ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

 FEBRUARY 11, 2008

 

** APPROVED **


            The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag.  The invocation was given by Legislator Pullen.

 

ROLL CALL:  15 Present; 0 Absent.

 

APPROVAL OF MINUTES:

 

            The Board meeting minutes of January 25, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Hopkins and carried.

 

PUBLIC HEARING:

 

            Chairman Crandall closed the regular meeting to hold a public hearing on Local Law Intro. No. 1-2008, entitled “A Local Law Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over.”  Comments included:

 

            Kimberley Toot, Office for the Aging Director and resident of the Town of Wellsville, commented that she applauds Legislator Russo for his leadership on this issue and encourages passage of the resolution in order to provide some relief to seniors on their property tax bills.  Most of our seniors are in retirement and on a fixed income, some relying solely on Social Security benefits.  The consumer price index has increased 4.8 percent, housing costs have increased 2.8 percent, medical expenses have increased 5.4 percent, and energy costs have increased 18.2 percent.  Social Security benefits have only increased 2.3 percent in 2008.  The average benefit increase is $24 per month to cover the increased costs of groceries, heating fuel, gas, and other necessary living expenses.  This legislation will assist those who need it most.

 

            Legislator Pullen questioned whether the exemption applies to all property owned by senior citizens, or only residences.  Interim County Attorney Miner responded that Section 467 of the Real Property Tax Law limits the exemption to legal residences.

 

            Following comments, the public hearing was declared closed and the Board reconvened in regular session.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Curtis W. Crandall and Veterans’ Service Agency Director H. Scott Spillane jointly took part in the presentation of a Bronze Star Medal to World War II Veteran Joseph A. Marra from Friendship.  Mr. Marra was accompanied by members of the Friendship American Legion.  The Bronze Star Medal is awarded to soldiers who have distinguished themselves by heroic or meritorious achievement or service in the United States Army.  Chairman Crandall stated it was a privilege to bring forward one of Allegany County’s finest to receive long overdue recognition by the United States for his part in securing our freedoms in World War II.  He read from a letter sent by Congressman John Randy Kuhl to Joseph Marra commending him for his heroic service.  Chairman Crandall presented a Certificate of Appreciation on behalf of the citizens of Allegany County and the Allegany County Board of Legislators.  Mr. Spillane took the podium and noted that this special presentation of the Bronze Star Medal was long overdue.  His office has been working on it for the past ten years.  The Bronze Star Medal is the ninth highest medal the government issues, and in this case is being presented for meritorious service.  Mr. Spillane and Chairman Crandall presented the medal to Mr. Marra.  In March, Mr. Marra will be 85 years old.

 

            Chairman Crandall noted privilege of the floor will be granted to members of the Genesee Valley Central School Entrepreneurship Class of 2007-2008 for a presentation later in the meeting.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

            1.         Placed on each legislator’s desk were copies of the 2007 annual reports from the following departments and agencies for review:  Cooperative Extension, County Attorney, County Clerk, Human Resources, Probation, and Public Works.

 

            2.         Also placed on each legislator’s desk was a copy of the 2008 Allegany County Directory of County, Town, and Village Contacts.

 

            3.         Also distributed to each legislator were copies of the Report of Tax Bill Corrections Approved by the County Administrator in January.

 

            4.         An invitation was received to attend a Power Lunch with Houghton native Ben Sayers, CEO of VoIP Supply, at the Old Library Restaurant on February 27 from 11:30 a.m. to 1:30 p.m.  (VoIP, or Voice over Internet Protocol, is a new advance in phone service using broadband Internet connections to transmit telephone calls.  VoIP Supply, a Buffalo-based company launched in 2004 by Mr. Sayers, is one of the first online retailers to sell an array of VoIP related products all under one banner.  The company projects sales of over $100 million by 2009.)

 

            5.         Notice was received for the next Inter-County Association meeting to be hosted by Monroe County at the Rochester Museum and Science Center on February 15.

 

            6.         Also received were Southern Tier West Regional Planning and Development Board minutes of December 20, 2007 and a notice for their February 21 meeting.

 

            7.         Filed in the Clerk of the Board’s Office was the joint report of the Planning Board and Agricultural and Farmland Protection Board regarding the addition of Mayline Farms into Agricultural District No. 4.  A public hearing will be held on February 25.

 

            8.         The regular Public Safety Committee meeting has been moved from February 13 to Wednesday, February 20, at 1 p.m.

 

            9.         There will be a special Committee of the Whole meeting Friday, February 29, at 10 a.m. in the Legislative Board Chambers for the purpose of meeting with Marthe Ngwashi, Assistant Director of Intergovernmental Affairs with the NYS Attorney General’s Office.

 

            10.       Correspondence was received from William Hart, President of the Greater Allegany County Chamber of Commerce, thanking the Board for their donation.

 

            11.       Correspondence was also received from William Hart, President of the Greater Allegany County Chamber of Commerce, confirming the Chamber’s support of the Belmont Betterment Association’s proposed project to repair, reconstruct, and rehabilitate the former Belmont Central School.  Mr. Hart acknowledged the Board’s previous support and noted that any further support offered would benefit not only the project itself, but also the business community of the County.

 

            12.       Legislator Truax announced that the Human Services Committee meeting scheduled for February 20 is being moved to February 25 following the Board meeting.

 

APPOINTMENTS:

 

            The Clerk of the Board announced that Chairman Crandall has appointed Ronald Truax, as an officer of Allegany County government, to serve as CHAIRMAN OF THE FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY ADMINISTRATIVE BOARD, pursuant to Local Law No. 2-94.

 

            Chairman Crandall has appointed William Zacher, representing the Friendship Town Board, and Susan F. Myers, resident of the Town of Friendship, as members of the FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY ADMINISTRATIVE BOARD, effective February 1, 2008, to serve at his pleasure.

 

            Chairman Crandall has appointed the following individuals as members of the ALLEGANY COUNTY YOUTH BOARD for a three-year term commencing March 26, 2008, and expiring March 25, 2011, subject to confirmation by the Board of Legislators:

            Janet Gaczewski, Caneadea         (District I)

            James Cross, Cuba                         (District II)

            Sherry Weirich, Scio                       (District III)

            Ralph Eastlack, Wellsville              (District IV)

            Gary Ostrower, Alfred                      (District V)

 


RESOLUTIONS:

 

RESOLUTION NO. 33-08

 

ADOPTION OF LOCAL LAW INTRO. NO. 1-2008 AMENDING LOCAL LAW NO. 4 OF 1987, AS AMENDED, TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF

REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME

WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That proposed Local Law, Intro. No. 1-2008, Print No. 1, is adopted without any change in language, to wit:

 

COUNTY OF ALLEGANY

 

Intro. No. 1-2008                                                                                                                  Print No. 1

 

A LOCAL LAW AMENDING LOCAL LAW NO. 4 OF 1987, AS AMENDED,

TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY

OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME

WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER

 

            BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows:

 

            Section 1.      The purpose of this local law is to amend Section 2. of Local Law No. 4 of 1987, as amended, to increase the annual income limits at which certain persons over sixty-five years of age can receive a partial exemption to the assessed valuation of real property owned by such persons.

 

            Section 2.      That Section 2. of Local Law No. 4 of 1987 is amended to read as follows:

 

                                                                                    PERCENTAGE ASSESSED VALUATION

            ANNUAL INCOME                                                  EXEMPT FROM TAXATION

 

            $19,500 or less                                                                     50 per centum

 

            $19,500.01 or more but less than $20,499.99                45 per centum

 

            $20,500 or more but less than $21,499.99                      40 per centum

 

            $21,500 or more but less than $22,499.99                      35 per centum

 

            $22,500 or more but less than $23,399.99                      30 per centum

 

            $23,400 or more but less than $24,299.99                      25 per centum

 

            $24,300 or more but less than $25,199.99                      20 per centum

 

            $25,200 or more but less than $26,099.99                      15 per centum

 

            $26,100 or more but less than $26,999.99                      10 per centum

 

            $27,000 or more but less than $27,899.99                        5 per centum

 

            Section 3.      This local law shall take effect immediately.

 

            Moved by:  Mr. Reynolds                                                                          Adopted:  Roll Call

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

 

(Memo:  Regarding Resolution No. 33-08, Local Law No. 4-87 was previously amended by Local Law No. 6-04.)

 

Comments regarding Resolution No. 33-08:  Mr. Ungermann pointed out the additional impact to the budget in the amount of $90,000 as a result of this tax exemption.  He’s concerned about the seniors, but also about our young people.  The problem with exemptions is that the costs get passed on to someone else.  We need to think about how the young people and businesses are going to pay for it.  There are 89 separate tax exemptions; maybe some of them should be reviewed to see if they’re still necessary or fitting.  We want to give the seniors a break, but they already get the STAR exemption.  We also have three major colleges in the County that pay no taxes.  How much longer can business and our youth stand to pay for these exemptions?

 

Mr. Kruger took the other side of the argument and noted that seniors have worked all their lives.  This resolution is directed to seniors with low incomes.  He supports it because we haven’t done anything so far to reduce the cost of government and he’ll grasp at any straw to help the residents with their tax burden.

 

Mr. Hall clarified a few points about the institutions of higher education mentioned earlier.  They bring in a lot of people, so there are financial benefits in increased sales and sales tax revenue; and they also provide payments in lieu of taxes and support their local communities.  Eighty percent of the Village of Alfred is tax exempt.  The educational institutions there provide services and payments in lieu of taxes and other funding for the community in spite of the fact that they don’t have to.

 

Mr. Hopkins noted that this is not a new exemption, but an adjustment for the increased cost of living.  It hasn’t been done in several years.

 

RESOLUTION NO. 34-08

 

APPROVAL OF BOARD CHAIRMAN’S APPOINTMENTS TO

CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING

 

Offered by:  Human Services Committee

 

Pursuant to Resolution No. 221-74

 

            RESOLVED:

 

            1.         That the appointment of Douglas D. Burdick of Alfred Station, New York as legislative member to the Citizens Advisory Council to the Office for the Aging, effective immediately, to serve for as long as he is a member of the Human Services Committee of the Board of Legislators, and the appointment of David T. Pullen of Fillmore, New York as a member to the Citizens Advisory Council to the Office for the Aging, with term of office commencing January 1, 2008 and expiring December 31, 2010, are confirmed.

 

            Moved by:  Mr. Truax                                                                             Adopted:  Voice Vote

            Seconded by:  Mr. Dibble

 

RESOLUTION NO. 35-08

 

AUTHORIZING PUBLIC HEALTH DIRECTOR TO CONTRACT WITH

THE NEW YORK STATE DEPARTMENT OF HEALTH FOR

ADOLESCENT TOBACCO ENFORCEMENT AND PREVENTION (ATUPA) SERVICES; AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM

NEW YORK STATE DEPARTMENT OF HEALTH TO ENFORCE CLEAN INDOOR AIR LAW; APPROPRIATION OF FUNDS TO HEALTH DEPARTMENT ACCOUNTS

 

Offered by:  Human Services and Ways and Means Committees

 

            RESOLVED:

 

            1.         This Board authorizes the Public Health Director to contract with the New York State Department of Health for Adolescent Tobacco Enforcement and Prevention (ATUPA) services for the period October 1, 2007 to September 30, 2008.

 

            2.         That the sum of $31,607 in grant funds from the New York State Department of Health for use to enforce the Clean Indoor Air Law, perform compliance checks where retail tobacco products are sold, and for education purposes, is accepted. 

 

            3.         That the accepted sum of $31,607 is appropriated as follows:  $28,000 to Account No. A4051.4 (Tobacco Awareness – Contractual), $3,607 to Account No. A4010.101 (Health Department – Personnel) with a like sum credited to Revenue Account No. A10.3450.04 (State Aid – Tobacco Awareness).

 

            Moved by:  Mr. Truax                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Dibble                                                               14 Ayes, 1 No, 0 Absent

                                                                                                                                 Voting No:  Burdick

 

AUDITS:

 

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

 

            A motion was made by Legislator Reynolds, seconded by Legislator Truax and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $3,229,111.32 including prepaid expenses, be approved for payment as recommended by the County Administrator.  (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $1,012,362.)

 

(MEETING RECESSED FROM 2:30 TO 3:00 PM.)

 

GENESEE VALLEY CENTRAL SCHOOL ENTREPRENEURSHIP CLASS:

 

            Matt Hopkins, Genesee Valley Central School Entrepreneurship Class Instructor and students Jake Grisewood and Tyler Neth gave a presentation to the Board.  The class has been working on community presentations for promotion of a community blood drive to be hosted by the class and run by the Community Blood Bank.  The presentations are part of a competition to develop the best marketing plan, and their goals are to decrease the blood shortage in the area, gain experience working as a team on marketing skills, and giving back to the community.  The blood drive will be held on March 14 at the Genesee Valley Central School.  An online survey is available on the school’s home page to obtain a rough estimate of the number of donors to expect.  The group has contacted the Buffalo Bills to try to get someone to come down and participate, Channel 2 News to cover the event, and plan to utilize community presentations, UTube commercials, posters, announcements, and news articles to promote the blood drive.

 

            Legislator Truax pointed out that area hospitals in the Southern Tier of New York and several Northern Pennsylvania counties use the Community Blood Bank, saving half the cost, and only use the Red Cross as a back-up.  Blood processed through the Community Blood Bank stays in this area.

 

ADJOURNMENT:

 

            The meeting was adjourned at 3:20 p.m. on a motion made by Legislator Reynolds, seconded by Legislator Hall and carried.