ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

 JANUARY 14, 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:  14 Present; 1 Absent (Legislator O’Grady).

 

APPROVAL OF MINUTES:

 

            The Board meeting minutes of December 24, 2007 were approved on a motion made by Legislator Truax, seconded by Legislator Dibble and carried.

 

            The Board Organization meeting minutes of January 2, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Truax and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall granted privilege of the floor to Warren G. Schmidt, BOCES County Government Intern Program Instructor, who thanked the legislators for their continued support and introduced the 2008 interns.  Six participants were present, and they will be joined by a few others in the coming weeks.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

            1.         Placed on each legislator’s desk was a copy of the Legislators’ Compensation Table for 2007.

 

            2.         Also placed on each legislator’s desk was a copy of the Report of Intrafund Transfers approved by the County Administrator in December 2007.

 

            3.         Notification was received that the Personnel Committee has appointed Douglas A. Dillon as Executive Secretary of the Allegany County Mutual Self-Insurance Plan (Workers’ Compensation) for calendar year 2008.

 

            4.         A reminder was announced for the two special Committee of the Whole meetings on January 15 and January 23 at 3:00 p.m. at the Crossroads Center.  Both meetings will be held in executive session.

 

            5.         A news release was received from Southern Tier West Regional Planning and Development Board highlighting their December 20 meeting.

 

            6.         An invitation was received from Century 21 Unlimited Real Estate to attend an open house at their new office at 7 Schuyler Street in Belmont from 11:30 a.m. to 6:00 p.m. on January 17.

 

APPOINTMENTS:

 

            The Clerk of the Board announced that Chairman Curtis W. Crandall has appointed Steven Presutti of Belmont to serve on the ALLEGANY COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD coterminous with his tenure as Real Property Tax Service Director, expiring September 30, 2013.

 

INTRODUCTION OF LEGISLATION:

 

            Legislator Reynolds introduced Local Law Intro. No. 1-2008, Print No. 1, entitled “A Local Law Amending Local Law No. 4 of 1987, as Amended, to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over,” a copy of said proposed Local Law having been placed on each legislator’s desk.

 

RESOLUTIONS:

 

RESOLUTION NO. 4-08

 

RESOLUTION SETTING DATE OF PUBLIC HEARING ON A LOCAL LAW

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

TO PROVIDE FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY

OWNED BY CERTAIN PERSONS WITH LIMITED ANNUAL INCOME

WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER

 

Offered by:  Ways and Means Committee

           

            WHEREAS, on this 14th day of January, 2008, a local law (Intro. No. 1-2008, Print No. 1) was introduced Amending Local Law No. 4 of 1987 to Provide for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Annual Income Who are Sixty-Five Years of Age or Over, and

 

            WHEREAS, it will be necessary to set a date for public hearing on said proposed local law, now, therefore, be it

 

            RESOLVED:

 

            1.         That a public hearing shall be held on February 11, 2008, at 2:00 P.M. in the County Legislators' Chambers, Room 221, County Office Building, Belmont, New York, before the Allegany County Board of Legislators, in relation to proposed Local Law Intro. No. 1-2008, Print No. 1.

 

            2.         That the Clerk of the Board of Legislators is directed to prepare, with the assistance of the County Attorney, a notice of said public hearing, to cause the publication of a copy of said notice in each of the two newspapers which have been officially designated by this Board to publish “notices,” and to affix a copy of said notice on the County bulletin board in the County Courthouse at Belmont, New York; both publication and posting to be made at least five days before the public hearing.

 

            Moved by:  Mr. Reynolds                                                                          Adopted:  Roll Call

            Seconded by:  Mr. Truax                                                             14 Ayes, 0 Noes, 1 Absent

 

Comments made regarding Resolution No. 4-08:  Mr. Ungermann noted his concern with exemptions is that if someone is exempted, someone else has to pay the bill.  The problem is the cost of government, and if we could do something about trimming that cost, we’d reduce the need for exemptions.  Previously, when a reduction in sales tax on heating fuel was considered, we were looking at a cost of $221,000 for a one-half percent reduction; the cost for this exemption will be over $300,000.  A large percentage of the County’s population is older.  Mr. Ungermann cautioned that if we give exemptions to the older population, not to be surprised when the younger people leave because they can’t afford to stay.  We need to consider the long-term effects.  There’s already a sizable exemption in place.

 

Mr. Russo commented that this exemption will help the older people stretch their incomes.  If the exemption is approved, people will realize that the government is responsive.  The younger people are not the only ones leaving; the older ones are leaving because they’re losing their homes.  If we go through something like this, it makes us realize we need to cut costs.  This is a first step.

 

RESOLUTION NO. 5-08

 

REINSTATEMENT OF TAX PARCEL TO TAXABLE PORTION OF ASSESSMENT ROLL

 

Offered by:  Ways and Means Committee

 

Pursuant to Real Property Tax Law Section 1138

 

            WHEREAS, a Certificate of Withdrawal was filed in the Allegany County Clerk’s Office on February 15, 2007 for a parcel of real property located in the Town of Amity, and

 

            WHEREAS, such parcel of real property was withdrawn from the taxable portion of the assessment roll and determined to be exempt from taxation based upon the determination that there was no practical method to enforce the collection of delinquent taxes on such parcel, now, therefore, be it

 

            RESOLVED:

 

            1.         That the Allegany County Board of Legislators does hereby determine and direct that the following parcel be restored to the taxable portion of the assessment roll:

 

            Town                          Owner                                                Tax Map Number     Serial Number

           

            Town of Amity          Allegany Area Economic   172.17-1-6.2                    192-05

                                                Development Corp.

 

            2.         That the County Treasurer, as enforcing officer, shall issue a certificate of reinstatement and any and all other documents necessary to restore the above described parcel to the taxable portion of the assessment roll.

 

            Moved by:  Mr. Reynolds                                                                          Adopted:  Roll Call

            Seconded by:  Mr. Truax                                                             12 Ayes, 2 Noes, 1 Absent

                                                                                                                  Voting No:  Burdick, Kruger

 

Comments made regarding Resolution No. 5-08:  Mr. Kruger noted that he has not supported the sale of the former Belmont School in any fashion so far, and he will not support this resolution.

 

Mr. Ungermann stated that the County gave away 56,383 square feet of usable space and numerous parking spaces for $1.  If for some reason the property doesn’t end up being used for a tax-free situation, this resolution will provide for it to go back on the tax rolls; therefore, he supports it.  County Treasurer Terri Ross affirmed that in order for the property to remain tax exempt, the new owner would have to meet certain requirements.

 

RESOLUTION NO. 6-08

 

A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE

2007 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED WITH REGARD TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN;

DIRECTING MAILING OF NOTICES OF APPROVAL OF APPLICATIONS FOR CORRECTED TAX ROLLS AND ORDERING THE VARIOUS TOWN TAX COLLECTORS TO CORRECT THE TAX ROLLS; PROVIDING FOR CHARGE BACKS OR CREDITS

 

Offered by:  Ways and Means Committee

 

Pursuant to Real Property Tax Law § 554

 

            WHEREAS, applications, for the taxpayers hereafter described, have been made to the County's Director of Real Property Tax Service Agency, for the correction of certain errors affecting their real property on various tax rolls, and

 

            WHEREAS, the Director has transmitted to this Board the applications, in duplicate, together with a written report of his investigation of the claimed errors and his written recommendation for action thereon by this Board as to each application, and

 

            WHEREAS, this Board has examined each application and report to determine whether the claimed error exists, now, therefore, be it

 

            RESOLVED:

 

            1.         That with regard to the applications for the named taxpayers pertaining to claimed errors regarding their real property on the respective tax rolls of the named Towns, this Board of Legislators does determine that the claimed errors as alleged in those applications exist and does approve those applications.

 

            2.         That the Chairman of this Board is authorized and directed to make a notation on those applications and the duplicates thereof that they are approved, to enter thereon the respective correct extension of taxes as set forth by the Director in his report, to enter thereon the respective date of mailing of a notice of approval, to enter thereon the date of mailing of a certified copy of this resolution to the proper Tax Collector, and to sign thereon as Chairman.

 

            3.         That the Clerk of this Board is directed to mail to the below listed taxpayers a notice of approval stating, in substance, that their application made has been approved, to inform the Chairman of this Board of the date of the mailing thereof, and to inform such respective taxpayers of the applicable provisions of subdivision seven of Section 554 of the Real Property Tax Law.

 

            4.         That the Tax Collector of the Town of Alfred is ordered and directed to correct in the 2007 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         Kendall, David A. c/o Wells Fargo;  Parcel 190.-1-18.21

                        Assessment:  Land $88,700 Total $88,700

 

by removing the School Relevy and by correcting the taxes, as follows:

 

Allegany County                     $1,443.03

Town of Alfred                              510.88

Alfred Fire                                        57.27

Total                                           $2,011.18

 

and the County Treasurer is directed to make the following refund:

 

School Relevy                         $2,271.74

 

            5.         That the Clerk of this Board is directed to forthwith mail a certified copy of this resolution to the various Tax Collectors for the Towns stated above together with the original copies of those applications completed in accordance with section two of this resolution.

 

            6.         The Clerk of this Board shall mail a copy of this resolution to the above named School and the amount to be charged to each School shall not be charged until 10 days after such mailing.  Such amount shall be deducted by the County Treasurer from the money payable to each School as a result of school taxes returned after the date such amount is charged and which shall be paid to each School after May 1, 2008.  The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2008.

 

            Moved by:  Mr. Reynolds                                                                          Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                          14 Ayes, 0 Noes, 1 Absent

 

RESOLUTION NO. 7-08

 

APPROVING AND RATIFYING 2008 RESOURCE ALLOCATION PLAN AGREEMENT WITH OFFICE OF CHILDREN AND FAMILY SERVICES;

PROVIDING FOR APPROPRIATION OF FUNDS WHEN SUBCONTRACTS FOR

SPECIAL DELINQUENCY PREVENTION PROGRAM SERVICES ARE APPROVED

 

Offered by:  Public Safety and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the 2008 Resource Allocation Plan agreement with Office of Children and Family Services in relation to the State's allocation of funds to the County for providing youth services under its Comprehensive Youth Service Plan is approved and ratified.

 

            2.         That the Chairman of this Board is authorized to execute such Plan Agreement.

 

            3.         That a portion of the funds to be received under such Plan agreement shall be appropriated from time to time to cover the costs under sub‑contractor service provider agreements as may be approved by this Board.

 

            Moved by:  Mr. Dibble                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                           14 Ayes, 0 Noes, 1 Absent

 

RESOLUTION NO. 8-08

 

RESOLUTION FOR ACCEPTABLE TRAINING FOR PLANNING BOARD MEMBERS

 

Offered by:  Ways and Means Committee

 

            WHEREAS, General Municipal Law 239-C (d) provides that effective January 1, 2007, all planning board members in New York State, as well as alternate members of those boards, must complete a minimum of four hours of training each year, and

 

            WHEREAS, the above sections of state law provide that a planning board member shall not be eligible for reappointment to such board if they have not completed the training required by law, and

 

            WHEREAS, the above sections of state law provide that the legislative body of the County specifies which activities qualify as training to satisfy the state requirements, now, therefore, be it

 

            RESOLVED:

 

            1.         That the following list of agencies, commissions, associations, universities, and other organizations are approved to provide training to meet the state requirements when the training they provide pertains to municipal planning, zoning, community design, environmental issues, economic development, and local government functions and practices:

 

            a.         The New York State Department of State, Department of Agriculture and Markets, Office of the State Comptroller, Department of Health, Department of Transportation, Department of Environmental Conservation, Office of Parks, Recreation and Historic Preservation, and

 

            b.         The New York State Association of Towns, the New York Conference of Mayors, the New York State Association of Counties, the New York Planning Federation, the American Planning Association, the Upstate New York Chapter of the American Planning Association and its sections, and the Metro New York Chapter of the American Planning Association and its sections, and

 

            c.         The Central New York Regional Planning and Development Board, Southern Tier Central Regional Planning and Development Board, Southern Tier East Regional Planning and Development Board, Southern Tier West Regional Planning and Development Board, Genesee-Finger Lakes Regional Planning Council, and

 

            d.         The Allegany County Planning Board, the Allegany County Development and Planning Department(s), and

 

            e.         The Albany Law School Governmental Law Center and Institute for Legal Studies, Pace Law School, Cornell University and its Cooperative Extension, Alfred University, State University of New York, Houghton College, Jamestown Community College, and

 

            f.          On-line planning and zoning training programs offered by the New York Municipal Insurance Reciprocal, Pace University and Land Use Law Center, and the Lincoln Institute of Land Use Policy.

 

            2.         That other training activities may be approved on a case-by-case basis by the Allegany County Board of Legislators upon the request of a planning board member.

 

            3.         That any new member appointed to fill the last six months of a term shall not be required to have attended training to be reappointed to a first full term, but must thereafter comply with the municipal training policy as provided elsewhere herein.

 

            4.         That training received by a planning board member in excess of four hours in any one year may be carried over by the member into succeeding years.

 

            5.         The training required by this paragraph may be waived or modified by the County when, in the judgment of the governing board, it is in the best interest of the County to do so.

 

            6.         That the Department of Development and Planning shall create and maintain a system of tracking the training individual members complete annually and such information shall be presented to the appointing authority prior to considering a member for reappointment.

 

            Moved by:  Mr. Reynolds                                                                          Adopted:  Roll Call

            Seconded by:  Mr. Truax                                                             14 Ayes, 0 Noes, 1 Absent

 

RESOLUTION NO. 9-08

 

REAPPOINTMENT OF TWO MEMBERS TO

ALLEGANY COUNTY COMMUNITY SERVICES BOARD

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That Edna Howard of Belfast, New York and Sandra P. Blake of Houghton, New York are reappointed to the Allegany County Community Services Board, with term of office to commence January 1, 2008 and expire December 31, 2011.

 

            Moved by:  Mr. Truax                                                                             Adopted:  Voice Vote

            Seconded by:  Mr. Hopkins

 

RESOLUTION NO. 10-08

 

REAPPOINTMENT OF FOUR MEMBERS TO THE

CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING

 

Offered by:  Human Services Committee

 

Pursuant to Resolution No. 221-74

 

            RESOLVED:

 

            1.         That the reappointments of Wallace Higgins of Alfred Station, New York, Jean MacMurray of Wellsville, New York, Jean Switalski of Cuba, New York and Beverly Grantier of Wellsville, New York, to the Citizens Advisory Council to the Office for the Aging, with term of office for each commencing January 1, 2008 and expiring December 31, 2010, are confirmed.

 

            Moved by:  Mr. Truax                                                                             Adopted:  Voice Vote

            Seconded by:  Mr. Pullen

 

RESOLUTION NO. 11-08

 

APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT AND

REAPPOINTMENT OF REPRESENTATIVES TO

ALLEGANY COUNTY DEVELOPMENT ADVISORY BOARD

 

Offered by:  Ways and Means Committee

 

Pursuant to Local Law No. 2 of 1985

 

            RESOLVED:

 

            1.         That the appointment by the Chairman of this Board of the following individuals to serve as representatives to and members of the Allegany County Development Advisory Board are approved:  Deborah Clark, Education representative; Fred Sinclair, Agriculture representative; John Corneby, Forests representative; Craig Braack, Recreation/Tourism representative; Raymond DeTine, Barbara Deming and Steve Havey, Industry representatives; Frederic Marks, Utilities representative; William Hart, Small Business representative; Linda Clayson, Banking representative; William Shuler, Real Estate representative; David Fleming, Zena Andrus and Gretchen Hanchett, At Large representatives.

 

            Moved by:  Mr. Hall                                                                                Adopted:  Voice Vote

            Seconded by:  Mr. Reynolds

 

RESOLUTION NO. 12-08

 

APPROVAL OF BOARD CHAIRMAN’S REAPPOINTMENT OF FOUR MEMBERS TO REGION NINE FISH AND WILDLIFE MANAGEMENT BOARD

 

Offered by:  Ways and Means Committee

 

Pursuant to Environmental Conservation Law § 11-0501

 

            RESOLVED:

 

            1.         That the reappointment by the Chairman of this Board of Dwight R. Fanton, to the Region Nine Fish and Wildlife Management Board, as a Legislative Representative Member, and Douglas D. Burdick as an Alternate Legislative Representative Member, with term of office commencing January 1, 2008 and expiring December 31, 2009, are approved.

 

            2.         That the reappointment by the Chairman of this Board of Derwood Say, to the Region Nine Fish and Wildlife Management Board, as a Sportsmen’s Representative Member and John Lewis as an Alternate Sportsmen’s Representative Member, with term of office commencing January 1, 2008 and expiring December 31, 2009, are approved.

 

            Moved by:  Mr. Reynolds                                                                      Adopted:  Voice Vote

            Seconded by:  Mr. McCormick

 

RESOLUTION NO. 13-08

 

ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND

APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNTS

 

Offered by:  Ways and Means Committee

 

            WHEREAS, a check in the amount of $412.55, representing the cost to replace a broken window on a County Sheriff’s vehicle has been offered by NYMIR in settlement for such property damage, now, therefore, be it

 

            RESOLVED:

 

            1.         That an insurance payment in the amount of $412.55 from NYMIR representing the cost of replacing a broken window on a County Sheriff’s vehicle is accepted.

 

            2.         That the sum of $412.55 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like sum credited to Revenue Account No. CS07.2680 (Risk Retention – Insurance Recovery).

 

            Moved by:  Mr. Reynolds                                                                          Adopted:  Roll Call

            Seconded by:  Mr. Hopkins                                                        14 Ayes, 0 Noes, 1 Absent

 

RESOLUTION NO. 14-08

 

APPROVAL OF AIR MEDICAL SERVICES CONTRACT WITH

MERCY FLIGHT, INC. FOR 2008

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That Air Medical Services Contract between Mercy Flight, Inc. and the County of Allegany, in relation to providing air medical services in Allegany County in 2008, is approved.

 

            2.         That the Chairman of this Board is authorized to execute such contract.

 

            Moved by:  Mr. Truax                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                           14 Ayes, 0 Noes, 1 Absent

 

(Memo:  The Contract approved by Resolution No. 14-08 includes payment of $10,000, payable quarterly at a rate of $2,500, to offset Mercy Flight’s costs to provide their invaluable air ambulance services to the citizens of Allegany County.  Ambulance service is not reimbursable under state aid regulations; therefore, the total $10,000 is the County’s responsibility.)

 

Comments made regarding Resolution No. 14-08:  Mr. Pullen asked if this is a mandated expense, although it is a crucial service.  Mr. Crandall responded that it is not.

 

 

RESOLUTION NO. 15-08

 

APPROVAL OF AGREEMENT WITH ALLEGANY COUNTY

ASSOCIATION FOR THE BLIND AND VISUALLY HANDICAPPED, INC., IN RELATION TO THE RENDERING OF SERVICE, TRAINING OR AID TO INDIGENT BLIND IN

ALLEGANY COUNTY

 

Offered by:  Human Services Committee

 

Pursuant to County Law § 224 (6)

 

            RESOLVED:

 

            1.         That the Agreement in the amount of $7,500 between the County of Allegany and Allegany County Association for the Blind and Visually Handicapped, Inc., in relation to the rendering of service, training or aid to indigent blind in Allegany County during 2008, is approved.

 

            2.         That the Chairman of this Board is authorized to execute said Agreement in triplicate.

 

            Moved by:  Mr. Truax                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                           14 Ayes, 0 Noes, 1 Absent

 

Comments made regarding Resolution No. 15-08:  Mr. Pullen asked if this is a mandated service.  Mr. Truax responded that it is not, but it is very appropriate.

 


RESOLUTION NO. 16-08

 

APPROVAL OF AGREEMENT WITH

VOLUNTEER FIREMEN'S ASSOCIATION OF ALLEGANY COUNTY, INC.,

FOR PAYMENT OF 2008 BUDGETARY APPROPRIATION

 

Offered by:  Public Safety Committee

 

Pursuant to County Law § 224

 

            RESOLVED:

 

            1.         That the Chairman of this Board is hereby authorized to execute an agreement between the County of Allegany and the Volunteer Firemen's Association of Allegany County, Inc. that shall provide, in substance, (a) that the County of Allegany will disburse in advance to said Association the sum of $2,000 to be used by said Association for the payment of expenses which it might incur during 2008 in providing fire training schools for training firefighters, (b) that said Association will render a verified account of such expenses on or before December 31, 2008, with verified or certified vouchers therefor attached, and (c) that any unused amount will be refunded to the County of Allegany.

 

            2.         That the County Treasurer shall not pay the aforesaid sum until a memorandum receipt signed by the President and Treasurer of said Association agreeing to comply with the terms of this resolution is delivered to her office.

 

            3.  That the Treasurer of said Association shall not be required to furnish a bond.

 

            Moved by:  Mr. Dibble                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Truax                                                             14 Ayes, 0 Noes, 1 Absent

 

Comments made regarding Resolution No. 16-08:  Mr. Dibble and Mr. Pullen commented that the Volunteer Firemen’s Association is a very active group, and their efforts are appreciated.  Mr. Pullen asked if it is a mandated service, to which Mr. Crandall and Mr. Margeson responded that it is not.

 

RESOLUTION NO. 17-08

 

APPROVAL AND RATIFYING FIVE YEAR LEASE OF LAND OF

DUANE AND TERRY GELSER FOR DEPARTMENT OF PUBLIC WORKS PURPOSES

 

Offered by:  Public Works and Ways and Means Committees

 

            WHEREAS, the Department of Public Works desires to lease land for its purposes, including, but not limited to, stockpiling of materials, now, therefore, be it

 


            RESOLVED:

 

            1.         That Lease dated November 15, 2007, between the County and Duane Gelser and Terry Gelser, for a term of five years beginning January 15, 2008, is approved and ratified.

 

            2.         That the Chairman of this Board is authorized to execute said Lease and to cause the recording of same in the Allegany County Clerk’s Office.

 

            Moved by:  Mr. Fanton                                                                              Adopted:  Roll Call

            Seconded by:  Mr. McCormick                                                   14 Ayes, 0 Noes, 1 Absent

 

(Memo:  The lease agreement approved by Resolution No. 17-08 is for a term of five years beginning on January 15, 2008, at an annual rent of $200, and is an extension of an existing agreement.  The property, a little over one acre in size, is located on County Road 15A in the Town of Birdsall, and will be used for stockpiling materials.)

 

RESOLUTION NO. 18-08

 

APPROVAL OF AGREEMENT WITH ALLEGANY COUNTY

AGRICULTURAL SOCIETY FOR PAYMENT OF 2008 BUDGETARY APPROPRIATION

 

Offered by:  Public Works Committee

 

            RESOLVED:

 

            1.         That the Agreement between the County of Allegany and the Allegany County Agricultural Society is approved.

 

            2.         That the Chairman of this Board is authorized to execute such Agreement.

 

            3.         That the County Treasurer, upon receipt of a true copy of said Agreement, is authorized and directed to remit to said Society the sum of $7,000 and charge Account No. A8752.4 therefor.

 

            Moved by:  Mr. Fanton                                                                              Adopted:  Roll Call

            Seconded by:  Mr. Reynolds                                                          13 Ayes, 1 No, 1 Absent

                                                                                                                          Voting No:  McCormick

 

Comments made regarding Resolution No. 18-08:  Mr. Dibble commented that the Agricultural Society supports a great County Fair.

 

Mr. Pullen noted that he certainly supports the Fair, and it is an appropriate expense, but asked if it is mandated.  Chairman Crandall responded that it is not.

 

Mr. McCormick commented on the $7,000 appropriation for the County Fair and the fact that the other festivals in the County don’t receive any help.  He listed a few of the others and questioned why they aren’t funded.  Chairman Crandall pointed out that the other festivals are still supported by the County with security services.  Mr. McCormick noted that this resolution appropriates public money to an umbrella corporation that’s privately funded, and questioned if there was a financial statement from the Society that shows they need the $7,000.  He suggested the matter be referred back to Committee.  Mr. Reynolds commented that he was not in favor of sending it back to Committee.  Chairman Crandall stated that the County does receive an annual statement from the Agricultural Society.

 

Mr. Pullen noted the reason for his questions on mandated services was that the state and federal governments mandate a lot of programs that we probably wouldn’t fund if given the choice.  That leaves us having to choose between which non-mandated programs to fund, and if they are not funded, they would have to be reduced or eliminated.  The County Fair is very important to many people, partially for its 4-H participation and educational aspects.  The difference between the Fair and the other festivals is that the Fair is County-wide and the other festivals don’t have the same degree of participation from the rest of the County.  Where do we draw the line?

 

Mr. Kruger commented that he supported the resolution, but Mr. McCormick raised legitimate questions on where the responsibility of the Legislature begins and ends, regardless of whether programs are mandated or not.  It’s tough to say “no” when you’ve said “yes” to someone else.  Mr. Kruger felt it was appropriate to look at the Agricultural Society’s statement and identify their need.  The County certainly has a lot of places where money is needed, and this has piqued his curiosity on the necessity of funding in the future.

 

Mr. Truax commented that the Fair may not be mandated, but the expense is appropriate.

 

Mr. Hopkins reiterated that the County does receive an annual statement, and his recollection is that the Society does not have a large sum of money for operations from year to year.

 

RESOLUTION NO. 19-08

 

APPROVAL OF AGREEMENTS WITH THE

VILLAGE OF BOLIVAR AND TOWN OF CANEADEA IN RELATION TO

THE DISPOSAL OF COUNTY LANDFILL LEACHATE AT THE VILLAGE AND TOWN WASTE WATER TREATMENT PLANTS;

AUTHORIZING BOARD CHAIRMAN TO EXECUTE AGREEMENTS

 

Offered by:  Public Works Committee

 

            RESOLVED:

 

            1.         That Agreements between the County of Allegany and the Village of Bolivar and Town of Caneadea in relation to the County's disposal of leachate at the respective Village and Town waste water treatment plants for the period January 1, 2008 to December 31, 2008, are approved.

 

            2.         That the Chairman of this Board is authorized to execute the Agreements.

 

            Moved by:  Mr. Fanton                                                                              Adopted:  Roll Call

            Seconded by:  Mr. Dibble                                                           14 Ayes, 0 Noes, 1 Absent

 

(Memo: The renewal agreements for leachate disposal approved by Resolution No. 19-08 include a tipping fee of $.025 per gallon.)

 

AUDITS:

 

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

 

            A motion was made by Legislator Truax, seconded by Legislator Pullen and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $4,802,615.06 including prepaid expenses, be approved for payment as recommended by the County Administrator.  (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid for 2007 was $8,708,765 following the 12/25/07 payment; year-to-date for 2008 is $337,454.)

 

COMMENTS:

 

            Mr. Reynolds read a prepared statement including some figures quoted from a recent Gannett Newspaper article:

 

“Cutting expenses and lowering taxes is a desire of everyone on this Board.  If you cut expenses, you must do away with services.  We all realize there are burdens placed on county governments by unfunded mandates.  Here are some facts from the Public Policy Institute that help us understand why counties in New York State struggle:

 

State-local tax burden:  $5,260 average per person, highest in the country, and 53 percent of the national average.

 

Private sector employment growth, 1996-2006:  Nine percent, 40th out of the 50 states.  The national average is 14 percent.

 

Manufacturing jobs:  Dropped almost 29 percent between 1996 and 2006, a bigger drop than all states except North Carolina and Rhode Island.

 

Cost of doing business (measures wages, taxes, electricity, and real estate):  Second to Hawaii and 30.7 percent above the national average.

 

Average price of electricity in 2007:  14.54 cents per kilowatt-hour, fourth highest and 66 percent above the national average of 8.77 cents.

 

Cost of auto insurance in 2003:  $1,161 on average, second behind New Jersey ($1,188) and 45 percent above the national average of $821.

 

Spending by the state and local governments per person:  $11,375, second to Alaska and 47 percent above the national average of $7,728.

 

Per-pupil spending on public schools in 2005:  $14,119, highest in the country and 62 percent above the national average.

 

Classroom teacher salaries in 2006:  $57,354 average, sixth behind Connecticut, California, New Jersey, Illinois, and Michigan, and 17 percent above the national average.

 

Number of state and local government workers per 1,000 people in 2003:  62, ninth highest in the country.  Average wages of government workers in 2003:  $51,445, second to California.  The national average is $40,717.

 

State and local government debt per capita:  $11,377, third highest of any state and 71 percent above the national average of $6,659.

 

Gasoline taxes:  43.9 cents per gallon, third highest and 55 percent above the national average of 28.4 cents.

 

Medicaid spending per capita:  $2,316, highest in the country and 128 percent above the national average, but the expense was flat this year.

 

Average cost of health insurance in 2004 (family):  $10,397 per year, tenth highest.

 

Portion of work force represented by labor unions in 2006:  24.4 percent, behind only Hawaii (24.7 percent).

 

We constantly search for ways to cut taxes, but we live in an environment that makes that very difficult.  And that environment is called NEW YORK STATE.”

 

 

            Mr. Ungermann thanked Chairman Crandall for writing the letter to Clark Patterson Lee thanking them for their efforts relative to the County’s Court Facilities and other space needs issues (a copy of the letter was given to each legislator).

 

            Mr. Pullen noted that during the meeting, he asked several questions about mandated services.  Much of the information Mr. Reynolds touched on in his article gives him the feeling,  as a taxpayer and as an attorney for several school districts, that the state tells the schools 95 percent of what they have to do, but not how to continue providing services.  We have no choice about a lot of things, but there are a number of issues we do have a choice on that are valuable.  Mr. Pullen suggested having information available to the committee of jurisdiction and then included in the memorandum of explanation for resolutions on whether a program is mandated or not.  Chairman Crandall felt this was a good idea and could be taken care of at the committee level.  Mr. Dibble noted that the memorandum of explanation could include a box to check and the percentage of mandated expense.

 

            Mr. Dibble referred to the real property tax exemption resolution and the comments made regarding people leaving the state due to high taxes.  We should work as a Board to get the state to reduce Medicaid.  If we can get the state to take over the county share of Medicaid, it would relieve some of the burden.

 

ADJOURNMENT:

 

            The meeting was adjourned at 2:40 p.m.