ALLEGANY COUNTY BOARD OF
LEGISLATORS
Regular Session
November 8, 2004
The regular meeting of the Board of Legislators was called to
order at 2:00 p.m. by Chairman Palmer.
Pledge of allegiance to the flag.
The invocation was given by Legislator Truax.
Roll Call: All present.
PRIVILEGE OF THE FLOOR:
Chairman Palmer
granted privilege of the floor to Scott Spillane, Veterans’ Service Agency
Director, to honor the late Howard Fay, World War I Veteran. Mr. Spillane presented his daughter, Phyllis
Fay Young of Scio, with the Purple Heart and WWI Victory Medal, awarded
posthumously to Howard Fay for injuries sustained in valorous action during
June and July of 1918 in France. Mrs.
Young was accompanied by Deborah Aumick and Joel Buchanan (Mr. Fay’s granddaughter
and great-grandson respectively).
Chairman Palmer presented certificates of appreciation in
recognition of 30 years of service to Allegany County. The following four employees were
honored: Patricia Schmelzer, Department
of Social Services; Patricia Hurd, Department of Social Services; Lloyd Paul
Fuller, Employment and Training Center; and Steven Cummings, Department of
Public Works. (Mr. Fuller and Mr.
Cummings were not present to receive their certificates.)
Privilege of the floor was also granted to Kelly Beil, Family
Development Division Director for ACCORD.
Ms. Beil noted that the third week in November is being set aside to
raise awareness of hunger and homelessness.
ACCORD facilitates a consortium of area agencies serving approximately
250 homeless individuals in Allegany County.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. Placed on each legislator’s desk were
copies of the Board meeting minutes of October 12 and 25, 2004 for review.
2. Placed on each
legislator’s desk was a copy of the Report of Intrafund Transfers approved by
the County Administrator for the month of October 2004.
3. 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 October 2004.
4. A Certificate of Withdrawal of Delinquent
Tax Lien was filed on November 4, 2004 by the County Treasurer in the Clerk of
the Board’s Office for property in the Town of Andover pursuant to Article 11
of the NYS Real Property Tax Law.
5. Notice was received of the American Red
Cross Ribbon Cutting and Open House to be held on December 2 from 5:00 to 7:00
p.m. at 112 North Main Street in Wellsville.
6. Notice was received in the Clerk of the
Board’s Office of the next Inter-County Association meeting to be hosted by
Chemung County on November 19 at the Wings of Eagles Museum in Horseheads.
7. A media release was received from Southern
Tier West Regional Planning and Development Board highlighting their October
board meeting.
PROCLAMATION:
The Clerk of the Board announced that Chairman Palmer is
proclaiming the week of November 14 as Hunger and Homelessness Prevention Week
in Allegany County. Chairman Palmer
urged all citizens to learn about programs sponsored by the Allegany County
Homelessness Prevention Consortium and commended the consortium for their work
toward improving resources to address homelessness in our community.
RESOLUTIONS:
AUTHORIZING CHAIRMAN TO CONTINUE DISCUSSIONS
WITH
JAMESTOWN COMMUNITY COLLEGE TO DETERMINE
FEASIBILITY OF ESTABLISHMENT OF AN EXTENSION SITE IN ALLEGANY COUNTY
Offered by:
Legislator James G. Palmer
WHEREAS,
there is no Community College located within Allegany County, and
WHEREAS,
it is the desire of this Board to continue to help provide the citizens of
Allegany County with quality and diverse educational opportunities and to
encourage development of such opportunities within the County, and
WHEREAS,
a significant number of Allegany County residents who attend a community
college attend Jamestown Community College, and
WHEREAS,
Jamestown Community College provides unique educational programs, services
and opportunities which are not currently available within the County at the
other universities and colleges located in the County, and
WHEREAS,
this Board believes that the enhancement of educational resources within
the County is an important factor in encouraging economic development in the
County and in helping to provide the youth of the County with educational
choices which will allow them to remain in the County, now, therefore, be it
RESOLVED:
1. That
this Board hereby authorizes the Chairman of this Board together with any other
Legislators or individuals selected by the Chairman to continue discussions
with Jamestown Community College in order to determine the feasibility of the
establishment of an extension site of Jamestown Community College within the
County.
Moved by: Mr. Dibble Adopted:
Roll Call
Seconded by: Mrs. Myers
13 Ayes, 2 Noes, 0 Absent
Voting No: Russo, Sobeck
ADOPTION OF LOCAL LAW INTRO. NO. 4-2004,
PRINT NO. 1, IN RELATION TO A LOCAL LAW OF THE COUNTY OF ALLEGANY TO
PROVIDE AN ORDERLY PROGRAM FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF
SOLID WASTE AND RECYCLABLES IN ORDER TO PROMOTE THE SAFETY, HEALTH, WELFARE AND
CONVENIENCE OF THE CITIZENS OF ALLEGANY COUNTY, AND TO PROHIBIT RANDOM REFUSE
DISPOSAL AND LITTERING ALONG PUBLIC HIGHWAYS AND ROADS, AND IN FURTHERANCE OF
THE LEGISLATIVE FINDINGS SET FORTH BELOW, AND TO REPEAL LOCAL LAW NO. 2 OF THE
YEAR 2000, AS AMENDED
Offered by:
Public Works Committee
RESOLVED:
1. That
proposed Local Law, Intro. No. 4-2004, Print 1, is adopted as follows, to wit:
COUNTY OF ALLEGANY
Intro. No. 4-2004 Print No. 1
A
LOCAL LAW OF THE COUNTY OF ALLEGANY TO PROVIDE AN ORDERLY PROGRAM FOR THE
COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE AND RECYCLABLES IN ORDER
TO PROMOTE THE SAFETY, HEALTH, WELFARE AND CONVENIENCE OF THE CITIZENS OF
ALLEGANY COUNTY, AND TO PROHIBIT RANDOM REFUSE DISPOSAL AND LITTERING ALONG
PUBLIC HIGHWAYS AND ROADS, AND IN FURTHERANCE OF THE LEGISLATIVE FINDINGS SET
FORTH BELOW, AND TO REPEAL LOCAL LAW NO. 2 OF THE YEAR 2000, AS AMENDED
BE IT ENACTED by
the Board of Legislators of the County of Allegany, State of New York, as
follows:
SECTION
1. LEGISLATIVE FINDINGS.
The
Board of Legislators of Allegany County, upon consideration and in support of
the adoption of this local law, hereby finds and declares:
The
safe and proper disposal of the solid wastes generated by the people of the
County of Allegany has long been and remains a matter of serious public
concern. In the mid-1960’s the Allegany
County Board of Supervisors began the countywide examination of the problems
associated with solid waste disposal in the County of Allegany. In 1969 the Board of Supervisors authorized
the Allegany County Planning Board to jointly apply with Steuben County for
funds from the New York State Department of Health to conduct a solid waste
disposal study. A Steuben-Allegany
County Solid Waste Study Committee was created by the legislatures of Allegany
and Steuben Counties to carry out the study.
That committee reported to the Allegany County Board of Legislators (successor
to the Board of Supervisors) in 1972 and recommended a centralized county
landfill as part of an integrated solid waste disposal system. At the time of this recommendation and
during the preceding decades, each town and/or village in the County provided,
either individually or in concert with other town or village governments, a
dump or incinerator for use by local residents and businesses as a traditional
government service. The growing
concerns regarding the operational safety of these facilities and the increased
public awareness of adverse and environmental impacts caused by the operation
of these dumps and the incinerator together with the potential for public
health problems associated with these types of locally provided disposal sites
prompted this countywide action.
In
1973 the Board of Legislators created a Solid Waste Advisory Committee to
implement the recommendations of the Steuben-Allegany County Solid Waste
Study. The Advisory Committee held a
public informational meeting in order to educate the public about the issues
regarding solid waste disposal confronting the entire County and to acquire
additional information from citizens and town and village officials. Engineering services for solid waste
disposal were subsequently approved and contracted for by the Board of
Legislators. In September 1973 the
Board received a report of a helicopter over flight of 14 of the County’s
municipal landfills and the conditions of each landfill.
The
County instituted a solid waste pilot project in the Town of Willing in
November 1973. This pilot project consisted of the placement on County property
of solid waste disposal containers for use by the public and the disposal of
the solid waste by the County. This
pilot project was continued through 1974.
In
October 1974 the Board of Legislators received the summary report of the
Consolidated Solid Waste Disposal Study from the Solid Waste Advisory
Committee. The study recommended the
construction of a single County solid waste landfill to replace the municipal
landfills. In late 1974 and into 1975 a
series of meetings were held throughout the County to discuss the proposed
County landfill. The Board of
Legislators received numerous resolutions and correspondence from towns and
villages both in favor of and opposing a single County owned and operated
landfill. In March 1975 a resolution to
approve a single landfill solid waste disposal system was defeated by the
Board. In May 1975 a resolution of
intent to provide a system of solid waste disposal for the County was adopted
and a special Solid Waste Committee of the Board of Legislators was
established. The Solid Waste Advisory
Committee created in 1973 was abolished by this resolution.
In
August 1975 the Solid Waste Committee reported to the Board of Legislators its
determination that a single landfill system was considered the most practical
and economical method for the safe disposal of solid waste in the County. The jurisdiction over solid waste matters
was subsequently placed in the Historical and Planning Committee of the
Board. The Board thereupon began a
process of considering sites for a landfill and exploring alternative systems
for the disposal of solid waste. In
1977 the Board adopted a local law pursuant to Article 8 of the Environmental
Conservation Law providing for the environmental quality review of proposed
actions that may have a significant effect on the environment.
In
1978 the Board considered the advisability of participating in the proposed
Cuba Cheese Refuse to Energy Project under consideration by Cattaraugus
County. In February 1980 a capital fund
was established by the Board in the amount of $600,988 for the Allegany County
Solid Waste Program. That year also saw
the purchase of County vehicles for trucking solid waste and the authorization
of the expenditure of 1.25 million dollars for countywide solid waste
disposal. In 1980 a contract was
entered into by the County with the County of Cattaraugus to supply solid waste
to the Cuba Cheese Refuse to Energy Program.
In 1980 and 1981 the Board of Legislators received engineering reports
recommending the establishment of a system of County solid waste transfer
stations for the collection of solid waste and directed the preparation of a
Draft Environmental Impact Statement (DEIS) in relation to a proposed Allegany
County Transfer Station System. In
September 1981 the Board of Legislators created the Allegany County Department
of Public Works and assigned solid waste responsibilities to that
Department. On September 28, 1981 the
Board adopted a resolution finding that the DEIS for the Allegany County
Transfer Station System was complete and authorized the Clerk of the Board to
file a notice of completion. A public
hearing was held on the DEIS on October 26, 1981.
From
March 1981 through November 1981 the Board secured options for the purchase of
real property for the location and construction of the Solid Waste Transfer
Station System. In February 1982 the
final Environmental Impact Statement for a Solid Waste Transfer Station System
was completed and found satisfactory.
On August 9, 1982 a resolution was adopted to continue with the
development of seven solid waste transfer station sites within the County. Subsequently contracts for construction of
those sites and for securing equipment were approved and executed. Construction of the transfer stations began
in August 1982.
In
November 1982 the Board of Legislators approved an agreement between the County
and Environmental Consultants, Inc. in regard to a proposed solid waste
landfill in Allegany County. In March
1983 transfer stations in the Towns of Caneadea, Canaseraga, Cuba/Friendship,
Angelica, Alfred, and Bolivar were opened for operation. The transfer station in Wellsville opened on
June 1, 1983.
Pursuant
to its agreement with Cattaraugus County, the Allegany County Department of
Public Works delivered over 12,000 tons of solid waste to the Cuba refuse to
energy incinerator during 1983.
Additionally, 10,000 tons of solid waste was disposed of by the County
at a private landfill.
In
1984 the Board of Legislators authorized the original improvement of a refuse
disposal area designated for the location of a sanitary landfill at a maximum
estimated cost of $972,000. The
Department of Public Works began selling recyclable materials collected as part
of the solid waste disposal process pursuant to a June 1984 resolution of the
Board of Legislators.
A
DEIS for the proposed Allegany County Landfill was delivered to the Legislators
in November 1984. In December 1984 the
Board of Legislators adopted a resolution approving the continuance of the
development and operation of a proposed County owned landfill subject to the
acquisition of real property. On
December 21, 1984 the Board of Legislators resolved to exercise options to
purchase property in the Town of Angelica from several owners as a site for the
construction of a County landfill. In
1984 the County delivered 17,826 tons of Allegany County solid waste to the
Cuba incinerator. The County also
delivered 13,200 tons to a private landfill for disposal. In addition, 1984 saw the enactment of the
statewide bottle return bill and increased recycling efforts within the County.
In
1985 construction of the County Landfill in the Town of Angelica was
commenced. The County Landfill opened
on September 23, 1987 and began accepting solid waste. Additionally, during that year the position
of Recycling Coordinator was created in the Public Works Department. A voluntary recycling program was instituted
and commenced in 1989 with a mandatory program implemented in 1990. In 1987 through 1989 the County Landfill
disposed of increasing tonnages of solid waste and the separation and sale of
increasing amounts of recyclable materials.
In 1988 and 1989 educational programs by the Department of Public Works
concerning solid waste management were initiated by the County. In addition, the related issue of the
disposal of household hazardous waste was addressed through programs presented
at meetings of various civic organizations and through media releases. In 1989 two new cells were constructed at
the Landfill and the County Landfill took in 39,800 tons of solid waste. The County’s recycling program removed in
excess of 800 tons of solid waste from the waste stream during the year
1989. 1990 saw continued educational
efforts by the County with emphasis on all aspects of waste reduction,
recycling and composting and their relationship to the overall issue of solid waste
management. The County conducted workshops
for the public and a recycling workshop for elementary school teachers. Cell 3 of the County Landfill was completed
in 1990 and the Landfill disposed of 40,800 tons of solid waste and processed
and removed from the waste stream almost 1,100 tons of recyclable
materials.
In
1991 the County enacted Local Law No. 1 of 1991 entitled, “A Local Law in
Relation to the Maintenance and Operation of Allegany County Solid Waste
Management and Resource Recovery.” The
local law created a comprehensive solid waste management program for Allegany
County including requirements for recycling and disposal of hazardous
materials. A permit system was adopted
for the use of County facilities and disposal of solid waste at the transfer
stations and Landfill. During the year
1991 the County also adopted a resolution opposing the construction of a
proposed ash monofill by a private corporation to be located in the Town of
Angelica. A private construction and
demolition debris landfill opened in the County in April 1991. Cell 4 of the
County Landfill, construction of a leachate storage pond and new ground water
monitoring wells were begun in 1991 and completed in 1992. Over 31,400 tons of solid waste was disposed
of at the County Landfill and 2,150 tons of recyclable materials were collected
and removed from the waste stream in 1991.
The
Board of Legislators approved the construction of additional cells at the
County Landfill in 1992, and in September 1992 approved the Allegany County
Solid Waste Management Plan subject to the review and advice of the New York
State Department of Environmental Conservation. In 1993 the County purchased additional land adjoining the
Landfill in order to improve the efficiency of Landfill operations. The Allegany County Solid Waste Management
Plan was officially approved by the New York State Department of Environmental
Conservation and adopted by the Board of Legislators in January 1994. The Plan provided an integrated system of
solid waste management for the County.
The remainder of the 1990’s saw the implementation of the County Solid
Waste Management Plan, its updating as required by law, and the continued
growth of the County recycling program.
In
1998 the proposed privately owned ash monofill in the Town of Angelica (the Hyland
Facility) was permitted as a solid waste disposal facility. This facility accepted and continues to
accept construction and demolition debris.
The vast majority of the solid waste accepted at the Hyland Facility was
and is generated outside of Allegany County.
By
1999 the County was processing on an annual basis over 4,000 tons of recyclable
materials and continued construction of additional Landfill cells was
authorized. In August 1999 the issue of
whether or not to operate the Landfill as an enterprise fund was raised and
referred to the Public Works Committee of the Board of Legislators. In 2000 the Board of Legislators enacted
Local Law No. 2 of 2000 that made changes in the operation of the County Solid
Waste Management and Resource Recovery System and repealed Local Law No. 1 of
1991. The early years of the 21st
Century have seen continued growth in the operation of the County’s integrated
solid waste management system and the efficiency of its recycling program.
Since
the inception of the County’s Solid Waste Management Program the expenses of
the disposal of solid waste and recycling have been paid for through the
general tax levy. Until 2004 only a
nominal fee of $10 had been charged for a permit to use the County system. In order to assist in paying for the
operation of the Integrated Solid Waste Management System and to help reduce
the tax burden, the County has entered into agreements with other
municipalities and private businesses for the acceptance of solid waste
generated outside of the County. Some
of these materials have been used as daily cover for the Landfill thereby
contributing to the economical operation of the Landfill. All of such agreements have proved to be
beneficial to the County’s operation.
However, concern developed regarding the resulting diminution in
landfill space and the attendant decrease in probable life of the County
Landfill.
The
general tax levy method of financing the costs of waste disposal allows
tax-exempt entities to dispose of solid waste without cost. This financing method places the burden for
covering the disposal expenses of those tax-exempt entities, some of which are
large and produce a significant amount of waste, on the taxpayers. In 2002 and 2003 the Board of Legislators
and its various committees conducted an examination of the financing of the
County’s Solid Waste Operation and determined that the imposition of modest
annual fees should be used to help offset disposal costs. In 2003 the Board of
Legislators adopted a resolution amending the solid waste rules and regulations
to provide for an annual individual user fee of $60 within the existing permit
structure for the disposal of solid waste in the County’s system. Additionally, municipalities that collect
and haul solid waste to be disposed of in the County system, either directly or
through contract, were charged a nominal fee of $500. Large commercial solid waste collectors and haulers were charged
an annual permit fee of $2,500 and smaller commercial collectors and haulers a
lesser amount. The imposition of this
user fee system did not pay the total cost of solid waste disposal in Allegany
County and the Board continued its study and investigation into alternative
methods of paying the costs of disposal of non-recyclable solid waste.
This
Board has thoroughly investigated the operations of the Allegany County Solid
Waste System and has determined that the most equitable method of financing the
disposal of solid waste for the citizens of Allegany County is a user fee for
the disposal of non-recyclable waste.
While such a user fee system will not immediately pay the total cost of
solid waste disposal in the County, a user fee system is a much more fair,
equitable and fiscally responsible method to pay for the solid waste system
than taxes, because all waste generators, including tax-exempt entities, pay
based on the amount of waste they dispose of and this fee system is structured
to allow the County Solid Waste System to eventually be self-sustaining. Additionally, with no fees charged for the
delivery of recyclable materials to the County system, there is a financial
incentive for all waste generators to lower their disposal costs. This user fee system maximizes the
opportunities for environmental benefits from increased recycling and waste
reduction activities, and all waste generators are equitably served when all
generators deliver their wastes, both non-recyclable and recyclable, to the
County’s system. However, fiscal inequity
results when some waste generators or a significant number of haulers do not
participate in the system. In addition,
waste reduction and recycling benefits are lost when recyclable materials are
commingled with non-recyclable waste for disposal at non-County facilities.
The
Allegany County Board of Legislators finds that additional programs and
additions to the existing system of public solid waste disposal facilities will
be required from time to time to implement the solid waste management program
in the future. These include, but are not
limited to, the necessity of periodically expanding the Landfill and other
system components in order to continue to provide a local, long-term, publicly
owned and operated solid waste management system that will provide an
environmentally sound and secure disposal site for non-recyclable wastes and a
processing system for recyclable wastes to reliably meet the needs of future
generations of residents, businesses and other local generators of solid waste;
the investigation into and implementation of new and more economical and
environmentally sound methodologies for the disposal of non-recyclable solid
waste and the processing of recyclables as they are developed to help extend
the useful life of the County Landfill; and the continued evaluation of the feasibility
of recycling additional materials, as warranted by market and economic
conditions.
The
Allegany County Board of Legislators further finds and declares that the
integrated system developed pursuant to the Solid Waste Management Plan has
been and continues to be intended to serve all of the waste generators in
Allegany County in an environmentally sound and reliable manner, for current
and future generations. That the
integrated County system was not designed to dispose of large quantities of construction
and demolition debris and that there currently exist in the County two
permitted privately owned facilities which accept construction and demolition
debris for disposal. Therefore, the
amount of County-generated construction and demolition debris accepted for
disposal in the County system should be subject to limitation. The system of
disposal is most effective in achieving its goals, both in terms of system
administration and equitable distribution of system costs, when all of the
non-recyclable waste and the types and amounts of recyclable waste and
construction and demolition debris designated from time to time by the County,
generated in Allegany County, is directed to the County owned facilities
established for the system. As a result
of recent judicial action in the Federal Courts, legal uncertainty with respect
to the power of municipal governments to direct the flow of waste to public
facilities has been resolved. The
County of Allegany is legally empowered to direct the flow of waste generated
in the County to facilities constructed by the County for the disposal,
recycling or other processing of solid waste.
The County hereby declares it in the public interest to adopt the
annexed legislation requiring the delivery of solid waste and recyclable waste
generated within the County to the Allegany County Landfill or transfer
stations for disposal, in order to include such waste within the integrated
system, for the long term benefit of all participants of the system and the
residents and taxpayers of this County.
SECTION 2. DEFINITIONS.
As used in this local law:
1. “Board
of Legislators” means the Board of Legislators of the County of Allegany.
2. “Commercial
Waste Collector” means a Waste Collector who engages in the collection, pickup,
transfer, removal and/or disposal of Solid Waste and/or Recyclable Material and
transports that Solid Waste or Recyclable Material to a Solid Waste Management
Facility as a business or for compensation.
3. “Committee”
means the Public Works Committee of the Board of Legislators.
4.
“Commercial and Industrial Solid Waste” means Solid Waste generated by stores,
offices, institutions, restaurants, warehouses, manufacturing or industrial
processes in industrial facilities, non-manufacturing processes in industrial
facilities and agricultural enterprises.
This term does not include oil or gas drilling, production, and
treatment wastes (such as brines, oil and fluids); or overburden, spoil, or
trailing resulting from mining; or solution mining brine and insoluble
component wastes.
5. “Construction and Demolition Debris” means
uncontaminated Solid Waste resulting from the construction, remodeling, repair
and demolition of structures and roads; and uncontaminated solid waste
consisting of vegetation resulting from land clearing and grubbing, utility
line maintenance and seasonal and storm related cleanup. Such waste includes, but is not limited to:
bricks, concrete and other masonry materials, soil, rock, wood, wall coverings,
plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles,
asphaltic pavement, glass, plastics that are not sealed in a manner that
conceals other wastes, electrical wiring and components containing no hazardous
liquids, and metals that are incidental to any of the above. Solid waste that is not construction and
demolition debris (even if resulting from the construction, remodeling, repair
and demolition of structures and roads and land clearing) includes, but is not
limited to: asbestos wastes, garbage, corrugated container board, electrical
fixtures containing hazardous liquids such as fluorescent light ballasts or
transformers, carpeting, furniture, appliances, tires, drums and containers,
and fuel tanks. Specifically excluded
from the definition of construction and demolition debris is Solid Waste
(including what otherwise would be construction and demolition debris)
resulting from any processing technique, other than that employed at a
construction and demolition processing facility, that renders individual waste
components unrecognizable, such as pulverizing or shredding.
6.
“County Facility” means a Solid Waste Management Facility owned or
operated by the County of Allegany.
7. “Department”
means the Allegany County Department of Public Works.
8. “Person”
means any individual, educational institution or other institution, group of
individuals, partnership, firm, corporation, not-for-profit organization,
association, state, county, city, town, village, improvement district or any
other entity.
9. “Recyclable
Material” means any material designated, from time to time, by the regulations
adopted pursuant to this local law or the Department, which is separated from
the waste stream and held for its material recycling or reuse value.
10. “Residential
Waste” means Solid Waste generated from all houses, apartments, and other
residential dwellings, including, but not limited to, all single family
dwellings and multifamily dwellings in the County.
11. “Residential
Waste Collector” means a Waste Collector who engages in the collection, pickup,
transfer, removal and/or disposal of Residential Waste and/or Recyclable
Material generated at the waste collector’s dwelling and transports that
Residential Waste or Recyclable Material to a Solid Waste Management Facility.
12. “Resource
Recovery” means the separation, extraction and recovery of usable materials,
energy or heat from Solid Waste through source separation, recycling centers or
other programs, projects or facilities.
13. “Solid
Waste” means all putrescible and non-putrescible materials or substances
discarded or rejected as being spent, useless, worthless or in excess to the
owners at the time of such discard or rejection, including but not limited to
garbage, refuse, industrial and commercial waste, sludges from air or water
pollution control facilities, or water supply treatment facilities, rubbish,
ashes, contained gaseous material, incinerator residue, such amounts and types
of Construction and Demolition Debris as designated from time to time by resolution
of the Board of Legislators or regulation, discarded automobiles and offal but
not including sewage and other highly diluted water carried materials or
substances and those in gaseous form.
14. “Solid
waste generated outside of the County of Allegany” means Solid Waste created
outside of the geographic boundaries of the County of Allegany.
15. “Solid
Waste Hearing Board” means the Board described in SECTION 13. of this Local
Law.
16. “Solid
Waste Management” means the purposeful and systematic collection, pickup,
transportation, removal, storage, processing, recovery and disposal of Solid
Waste and Recyclable Material.
17. “Solid
Waste Management Facility” means any facility employed beyond the initial Solid
Waste pickup and collection process including, but not limited to, transfer
stations, baling facilities, rail haul or barge haul facilities, processing
systems, including recycling facilities, resource recovery facilities or other
facilities for reducing Solid Waste volume, sanitary landfills, facilities for
disposal of Construction and Demolition Debris, plants and facilities for
compacting, composting or pyrolization of Solid Wastes, incinerators and other
Solid Waste disposal, reduction or conversion facilities.
18. “Source
Separation” means the segregation of Recyclable Materials from the Solid Waste
stream at the point of generation for separate collection, sale or other
disposition.
19. “Superintendent”
means the Superintendent of Public Works of the County of Allegany.
20. “Waste
Collector” means any person, including Commercial Waste Collectors and
Residential Waste Collectors, so deemed by the Department engaged in the
collection, pickup, transfer, removal and/or disposal of Solid Waste and/or
Recyclable Material and transports that Solid Waste or Recyclable Material to a
Solid Waste Management Facility.
SECTION 3. LEGISLATIVE AUTHORITY.
The Board of Legislators
has the power to:
1. Formulate, adopt, promulgate, amend, modify
and repeal rules and regulations in furtherance of this Local Law for
controlling the storage, collection, recycling and disposal of solid waste and
recyclable material in Allegany County.
2. Control the storage, collection, recycling
and disposal of solid waste and recyclable material in accordance with the
provisions of this Local Law, and of the rules and regulations promulgated
pursuant hereto.
3. Hold hearings, subpoena and compel the
attendance of witnesses and the production for examination of any book, paper
or item relating to the matter under investigation; for this purpose, the
Public Works Committee of the Board of Legislators is designated to hold
hearings and issue subpoenas. The Board
of Legislators, upon recommendation of the Chairman of the Board of
Legislators, may designate any of its members or the Superintendent of Public
Works to hold hearings and issue subpoenas.
4. Make findings of fact and determinations.
5. Make, modify, amend, repeal or cancel
orders affecting the control of the storage, collection, pickup, transportation,
recycling or disposal of solid waste and recyclable material.
6. Request the County Attorney to institute
civil actions, proceedings or hearings to compel compliance with the orders of
the Board of Legislators, and with the provisions of this Local Law and the
rules and regulations promulgated pursuant hereto.
7. Prepare and issue or direct the preparation
and issuance of criminal informations or otherwise institute criminal
proceedings against persons found to be in violation of this Local Law.
8. By resolution or local law, fix, modify or
change fees for the use of County Facilities or the disposal, storage,
processing of solid waste and recyclable material and for permits and renewals
thereof.
9. Delegate the issuance of permits and
renewals thereof to the Superintendent of Public Works.
10. Cancel, suspend or revoke permits after a
hearing.
11. Take such other action as it may deem
necessary, proper or desirable to enforce the provisions of this Local Law, or
any of the rules and regulations promulgated pursuant hereto.
SECTION 4. GENERAL
FUNCTIONS, POWERS AND DUTIES OF THE DEPARTMENT AND THE SUPERINTENDENT.
1. It shall be the responsibility of the
Department, in accordance with such existing provisions and limitations as may
be by law and elsewhere set forth in law, by and through the Superintendent, to
carry out the solid waste management and resource recovery policies of the
County of Allegany. In so doing, the
Superintendent, with the advice and consent of the Committee, shall have power
to:
a. Coordinate and develop policies, planning
and programs related to the solid waste management and resource recovery of the
County of Allegany.
b. Prescribe the practices and procedures for
use of County Facilities, including hours of operation and directing to which
County Facility certain types of solid waste or recyclable material shall be
delivered.
c. Prescribe and recommend methods for the
processing, recovery, recycling and reuse of solid waste or, where recycling
and reuse are not possible, the disposal of solid waste, including domestic and
industrial refuse, junk cars, litter and debris consistent with sound health,
scenic, environmental quality, and land use practices, including but not
limited to, Solid Waste offered for disposal at County Facilities, including,
but not limited to, the types of solid waste acceptable for disposal at County
Facilities, the limitation of disposal of such waste to solid waste generated
solely within the County of Allegany except when Solid Waste generated outside
of the County of Allegany is authorized for disposal at a County Facility by
resolution or local law adopted by the Board of Legislators when it may from
time to time determine it to be in the public interest to allow such outside
Solid Waste to be so disposed.
d. Encourage activities consistent with the
purposes of this law by advising and assisting local governments, institutions,
industries, and individuals.
e. Undertake a public information and
education program to inform and involve other public and private organizations
and groups and the general public in the commitment to the principles and
practices of Allegany County Solid Waste Management.
f. Cooperate with the executive, legislative
and planning authorities of the State of New York, neighboring counties and
their municipalities in furtherance of the policies of the County of Allegany.
g. Exercise and perform such other functions,
powers and duties as shall have been or may be from time to time conveyed or
imposed by law, including, but not limited to, all the functions, powers and
duties assigned and transferred to the Department by the Board of Legislators.
h. Recommend to the Public Works Committee
such rules and regulations to implement this law, or other laws or resolutions
of the Board of Legislators and the Committee, as well as assure compliance
with the Environmental Conservation Law, the Rules and Regulations of the New
York State Commissioner of Environmental Conservation and the United States
Environmental Protection Agency.
SECTION 5. SOURCE SEPARATION IMPLEMENTATION.
1. Each Commercial Waste Collector shall
submit a plan for approval to the Superintendent not more than 60 days after
the adoption of this local law and any and all regulations pursuant to the
local law to provide for collection of Solid Waste and Recyclable
Material. Such plan shall include, but
not be limited to, the description of the type of waste, frequency of
collection, names and addresses of all persons whose Solid Waste will be
collected, and provision for collecting and marketing Recyclable Material. Such a plan shall also propose a schedule of
implementation which implementation shall take effect no later than January 1,
2005.
2. Any Persons who dispose of Solid Waste and
Recyclable Material at a County Facility shall separate such Solid Waste and
Recyclable Material in accordance with such rules and regulations as are
adopted and promulgated by the Committee.
3. On or before March 1st of each year, all
Commercial Waste Collectors shall submit a report to the Superintendent
containing the total amount, broken down by type, of Recyclable Materials
removed by such Commercial Waste Collector from the waste stream.
SECTION 6. PERMITTING OF WASTE COLLECTORS AND PERSONS.
1. Prior to disposing of Solid Waste or
Recyclable Material at the County Landfill or other County Facility, all
Commercial Waste Collectors, Resident Waste Collectors, Waste Collectors and
Persons shall obtain a permit from the Department. Issuance of a permit to a Waste Collector or Person shall allow
the holder of the permit to offer for disposal and dispose of, at a County
Facility, Solid Waste or Recyclable Material generated solely within the County
of Allegany, or generated outside the County of Allegany when authorized by the
Board of Legislators in accordance with the provisions of section three of this
local law, and acceptable for disposal pursuant to rules and regulations
adopted and promulgated by the Committee.
2. No Waste Collector or Person shall offer
for disposal or dispose of Solid Waste or Recyclable Material inconsistent with
this local law, the rules and regulations promulgated pursuant to this local
law or other local law or resolution of the Board of Legislators or the
Environmental Conservation Law. Such inconsistent
offering or disposal of solid waste or recyclable material shall constitute a
violation of this local law.
3. Any Person who is a resident or taxpayer of
the County of Allegany, operates a business in the County of Allegany or is
specifically designated by the Board of Legislators shall be entitled to a
permit hereunder.
SECTION 7. DISPOSAL OF SOLID WASTE.
1. All
Waste Collectors and Persons shall deliver all Solid Waste generated within the
County to a County Facility for disposal in accordance with this local law and
applicable rules and regulations promulgated pursuant hereto. No Waste Collector or other Person shall
dispose of Solid Waste at the County Landfill or any County Facility without a
duly issued and valid permit.
2. Solid Waste generated outside the County
will not be accepted at the County Landfill or at any other County Facility
except pursuant to a specific contract approved by the Board of Legislators.
3. Anyone entering the County Landfill or any
other County Facility to dispose of Solid Waste must adhere to the rules and
regulations promulgated pursuant to this local law and must follow the
instructions of the attendant on duty.
4. Nothing in this local law shall be
construed at any time to restrict the ability of the Department to refuse to
accept Hazardous Waste or other Prohibited Materials at the County Landfill or
any other Facility.
5. No
Waste Collector or other Person shall dispose of Solid Waste at the County
Landfill or at any other County Facility unless such Person or entity shall pay
the applicable disposal or user fee established by the Board of Legislators for
the disposal of such waste.
6. All Solid Waste disposal requirements
specified in this subsection, including, but not limited to, disposal or user
fees or charges, may be imposed, changed, amended or adjusted at any time by
resolution of the Board of Legislators or by the Committee or Department acting
in accordance with this local law and rules, regulations and/or policies and
guidelines adopted, promulgated or established pursuant to this local
law.
SECTION
8. DISPOSAL OF RECYCLABLE
MATERIAL.
1. All
Waste Collectors and Persons shall deliver all Recyclable Material generated
within the County to a County Facility.
No Waste Collector or other Person shall dispose of Recyclable Material
at a County Facility without a duly issued and valid permit.
2. All
Persons generating Solid Waste and/or Waste Collectors collecting Solid Waste
and/or Recyclable Material generated within the County, must separate such
Recyclable Material from the Solid Waste stream into such categories and/or
into such packages or containers as specified in this local law or as
designated and prescribed by the rules and regulations promulgated pursuant to
this local law or the Department, and all Waste Collectors and other Persons
holding duly issued and valid permits must ensure that any such Recyclable
Material be delivered to a County Facility. The Department will maintain an
up-to-date list of Recyclable Material, which may be modified from time to time
by resolution of the Public Works Committee, or by the Department acting in
accordance with policies and/or guidelines established and adopted by the
Committee, and that may be amended from time to time by the Committee, Board of
Legislators or the Department.
3. Solid
Waste and other materials generated within the County that are not included in
the list of Recyclable Material must be separately packaged or contained in
proper containers as specified in this local law or as designated by the
Department.
4. Customers
of Commercial Waste Collectors must be provided the option of hiring full
collection services for both Recyclable Material and Solid Waste, or for hiring
collection of Solid Waste only, and opting to deliver their own Recyclable
Material to a County Facility.
5. No
disposal or user fee will be charged at any County Facility for the disposal of
Recyclable Material except as specifically imposed by the Board of Legislators.
6. All
Recyclable Material disposal requirements specified in this subsection,
including, but not limited to, disposal or user fees or charges, may be
imposed, changed, amended or adjusted at any time by resolution of the Board of
Legislators or by the Committee or Department acting in accordance with this
local law and rules, regulations and/or policies and guidelines adopted,
promulgated or established pursuant to this local law.
SECTION 9. UNLAWFUL DISPOSAL OF SOLID WASTE.
1. It shall be unlawful for any person to
dump, throw, deposit, place or cause to be dumped, thrown, deposited or placed
or allow to be thrown, dumped, deposited or placed in any location within
Allegany County any Solid Waste or any noxious material, except upon or at a
Solid Waste Management Facility, established, owned, operated, licensed, or
contracted with, by the Board of Legislators or such other Solid Waste
Management Facility constructed, owned or operated in compliance with the
provisions of law.
2. It shall be unlawful for any person to
dump, throw, deposit, place or cause to be dumped, thrown, deposited or placed
or allow to be thrown, dumped, deposited or placed in any location within
Allegany County any Solid Waste which has been previously disposed of in a
Solid Waste Management Facility, treated, buried or altered in a Solid Waste
Management Facility, except upon or at a Solid Waste Management Facility as
specifically authorized by the Allegany County Board of Legislators or as
otherwise authorized by law.
3. It shall be unlawful for any person to intentionally
dump, throw, deposit or place any Solid Waste upon any County Facility without
possessing a duly issued and valid permit and paying any disposal or user fee
as may be established by the Allegany County Board of Legislators, unless
specifically authorized by the Allegany County Board of Legislators.
SECTION 10. SOLID WASTE MANAGEMENT FACILITY.
1. No person shall operate a Solid Waste
Management Facility within the County, except in accordance with all applicable
federal and state laws, rules and regulations and this Local Law.
2. The provisions of this Section are in
addition to any rules and regulations required for Solid Waste Management
Facilities by federal and state regulations, including, but not limited to, 6
NYCRR Part 360.
3. Industrial hazardous waste facilities, as
defined and regulated in 6 NYCRR Part 361, are prohibited in the County.
4. Industrial hazardous waste management
facilities, as defined and regulated in 6 NYCRR Part 373, are prohibited in the
County.
5. Low-level radioactive waste disposal
facilities, as defined and regulated in 6 NYCRR Part 382, are prohibited in the
County.
SECTION 11. PROMULGATION OF RULES AND REGULATIONS.
The
Public Works Committee of the Allegany County Board of Legislators shall have
the power to adopt and promulgate rules and regulations pursuant to this local
law. The Superintendent shall cause a
proposed rule or regulation to be posted conspicuously in the Department in a
place maintained for that purpose and on the official bulletin board for
notices located in the Allegany County Courthouse at Belmont, New York, where
it is accessible to members of the general public, and shall cause a copy of
the proposed rule or regulation to be provided to the members of the Committee
at their mailboxes maintained at the County Office Building, Belmont, New York;
such posting and depositing to be at least twenty (20) days prior to offering
the proposed rule or regulation for adoption at a regular or special meeting of
the Committee. A member of the general
public requesting a copy of the posted proposed rule or regulation from the
Department shall be provided one copy without charge. A copy of the proposed rule or regulation shall be filed with the
Clerk of the Board of Legislators who shall cause a summary of such proposed
rule or regulation and notification of its filing in such Clerk’s office to be
published once in the official newspapers at least ten (10) days prior to
offering the proposed rule or regulation for adoption at such regular or
special meeting of the Committee. Prior
to the vote on the question of adoption of the proposed rule or regulation at
such meeting of the Committee, an opportunity to be heard shall be given to the
public. Adoption of the rule or
regulation shall be upon the affirmative vote of a majority of all regular
members of the Committee. Upon
adoption, a copy of the rule or regulation shall forthwith be transmitted to
the Clerk of the Board of Legislators for filing and shall be binding as law on
the tenth (10) day after such filing, excluding the day of filing.
SECTION 12. HEARINGS.
All
hearings held pursuant hereto shall be upon not less than five (5) days notice
to the Waste Collector or Person involved, and shall be held at a time and
location specified by the Board of Legislators, or if designated by the Board
of Legislators, the Public Works Committee of such Board, the Solid Waste
Hearing Board, any ad hoc committee appointed by the Chairman of the Board, or
the Superintendent of Public Works.
SECTION 13. ENFORCEMENT.
1. Civil Sanctions:
a. The Superintendent may suspend or revoke a
permit for violation of the provisions of this Local Law, or of the rules and
regulations adopted and promulgated hereunder.
b. Suspension or revocation of a permit shall
become final five (5) days after service of a notice thereof upon the holder of
a permit.
c. The holder of the permit or other aggrieved
party affected by such suspension or revocation may request a hearing by the
Solid Waste Hearing Board to consider the action of the Superintendent of
Public Works by serving upon the Clerk of the Board of Legislators, a request
for a hearing within five (5) days following the service of the notice of
suspension or revocation. The requested
hearing shall be held no later than five (5) business days after the receipt of
such request.
d. Such suspension or revocation shall
continue in effect pending determination by the Solid Waste Hearing Board.
e. The Superintendent of Public Works, or the
Superintendent's designee, may deny access to a County Facility for just cause.
f. Appeal of this denial may be made to the
Solid Waste Hearing Board in the same manner as set forth in paragraph 1.c. of
this section.
g. The denial of access shall continue in
effect pending determination by the Solid Waste Hearing Board.
h. A permit which has been revoked or
suspended shall be surrendered forthwith to the Superintendent of Public Works.
i. Service of any notice, order or decision
upon a Person shall be made as follows:
1. by mailing a copy of such notice, order or
decision by ordinary mail in a postpaid envelope directed to the person
affected thereby at the person's residence or business address as set forth in
the permit application on file in the Department, or
2. by leaving a copy of such notice, order or
decision with the person, or the person's agent.
3. service of any notice shall be made upon the
Board of Legislators, Public Works Committee of such Board or Superintendent of
Public Works by mailing the notice in a postpaid envelope directed to the Clerk
of the Board of Legislators and the Superintendent of Public Works.
4. the
Solid Waste Hearing Board shall consist of three (3) legislators to be
appointed by the Chairman of the Board of Legislators on an annual basis and
shall serve a term of one (1) year. The Chairman of the Public Works Committee
shall be one (1) of the members of the Solid Waste Hearing Board and the other
two (2) members of the Board (regular members) shall not be members of the
Public Works Committee. The Chairman of
the Board of Legislators shall also appoint two (2) alternate members to serve
in the place of a regular member in the event of the inability of such regular
member to serve. The Chairman of the
Public Works Committee shall designate a member of the Public Works Committee
to serve as an alternate member of the Solid Waste Hearing Board in the event
that the Chairman of the Public Works Committee is unable to serve. After hearing, the Solid Waste Hearing Board
may sustain, modify or cancel any suspension or revocation of a permit or
denial of access to a County Facility made by the Superintendent. Each regular member of the Solid Waste
Hearing Board may designate an individual to serve in his or her place and
stead for such period as shall be reasonably necessary. The Committee’s Chairperson may designate a
third member of the Public Works Committee to serve in the Chairperson’s place
and stead, and upon such designation the Solid Waste Hearing Board may waive
the Committee Chairperson’s attendance and participation.
2. Criminal Sanctions:
a. The
Allegany County Sheriff’s Department, New York State Police, New York State
Department of Environmental Conservation Officers and all local law enforcement
agencies shall be empowered to initiate proceedings against violators hereof in
the name of the County in addition to any other remedies available under State
or local law.
b. Any
Person violating the provisions of this local law or any applicable rules,
regulations or requirements of the Department shall be guilty of a violation,
which shall be punishable upon conviction by a fine of up to $500.00. Each day
during which a violation continues shall be deemed to be a separate
violation.
c. The
Court may also order community service in lieu of, or in addition to, a fine.
Any fines shall be directed to be payable to the County of Allegany and shall
be transmitted to the County Treasurer.
d. Failure
to pay any fine may result in imprisonment as prescribed in the Criminal
Procedure Law.
3. Enforcement
Guidelines:
The Department or Committee may establish and
modify from time to time enforcement guidelines that have been adopted, and
that may be amended from time to time, by the Board of Legislators with regard
to any provision of this local law, including but not limited to enforcement
guidelines for any provision of this local law that have not been in effect
prior to January 1, 2005.
4. In
addition to or in lieu of criminal penalties under this Section, the County of
Allegany may maintain an Action or Proceeding in a Court of competent
jurisdiction to compel compliance with and/or prohibit any violation of the
provisions of this law, including injunction, temporary restraining order or
other legal remedy available under the laws of the State of New York.
5. In addition to the above remedies, any
Collector, Person, corporation, partnership or other entity violating this Law
shall forthwith remove from the County any Solid Waste or Recyclable Material
imported or deposited in violation of this Law and shall also be responsible
for any direct, or indirect, costs associated with correcting the violation.
6. A third violation of any of the provisions
of this Local Law may result in permanently barring the Collector or Person
from using any County Facility at the discretion of the Superintendent of
Public Works.
SECTION 14. APPLICABILITY.
The
County of Allegany recognizes that pursuant to Environmental Conservation Law
Section 27-0711, this Local Law shall not be in effect with respect to any new
Solid Waste Management Facility located in any city, village or area of any
town, located within the County of Allegany, during the time that such city,
village or town has in effect any local law, ordinance or regulations
promulgated pursuant to Environmental Conservation Law Section 27-0711,
provided that such local law, ordinance or regulations are not inconsistent
with the New York State Environmental Conservation Law. In the event that any city, village or town
repeals or ceases to have any local law, ordinance or regulations described in
this subsection, this Local Law shall thereupon automatically take effect in
such city, village or town.
SECTION 15. SEVERABILITY.
If
any provision of this Local Law, or the application thereof to any person or
circumstance, shall be held invalid, the remainder of such Local law, or the
application of such provision to any other person or circumstances, shall not
be affected thereby.
SECTION 16. REPEAL OF LOCAL LAW NO. 2 OF THE YEAR 2000.
Local
Law No. 2 of the year 2000 and any amendments thereto, are hereby repealed as
of the effective date of this Local Law.
SECTION 17. EFFECTIVE
DATE.
This
local law shall take effect immediately.
Moved by: Mr. Graffrath
Adopted: Roll Call
Seconded by: Mr. Sherman
13 Ayes, 2 Noes, 0 Absent
Voting No: Heineman, Reynolds
(Memo: Upon adoption,
Local Law Intro. No. 4-2004 became Local Law No. 3-04.)
A motion was made by Legislator Dibble to
amend Resolution Intro. No. 233-04 (Resolution Establishing Solid Waste User
Fees for Year 2005) by changing Section 1.1. third line to state, “For first
time payers of a user fee, the Residential User Fee will be prorated quarterly
as follows:” and the first period under that statement to read, “January
1 through March 31 - $60.” The
motion failed to receive a second.
RESOLUTION
NO. 212-04
RESOLUTION ESTABLISHING SOLID WASTE USER FEES
FOR YEAR 2005
Offered by:
Public Works Committee
RESOLVED:
1. The
following user fees are established and shall be charged to users of the
Allegany County Solid Waste System during the year 2005:
1. Residential
User Fee - $50 per year for holders of current valid Solid Waste Identification
Tags; $60 per year for newly issued Solid Waste Identification Tags. The Residential User Fee will be prorated
quarterly as follows:
January 1 through March 31 - $50
or $60
April 1 through June 30 - $45
July 1 through September 30 - $30
October 1 through December 31 -
$15
2. Landfill
User Fee - $30 per ton user fee paid at the Landfill at the time of disposal of
solid waste or at such other time as shall be specified by the Superintendent
of Public Works. There shall be charged
a minimum scale fee of $5. The user
fee to be paid for the disposal of Contaminated Soil and Waste Water Treatment
Plant Sludge shall be $25 per ton paid at the Landfill at the time of disposal
or at such other time as shall be specified by the Superintendent of Public
Works.
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.
3. The user fees established by this
resolution will be applicable to all schools, colleges and universities in the
County on January 1, 2005.
4. The user fees established by this
resolution will be applicable to villages and towns which collect solid waste
and recyclable materials as a direct governmental service on June 1, 2005.
Moved by: Mr. Graffrath
Adopted: Roll Call
Seconded by: Mr. Sherman
11 Ayes, 4 Noes, 0 Absent
Voting No: Crandall, Heineman, Reynolds,
Sobeck
ADOPTION
OF LOCAL LAW INTRO. NO. 5-2004, PRINT NO. 1,
TO
PROVIDE INCREASES IN THE COMPENSATION OF CERTAIN COUNTY OFFICERS
Offered by:
Ways and Means Committee
RESOLVED:
1. That proposed Local Law, Intro. No. 5-2004,
Print No. 1, is adopted without any change in language, to wit:
COUNTY OF ALLEGANY
Intro.
No. 5-2004
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, 2005, the
annual salary of the incumbents of the following County offices shall be as
follows: Real Property Tax Service
Agency Director - $43,910; County Clerk - $49,440; Personnel Officer - $51,400;
Sheriff - $60,460; Public Health Director - $65,775; Social Services
Commissioner - $55,620; Superintendent of Public Works - $59,740; Employment
and Training Director - $52,015; County Treasurer - $54,075; Public Defender -
$72,100; County Attorney - $91,670.
Section
2. This local law shall take effect on
the date of its filing with the Secretary of State.
Moved by: Mr. Nielsen Adopted:
Roll Call
Seconded by: Mr. Bennett
12 Ayes, 3 Noes, 0 Absent
Voting No: Regan, Russo, Sobeck
(Memo: Upon its adoption, Local Law Intro.
No. 5-2004 became Local Law No. 4-04.
This local law is subject to permissive referendum, so will not be filed
with the Secretary of State until December 23.)
Resolution
Intro. No. 193-04 (Authorizing Allegany County Clerk to Request Retention of
Necessary Expenses for Mortgage Tax Recording and Collection) was previously
referred to Finance Committee during the September 27 Board meeting and
subsequently referred back to the Board from the October 26 Finance Committee
meeting.
AUTHORIZING ALLEGANY COUNTY CLERK TO REQUEST
RETENTION OF
NECESSARY EXPENSES FOR MORTGAGE TAX RECORDING
AND COLLECTION
Offered by:
Finance Committee
Pursuant to Section 262 of the Tax Law
WHEREAS,
Section 262 of the Tax Law entitles County Clerks to receive all of their
necessary expenses incurred for the administration of the mortgage tax program,
and
WHEREAS,
this Board wishes to authorize the County Clerk to apply for and receive
such expenses, now, therefore, be it
RESOLVED:
1. That
the County of Allegany hereby requests that $7,964.55 per month be retained by
the County for the following necessary expenditures for mortgage tax recording:
Wages
and Fringe Benefits of
County
Clerk Staff attributable
to
mortgage tax program $81,119.67 per year
Total Annual Personnel Costs $81,119.67
Computer System $ 3,200.00
General
Office Supplies 900.00
Postage
675.00
Maintenance
Shared Service 9,500.00
Phone
Shared Service 180.00
Total Annual Non-Personnel Costs $14,455.00
Total Annual Mortgage Tax Expenses $95,574.67
Total Monthly Mortgage Tax Expenses $ 7,964.56
2. That the Allegany County Clerk and the Chairman of this Board are authorized to complete any and all necessary applications and forms required by the State of New York.
3. That
the Clerk of this Board is directed to forward certified copies of this
resolution to the New York State Tax Commission and the New York State
Department of Audit and Control.
Moved by: Mr. Crandall Adopted:
Roll Call
Seconded by: Mr. Bennett
14 Ayes, 1 Noes, 0 Absent
Voting No: Reynolds
AUTHORIZING SEMI-ANNUAL APPROPRIATION OF
FUNDS RECEIVED FROM
STATE OF NEW YORK AS REIMBURSEMENT FOR
ADMINISTRATION OF
MORTGAGE TAX PROGRAM
Offered by:
Finance Committee
RESOLVED:
1. That
this Board shall appropriate on a semi-annual basis funds received from the
State of New York pursuant to Section 262 of the Tax Law as reimbursement for
the administration of the mortgage tax program.
Moved by: Mr. Crandall Adopted:
Roll Call
Seconded by: Mr. Bennett
15 Ayes, 0 Noes, 0 Absent
APPROVAL
OF APPORTIONMENT OF MORTGAGE TAX TO TAX DISTRICTS AND AUTHORIZING WARRANT
THEREFOR
Offered by:
Finance Committee
Pursuant to Tax Law § 261 (3)
RESOLVED:
1. That the Semi-Annual Report for the period
April 1, 2004, through September 30, 2004, 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. Crandall Adopted:
Roll Call
Seconded by: Mr. Bennett 15 Ayes, 0 Noes, 0 Absent
CHANGING
REGULAR MEETING DATE FROM DECEMBER 27, 2004 TO
DECEMBER
30, 2004
Offered by:
Ways and Means Committee
RESOLVED:
1. Notwithstanding Rule 110. A. of County
Board Rules, the second regular meeting of this Board in the month of December
of 2004 shall be held on December 30, 2004 at 2:00 PM and not on December 27,
2004 at 2:00 PM.
Moved by: Mr. Nielsen Adopted:
Roll Call
Seconded by: Mr. Russo
15 Ayes, 0 Noes, 0 Absent
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 2002 and/or back to the year 1995 (TF95 up to and including
TF02) 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.
|
Purchaser
& Address Sale
Price -
- - - - - - - - - - - - - WOODWORTH
REVOCABLE LIVING
TRUST, DATED 11/13/98 TRUSTEES,
RICHARD E WOODWORTH
& MARY MARSHALL
G. WOODWORTH 41316
Red Hill Rd Leesburg,
VA 20175 Consideration: 59,000.00 -
- - - - - - - - - - - - - |
Formerly
Assessed Description/Town -
- - - - - - - - - - - WOODWORTH
DAVID Town
code 026600 Town
of Scio Map#
225.-1-13.1 Assessment: 68,220 Acreage: 9.05 Tax
sale date: 2/01/02 Tax
sale amt: 4,060.64 -
- - - - - - - - - - - |
County Title Recorded Date Liber, Page -
- - - - - - Bk: 712 Pg: 00028 -
- - - - - - |
Moved by: Mr. Nielsen Adopted:
Roll Call
Seconded by: Mr. Bennett
15 Ayes, 0 Noes, 0 Absent
A RESOLUTION
DETERMINING THAT ERRORS EXIST ON THE
2003 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 taxpayer 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 2003 County and Town Tax Roll
the assessment or taxes, or both, of the property assessed to the following
taxpayer and described as follows:
a. Lynch,
Brian; Parcel 216.-1-73
Assessment: Land $4,100 Total $18,800
by deleting such Parcel from the Tax Roll,
and the County Treasurer is directed to make the following charges on her
books:
|
Allegany County |
$223.29 |
|
Town of Andover |
168.50 |
|
Andover Fire |
17.99 |
|
School Relevy |
587.84 |
|
Total |
$997.62 |
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, 2005. The County
Treasurer shall send a written notice to each School of the amount of such
deduction prior to May 1, 2005.
Moved by: Mr. Nielsen Adopted:
Roll Call
Seconded by: Mr. Truax
15 Ayes, 0 Noes, 0 Absent
(Memo Regarding
Resolution No. 219-04: The tax roll correction for paragraph 4.a. above is
required because the parcel was combined with another parcel in March 2002 and
should not have received a tax bill.)
Offered by: Finance 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 16, 2004.
Moved by: Mr. Crandall Adopted:
Roll Call
Seconded by: Mr. Bennett
15 Ayes, 0 Noes, 0 Absent
RELEVY OF RETURNED SCHOOL TAXES
Offered by: Finance 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 16, 2004.
Moved by: Mr. Crandall Adopted:
Roll Call
Seconded by: Mr. Bennett
15 Ayes, 0 Noes, 0 Absent
Offered by: Finance 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 21, 2004,
and November 1, 2004, 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. Crandall Adopted:
Roll Call
Seconded by: Mr. Bennett
15 Ayes, 0 Noes, 0 Absent
ESTABLISHING
A CAPITAL PROJECT FOR REPLACEMENT OF A
CULVERT
ON COUNTY ROAD NO. 3 IN TOWN OF CENTERVILLE AND
PROVIDING
FUNDS THEREFOR
Offered by: Public Works and Finance Committees
RESOLVED:
1. That a Capital Project Multi-Modal #3 for
the replacement of a culvert in Allegany County located on County Road 03 in
the Town of Centerville is established.
2. That
the County Treasurer is authorized to transfer to an Account to be designated
by her the sum of $75,000 for said Capital Project.
Moved by: Mr. Graffrath
Adopted: Roll Call
Seconded by: Mr. Sherman
15 Ayes, 0 Noes, 0 Absent
(Memo: The Multi-Modal #3 Program referred to in Resolution No. 223-04 involves an agreement with the State of New York for reimbursement of costs for work completed.)
ESTABLISHING
A CAPITAL PROJECT FOR THE
COUNTY
LANDFILL EXPANSION STUDY
Offered by: Public Works and Finance Committees
RESOLVED:
1. That a Capital Project for the County
Landfill Expansion Study is established.
The Account for such Capital Project is to be designated by the County
Treasurer.
Moved by: Mr. Graffrath
Adopted: Roll Call
Seconded by: Mr. Truax
15 Ayes, 0 Noes, 0 Absent
ACCEPTANCE
AND APPROPRIATION OF MISCELLANEOUS DONATIONS FOR USE IN FUNDING 2006 COUNTY
BICENTENNIAL CELEBRATION
Offered by:
Finance Committee
RESOLVED:
1. That the
sum of $5,990.78 in donations for use in funding the 2006 County Bicentennial
Celebration is accepted.
2. That
the accepted sum of $5,990.78 is appropriated to Account No. A7550.447
(Bicentennial Celebration) with a like sum credited to Revenue Account No.
A08.2705.7550 (Gifts and Donations).
Moved by: Mr. Crandall Adopted:
Roll Call
Seconded by: Mr. Bennett
15 Ayes, 0 Noes, 0 Absent
TRANSFER
OF FUNDS WITHIN PUBLIC HEALTH APPROPRIATION ACCOUNTS
Offered by:
Human Services and Finance Committees
RESOLVED:
1. That
the following transfers in the amount of $158,120 are approved:
From: To: Amount:
|
A4011.204 |
A4011.403 |
$2,000 |
|
A4011.206 |
A4011.408 |
3,600 |
|
A4040.206 |
A4040.104 |
1,500 |
|
A4060.456 |
A4040.101 |
35,000 |
|
A4060.456 |
A4011.456 |
50,000 |
|
A4060.456 |
A4011.459 |
15,000 |
|
A4035.802 |
A4046.456 |
2,200 |
|
A4035.803 |
A4046.456 |
6,500 |
|
A4035.804 |
A4046.456 |
1,300 |
|
A4035.805 |
A4046.456 |
500 |
|
A4051.456 |
A4040.464 |
12,000 |
|
A4053.408 |
A4040.457B |
5,450 |
|
A4071.802 |
A4040.457A |
400 |
|
A4071.803 |
A4040.457A |
2,000 |
|
A4071.804 |
A4040.457A |
470 |
|
A4071.805 |
A4040.457A |
200 |
|
A4071.456 |
A4040.456 |
20,000 |
Moved by: Mr. Truax Adopted:
Roll Call
Seconded by: Mr. Dibble
15 Ayes, 0 Noes, 0 Absent
(Memo: The
transfers approved in Resolution No. 226-04 are necessary to cover remaining
expenses through the end of the year and involve money already allocated within
the Health Department budget.)
TRANSFER
OF FUNDS WITHIN LAW ENFORCEMENT SHERIFF ACCOUNTS
Offered by:
Public Safety and Finance Committees
RESOLVED:
1. That the sum of $1,000 is transferred from
Account No. A3110.407 (Sheriff’s Office - Supplies) to Account No. A3150.408
(Jail – General Supplies) to balance the account.
2. That
the sum of $22,000 is transferred from Account No. A3110.1 (Sheriff’s Office –
Personnel Services) to Account No. A3112.103 (Dispatch Center – Premium Pay).
Moved by: Mr. Reynolds Adopted:
Roll Call
Seconded by: Mr. Bennett
11 Ayes, 4 Noes, 0 Absent
Voting No: Myers, Nielsen, Russo, Sobeck
(Memo: The
transfer approved in Resolution No. 227-04 paragraph 1 is necessary to cover
anticipated expenses through the end of the year. Paragraph 2 was requested due to Account A3112.103 being
under-funded and unanticipated over-time expenses caused by a promotion and
resulting staff vacancy. Both involve
money already allocated within the Sheriff’s budget.)
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. A1010.402 (Legislative Board - Mileage) to Account No. A1010.101
(Legislative Board – Personnel Services).
Moved by: Mr. Nielsen Adopted:
Roll Call
Seconded by: Mr. Truax
15 Ayes, 0 Noes, 0 Absent
(Memo: The
transfer approved in Resolution No. 228-04 is necessary to cover a shortfall
caused by a transfer in May 2004 and failure to budget for five accrued
liability days at year’s end and involves money already allocated within the
Legislative Board budget.)
AUDITS:
A motion was made by Legislator Truax,
seconded by Legislator Bennett and carried, that the audits be acted upon
collectively and by totals.
A motion was made by Legislator Nielsen,
seconded by Legislator Reynolds and adopted on a roll call vote of 15 Ayes, 0
Noes, 0 Absent, that the audit of claims be approved for payment as recommended
by the County Administrator.
The meeting was adjourned on a motion made
by Legislator Truax, seconded by Legislator Dibble and carried.