WAYS & MEANS COMMITTEE April 10, 2017
NOT APPROVED
Committee Members Present: C. Jessup, D. Fanton, P. Curran,
D. Healy, J. Hopkins, K. LaForge, T. O’Grady, D. Root, C. Crandall
Others Present: L. Ballengee, T. Boyde, J. Budinger, V.
Grant, K. Graves, L. Gridley, K. Hollis, R. Hollis, G. James, C. Knapp, T.
Miner, B. Riehle, T. Ross, N. Ungermann, M. Washer
Call to Order: The meeting was called to order at 1:00 p.m.
by Ways & Means Committee Chairman Chuck Jessup.
Approval of Minutes
The March 27, 2017, Ways & Means Committee minutes were
approved on a motion by Legislator Healy, seconded by Legislator Root, and
carried.
Approval of Audit
Committee members reviewed the April 10, 2017, audit of
claims in the amount of $2,801,197.24 (including prepaid bills). A motion was
made by Legislator Root, seconded by Legislator Fanton, and carried to forward
the audit to the full Board for approval of payment.
Acceptance of
Insurance Check
Clerk of the Board Brenda Rigby Riehle requests a resolution
accepting a check in the amount of $2,426.85 from Sedgwick Claims Management
Services representing the cost to repair our 2009 Dodge Caravan (#5718)
assigned to the Office for the Aging that was damaged when a private citizen
backed into our parked vehicle at approximately 1:06 p.m. on March 13, 2017.
The funds should be appropriated to CS1931.429 (Risk Retention – Uninsured
Property Loss) with a like sum placed in revenue account CS1930.2680.00 (Insurance
Recovery). This request was approved on a motion made by Legislator Fanton,
seconded by Legislator Curran, and carried. Prepare Resolution
District I Republican
Committee Recommendation to Replace Legislator Pullen
The members of the District I Republican Committee requested
a resolution nominating Philip G. Stockin to fill the vacancy in the Office of
District I Legislator caused by the resignation of David T. Pullen, Esq.
(Pursuant to Allegany County Local Law No. 3 of 1993, Mr. Stockin is a resident
and qualified voter in the Town of Houghton located within District I for at
least one year preceding this appointment.) The resolution will be pre-filed to
come before the Board at the April 24 meeting. Following Board approval, Mr.
Stockin will assume office. The resolution was approved on a motion made by
Legislator Healy, seconded by Legislator Hopkins, and carried. Prepare
Resolution
Referrals from other
Committees - Human Services Committee
Senior Typist for
Child Support Enforcement Unit
Social Services Commissioner Vicki Grant requested
permission to fill one temporary full-time Senior Typist in the Child Support
Enforcement Unit (CSEU) (Non-union, Grade 7, Step: Base – Step 4). This
position is to cover a medical leave and will wait on customers at the window,
take payments, and perform clerical support for all aspects of Child Support
Collection. The annual cost for this position is between $27,955 and $30,572
with benefits estimated at 48 percent. This position is funded 34 percent with
County dollars which is offset by TANF collections, and 66 percent Federal
funds. This request was approved on a motion made by Legislator LaForge,
seconded by Legislator Fanton, and carried. Notify Human Resources
Senior Typist
Social Services Commissioner Vicki Grant requested
permission to fill one temporary full-time Senior Typist (Non-union, Grade 7,
Step: Base). This position is to cover a medical leave and will answer all
calls coming into the switchboard, pull CPS reports, and perform required
clerical duties for all programs. The annual cost for this position is $27,955
with benefits estimated at 48 percent. This position is funded 38 percent with
County dollars, 10 percent with State funds, and 52 percent with Federal funds.
This request was approved on a motion made by Legislator LaForge, seconded by
Legislator Curran, and carried. Notify Human Resources
Public Safety
Committee
2016 New York State Division of Criminal Justice Service
Narcotics Grant
The Sheriff’s Office requested permission to re-appropriate
unspent funds in the amount of $3,832 from the 2016 New York State Division of
Criminal Justice Service Narcotics Grant. The Allegany County Narcotics Unit
initially received $37,500. The funds should be re-appropriated as follows:
Appropriation: Amount:
A3111.208 Sheriff – Drug Program (Equipment) $2,026
A3111.408 Sheriff – Drug Program (Contractual Expenses)
$1,806
Total: $3,832
Revenue: Amount:
A3111.3324.DCJS Sheriff – Drug Program – Narcotics Grant
$3,832
This request was approved on a motion made by Legislator
Curran, seconded by Legislator Fanton, and carried. Prepare Resolution
New York State SFY
2016-2017 Police Protective Equipment Program (PPEP)
The Sheriff’s Office requested permission to accept and
appropriate funds in the amount of $7,207 for the New York State SFY 2016-2017
Police Protective Equipment Program (PPEP). The application for this grant was
approved by Resolution #255-16, and the money will be used to purchase firearms
and protective equipment as listed on the attached budget sheet. The funds
should be appropriated as follows:
Appropriation: Amount:
A3110.208 Sheriff –Equipment $7,207
Revenue: Amount:
A3110.3316.3110 Sheriff – Protective Gear $7,207
This request was approved on a motion made by Legislator
Curran, seconded by Legislator Healy, and carried. Prepare Resolution
Senior Engineering
Technician
Public Works Superintendent Guy James requested permission
to fill one full-time Senior Engineering Technician (PEF, Grade 5) due to a
retirement, and all subsequent positions including from the outside. This
position is supervisory and also includes technical work involving the
application of standard engineering practices in the lay-out and drafting of a
variety of highway and related construction projects. This position will
supervise and perform general survey work, easements, inspections on construction
projects, and will submit permits and project applications to state agencies.
This annual cost of this position is between $36,963.29 and $51,178.58 with
benefits estimated between $16,522.59 and $22,876.83. This position is funded
100 percent with County dollars. This request was approved on a motion made by
Legislator Fanton, seconded by Legislator Curran, and carried. Notify Human
Resources
Bridge Replacement,
CR43, over Angelica Creek
Public Works Superintendent Guy James requested a resolution
to approve Supplemental Agreement #2 with the NYS Department of Transportation
for the construction and construction inspection phase for Bridge Replacement,
CR43 over Angelica Creek. This project has 80 percent Federal funding, and 15
percent Marchiselli funding. Funding for this project has previously been
budgeted in capital project account H5935.200 (Angelica County Road 43, Bridge
#07-03). This request was approved on a motion made by Legislator Fanton,
seconded by Legislator Healy, and carried. Prepare Resolution
Allegany County
Telecommunications Development Corporation (ACTDC)
Allegany County Telecommunications Development Corporation
Board of Directors Phil Curran distributed the financials for Allegany County
Telecommunications Development Corporation (ACTDC) over the last fourteen
months, answers to questions regarding the Broadband Project, and the statuses
on all towers. Legislator Curran discussed with the committee the following
questions that were submitted by Legislator Ungermann.
Question:
Who has the FCC rights to operate 911 and broadband wireless
systems on the towers? If CONXX does, could 911 be shut down?
Answer:
The FCC rights are with Allegany County for 911. CONXX holds
the license. As stated, no new licenses are being given, so contractors, by
necessity, are the license holders.
Question:
Does CONXX pay rent for equipment on the 911 towers?
Answer:
Allegany County owns, and ACTDC will operate and maintain
the equipment being placed on the 911 tower system. CONXX is the contractor responsible
for installation and monitoring of said equipment.
Question:
How does the ACTDC plan to share maintenance and operational
costs with the 911 system since they both use the same network of towers and
radio systems?
Answer:
ACTDC is a not-for-profit corporation set up by Allegany
County. Through our license agreement, we are to return 90 percent of net
income to the County. This will make funds available for ongoing repairs and
upgrades to both 911 and the broadband system.
Question:
How many potential customers do we have signed up? It
appears that the next round of funding ($10.3 million) was awarded to Armstrong
Telecommunications and will extend coverage to 25 percent of ACTDC’s potential
customers in areas that may already have 50 to 75 percent coverage. Coupled
with other wireless/satellite providers serving those areas, how will ACTDC pay
back $400,000?
Answer:
No customers are online as of today’s date because the
system is not operational. We have one last mile provider signed up, and
several others interested in getting customers signed up. Armstrong
Telecommunications will extend to 25 percent of customer base; however,
potential customers in that area already have high speed internet so a very
small grouping of people will be touched by Armstrong Telecommunications.
Question:
Is the County going to openly compete with the private
sector?
Answer:
It is not the intent of the Broadband grant for the County
to compete with the private sector. The intent of the grant is to provide funds
to develop a system to get broadband service to unserved and underserved areas
of the County (broadband initiative). If the private sector was already
providing that service, there would be no reason for the State to provide funds
through this grant to the County. The broadband funds have been used to develop
and build a wireless broadband infrastructure to serve private last mile
providers. The County owns the infrastructure (hardware) and is leasing it to the
Local Development Corporation which will oversee the maintenance and operation
of the infrastructure and contract with private last mile providers to provide
internet service into homes and businesses
Question:
What laws are on the books that allow a County owned
Development Corporation to compete with private enterprise?
Answer:
There are no laws that would specifically authorize “the
County to compete with the private sector.” As stated above, the intent of the
broadband grant was never to compete with the private sector. However, there
may be instances where competition occurs, and there is no law that prohibits
the County from doing something it is otherwise legally allowed to do which
might end up providing a service that the private sector can also undertake. In
this situation, the County could legally apply for and receive grant funds to
construct the wireless broadband infrastructure. As the County is not in the
business of being an internet service provider, its role is analogous to
providing the public roads that allow someone to move from point A to point B.
Private for profit businesses can use that road to conduct their business of
providing internet service to local businesses and residences. Road maintenance
is provided by the Local Development Corporation and not the County. Although
formed by the County, it operates as an independent organization with its own
Board and is regulated as a local Public Authority. The Local Development
Corporation (LDC) is a Not-For-Profit Corporation formed by Allegany County
pursuant to §1411 of the New York Not-For-Profit Corporation Law.
Question:
How does the ACTDC feel about risking the integrity of the
911 system by exposing it to public traffic (possible hacking) for profit, and
who is responsible for any breaches in security?
Answer:
There is no “mixing of signals” on this system. ACTDC is
simply installing stand-alone equipment on 911 towers. Customers who sign up
for Broadband will not have any capability of viewing any 911 security
information.
Question:
Who drew up the contract for the last mile provider and did
County Attorney Tom Miner review it?
Answer:
ACTDC, with our attorney Ed Pekarek, created the contract
with last mile providers. County Attorney Tom Miner did not review it because
it was done with our attorney.
Question:
The only accounting seen is a hand written piece of scrap
paper from Legislator Curran. According to the Department of Public Works
annual report, “highway crews spent many hours preparing various tower sites
for the Sheriff’s Department. These include sites in Bolivar, Rushford, Grove,
and Angelica.” Did the Sheriff’s Department pay for this work? If not, what
D.P.W. budget did it come out of (i.e. Bridge Fund, Machinery Fund, Road Fund),
and how much was spent?
Answer:
Legislator Curran distributed a spreadsheet of the last 14
months of ACTDC’s accounting. Questions regarding Public Works and the
Sheriff’s Office should be directed to Public Works, the Sheriff’s Office, and
the County Planner. Legislator Curran spoke with Planning Director Kier Dirlam
concerning gravel purchases for tower sites, and he estimates around $10,000 of
the broadband grant was used as the 911 grant disallowed that product.
Question:
To Legislator Ungermann’s knowledge, there has been no
settlement on the Hamilton Hill Tower with the Blake family. When will that be
settled? Are there any other conflicts by adding broadband systems to existing
towers?
Answer:
ACTDC is unaware of any issues going on with that tower.
Legislator Ungermann asked if they are planning on using the tower. Legislator
Curran stated it does not look like they will, but it’s not out of the
question.
Question:
Requests by private providers for use of the County tower on
Ackerman Hill appear to have been stonewalled. Why is that?
Answer:
This is a matter that has been taken up with the Sheriff and
County Attorney, but I do not believe it has been stonewalled. County Attorney
Tom Miner stated the County now owns that tower. Legislator Healy stated
Southern Tier West put up the tower with grant money, and then reverted it back
to the County for a dollar after so many years, and we now own it.
Legislator Graves stated when this project was originally
proposed, it was never thought that fiber optic would be a possibility, and now
with the State throwing this money around to install fiber optic, he would like
to know how that is going to impact all of this, and will there end up being
more fiber optic and less wireless. Legislator Curran stated there will
probably be more fiber optic, but you more than likely won’t see it off the
main roads, adding any back road with five houses won’t ever see fiber optic.
Legislator Graves asked if this ends up being something the County tires of, do
we have options to get out. Legislator Curran stated he believes so because
they have a not-for-profit external company running it. Legislator Root added
at the last Southern Tier West meeting, they discussed monies coming in from
New York State, and the third round of funds will go towards Broadband so we
should see some money coming to help. Legislator Curran stated currently
ACTDC’s expenditures are payroll to keep the Executive Director employed.
Legislator Ungermann suggested since CONXX owns the license, they take on the
last mile provider which will allows us to eliminate the salary. Legislator
Curran stated they have done that in other areas, but right now they don’t have
the manpower to add another. Legislator Ungermann then suggested they lease it
directly to the County, and give the last mile provider the option to put out
to bid which towers they want. Legislator Ungermann continued that he doesn’t
see how the County is ever going to get paid back, and when you’re adding more
money to the consumer every month, it will eventually get to a point where they
will ask themselves if they really want to pay for this or just deal with
slower internet. Legislator Fanton commented that he guarantees no one wants to
deal with slow internet. Legislator Curran stated they are looking at
installing 25mpbs, and you can’t be competitive by installing any less than
that. Legislator Curran stated they will get the capital back by signing up
customers, and there are quite a few in the County that are in need. Legislator
Ungermann stated they will sign up if they are willing to spend the extra
money. Legislator Curran stated it’s no more expensive than what they get from
Frontier. Legislator Ungermann stated the business plan indicates they will be
charging an extra $10 per month; therefore, he doesn’t believe they will be as
affordable. Legislator Ungermann continued that his issue with this is you’re
looking at a $50,000 salary plus $25,000 in benefits, plus mileage, and
government just keeps getting bigger here. Legislator Curran stated this isn’t
government; it is a private external corporation that is borrowing the money. Legislator
Ungermann stated when the County is funding it, it is government. Legislator
Healy asked how many employees they have. Legislator Curran stated they have
one employee. Legislator Healy then asked if he is full-time or has another job
on top of this. Legislator Curran stated he is full-time and works hard and
diligently.
Good of the Order
Majority Leader Healy announced a caucus at 1:30 p.m. in
Room 220.
Adjournment
There being no further business to come before the
Committee, the meeting was adjourned at 1:24 p.m. following a motion by
Legislator Fanton, seconded by Legislator Root, and carried.
Respectfully submitted,
Meghan Washer, Secretary to Clerk of the Board
Allegany County Board of Legislators
