY COUNTY BUDGET A4070.4 Contractual Expenses Total TB Care & Treatment A4071 Cancer Screening A4071.1 Personnel A4071.2 Equipment A4071.4 Contractual Expenses Total Cancer Screening A4189 Bio-Terrorism Preparedness A4189.2 Equipment A4189.4 Contractual Expenses Total Bio-Terrorism Preparedness A4190 WIC A4190.2 A4190.4 A4190.8 Equipment Contractual Expenses Employee Benefits Total WIC A4191 Rural Health Network A4191.4 Contractual Expenses Total Rural Health Network TOTAL PUBLIC HEALTH NARCOTIC ADDICTION CONTROL A4220 Council on Alcoholism & Substance Abuse A4220.4 Contractual Expenses Total Council on Alch. & Subs. Abuse TOTAL NARCOTIC ADDICTION CONTROL 439 439 4,500 4,500 4,000 4,000 4,000 4,000 4,000 4,000 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 0 365 143,878 144,243 0 0 307,162 307,162 1,400 0 289,290 290,690 1,400 0 289,290 290,690 1,400 0 289,290 290,690 9,645 55,841 65,486 6,850 63,700 70,550 0 65,300 65,300 0 65,300 65,300 0 65,300 65,300 6,920 237,352 7,424 251,696 12,002 327,368 0 339,370 5,000 316,278 0 321,278 5,000 316,278 0 321,278 5,000 316,278 0 321,278 252,240 252,240 225,000 225,000 225,000 225,000 225,000 225,000 225,000 225,000 4,812,240 5,578,355 3,336,402 3,051,546 3,051,546 867,030 867,030 868,067 868,067 830,308 830,308 871,427 871,427 871,427 871,427 867,030 868,067 830,308 871,427 871,427 360 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 156,635 24,001 76,262 60,852 317,750 159,033 8,400 96,753 59,258 323,444 159,983 10,500 108,750 65,500 344,733 159,983 10,500 108,750 65,500 344,733 159,983 10,500 108,750 65,500 344,733 A4311 Mental Health - Adult ICM A4311.4 Contractual Expenses Total Mental Health - Adult ICM 13,110 13,110 13,200 13,200 12,048 12,048 12,048 12,048 12,048 12,048 A4312 Mental Health - Youth ICM A4312.1 Personnel Services A4312.2 Equipment A4312.4 Contractual Expenses A4312.8 Employee Benefits Total Mental Health - Youth ICM 118,701 15,696 64,036 48,842 247,275 116,398 17,000 76,950 47,304 257,652 113,512 2,500 76,094 51,268 243,374 113,512 2,500 76,094 51,268 243,374 113,512 2,500 76,094 51,268 243,374 A4313 Mental Health - Drop In Center A4313.4 Contractual Expenses Total Mental Health - Drop In Center 596,867 596,867 617,378 617,378 614,287 614,287 614,287 614,287 614,287 614,287 A4314 Mental Health CSS A4314.4 Contractual Expenses Total Mental Health CSS 130,408 130,408 130,395 130,395 104,205 104,205 104,205 104,205 104,205 104,205 A4315 Mental Health Reinvestment A4315.4 Contractual Expenses Total Mental Health Reinvestment 353,016 353,016 346,539 346,539 330,459 330,459 330,459 330,459 330,459 330,459 MENTAL HEALTH A4310 Mental Health Administration A4310.1 Personnel Services A4310.2 Equipment A4310.4 Contractual Expenses A4310.8 Employee Benefits Total Mental Health Adm. 361 2009 ALLEGANY COUNTY BUDGET ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 A4316 Mental Health ICM A4316.1 Personnel Services A4316.4 Contractual Expenses A4316.8 Employee Benefits Total Mental Health ICM 38,592 13,508 19,543 71,643 38,454 13,200 18,210 69,864 38,454 12,048 20,805 71,307 38,454 12,048 20,805 71,307 38,454 12,048 20,805 71,307 A4390 Mental Hygiene Law Exp. A4390.4 Contractual Expenses Total Mental Hygiene Law Exp. 15,936 15,936 10,000 10,000 20,000 20,000 20,000 20,000 20,000 20,000 TOTAL MENTAL HEALTH 1,746,005 1,768,472 1,740,413 1,740,413 1,740,413 TOTAL HEALTH 7,425,275 8,214,894 5,907,123 5,663,386 5,663,386 BUS TRANSPORTATION BUS TRANSPORTATION A5630 Bus Transportation A5630.4 Contractual Expenses Total Bus Transportation 1,055,207 1,055,207 701,000 701,000 720,000 720,000 720,000 720,000 720,000 720,000 TOTAL BUS TRANSPORTATION 1,055,207 701,000 720,000 720,000 720,000 4,604,493 49,541 2,548,532 7,202,566 4,389,739 20,650 2,542,363 6,952,752 4,389,739 20,650 2,542,363 6,952,752 ECONOMIC ASSISTANCE AND OPPORTUNITY SOCIAL SERVICES (Non-Program) A6010 Social Services Administration A6010.1 Personnel Services A6010.2 Equipment A6010.4 Contractual Expenses Total Social Services Admin. 3,967,043 4,524 2,406,723 6,378,290 4,248,086 42,315 2,380,126 6,670,527 362 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 A6011 Social Services - CAP A6011.1 Personnel Services A6011.4 Contractual Expenses Total Social Services - CAP 55,375 211 55,586 0 0 0 0 0 0 A6055 Day Care Block Grant A6055.4 Contractual Expenses Total Day Care Block Grant 778,270 778,270 910,000 910,000 858,000 858,000 858,000 858,000 858,000 858,000 A6070 Services for Recipients A6070.4 Contractual Expenses Total Services for Recipients 758,141 758,141 703,373 703,373 867,483 867,483 867,483 867,483 867,483 867,483 TOTAL SOCIAL SERVICES (NON-PROGRAM) 7,970,287 8,283,900 8,928,049 8,678,235 8,678,235 9,704,333 9,704,333 9,876,309 9,876,309 10,230,435 10,230,435 10,060,435 10,060,435 10,060,435 10,060,435 0 0 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 4,198,536 4,198,536 4,300,000 4,300,000 4,618,390 4,618,390 4,450,000 4,450,000 4,450,000 4,450,000 2,797,371 2,797,371 3,000,000 3,000,000 3,305,069 3,305,069 3,125,000 3,125,000 3,125,000 3,125,000 SOCIAL SERVICES PROGRAMS A6101 Medical Assistance A6101.4 Contractual Expenses Total Medical Assistance A6106 Adult Family Special Needs Homes A6106.4 Contractual Expenses Total Adult Fam. Spec. Needs Homes A6109 Aid to Dependent Children A6109.4 Contractual Expenses Total Aid to Dependent Children A6119 Child Care A6119.4 Contractual Expenses Total Child Care 363 2009 ALLEGANY COUNTY BUDGET ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 127,479 127,479 130,000 130,000 140,000 140,000 140,000 140,000 140,000 140,000 1,129,023 1,129,023 1,100,000 1,100,000 1,229,506 1,229,506 1,229,000 1,229,000 1,229,000 1,229,000 711,404 711,404 2,398,798 2,398,798 50,000 50,000 50,000 50,000 50,000 50,000 26,365 26,365 25,000 25,000 32,000 32,000 32,000 32,000 32,000 32,000 4,830,954 4,830,954 5,200,000 5,200,000 5,200,000 5,200,000 5,200,000 5,200,000 5,200,000 5,200,000 TOTAL SOCIAL SERVICES PROGRAMS 23,525,465 26,031,307 24,806,600 24,287,635 24,287,635 TOTAL SOCIAL SERVICES 31,495,752 34,315,207 33,734,649 32,965,870 32,965,870 OFFICE OF DEVELOPMENT A6430 Office of Development A6430.1 Personnel Services A6430.2 Equipment A6430.4 Contractual Expenses Total Office of Development 117,460 3,456 124,503 245,419 160,933 4,197 82,641 247,771 168,273 0 135,116 303,389 168,273 0 185,116 353,389 168,273 0 185,116 353,389 TOTAL OFFICE OF DEVELOPMENT 245,419 247,771 303,389 353,389 353,389 A6129 State Training School A6129.4 Contractual Expenses Total State Training School A6140 Home Relief A6140.4 Contractual Expenses Total Home Relief A6141 State Fuel Crisis Assistance A6141.4 Contractual Expenses Total State Fuel Crisis Asst. A6142 Emergency Aid for Adults A6142.4 Contractual Expenses Total Emergency Aid for Adults A6150 Food Stamp Cash Out A6150.4 Contractual Expenses Total Food Stamp Cash Out 364 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 78,140 2,560 80,700 77,538 3,300 80,838 87,078 3,300 90,378 81,629 3,300 84,929 81,629 3,300 84,929 80,700 80,838 90,378 84,929 84,929 38,531 115 4,695 43,341 42,099 2,850 5,350 50,299 43,359 850 6,885 51,094 43,359 850 6,385 50,594 43,359 850 6,385 50,594 TOTAL CONSUMER AFFAIRS 43,341 50,299 51,094 50,594 50,594 OFFICE FOR THE AGING PROGRAMS A6772 Nutrition A6772.1 Personnel Services A6772.4 Contractual Expenses A6772.8 Employee Benefits Total Nutrition 137,210 282,317 21,580 441,107 141,987 267,450 21,721 431,158 121,082 270,330 22,728 414,140 123,062 270,330 22,919 416,311 123,062 270,330 22,919 416,311 98,466 0 28,511 25,187 152,164 109,450 1,500 29,416 31,393 171,759 106,331 1,500 33,850 36,721 178,402 106,331 1,500 33,050 36,721 177,602 106,331 1,500 33,050 36,721 177,602 VETERANS' SERVICE A6510 Veterans Service A6510.1 Personnel Services A6510.4 Contractual Expenses Total Veterans' Service TOTAL VETERANS' SERVICE CONSUMER AFFAIRS A6610 Consumer Affairs A6610.1 Personnel Services A6610.2 Equipment A6610.4 Contractual Expenses Total Consumer Affairs A6773 OFA - Supportive Services A6773.1 Personnel Services A6773.2 Equipment A6773.4 Contractual Expenses A6773.8 Employee Benefits Total OFA - Supportive Services 365 2009 ALLEGANY COUNTY BUDGET ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 2,537 415 377 3,329 3,584 800 531 4,915 3,703 1,000 542 5,245 3,703 1,000 542 5,245 3,703 1,000 542 5,245 48,653 40,734 14,265 103,652 66,560 46,823 17,038 130,421 78,679 39,196 22,915 140,790 78,679 39,196 22,915 140,790 78,679 39,196 22,915 140,790 Personnel Services Equipment Contractual Expenses Employee Benefits Total OFA - H.E.A.P. 20,504 1,194 10,264 3,314 35,276 20,565 0 13,453 3,956 37,974 19,975 0 9,950 4,937 34,862 19,975 0 9,950 4,937 34,862 19,975 0 9,950 4,937 34,862 Personnel Services Contractual Expenses Employee Benefits Total OFA - E.I.S.E.P. 62,343 206,132 11,433 279,908 88,908 202,130 15,393 306,431 79,425 220,075 14,407 313,907 79,425 220,075 14,407 313,907 79,425 220,075 14,407 313,907 Personnel Services Equipment Contractual Expenses Employee Benefits Total OFA - S.N.A.P 70,168 250 194,700 14,004 279,122 86,826 0 245,906 16,861 349,593 107,596 0 244,960 23,179 375,735 107,596 0 243,960 23,179 374,735 107,596 0 243,960 23,179 374,735 A6775 State LTCOP (Long Term Care Ombudsman Program) A6775.1 Personnel Services A6775.4 Contractual Expenses A6775.8 Employee Benefits Total State LTCOP A6776 OFA - Community Service for Elderly A6776.1 Personnel Services A6776.4 Contractual Expenses A6776.8 Employee Benefits Total OFA - Comm. Service for Elderly A6777 OFA - H.E.A.P. A6777.1 A6777.2 A6777.4 A6777.8 A6778 OFA - E.I.S.E.P. A6778.1 A6778.4 A6778.8 A6779 OFA - S.N.A.P. A6779.1 A6779.2 A6779.4 A6779.8 366 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 A6780 OFA - L.T.C.I.E.O.P. (Long Term Care Ins.) A6780.1 Personnel Services A6780.2 Equipment A6780.4 Contractual Expenses A6780.8 Employee Benefits Total OFA - L.T.C.I.E.O.P. 35,021 1,001 12,262 9,508 57,792 29,791 1,000 11,100 8,821 50,712 27,057 1,400 13,198 8,345 50,000 27,057 1,400 13,198 8,345 50,000 27,057 1,400 13,198 8,345 50,000 A6781 OFA - Title VII Elder Abuse A6781.1 Personnel Services A6781.4 Contractual Expenses A6781.8 Employee Benefits Total OFA - Title VII Elder Abuse 5,617 3,807 1,794 11,218 7,169 3,849 3,613 14,631 7,407 3,300 3,605 14,312 7,407 3,300 3,605 14,312 7,407 3,300 3,605 14,312 Personnel Services Equipment Contractual Expenses Employee Benefits Total OFA - H.I.I.C.A. 29,574 783 6,328 8,402 45,087 17,267 3,675 15,607 6,712 43,261 23,622 0 7,250 7,150 38,022 23,622 0 7,250 7,150 38,022 23,622 0 7,250 7,150 38,022 Personnel Services Contractual Expenses Employee Benefits Total OFA - Title III-D 966 5,084 143 6,193 952 5,280 142 6,374 956 5,280 140 6,376 956 5,280 140 6,376 956 5,280 140 6,376 20,436 7,618 3,070 31,124 21,749 8,013 4,438 34,200 15,408 8,650 4,537 28,595 15,408 8,650 4,537 28,595 15,408 8,650 4,537 28,595 A6782 OFA - H.I.I.C.A. A6782.1 A6782.2 A6782.4 A6782.8 A6783 OFA - Title III-D A6783.1 A6783.4 A6783.8 A6784 OFA - Weatherization A6784.1 Personnel Services A6784.4 Contractual Expenses A6784.8 Employee Benefits Total OFA - Weatherization 367 2009 ALLEGANY COUNTY BUDGET A6785 OFA - C.S.I. A6785.4 Contractual Expenses Total OFA - C.S.I. A6786 OFA - III-E Family Caregiver A6786.1 Personnel Services A6786.4 Contractual Expenses A6786.8 Employee Benefits Total OFA - III-E Family Caregiver A6787 OFA - SPOE A6787.1 A6787.2 A6787.4 A6787.8 Personnel Services Equipment Contractual Expenses Employee Benefits Total OFA - SPOE TOTAL OFFICE FOR THE AGING PROGRAMS TOTAL ECONOMIC ASSISTANCE & OPPORTUNITY ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 3,044 3,044 3,400 3,400 3,400 3,400 3,400 3,400 3,400 3,400 14,250 35,837 2,226 52,313 15,696 42,735 2,480 60,911 16,680 37,220 2,444 56,344 16,680 37,220 2,444 56,344 16,680 37,220 2,444 56,344 17,194 31,406 762 6,789 56,151 26,294 12,500 7,010 6,196 52,000 28,044 12,500 7,200 5,224 52,968 28,044 12,500 7,200 5,224 52,968 28,044 12,500 7,200 5,224 52,968 1,557,480 1,697,740 1,713,098 1,713,469 1,713,469 33,422,692 36,391,855 35,892,608 35,168,251 35,168,251 CULTURE AND RECREATION TOURISM & CULTURE A6989 Tourism & Culture A6989.1 Personnel A6989.4 Contractual Expenses Total Tourism & Culture TOTAL TOURISM & CULTURE 9,231 172,931 182,162 10,000 176,546 186,546 10,300 176,546 186,846 10,300 176,546 186,846 10,300 176,546 186,846 182,162 186,546 186,846 186,846 186,846 368 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 27,872 4,076 31,948 26,000 5,575 31,575 29,175 5,600 34,775 29,175 5,600 34,775 29,175 5,600 34,775 31,948 31,575 34,775 34,775 34,775 3,000 3,000 3,000 3,000 0 0 0 0 0 0 84,500 84,500 205,475 205,475 100,000 100,000 100,000 100,000 100,000 100,000 87,500 208,475 100,000 100,000 100,000 31,118 1,655 0 32,773 32,262 2,800 0 35,062 31,415 2,641 0 34,056 31,415 2,641 5,644 39,700 31,415 2,641 5,644 39,700 A7312 Youth Bureau Advisory Committee A7312.4 Contractual Expenses Total Youth Bureau Advisory Comm. 20,387 20,387 23,315 23,315 7,600 7,600 7,600 7,600 7,600 7,600 A7313 Delinquency Prevention A7313.4 Contractual Expenses 11,700 14,000 0 0 0 BEACH AND POOL A7180 Beach and Pool A7180.1 A7180.4 Personnel Services Contractual Expenses Total Beach and Pool TOTAL BEACH AND POOL OTHER RECREATION A7182 Wellsville Skate Park A7182.4 Contractual Expenses Total Wellsville Skate Park A7185 Other Recreation A7185.4 Contractual Expenses Total Other Recreation TOTAL OTHER RECREATION YOUTH PROGRAMS A7310 Youth Bureau A7310.1 A7310.4 A7310.8 Personnel Services Contractual Expenses Total Youth Bureau 369 2009 ALLEGANY COUNTY BUDGET Total Delinquency Prevention 11,700 14,000 0 0 0 370 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 A7315 STTT Special GED A7315.4 Contractual Expenses Total STTT Special GED 3,100 3,100 3,100 3,100 0 0 0 0 0 0 A7317 Nature Education/Recreation A7317.4 Contractual Expenses Total Nature Education/Recreation 6,811 6,811 6,500 6,500 0 0 0 0 0 0 15,313 15,313 15,332 15,332 0 0 0 0 0 0 750 750 750 750 0 0 0 0 0 0 28,229 4,295 4,297 36,821 35,644 2,350 9,506 47,500 30,497 2,350 10,736 43,583 30,497 2,350 10,736 43,583 30,497 2,350 10,736 43,583 2,390 2,390 2,300 2,300 0 0 0 0 0 0 750 750 0 0 0 0 0 0 0 0 130,795 147,859 85,239 90,883 90,883 A7318 Youth Programs A7318.4 Contractual Expenses Total Youth Programs A7319 When I'm in Charge A7319.4 Contractual Expenses Total When I'm in Charge A7321 Youth Court A7321.1 A7321.4 A7321.8 Personnel Services Contractual Expenses Employee Benefits Total Youth Court A7325 A.U. Child Learning A7325.4 Contractual Expenses Total A.U. Child Learning A7326 Andover Youth Base/Softball A7326.4 Contractual Expenses Total Andover Youth Base/Softball TOTAL YOUTH PROGRAMS 371 2009 ALLEGANY COUNTY BUDGET HISTORIAN A7510 Historian A7510.1 A7510.2 A7510.4 Personnel Services Equipment Contractual Expenses Total Historian TOTAL HISTORIAN TOTAL CULTURE AND RECREATION ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 43,624 168 2,043 45,835 40,391 0 2,320 42,711 43,394 0 2,020 45,414 43,394 43,394 2,020 45,414 2,020 45,414 45,835 42,711 45,414 45,414 45,414 478,240 617,166 452,274 457,918 457,918 HOME AND COMMUNITY SERVICE PLANNING A8020 Planning A8020.1 A8020.2 A8020.4 Personnel Services Equipment Contractual Expenses Total Planning TOTAL PLANNING SOLID WASTE A8160 Solid Waste A8160.1 A8160.2 A8160.4 Personnel Services Equipment Contractual Expenses Total Solid Waste TOTAL SOLID WASTE 0 510 25,338 25,848 35,200 12,200 34,500 81,900 0 5,000 74,500 79,500 0 5,000 74,500 79,500 0 5,000 74,500 79,500 25,848 81,900 79,500 79,500 79,500 709,288 41,164 537,650 1,288,102 754,730 157,500 619,482 1,531,712 768,209 168,000 765,810 1,702,019 768,209 108,000 720,810 1,597,019 768,209 108,000 720,810 1,597,019 1,288,102 1,531,712 1,702,019 1,597,019 1,597,019 372 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 23,287 23,287 20,250 20,250 21,250 21,250 21,250 21,250 21,250 21,250 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 100,000 2,500 102,500 100,000 3,000 103,000 100,000 3,000 103,000 100,000 3,000 103,000 100,000 3,000 103,000 195,000 195,000 195,000 195,000 200,850 200,850 200,850 200,850 200,850 200,850 A8752 Agricultural Society A8752.4 Contractual Expenses Total Agricultural Society 6,500 6,500 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 TOTAL GENERAL NATURAL RESOURCES 329,787 327,750 334,600 334,600 334,600 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 1,651,237 1,948,862 2,123,619 2,018,619 2,018,619 GENERAL NATURAL RESOURCES A8710 County Reforestation A8710.4 Contractual Expenses Total County Reforestation A8720 Wildlife Habitat & Stream Improvement A8720.4 Contractual Expenses Total Wildlife Habitat & Stream Impvmt. A8730 Conservation A8730.492 A8730.493 Soil & Water Conservation Conservation Education Total Conservation A8751 Agriculture & Livestock - Coop. Ext. A8751.4 Contractual Expenses Total Agriculture & Livestock - Coop. Ext. BLIND AND VISUALLY HANDICAPPED A8823 Blind and Visually Handicapped A8823.4 Contractual Expenses Total Blind & Visually Handicapped TOTAL BLIND AND VISUALLY HANDICAPPED TOTAL HOME AND COMMUNITY SERVICES 373 2009 ALLEGANY COUNTY BUDGET 374 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 1,554,220 1,554,220 1,685,000 1,685,000 1,416,150 1,416,150 1,416,150 1,416,150 1,416,150 1,416,150 1,218,047 1,218,047 1,540,000 1,540,000 1,500,775 1,500,775 1,600,775 1,600,775 1,600,775 1,600,775 323,524 323,524 305,426 305,426 284,040 284,040 284,040 284,040 284,040 284,040 59,152 59,152 75,000 75,000 65,500 65,500 65,500 65,500 65,500 65,500 3,154,943 3,605,426 3,266,465 3,366,465 3,366,465 5,185,568 5,185,568 5,907,723 5,907,723 7,057,395 7,057,395 6,701,195 6,701,195 6,701,195 6,701,195 154,104 154,104 630,806 630,806 885,597 885,597 742,597 742,597 742,597 742,597 ACTUAL 2007 UNDISTRIBUTED EMPLOYEE BENEFITS A9010 State Retirement A9010.8 Employee Benefits Total State Retirement A9030 Social Security A9030.8 Employee Benefits Total Social Security A9040 Workers' Compensation A9040.8 Employee Benefits Total Workers' Compensation A9055 Disability Insurance A9055.8 Employee Benefits Total Disability Insurance TOTAL EMPLOYEE BENEFITS INTERFUND TRANSFERS A9522 Interfund Trans. County Road Fund A9522.9 Interfund Transfer Total Interfund Trans. County Road Fund A9523 Interfund Trans. Road Machinery Fund A9523.9 Interfund Transfer Total Interfund Trans. Road Machinery Fund 375 2009 ALLEGANY COUNTY BUDGET ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 45,000 371,933 3,030,938 45,000 177,250 3,028,735 68,000 0 2,880,550 67,500 23,550 2,380,550 67,500 23,550 2,515,550 90,000 5,846,724 9,384,595 333,500 4,842,000 8,426,485 333,500 5,622,000 8,904,050 333,500 5,622,000 8,427,100 333,500 5,622,000 8,562,100 TOTAL INTERFUND TRANSFERS 14,724,267 14,965,014 16,847,042 15,870,892 16,005,892 TOTAL UNDISTRIBUTED 17,879,210 18,570,440 20,113,507 19,237,357 19,372,357 GRAND TOTAL GENERAL FUND 77,013,001 83,945,553 83,885,670 81,924,065 82,059,065 A9560 Other Interfund Transfers A9560.903 W.I.A. Grant Fund A9560.904 Capital Fund A9560.905 Debt Service Fund A9560.909 Interfund to V Jail Reserve A9560.910 Risk Insurance Fund A9560.912 Risk Retention - Health Fund Total Other Interfund Transfers SCH EDULE 1-CD1 A P P R O P R I A T I O N S - W O R K F O R C E I N V E S T M E N T A C T (W. I. A.) GRANT FUND WIA GRANT FUND CD16400 WIA Title I Administration CD16400.1 Personnel Services CD16400.2 Equipment CD16400.4 Contractual Expenses CD16400.8 Employee Benefits Total WIA Title I Administration 40,343 4,381 10,876 13,481 69,081 54,240 3,000 14,200 23,350 94,790 69,500 1,500 10,700 36,400 118,100 69,000 1,500 10,700 36,400 117,600 69,000 1,500 10,700 36,400 117,600 CD16401 WIA Adult/Youth Support CD16401.4 Contractual Expenses Total WIA Adult/Youth Support 5,058 5,058 10,000 10,000 2,500 2,500 2,500 2,500 2,500 2,500 376 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 CD16402 WIA Adult/Youth Program CD16402.1 Personnel Services CD16402.2 Equipment CD16402.4 Contractual Expenses CD16402.8 Employee Benefits Total WIA Adult/Youth Program 72,336 0 82,416 27,168 181,920 80,950 3,000 72,350 34,450 190,750 62,598 1,500 63,800 31,500 159,398 62,598 1,500 63,800 31,500 159,398 62,598 1,500 63,800 31,500 159,398 CD16403 ACDSS Employment Service CD16403.1 Personnel Services CD16403.2 Equipment CD16403.4 Contractual Expenses CD16403.8 Employee Benefits Total ACDSS Employment Service 205,551 2,129 24,592 81,284 313,556 196,910 2,000 37,690 85,400 322,000 224,220 2,500 51,700 115,980 394,400 224,220 2,500 51,700 115,980 394,400 224,220 2,500 51,700 115,980 394,400 6,851 1,366 8,217 7,590 3,500 11,090 0 0 0 0 0 0 0 0 0 63,210 0 31,330 24,973 119,513 72,300 3,000 56,400 34,500 166,200 41,800 0 39,100 21,450 102,350 41,800 0 39,100 21,450 102,350 41,800 0 39,100 21,450 102,350 1,145 1,145 6,500 6,500 1,000 1,000 1,000 1,000 1,000 1,000 CD16404 NY Welfare Block Grant CASP II CD16404.1 Personnel Services CD16404.8 Employee Benefits Total NY Welfare Block Grant CASP II CD16406 WIA Title I Dislocated Worker CD16406.1 Personnel Services CD16406.2 Equipment CD16406.4 Contractual Expenses CD16406.8 Employee Benefits Total WIA Title I Dislocated Worker CD16407 Dislocated Worker Support CD16407.4 Contractual Expenses Total Dislocated Worker Support 377 2009 ALLEGANY COUNTY BUDGET ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 Personnel Services Equipment Contractual Expenses Employee Benefits Total WIA Youth 70,379 1,194 6,362 27,690 105,625 65,000 2,000 12,000 28,100 107,100 49,293 1,500 8,900 24,450 84,143 49,293 1,500 8,900 24,450 84,143 49,293 1,500 8,900 24,450 84,143 Personnel Services Contractual Expenses Employee Benefits Total WIA Youth 5,674 789 592 7,055 8,000 1,200 1,565 10,765 6,000 1,200 1,240 8,440 6,000 1,200 1,240 8,440 6,000 1,200 1,240 8,440 CD16412 WIA Youth - RFP CD16412.1 Personnel Services CD16412.4 Contractual Expenses CD16412.8 Employee Benefits Total WIA Youth - RFP 17,349 5,579 7,681 30,609 16,900 14,300 7,370 38,570 15,300 16,100 8,500 39,900 15,300 16,100 8,500 39,900 15,300 16,100 8,500 39,900 CD16413 WIA Youth - RFP CD16413.1 Personnel Services CD16413.4 Contractual Expenses CD16413.8 Employee Benefits Total WIA Youth - RFP 7,866 3,610 1,010 12,486 12,000 3,000 1,800 16,800 9,000 3,500 1,305 13,805 9,000 3,500 1,305 13,805 9,000 3,500 1,305 13,805 CD16414 WIA TAA - Trade Adj Act CD16414.1 Personnel Services CD16414.4 Contractual Expenses CD16414.8 Employee Benefits Total WIA TAA - Trade Adj Act 14,121 26,619 2,663 43,403 18,100 20,940 8,960 48,000 9,615 7,100 5,100 21,815 9,615 7,100 5,100 21,815 9,615 7,100 5,100 21,815 CD16410 WIA Youth CD16410.1 CD16410.2 CD16410.4 CD16410.8 CD16411 WIA Youth CD16411.1 CD16411.4 CD16411.8 378 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 19,413 147 9,170 28,730 20,100 1,250 10,500 31,850 18,500 1,250 10,100 29,850 18,500 1,250 10,100 29,850 18,500 1,250 10,100 29,850 CD16794 TANF Summer Youth Employment Program (SYEP) CD16794.1 Personnel Services CD16794.2 Equipment CD16794.4 Contractual Expenses CD16794.8 Employee Benefits Total TANF SYEP 54,693 1,310 32,517 19,252 107,772 59,500 0 41,400 24,800 125,700 57,500 1,500 45,050 24,500 128,550 57,500 1,500 45,050 24,500 128,550 57,500 1,500 45,050 24,500 128,550 CD16795 TANF Summer Youth Employment Program (SYEP) CD16795.1 Personnel Services CD16795.8 Employee Benefits Total TANF SYEP 49,910 7,030 56,940 64,000 8,500 72,500 64,000 7,700 71,700 64,000 7,700 71,700 64,000 7,700 71,700 1,091,110 1,252,615 1,175,951 1,175,451 1,175,451 CD16415 WIA - DPN Disability Program Nav CD16415.1 Personnel Services CD16415.4 Contractual Services CD16415.8 Employee Benefits Total WIA DPN - Disability Program Nav TOTAL WIA GRANT FUND SCHEDULE 1-CS APPROPRIATIONS - RISK RETENTION RISK RETENTION FUND CS1930 Judgements CS1930.4 Contractual Expenses Total Judgements CS1931 Uninsured Property Loss CS1931.4 Contractual Expenses Total Uninsured Property Loss FUND 0 0 9,500 9,500 9,500 9,500 9,500 9,500 9,500 9,500 67,005 67,005 15,147 15,147 14,000 14,000 14,000 14,000 14,000 14,000 379 2009 ALLEGANY COUNTY BUDGET ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 CS1932 Actions Approved by Courts CS1932.4 Contractual Expenses Total Actions Approved by Courts 0 0 14,000 14,000 14,000 14,000 14,000 14,000 14,000 14,000 CS1933 Claims Approved by Supreme Court CS1933.4 Contractual Expenses Total Claims Appr. by Supreme Court 0 0 105,000 105,000 125,000 125,000 125,000 125,000 125,000 125,000 CS1934 Claims Less 25,000 Legislature Approval CS1934.4 Contractual Expenses Total Claims Less 25,000 Leg. Appr. 0 0 33,000 33,000 33,000 33,000 33,000 33,000 33,000 33,000 CS1935 Claims 5,000-15,000 Committee Approval CS1935.4 Contractual Expenses Total Claims 5,000-15,000 Comm. Appr. 0 0 38,000 38,000 38,000 38,000 38,000 38,000 38,000 38,000 7,754 7,754 23,000 23,000 23,000 23,000 23,000 23,000 23,000 23,000 CS1937 Expert or Professional Services CS1937.4 Contractual Expenses Total Expert or Professional Services 60,492 60,492 67,000 67,000 47,000 47,000 47,000 47,000 47,000 47,000 CS9050 Unemployment Insurance CS9050.8 Employee Benefits Total Unemployment Insurance 25,075 25,075 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 160,326 334,647 333,500 333,500 333,500 CS1936 Claims 5,000 and Less Chairman Approval CS1936.4 Contractual Expenses Total Claims 5,000 & Less Chair. Appr. TOTAL RISK RETENTION FUND 380 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 SCHEDULE 1-CSH APPROPRIATIONS - RISK RETENTION - HEALTH FUND RISK RETENTION - HEALTH CSH1710 Administration CSH1710.4 Contractual Expenses Total Administration 486,102 486,102 200,000 200,000 475,000 475,000 475,000 475,000 475,000 475,000 157,241 157,241 160,000 160,000 165,000 165,000 165,000 165,000 165,000 165,000 CSH9061 Risk Retention - Medical CSH9061.8 Employee Benefits Total Risk Retention - Medical 3,942,795 3,942,795 3,250,000 3,250,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 CSH9063 Risk Retention - Prescription CSH9063.8 Employee Benefits Total Risk Retention - Prescription 1,811,161 1,811,161 1,600,000 1,600,000 1,600,000 1,600,000 1,600,000 1,600,000 1,600,000 1,600,000 55,700 55,700 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 6,452,999 5,270,000 5,800,000 5,800,000 5,800,000 CSH1722 Excess Insurance CSH1722.4 Contractual Expenses Total Excess Insurance CSH9064 Risk Retention - In Lieu of Insurance CSH9064.8 Employee Benefits Total Risk Retention - In Lieu of Insur. TOTAL RISK RETENTION - HEALTH FUND 381 2009 ALLEGANY COUNTY BUDGET ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 SCHEDULE 1 - D APPROPRIATIONS - COUNTY ROAD FUND TRAFFIC CONTROL D3310 Traffic Control D3310.1 D3310.2 D3310.4 Personnel Services Equipment Contractual Expenses Total Traffic Control 37,904 850 144,738 183,492 39,593 1,000 164,371 204,964 40,585 1,000 215,130 256,715 40,585 1,000 180,130 221,715 40,585 1,000 180,130 221,715 183,492 204,964 256,715 221,715 221,715 182,451 8,694 6,039 197,184 190,862 2,500 19,550 212,912 193,597 2,700 16,570 212,867 193,597 2,500 16,070 212,167 193,597 2,500 16,070 212,167 197,184 212,912 212,867 212,167 212,167 SNOW REMOVAL & MAINTENANCE ROADS & BRIDGES D5110 Maintenance Roads & Bridges D5110.1 Personnel Services D5110.2 Equipment D5110.4 Contractual Expenses Total Maintenance Roads & Bridges 1,847,572 0 1,236,682 3,084,254 1,871,628 5,000 1,449,192 3,325,820 1,927,163 6,500 1,789,200 3,722,863 1,927,163 6,500 1,538,700 3,472,363 1,927,163 6,500 1,538,700 3,472,363 D5112 Road Construction D5112.2 Equipment (Construction Projects) Total Road Construction 1,609,142 1,609,142 1,758,093 1,758,093 1,758,093 1,758,093 1,558,093 1,558,093 1,558,093 1,558,093 D5142 Snow Removal D5142.4 1,623,643 1,726,000 1,901,000 1,831,000 1,831,000 TOTAL TRAFFIC CONTROL ENGINEERING D5020 Engineering D5020.1 D5020.2 D5020.4 Personnel Services Equipment Contractual Expenses Total Engineering TOTAL ENGINEERING Contractual Expenses 382 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Total Snow Removal 1,623,643 1,726,000 1,901,000 1,831,000 1,831,000 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 TOTAL SNOW REMOVAL/MAINT. ROADS & BRIDGES 6,317,039 6,809,913 7,381,956 6,861,456 6,861,456 TOTAL COUNTY ROAD 6,697,715 7,227,789 7,851,538 7,295,338 7,295,338 202,718 202,718 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 160,000 160,000 165,000 165,000 165,000 165,000 165,000 165,000 165,000 165,000 45,500 45,500 46,500 46,500 47,000 47,000 47,000 47,000 47,000 47,000 7,700 7,700 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 415,918 469,500 470,000 470,000 470,000 0 129,200 129,200 581,055 229,200 810,255 971,650 229,200 1,200,850 971,650 429,200 1,400,850 971,650 429,200 1,400,850 129,200 810,255 1,200,850 1,400,850 1,400,850 UNDISTRIBUTED EMPLOYEE BENEFITS D9010 State Retirement D9010.8 Employee Benefits Total State Retirement D9030 Social Security D9030.8 Employee Benefits Total Social Security D9040 Workers' Compensation D9040.8 Employee Benefits Total Workers' Compensation D9055 Disability Insurance D9055.8 Employee Benefits Total Disability Insurance TOTAL EMPLOYEE BENEFITS INTERFUND TRANSFERS D9553 Interfund Transfers D9553.904 Interfund Transfer - Capital D9553.905 Interfund Transfer - Debt Serv. Total Interfund Transfers TOTAL INTERFUND TRANSFERS 383 2009 ALLEGANY COUNTY BUDGET TOTAL UNDISTRIBUTED GRAND TOTAL COUNTY ROAD FUND 545,118 1,279,755 7,242,833 8,507,544 ACTUAL 2007 AMENDED BUDGET 2008 1,670,850 1,870,850 1,870,850 9,522,388 9,166,188 9,166,188 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 SCH EDULE 1-DM APPROPRIATIONS - ROAD MACHINERY FUND ROAD MACHINERY DM5130 Road Machinery DM5130.1 Personnel Services DM5130.2 Equipment DM5130.4 Contractual Expenses Total Road Machinery TOTAL ROAD MACHINERY 414,912 16,641 290,643 722,196 420,891 183,122 328,200 932,213 459,397 296,500 378,350 1,134,247 434,397 214,500 342,350 991,247 434,397 214,500 342,350 991,247 722,196 932,213 1,134,247 991,247 991,247 UNDISTRIBUTED EMPLOYEE BENEFITS DM9010 State Retirement DM9010.8 Employee Benefits Total State Retirement 40,033 40,033 50,000 50,000 53,850 53,850 53,850 53,850 53,850 53,850 DM9030 Social Security DM9030.8 Employee Benefits Total Social Security 32,500 32,500 32,500 32,500 35,000 35,000 35,000 35,000 35,000 35,000 DM9040 Workers' Compensation DM9040.8 Employee Benefits Total Workers' Compensation 9,265 9,265 9,265 9,265 10,000 10,000 10,000 10,000 10,000 10,000 DM9055 Disability Insurance DM9055.8 Employee Benefits Total Disability Insurance 1,439 1,439 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 83,237 93,265 100,350 100,350 100,350 TOTAL EMPLOYEE BENEFITS 384 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS INTERFUND TRANSFERS DM9553 Interfund Transfers DM9553.904 Interfund Transfer - Capital Projects Total Interfund Transfers TOTAL INTERFUND TRANSFERS TOTAL UNDISTRIBUTED GRAND TOTAL ROAD MACHINERY FUND ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 0 0 80,000 80,000 141,500 141,500 141,500 141,500 141,500 141,500 0 80,000 141,500 141,500 141,500 83,237 173,265 241,850 241,850 241,850 805,433 1,105,478 1,376,097 1,233,097 1,233,097 SCHEDULE 1-H APPROPRIATIONS - CAPITAL PROJECTS FUND CAPITAL PROJECTS FUND H3197 Law Enforcement H3197.2 Equipment Total Law Enforcement Project 0 0 (48,472) (48,472) 0 0 0 0 0 0 H5607 Rushford Bridge #23-11, County Road 7B H5607.2 Equipment Total Rushford Bridge Project 0 0 18,204 18,204 0 0 0 0 0 0 23,161 23,161 0 0 0 0 0 0 0 0 418,233 418,233 97,100 97,100 0 0 0 0 0 0 H5608 Caneadea Bridge East Hill H5608.2 Equipment Total Caneadea Bridge East Hill Project H5625 Angelica Bridge #7-19 #7-22, County Road 16 H5625.2 Equipment Total Angelica Bridge Project H5626 Allen Bridge #02-03 Bottsford 385 2009 ALLEGANY COUNTY BUDGET H5626.2 Equipment Total Allen Bridge Project 196,308 196,308 32,388 32,388 0 0 0 0 0 0 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 H5629 Andover Bridge #06-2, County Road 21 H5629.2 Equipment Total Andover Bridge Project 279,734 279,734 0 0 0 0 0 0 0 0 H5630 Bus Transportation H5630.2 Equipment Total Bus Transportation Project 237,597 237,597 0 0 0 0 0 0 0 0 H5631 Wellsville Truax Road H5631.2 Equipment Total Wellsville Truax Road Project 51,576 51,576 728,457 728,457 0 0 0 0 0 0 H5632 Court Facility Construction/Renovation H5632.2 Equipment Total Court Facility Project 50,688 50,688 (30,000) (30,000) 0 0 0 0 0 0 H5633 County Building - Jail Floor Renovation H5633.2 Equipment Total County Bldg - Jail Floor Project 35,000 35,000 0 0 0 0 0 0 0 0 481,389 481,389 0 0 0 0 0 0 0 0 H5635 Caneadea East River Bridge #12-20 H5635.2 Equipment Total Caneadea East River Bridge Project 0 0 221,000 221,000 0 0 0 0 0 0 H5636 Andover Quigg Hollow Bridge #06-09 H5636.2 Equipment Total Andover Quigg Hollow Bridge Project 0 0 221,000 221,000 0 0 0 0 0 0 H5634 Bond 2007 Equipment H5634.2 Equipment Total Bond 2007 Equipment H5637 Almond County Road 2 Bridge #04-07 386 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS H5637.2 Equipment Total Almond County Road Bridge Project 0 0 260,000 260,000 0 0 0 0 0 0 387 2009 ALLEGANY COUNTY BUDGET ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 H5638 Clarksville Culvert #40-35 H5638.2 Equipment Total Clarksville Culvert #40-35 Project 0 0 112,500 112,500 0 0 0 0 0 0 H5639 Genesee Culvert #05-52 H5639.2 Equipment Total Genesee Culvert Project 0 0 127,500 127,500 0 0 0 0 0 0 H5640 Friendship County Road 20 Main Street H5640.2 Equipment Total Friendship Project 0 0 1,028,525 1,028,525 0 0 0 H5641 State Route 19, VanCampen H5641.2 Equipment Total State Route 19, VanCampen Project 0 0 41,412 41,412 0 0 0 0 0 0 H5800 Almond Bridge #04-20, County Road 32 H5800.2 Equipment Total Almond Bridge Project 0 0 271,000 271,000 0 0 0 0 0 0 H5801 Grove Bridge #19-01, County Road 24 H5801.2 Equipment Total Grove Bridge Project 0 0 276,000 276,000 0 0 0 0 0 0 0 0 165,000 165,000 0 0 0 0 0 0 0 0 0 0 142,000 142,000 142,000 142,000 142,000 142,000 H5802 Farnsworth H5802.2 Equipment Total Farnsworth Project H5900 Independence Bridge #21-08 Fulmer Valley H5900.2 Equipment Total Independence Bridge Project 388 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 H5901 Rushford Bridge #23-08 W. Branch H5901.2 Equipment Total Rushford Bridge Project 0 0 0 0 245,000 245,000 245,000 245,000 245,000 245,000 H5902 Centerville Bridge #13-09, County Road 3 H5902.2 Equipment Total Centerville Bridge Project 0 0 0 0 389,250 389,250 389,250 389,250 389,250 389,250 H5903 Granger Bridge #18-05, County Road 4 H5903.2 Equipment Total Granger Bridge Project 0 0 0 0 394,950 394,950 394,950 394,950 394,950 394,950 H5904 Belfast County Road 16 Genesee River H5904.2 Equipment Total Belfast CR 16 Genesee River Project 0 0 0 0 456,000 456,000 456,000 456,000 456,000 456,000 334,721 334,721 247,699 247,699 0 0 0 0 0 0 Equipment Total Crossroads Project 178,082 178,082 (217,417) (217,417) 0 0 0 0 0 0 Equipment Total Solid Waste Project 0 0 38,606 38,606 0 0 0 0 0 0 0 0 (121,888) (121,888) 0 0 0 0 0 0 H5997 Capital Vehicle Purchase/Replacement H5997.2 Equipment Total Vehicle Purchase/Replacement H6997 Crossroads H6997.2 H8160 Solid Waste H8160.2 H8162 Landfill Cells 7, 8 & 9 H8162.2 Equipment Total Landfill Cells 7, 8 & 9 Project 389 2009 ALLEGANY COUNTY BUDGET H8171 Landfill Closure H8171.2 Equipment Total Landfill Closure Project 0 0 (126,429) (126,429) 0 0 0 0 0 0 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 H8172 Landfill Closure Phase II H8172.2 Equipment Total Landfill Closure Phase II 6,899 6,899 (6,899) (6,899) 0 0 0 0 0 0 H9560 Other Interfund Transfers H9560.904 Interfund Transfer - Capital Total Other Interfund Transfers 82,956 82,956 0 0 0 0 0 0 2,376,344 3,335,286 1,627,200 1,627,200 1,627,200 GRAND TOTAL CAPITAL PROJECTS FUND SCHEDULE 1-S APPROPRIATIONS - SELF INSURANCE FUND SELF INSURANCE PLAN S1710 Administration S1710.1 S1710.2 S1710.4 S1710.8 Personnel Services Equipment Contractual Expenses Employee Benefits Total Administration S1720 Benefits and Awards S1720.4 Contractual Expenses Total Benefits and Awards S1722 Excess Insurance S1722.4 Contractual Expenses Total Excess Insurance TOTAL SELF INSURANCE FUND 68,574 268 166,352 13,621 248,815 69,350 1,900 251,800 16,330 339,380 76,375 0 232,800 39,005 348,180 76,375 0 232,800 39,005 348,180 76,375 0 232,800 39,005 348,180 370,359 370,359 443,000 443,000 404,000 404,000 404,000 404,000 404,000 404,000 0 0 50,000 50,000 0 0 0 0 0 0 619,174 832,380 752,180 752,180 752,180 390 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS GRAND TOTAL SELF INSURANCE FUND 619,174 832,380 752,180 752,180 752,180 391 2009 ALLEGANY COUNTY BUDGET ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 SCHEDULE 1-V APPROPRIATIONS - DEBT SERVICE FUND DEBT SERVICE FUND V9710 Debt Service Serial Bond V9710.6 Debt Service - Bonds Total Principal V9710.7 Debt Service - Interest Total Interest V9730 Debt Service Bond Anticipation Note V9730.6 Debt Service - Bonds Total Principal V9730.7 Debt Service - Interest Total Interest TOTAL DEBT SERVICE FUND 1,205,000 1,205,000 1,924,000 1,924,000 1,855,000 1,855,000 1,855,000 1,855,000 1,855,000 1,855,000 1,188,040 1,188,040 1,278,935 1,278,935 1,227,100 1,227,100 1,227,100 1,227,100 1,227,100 1,227,100 571,150 571,150 0 0 0 0 0 0 135,050 135,050 195,890 195,890 55,000 55,000 27,600 27,600 27,600 27,600 27,600 27,600 3,160,080 3,257,935 3,109,700 3,109,700 3,244,750 392 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 SCHEDULE 2 - A REVENUES - GENERAL FUND REAL PROPERTY TAX ITEMS, NON-PROPERTY TAXES AND DEPARTMENTAL INCOME Real Property Tax Items 1340 A01.1001.00 Real Property Tax 1340 A01.1051.00 Sale of Tax Acquired Property 1340 A01.1081.00 Payment in Lieu of Taxes 1340 A01.1090.00 Interest & Penalties Total Real Property Tax Items Non-Property Taxes 1340 A01.1110.00 1340 A01.1113.00 1340 A01.1136.00 1340 A01.1190.00 Departmental Income - General 1325 A02.1230.00 1325 A02.1235.00 1325 A02.1235.01 1410 A02.1255.00 1410 A02.1255.01 1410 A02.1256.R1 1430 A02.1260.00 1355 A02.1266.08 3150 A02.1266.10 1355 A02.1266.5217 1355 A02.1267.1355 1450 A02.1289.01 2960 A02.1320.00 Sales & Use Tax Tax on Hotel Room Occupancy Automobile Use Tax Interest & Penalties Total Non-Property Taxes Treasurer Fees Charge for Tax Advertising Real Property Tax Enforcement County Clerk Fees Additional Mortgage Tax Records Mgmt. & Imprvmt. Res Personnel Fees Tax Department Fees Inmate Fees Sales Net Fees Tax Map Change Fee Elections Department Fees EPHC Medicaid Reimbursement Total Departmental Income - General 22,516,826 208,041 142,398 1,146,838 24,014,103 24,426,911 260,000 148,000 1,025,000 25,859,911 275,000 148,000 1,025,000 1,448,000 275,000 148,000 1,025,000 1,448,000 275,000 148,000 1,025,000 1,448,000 17,214,042 89,134 281,986 30,349 17,615,511 17,340,000 70,000 290,000 25,000 17,725,000 17,340,000 70,000 290,000 25,000 17,725,000 18,500,000 70,000 290,000 25,000 18,885,000 18,500,000 70,000 290,000 25,000 18,885,000 5,718 10,992 148,566 577,725 175,339 7,879 4,000 2,945 18 1,086 9,475 696 25,920 970,359 6,500 11,000 150,000 500,000 140,000 0 3,000 4,000 0 1,000 8,700 0 205,000 1,029,200 6,500 11,000 150,000 515,000 140,000 0 3,000 4,000 0 1,000 8,700 0 150,000 989,200 6,500 11,000 150,000 550,000 140,000 0 3,000 4,000 0 1,000 8,700 0 125,000 999,200 6,500 11,000 150,000 550,000 140,000 0 3,000 4,000 0 1,000 8,700 0 125,000 999,200 393 2009 ALLEGANY COUNTY BUDGET ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 Departmental Income - Public Safety 3110 A02.1510.00 Sheriff Fees 3140 A02.1580.00 Probation - Restitution Fees 3140 A02.1580.01 Probation - Supervision Adm. Fees 3140 A02.1580.03 Electronic Detention Fees 3140 A02.1580.04 Probation - Drug Testing 3142 A02.1580.05 Probation - Assessment Fees 3510 A02.1589.R4 E-911 Municipal Surcharge 3640 A02.1589.02 EMT Student Fees 3142 A02.1589.03 Probation - Alternative to Incar. 3142 A02.1589.3140 Probation - DSS Total Public Safety Income 60,413 1,913 11,215 11,895 920 636 77,973 6,887 1,492 0 173,344 55,000 4,000 15,000 12,500 6,500 2,000 0 3,096 1,000 58,726 157,822 0 4,000 12,500 10,000 6,500 2,000 0 2,000 1,000 62,914 100,914 60,000 4,000 12,500 10,000 6,500 2,000 0 2,000 1,000 62,914 160,914 60,000 4,000 12,500 10,000 6,500 2,000 0 2,000 1,000 62,914 160,914 Departmental Income - Health 4010 A02.1601.00 4035 A02.1601.01 4035 A02.1601.03 4046 A02.1605.00 4010 A02.1606.03 4035 A02.1606.05 4011 A02.1610.00 4011 A02.1610.01 4011 A02.1610.02 4011 A02.1610.03 4010 A02.1610.04 4010 A02.1610.05 4040 A02.1610.10 4040 A02.1610.11 4040 A02.1610.12 4040 A02.1610.13 4052 A02.1620.02 4052 A02.1620.05 4052 A02.1620.06 4310 A02.1625.00 4310 A02.1625.03 4011 A02.1689.00 49,580 3,666 7,945 930 31,375 23,117 382,489 813,937 170,547 9,623 49,669 0 667,192 440,085 28,696 (3,633) 270 186,109 18,538 60,269 204,516 1,310 50,000 3,250 5,000 2,000 32,000 42,000 400,000 880,000 90,000 3,750 70,000 3,000 625,000 490,000 35,000 100 2,200 210,000 27,500 60,269 209,004 1,500 50,000 3,250 2,500 2,000 32,000 22,000 7,500 20,000 2,000 250 50,000 2,000 25,000 50,000 10,000 0 2,200 200,000 20,000 60,269 209,431 1,500 50,000 3,250 2,500 2,000 32,000 22,000 7,500 20,000 2,000 250 60,000 2,000 25,000 50,000 10,000 0 2,200 200,000 20,000 60,269 209,431 1,500 50,000 3,250 2,500 2,000 32,000 22,000 7,500 20,000 2,000 250 60,000 2,000 25,000 50,000 10,000 0 2,200 200,000 20,000 60,269 209,431 1,500 Environmental Health Permit Fees Family Planning Fees Family Planning - Private Insur. PHCP - Self Pay Environmental Health Loan Survey Family Planning - Medicaid Skilled Nursing - Medicaid Skilled Nursing - Medicare Skilled Nursing - Private Insur. Skilled Nursing - Self Pay Flu Vaccine Rabies Vaccine Long Term Care - Medicaid Long Term Care - Medicare Long Term Care - Private Insur. Long Term Care - Self Pay IHAP Hepatitis B Early Intervention - Medicaid Early Intervention - Private Insur. Contributions - Allegany County ARC ICM Medicaid Immunizations 394 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Total Health Income Departmental Income - Public Works 1490 A02.1710.00 DPW Fees Total Public Works Income Departmental Income - Social Services 6101 A02.1801.00 DSS - Repay Medical Assistance 6109 A02.1809.00 DSS - Repay ADC Family Asst. 6119 A02.1811.00 DSS - Repay Child Support 6119 A02.1819.00 DSS - Repay Child Care 6011 A02.1823.00 DSS - Repay JD PINS 6140 A02.1840.00 DSS - Repay HR Safety Net 6141 A02.1841.00 DSS - Repay HEAP 6142 A02.1842.00 DSS - Repay EAA 6055 A02.1855.00 DSS - Repay Daycare 6070 A02.1870.00 DSS - Repay Services for Recipients Total Social Services Income Departmental Income - Office for the Aging 6772 A02.1972.00 Nutrition - Title III-C Contributions 6773 A02.1972.01 Supportive Services - Title III-B Contrib. 6772 A02.1972.03 Nutrition - Long Term Care - Local Aid 6778 A02.1972.06 E.I.S.E.P. - In-Home Care 6779 A02.1972.07 S.N.A.P. - Long Term Care Reimburse. 6776 A02.1972.09 Community Service for Elderly Total Office for Aging Income Departmental Income - Tourism & Culture 6989 A02.1989.01 Regional Tourism & Culture 6989 A02.1989.02 Inter-Co. Part/Tourism & Culture 6989 A02.1989.04 Tourism & Culture Advertising Total Tourism & Culture Income Departmental Income - Solid Waste 8160 A02.2130.R8 S/W Reserve - Out-of-County 8160 A02.2130.03 S/W Fees - Other 3,146,230 3,241,573 771,900 781,900 781,900 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 646 646 500 500 500 500 500 500 500 500 0 535,100 39,678 95,476 1,138 409,297 75,628 0 7,200 10,032 1,173,549 5,000 553,924 32,870 58,339 2,500 240,000 62,000 550 5,000 5,000 965,183 2,500 540,000 32,870 71,250 1,200 305,267 20,000 200 6,500 6,500 986,287 2,500 540,000 32,870 71,250 1,200 305,267 20,000 200 6,500 6,500 986,287 2,500 540,000 32,870 71,250 1,200 305,267 20,000 200 6,500 6,500 986,287 112,321 7,449 14,294 24,260 7,982 15,414 181,720 119,760 7,500 11,130 28,500 14,310 22,000 203,200 111,085 7,500 7,420 28,500 11,660 17,500 183,665 111,085 7,500 7,420 28,500 11,660 17,500 183,665 111,085 7,500 7,420 28,500 11,660 17,500 183,665 27,133 17,618 4,560 49,311 25,729 9,500 5,500 40,729 28,481 9,500 5,500 43,481 28,481 9,500 5,500 43,481 28,481 9,500 5,500 43,481 1,911 151,813 0 110,000 0 50,000 0 50,000 0 50,000 395 2009 ALLEGANY COUNTY BUDGET 8160 A02.2130.04 S/W Permits 405,822 425,000 425,000 550,000 550,000 396 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 8160 8160 8160 A02.2130.05 A02.2130.08 A02.2130.09 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 10,412 13,375 525,363 1,108,696 6,000 30,000 625,000 1,196,000 6,000 25,000 600,000 1,106,000 6,000 25,000 600,000 1,231,000 6,000 25,000 600,000 1,231,000 48,433,469 50,419,118 23,354,947 24,719,947 24,719,947 88,799 36,265 125,064 86,000 85,807 171,807 86,000 41,860 127,860 86,000 41,860 127,860 86,000 41,860 127,860 256 440,284 1,400 0 0 54,035 5,270 508,135 1,009,380 0 558,000 3,000 35,000 24,000 75,000 0 1,313,000 2,008,000 0 330,400 3,000 35,000 24,000 150,000 0 0 542,400 0 450,400 3,000 35,000 24,000 150,000 50,000 2,000,000 2,712,400 0 450,400 3,000 35,000 24,000 150,000 50,000 2,000,000 2,712,400 Health Fees - State Total Health 755 755 250 250 200 200 200 200 200 200 S/W Reserve - Municipality S/W Fees - Municipality Total Home and Community 164 821 985 0 0 0 0 0 0 0 0 0 0 0 0 1,136,184 2,180,057 670,460 2,840,460 2,840,460 S/W Fees - Tires S/W Fees - Out-of-County Waste S/W Tipping Fees Total Solid Waste Income TOTAL TAX ITEMS AND DEPARTMENTAL INCOME INTERGOVERNMENTAL CHARGES General 1355 A03.2210.00 Tax & Assessment Services 1450 A03.2215.1450 Election Service Charges Total General Public Safety 3150 A03.2260.TRLT 3150 A03.2260.00 3150 A03.2260.01 3150 A03.2260.03 1165 A03.2260.1165 3150 A03.2260.3150 3150 A03.2264.06CT 3150 A03.2264.06FD Health 4010 A03.2280.00 Home and Community 8160 A03.2376.R1 8160 A03.2376.02 Inmate Translator Police Services - State Jail Facilities - State Sheriff - Drug Task Force Grant DSS to DA Welfare Fraud Transport Federal Prisoners Housing Other Counties Housing Federal Prisoners Total Public Safety TOTAL INTERGOVERNMENTAL CHARGES 397 2009 ALLEGANY COUNTY BUDGET MISCELLANEOUS INCOME Use of Money and Property 1340 A04.2401.R1 1340 A04.2401.R2 1340 A04.2401.00 1340 A04.2410.00 1340 A04.2412.00 4310 A04.2412.01 1340 A04.2450.00 Licenses and Permits 3110 A05.2545.01 3110 A05.2545.03 Fines and Forfeitures 1340 A06.2610.00 4010 A06.2610.01 3141 A06.2615.R1 Interest & Earnings - Repair Reserve Interest & Earnings - S/W Reserve Interest & Earnings Rental of Real Property Maintenance in Lieu of Rent Rental of Mental Health Facilities Commissions Total Use of Money & Property Gunsmith & Gun Dealer Licenses Pistol/Revolver Licenses Total Licenses & Permits Fines/Forfeitures - Bail Fines - Public Health STOP DWI Fines Reserve Total Fines and Forfeitures Sale of Property and Compensation For Loss 9160 A07.2650.02 Income from Recyclables 8710 A07.2652.00 Sale of Forest Products 1340 A07.2652.01 Forest Stumpage Tax 1340 A07.2655.00 Minor Sales - Other 4010 A07.2655.01 Minor Sales - Health 1355 A07.2655.02 Minor Sales - Tax Dept. - Maps, etc. 1355 A07.2655.03 Minor Sales - Pictometry 4010 A07.2655.CHHA Sale of License 1340 A07.2660.00 Sale - Real Property 4010 A07.2665.00 Sale of Equipment 1340 A07.2690.00 Tobacco Settlement Total Sale of Prop. & Comp. for Loss ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 11,299 118,573 480,134 9,150 0 1,800 742 621,698 0 0 250,000 7,000 0 2,000 0 259,000 0 0 250,000 4,000 0 0 0 254,000 0 0 250,000 4,000 0 0 0 254,000 0 0 250,000 4,000 0 0 0 254,000 40 2,270 2,310 100 1,500 1,600 0 0 0 0 0 0 0 0 0 1,252 2,950 150,781 154,983 0 2,000 0 2,000 0 2,500 0 2,500 0 2,500 0 2,500 0 2,500 0 2,500 171,824 46,164 7,162 236 145 13,177 0 0 65,700 10,850 822,443 1,137,701 125,000 50,000 0 0 0 11,000 0 0 0 5,000 825,000 1,016,000 125,000 40,000 0 0 0 11,000 0 0 0 5,000 825,000 1,006,000 160,000 40,000 0 0 0 11,000 0 85,000 0 5,000 850,000 1,151,000 160,000 40,000 0 0 0 11,000 0 85,000 0 5,000 850,000 1,151,000 398 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Miscellaneous 1340 A08.2700.MCED 1340 A08.2701.00 2960 A08.2701.02 6101 A08.2701.04 6140 A08.2701.06 6010 A08.2701.08 2960 A08.2701.09 4314 A08.2701.10 4010 A08.2701.4010 6783 A08.2705.03 6784 A08.2705.04 6786 A08.2705.05 7321 A08.2705.3825 4071 A08.2705.4071 6776 A08.2755.R 1340 A08.2770.00 Interfund Revenues 1340 A09.2801.00 1671 A09.2801.15 1671 A09.2801.16 6010 A09.2801.19 1620 A09.2801.20 1420 A09.2801.22 1420 A09.2801.24 1420 A09.2801.25 1672 A09.2801.28 1670 A09.2801.30 3150 A09.2801.3150 1610 A09.2801.32 3110 A09.2801.33 3140 A09.2801.34 1165 A09.2801.35 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 Reimburse Medicare Part D Prior Years Expense Refund Prior Yr. Exp. - EPHCP Refund Prior Yr. Exp. - DSS Medicaid Refund Prior Yr. Exp. - DSS Safety Net Refund Prior Yr. Exp. - DSS Misc. Refund Prior Yr. Exp. - EPHC Medicaid Refund Prior Yr. Exp. - Comm. Serv. Refund Prior Yr. Exp. - Health Gifts & Donations - OFA/Title III-D OFA - W.R.A.P. Gifts & Donations - Title III-E Contrib. Gifts & Donations - Youth Court Gifts & Donations - Health, Komen OFA - Sr. Cit. EPPP Reserve Other Unclassified Revenue Total Miscellaneous 69,868 15,782 3,459 1,389,483 0 1,565 16,371 14,125 149 160 0 1,076 29,170 10,900 19,358 2,046 1,573,512 0 0 1,000 780,000 0 0 0 0 200 300 200 1,200 41,500 10,900 0 0 835,300 0 0 500 267,741 0 0 0 0 200 1,500 200 0 43,583 16,000 0 0 329,724 100,000 0 500 267,741 0 0 0 0 200 1,500 200 0 43,583 16,000 0 0 429,724 100,000 0 500 267,741 0 0 0 0 200 1,500 200 0 43,583 16,000 0 0 429,724 Interfund Misc. Interfund Rev - Empl. & Trng. Audit Interfund Rev - G.F. DSS Accounting & Audit Interfund - Health Spec. Counsel DSS Attorney Fees - DSS Attorney Fees - DWI Shared Service - UPS Shared Service - Printing Sheriff - MH Medications Shared Service - Telephone Oper. Sheriff Fees - Transports Probation - STOP DWI Reimbursement DA - STOP DWI Reimbursement 198,000 1,800 0 9,000 664 36,609 412,294 1,406 2,941 5,283 0 67,495 7,280 21,000 0 0 1,800 0 9,000 0 50,000 350,000 1,400 3,300 5,000 15,000 50,000 8,500 21,000 30,000 0 1,800 0 9,000 2,600 20,000 350,000 1,400 3,300 5,000 0 50,000 0 21,000 30,000 0 1,800 72,180 9,000 2,600 20,000 350,000 1,400 3,300 5,000 0 50,000 0 21,000 30,000 0 1,800 72,180 9,000 2,600 20,000 350,000 1,400 3,300 5,000 0 50,000 0 21,000 30,000 399 2009 ALLEGANY COUNTY BUDGET 6779 A09.2801.36 OFA S.N.A.P. 64,962 83,555 90,980 90,980 90,980 400 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 4010 1910 6777 4010 6010 3110 4310 A09.2801.37 A09.2801.39 A09.2801.40 A09.2801.46 A09.2801.47 A09.2801.49 A09.2801.50 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 134,580 144,938 35,267 30,000 35,000 1,443 5,950 1,215,912 220,000 145,000 36,500 35,000 35,000 900 42,000 1,142,955 125,000 135,000 32,000 35,000 35,000 0 0 947,080 125,000 135,000 32,000 35,000 35,000 0 0 1,019,260 125,000 135,000 32,000 35,000 35,000 0 0 1,019,260 4,706,116 3,256,855 2,539,304 2,856,484 2,856,484 Assigned Counsel Indigent Fund District Attorney Salary Real Property - STAR Program Real Property - Tech. Improvement Handicap Parking Other Aid Other Recreation County Tax Collection Initiative Tax Assessment Grant County Clerk Member Item Elections HAVA Court System Maintenance Total State Aid - General 139,959 53,372 3,208 36,705 0 53,242 84,500 0 0 10,000 0 69,894 450,880 140,000 53,086 3,500 0 0 0 205,475 25,000 25,000 0 542,739 80,000 1,074,800 125,000 53,372 3,500 0 0 0 100,000 0 0 0 26,480 80,000 388,352 125,000 53,372 3,500 0 0 0 100,000 0 0 0 26,480 80,000 388,352 125,000 53,372 3,500 0 0 0 100,000 0 0 0 26,480 80,000 388,352 Handicapped Children EPHC-Administration Total State Aid - Education 622,121 18,225 640,346 950,000 20,000 970,000 950,000 35,000 985,000 595,000 25,000 620,000 595,000 25,000 620,000 District Attorney Crime Victim Grant District Attorney Aid to Prosecution 25,288 102,750 30,988 40,375 30,988 39,503 30,988 39,503 30,988 39,503 Health Dept. - DSS Adm. E.I. Interfund Revenue - Insurance Interfund Revenue - OFA HEAP Information Technology - Public Health Information Technology - DSS Sheriff - DWI Mental Health - DSS Total Interfund Revenues TOTAL MISCELLANEOUS INCOME STATE AID, ALL CATEGORIES State Aid - General 1171 A10.3025.1171 1165 A10.3030.00 1355 A10.3040.00 1355 A10.3040.1355 3114 A10.3089.R1 1340 A10.3089.00 1011 A10.3089.01 1325 A10.3089.1325 1355 A10.3089.1355 1410 A10.3089.1410 1450 A10.3089.1450 1620 A10.3262.00 State Aid - Education 2960 A10.3277.00 2960 A10.3277.01 State Aid - Public Safety 1165 A10.3031.01 1165 A10.3031.02 401 2009 ALLEGANY COUNTY BUDGET 1165 1165 3640 3645 3645 3140 3142 3143 3140 3140 3140 3110 3110 3110 3141 3115 3116 A10.3031.03 A10.3031.04 A10.3305.00 A10.3306.EMG8 A10.3306.SHF7 A10.3310.00 A10.3310.01 A10.3310.02 A10.3310.03 A10.3310.05 A10.3310.06 A10.3315.00 A10.3389.00 A10.3389.01 A10.3389.3114 A10.3389.3115 A10.3389.3116 State Aid - Health 4010 A10.3401.00 4071 A10.3401.01 4010 A10.3401.02 4057 A10.3401.07 4037 A10.3437.00 4046 A10.3446.00 4035 A10.3450.00 4043 A10.3450.01 4070 A10.3450.03 4051 A10.3450.04 4010 A10.3450.09 4010 A10.3472.00 4056 A10.3473.00 4220 A10.3486.00 1185 A10.3489.01 4010 A10.3489.02 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 District Attorney STEPS/Rd to Recovery ADA Retention Grant EMT Emergency Services Homeland Security - OES Homeland Security - Sheriff Probation Services Alternatives to Incarceration Probation Intensive Supervision Probation Eligible Diversion Probation - SORA Probation - Serve Shared Population Navigation Law Enforcement State Food Program Transport Prisoners STOP DWI - STEPS in Safety Sheriff - Community Enhancement Asst. Sheriff - NYS 911 Wireless Total State Aid - Public Safety 61,523 4,498 26,817 (359) 0 179,789 10,493 11,400 19,744 23,600 0 3,488 5,060 1,499 3,061 0 202,950 681,601 40,000 4,498 66,317 12,216 46,700 156,400 8,400 12,000 20,100 20,800 50,000 1,500 3,500 2,000 1,638 20,000 0 537,432 40,000 6,802 60,000 0 0 156,400 8,200 11,400 19,700 26,000 50,000 0 0 0 0 0 0 448,993 40,000 6,802 60,000 0 0 156,400 8,200 11,400 19,700 26,000 50,000 0 0 0 0 0 0 448,993 40,000 6,802 60,000 0 0 156,400 8,200 11,400 19,700 26,000 50,000 0 0 0 0 0 0 448,993 Public Health Work Cancer Screening I.H.A.P. - Children w/ Special Needs E.I.P. - Early Intervention Lead PHC Program Family Planning Clinic Rabies Clinic TB Care & Treatment Tobacco Awareness Water Supply Protection Water Quality Immunization Substance Abuse Medical Examiners Respite 724,240 131,093 63,958 83,070 40,800 6,163 199,521 13,664 0 0 107,990 0 32,590 0 9,331 0 800,000 295,862 56,597 100,000 40,000 10,000 246,729 12,000 1,000 31,607 110,000 300 31,920 276,250 9,256 1,000 725,000 295,862 55,465 100,000 39,200 10,000 240,325 14,000 1,000 31,607 107,800 0 31,282 276,606 9,256 1,200 730,000 295,862 55,465 100,000 39,200 10,000 240,325 14,000 1,000 31,607 107,800 0 31,282 276,606 9,256 1,200 730,000 295,862 55,465 100,000 39,200 10,000 240,325 14,000 1,000 31,607 107,800 0 31,282 276,606 9,256 1,200 402 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 4010 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4312 4312 4311 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 4310 A10.3489.4191 A10.3490.01 A10.3490.03 A10.3490.05 A10.3490.101A A10.3490.1014 A10.3490.1037 A10.3490.1078 A10.3490.1104 A10.3490.1200 A10.3490.122L A10.3490.122U A10.3490.134A A10.3490.134B A10.3490.134C A10.3490.134E A10.3490.139J A10.3490.140A A10.3490.140F A10.3490.140M A10.3490.140Q A10.3490.140R A10.3490.140S A10.3490.140T A10.3490.140U A10.3490.140Y A10.3490.1400 A10.3490.146L A10.3490.146N A10.3490.146S A10.3490.170A A10.3490.170B A10.3490.170K A10.3490.170L Rural Health Network Alcoholism ARC-MR & Dev. Disabilities Alcoholism Comm. Res. L.A. Adult C.S.S. I.S. Employ. Supported Housing SCM Comm. Reinv. Camp Get-A-Way Camp Get-A-Way ICM ICM/C&Y ICM/Servs. ICM/Servs. C&Y Forensics MH HCRA Adult HCRA Housing HCRA C&F SCM Service HCRA Adult ICM Managers HCRA Adult SCM Managers HCRA Adult ICM Service HCRA Adult SCM Service HCRA C & F SCM Managers Adult SCM Extra MH - Comm. Perf. C&F C.S.P. Gen. C&F Clinic Plus School Supp. Serv. Adt. ICM Kendra's Law Trans. Mgmt. - Kendra's Law Kendra's AOT Other Kendra's AOT ICM Service Total State Aid - Health ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 252,241 814,926 177,107 28,000 20,598 197,018 19,247 16,061 0 494,242 0 0 0 5,803 6,285 13,125 28,427 0 32,453 6,566 4,180 19,342 9,462 6,566 19,342 6,785 7,867 27,997 88,828 25,000 1,630 3,750 8,933 3,663 3,757,864 225,000 544,401 172,736 0 20,716 198,132 19,356 15,964 0 497,036 0 0 0 5,836 13,200 13,200 28,588 0 32,260 6,604 4,204 19,452 9,516 6,604 19,452 6,824 7,912 28,156 69,464 25,000 1,640 3,772 12,256 3,684 4,033,486 225,000 542,350 172,735 0 20,956 176,294 17,486 16,864 0 464,965 35,000 10,000 0 18,068 23,448 40,864 29,508 13,632 34,072 0 0 0 0 0 0 7,044 0 28,479 71,340 12,500 1,692 3,892 12,652 3,804 3,921,248 225,000 542,350 172,735 0 20,956 176,294 17,486 16,864 40,156 464,965 35,000 10,000 4,340 18,068 23,448 40,864 29,508 13,632 34,072 0 0 0 0 0 0 7,044 0 28,479 71,340 12,500 1,692 3,892 12,652 3,804 3,970,744 225,000 542,350 172,735 0 20,956 176,294 17,486 16,864 40,156 464,965 35,000 10,000 4,340 18,068 23,448 40,864 29,508 13,632 34,072 0 0 0 0 0 0 7,044 0 28,479 71,340 12,500 1,692 3,892 12,652 3,804 3,970,744 403 2009 ALLEGANY COUNTY BUDGET State Aid - Social Services 6101 A10.3601.00 6109 A10.3609.00 6010 A10.3610.00 6106 A10.3610.01 6010 A10.3616.00 6119 A10.3619.00 6140 A10.3640.00 6142 A10.3642.00 6010 A10.3661.01 6010 A10.3661.02 6010 A10.3661.03 6010 A10.3670.00 DSS Medical Assistance DSS Dependent Children DSS CPS Staff DSS Adult & Family Special Needs DSS LAF State Child Care DSS Home Relief Emergency Aid Adults Block Grant EAF Block Grant CW Block Grant POS DSS - Recipients Total State Aid - Social Services State Aid - Econ. Assistance & Opportunity 6010 A10.3665.00 Day Care Block Grant 6055 A10.3665.01 Day Care Block Grant Fed Sh. 6510 A10.3710.00 Veterans' Service Agency 6989 A10.3715.00 Allegany County Tourism & Culture 1340 A10.3772.MISC OFA Miscellaneous 6778 A10.3772.00 OFA Exp.In-Home Services for Elderly 6779 A10.3772.01 OFA Supp. Nutrition Asst. Program 6776 A10.3772.03 OFA Comm. Srvc. Elderly 6775 A10.3772.04 OFA Sr. Cit. EPPP 6785 A10.3772.06 OFA Congregate Srvcs. Initiative Grant 4010 A10.3772.6780 OFA Long Term Care Insurance Prog. 6787 A10.3772.6787 OFA Single Point of Entry Total State Aid - Econ. Assist. & Oppor. State Aid - Culture and Recreation 7180 A10.3820.01 Rushford Lake 7310 A10.3820.03 Youth Bureau 7312 A10.3820.05 Cultural Enrichment 7310 A10.3820.07 Youth Center 7312 A10.3820.10 Youth - Government Interns ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 (385,316) 313,895 2,162,769 0 0 227,226 350,865 13,431 222,064 444,128 156,273 300,000 3,805,335 1,345 384,565 1,181,357 1,200 0 139,310 520,000 12,225 280,913 561,827 197,681 250,000 3,530,423 10,250 422,857 1,438,783 1,200 697,646 1,387,402 442,076 16,236 0 0 0 500,000 4,916,450 10,250 380,857 1,496,338 1,200 697,646 1,387,402 442,076 16,236 0 0 0 550,000 4,982,005 10,250 380,857 1,496,338 1,200 697,646 1,387,402 442,076 16,236 0 0 0 550,000 4,982,005 14,771 792,473 5,000 76,836 9,700 204,578 164,706 77,736 3,247 2,236 56,093 56,147 1,463,523 114,000 745,000 0 77,323 26,700 212,933 219,976 89,527 3,900 2,478 50,000 52,000 1,593,837 949,836 0 5,000 85,529 15,000 212,000 214,000 84,800 3,900 2,430 50,000 52,000 1,674,495 949,836 0 5,000 85,529 15,000 212,000 214,000 84,800 3,900 2,430 50,000 52,000 1,674,495 949,836 0 5,000 85,529 15,000 212,000 214,000 84,800 3,900 2,430 50,000 52,000 1,674,495 13,625 16,601 5,668 3,410 2,650 13,000 16,601 2,094 3,500 6,150 17,500 19,084 0 0 3,500 17,500 19,084 0 0 3,500 17,500 19,084 0 0 3,500 404 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 7312 7312 7312 7182 7319 7325 7326 7312 7312 7312 7312 7313 7313 7313 7315 7312 7312 7313 7321 A10.3820.15 A10.3820.42 A10.3820.47 A10.3820.7182 A10.3820.7319 A10.3820.7325 A10.3820.7326 A10.3820.85 A10.3820.89 A10.3821.01 A10.3821.03 A10.3821.04 A10.3821.07 A10.3821.08 A10.3821.7315 A10.3821.93 A10.3821.94 A10.3822.02 A10.3825.7321 P.A.S.O. Houghton College Youth - Natural Helpers Youth - Peers Helping Peers Wellsville Skate Park When I'm in Charge A.U. Child Learning Andover Youth Baseball/Softball Youth - Week of Alternatives Youth - First Step D2D Skateboard Club Rushford Skate Park Prevention Education/Referral Youth Compeer Weekend Food Adventures STTT Special GED Special Step Special First Step Youth Step/PECE Program Youth Court Total State Aid - Culture & Recreation State Aid - Home & Community Services 7312 A10.3822.03 GED Program 8160 A10.3989.00 Recycling 6610 A10.3989.01 Weights & Measures - Testing Total State Aid - Home & Comm. State Aid - Transportation 5630 A10.3589.01 Public Transportation Total State Aid - Transportation TOTAL STATE AID - ALL CATEGORIES ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 4,500 2,754 3,000 3,000 750 2,107 750 0 3,000 0 0 4,250 3,250 0 3,100 2,100 2,100 8,732 10,500 95,847 4,500 2,521 3,000 3,000 750 2,300 0 4,000 3,000 1,000 1,000 4,000 4,000 800 3,100 1,600 1,600 8,732 6,000 96,248 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40,084 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40,084 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40,084 3,600 115,870 1,786 121,256 3,600 0 3,990 7,590 0 3,990 0 3,990 0 3,990 3,990 7,980 0 3,990 3,990 7,980 651,774 651,774 663,000 663,000 600,000 600,000 600,000 600,000 600,000 600,000 11,668,426 12,506,816 12,978,612 12,732,653 12,732,653 405 2009 ALLEGANY COUNTY BUDGET FEDERAL AID - ALL CATEGORIES Federal Aid - Public Safety 3640 A11.4305.00 Emergency Services - EMA Total Federal Aid - Public Safety Federal Aid - Health 4010 A11.4451.00 4190 A11.4452.00 4189 A11.4489.4189 4310 A11.4490.00 Federal Aid - Transportation 5630 A11.4589.01 Federal Aid - Social Services 6101 A11.4601.00 6109 A11.4609.00 6010 A11.4610.00 6010 A11.4611.00 6109 A11.4615.00 6119 A11.4619.00 6010 A11.4640.00 6141 A11.4641.00 6150 A11.4650.00 6010 A11.4661.00 6070 A11.4670.00 Breast Health WIC Bioterrorism Preparedness Mental Health - Medicaid Total Federal Aid - Health Public Transportation Assistance Total Federal Aid - Transportation Medical Assistance Dependent Children DSS Administration Food Stamp Program DSS FFFS Child Welfare DSS Safety Net H.E.A.P. Food Stamp Cash Out Title IV-B Services for Recipients Total Federal Aid - Social Services Federal Aid - Economic Assistance & Opportunity 6772 A11.4772.00 OFA Nutrition 6773 A11.4772.01 OFA Supp. Services - Title III-B Grant 6772 A11.4772.03 OFA Cash in Lieu Reimburse. Meals 6779 A11.4772.04 OFA Cash in Lieu Reimburse. Meals 6781 A11.4772.05 OFA Elder Abuse - Title VII Program ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 25,737 25,737 15,000 15,000 15,000 15,000 24,000 24,000 24,000 24,000 11,619 290,956 74,256 57,000 433,831 18,000 339,370 75,000 44,226 476,596 18,000 321,278 64,465 0 403,743 18,000 321,278 64,465 0 403,743 18,000 321,278 64,465 0 403,743 0 0 38,000 38,000 0 0 0 0 0 0 (256,943) 1,490,046 4,072,416 483,516 0 1,091,007 13,396 628,611 4,830,954 83,201 202,191 12,638,395 2,690 1,216,826 3,520,147 497,356 0 1,218,379 1,000 2,336,798 5,200,000 85,000 255,364 14,333,560 5,000 845,714 3,053,444 664,839 1,589,968 899,559 19,187 30,000 5,200,000 80,000 267,250 12,654,961 5,000 761,714 2,917,444 664,839 1,589,968 809,559 19,187 30,000 5,200,000 80,000 267,250 12,344,961 5,000 761,714 2,917,444 664,839 1,589,968 809,559 19,187 30,000 5,200,000 80,000 267,250 12,344,961 104,225 58,760 42,680 26,957 10,530 106,200 60,716 39,300 31,552 11,349 101,500 60,000 35,904 35,712 10,700 101,500 60,000 35,904 35,712 10,700 101,500 60,000 35,904 35,712 10,700 406 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS 6782 6783 6784 A11.4772.06 A11.4772.07 A11.4772.08 OFA Health Ins. Info., Couns., & Asst. OFA TITLE III-D OFA Weatherization Total Federal Aid - Econ. Asst. & Opp. Federal Aid - Home & Community Services 6786 A11.4772.10 OFA Family Caregiver - Title III-E Total Federal Aid - Home & Comm. TOTAL FEDERAL AID - ALL CATEGORIES INTERFUND TRANSFERS 1340 A12.5031.00 Interfund Transfers Total Interfund Transfers TOTAL INTERFUND TRANSFERS GRAND TOTAL GENERAL FUND REVENUES ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 44,932 4,969 31,125 324,178 43,142 5,000 34,000 331,259 38,000 5,000 28,000 314,816 38,000 5,000 28,000 314,816 38,000 5,000 28,000 314,816 30,726 30,726 38,255 38,255 32,000 32,000 32,000 32,000 32,000 32,000 13,452,867 15,232,670 13,420,520 13,119,520 13,119,520 36,077 36,077 0 0 0 0 0 0 0 0 36,077 0 0 0 0 79,433,139 83,595,516 52,963,843 56,269,064 56,269,064 SCHEDULE 2 - CD1 R E V E N U E S - W. I. A. G R A N T F U N D USE OF MONEY AND PROPERTY, MISCELLANEOUS 6290 CD1.04.2401.00 Interest & Earnings Total Use of Money and Property, Misc. INTERFUND REVENUES 6403 CD1.09.2801.6403 6404 CD1.09.2801.6404 STATE AID State Aid - General 6400 CD1.10.3089.00 Interfund - ACDSS Emp. Srvc. NY Welfare Block Grant, CASP II Total Interfund Revenues Other Aid 982 982 0 0 0 0 0 0 0 0 327,923 0 327,923 322,000 11,090 333,090 394,400 0 394,400 394,400 0 394,400 394,400 0 394,400 4,000 4,000 2,000 2,000 2,000 407 2009 ALLEGANY COUNTY BUDGET Total State Aid - General 4,000 4,000 2,000 2,000 2,000 408 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS State Aid - Econ. Assistance & Opportunity 6416 CD1.10.3089.6416 Model Transition Program Total State Aid - Econ. Asst. TOTAL STATE AID FEDERAL AID 6400 CD1.11.4701.12 6400 CD1.11.4701.6400 6401 CD1.11.4701.6401 6402 CD1.11.4701.6402 6406 CD1.11.4701.6406 6410 CD1.11.4701.6410 6411 CD1.11.4701.6411 6412 CD1.11.4701.6412 6414 CD1.11.4701.6414 6415 CD1.11.4701.6415 INTERFUND TRANSFER 6400 CD1.12.5031.6400 TANF SYEP WIA Admin. WIA Services WIA Program WIA Worker Program WIA - Youth Program WIA Youth & Supportive Services Youth RFP TAA - Trade Adj. Act DPN - Disability Program Na. Total Federal Aid Interfund Transfer WIA Total Interfund Transfers GRAND TOTAL W.I.A. GRANT FUND REVENUES ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 0 0 24,000 24,000 0 0 26,000 26,000 26,000 26,000 4,000 28,000 2,000 28,000 28,000 165,866 42,439 4,160 169,546 133,662 108,759 7,055 43,296 42,733 27,023 744,539 174,700 36,190 10,000 190,750 172,200 107,100 10,765 55,370 48,000 31,850 836,925 174,250 23,100 2,500 159,398 103,350 84,143 8,440 53,705 21,815 29,850 660,551 174,250 23,100 2,500 159,398 103,350 84,143 8,440 53,705 21,815 29,850 660,551 174,250 23,100 2,500 159,398 103,350 84,143 8,440 53,705 21,815 29,850 660,551 45,000 45,000 45,000 45,000 68,000 68,000 67,500 67,500 67,500 67,500 1,122,444 1,243,015 1,124,951 1,150,451 1,150,451 0 0 0 0 0 0 0 0 0 SCHEDULE 2 - CS REVENUES - RISK RETENTION FUND USE OF MONEY AND PROPERTY 1930 CS04.2401.01 Interest & Earnings - Res. 9050 CS04.2401.03 Interest & Earnings - UIB Total Use of Money and Property SALE OF PROPERTY AND COMPENSATION FOR LOSS 460 16 476 0 0 0 409 2009 ALLEGANY COUNTY BUDGET 1910 CS07.2680.00 Insurance Recoveries Total Sale of Prop. & Comp. for Loss 75,327 75,327 1,147 1,147 0 0 0 0 0 0 410 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS INTERFUND TRANSFERS 1930 CS12.5031.00 Interfund Transfers Total Interfund Transfers GRAND TOTAL RISK RETEN. FUND REVENUES ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 90,000 90,000 333,500 333,500 333,500 333,500 333,500 333,500 333,500 333,500 165,803 334,647 333,500 333,500 333,500 SCHEDULE 2 - CSH REVENUES - RISK RETENTION - HEALTH FUND USE OF MONEY AND PROPERTY 1710 CSH04.2401.00 Interest & Earnings Total Use of Money and Property MISCELLANEOUS 1710 CSH08.2701.00 1710 CSH08.2709.00 1710 CSH08.2709.01 1710 CSH08.2709.02 INTERFUND REVENUES 1710 CSH09.2801.01 1710 CSH09.2801.11 1710 CSH09.2801.16 INTERFUND TRANSFERS 1710 CSH12.5031.00 737 737 0 0 0 0 0 0 0 0 Prior Years Expense Employee Contributions Retiree Contributions COBRA Contributions Total Miscellaneous 103 163,061 77,297 20,620 261,081 0 160,000 80,000 10,000 250,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Interfund Revenue - Emp. & Trng. Interfund Revenue - Work. Comp. Interfund Revenue - G.F. Total Interfund Revenues 103,935 0 130,701 234,636 115,000 8,000 55,000 178,000 115,000 8,000 55,000 178,000 115,000 8,000 55,000 178,000 115,000 8,000 55,000 178,000 5,846,724 5,846,724 4,842,000 4,842,000 5,622,000 5,622,000 5,622,000 5,622,000 5,622,000 5,622,000 6,343,178 5,270,000 5,800,000 5,800,000 5,800,000 Interfund Transfers Total Interfund Transfers GRAND TOTAL RISK RETENTION - HEALTH FUND REVENUES 411 2009 ALLEGANY COUNTY BUDGET ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 SCHEDULE 2 - D REVENUES - COUNTY ROAD FUND INTERGOVERNMENTAL CHARGES 5110 D03.2306.00 Roads & Bridges - Other Govt. Total Intergovernmental Charges 178,536 178,536 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 USE OF MONEY AND PROPERTY 5110 D04.2401.R1 Int. & Earnings - Repair Reserve 5110 D04.2401.00 Interest & Earnings Total Use of Money and Property 12,866 554 13,420 0 400 400 0 1,000 1,000 0 1,000 1,000 0 1,000 1,000 SALE OF PROPERTY AND COMPENSATION FOR LOSS 5110 D07.2650.00 Sale of Scrap 5110 D07.2655.00 Minor Sales - Other Total Sale of Prop. & Comp. for Loss 23,964 759 24,723 8,000 700 8,700 20,000 700 20,700 20,000 700 20,700 20,000 700 20,700 385 1,621 2,006 500 2,000 2,500 500 2,000 2,500 500 2,000 2,500 500 2,000 2,500 39,089 204,914 7,300 251,303 28,000 211,000 6,000 245,000 92,000 330,500 6,000 428,500 92,000 330,500 6,000 428,500 92,000 330,500 6,000 428,500 Consolidated Highway Total State Aid - Transportation 1,738,342 1,738,342 1,987,293 1,987,293 1,987,293 1,987,293 1,987,293 1,987,293 1,987,293 1,987,293 Interfund Transfer from General Total Interfund Transfers 5,185,568 5,185,568 5,907,723 5,907,723 7,057,395 7,057,395 6,701,195 6,701,195 6,701,195 6,701,195 MISCELLANEOUS 5110 D08.2701.00 5110 D08.2770.00 INTERFUND REVENUES 5110 D09.2801.09 5110 D09.2801.10 5110 D09.2801.13 STATE AID State Aid - Transportation 5110 D10.3501.00 INTERFUND TRANSFERS 5110 D12.5031.03 Prior Years Expense Other Unclassified Revenue Total Miscellaneous Interfund - Capital - Town Bridges Interfund - Capital - County Rd. Bridges Plowing Parking Lots Total Interfund Revenues 412 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS GRAND TOTAL COUNTY RD FUND REVENUES 7,393,898 8,176,616 9,522,388 9,166,188 9,166,188 ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 SCHEDULE 2 - DM REVENUES - ROAD MACHINERY FUND USE OF MONEY AND PROPERTY 5130 DM04.2401.00 Interest & Earnings Total Use of Money and Property 1,862 1,862 1,550 1,550 2,000 2,000 2,000 2,000 2,000 2,000 20,669 8,139 28,808 5,000 0 5,000 5,000 0 5,000 5,000 0 5,000 5,000 0 5,000 428 428 0 0 0 0 0 0 0 0 Interfund Revenue Interfund - Capital - Town Bridges Interfund - Capital - County Rd. Bridges Plowing Parking Lots Total Interfund Revenues 335,314 19,266 55,893 8,453 418,926 335,000 18,000 80,000 7,000 440,000 335,000 47,000 94,500 7,000 483,500 335,000 47,000 94,500 7,000 483,500 335,000 47,000 94,500 7,000 483,500 Interfund Transfers from General Fund Total Interfund Transfers 154,104 154,104 630,806 630,806 885,597 885,597 742,597 742,597 742,597 742,597 604,128 1,077,356 1,376,097 1,233,097 1,233,097 SALE OF PROPERTY AND COMPENSATION FOR LOSS 5130 DM07.2665.00 Equipment 5130 DM07.2680.00 Insurance Recoveries Total Sale of Prop. & Comp. for Loss MISCELLANEOUS 5130 DM08.2701.00 INTERFUND REVENUES 5130 DM09.2801.06 5130 DM09.2801.09 5130 DM09.2801.10 5130 DM09.2801.13 INTERFUND TRANSFERS 5130 DM12.5032.00 Prior Years Expense Total Miscellaneous GRAND TOTAL ROAD MACH. FUND REVENUES 413 2009 ALLEGANY COUNTY BUDGET ACTUAL 2007 REVENUES AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 SCHEDULE 2 - H - CAPITAL PROJECTS FUND INTERGOVERNMENTAL CHARGES 5626 H03.2300.5626 Almond BR#02-03, Bottsford 5900 H03.2300.5900 Independence BR#21-08, Ful Val 5901 H03.2300.5901 Rushford BR#23-05, W Branch 5631 H03.2300.5631 Truax Road 5802 H03.2300.5802 Farnsworth Total Intergovernmental Charges 29,446 0 0 288 0 29,734 0 0 0 12,045 24,750 36,795 0 21,300 36,750 0 0 58,050 0 21,300 36,750 0 0 58,050 0 21,300 36,750 0 0 58,050 SALE OF PROPERTY AND COMPENSATION FOR LOSS 1620 H07.2680.00 Insurance Recoveries Total Sale of Prop. & Comp. for Loss 35,812 35,812 0 0 0 0 0 0 0 0 Rushford BR#23-11, CR7B Angelica BRDGS#7-19 & 7-22 Wellsville, Truax Rd Court Facilities Constr./Renov. Friendship CR 20 Main St Belfast, CR 16 Vehicle Purchase Total State Aid 18,204 82,949 5,753 20,688 0 0 32,000 159,594 0 0 120,900 0 153,000 0 0 273,900 0 0 0 0 0 0 0 0 0 0 0 0 0 67,650 0 67,650 0 0 0 0 0 67,650 0 67,650 Angelica BRDGS#7-19 & 7-22 Wellsville, Truax Rd Friendship CR 20 Main St Belfast, CR 16 Total Federal Aid 334,586 30,683 0 0 365,269 0 532,000 816,000 0 1,348,000 0 0 0 0 0 0 0 0 364,800 364,800 0 0 0 364,800 364,800 90,921 52,600 0 0 0 55 0 0 0 0 0 0 0 0 0 STATE AID 5607 H10.3089.5607 5625 H10.3097.5625 5631 H10.3097.5631 5632 H10.3097.5632 5640 H10.3097.5640 5904 H10.3097.5904 5997 H10.3097.5997 FEDERAL AID 5625 H11.4097.5625 5631 H11.4097.5631 5640 H11.4097.5640 5904 H11.4097.5904 INTERFUND TRANSFERS 1620 H12.5031.00 1620 H12.5031.03 5631 H12.5031.5631 Interfund Transfers Interfund from General Fund Wellsville, Truax Rd 414 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 County Bldg., Jail Floor Renov. Friendship CR 20 Main St State Rte 19, Vancampen Almond BR#04-20 CR 32 Grove BR#19-01 CR 24 Farnsworth Independence BR#21-08, Ful Val Rushford BR#23-05, W Branch Centerville BR#13-09, CR 3 Granger BR#18-05, CR 4 Belfast, CR 16 Vehicle Purchase and Replacement Total Interfund Transfers 35,000 0 41,412 0 0 0 0 0 0 0 0 152,000 371,933 0 51,000 0 271,000 276,000 140,250 0 0 0 0 0 100,000 838,305 0 0 0 0 0 0 120,700 208,250 389,250 394,950 0 0 1,113,150 0 0 0 0 0 0 120,700 208,250 389,250 394,950 23,550 0 1,136,700 0 0 0 0 0 0 120,700 208,250 389,250 394,950 23,550 0 1,136,700 PROCEEDS LONG TERM OBLIGATIONS 1620 H13.5710.00 Serial Bonds 5997 H13.5785.5997 Vehicle Purchase and Replacement Total Proceeds L/T Obligations 5,169,350 95,909 5,265,259 0 0 0 0 0 0 0 0 0 0 0 0 6,227,601 2,497,000 1,171,200 1,627,200 1,627,200 5633 5640 5641 5800 5801 5802 5900 5901 5902 5903 5904 5997 H12.5031.5633 H12.5031.5640 H12.5031.5641 H12.5031.5800 H12.5031.5801 H12.5031.5802 H12.5031.5900 H12.5031.5901 H12.5031.5902 H12.5031.5903 H12.5031.5904 H12.5031.5997 GRAND TOTAL CAPITAL PROJECTS FUND SCHEDULE 2 - S REVENUES - SELF INSURANCE FUND INTERGOVERNMENTAL CHARGES 1710 S03.2223.00 JTPA Assessments 1710 S03.2222.00 Participants' Assessments Total Intergovernmental Charges 3,435 803,280 806,715 3,000 735,880 738,880 3,000 712,680 715,680 3,000 712,680 715,680 3,000 712,680 715,680 USE OF MONEY AND PROPERTY 1710 S04.2401.R3 Interest & Earnings - WC Reserve 1710 S04.2401.00 Interest & Earnings Total Use of Money and Property 35,716 1,063 36,779 0 500 500 0 500 500 0 500 500 0 500 500 415 2009 ALLEGANY COUNTY BUDGET MISCELLANEOUS 1710 S08.2701.00 Prior Years Expense Total Miscellaneous GRAND TOTAL SELF INSUR. FUND REVENUES ACTUAL 2007 AMENDED BUDGET 2008 DEPT. HEAD REQUEST 2009 BUDGET OFFCR. RECOMMEND. 2009 FINAL BUDGET 2009 35,744 35,744 93,000 93,000 36,000 36,000 36,000 36,000 36,000 36,000 879,238 832,380 752,180 752,180 752,180 SCHEDULE 2 - V REVENUES - DEBT SERVICE USE OF MONEY AND PROPERTY 9710 V04.2401.00 Interest & Earnings Total Use of Money and Property INTERFUND TRANSFERS 9710 V12.5031.00 9710 V12.5031.04 Interfund Transfers Interfund Transfer from County Rd Fund Total Interfund Transfers GRAND TOTAL DEBT SERVICE FUND REVENUES FUND 8,306 8,306 0 0 0 0 0 0 0 0 3,207,017 0 3,207,017 3,028,735 229,200 3,257,935 2,880,500 229,200 3,109,700 2,380,500 429,200 2,809,700 2,515,550 429,200 2,944,750 3,215,323 3,257,935 3,109,700 2,809,700 2,944,750 416 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Schedule 3 Statement of Special Reserves at October 1, 2008 Balance 1/1/2008 Interest Earnings 10/1/2008 Transfers and Other Income Appropriations or Expended 2008 Reserve Balance 10/1/2008 GENERAL FUND Repair Reserve Solid Waste 230,219 5,127 2,432,472 56,374 DWI 129,115 LLRW Siting 433,322 Record Management 235,346 3,160 2,492,006 73,265 (152,745) 49,635 433,322 87,691 4,785 92,476 E911 Reserve 111,593 65,615 OFA Reserve 19,709 19,709 Health Car Seats 438 438 Handicapped Parking 331 331 (120,000) 57,208 COUNTY ROAD Repair Reserve 71,259 5,537 76,796 10/1/2008 417 2009 ALLEGANY COUNTY BUDGET Schedule 4 Statement of Debt as of October 1, 2008 BONDS-Long Term Fund Purpose Date of Issue Interest Rate Buildings, Equipment, Bridges and Solid Waste Landfill Cell 7,8,9 Telephone System Public Safety Complex – Jail Bridges, Vehicles, Equipment, Construction and Maintenance 10/15/1998 4% 6/15/2001 4.30% 2,200,000 250,000 6/15/2016 9/15/2006 4% 21,900,000 675,000 9/15/2029 4/15/2007 3.80% 3,875,200 615,000 4/15/2015 Capital Bridges, Vehicles, Equipment, Construction and Maintenance 4/24/2008 1.88% 1,468,525 1,468,525 4/23/2008 10/1/2008 Debt Service Debt Service Debt Service Debt Service Outstanding as of 10/1/2008 1,545,000 Principal Date of Maturity Due 2009 315,000 10/15/2013 BAN – Short Term 418 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Schedule 5 Capital Fund Project – October 1, 2008 Year Acct # 2003 2003 2005 2006 2006 2007 2007 2007 2007 2007 2007 2007 2007 2008 2008 2008 2005 2005 2004 1999 2001 2007 H3197 H5607 H5625 H5626 H5631 H5632 H5635 H5636 H5637 H5638 H5639 H5640 H5641 H5800 H5801 H5802 H5997 H6997 H8160 H8162 H8171 H8172 10/1/2008 Title Law Enforcement – Jail Rushford – BR 23-11 Angelica # 7-10/ # 7-22 Allen BR 0203 Bottsford Hol Wellsville Truax Rd BR Court Facility Construction/Renovation Caneadea – East River Andover – Quigg Hollow Almond – BR 04-07 Clarksville – Culv 40-35 Genesee – Culv 05-52 Friendship – CR 20 Main St Belvi-St Rt 19 VanCampen Almond – BR 04-20 CR 32 Grove – BR 19-01 CR 24 Cuba – BR 15-16 Farnsworth Vehicle Replacement Acct Crossroads Project Landfill Expansion Study Landfill Cells 7-9 Landfill Closure Landfill Closure Phase II Total Total Total Authorization Authorization 2008 Authorization Expenditures Unexpended Prior Year 23,801,000 23,801,000 23,877,438 (76,438) 18,204 18,204 18,204 1,805,000 1,805,000 1,669,285 135,715 230,000 230,000 237,952 (7,952) 941,000 665,000 1,606,000 1,199,164 406,836 20,000 20,000 110,689 (90,689) 260,000 260,000 183,494 76,506 260,000 260,000 184,904 75,096 260,000 260,000 227,454 32,546 112,500 112,500 6,111 106,389 127,500 127,500 66,382 61,118 170,500 1,020,000 1,190,500 52,307 1,138,193 41,413 41,413 41,413 271,000 271,000 133,559 137,441 276,000 276,000 276,000 165,000 165,000 103,338 61,662 147,699 100,000 247,699 99,503 148,196 95,000 16,400 111,400 426,622 (315,222) 148,300 148,300 109,693 38,607 3,700,000 3,700,000 3,821,888 (121,888) 2,500,000 2,500,000 2,626,430 (126,430) 2,000,000 2,000,000 27,742 1,972,258 419 2009 ALLEGANY COUNTY BUDGET Schedule 6 Estimated Fund Balance at 12/31/08 General Fund County-Wide County Road Fund Road Machinery Fund Special Grant Fund (E&T) Risk Retention General Insur. Risk Retention Health Insur. Debt Service Fund 10/1/2008 Estimated Encumbrances Estimated Unreserved Fund Balance 12/31/2008 1,500,000 (150,000) 100,000 50,000 400,000 50,000 25,000 Estimated Unreserved Fund Balance Appropriated by Governing Board 135,000 25,000 300,000 Estimated Unreserved Fund Balance Available for Appropriation 1,450,000 100,000 25,000 400,000 420 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Schedule 7 S495 Exemption Impact Report – October 9, 2008 Equalized Total Assessed Value 2,565,308,861 Exemption Code 12100 13100 13500 13510 13650 13660 13750 13800 13850 13870 13890 14000 14100 14300 18020 21100 21600 25100 25110 25120 25130 25210 25230 25300 25400 26050 26100 26250 26400 32252 32301 32305 Exemption Name NYS – GENERALLY CO – GENERALLY TOWN – GENERALLY TOWN ‐ CEMETARY LAND VG – GENERALLY VG ‐ CEMETARY LAND VG O/S LIMITS ‐ AVIATION SCHOOL DISTRICT BOCES SPEC DIST USED FOR PURPOSE ESTAB PUBLIC AUTHORITY ‐ LOCAL LOCAL AUTHORITIES SPECIFIED USA – GENERALLY INDIAN RESERVATION MUNICIPAL INDUSTRIAL DEV AGENCY IN TRUST BY CLERGY FOR CHURCH RES OF CLERGY ‐ RELIG CORP OWNER NONPROF CORP ‐ RELIG (CONST PROT) NONPROF CORP ‐ EDUCL (CONST PROT) NONPROF CORP ‐ CHAR (CONST PROT) NONPROF CORP ‐ HOSPITAL NONPROF CORF ‐ MORAL/MENTAL IMP NONPROF CORP ‐ SPECIFIED USES FRATERNAL ORGANIZATION AGRICULTURAL SOCIETY VETERANS ORGANIZATION HISTORICAL SOCIETY INC VOLUNTEER FIRE CO OR DEPT NYS OWNED REFORESTATION LAND NYS LAND TAXABLE FOR SCHOOL ONLY NYS LAND TAXABLE FOR SCHOOL ONLY Statutory Authority RPTL 404(1) RPTL 406(1) RPTL 406(1) RPTL 446 RPTL 406(1) RPTL 446 RPTL 406(7) RPTL 408 RPTL 408 RPTL 410 RPTL 412 RPTL 412 RPTL 400 (1) RPTL 454 RPTL 412‐a RPTL 436 RPTL 462 RPTL 420‐a RPTL 420‐a RPTL 420‐a RPTL 420‐a RPTL 420‐a RPTL 420‐b RPTL 428 RPTL 450 RPTL 452 RPTL 444 RPTL 464(2) RPTL 534 RPTL 536 RPTL 536 Number of Exemptions 180 60 221 114 142 26 9 84 2 6 15 12 5 14 14 5 13 5 224 141 14 20 25 75 14 10 16 3 39 357 6 3 Total Equalized Value % of Value of Exemptions Exempted 120,901,302 4.71 16,798,506 0.65 29,637,621 1.16 1,438,193 0.06 45,401,992 1.77 735,654 0.03 1,746,800 0.07 158,705,773 6.19 5,541,427 0.22 8,049,036 0.31 6,135,712 0.24 5,263,948 0.21 882,720 0.03 1,146,058 0.04 49,037,347 1.91 799,083 0.03 1,132,998 0.04 479,000 0.02 33,563,800 1.31 273,276,548 10.65 948,191 0.04 7,491,663 0.29 4,450,334 0.17 4,111,074 0.16 810,010 0.03 641,021 0.02 1,721,616 0.07 94,604 0 3,959,747 0.15 43,143,178 1.68 462,027 0.02 461,490 0.02 Average Tentative Full Value Co Tax Rate 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 15.256536 Exemption's Tax Dollar Impact Value 1,844,535 256,287 452,167 21,942 692,677 11,224 26,650 2,421,300 84,543 122,800 93,610 80,310 13,467 17,485 748,140 12,191 17,286 7,308 512,067 4,169,253 14,466 114,297 67,897 62,721 12,358 9,780 26,266 1,443 60,412 658,215 7,049 7,041 421 2009 ALLEGANY COUNTY BUDGET 33302 COUNTY OWNED REFORESTED LAND page 1 of 2 RPTL 406(6) 21 769,545 0.03 15.256536 11,741 422 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Exemption Exemption Statutory Number of Total Equalized Value % of Value Average Tentative Exemption's Tax Code Name Authority Exemptions of Exemptions Exempted Full Value Co Tax Rate Dollar Impact Value 41101 VETS EX BASED ON ELIGIBLE FUNDS RPTL 458(1) 165 512,422 0.02 15.256536 7,818 41102 VETS EX BASED ON ELIGIBLE FUNDS RPTL 458(1) 32 127,503 0 15.256536 1,945 41121 ALT VET EX‐WAR PERIOD‐NON‐COMBAT RPTL 458‐a 1054 6,523,924 0.25 15.256536 99,532 41122 ALT VET EX‐WAR PERIOD‐NON‐COMBAT RPTL 458‐a 132 767,388 0.03 15.256536 11,708 41131 ALT VET EXP‐WAR PERIOD‐COMBAT RPTL 458‐a 1006 10,359,691 0.4 15.256536 158,053 41132 ALT VET EXP‐WAR PERIOD‐COMBAT RPTL 458‐a 184 1,707,157 0.07 15.256536 26,045 41141 ALT VET EX‐WAR PERIOD‐DISABILITY RPTL 458‐a 275 3,071,296 0.12 15.256536 46,857 41142 ALT VET EX‐WAR PERIOD‐DISABILITY RPTL 458‐a 29 247,616 0.01 15.256536 3,778 41300 PARAPLEGIC VETS RPTL 458(3) 2 144,281 0.01 15.256536 2,201 41400 CLERGY RPTL 460 30 46,619 0 15.256536 711 41700 AGRICULTURAL BUILDING RPTL 483 103 9,110,261 0.36 15.256536 138,991 41720 AGRICULTURAL DISTRICT AG MKTS L 305 564 9,789,266 0.38 15.256536 149,350 AG MKTS L 306 294 4,142,780 0.16 15.256536 63,204 41730 AGRIC LAND‐INDIV NOT IN AG DIST 41800 PERSONS AGE 65 OR OVER RPTL 467 1508 1,811,269 0.07 15.256536 27,634 41801 PERSONS AGE 65 OR OVER RPTL 467 135 3,102,495 0.12 15.256536 47,333 41802 PERSONS AGE 65 OR OVER RPTL 467 925 16,660,587 0.65 15.256536 254,183 41805 PERSONS AGE 65 OR OVER RPTL 467 34 575,699 0.02 15.256536 8,783 41812 CERTAIN LIVING QUARTERS CONSTRUCTED FOR SR CITZ. RPTL 467‐d 1 7,079 0 15.256536 108 41930 DISABILITIES AND LIMITED INCOMES RPTL 459‐c 1 ‐ 0 15.256536 ‐ 41980 LOW OR MODERATE INCOME HOUSING RPTL 421‐e 2 1,945,705 0.08 15.256536 29,685 42100 SILOS, MANURE STORAGE TANKS RPTL 483‐a 37 339,891 0.01 15.256536 5,186 42120 TEMPORARY GREENHOUSE RPTL 483‐c 4 100,197 0 15.256536 1,529 44112 FIRST‐TIME HOMEBUYERS ‐ NEW CONSTRUCTION RPTL 457 7 211,260 0.01 15.256536 3,223 47450 FOREST/REF LAND ‐ FISHER ACT RPTL 480 28 947,457 0.04 15.256536 14,455 47460 FOREST LAND CERTD AFTER 8/74 RPTL 480‐a 9 306,853 0.01 15.256536 4,682 47600 BUSINESS INVESTMENT PROPERTY PRE 8/5/97 RPTL 485‐b 2 7,568 0 15.256536 115 47610 BUSINESS INVESTMENT PROPERTY POST 8/5/97 RPTL 485‐b 59 1,246,591 0.05 15.256536 19,019 47670 PROPERTY IMPRVMNT IN EMPIRE ZONE RPTL 485‐e 13 2,979,987 0.12 15.256536 45,464 47671 PROPERTY IMPRVMNT IN EMPIRE ZONE RPTL 485‐e 7 267,378 0.01 15.256536 4,079 49500 SOLAR OR WIND ENERGY SYSTEM RPTL 487 2 12,913 0 15.256536 197 50000 WHOLLY EXEMPT 45 5,124,429 0.2 15.256536 78,181 Total Exemptions Exclusive of System Exemptions (‐Wholly Exempt) 8539 906,811,151 35.33 15.256536 13,912,978 Total County Total System Exemptions (Wholly Exempt) 45 5,124,429 0.20 Exemption's Tax Totals 8584 911,935,580 35.53 Dollar Impact Value Values have been equalized using the Uniform Percentage of Value. The Exempt amounts do not take into consideration, payments in lieu of taxes or other payments for municipal services. Amount, if any, attributable to payments in lieu of taxes: 148,000 423 2009 ALLEGANY COUNTY BUDGET 10/10/2008 page 2 of 2 424 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS INDEX - 2008 RES. PAGE "A" ACCORD (Allegany County Community Opportunities and Rural Development); Includes Listings for ACDSI (Allegany Community Development Services, Inc.): Proclamations: Domestic Violence Awareness Month – October 2008 165 Revolving Loan Fund: Small Cities Community Development Block Grant Application, Replenishment of Revolving Loan Fund: Public Hearings, Set 40 42 Public Hearings, Held 43,59 AFSCME UNION: (See Also Salary Plan) AGING, OFFICE FOR THE: Annual Report – 2008 Citizens Advisory Council Members Appointed Confirmed by Board 10,34 Community Services for the Elderly (CSE): Additional Federal and State Funding Accepted 139 Donation Accepted 154 Crossroads Commerce and Conference Center, Memorandum of Understanding with IDA for Development of Additional Space for Relocation of Office for the Aging, Veterans’ Service Agency, and NY Connects Single Point of Entry 66 Elder Abuse: Additional Federal and State Funding Accepted 139 Supplements in Federal Grants 189 Expanded In-Home Services for the Elderly (EISEP): Additional Federal and State Funding Accepted 139 Family Caregiver (Title III-E): Additional Federal and State Funding Accepted 139 Supplements in Federal Grants 189 Health Insurance Information, Counseling and Assistance/State Pharmaceutical Assistance Program (HIICA/SPAP): Increased Federal Aid Accepted 153 Home Energy Assistance Program (HEAP): Additional Federal and State Funding Accepted 139 Grant Funds from 2007 Calendar Year Reappropriated 188 Nutrition Program: Home-Delivered Meal Program, Prestige Services, 2009 and 2010 Agreements Approved 141 Personnel: Luncheon Center Manager Bertha Muench Recognized at Retirement for 16 Years of Service Petty Cash Fund Increased to $200, Amending Res. No. 192-89 138 Proclamations: Family Caregivers’ Month – November 2008 Older Americans Month – May 2008 Volunteer Week, April 27 through May 3, 2008 252 6,22 14,37 147 163 69 147 193 147 147 193 162 147 193 148 84 146 201 84 76 425 2008 PROCEEDINGS INDEX Single Point of Entry (SPOE): Grant Funds from 2007 Calendar Year Reappropriated Supplemental Nutrition Assistance Program (SNAP): Additional Federal and State Funding Accepted Donation Accepted Supportive Services: Additional Federal and State Funding Accepted Supplements in Federal Grants Transfer of Funds: Within Accounts RES. PAGE 188 193 139 154 147 163 139 189 64,92,190 147 193 67,93,194 AGRICULTURAL & FARMLAND PROTECTION BOARD: (See Also Agricultural Districts) Members Appointed 9,22,39 AGRICULTURAL DISTRICTS: District #1, Eight-Year Review: Notice of District Review Directed; Report from Agricultural and Farmland Protection Board Directed 134 Public Hearing, Date Set 181 Public Hearing, Held Resolution Continuing, with Modifications 204 Correspondence, Ag District Program Manager Ronald Mead District #4, Modification to Include Land in Willing (Mayline Farms): (See Also 2007 Journal of Proceedings) Report from Planning Board and Agricultural and Farmland Protection Board Filed Public Hearing, Held Resolution Continuing, with Modifications 36 District #4, Eight-Year Review: (See Also 2009 Journal of Proceedings) Notice of District Review Directed; Report from Agricultural and Farmland Protection Board Directed 231 AGRICULTURAL SOCIETY: Agreement, Budget Appropriation, 2008 Annual Financial Report Filed: 12/01/06–11/30/07 County Fair, Presentation of Fair Book 18 137 187 200 208 233 34 38 40 236 18 22 99 AGRICULTURE: (See Also Soil & Water Conservation) ALCOHOL & DRUG ABUSE: (See Allegany Council on Alcoholism and Substance Abuse or Community Services) ALLEGANY COUNTY AREA FOUNDATION: Proclamation: Allegany County Area Foundation Month – September 2008 ALLEGANY/WESTERN STEUBEN RURAL HEALTH NETWORK: Human Services Transportation Plan (See Also Bus Transportation), Retain Consultant to Prepare, Agreement Approved; NYS DOT Grant Funds Accepted Proclamations: National Senior Health and Fitness Day – May 28, 2008 ANNUAL REPORTS: (See Reports, Annual) 152 67 70 89 426 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RES. APPOINTMENTS: Aging, Citizens Advisory Council Confirmed by Board 10,34 Agricultural & Farmland Protection Board Cattaraugus-Allegany Workforce Investment Board: (See Workforce Investment Board) Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Railroad Authority: (See Railroad) Community Services Board 9 Comprehensive Plan Committee Comprehensive Plan Implementation Group Cornell University Cooperative Extension Board, Legislative Member Recommended (Pullen) County Attorney (Miner) 37 Interim County Attorney (Miner) 3 Succession to Office Designation Filed: First Assistant (Haggstrom); Third Assistant (Healy) Court Facilities Financial Impact Ad Hoc Committee Appointments Crossroads Development Advisory Committee Development Advisory Board Confirmed by Board 11 Elections Commissioner, Republican (E. Herdman) 207 Emergency Services Director (Tucker) Ethics, Board of 170 Fish & Wildlife Management Board Confirmed by Board 12 Forest Practice Board Confirmed by Board 21,158 Friendship Empire Zone Administrative Board Health, Board of 183 InterCounty Association Voting Members Legislators, Board of: Chairman (Crandall) 1 Emergency Interim Successor (Hall) Majority Leader Designated (Reynolds) Minority Leader Designated (McCormick) Standing Committee Assignments (List on Page V) Vice Chairman (Dibble) 2 Mercy Flight Civic Advisory Committee Open Space Advisory Committee, Region 9 Planning Board Confirmed by Board 22,82 Public Works: Deputy Superintendents: I (Mancuso); II (James) Superintendent (Roeske) 157 Railroad Authority, Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Confirmed by Board 152 Resource Conservation & Development Board Soil & Water Conservation District Board 113 Solid Waste Hearing Board Southern Tier West Regional Planning & Development Board Confirmed by Board 83 PAGE 6,22 14,37 9,22,39 14 4 143 4 41 2 22 208 5 6 14 212 5 178 6 15 7,151 23,167 5,35 188 5 1 5 7 7 7 1 89 5 7,75 23,85 175 167 143 162 5,143 118 6 76 85 427 2008 PROCEEDINGS INDEX STOP DWI Coordinator (Aumick) Tourism, Citizens Advisory Committee Transportation Task Force Veterans’ Service Agency Director (Spillane) Confirmed by Board Workers’ Compensation, Mutual Self-Insurance Executive Secretary (Dillon) Workforce Investment Board, Cattaraugus-Allegany Workforce Investment Board Youth Council Youth Board Confirmed by Board RES. PAGE 20 6 6,44 6 7 22 45 8 4,76,122,165 76,128 35 49 ASSESSMENTS: (See Tax) ASSIGNED COUNSEL: (See Also Legal Defense of Indigents or Public Defender) "B" BIOTERRORISM PREPAREDNESS RESPONSE PROGRAM: (See Emergency Services or Public Health or Sheriff) BLIND & VISUALLY HANDICAPPED, ASSOCIATION FOR: Agreement Approved, 2008 15 16 BOARD OF ELECTIONS: (See Elections) BOARD OF ETHICS: (See Ethics) BOARD OF HEALTH: (See Public Health) BOARD OF LEGISLATORS: (See Legislators, Board of) BOARDS & AGENCIES SERVING IN 2008, MEMBERS OF: VIII BONDED INDEBTEDNESS: Court Facilities: Correspondence Regarding Upcoming Bond Resolution 233 BRIDGES: (See Public Works) BUDGET, COUNTY: 2009 County Budget: Tentative Budget Released Public Hearing, Date Set Public Hearing, Held Amendment of 2009 Tentative Budget Adoption of 2009 County Budget Appropriations for Conduct of County Government, 2009 BUDGET, STATE: (See Also Legislation Requested) Impact of Proposed 2008-09 State Budget Actions on County, Correspondence from Governor’s Office 168 210 211 212 342 175 176 198 214 215 216 84 428 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RES. InterCounty Association of WNY Correspondence to Governor Paterson Regarding State Budget Cuts PAGE 158 BUS TRANSPORTATION: (See Also Allegany/Western Steuben Rural Health Network) Human Services Transportation Plan: Allegany/Western Steuben Rural Health Network, Retainage of Consultant to Prepare Plan, Agreement Approved; NYS DOT Grant Funds Accepted & Appropriated 67 70 Transportation Task Force Appointments 6 Mobility Management Plan Implementation, Agreement with NYS Dept. of Transportation Acting as Designated Recipient for FTA Grant Funds 177 181 Public Transportation Grants, NYS DOT, U.S. Section 5311: Capital Project Grant (One Bus, Two Shelters), Agreement 95 94 Operating Assistance Grant Application Authorized, 2007-08 73 78 "C" CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD (WIB): (See Workforce Investment Board) CENTERVILLE: Noble Allegany Windpark, Centerville and Rushford: Notice of Completion and Draft Environmental Impact Statement Filed by Noble Environmental Power Transmission Line, Centerville/Yorkshire, Article VII Application Filed Supplement for Certificate of Environmental Compatibility and Public Need for Construction and Operation of Trans. Line Final Environmental Impact Statement (FEIS) Accepted by Town, Notice of Completion and FEIS Filed by Noble 39 122 158 175 CHAMBER OF COMMERCE, GREATER ALLEGANY COUNTY: Formation, Update by President William Hart, Privilege of Floor Belmont Betterment Association’s Project to Rehab the Former Belmont School, Support Confirmed (Correspondence) 21 34 CHARGEBACK TO TOWNS: (See Tax) CHAUTAUQUA, CATTARAUGUS, ALLEGANY & STEUBEN SOUTHERN TIER EXTENSION RAILROAD AUTHORITY: (See Railroad) CIVIL DEFENSE: (See Emergency Services) CIVIL SERVICE: (See Human Resources and Civil Service) COMMUNITY SERVICES: Annual Report – 2008 Community Services Board Members Appointed Personnel: Employee Recognition: 25 Years of Service (Director Dr. Robert Anderson) 9 253 14 140 429 2008 PROCEEDINGS INDEX RES. Proclamations: Developmental Disabilities Awareness Month – March 2008 Mental Health Month – May 2008 PAGE 45 85 COMPREHENSIVE PLAN: (See Planning) CORNELL UNIVERSITY COOPERATIVE EXTENSION: Agreement, Budget Appropriation, 2008 Annual Report – 2008 Board of Directors, Legislative Member Recommended (Pullen) 31 30 254 4 CORONERS: (See Medical Examiners & Coroners) COUNTY ADMINISTRATOR: Annual Report – 2008 Personnel: Deputy County Administrator Position Created Employee Recognition: 30 Years of Service (J. Margeson) Rushford Lake Swimming Area, Lease Approved, County Administrator Designated for Operation Tax Refunds and Correction of Tax Bills and Rolls, Delegating Authority to County Administrator Transfer of Funds: From Contingent (Crossroads Lease) 256 169 184 COUNTY ATTORNEY: Annual Report – 2008 Personnel: County Attorney Appointed (Miner) Interim County Attorney Appointed (Miner) Employee Recognition: 30 Years of Service (Former County Attorney Daniel Guiney) First Assistant County Attorney Salary Increased, Amending Resolution No. 242-07 Second Assistant County Attorney Salary Decreased, Amending Resolution No. 242-07 Succession to Office Designation Filed: First Assistant (Haggstrom); Third Assistant (Healy) First Assistant (Haggstrom); Second Assistant (Healy); Third Assistant (Carnes) Third Assistant County Attorney Salary Increased, Amending Resolution No. 242-07 Transfer of Funds: Within (Desk) COUNTY CLERK: Annual Report – 2008 Mortgage Recording Tax: Apportionment Apportionment Tables Town & Village Payment from Additional Mortgage Tax Fee Retainage by County Clerk Personnel: County Clerk (Christman), Oath of Office 177 32 31 237 108 240 107 258 37 3 41 2 109 38 41 70 76 22 84 88 122 90 127 260 104,196 103,201 326,327 105,197 103,201 2 430 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Motor Vehicle Cashier/Examiner and Senior Motor Vehicle Cashier/Examiner Upgraded Senior Recording Clerk Position Created; Cashier Abolished Transfer of Funds: Within RES. PAGE 127 159 174 132 168 180 COUNTY COMPREHENSIVE PLAN: (See Planning) COUNTY HISTORIAN: Annual Report – 2008 262 COUNTY OWNED PROPERTY, BUILDINGS, EQUIPMENT: (See Public Works or County Vehicles or Tax Sale Property) COUNTY TREASURER: Actuarial Valuation of Postretirement Health Care Benefits as of 01/01/07, including Notes to Financial Statements as of 12/31/07 Annual Report – 2008 Auditor Report, Financial Statements Filed, Year Ended 12/31/07, (Eldredge, Fox & Porretti) Bonded Indebtedness: (See Section by that Name) Budget: (See Budget Section) Dog Licensing Fund: (See Dog Licensing Fund Section) Financial Statements (Eldredge, Fox & Porretti) Fiscal Presentation, Final 2007 Budget Information Personnel: Employee Recognition: 25 Years of Service (County Treasurer Terri Ross) Tax Collection, Centralized County Level Database: State Grant Funds Accepted to Prepare a Study to Implement Tax Sale: (See Also Tax Section) COUNTY VEHICLES: County Vehicle Usage Policy Amendment Insurance Claim Settlements: (See Insurance) COUNTY WATER AND SEWER DISTRICTS: County Water District No. 2 & County Sewer District No. 1, Towns of Amity and Angelica (Crossroads Area): Correspondence from Representative of Landowners Urging Expedited Extension of Infrastructure to Location Applications to State Comptroller’s Office, Approved Update by LaBella Associates and Municipal Solutions 55 293 175 294 110 98 26 27 221 221 132 87 136 173 COURTS: County Judge (Euken), Oath of Office Court Facilities: Capital Plan Approved 137 Committee Chairman Pullen, Privilege of Floor Hornell’s Experiences with OCA, Mayor Hogan, Privilege of Floor Court Facilities Financial Impact Ad Hoc Committee Appointments Consultation Agreement for Project Labor Agreement (PLA), (Hodgson Russ Law Firm) 230 Committee Chairman Pullen, Privilege of Floor TABLED 12/08/08 2 143 141 157 208 234 231 229 431 2008 PROCEEDINGS INDEX RES. Request that Capital Plan be Re-Opened and Less Costly Alternative Plan be Considered, TABLED 12/22/08 Correspondence, OCA Chief of Operations R. Younkins; Memo from Chairman Crandall Correspondence Re: Upcoming Bond Resolution: Northeast Allegany County Coalition Unified Court System, Maintenance/Operation Agreement: Renewal, 04/01/08-03/31/13 Unified Court System, Security Agreement: Renewal, 04/01/08-03/31/09 PAGE 235 235 233 220 219 193 195 CROSSROADS COMMERCE AND CONFERENCE CENTER: (See Industrial Development Agency) CROSSROADS DEVELOPMENT AREA (Interstate 86, NYS Route 19, and County Rd. 20, North of Town of Amity): Crossroads Development Advisory Committee Appointments 5 Water and Sewer Services: (See County Water and Sewer Districts Section) CUBA LAKE: (See Recreation) "D" DATA PROCESSING, OFFICE OF: (See Information Technology) DEVELOPMENT, OFFICE OF: Annual Report – 2008 County Comprehensive Plan: (See Planning) Crossroads Development Area: (See Section by that Name) Development Advisory Board Members Appointed Confirmed by Board 11 Lease of Property from IDA for Office Space, Crossroads Commerce & Conference Center, 04/15/08-04/14/13 65 Micro-Enterprise Business Program: (See Also ACCORD) Revolving Loan Fund: (See Also ACCORD) Small Cities Community Development Block Grant Application, Replenishment of Revolving Loan Fund: Public Hearings, Set 40 Public Hearings, Held Transfer of Funds: From Contingent (County Comprehensive Plan) 27 Within (Computer Equipment) 107 DISTRICT ATTORNEY: Annual Report – 2008 Crime Victims’ Services Program: Crime Victims’ Rights Week/Ceremony Announced/Proclamation Personnel: District Attorney: Crime Victims Coordinator Position Removed from Section 4 and Moved to PEF Union Salary Plan 232 263 6 14 67 42 43,59 27 107 264 59 237 432 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RES. DOG LICENSING FUND: Annual Report – 2007, Accepted by Board Annual Report – 2008 PAGE 61 266 "E" E-911: (See Sheriff) ECONOMIC DEVELOPMENT ZONE: (See Friendship Empire Zone) EDUCATION: (See Also Community Colleges or Public Health, Handicapped Children) Business Education Community Coalition (BECC), Career Awareness Day Presentation; Proclamation 54 ELECTIONS, BOARD OF: Annual Report – 2008 HAVA Procedure Update, Privilege of Floor Personnel: Commissioner Appointed, Republican (E. Herdman) Transfer of Funds: From Contingent (HAVA Requirements) 268 174 207 130 EMERGENCY SERVICES, OFFICE OF: Annual Report – 2008 E-911 Dispatch: (See Sheriff) EMT Training and Storage, Lease of Property from IDA, Crossroads Commerce & Conference Center, 04/15/08-04/14/13 65 Homeland Security, New York State Office of: Grant Funds Reappropriated from 2007 28 Grant Funds, FY 2007-2010, Accepted (Communication System) 50 National Incident Management System (NIMS) Status Achieved Personnel: Director Appointed (Tucker) Southwestern Regional EMS Council Grant Funds Reappropriated 28 Statewide Wireless Network (SWN), Public Safety Radio Communication Tower Installation, License Agreement with NYS Office for Technology’s Contractor M/A-Com, Inc. (Corbin Hill Tower Site) 142 Transfer of Funds: Homeland Security Revenue Account, from Fire Prevention 115 Within (EMS Training Space Rental) 47,76 United Way Payroll Deductions Accepted and Appropriated 140 212 134 269 67 28 51 75 5 28 149 119 49,80 148 EMPIRE ZONE: (See Friendship Empire Zone) EMPLOYEES: (See Human Resources, Insurance, Labor Relations, Retirement, Salary Sections, or Work Rules) EMPLOYMENT & TRAINING CENTER: (See Also Workforce Investment Board) Annual Report – 2008 Personnel: Employee Recognition: 30 Years of Service (D. Emrick) 30 Years of Service (P. Francis) 270 184 184 433 2008 PROCEEDINGS INDEX RES. PAGE Employment and Training Counselors (Grade 15), Four Positions Reclassified to Senior Employment Counselors (Grade 17); Senior Counselor Position Abolished; Employment and Training Counselors, Four Positions Abolished 128 Summer Youth Employment Program (SYEP): Appropriations and Revenues Increased 121 Transfer of Funds: Within 175 133 126 180 ENVIRONMENTAL CONSERVATION: (See Also Recreation or Reforestation, or Soil & Water Conservation) Cuba Landfill Site Cleanup to Begin, NYS DEC Fact Sheet 151 Fish & Wildlife Management Board Members Appointed 6 Confirmed by Board 12 15 Forest Practice Board Members Appointed 7,151 Confirmed by Board 21,158 23,167 Oil and Gas Resource Development in State: (See Section by that Name) Open Burning Prohibition Statewide, Proposed DEC Rule Change: Public Hearing Scheduled in Allegany County 99,128 Resolution Opposing 103 102 Correspondence from NYS DEC, Re: Public Hearing 110 Press Release from NYS DEC, Public Hearing in Allegany County 121 Correspondence from Senator Young, Assemblyman Burling 122 Correspondence/Resolution from Pomona Grange, Opposing 143 Open Space Advisory Committee, Region 9: Member Appointed 5 Updates to Open Space Plan, Public Meetings Scheduled 75 WAG Trail: (See Recreation) EQUIPMENT: (See Public Works County Owned Property or Purchasing or Individual Department Listings) ERRONEOUS ASSESSMENTS: (See Tax Roll Errors & Corrections) ETHICS, BOARD OF: Members Appointed 170 178 EXTENSION SERVICE ASSOCIATION: (See Cornell University Cooperative Extension) "F" FARM BUREAU: Dairy Month Proclamation; Privilege of Floor FIRE SERVICE: Annual Report – 2008 E-911 Dispatch: (See Sheriff) Transfer of Funds: To Emergency Srvcs. Homeland Security Revenue Account 115 Volunteer Firefighter and Ambulance Workers’ Benefits: Supporting Adoption of Bill Providing Expanded Coverage 145 Supporting Adoption of Bill Providing Special Unit within Workers’ Compensation Board to Assist Injured, Spouses, Beneficiaries 146 Volunteer Firemen’s Association: Agreement, Budget Appropriation, 2008 16 98,100 271 119 154 155 17 434 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Wireless 911 (Local Enhanced) Grant Program Agreement, Reimbursement of Eligible Costs for Provision of Wireless 911 Services (Administered through Fire Coordinator) RES. PAGE 149 156 FISH & WILDLIFE: (See Environmental Conservation) FOREST PRACTICE BOARD: (See Environmental Conservation or Reforestation) FRIENDSHIP EMPIRE ZONE: Administrative Board Members Appointed 5,35 "G" GAS DRILLING: (See Oil and Gas Resource Development) "H" HANDICAPPED CHILDREN’S PROGRAMS: (See Public Health) HEALTH: (See Public Health) HEALTH INSURANCE, COUNTY EMPLOYEES: (See Insurance or Work Rules) HIGHWAYS AND BRIDGES: (See Public Works) HISTORIAN: (See County Historian) HOMELAND SECURITY: (See Emergency Services or Sheriff) HOUSING AND URBAN DEVELOPMENT (HUD): (See ACCORD or Development) HUMAN RESOURCES AND CIVIL SERVICE: Employee Recognition: Employee of the Month Program: 02/08, Deputy K. Ross, Sheriff’s Office 03/08, L. Hennessy, Health 04/08, Deputy D. Hanchett, Sheriff’s Office 05/08, K. Francisco, Human Resources Social Services, Child Support Unit Staff Recognized Years of Service: 25 Years, Dr. R. Anderson, Community Services Director 25 Years, T. Ross, County Treasurer 30 Years, T. Allen, Public Works 30 Years, D. Bentley, Sheriff 30 Years, C. Butler, Sheriff 30 Years, D. Emrick, Employment and Training 30 Years, R. Fontaine, Sheriff 30 Years, P. Francis, Employment and Training 30 Years, R. Francis, Public Works 30 Years, D. Guiney, County Attorney 30 Years, J. Hooker, Public Works 30 Years, F. Karnes, Public Works 21 39 54 74 140 140 98 184 184 184 184 184 184 184 109 184 184 435 2008 PROCEEDINGS INDEX RES. 30 Years, J. Margeson, County Administrator 30 Years, D. Santangelo, Public Works 30 Years, L. Windus, Real Property Tax 30 Years, K. Young, Social Services Health Insurance: (See Also Insurance or Work Rules) Human Resources & Civil Service Office: Annual Report – 2008 Personnel: 05/08 Employee of the Month (K. Francisco) Transfer of Funds: From Contingent for Contract Costs to Establish Workplace Violence Prevention Program, DEFEATED Labor Relations and Negotiations: (See Section by that Name) Workplace Violence Prevention Program, Agreement with Public Sector HR Consultants and Employee Services; Transfer of Funds from Contingent Account, DEFEATED PAGE 184 184 184 184 273 74 217 182 "I" INDUSTRIAL DEVELOPMENT AGENCY (IDA): Annual Report – 2008 Crossroads Commerce and Conference Center: Lease of Property to County for Development, Planning, Tourism, & Emergency Services EMT Training and Storage, 04/15/08-04/14/13 Memorandum of Understanding with County for Development of Additional Space for Office for the Aging, Veterans’ Service Agency, and NY Connects Single Point of Entry 275 65 67 66 69 INFORMATION TECHNOLOGY: Annual Report – 2008 INSURANCE: Contracts, Policies: Consultant Services, Agreement Approved (BMA Consulting Services, Inc.), 2009 244 Excess Liability Umbrella Coverage Proposal Accepted (Humphrey & Vandervoort, W.H. Greene & Associates, Merchants Mutual), 02/01/08-02/01/09 24 (Richardson & Stout Insurance, NYMIR), Included with Insurance Package Proposal, 02/01/09-02/01/10 243 Health Insurance, County Employees: Self-Insured Medical Plan Administration Agreement (NOVA Healthcare Administrators) and Pharmacy Benefit Management Services Agreement (Independent Health’s Pharmacy Benefit Dimensions), Effective 11/01/06 51 Property, Liability, Auto Insurance Package, Proposal Accepted (Richardson & Stout Insurance, NYMIR), 02/01/08-02/01/09 23 (Richardson & Stout Insurance, NYMIR), Including Excess Liability Umbrella Coverage, 02/01/09-02/01/10 243 Retiree Health Insurance Protection Taskforce, Proposed Legislation, Supporting NYSAC’s Memorandum in Opposition 102 276 243 25 242 51 24 242 101 436 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RES. PAGE Risk Retention Accounts: Transfer of Funds: Between 148 Settlement of Claims: Insurance Recoveries, Payment Accepted/Appropriated: Community Services: Windshield 85,187 Health: Vehicle Damaged by State Farm’s Insured 03/06/08 63 Information Technology: Vehicle Totaled by Zurich’s Insured 10/01/08 187 Sheriff: Vehicles/Equipment, 11/19/07 Wellsville Police Pursuit 48,63 Window Replacement 13 156 86,192 66 192 50,66 15 INTERCOUNTY ASSOCIATION OF COUNTY LEGISLATIVE BODIES OF WESTERN NY: Correspondence to Governor Paterson Regarding NYS Budget Cuts 158 Meetings: 02/15/08, Monroe County (Rochester Museum) 34 03/14/08, Schuyler County (Watkins Glen International) 44 04/18/08, Orleans County (Albion) 62 05/09/08, Erie County (Amherst) 84 06/20/08, Livingston County (Mt. Morris) 99 08/15/08, Wayne County (Savannah) 142 10/17/08, Wyoming County (Varysburg) 175 11/21/08, Genesee County (Batavia) 200 Voting Members Appointed 5 INTERMUNICIPAL WATER & SEWER: (See County Water & Sewer Districts) "J" JAIL: (See Sheriff) "L" LEGAL DEFENSE OF INDIGENTS: (See Also Assigned Counsel or Public Defender) LEGISLATION REQUESTED; SUPPORT RESOLUTIONS: Appalachian Development Highway System (Corridor U-1 I-99 and Corridor T I-86), Requesting Governor and State Legislature Advance Funding and Expedite Timetables 123 Corridor Studies of Extension South of SR 408 and Extension East of SR 243, Memorializing State Legislature 171 Correspondence, Town of Nunda Board, Support Gas Prices, Andover’s Resolution to Seek Relief, Correspondence Genesee River Hazard Mitigation Project, State Rte. 19 Erosion Protection, Towns of Amity and Belfast (See Also Res. No.116-07): Correspondence from Assemblyman Giglio to Governor Spitzer Urging Release of State Funds to Match FEMA Funding Soil & Water Conservation District Press Release Regarding State Matching Funds Released Medicaid: FMAP Increase to Provide NY Counties with Property Tax Relief, Calling on NY Congressional Delegation to Support 166 129 85,178 221 165 55 75 172 437 2008 PROCEEDINGS INDEX RES. New York State Property Taxpayers Protection Act, Property Tax Reform, Supporting Passage of Legislation 72 Oil and Gas Resource Development in State: Urging State to Establish Policies that will Assist 25 Senator Catharine Young Correspondence Town of Andover’s Resolution, Correspondence Urging State to Modify Law and Regulations so as to Assist 136 Urging NYS DEC to Implement Variance in Regulations on Drilling 185 NYS Oil Producers Paul Plants, Privilege of Floor Correspondence (NYS DEC, Gunner) Open Burning Prohibition Statewide, Proposed DEC Rule Change, Resolution Opposing 103 Preschool Special Education Program, Urging State to Remove Counties from Fiscal and Programmatic Responsibility 150 Public Assistance and Juvenile Detention Facilities Costs, Urging State Legislature to Oppose Proposed Shift of State’s Historic Share to Counties 41 Retiree Health Insurance Protection Taskforce, Proposed Legislation, Supporting NYSAC’s Memorandum in Opposition 102 Retirement and Social Security Law Section 211 Waiver Requirements Amendment, Requesting Governor Disapprove Legislative Bill as Detrimental to Law Enforcement and Public Safety 135 Sheriff Appointment of Andrew Chamberlain as Deputy Sheriff (Home Rule Legislation), Approval of State Legislative Bill, DEFEATED State Programs, Calling on Governor and State Legislature to: End Practice of Passing Costs to Counties 42 Correspondence (Senate Majority Leader Skelos) Reduce State Spending Without Shifting Costs to Counties 195 Correspondence (Senator Young) Text Messaging while Driving, Requesting Legislation Prohibiting 87 Volunteer Firefighter and Ambulance Workers’ Benefits: Supporting Adoption of Bill Providing Expanded Coverage 145 Supporting Adoption of Bill Providing Special Unit within Workers’ Compensation Board to Assist Injured, Spouses, Beneficiaries 146 LEGISLATORS, BOARD OF: Appointments: Chairman (Crandall) Emergency Interim Successor (Hall) Majority Leader Designated (Reynolds) Minority Leader Designated (McCormick) Standing Committee Assignments (List on Page V) Vice Chairman (Dibble) Clerk of the Board’s Office: Transfer of Funds: From Central Service Copying Compensation Table – 2008 Government Interns, BOCES Students, Recognized Meetings: Organization Meeting, 2009 Date Set Proclamations by Chairman: (See Proclamations Section) Rules: Suspended, Proposed Resolutions at Organization Meeting 1 2 PAGE 77 25 62 176 139 189 184 233 102 159 45 101 138 45 46 165 196 233 89 154 155 1 5 7 7 7 1 202 205 8,330 8 235 239 236 239 438 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RES. PAGE Salary for Board Members, Majority Leader, Minority Leader, and Chairman, 2009: 205 Included w/ Budget Public Hearing Notice 168 Standing Committees & Special Ad Hoc Committees: Assignments (List on Page V) County Comprehensive Planning Committee Members Appointed Court Facilities Financial Impact Ad Hoc Committee Appointments Transfer of Funds: Within 203 LIBRARIES: Proclamation: Library Card Sign-Up Month – September 2008 LOCAL LAWS: Intro. No. 1-2008 4 33 9 9 33 35 110 116 110 111 120 123 A Local Law to Allow Cold War Veterans a Limited County Tax Exemption Pursuant to Section 458-b of the Real Property Tax Law Introduction Public Hearing, Date Set Public Hearing, Held Adoption, TABLED 09/08/08 Adoption (Local Law No. 3-08) Intro. No. 4-2008 159 A Local Law to Provide Increases in the Compensation of Certain County Officers (Public Defender) Introduction Public Hearing, Date Set Public Hearing, Held Adoption (Local Law No. 2-08) Intro. No. 3-2008 7 4 208 206 A Local Law Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over Introduction Public Hearing, Date Set Public Hearing, Held Adoption (Local Law No. 1-08) Intro. No. 2-2008 209 177 144 156 152 153 157 159 165 A Local Law to Provide Increases in the Compensation of Certain County Officers Introduction Public Hearing, Date Set Public Hearing, Held Adoption (Local Law No. 4-08) 167 180 176 176 184 186 439 2008 PROCEEDINGS INDEX RES. PAGE "M" MEDICAID REFORM: (See Also Legislation Requested) MEDICAL EXAMINERS & CORONERS: Annual Report – 2008 255 MEDICAL TRANSPORTATION: (See Public Health Air Medical Services or Social Services Non-Emergency Medical) MEMORIALS: (See Proclamation Section) MENTAL HEALTH: (See Community Services) MERCY FLIGHT: (See Public Health Air Medical Services) MICRO-ENTERPRISE BUSINESS PROGRAM: (See ACCORD or Development) MORTGAGE RECORDING TAX: (See County Clerk or Tax) MOTOR VEHICLE BUREAU: (See County Clerk) MUTUAL SELF-INSURANCE PLAN: (See Workers’ Compensation Mutual Self-Ins.) "N" NATURAL RESOURCES: (See Environmental Conservation or Reforestation or Soil & Water Conservation) NEW YORK STATE DEPT. OF ENVIRONMENTAL CONSERVATION: (See Environmental Conservation) NEW YORK STATE DEPT. OF TRANSPORTATION: (See Public Works) "O" OFFICIAL NEWSPAPERS: Sole Designation for Period of August 1-12, 2008 Sole Designation for Week of December 28, 2008 OIL AND GAS RESOURCE DEVELOPMENT IN STATE: Urging State to Establish Policies that will Assist Senator Catharine Young Correspondence Town of Andover’s Resolution, Correspondence Urging State to Modify Law and Regulations so as to Assist Urging NYS DEC to Implement Variance in Regulations on Drilling NYS Oil Producers Paul Plants, Privilege of Floor Correspondence (NYS DEC, Gunner) 118 226 124 227 25 25 62 176 139 189 184 233 136 185 OPEN SPACE ADVISORY COMMITTEE: (See Environmental Conservation) 440 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RES. PAGE "P" PARKS: (See Recreation or Reforestation) PERSONNEL: (See Human Resources and Civil Service) PHYSICALLY HANDICAPPED CHILDREN’S PROGRAM: (See Public Health) PLANNING: Comprehensive Plan for Allegany County: Comprehensive Plan Committee: Appointments Committee Dissolved 125 Comprehensive Plan Implementation Group Created 125 Appointments Draft Plan Presented to Board State Environmental Quality Review Act (SEQRA): Lead Agency Status Proposed (County); Notification of Involved Agencies; Preparation of Environmental Assessment Form 68 Determination of No Significant Environmental Impact 100 Public Hearing: Date Set 101 Held Approved 124 Lease of Property from IDA for Office Space, Crossroads Commerce & Conference Center, 04/15/08-04/14/13 65 Planning Board: Annual Report – 2008 Members Appointed Confirmed by Board 22,82 Training for Planning Board Members 8 Waiver of Training for Veteran Members, 2008 184 Transfer of Funds: Within (Liaison Expenses) 107 4 131 131 143 60 72 100 100 109 130 67 278 7,75 23,85 12 188 107 POLICIES: (See Human Resources or Work Rules or Specific Topic) PRESENTATIONS, SPECIAL RECOGNITION: (See Proclamation Section) PRIVATE INDUSTRY COUNCIL (PIC): (See Employment & Training) PROBATION: Alternatives to Incarceration Service Plan Updates for 2008 Annual Report – 2008 Bullet-Proof Vests, Senator Young Member Item Funding Accepted Juvenile Detention Facilities and Public Assistance Costs, Urging State Legislature to Oppose Proposed Shift of State’s Historic Share to Counties Transfer of Funds: Within (Printers, Laptops, Shredder, Bulletproof Vests) 49 172 50 279 179 41 45 240 241 PROCLAMATIONS, MEMORIALS, AND SPECIAL RECOGNITION: (See Also Human Resources or Individual Departments for Employee Recognition) Agricultural Environmental Management Week – August 24-30, 2008 Alfred, Town of, Bicentennial Celebration – March 11, 2008 151 45 441 2008 PROCEEDINGS INDEX RES. Allegany County Area Foundation Month – September 2008 Boys Nation Delegate, Cariad Chester Recognized Breastfeeding Week – August 1-7, 2008 Career Awareness Day – March 26, 2008 Centerville, Town of, Bicentennial Celebration – July 19 Child Support Month – August 2008 Crime Victims’ Rights Week, Senator Young’s Proclamation Dairy Month – June 2008 Developmental Disabilities Awareness Month – March 2008 Domestic Violence Awareness Month – October 2008 Family Caregivers’ Month – November 2008 Health, Board of, Member Catherine Richmond Recognized Library Card Sign-Up Month – September 2008 Luncheon Center Manager Bertha Muench Recognized at Retirement for 16 Years of Service Mental Health Month – May 2008 National Senior Health and Fitness Day – May 28, 2008 Older Americans Month – May 2008 Veterans’ Day – November 11, 2008 Volunteer Week, April 27 through May 3, 2008 Weights and Measures – Balancing the Marketplace Week – March 1-7, 2008 Winter Weather Awareness Week – October 26-November 1, 2008 Woman of Distinction Award, NYS Senate’s Honorary Program – 2008 Recipient Recognized – Former Legislator Delores Cross World War II Veteran Joseph Marra Awarded Bronze Star Medal PROPERTY TRANSFERS: Property) PAGE 152 150 129 54 128 143 59 100 45 165 201 233 159 84 85 89 84 201 76 39 185 120 33 (See Tax Sale Property or Public Works County Owned PUBLIC DEFENDER: (See Also Assigned Counsel or Legal Defense of Indigents) Annual Report – 2008 281 Personnel: Assistant Public Defender, Full-Time Position Created; Two Part-Time Assistant Public Defender Positions Abolished 114 119 PUBLIC HEALTH: Air Medical Services, Contract (Mercy Flight, Inc.), 2008 14 Mercy Flight Civic Advisory Committee Appointments Allegany County Cancer Services Presentation, Privilege of Floor Allegany/Western Steuben Rural Health Network: (See Section by that Name) Annual Report – 2008 Board of Health: Members Appointed 183 Member Catherine Richmond Recognized for Service Cancer Screening: Allegany County Cancer Services/Colors for Life, Privilege of Floor NYS Department of Health Additional Funding Accepted 120 Family Planning: NYS Department of Health Reproductive Health Services Grant Accepted/Appropriated 86 Forensic Pathology Services, Intermunicipal Agreement with Monroe County Medical Examiner’s Office, 01/01/08-12/31/10 59 16 89 121,207 272 188 233 128 126 87 57 442 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RES. Handicapped Children’s Program: Computer Software Support & Modification Agreement Approved (James McGuinness & Associates) 109 Education Programs/SEIT/Evaluations, Preschoolers w/ Disabilities: 2007-08 Agreement: Cattaraugus-Allegany BOCES, (See Also Res. No. 257-07) 52 2008-09 Agreements: Pathways, and Kid-Start (Livingston-Wyoming ARC) 194 Preschool Special Education Program, Urging State to Remove Counties from Fiscal and Programmatic Responsibility 150 Transportation Agreements Approved, 2008-09 131,155 Home Health Care Agency and Long Term Home Health Care Program: Professional Services Agreement (Western Region Health Corp.) 98 Sale of Assets Agreement (Western Region Health Corp.) 99 Human Services Transportation Plan: (See Allegany/Western Steuben Rural Health Network) Lead Poisoning Prevention Program: Cattaraugus County Inter-Municipal Agreement Approved, 2008 53 2009 Agreement 245 Licensed Home Care Services Agency (LHCSA): Operating Certificate, Supporting Application (Well Baby and Welcome Baby Program Expectant Mother & Baby Home Visits) 69 Personnel: 03/08 Employee of the Month (L. Hennessy) Clinic Secretary Position Created 182 Supervisor Public Health Education, Non-Unit Grade 6, Moved to PEF Union Salary Plan 126 Physically Handicapped Children’s Program: (See Handicapped Children) Proclamations: Breastfeeding Week – August 1-7, 2008 Tobacco: Adolescent Tobacco Enforcement and Prevention (ATUPA), Contract w/ NYS DOH for Services; Acceptance of Grant to Enforce Clean Indoor Air Law 35 Transfer of Funds: Within Special Education 173 Within: Forecasted Expenditures; Altreya Efficiency Studies 214,215 Within Nurses Account; Between Long Term Health, Medical Examiners, and Lead 228 PAGE 108 52 196 159 135,163 97 97 52 243 72 39 187 132 129 37 180 217 228 PUBLIC TRANSPORTATION: (See Bus Transportation) PUBLIC WORKS: Annual Report – 2008 Bridges, County: Belfast, CR 16 over Genesee River, BIN 3060090, PIN 6754.08: 2009 Capital Project Account Established for Replacement Auth. Impl. & Funding in First Inst. 100% Federal Aid & State Marchiselli Aid Eligible Costs, Appropriation of Funds 282 160 168 163 170 443 2008 PROCEEDINGS INDEX RES. Bridges, Town & Village: Birdsall, Local Bridge No. 09-01, McMahon Road, Town Resolution Cuba, Town Bridge No. 15-16, BIN 2214570, Farnsworth Road: County Road Repair Reserve, Use of Funds to Help Finance, Public Hearing, Set Public Hearing,Held Reconstruction Approved Funds Appropriated for Reconstruction; Transfer of Funds from County Road Repair Reserve and Contingent Account Wellsville, Town Bridge No. 26-16, BIN 2215130, Truax Road: Reconstruction Approved Supplemental Agreement #2 Approved w/ NYS DOT, PIN 6753.75 for Construction Phase and to Amend Funding County Owned Property, Buildings & Equipment: (See Also Courts/Court Facilities Section) Amity: Lease, Agricultural Purposes (Francisco) Friendship: Lease, Agricultural Purposes (Francisco) Courts: (See Also Courts/Court Facilities Section) Unified Court System, Maintenance and Operation, Contract Renewal, 04/01/08-03/31/13 Highways, County: Consolidated Highway Improvement Program (CHIPS) Funds: Increased SFY 08-09 Funding Accepted Snow Removal & Ice Control (See Separate Section) PAGE 165 43 44 47 54 48 57 56 29 28 30 29 93 93 93 93 220 219 91 93 Highways, State: Appalachian Development Highway System (Corridor U-1 I-99 and Corridor T I-86), Requesting Governor and State Legislature Advance Funding and Expedite Timetables 123 Corridor Studies of Extension South of SR 408 and Extension East of SR 243, Memorializing State Legislature 171 Correspondence, Town of Nunda Board, Support Genesee River Hazard Mitigation Project, State Rte. 19, Towns of Amity and Belfast (See Soil & Water Conservation District) Personnel: Deputy Superintendents Reappointed by Superintendent Roeske, Deputy Superintendent I (Mancuso) and II (James) Employee Recognition: 30 Years of Service (T. Allen) 30 Years of Service (R. Francis) 30 Years of Service (J. Hooker) 30 Years of Service (F. Karnes) 30 Years of Service (D. Santangelo) Heavy Motor Equipment Operator 1 Position Created; Motor Equipment Operator/Welder Position Abolished; Motor Equipment Operator 1, Two Positions Created; Motor Equipment Operator, Two Positions Abolished 55 Superintendent Reappointed (Roeske) 157 129 85,178 221 175 184 184 184 184 184 55 167 444 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Real Property – Purchase, Rental, or Lease by County: Crossroads Commerce and Conference Center: Development, Planning, Tourism, & Emergency Services EMT Training and Storage, Lease of Property from IDA, 04/15/08-04/14/13 Memorandum of Understanding with IDA for Development of Additional Space for Office for the Aging, Veterans’ Service Agency, and NY Connects Single Point of Entry Public Works: Stockpile Purposes, Lease of Land from Duane and Terry Gelser, Birdsall, 01/15/08-01/14/13 Snow Removal & Ice Control Contracts w/ Towns: Town of Alma, Miles of Road Revised, Amendment, 2008-09 Snow Season through May 15, 2010 Town of Bolivar, Contract Added, 2008-09 through 2009-10 Snow Seasons Solid Waste: Landfill: Fees: User Fees Established for 2009: Residential Tipping Fees, Increasing for 2009 DEFEATED Leachate Disposal Agreements: Bolivar (Village) and Caneadea (Town), 2008 Friendship (Town), 2008 Caneadea and Friendship (Towns), and Bolivar, Cuba, and Wellsville (Villages), 2009 Purchase of Tonnage Capacity Agreements: LaForge Disposal Service, 2009 Solid Waste Hearing Board, Members Appointed Recycling: Construction & Demolition Debris, Hauling & Recycling: Agreement (LaForge Disposal, Six-Month Trial) Transfer of Funds from Contingent for Six-Month Trial Household Hazardous Waste State Assistance Program, Application & Contract Authorized RES. PAGE 65 67 66 69 17 17 96 95 97 96 151 161 77 19 39 19 41 178 182 219 219 6 94 58 94 57 56 55 Traffic Safety Board: (See Section by that Name) Transfer of Funds: Buildings & Grounds, Within (Parking Lot Repairs) 241 Capital Project Account from County Road Repair Reserve and Contingent (Reconstruct Town Bridge No. 15-16 in Cuba) 57 County Road Engineering Account, Within 217 County Road Snow Removal Account from Capital Project Account (Sand and Salt) 216 From Contingent for Construction & Demolition Debris Six-Month Trial w/ LaForge Disposal 58 Solid Waste: From Buildings & Grounds (Truck Repair, Landfill) 242 Within 165,191 242 56 218 218 57 242 172,194 445 2008 PROCEEDINGS INDEX RES. PAGE Water Districts: (See County Water and Sewer Districts) PURCHASING: (See Also Individual Departments) "R" RAILROAD AUTHORITY, CHAUTAUQUA, CATTARAUGUS, ALLEGANY & STEUBEN SOUTHERN TIER EXTENSION: Members Appointed 143 Confirmed by Board 152 162 REAL PROPERTY TAX SERVICE AGENCY: (See Tax) RECREATION: (See Also Environmental Conservation or Reforestation or Soil & Water Conservation) Rushford Lake Swimming Area: Lease Approved, County Administrator Designated for Operation 32 Snowmobilers, Allegany County Federation: Agreement, State Grant Appropriation 54 WAG Trail: Senator Young Correspondence Regarding Status REFORESTATION: (See Also Environmental Conservation or Recreation or Soil & Water Conservation) Annual Report – 2008 Forest Practice Board Members Appointed Confirmed by Board 21,158 REPORTS, ANNUAL: Aging, Office for the Community Services Cornell University Cooperative Extension Coroners County Administrator County Attorney County Clerk County Historian County Treasurer Development District Attorney Dog Licensing Fund Elections, Board of Emergency Services, Office of Employment & Training Fire Service Health Human Resources and Civil Service Industrial Development Agency Information Technology Parks & Reforestation Planning Board Probation Public Defender Public Works 31 53 89 277 7,151 23,167 252 253 254 255 256 258 260 262 293 263 264 266 268 269 270 271 272 273 275 276 277 278 279 281 282 446 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RES. Real Property Tax Service Agency Sheriff Social Services Soil & Water Conservation District STOP DWI Tourism Veterans’ Service Agency Weights & Measures Workers’ Compensation Youth Bureau PAGE 283 284 285 286 287 288 289 290 291 292 RESOLUTIONS: Indexed by Subject Matter Numerical Listing 412 443 RESOURCE CONSERVATION & DEVELOPMENT BOARD, SENECA TRAIL: Members Appointed 5,143 RETIREMENT: (See Also Human Resources or Work Rules) REVOLVING LOAN FUND PROGRAM: (See ACCORD or Development) RULES, COUNTY BOARD: (See Legislators, Board of) RULES, OPERATING: (See Work Rules) RUSHFORD LAKE: (See Recreation) "S" SALARY PLAN (BARGAINING UNIT): (Titles Added; Titles Deleted; Grades Changed; See Also Individual Departments for Positions Created and Abolished; See Labor Relations for Union Contracts) County Clerk: Motor Vehicle Cashier/Examiner and Senior Motor Vehicle Cashier/Examiner Upgraded 127 132 District Attorney: Crime Victims Coordinator Position Removed from Section 4 and Moved to PEF Union Salary Plan 232 237 Employment & Training: Employment & Training Counselors (Grade 15), Four Positions Reclassified to Senior Employment Counselors (Grade 17); Senior Counselor Position Abolished; Employment & Training Counselors, Four Positions Abolished 128 133 Health: Supervisor Public Health Education, Non-Unit Grade 6, Moved to PEF Union Salary Plan 126 132 SALARY PLAN (NON-BARGAINING UNIT): (Titles Added; Titles Deleted; Grades Changed; See Also Individual Departments for Positions Created and Abolished) County Administrator: Deputy County Administrator Position Created, Section 4 169 177 District Attorney: Crime Victims Coordinator Position Removed from Section 4 and Moved to PEF Union Salary Plan 232 237 Health: Supervisor Public Health Education, Non-Unit Grade 6, Moved to PEF Union Salary Plan 126 132 447 2008 PROCEEDINGS INDEX Sheriff: E-911 Enumerator, Part-Time Position Created, Section 4 Undersheriff, Moved from Grade 10 to Grade 11 (Step 8) Rescinded RES. PAGE 147 208 233 155 213 238 SALARY SCHEDULES: (See Also Labor Relations for Union Contracts) Compensation of County Officers & Employees, (Unit, Non-Unit, Section 4): 2008: Amending Resolution No. 242-07, Increasing Salary of First Assistant County Attorney 38 Amending Resolution No. 242-07, Decreasing Salary of Second Assistant County Attorney 70 Amending Resolution No. 242-07, Increasing Salary of Third Assistant County Attorney 88 2009: 205 Increments Granted (Unit, Non-Unit), 07/01/08 111,161 Legislative Board Members’ Salaries, 2009: 205 Included w/ Budget Hearing Notice 168 Officers, Increases in Compensation, (See Also Local Laws) Local Law No. 2-08 (Public Defender) 116 Local Law No. 4-08 180 Public Defender, Full-Time Assistant, Salary Set 114 Salary Grade Schedule (Non-Unit), 2009, Amending Res. No. 297-75 206 Sheriff: Part-Time Correction Officers Pay Range Increased 71 SENECA TRAIL RESOURCE CONSERVATION & DEVELOPMENT: Conservation & Development) SEQRA (State Environmental Quality Review Act): Comprehensive Plan for Allegany County: Lead Agency Status Proposed (County); Notification of Involved Agencies; Preparation of Environmental Assessment Form Determination of No Significant Environmental Impact Noble Allegany Windpark, Centerville and Rushford: Notice of Completion and Draft Environmental Impact Statement Filed by Noble Environmental Power Wellsville, Town of, Lead Agency Designation for Development of Walmart Supercenter in Wellsville 68 100 SHERIFF: Annual Report – 2008 Courts, Unified Court System, Security Agreement, Renewal, 04/01/08-03/31/09 193 Drug Enforcement Program: (See Southern Tier Task Force) E-911 Dispatch: Member Initiative Funding Accepted (911 Software Equipment) 90 Public Safety Interoperable Communications (PSIC) Grant, Acceptance of Funds Contingent on Identifying Source for Local Share 143 Correspondence in Support TABLED (08/11/08 Meeting) 41 76 90 209 111,168 210 177 123 186 119 212 77 (See Resource 72 100 39 44 284 195 92 152 143,151 147 448 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RES. Homeland Security: Law Enforcement Terrorism Prevention Program, Regional Response Teams Grant (Communication System Enhancement): Agreement Approved, Funds Accepted ($46,700, Contract No. T838272, 07/01/07-06/20/10) 80 Funds Reappropriated from 2007 (Res. No. 83-07, $24,800, Contract No. C838262, 07/01/06-06/30/08) 75 Member Initiative Funding Accepted (Priority Dispatch Software) 164 Jail: Dental Care for Inmates and Detainees, Agreement (Dentrust Dental New York) 179 Food Products Sale Contract with NYS Department of Correctional Services’ Office of Nutritional Services, 05/01/08-04/30/11 81 Working Inmate Program, Presentation Outstanding Citizen Awards: Sobeck, Robert, for Service to Community during 11/19/07 Armed Robbery in Wellsville Personnel: Correction Officer Position Created 46 Correction Officer Position Created; Corrections Sergeant Position Created; Deputy Sheriff Position Abolished 129 Correction Officer Position Created, WITHDRAWN Correction Officer Position Created; Deputy Sheriff Position Abolished 209 Deputy Sheriff, Appointment of Andrew Chamberlain, (Home Rule Legislation), Approval of State Legislative Bill, DEFEATED E-911 Enumerator, Part-Time, Position Created 147 Employee Recognition: 02/08 Employee of the Month (Deputy K. Ross) 04/08 Employee of the Month (Deputy D. Hanchett) 30 Years of Service (D. Bentley) 30 Years of Service (C. Butler) 30 Years of Service (R. Fontaine) Part-Time Correction Officers Pay Range Increased 71 Sheriff Deputy Sergeant Position Created; Corrections Sergeant Position Abolished (See Also Res. #129-08) 234 Undersheriff, Moved from Grade 10 to Grade 11 (Step 8) 208 Rescinded 233 Southern Tier Task Force Drug Enforcement Program: Chautauqua County, Agreement Approved 78 Municipal Cooperative Contract Approved (Pool) (Counties of Allegany, Cattaraugus, and Chautauqua, and Cities of Olean and Salamanca) 79 Transfer of Funds: Jail from Contingent (Inmate Supplies) 77 Jail from Sheriff Admin. and Contingent; Sheriff from Contingent 176 Sheriff from Contingent (Scheduling Software) 192 Wireless 911 (Local Enhanced) Grant Program Agreement, Reimbursement of Eligible Costs for Provision of Wireless 911 Services (Administered through Fire Coordinator) 149 SNOWMOBILERS, ALLEGANY COUNTY FEDERATION: (See Recreation) PAGE 82 79 171 172,183 82 89 39 49 134 188 213 45 155 21 54 184 184 184 77 239 213 238 80 81 80 181 195 156 449 2008 PROCEEDINGS INDEX SOCIAL SERVICES: Annual Report – 2008 Appropriation and Revenue Accounts Adjusted Human Services Transportation Plan: (See Allegany/Western Steuben Rural Health Network) Personnel: Employee Recognition: 30 Years of Service (K. Young) Child Support Unit Staff Recognized Proclamations: Child Support Month – August 2008 Public Assistance and Juvenile Detention Facilities Costs, Urging State Legislature to Oppose Proposed Shift of State’s Historic Share to Counties RES. PAGE 201 285 204 184 140 143 41 SOIL & WATER CONSERVATION DISTRICT: Agricultural Districts: (See Section by that Name) Annual Report – 2008 Board Appointment, Legislative Member 113 Executive Director Fred Sinclair Recognized at Retirement for 30 Years of Service Genesee River Hazard Mitigation Project, State Rte. 19, Towns of Amity and Belfast (See Also Res. No. 116-07): Correspondence from Assemblyman Giglio to Governor Spitzer Urging Release of State Funds to Match FEMA Funding Soil & Water Conservation District Press Release Regarding State Matching Funds Released Advancement of Funds Pending Grant Reimbursement, Agreement between County and Soil & Water Cons. Dist. 133 Proclamation: Agricultural Environmental Management Week – Week of August 24, 2008 45 286 118 109 55 75 136 151 SOLID WASTE: (See Public Works) SOUTHERN TIER EXTENSION RAILROAD AUTHORITY: (See Railroad) SOUTHERN TIER WEST REGIONAL PLANNING & DEVELOPMENT BOARD: Members Appointed Confirmed by Board 83 STOP DWI (SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED): Annual Report – 2008 Personnel: Coordinator Appointed (Aumick) STOP DWI Plan Approved, 2009 218 SUPPORT RESOLUTIONS: (See Legislation Requested/Support Resolutions) 76 85 287 6 218 450 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RES. PAGE "T" TABLES, STATISTICAL: Dog Licensing Fund Monies, Apportionment Equalization & Apportionment Legislators’ Compensation Table Mortgage Tax Apportionment Tables Special District Valuation Town and County Tax Rates, as Spread Town and County Tax Rates, Special Districts Town Budgets, Summaries Town Officers, Salaries Workers’ Compensation (Mutual Self-Insurance Plan) Budget and Apportionment TAX: (See Also Tables) Assessment Rolls Approved; Authorizing Warrants and Delivery of Rolls to Collecting Officers 223 Centralized Property Tax Administration Program (CPTAP), Study of County-Wide Assessing Program, Grant Funds Accepted 62 Correspondence: Town of Genesee, Opposing Adoption of a County Assessing System Centralized Tax Collection County Level Database: State Grant Funds Accepted to Prepare a Study to Implement 26 Chargebacks to Towns, Tax Supplies 224 Delinquent Tax Liens: Certificates of Withdrawal Filed Exemptions: Cold War Veterans, Limited County Real Property Tax Exemption, Local Law No. 3-08 156 Persons Sixty-Five Years or Older w/ Limited Annual Income Partial Real Property Tax Exemption, Local Law No. 1-08 (Amending Local Law No. 4-87) 33 Levies: County Taxes 222 Returned School Taxes 200 Returned Village Taxes 199 Town Levy 225 Unpaid Sewer and Water Rents 198 Mortgage Recording Tax: Apportionment 104,196 Apportionment Tables Town & Village Payment from Additional Mortgage Tax Fee Retainage by County Clerk 105,197 New York State Property Taxpayers Protection Act, Property Tax Reform, Supporting Passage of Legislation 72 Real Property Tax Service Agency Office: Annual Report – 2008 Personnel: Employee Recognition: 30 Years of Service (L. Windus) 266 332 330 326,327 331 333 334 336 335 328 222 66 75 27 223 122,151,175 233 165 35 222 204 204 224 203 103,201 326,327 103,201 77 283 184 451 2008 PROCEEDINGS INDEX Refunds and Correction of Tax Bills and Rolls, Delegating Authority to County Administrator Restoration (Reinstatement) to Taxable Portion of Tax Roll: Amity (Former Belmont School Property): Parcel Sold (Tax Foreclosure) State Programs, Calling on Governor and State Legislature to End Practice of Passing Costs to County Government and Property Taxpayers Correspondence (Senate Majority Leader Skelos) TAX ROLLS, ERRORS & CORRECTIONS: Abbey, Eugene N. & Carol (Scio) Austin, Judith (Andover) Austin, William R. (Andover) Baker, Michael (Wellsville) Baker, Peggy A. (Cuba) Barber, Keith & Shirley (Wirt) Benson, Irvine S. (Angelica) Brotz, Edward & Joyce (Wirt) Columbia Gas Transmission Corp. (Independence) Davison, Carol (Amity) Dust Bowl Oil Co. (Wirt) Edwards, Donald & Edwards, Brian (Andover) Forestlands, Inc. (Wirt) Fura, Lawrence B. & Margaret (Caneadea) Hollister, David & Dunford, Marjorie (Amity) Hotchkiss, Joan M. & Lovelace, Sharron R. (Grove) Incognito, David & Cynthia (Belfast) Jones, Darren (Wellsville) Jones, Robert C. (Scio) Kendall, David A. c/o Wells Fargo (Alfred) Menichino, Joseph A. & Elizabeth (Alfred) Paonessa, Louis J. (Alma) Patton, Barbara J. (Almond) Reiss, Dona & Lloyd, Jeffery (Clarksville) Reiss, Dona & Lloyd, Jeffery & Owen, Paula (Clarksville) Richardson Brothers (Scio) Rowley, Sandra (Cuba) Shaffer, Kenda (Alma) Shaffer, Kris Ross, c/o Lloyd, Jeffery & Owen, Paula (Clarksville) Sheffield, Ronald W. (Scio) Taylor, Rick (Willing) Trathen Land Co., LLC (Grove) Viavada, Ronald E. & Henrietta (New Hudson) TAX SALE PROPERTY, SALE OR TRANSFER OF: 2008 Tax Sale Properties, Sale Approved Municipal Bids: Alfred (Village): Sale of Tax Land Andover (Village): Sale of Tax Foreclosure Property Clarksville Fire Department: Sale of Tax Foreclosure Property Redemption or Reacquisition of Tax Parcels, Policy Established RES. PAGE 237 240 5 10 42 46 165 61 61 61 186 106 61 89 186 106 61 6 89 227 106 186 119 84 64 64 64 200 34 191 84 106 99 65 61 91,121 158 84 191 99,105 65 84 11 84 91 228 84 84 106 61 61 84 121 192 125 61 112 112 84 60 60 117 86 62 62 123 452 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RES. PAGE TOBACCO AWARENESS: (See Public Health) TOURISM: Annual Report – 2008 Citizens Advisory Committee on Tourism: Members Appointed Lease of Property from IDA for Office Space, Crossroads Commerce & Conference Center, 04/15/08-04/14/13 65 Tourist Promotion Agency, Apply for State Funds, Ways and Means Committee Authorized 162 Travel and Outdoor Guide: 2008 Guides Presented Printing of the 2009 Guides, Agreement (Hess Printing Solutions) 229 TRANSFER OF FUNDS: Aging: Within Accounts 64,92,190 Appropriation Accounts, Year-End Balancing of Accounts (See Certification Attached) 246 Clerk of the Board: From Central Service Copying 202 County Administrator: From Contingent (Crossroads Lease) 108 County Attorney: Within (Desk) 122 County Clerk: Within 174 Development: From Contingent (County Comprehensive Plan) 27 Within (Computer Equipment) 107 Elections: From Contingent (HAVA Requirements) 130 Emergency Services: Homeland Security Revenue Account, from Fire Prevention 115 Within (EMS Training Space Rental) 47,76 Employment and Training: Within 175 Fire Prevention: To Emergency Srvcs. Homeland Security Revenue Account 115 Health: Within Special Education 173 Within: Forecasted Expenditures; Altreya Efficiency Studies 214,215 Within Nurses Account; Between Long Term Health, Medical Examiners, and Lead 228 Intrafund Transfers Approved by County Administrator, Monthly Reports Legislative Board: Within 203 Planning: Within (Liaison Expenses) 107 Probation: Within (Printers, Laptops, Shredder, Bulletproof Vests) 240 Public Works: Buildings & Grounds, Within (Parking Lot Repairs) 241 Capital Project Account from County Road Repair Reserve and Contingent (Reconstruct Town Bridge No. 15-16 in Cuba) 57 County Road Engineering Account, Within 217 County Road Snow Removal Account from Capital Project Account (Sand and Salt) 216 From Contingent for Construction & Demolition Debris Six-Month Trial w/ LaForge Disposal 58 Solid Waste: From Buildings & Grounds (Truck Repair, Landfill) 242 Within 165,191 288 6,44 67 169 39 229 67,93,194 244 205 107 127 180 27 107 134 119 49,80 180 119 180 217 228 8,61,84,99 121,142,158 175,200,221 206 107 241 242 56 218 218 57 242 172,194 453 2008 PROCEEDINGS INDEX Risk Retention Accounts: Between Sheriff: Jail from Contingent (Inmate Supplies) Jail from Sheriff Admin. and Contingent; Sheriff from Contingent Sheriff from Contingent (Scheduling Software) Workers’ Compensation: Within RES. PAGE 148 77 176 192 239 156 80 181 195 241 TRANSPORTATION: (See Bus or Public Health Air Medical or Public Health Handicapped Children or Social Services Non-Emergency Medical) "V" VEHICLES: (See County Vehicles) VETERANS’ SERVICE AGENCY: Annual Report – 2008 Cold War Veterans, Limited County Real Property Tax Exemption, Local Law No. 3-08 Crossroads Commerce and Conference Center, Memorandum of Understanding with IDA for Development of Additional Space for Relocation of Office for the Aging, Veterans’ Service Agency, and NY Connects Single Point of Entry Personnel: Director Appointed (Spillane) Confirmed by Board Proclamation: Veterans’ Day – November 11, 2008 Vietnam Veterans’ Memorial Moving Wall in Allegany County, Gratitude Expressed to Those Involved World War II Veteran Joseph Marra Awarded Bronze Star Medal 289 156 165 66 69 20 7 22 201 88 33 "W" WAG TRAIL: (See Recreation) WATER DISTRICTS: (See County Water and Sewer Districts) WEIGHTS & MEASURES: Annual Report – 2008 Proclamations: Weights and Measures – Balancing the Marketplace Week – March 1-7, 2008 WELLSVILLE: Walmart Supercenter Development, Town of Wellsville Lead Agency Designation for SEQRA Purposes WIND ENERGY CONVERSION SYSTEMS: Noble Allegany Windpark, Centerville and Rushford: Notice of Completion and Draft Environmental Impact Statement Filed by Noble Environmental Power Transmission Line, Centerville/Yorkshire, Article VII Application Filed Supplement for Certificate of Environmental Compatibility and Public Need for Construction and Operation of Trans. Line 290 39 44 39 122 158 454 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS RES. Final Environmental Impact Statement (FEIS) Accepted by Town, Notice of Completion and FEIS Filed by Noble PAGE 175 WORK RULES, POLICIES, & FRINGE BENEFITS: (See Also Human Resources or Insurance or Salary Sections) County Vehicle Usage Policy Amendment 221 221 WORKERS’ COMPENSATION MUTUAL SELF-INSURANCE PLAN: Annual Report – 2008 Budget and Apportionment for 2009, Filed Levying Towns’ Share, 2009 Personnel: Executive Secretary Appointed (Dillon) Transfer of Funds: Within 213 291 121,328 216 239 8 241 WORKFORCE INVESTMENT BOARD (WIB), CATTARAUGUS-ALLEGANY: (See Also Employment and Training) Members Appointed 4,76,122,165 WIB Youth Council Members Appointed 76,128 "Y" YOUTH PROGRAMS & SERVICES: Annual Report – 2008 Bicycle Safety Program, Governor’s Traffic Safety Program STEPS in Safety Grant: Reappropriation of Unexpended 2007 Calendar Year Funds (Youth Education & Safety Program) 74 Appropriation of Grant Funds, Fiscal Year 10/01/08-09/30/09 238 Resource Allocation Plan w/ Office of Children and Family Services Approved, Providing for Appropriation of Funds when Subcontracts for Services are Approved, Agreement, 2008 7 Youth Board Members Appointed Confirmed by Board 45 292 79 241 12 35 49 455 2008 PROCEEDINGS INDEX RESOLUTIONS 2008 Res. No. Page No. JANUARY 2, 2008 1-08 2-08 3-08 Reappointment of Legislator Curtis W. Crandall to Chairmanship of Board of Legislators; Authority to Determine Number of Board Members on Committees ................................................................................. 1 Reappointment of Vice Chairman (Dibble) ........................................................... 1 Appointment of Interim County Attorney and Fixing Compensation (Miner) .............................................................................................................. 2 JANUARY 14, 2008 4-08 5-08 6-08 7-08 8-08 9-08 10-08 11-08 12-08 13-08 14-08 15-08 16-08 17-08 18-08 Resolution Setting Date of Public Hearing on a Local Law Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over ............................... 9 Reinstatement of Tax Parcel to Taxable Portion of Assessment Roll (Former Belmont School, Town of Amity) ...................................................... 10 A Resolution Determining that Errors Exist on the 2007 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 ............................................................................................................ 11 Approving and Ratifying 2008 Resource Allocation Plan Agreement with Office of Children and Family Services; Providing for Appropriation of Funds when Subcontracts for Special Delinquency Prevention Program Services are Approved .................................................................... 12 Resolution for Acceptable Training for Planning Board Members ...................... 12 Reappointment of Two Members to Allegany County Community Services Board ............................................................................................... 14 Reappointment of Four Members to the Citizens Advisory Council to the Office for the Aging ........................................................................................ 14 Approval of Board Chairman’s Appointment and Reappointment of Representatives to Allegany County Development Advisory Board ............... 14 Approval of Board Chairman’s Reappointment of Four Members to Region Nine Fish and Wildlife Management Board ........................................ 15 Acceptance of Insurance Payment from NYMIR and Appropriation of Funds to Risk Retention Accounts ................................................................. 15 Approval of Air Medical Services Contract with Mercy Flight, Inc. for 2008 ........ 16 Approval of Agreement with Allegany County Association for the Blind and Visually Handicapped, Inc., in Relation to the Rendering of Service, Training or Aid to Indigent Blind in Allegany County (2008) ............. 16 Approval of Agreement with Volunteer Firemen's Association of Allegany County, Inc., for Payment of 2008 Budgetary Appropriation .......................... 17 Approval and Ratifying Five Year Lease of Land of Duane and Terry Gelser for Department of Public Works Purposes (Property in Town of Birdsall, for Stockpiling of Materials, Period Beginning 01/15/08) .................. 17 Approval of Agreement with Allegany County Agricultural Society for Payment of 2008 Budgetary Appropriation .................................................... 18 456 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Res. No. 19-08 Page No. Approval of Agreements with the Village of Bolivar and Town of Caneadea in Relation to the Disposal of County Landfill Leachate at the Village and Town Waste Water Treatment Plants; Authorizing Board Chairman to Execute Agreements (2008)............................................ 19 JANUARY 25, 2008 20-08 21-08 22-08 23-08 24-08 25-08 26-08 27-08 28-08 29-08 30-08 31-08 32-08 Approval of Board Chairman’s Reappointment of Harvey Scott Spillane as Director of County Veterans’ Service Agency............................................ 22 Approval of Board Chairman’s Reappointment of One Member to the Region Nine Forest Practice Board ................................................................ 23 Appointment and Reappointment of Members to the Allegany County Planning Board............................................................................................... 23 Acceptance of the Insurance Proposal of NYMIR Submitted by Richardson & Stout Insurance Company; Continued Authority of Board Clerk and Personnel Committee to Secure Other Insurance ............... 24 Acceptance of the Insurance Proposal of Merchant’s Mutual Insurance Company Submitted by Humphrey & Vandervoort/ W.H. Greene & Associates, Inc. for Excess Liability Umbrella Coverage; Continued Authority of Board Clerk and Personnel Committee to Secure Other Insurance ....................................................................................................... 25 Urging State of New York to Establish Policies that will Assist the Development of Oil and Gas Resources in the State ..................................... 25 Acceptance of New York State Grant Funds for Preparing a Study to Implement a Centralized County Level Database for Tax Collection Information; Appropriation of Funds ............................................................... 27 Transfer of Funds from Contingent Account to Office of Development Contractual Expenses Account (Cost for Completion of County Comprehensive Plan) ..................................................................................... 27 Reappropriation of 2007 Calendar Year Homeland Security and EMS Council Grant Funds from the State of New York (Emergency Services) ........................................................................................................ 28 A Resolution in Relation to the Reconstruction of Truax Road Bridge BIN 2215130 in Town of Wellsville ........................................................................ 28 Approving Supplemental Agreement No. 2 between County of Allegany and New York State Department of Transportation for the Construction Phase and to Amend the Funding of the Truax Road over Dyke Creek Project (PIN 6753.75) Located in the Town of Wellsville ........................................................................................................ 29 Approval of Memorandum of Agreement with Cornell Cooperative Extension Association of Allegany County and Authorizing Chairman to Execute Memorandum of Agreement; Authorizing County Treasurer to Make Appropriation Payments in Relation to the 2008 Budgetary Appropriation for the Work of Such Association ............................................. 30 Approval of Lease for Rushford Lake Swimming Area; Designating Allegany County Administrator as County Official for Operation of Public Beach .................................................................................................. 31 FEBRUARY 11, 2008 33-08 Adoption of Local Law Intro. No. 1-2008 Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over............................................................... 35 457 2008 PROCEEDINGS INDEX Res. No. 34-08 35-08 Page No. Approval of Board Chairman’s Appointments to Citizens Advisory Council to the Office for the Aging.................................................................. 37 Authorizing Public Health Director to Contract with the New York State Department of Health for Adolescent Tobacco Enforcement and Prevention (ATUPA) Services; Authorizing Acceptance of Grant Funds from New York State Department of Health to Enforce Clean Indoor Air Law; Appropriation of Funds to Health Department Accounts .................. 37 FEBRUARY 25, 2008 36-08 37-08 38-08 39-08 40-08 Resolution Continuing Agricultural District Number Four with Modifications (Addition of Land in the Town of Willing) .................................. 40 Appointment of County Attorney (Miner) ............................................................ 41 Amendment of Resolution No. 242-2007 to Increase Salary of First Assistant County Attorney .............................................................................. 41 Approving and Ratifying Agreement with the Town of Friendship in Relation to the Disposal of County Landfill Leachate at the Town Waste Water Treatment Plant; Authorizing Board Chairman to Execute Agreement........................................................................................ 41 Resolution Setting Date of Public Hearings on Application for Small Cities Community Development Block Grant for Replenishment of Revolving Loan Fund ..................................................................................... 42 MARCH 10, 2008 41-08 42-08 43-08 44-08 45-08 46-08 47-08 48-08 49-08 Resolution Urging the State Legislature to Oppose the Proposed Shift of the State’s Historic Share of Public Assistance to Counties and the Proposed Shift of 100 Percent of Cost of Juvenile Detention Facilities to Counties ..................................................................................................... 45 Resolution Calling on the Governor and State Legislature to End the Practice of Passing Costs for State Programs to County Government and Our Property Taxpayers .......................................................................... 46 Resolution Setting Date of Public Hearing on the Use of $50,000 from the County Road Repair Reserve to Help Finance the Cost of Reconstructing Bridge No. 15-16 on the Farnsworth Road in the Town of Cuba .......................................................................................................... 47 A Resolution in Relation to the Reconstruction of Town Bridge No. 15-16 (BIN 2214570) in Town of Cuba ..................................................................... 48 Confirmation of Board Chairman’s Reappointments to County Youth Board ............................................................................................................. 49 Creating One New Position of Correction Officer in the Sheriff’s Department .................................................................................................... 49 Transfer of Funds within Emergency Services Account (EMS Training Class Rent Expenses at Crossroads) ............................................................ 49 Acceptance of Funds from Selective Way Insurance Company and Appropriation of Funds to Insurance Recovery and Vehicle Replacement Accounts (Partial Settlement from Wellsville’s Insurance Company for Equipment Damaged or Destroyed during 11/19/07 Wellsville Mutual Aid Police Pursuit) .............................................................. 50 Approval of Alternatives to Incarceration Service Plan Updates for January 1, 2008 to December 31, 2008 as Submitted by County Probation Director; Authorizing Probation Director to Execute Documents and Authorizing Chairman to Certify Approval ............................ 50 458 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Res. No. 50-08 51-08 52-08 53-08 54-08 Page No. Approval of Agreement with New York State Office of Homeland Security and Acceptance of FY 2007-2010 Grant Funds for the Enhancement of Allegany County Communication System; Authorizing Board Chairman to Execute Agreement (Admin. by Emergency Services) .............. 51 Ratifying and Approving Administrative Services Agreement with NOVA Healthcare Administrators, Inc. to Administer County Self-Insurance Medical Plan for County Officers, Employees and Retirees and Pharmacy Benefit Management Services Agreement with Independent Health’s Pharmacy Benefit Dimensions, LLC (Effective 11/01/06) ................. 51 Approval of Agreement with Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities (CattaraugusAllegany BOCES, 09/01/07-08/31/08)............................................................ 52 Approval of Inter-Municipal Agreement with Cattaraugus County to Provide Lead Poisoning Prevention Program Services .................................. 52 Approval of Agreement between County of Allegany and Allegany County Federation of Snowmobilers, Inc.; Appropriation of NonBudgeted State Grant-in-Aid .......................................................................... 53 MARCH 24, 2008 55-08 56-08 57-08 58-08 59-08 Creating and Abolishing Positions in the Department of Public Works (Creating One Position of Heavy Motor Equipment Operator 1 and Two Positions of Motor Equipment Operator 1; Abolishing One Position of Motor Equipment Operator/Welder and Two Positions of Motor Equipment Operator) ........................................................................... 55 A Resolution Authorizing the Filing of an Application for State Assistance from the Household Hazardous Waste (HHW) State Assistance Program and Authorizing Signing of the Associated State Contract under the Appropriate Laws of New York State ............................................. 55 Appropriation of Funds for the Reconstruction of Bridge No. 15-16 on the Farnsworth Road in the Town of Cuba; Transfer of Funds from County Road Repair Reserve and Contingent Account to Capital Project Account No. H5802 ........................................................................................ 56 Transfer of Funds from Contingent Account (Recycling of Construction and Demolition Debris) ................................................................................... 57 Approval of Inter-Municipal Agreement between Monroe County and Allegany County for Forensic Pathology Services through the Monroe County Medical Examiner’s Office (01/01/08-12/31/10) ................................. 57 APRIL 14, 2008 60-08 61-08 62-08 Sale of Tax Lands in Village of Andover and Town of Clarksville ....................... 62 A Resolution Determining that Errors Exist on the 2008 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 ............................................................................................................ 63 Acceptance of Grant Funds from the New York State Office of Real Property Services for a 2007-2008 Centralized Property Tax Administration Program (CPTAP) Study of a County-Wide Assessing Program; Appropriation of Grant Funds to Assessments Contractual Expenses Account ......................................................................................... 66 459 2008 PROCEEDINGS INDEX Res. No. 63-08 64-08 65-08 66-08 67-08 68-08 69-08 Page No. Acceptance of Checks from New York Municipal Insurance Reciprocal (NYMIR), State Farm Fire and Casualty Company, and Selective Way Insurance Company for Reimbursement to Damaged County Vehicles; Appropriation of Funds ................................................................... 66 Transfer of Funds within Office for the Aging OFA-SPOE Program Account .......................................................................................................... 67 Approval of Lease Agreement between the County of Allegany and Allegany County Industrial Development Agency for Approximately 5,275 Square Feet of Space in the Crossroads Commerce Center Located at 6087 State Route 19, Belmont, New York (Space for Development, Planning, Tourism, Conferencing, and EMT Training/ Storage; 04/15/08-04/14/13) .......................................................................... 67 Approval of Memorandum of Understanding between the County of Allegany and the Allegany County Industrial Development Agency Regarding a Lease Agreement for Space in Property Known as the Crossroads Commerce Center (Potential Lease of Additional Space to be Developed for Office for the Aging, Veterans’ Services, and NY Connects) ....................................................................................................... 69 Authorizing Agreement with the Allegany/Western Steuben Rural Health Network for Retainage of a Consultant to Prepare a Human Service Transportation Plan; Acceptance and Appropriation of Grant Funds from the New York State Department of Transportation ................................ 70 A Resolution Proposing Allegany County as Lead Agency for Purposes of the SEQR Review of the Allegany County Comprehensive Plan; Directing the Chairman to Notify Involved Agencies of Such Proposed Status; and Directing Preparation of the Requisite Environmental Assessment Form .......................................................................................... 72 Resolution in Support of the Application of the Allegany County Department of Health for a Licensed Home Care Services Agency (LHCSA) Operating Certificate ....................................................................... 72 APRIL 28, 2008 70-08 71-08 72-08 73-08 74-08 75-08 Amendment of Resolution No. 242-2007 to Decrease Salary of Second Assistant County Attorney .............................................................................. 76 A Resolution Increasing the Pay Range of Part-Time Correction Officers Hourly Rate .................................................................................................... 77 Resolution in Support of New York State Property Taxpayers Protection Act .................................................................................................................. 77 Resolution Authorizing the Submission of an Application to the New York State Department of Transportation for a Public Transportation Operating Assistance Grant (Federal Section 5311 Funds, 2007 and 2008, Allegany County Transit Bus Service Provided by First Transit) .......... 78 Reappropriation of Unexpended 2007 Calendar Year Funds Received from the Governor’s Traffic Safety Program STEPS in Safety Grant (Youth Education and Safety Program) (Bicycle Safety Program Coordinated through the Youth/STOP DWI Office; Funds Originally Accepted Per Resolution No. 220-06) ............................................................ 79 Reappropriation of 2007 Calendar Year Homeland Security Program Grant Funds from the State of New York (Funds Originally Accepted Per Resolution No. 83-07 for a Law Enforcement Terrorist Prevention Program to Establish and Enhance Regional Response Teams) .................. 79 460 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Res. No. 76-08 77-08 78-08 79-08 80-08 81-08 Page No. Transfer of Funds within Emergency Services Accounts (EMS Training Class Rent Expenses at Crossroads) ............................................................ 80 Transfer of Funds from Contingent Account to Jail Contractual Expenses Account (Higher than Anticipated Cost of General Supplies Related to Increased Jail Population) .............................................................................. 80 Approval of Southern Tier Task Force Drug Enforcement Program Agreement with Chautauqua County; Authorizing Chairman to Execute Agreement; Sheriff to Administer Agreement (Period: 04/01/07-03/31/09) ......................................................................................... 80 Approval of Agreement between County of Chautauqua, County of Allegany, County of Cattaraugus, City of Olean and City of Salamanca for Southern Tier Drug Enforcement Program; Authorizing Chairman to Execute Contract; Sheriff to Administer Contract (Pool Agreement; Period: 04/01/07-03/31/09) ............................................................................ 81 Approval of Agreement with New York State Office of Homeland Security; Acceptance and Appropriation of Homeland Security Grant Funding for (Project No. WM07838272); Ratifying Board Chairman's Signature (New Grant; Funds to Establish and Enhance Regional Response Teams; Period: 07/01/07-06/20/10) .............................................. 82 Approval of Contract between New York State Department of Correctional Services' Office of Nutritional Services and Allegany County (Contract for Sale of Food Products to County Jail; Period: 05/01/08-04/30/11) ......................................................................................... 82 MAY 12, 2008 82-08 83-08 84-08 85-08 86-08 Appointment of One New Member to the Allegany County Planning Board ............................................................................................................. 85 Approval of Board Chairman’s Reappointment of Two Members to Southern Tier West Regional Planning and Development Board ................... 85 Sale of Tax Land in Village of Alfred .................................................................. 86 Acceptance of Insurance Payment from NYMIR and Appropriation of Funds to Risk Retention Accounts ................................................................. 86 Acceptance of Non-Budgeted New York State Department of Health Grant for Family Planning/Reproductive Health Program; Appropriation of Same to Family Planning Accounts ..................................... 87 MAY 27, 2008 87-08 88-08 89-08 90-08 Resolution Requesting New York State to Enact Legislation Prohibiting Text Messaging while Driving ........................................................................ 89 Amendment of Resolution No. 242-2007 to Increase Salary of Third Assistant County Attorney .............................................................................. 90 A Resolution Determining that Errors Exist on the 2005 through 2008 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 ................................................................................ 91 Acceptance of Member Initiative Funding from State Senator Catharine Young for Purchase of 911 Software Equipment for Sheriff's Office; Appropriation of Funding to Community Enhancement Assistance Program Account ........................................................................................... 92 461 2008 PROCEEDINGS INDEX Res. No. 91-08 92-08 93-08 94-08 95-08 96-08 97-08 98-08 99-08 Page No. Acceptance and Appropriation of Funding Increasing the SFY 08-09 Consolidated Highway Improvement Program (CHIPS)................................. 93 Transfer of Funds within OFA – Weatherization Account ................................... 93 Approval of Lease of Lands to John Francisco to be Used for Agricultural Purposes Only (Parcels in Amity and Friendship) .......................................... 93 Approval of Agreement for Hauling and Recycling of Construction and Demolition Debris between County of Allegany and LaForge Disposal Service, Inc (Six-Month Trial Period: 05/27/08-11/27/08)............................... 94 Approval of Agreement with New York State Department of Transportation for Capital Funds for Project with the County Regional Transportation System and Providing for Local Share of Project (Federal Section 5311 Capital Program Grant of $70,000 for Purchase of One Bus and Two Shelters for Allegany County Transit System) .............. 94 Approval of Snow Removal and Ice Control Amendment Contract with the Town of Alma (Amendment to Reflect Actual Number of Miles of County Roads Serviced by Town) .................................................................. 95 Resolution Approving Snow Removal and Ice Control Contract between County of Allegany and the Town of Bolivar (Adding Town of Bolivar for the Last Two Years of the Contract, 2008-09 Snow Season through 2009-10 Snow Season)..................................................................... 96 Approval and Ratification of Agreement between the County of Allegany and Western Region Health Corporation for Professional Services (Services Related to the Operation of the County’s Certified Home Health Care Agency) ...................................................................................... 97 Approval and Ratification of Agreement between the County of Allegany and Western Region Health Corporation for the Sale of Assets (Certified Home Health Care Agency and Long Term Home Health Care Program) ............................................................................................... 97 JUNE 9, 2008 100-08 101-08 102-08 103-08 104-08 105-08 106-08 Determination of No Significant Environmental Impact with Respect to the Adoption of the Allegany County Comprehensive Plan .......................... 100 Resolution Setting Date of Public Hearing Relative to the Allegany County Comprehensive Plan ....................................................................... 100 Resolution in Support of the New York State Association of Counties Memorandum in Opposition to Proposed Legislation Establishing a Taskforce on Retiree Health Insurance Protection ....................................... 101 Resolution Opposing a Proposal from DEC for a Rule Change to Eliminate Open Burning ............................................................................... 102 Approval of Apportionment of Mortgage Tax to Tax Districts and Authorizing Warrant Therefor (Period: 10/01/07-03/31/08) .......................... 103 Authorizing Payment to Towns and Villages from Additional Mortgage Tax Fee Retainage by County Clerk; Appropriating Funds Therefor (Period: 10/01/07-03/31/08) ......................................................................... 103 A Resolution Determining that Errors Exist on the 2005 through 2008 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 .............................................................................. 105 462 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Res. No. 107-08 108-08 109-08 Page No. Transfer of Funds within Office of Development and Planning Contractual Expense Accounts (Computer Equipment; Planning Board Liaison Expenses) ........................................................................................ 107 Transfer of Funds from Contingent Account to County Administrator Contractual Expenses Account (Crossroads Center Office and Conference Space Lease for Remainder of 2008) ....................................... 107 Approval of Agreement between County of Allegany and James McGuinness & Associates, Inc. for the Use of Computer Software; Authorizing Chairman to Execute Agreement (Support and/or Modification of Computer Software for the Health Department Preschool Program, 01/01/08-12/31/09) ...................................................... 108 JUNE 23, 2008 110-08 111-08 112-08 113-08 114-08 115-08 Resolution Setting Date of Public Hearing on a Local Law to Provide Increases in the Compensation of Certain County Officers (Public Defender) ..................................................................................................... 111 Granting Salary Increments Effective July 1, 2008, to Unit and Non-Unit Employees (See Also Res. No. 161-08)....................................................... 111 Approval of Sale of 2008 Tax Sale Properties .................................................. 112 Appointment of One Legislative Member to the Allegany County Soil and Water Conservation District Board ............................................................... 118 Creating Position of Full-Time Assistant Public Defender and Abolishing Two Positions of Part-Time Assistant Public Defender in the Public Defender's Office; Fixing Salary ................................................................... 119 Transfer of Funds from Fire Prevention and Control Contractual Expenses Account to Office of Emergency Services Revenue Account ...... 119 JULY 14, 2008 116-08 117-08 118-08 119-08 120-08 121-08 122-08 Adoption of Local Law Intro. No. 2-2008, Print No.1, in Relation to a Local Law to Provide Increases in the Compensation of Certain County Officers (Public Defender)................................................................ 123 Establishing Policy for Redemption or Reacquisition of Tax Parcels in Allegany County ........................................................................................... 123 Designating the Wellsville Daily Reporter as Sole Official Newspaper for the Period August 1, 2008 to August 12, 2008 ............................................. 124 A Resolution Determining that Errors Exist on the 2008 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 .......................................................................................................... 125 Acceptance and Appropriation of Additional Funding from the New York State Department of Health for the County's Cancer Screening Services Program......................................................................................... 126 Increasing Appropriations and Revenues in the TANF Summer Youth Employment Program (TANF SYEP) Accounts ........................................... 126 Transfer of Funds within County Attorney Account (Desk) ............................... 127 463 2008 PROCEEDINGS INDEX Res. No. Page No. JULY 28, 2008 123-08 124-08 125-08 126-08 127-08 128-08 129-08 130-08 131-08 132-08 133-08 134-08 135-08 136-08 Resolution to Request Governor Paterson and New York State Legislature to Advance Funding and Expedite the Timetables to Complete the Appalachian Development Highway System (Corridor U1 I-99 and Corridor T I-86) ........................................................................... 129 Resolution Approving the Allegany County Comprehensive Plan .................... 130 Resolution Dissolving the County Comprehensive Plan Committee; Creating the Comprehensive Plan Implementation Group ........................... 131 Amendment of Non-Unit Salary Plan (Supervisor Public Health Education Title Moved to PEF Union Salary Plan) ....................................... 132 Upgrading One Motor Vehicle Cashier/Examiner and One Senior Motor Vehicle Cashier Examiner in County Clerk’s Office Due to Human Resources and Civil Service Department Reevaluation and Amending Unit Salary Plan (Expanded Duty Requirements Due to New Enhanced Driver’s Licenses) ....................................................................... 132 Abolishing One Position of Senior Counselor and Four Positions of Employment and Training Counselors and Reclassification of Four Positions of Employment and Training Counselors (Unit Grade 15) to Senior Employment Counselors (Unit Grade 17) in the Employment and Training Office ....................................................................................... 133 Abolishing One Position of Deputy Sheriff and Creating One Position of Correction Officer and One Position of Corrections Sergeant in the Sheriff’s Department .................................................................................... 134 Transfer of Funds from Contingent Account to Board of Elections Contractual Expenses Account (Implementation of HAVA Ballot Marking Devices) ......................................................................................... 134 Approval of Transportation of Preschool Children with Handicapping Conditions Agreements with Fourteen Central School Districts and Authorizing Chairman to Execute Agreements (See Also Res. No. 155-08) ......................................................................................................... 135 Resolution Dated July 28, 2008; A Resolution Approving Applications to the State Comptroller’s Office in Connection with the Proposed Sewer District No. 1 and Water District No. 2.......................................................... 136 Resolution Approving Agreement between the County of Allegany and the Allegany County Soil and Water Conservation District Concerning the Genesee River Hazard Mitigation Project (Advancement of Funds Pending Grant Reimbursement)................................................................... 136 Resolution Directing Notice of District Review of Agricultural District Number One Pursuant to Section 303-a of the Agriculture and Markets Law .............................................................................................................. 137 Resolution Requesting that Governor Paterson Disapprove Assembly Bill A11743 and Senate Bill S8699 as Detrimental to Law Enforcement and Public Safety (The Bills will Amend Requirements for Obtaining a Waiver under Section 211 of the Retirement and Social Security Law) ....... 138 Urging State of New York to Modify the Law and Regulations so as to Assist the Development of Oil and Gas Resources in the State .................. 139 AUGUST 11, 2008 137-08 138-08 Resolution Approving the Allegany County Court Facilities Capital Plan ......... 143 Amendment of Resolution No. 192-89 to Increase Amount of County Office for the Aging's Petty Cash Fund from $75 to $200 ............................ 146 464 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Res. No. 139-08 140-08 141-08 142-08 Page No. Accepting and Appropriating Additional Federal and State Funding to Office for the Aging Accounts ....................................................................... 147 Acceptance of United Way Payroll Deductions from Steve Brown, Tim Dunham, and Randy Harms; Appropriation of Funds to Emergency Services Contractual Expenses Account ..................................................... 148 Approving Agreements between County of Allegany, Acting by and through its Office for the Aging, and Prestige Services, Inc. for HomeDelivered Meal Program for Calendar Years 2009 and 2010; Authorizing Execution of Agreements .......................................................... 148 Approval of License Agreement with the New York State Office for Technology’s Contractor, M/A-Com, Inc., a Florida Corporation, for Construction of a New Self-Supporting Radio Tower ................................... 149 AUGUST 25, 2008 143-08 144-08 145-08 146-08 147-08 148-08 149-08 Acceptance of Grant Funds from New York State under the FY07 Public Safety Interoperable Communications (PSIC) Grant Program Contingent on Identifying a Source of Local County Share (Homeland Security Grant: $1,700,475.96; Local Match: $423,118.99; Project Total: $2,123,594.80) (Originally Tabled on 08/11/08) ................................. 152 Resolution Setting Date of Public Hearing on a Local Law Authorizing a Limited County Tax Exemption for Cold War Veterans (Local Law Intro. No. 3-08) ............................................................................................. 153 Resolution in Support of the Adoption of Assembly Bill A10037A and Senate Bill S3619-A Providing Expanded Coverage for Benefits Available to Volunteer Firemen and Volunteer Ambulance Workers ............ 154 Resolution in Support of the Adoption of Assembly Bill A00514 and Senate Bill S7647 Providing a Special Unit within the Workers’ Compensation Board to Assist Injured Volunteer Firefighters, Surviving Spouses, and Beneficiaries .......................................................... 155 Creating One New Part-Time Position of E-911 Enumerator ........................... 155 Transfer of Funds from Risk Retention Claims Approved by Supreme Court Account to Risk Retention Professional Services Account ................. 156 Approval of Local Enhanced Wireless 911 Grant Program Agreement with New York State Department of State; Appropriation of Funds to Accounts to be Designated by County Treasurer; Authorizing Chairman to Execute Agreement ($28,501 to Reimburse Certain Costs to Provide Wireless 911 Services) ..................................................... 156 SEPTEMBER 8, 2008 150-08 151-08 152-08 153-08 154-08 Resolution Urging the Governor and State Legislature to Remove Counties from the Fiscal and Programmatic Responsibility of the Preschool Special Education Program ......................................................... 159 Resolution Establishing Solid Waste Residential User Fees for Year 2009 ............................................................................................................. 161 Approval of Board Chairman's Reappointment of One Member to the Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Railroad Authority ........................................................................ 162 Acceptance of Increased Federal Aid to OFA-HIICAP Appropriation and Revenue Accounts ....................................................................................... 162 Acceptance of Donations from Wellsville Lions Club and the Allegany Senior Foundation; Appropriation of Same to OFA Accounts ...................... 163 465 2008 PROCEEDINGS INDEX Res. No. 155-08 Page No. Approval of Transportation of Preschool Children with Handicapping Conditions Agreement with Friendship Central School District and Authorizing Chairman to Execute Agreement (See Also Res. No. 13108) ................................................................................................................ 163 SEPTEMBER 22, 2008 156-08 157-08 158-08 159-08 160-08 161-08 162-08 163-08 164-08 165-08 166-08 Adoption of Local Law Intro. No. 3-2008, Print No. 1, in Relation to a Local Law to Allow Cold War Veterans a Limited County Tax Exemption Pursuant to Section 458-B of the Real Property Tax Law (Originally Tabled at 09/08/08 Meeting) ....................................................... 165 Reappointment of David S. Roeske as County Superintendent of Public Works ........................................................................................................... 167 Approval of Board Chairman's Reappointment of Two Landowner Representative Members to Region Nine Forest Practice Board ................. 167 Creating Position of Senior Recording Clerk and Abolishing Position of Cashier in County Clerk's Office .................................................................. 168 Establishing a 2009 Capital Project Account for Bridge Replacement on County Road 16 over the Genesee River in the Town of Belfast; Providing Funding for Such Capital Account ................................................ 168 Granting Salary Increments Retroactive to July 1, 2008, to Unit and NonUnit Employees (See Also Res. No. 111-08) ............................................... 168 Authorizing Ways and Means Committee of County Board of Legislators to Act as Tourist Promotion Agency and to Apply for State Funds for Tourism Promotion Purposes ....................................................................... 169 Authorizing the Implementation, and Funding in the First Instance 100 Percent of the Federal-Aid and State "Marchiselli" Program-Aid Eligible Costs, of a Transportation Federal-Aid Project, and Appropriating Funds Therefor (Bridge Replacement, BIN 3060090, CR 16 over Genesee River, Belfast, PIN 6754.08) ............................................ 170 Acceptance of Initiative Member Funding from State Senator Catharine Young for Assistance in Purchasing Priority Dispatch Software; Appropriation of Funding to Homeland Security Account ............................. 171 Transfer of Funds within Solid Waste Account (Fuel Purchases) ..................... 172 Resolution Calling on the New York Congressional Delegation to Support an Increase in the Federal Medical Assistance Percentage (FMAP) to Provide New York Counties with Property Tax Relief .................................. 172 OCTOBER 14, 2008 167-08 168-08 169-08 170-08 171-08 172-08 Resolution Setting Date of Public Hearing on a Local Law to Provide Increases in the Compensation of Certain County Officers (Local Law Intro. No. 4-08) ............................................................................................. 176 Resolution Setting Date of Public Hearing on 2009 County Tentative Budget and Providing Contents of Such Notice ........................................... 176 Creation of Position of Deputy County Administrator ....................................... 177 Appointment of Member to Allegany County Board of Ethics ........................... 178 Memorializing State Legislature to Cause Corridor Studies to be Done of the Extension Southerly of State Route 408 and the Extension Easterly of State Route 243 ......................................................................... 178 Acceptance of Member Item Funding from State Senator Catharine Young for Purchase of Equipment for the Probation Department; Appropriation of Funding to Probation Equipment Account (Bulletproof Vests) ........................................................................................................... 179 466 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Res. No. 173-08 174-08 175-08 176-08 177-08 178-08 179-08 Page No. Transfer of Funds within Special Education PHC Contractual Expenses Account ........................................................................................................ 180 Transfer of Funds within County Clerk Accounts.............................................. 180 Transfer of Funds within Employment and Training Appropriation Accounts ...................................................................................................... 180 Transfer of Funds within Sheriff Accounts; Transfer of Funds from Contingency to Sheriff Accounts .................................................................. 181 Resolution Authorizing County of Allegany to Enter into an Agreement with the New York State Department of Transportation (NYSDOT) Acting as the Designated Recipient (DR) for FTA Grant Funds for Implementation of the Allegany County Mobility Management Plan ($250,000 Over a Two-Year Period) ............................................................ 181 Approval of Agreements with the Towns of Caneadea and Friendship and Villages of Bolivar, Cuba, and Wellsville, in Relation to the Disposal of County Landfill Leachate at Town and Village Waste Water Treatment Plants; Authorizing Board Chairman to Execute Agreements .................................................................................................. 182 Approval of Agreement with Dentrust Dental New York, P.C. to Provide Dental Care for Inmates and Detainees at the Allegany County Jail ............ 183 OCTOBER 27, 2008 180-08 181-08 182-08 183-08 184-08 185-08 186-08 187-08 188-08 189-08 190-08 191-08 192-08 Adoption of Local Law Intro. No. 4-2008, Print No.1, in Relation to a Local Law to Provide Increases in the Compensation of Certain County Officers (Local Law No. 4-08) .......................................................... 186 Resolution Setting Date for Public Hearing on Eight-Year Review of Agricultural District Number One .................................................................. 187 Creating One Position of Clinic Secretary in the Health Department ................ 187 Appointment of One Member to County Board of Health ................................. 188 Waiver of Training for Veteran Planning Board Members for Calendar Year 2008 .................................................................................................... 188 Urging the State of New York Department of Environmental Conservation to Implement a Variance in Existing Regulations Pertaining to Drilling in the Upper Devonian Oil Producing Formations above the Tully Limestone ........................................................................... 189 A Resolution Determining that Errors Exist on the 2006 to 2008 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 .............................................................................. 190 Acceptance of Insurance Payments from Zurich American Insurance Company and NYMIR; Appropriation of Funds to Risk Retention Account (Information Technology and Community Services Vehicles) ........ 192 Reappropriation of 2007 Calendar Year Funding for HEAP and POE from the State of New York .......................................................................... 193 Increasing Appropriations and Revenues in Office for Aging Accounts ............ 193 Transfer of Funds within Office for Aging Accounts .......................................... 194 Transfer of Funds within Solid Waste Contractual Expenses Account ............. 194 Transfer of Funds from Contingent Account to Law Enforcement Sheriff Contractual Expenses Account ($31,250 for Scheduling Software) ............. 195 467 2008 PROCEEDINGS INDEX Res. No. 193-08 194-08 195-08 Page No. Approval of Amendment of Court Security Agreement (C200357) between the New York State Unified Court System and the Allegany County Sheriff's Department (Period: 04/01/08-03/31/09)........................... 195 Approval of Agreements with Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities ................................... 196 Resolution Urging the Governor and the State Legislature to Reduce State Spending without Shifting Costs for State Programs to County Government ................................................................................................. 196 NOVEMBER 10, 2008 196-08 197-08 198-08 199-08 200-08 201-08 202-08 203-08 Approval of Apportionment of Mortgage Tax to Tax Districts and Authorizing Warrant Therefor (Period: 04/01/08-09/30/08) ......................... 201 Authorizing Payment to Towns and Villages from Additional Mortgage Tax Fee Retainage by County Clerk; Appropriating Funds Therefor............ 201 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 ............................................................................ 203 Relevy of Returned Village Taxes .................................................................... 204 Relevy of Returned School Taxes .................................................................... 204 Adjusting Appropriations and Revenues in Various Department of Social Services Accounts........................................................................................ 204 Transfer of Funds from Shared Services Central Service Copying Account to Clerk, Legislative Board Account ............................................... 205 Transfer of Funds within Legislative Board Accounts ....................................... 206 NOVEMBER 24, 2008 204-08 205-08 206-08 207-08 208-08 209-08 210-08 211-08 212-08 213-08 214-08 215-08 216-08 217-08 Resolution Continuing Agricultural District Number One with Modifications ................................................................................................ 208 A Resolution in Relation to the Compensation of County Officers and Employees ................................................................................................... 209 Amendment of Resolution No. 297-75 to Provide New Salary Grade Schedule in County Non-Unit Salary Plan .................................................... 212 Appointment of Commissioner of Elections (Elaine Herdman) ......................... 212 Amendment of County Non-Unit Salary Plan to Move Position of Undersheriff from Grade 10 to Grade 11 (Step 8) ........................................ 213 Abolishing One Position of Deputy Sheriff and Creating One Position of Correction Officer in the Sheriff’s Department .............................................. 213 Amendment of 2009 County Tentative Budget ................................................. 214 Adoption of 2009 County Final Budget ............................................................. 215 Resolution Making Appropriations for the Conduct of the County Government for the Fiscal Year 2009 .......................................................... 216 Resolution Levying Towns 2009 Share of Allegany County Mutual SelfInsurance Plan ............................................................................................. 216 Transfer of Funds between Appropriations in the Health Department .............. 217 Transfer of Funds within Public Health Accounts (Altreya Contract to Conduct Efficiency Studies) ......................................................................... 217 Transfer of Funds from Capital Projects Fund to Snow Removal Fund Contractual Expenses Account (Increased Sand/Salt Costs) ...................... 218 Transfer of Funds from Engineering Personal Services Account to Engineering Contractual Expenses Account (Soil Borings on 2009 Bridges) ........................................................................................................ 218 468 2008 ALLEGANY COUNTY LEGISLATIVE PROCEEDINGS Res. No. 218-08 219-08 220-08 Page No. Approval of Final 2009 Allegany County Plan Under County Special Traffic Options Program for Driving While Intoxicated; Authorizing STOP DWI Coordinator to Enter into Agreements for Services ................... 218 Approval of Agreement for Purchase of Tonnage Capacity at Allegany County Landfill between County of Allegany and LaForge Disposal Service, Inc. (Out-of-County Waste; Period: 01/01/09-12/31/09) ................ 219 Approval of Renewal Agreement between the New York State Unified Court System and County of Allegany for Maintenance and Operation of Court Facilities (Period: 04/01/08-03/31/13) ............................................ 219 DECEMBER 8, 2008 221-08 222-08 223-08 224-08 225-08 226-08 227-08 228-08 229-08 Amendment of Allegany County Vehicle Usage Policy (Reimbursement for Damage to Employee Vehicles while on County Business) .................... 221 Resolution Levying County Taxes .................................................................... 222 Resolution Approving the Final Assessment Rolls with Taxes Extended Thereon; Authorizing and Directing the Preparation and Execution of Tax Warrants and Causing Delivery of Tax Rolls to Collecting Officers ....... 222 Chargeback to Towns of Cost of Various Tax Supplies Purchased or Provided for by County................................................................................. 223 Levying Taxes and Assessments Required for Purposes of Annual Budgets of the Towns of Allegany County ................................................... 224 Designating the Wellsville Daily Reporter as Sole Official Newspaper for the Week of December 28, 2008.................................................................. 227 A Resolution Determining that Errors Exist on the 2008 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 .......................................................................................................... 227 Transfer of Funds between Various Public Health Department Accounts ........ 228 Approval of Hess Print Solutions Agreement for Printing the 2009 Allegany County Travel and Outdoor Guide; Authorizing the Allegany County Office of Tourism and Culture to Execute Said Agreement.............. 229 DECEMBER 22, 2008 230-08 231-08 232-08 233-08 234-08 235-08 Authorizing Retention of the Law Firm of Hodgson Russ LLP to Provide Consultation and Assistance with Respect to Courthouse Expansion (Tabled at 12/08/08 Meeting) ....................................................................... 234 A Resolution Authorizing Legal Notice of Review and Directing Submission of Reports from County Agricultural and Farmland Protection Board in Relation to the Review of Agricultural District Number Four Created within the Towns of Alfred, Andover, Independence, Ward and Willing on May 28, 2002 ...................................... 236 Amendment of County Salary Plan to Remove Title of Crime Victims Coordinator from Section Four and Placing Such Title in the Public Employee Federation Salary Plan ................................................................ 237 Resolution Rescinding Resolution No. 208-2008 (Changing Grade of Undersheriff Position in Non-Unit Salary Plan) ............................................ 238 Changing Position of Corrections Sergeant to Sheriff Deputy Sergeant in the Sheriff's Department............................................................................... 239 Resolution Fixing Date of 2009 Organization Meeting ..................................... 239 469 2008 PROCEEDINGS INDEX Res. No. 236-08 237-08 238-08 239-08 240-08 241-08 242-08 243-08 244-08 245-08 246-08 Page No. Suspending Certain County Board Rules Affecting Proposed Resolutions Requested to be Submitted at Organization Meeting on January 5, 2009 ............................................................................................................. 239 Delegating Authority for Certain Real Property Tax Refunds and Correction of Tax Bills and Tax Rolls ........................................................... 240 Acceptance and Appropriation of the Governor's Traffic Safety Program (Safety on Wheels) Grant Funding to Traffic Safety Program Accounts for State Fiscal Year October 1, 2008 to September 30, 2009 ..................... 241 Transfer of Funds within Self-Insurance Plan Account ..................................... 241 Transfer of Funds within Probation Accounts (Equipment)............................... 241 Transfer of Funds within Shared Services Buildings Account (Parking Lot Repairs) ....................................................................................................... 242 Transfer of Funds from Shared Services Buildings Personnel Services Account to Solid Waste Contractual Expenses Account (Landfill OffRoad Truck Repairs) .................................................................................... 242 Acceptance of the Insurance Proposal of NYMIR Submitted by Richardson & Stout Insurance Company; Continued Authority of Board Clerk and Personnel Committee to Secure Other Insurance (Period: 02/01/09-02/01/10) ........................................................................ 242 Approval of Agreement with BMA Consulting Services, Inc. for Insurance Advice and Services; Authorizing Chairman to Execute Agreement (Period: 01/01/09-12/31/09) ........................................................................ 243 Approval of Inter-Municipal Agreement with Cattaraugus County to Provide Lead Poisoning Prevention Program Services (Period: 01/01/09-12/31/09) ....................................................................................... 243 Transfers between Appropriation Accounts (Year-End Transfers) ................... 244