ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

NOVEMBER 10, 2008

 

** APPROVED **

 

            The regular meeting of the Board of Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag.  The Invocation was given by Legislator Pullen.

 

ROLL CALL:  15 Present; 0 Absent.

 

APPROVAL OF MINUTES:

 

            The Committee of the Whole meeting minutes of October 15, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Dibble and carried.

 

            The Board meeting minutes of October 27, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Dibble and carried.

 

PUBLIC HEARING:

 

            Chairman Crandall suspended the regular meeting to hold a public hearing on the continuance and modification of Agricultural District Number One within the Towns of Allen, Birdsall, Centerville, Caneadea, Hume, Granger, Grove, New Hudson, and Rushford.  There being no one desiring to speak, the public hearing was declared closed and the Board reconvened in regular session.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

            1.         Placed on each legislator’s desk was a copy of the 2007 Journal of Proceedings.

 

            2.         Also placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator in October 2008.

 

            3.         Also placed on each legislator’s desk was a copy of the Tax Bill Corrections approved by the County Administrator in October 2008.

 

            4.         Correspondence was received from the Allegany County Area Foundation thanking the Board for its recent contribution.

 

            5.         A notice was received for the next InterCounty Association meeting to be hosted by Genesee County on November 21 in Batavia.

 

            6.         An invitation was received to attend ACCORD Corporation’s detailed overview relating to New York State and federal non-profit law.

 

            7.         Correspondence was received from Judy Hopkins, Community Outreach Coordinator for Literacy Volunteers, regarding the Creating Opportunities for Rural Education (CORE) strategic planning session to be held on December 4 from 10 a.m. to 2 p.m. at Moonwinks.

 

PROCLAMATIONS:

 

            Chairman Crandall proclaimed November 11, 2008 as Veterans’ Day in Allegany County in honor of the men and women who have served in our Nation’s Armed Forces and to express our appreciation for their service in times of peace and war.

 

            Chairman Crandall proclaimed November 2008 as Family Caregivers’ Month in Allegany County in tribute to the many family members providing care to loved ones.  They deserve our gratitude and respect for their efforts.  While there are demands in caring for others, they remain selfless in sharing themselves and their time with those in their care.

 

RESOLUTIONS:

 

RESOLUTION NO. 196-08

 

APPROVAL OF APPORTIONMENT OF MORTGAGE TAX TO TAX DISTRICTS

AND AUTHORIZING WARRANT THEREFOR

 

Offered by:  Ways and Means Committee

 

Pursuant to Tax Law § 261 (3)

 

            RESOLVED:

 

            1.         That the Semi-Annual Report for the period April 1, 2008, through September 30, 2008, relating to Mortgage Tax Receipts and Disbursements, and the proposed distribution of such mortgage tax receipts therein, is approved.

 

            2.         That the Clerk of this Board is authorized and directed to execute a warrant of this Board to the County Treasurer directing her to distribute to the several tax districts in the County their respective share of such mortgage tax.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

RESOLUTION NO. 197-08

 

AUTHORIZING PAYMENT TO TOWNS AND VILLAGES FROM

ADDITIONAL MORTGAGE TAX FEE RETAINAGE BY COUNTY CLERK;

APPROPRIATING FUNDS THEREFOR

 

Offered by:  Ways and Means Committee

 

            WHEREAS, by Resolution No. 214-2004 the County Clerk was authorized pursuant to Section 262 of the Tax Law to request and receive reimbursement from the State of New York for all of his necessary expenses incurred in the administration of the Mortgage Tax Program on behalf of the State of New York, and

 

            WHEREAS, it was the intent of this Board in adopting such resolution that the Towns and Villages of the County would not suffer any adverse financial consequences as a result of any increased retained expense reimbursement to the County Clerk, and

 

            WHEREAS, the County Clerk has received reimbursement of his necessary expenses incurred in the administration of the Mortgage Tax Program, and

 

            WHEREAS, this Board wishes to appropriate part of such reimbursement of necessary expenses received by the County Clerk for the administration of the Mortgage Tax Program to the Towns and Villages of the County, now, therefore, be it

 

            RESOLVED:

 

            1.         The amount of $25,569.91 is appropriated from Account No. A1410.432 (County Clerk – Contractual) and shall be distributed to the Towns and Villages of the County as follows:

 

TOWNS

AMOUNT RETAINED BY COUNTY CLERK’S OFFICE

FOR MORTGAGE TAX FEE

REBATE AMT TO TOWN

REBATE AMT

TO VILLAGE

VILLAGES

  Alfred

890.08

713.65

176.43

 

  Alfred

  Allen

569.00

569.00

 

 

  Alma

548.32

548.32

 

 

  Almond

1,458.42

1,340.60

117.82

  Almond

  Amity

1,199.50

1,002.99

196.51

  Belmont

  Andover

955.97

779.53

176.44

  Andover

  Angelica

1,002.94

822.49

180.45

  Angelica

  Belfast

548.87

548.87

 

 

  Birdsall

379.82

379.82

 

 

  Bolivar

1,654.67

1,301.25

328.60

  Bolivar

 

 

              

24.82

  Richburg

  Burns

718.69

621.60

97.09

  Canaseraga

  Caneadea

853.39

853.39

 

 

  Centerville

402.27

402.27

 

 

  Clarksville

661.22

661.22

 

 

  Cuba

1,751.16

1,464.96

286.20

  Cuba

  Friendship

539.63

539.63

 

 

  Genesee

1,306.12

1,306.12

 

 

  Granger

267.43

267.43

 

 

  Grove

263.70

263.70

 

 

  Hume

651.12

651.12

 

 

  Independence

710.10

710.10

 

 

  New Hudson

298.19

298.19

 

 

  Rushford

1,251.29

1,251.29

 

 

  Scio

972.25

972.25

 

 

  Ward

285.06

285.06

 

 

  Wellsville

3,564.62

2,588.83

975.79

  Wellsville

  West Almond

402.55

402.55

 

 

  Willing

627.88

627.88

 

 

  Wirt

835.65

775.42

60.23

  Richburg

 

 

 

 

 

TOTALS

25,569.91

22,949.53

2,620.38

 

 

            2.         The Chairman of this Board, Allegany County Clerk, and Allegany County Treasurer are authorized to execute any and all vouchers, warrants, and other necessary documents of every nature and kind in order to effect the purpose of this resolution.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

RESOLUTION NO. 198-08

 

A RESOLUTION LEVYING THE AMOUNT OF UNPAID SEWER AND WATER RENTS

IN VARIOUS TOWN SEWER AND WATER DISTRICTS

AGAINST THE VARIOUS REAL PROPERTIES LIABLE THEREFOR

 

Offered by:  Ways and Means Committee

 

Pursuant to Article 14-F of the General Municipal Law and Town Law § 198

 

            WHEREAS, the Towns of Belfast, Caneadea, Friendship, Hume, Independence, Scio, and Wellsville have submitted to this Board of Legislators statements showing sewer and water rents unpaid by the persons or entities noted therein and the real property to be charged with such unpaid rents, and

 

            WHEREAS, pursuant to law this Board is required to levy such sums against the real property liable therefor, now, therefore, be it

 

            RESOLVED:

 

            1.         That the unpaid sewer and water rents by the persons or entities noted in statements filed with this Board of Legislators by the respective Supervisors of the Towns of Belfast, Caneadea, Friendship, Hume, Independence, Scio, and Wellsville between September 22, 2008, and November 1, 2008, are levied against the real property noted in such statements and are to be placed on the tax rolls of such Towns in the manner provided by law.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

            Seconded by:  Mr. Hall                                                                  13 Ayes, 2 Noes, 0 Absent

                                                                                                              Voting No:  Russo, Ungermann

 

Comments made regarding Resolution 198-08:  Discussion included concern voiced by Legislators Russo, Kruger, and Ungermann about this unfair requirement that punishes landowners because of tenants defaulting on water and sewer bills.  County Attorney Thomas Miner explained that pursuant to General Municipal Law, this is a ministerial function of local government, and we have an obligation to do it.  When asked about the cost and if the County recovers any of that cost, County Treasurer Terri Ross noted that the County has to make the districts whole, and the charges are placed on the tax relevy.  Legislator Pullen explained that each town or village is authorized to adopt a resolution to forward unpaid water and sewer bills to the County.  If towns and villages send these up, the County is then required by NYS General Municipal Law to relevy on the January tax bill.  There is no other way for municipalities to recover those charges.  The County has no choice, but the process does require an act of this Board.

 

RESOLUTION NO. 199-08

 

RELEVY OF RETURNED VILLAGE TAXES

 

Offered by:  Ways and Means Committee

 

Pursuant to Local Law No. 4 of 1978 and Real Property Tax Law § 1442

 

            RESOLVED:

 

            1.         That the amount of the unpaid returned village taxes of each village of Allegany County which has complied with the provisions of Local Law No. 4 of 1978, together with seven per centum of the amount of principal and interest, is relevied upon the real property upon which the same were originally imposed by each such respective village.

 

            2.         This resolution shall take effect on November 11, 2008.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

RESOLUTION NO. 200-08

 

RELEVY OF RETURNED SCHOOL TAXES

 

Offered by:  Ways and Means Committee

 

Pursuant to Real Property Tax Law § 1330

 

            RESOLVED:

 

            1.         That the amount of the unpaid returned school taxes of the several school districts of Allegany County with seven per centum of the amount of principal and interest in addition thereto, is relevied upon the real property upon which the same were imposed.

 

            2.         This resolution shall take effect on November 11, 2008.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

RESOLUTION NO. 201-08

 

ADJUSTING APPROPRIATIONS AND REVENUES

IN VARIOUS DEPARTMENT OF SOCIAL SERVICES ACCOUNTS

 

Offered by:  Human Services and Ways and Means Committees

 

             WHEREAS, the Allegany County Department of Social Services requests the following adjustments to various appropriation and revenue accounts, now, therefore, be it

 

            RESOLVED:

 

            1.         That the following Department of Social Services accounts are increased by the designated amounts:

 

            Account No.                           Appropriation Accounts                               Amount          

 

            A6010.402                             Mileage                                                          $25,115

            A6010.405                             Conferences                                                      2,000

            A6010.409                             Fees                                                                    5,000

            A6010.416                             Phone                                                                 6,500

            A6010.476                             Contracts                                                       113,000

            A6010.481                             Special Allocations                                         50,000

            A6070.474                             Purchase of Services                                   200,000

            A6101.475                             Non-emergency ambulatory                35,000

            A6101.476                             Non-emergency ambulance                12,000

            A6101.477                             Emergency ambulance                                   36,000

            A6101.478                             Cost effective insurance                                    9,000

            A6101.479                             Misc. Medical expenditures                  9,000        

 

            Account No.                           Revenues                                                       Amount

 

            A11.4601.00                         Federal revenue                                            $ 88,000

            A10.3601.00                         State revenue                                                $ 88,000

 

            2.         That the following Department of Social Services accounts are decreased by the designated amounts:

 

            Account No.                           Appropriation Accounts                               Amount          

 

            A6010.474                             Maintenance Contracts                                ($18,000)

            A6010.406                             Insurance                                                            (3,915)

            A6010.407                             Office Supplies                                                (10,200)

            A6010.477                             Local Early Interventions                                  (6,500)

            A6010.478                             FFFS                                                                (38,000)

            A6010.482                             WTW Contracts                                               (50,000)

            A6109.474                             TANF                                                              (200,000)

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

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

 

RESOLUTION NO. 202-08

 

TRANSFER OF FUNDS FROM SHARED SERVICES CENTRAL SERVICE COPYING ACCOUNT TO CLERK, LEGISLATIVE BOARD ACCOUNT

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That the sum of $2,140 is transferred from Account No. A1670.415 to Account No. A1040.1 to cover expenses through end of the year.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

RESOLUTION NO. 203-08

 

TRANSFER OF FUNDS WITHIN LEGISLATIVE BOARD ACCOUNTS

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That the sum of $972 is transferred from Account No. A1010.405 (Legislative Conference Expense) to Account No. A1010.101 (Legislative Payroll), to cover expenses through end of the year.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

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

 

AUDITS:

 

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

 

            A motion was made by Legislator Truax, seconded by Legislator Kruger and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $3,685,374.87 including prepaid expenses, be approved for payment as recommended by the County Administrator.  (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $7,743,403.)

 

COMMENTS:

 

            Legislator Pullen referred to a recent letter from State Comptroller DiNapoli regarding the impact of the struggling economy on pension benefits.  The Comptroller assured that retirement funds are secure, and noted the state’s success in recovering money lost during the market downturn from 2000 through 2003.  Mr. Pullen pointed out that the money lost was recovered, not through the prudent practices of the Comptroller, but because they just passed along deficiencies to localities and the taxpayers to pay.  With the recent economic situation, we may again be experiencing this.

 

ADJOURNMENT:  The meeting was adjourned at 2:30 p.m. following a motion made by Legislator Truax, seconded by Legislator Dibble and carried.