ALLEGANY
REGULAR SESSION
JUNE 9, 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 May 27,
2008 were approved on a motion made by Legislator Dibble, seconded by
Legislator Truax and carried.
The Committee of the Whole meeting
minutes of May 27, 2008 were approved on a motion made by Legislator Truax,
seconded by Legislator Hopkins and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall took the floor for
the presentation of a Certificate of Appreciation to County Treasurer Terri
Ross in recognition of 25 years of service to
Chairman Crandall granted privilege
of the floor to the following:
Brooke Austin, Allegany County Dairy
Princess for 2008-09, highlighted her family’s dairy farm history and some of her
own experiences in the 4-H program. Ms.
Austin invited everyone to partake of the milk punch and goodies in the foyer
in recognition of Dairy Month.
Tim Bigham, Field Advisor for New
York Farm Bureau, addressed the Board regarding Dairy Month and some of the
concerns facing farmers. Some issues he
mentioned were:
·
sky-rocketing
fuel prices greatly increasing farm input costs;
·
proposed
legislation amending the state labor law for farm laborers that would be severely
detrimental to farmers;
·
the illegal
immigrants issue and trying to find a workable solution to ensure farm workers
are legal;
·
increased
unfunded state mandates and additional state regulations in areas such as open
burning (which will add expense for farmers and homeowners and will also regulate
outdoor wood boilers), and new dam regulations, including farm ponds;
·
capping
property taxes;
·
educating
farmers on opportunities for leasing of farm land;
·
increased
commodity prices and the cheaper U.S. dollar;
·
increased
use of grain products for ethanol;
·
new farming
ventures like alpacas which have increased the use and value of land;
·
logging
industry affected by weight restrictions and lack of maintenance on local
roads.
Mr. Bigham recognized that there have
been many things the Legislature has done to help agriculture and others they
could do. Chairman Crandall noted that a
public hearing regarding the DEC’s rule change on open burning is scheduled in
Chris Rainwater, General Manager of
the Bolivar Athletes in Action (AIA) Collegiate Baseball team, spoke on this “baseball
in ministry” program where participants gain quality baseball experience and are
challenged spiritually. This year there
are four AIA baseball teams; the other three are in
Lee Gridley, representing the
Allegany County Agricultural Society, presented the 2008 Allegany County Fair
Books. The Allegany County Fair is a “pay
one price” fair, except for Friday night’s entertainment. This year’s Fair dates are July 14-19, and
Friday night’s entertainment, for one show only, will be Kellie Pickler, Country
Music singer and song writer.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. Placed
on each legislator’s desk was a copy of the Report of Intrafund Transfers
approved by the
2. Also placed on each legislator’s desk
was a copy of the Report of Tax Bill Corrections approved by the
3. Noted received were Southern Tier West
Regional Planning and
4. Notice was received of the next
5. The
6. Correspondence
was received from Assemblyman Daniel Burling acknowledging receipt and support
of Resolution No. 87-08 requesting
PROCLAMATION:
Chairman Curtis W. Crandall
proclaimed June as Dairy Month in Allegany County in recognition of dairy
farming as the predominate form of agriculture in our County which has provided
employment, picturesque scenery for tourism, significant habitat for wildlife,
promotion of a hard work ethic, and continuation of a solid citizenry.
RESOLUTIONS:
RESOLUTION
NO. 100-08
DETERMINATION
OF NO SIGNIFICANT ENVIRONMENTAL IMPACT WITH RESPECT TO THE ADOPTION OF THE
Offered by: Ways and Means Committee
Whereas, Allegany County previously declared its
intent to act as Lead Agency for purposes of the SEQRA environmental review of
its proposed County Comprehensive Plan and provided the required notice to
involved agencies who might wish to be heard on the question of Lead Agency
status or assume the role of Lead Agency, and
Whereas, more than thirty days have elapsed since
providing such notice of Lead Agency status and no party having objected to
Allegany County acting as Lead Agency, and
Whereas, the Allegany County Board of Legislators,
acting as Lead Agency, met at a Committee of the Whole meeting on May 27, 2008
and undertook an environmental review of the County Comprehensive Plan, and
WHEREAS, following a review of a Full Environmental
Assessment Form and discussion of the potential environmental significance of
the County Comprehensive Plan, it was determined that the County Comprehensive
Plan would not have a significant environmental impact, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of
Legislators hereby finds that the County Comprehensive Plan will not have a
significant environmental impact and determines that a Negative Declaration
shall be issued and authorizes the Chairman to prepare and sign the Negative
Declaration.
2. That the Clerk of the Board of
Legislators is directed to send a copy of the Negative Declaration to all towns
and villages within
3. That the Clerk of the Board of
Legislators is directed to cause the Notice of the Negative Declaration to be
published in the Environmental Notice Bulletin (ENB).
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Truax 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 101-08
RESOLUTION SETTING DATE OF PUBLIC HEARING
RELATIVE TO
THE
Offered by:
Ways and Means Committee
WHEREAS,
WHEREAS, the
Allegany County Comprehensive Plan has been distributed to all County and
regional planning boards, planning boards of each municipality, legislators,
mayors, and supervisors for review, and
WHEREAS, it will be necessary to set a date for public hearing on
said Allegany County Comprehensive Plan, now, therefore, be it
RESOLVED:
1. That a
public hearing shall be held on June 23, 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 the Allegany
County Comprehensive Plan.
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: Voice Vote
Seconded by: Mr. Hopkins
RESOLUTION
NO. 102-08
Resolution
in support of the New York State Association of Counties Memorandum in
Opposition to proposed legislation establishing a taskforce on retiree health
insurance protection
Offered by: Ways and Means Committee
Whereas, the Allegany County Board of Legislators
has been made aware of proposed legislation before the New York State
Legislature denominated Bill Number S.6457-A, A.9393-A, which deals with issues
concerning health insurance for retired public employees, and
Whereas, the Allegany County Board of Legislators
is also aware of the Memorandum in Opposition, heretofore sent to the full
Senate and full Assembly, prepared by the New York State Association of
Counties, NYSAC, setting forth the reasons why NYSAC opposes adoption of the
proposed legislation, and
Whereas, the Allegany County Board of Legislators
strongly supports the position taken by NYSAC in opposition to this
legislation, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of
Legislators hereby urges the New York State Legislature not to pass the
proposed legislation denominated as Bill Number S.6547-A, A.9393-A.
2. That Allegany County opposes any
moratorium that would limit the County’s existing authority to make changes to
retiree health benefits.
3. That certified copies of this
resolution shall be forwarded to Senator Catharine M. Young, members of the Assembly
Daniel J. Burling and Joseph M. Giglio, Majority and Minority Leaders of the
New York State Assembly and Senate, and the New York State Association of
Counties.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 12
Ayes, 3 Noes, 0 Absent
Voting
No: Kruger, McCormick, O’Grady
Comments made regarding Resolution 102-08: Mr. Kruger stated that he did not support the
resolution, as he has no problem with
retirees having some type of health insurance protection. The legislation that this resolution opposes
does not restrict the County from saving money on health insurance costs, but the
intent of this resolution is to allow changing the deal made for retirees
before they left. Mr. Pullen responded
that the state legislation would lock in whatever has been done in the past
regarding health insurance, and the counties would not be able to investigate
options that might save taxpayers money, even if those options are similar to
what retirees currently receive.
RESOLUTION
NO. 103-08
Resolution
OPPOSING A PROPOSAL FROM DEC FOR
A
RULE CHANGE TO ELIMINATE OPEN BURNING
Offered by: Ways and Means Committee
Whereas, the
Whereas, currently the rule on open burning of
residential waste only applies in a city, village or town with a population of
20,000 or more, and
WHEREAS, the proposed rule change would apply to
all
WHEREAS, the Allegany County Board of Legislators
believes that there are already adequate laws and regulations in place to
protect the environment and health of the residents of
WHEREAS, the rule change proposed by DEC would
seriously impact the rights of Allegany County residents to manage their
property in a safe and efficient manner with little or no added benefit to the
general population, and
WHEREAS, DEC has failed to adequately consider the
needs and concerns of the residents of
RESOLVED:
1. That the Allegany County Board of
Legislators hereby opposes any rule change that would make the ban on open
burning a statewide ban.
2. That the Allegany County Board of
Legislators strongly urges DEC to schedule a public hearing within Allegany
County to solicit local input on this proposed rule change prior to taking
further action to implement the change.
3. That certified copies of this
resolution shall be forwarded to Governor David A. Paterson, DEC Commissioner
Pete Grannis, Senator Catharine M. Young, members of the Assembly Daniel J.
Burling and Joseph M. Giglio, and to Robert Stanton at NYSDEC, Division of Air
Resources.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hall 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 104-08
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 October 1, 2007, through March 31, 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. Fanton 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 105-08
AUTHORIZING PAYMENT TO TOWNS AND VILLAGES
FROM
ADDITIONAL MORTGAGE TAX FEE RETAINAGE BY
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
WHEREAS, this
Board wishes to appropriate part of such reimbursement of necessary expenses
received by the
RESOLVED:
1. The
amount of $25,359.75 is appropriated from
Account No. A1410.432 (
|
TOWNS |
AMOUNT RETAINED BY FOR MORTGAGE TAX FEE |
REBATE AMT TO TOWN |
REBATE AMT TO VILLAGE |
VILLAGES |
|
Alfred |
1,029.98 |
825.82 |
204.16 |
Alfred |
|
Allen |
321.47 |
321.47 |
|
|
|
|
268.01 |
268.01 |
|
|
|
Almond |
1,069.14 |
982.77 |
86.37 |
Almond |
|
Amity |
922.16 |
771.09 |
151.07 |
|
|
|
560.56 |
457.10 |
103.46 |
|
|
Angelica |
439.16 |
360.15 |
79.01 |
Angelica |
|
|
877.27 |
877.27 |
|
|
|
Birdsall |
34.95 |
34.95 |
|
|
|
Bolivar |
1,337.81 |
1,052.07 |
265.68 |
Bolivar |
|
|
|
|
20.07 |
Richburg |
|
Burns |
343.46 |
297.06 |
46.40 |
Canaseraga |
|
Caneadea |
1,820.57 |
1,820.57 |
|
|
|
|
180.87 |
180.87 |
|
|
|
|
684.43 |
684.43 |
|
|
|
|
2,409.65 |
2,015.83 |
393.82 |
|
|
Friendship |
378.17 |
378.17 |
|
|
|
|
864.35 |
864.35 |
|
|
|
Granger |
151.68 |
151.68 |
|
|
|
Grove |
418.72 |
418.72 |
|
|
|
Hume |
3,379.32 |
3,379.32 |
|
|
|
|
497.75 |
497.75 |
|
|
|
New |
320.97 |
320.97 |
|
|
|
Rushford |
1,378.81 |
1,378.81 |
|
|
|
Scio |
464.39 |
464.39 |
|
|
|
Ward |
179.95 |
179.95 |
|
|
|
Wellsville |
3,380.68 |
2,455.24 |
925.44 |
Wellsville |
|
West Almond |
771.04 |
771.04 |
|
|
|
Willing |
503.63 |
503.63 |
|
|
|
Wirt |
370.80 |
344.08 |
26.72 |
Richburg |
|
|
|
|
|
|
|
TOTALS |
25,359.75 |
23,057.55 |
2,302.20 |
|
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. Fanton 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 106-08
A RESOLUTION DETERMINING THAT ERRORS EXIST
ON THE 2005 THROUGH 2008 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
Belfast is ordered and directed to correct in the 2008 County and Town Tax Roll
the assessment or taxes, or both, of the property assessed to the following taxpayer
and described as follows:
a. Incognito, David & Cynthia; Parcel 118.-1-8.2
Assessment: Land $161,600 Total $161,600
by reducing the Taxable Value from $161,600 to
$131,000, and by correcting the taxes, as follows:
Fire 150.83
Total $4,509.32
and the
Fire 35.23
Total $1,053.32
5. That the Tax Collector of the Town of
a. Columbia Gas Trans Corp.; Parcel
660.000-9999-810.500/2001
Assessment: Land $156,400 Total $156,400
this is a duplicate parcel and should have been removed from the Tax
Roll, and the
|
|
2005-06 School |
2006 |
2006-07 School |
2007 |
2007-08 School |
2008 |
|
|
|
$2,270.42 |
|
$2,669.84 |
|
$2,746.98 |
|
Town of |
|
1,821.78 |
|
2,044.14 |
|
2,067.93 |
|
Fire |
|
177.04 |
|
174.84 |
|
171.56 |
|
|
$4,849.75 |
|
$5,570.30 |
|
$5,263.29 |
|
|
Library |
___10.40 |
_______ |
___23.09 |
_______ |
___21.82 |
_______ |
|
Total |
$4,860.15 |
$4,269.24 |
$5,593.39 |
$4,888.85 |
$5,285.11 |
$4,986.47 |
6. That the Tax Collector of the Town of
Scio is ordered and directed to correct in the 2007 to 2008 County and Town Tax
Roll the assessment or taxes, or both, of the property assessed to the
following taxpayer and described as follows:
a.
Assessment: Land $14,100 Total $14,100
this parcel was combined with another and should have been deleted from
the Tax Roll, and the
2007-08
School 2008
Town of
Fire 22.99
Scio School $447.09
Library ___2.68 ______
Total $449.77 $476.04
7. 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.
8. 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, 2009. The
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hall 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 107-08
TRANSFER OF FUNDS WITHIN
OFFICE OF DEVELOPMENT AND
PLANNING CONTRACTUAL EXPENSE
ACCOUNTS
Offered by:
Ways and Means Committee
RESOLVED:
1. That the sum of $697 is transferred
from Account No. A6430.474 (Marketing) to Account No. A6430.201 (Equipment) for
computer equipment and the sum of $4,800 from Account No. A8020.101 (Personnel
Services) to Account No. A8020.493 (Home & Community) for Planning Board
Liaison expenses.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 108-08
TRANSFER OF FUNDS FROM
CONTINGENT ACCOUNT TO
Offered by:
Ways and Means Committee
RESOLVED:
1. That the sum of $40,200 is transferred
from Account No. A1990.4 (Contingent) to Account No. A1011.414 (
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 12
Ayes, 3 Noes, 0 Absent
Voting
No: McCormick, O’Grady, Russo
Resolution Intro. No.
112-08 (Approval of Agreement between
RESOLUTION
NO. 109-08
APPROVAL OF AGREEMENT BETWEEN
JAMES MCGUINNESS &
ASSOCIATES, INC. FOR
THE USE OF COMPUTER SOFTWARE;
AUTHORIZING CHAIRMAN TO
EXECUTE AGREEMENT
Offered by: Human Services Committee
RESOLVED:
1. That the Agreement between the County
of Allegany and James McGuinness & Associates, Inc. for the support and/or
modification of computer software for the Allegany County Department of Health
Preschool Program for the term January 1, 2008 through December 31, 2009 is
approved.
2. That the Chairman of this Board is
authorized to execute said Agreement.
Moved by: Mr. Truax Adopted: Roll Call
Seconded by: Mr. Dibble 15
Ayes, 0 Noes, 0 Absent
(Memo: The agreement approved by Resolution No.
109-08 includes maintenance at a minimum of $550 per month and support at $100
per hour based on actual usage. The
software is necessary in order for the Health Department to interface with NY
State Education Department and for the processing of
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 $4,210,764.82 including
prepaid expenses, be approved for payment as recommended by the County
Administrator. (
COMMENTS:
Legislator Ungermann
congratulated former Legislator Delores Cross who recently received the Woman
of Distinction Award in
ADJOURNMENT:
The meeting was adjourned at 2:53
p.m. on a motion made by Legislator Truax, seconded by Legislator Dibble and
carried.