ALLEGANY
REGULAR SESSION
** 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
Kruger).
APPROVAL OF
MINUTES:
The Committee of the Whole meeting
minutes of August 25, 2008 were approved on a motion made by Legislator Truax,
seconded by Legislator Dibble and carried.
The Board meeting minutes of September
8, 2008 were approved on a motion made by Legislator Truax, seconded by
Legislator Dibble and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall granted privilege
of the floor to Tami Hamilton, from ACCORD Youth and Family Development
Services, to present information on domestic violence services. Pamphlets were distributed, including a
Five-Year Service Profile compiled by the Domestic Violence Consortium, illustrating
the continued need for services and ongoing development of strategies. On average, 150 victims are served annually. This number is likely to increase with the
passage of the new Family Access Law in 2008.
Ms. Hamilton thanked the Board for its continued support and for the
proclamation to be read later in the meeting.
Chairman Crandall also granted
privilege of the floor to Scott Spillane, Veterans’ Service Agency Director, to
speak about the proposed Cold War Veterans real property tax exemption. Mr. Spillane’s understanding of information
received from the Real Property Tax Service Agency and state representatives is
that there will not be a lot of people using this exemption. Other local municipalities within
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. Notice
was given of the next Fire Advisory Board meeting on Thursday, September 25, at
8 p.m. in Room 122 of the Public Safety Facility. The Fire Investigators and District
Coordinators plan to meet at 7 p.m.
2. A
news release was received from the Southern Tier West Regional Planning and
Development Board highlighting their September 18 meeting.
3. Correspondence
was received from Dean Skelos, New York State Senate President Pro Tem and
Majority Leader, regarding our correspondence in support of legislation that
would implement a cap on local school property tax increases to help New
Yorkers cope with the rising cost of living.
The letter urges us to contact our Assembly Representatives encouraging
them to pass Bills S8736 and S8737.
4. Correspondence
was received from the Allegany/Western Steuben Rural Health Network notifying
us of the Council of Agencies meeting on December 5.
5. Correspondence
and a resolution were received from the
6. A
resolution was received from the Town of
APPOINTMENT:
Chairman Crandall, in a joint
measure with Crystal Abers, Chairman of the Cattaraugus County Board of
Legislators, appointed Linda Spaulding, Senior Employment Project Director for
the Chautauqua County Office for the Aging, to fill the unexpired three-year
term of Linda Pierce ending December 31, 2010 on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD.
PROCLAMATION:
Chairman Crandall proclaimed October
2008 as Domestic Violence Awareness Month in
RESOLUTIONS:
Resolution Intro. No.
153-08 (Adoption of Local Law Intro. No. 3-2008, Print No. 1, in Relation to a
Local Law to Allow Cold War Veterans a Limited County Tax Exemption Pursuant to
Section 458-b of the Real Property Tax Law) was removed from the table following
a motion made by Legislator Russo, seconded by Legislator Fanton and carried. (The resolution was originally tabled on
September 8, 2008.)
RESOLUTION
NO. 156-08
ADOPTION OF LOCAL LAW INTRO.
NO. 3-2008, PRINT NO. 1, IN RELATION TO A LOCAL LAW TO ALLOW COLD WAR VETERANS
A LIMITED COUNTY TAX EXEMPTION PURSUANT TO SECTION 458-B OF THE REAL PROPERTY
TAX LAW
Offered by:
Personnel and Ways and Means Committees
RESOLVED:
1. That proposed Local Law, Intro. No.
3-2008, Print No. 1, is adopted without any change in language, to wit:
Intro. No. 3-2008 Print
No. 1
A LOCAL LAW TO ALLOW COLD WAR
VETERANS
A
THE REAL PROPERTY TAX LAW
BE IT ENACTED by
the Board of Legislators of the
Section 1. Purpose.
The purpose of this
local law is to authorize a limited exemption from real property taxes for
residential real property owned by veterans and their surviving spouses who
rendered military service to the United States during the “Cold War” pursuant
to Section 458-b of the Real Property Tax Law.
Section 2. Cold War
Exemption.
(a) Pursuant to subsection 2(a) of § 458-b of
the Real Property Tax Law of the State of New York, and subject to the
definitions, limitations and requirements of said § 458-b, the County of
Allegany hereby adopts the qualifying residential real property exemption under
subsection 2(a)(i) of § 458-b of the Real Property Tax Law of the State of New
York, that is, an exemption in the amount of ten percent of the assessed value
of such property, provided however, that such exemption, as permitted by
subsection 2(c)(iii), shall not exceed four thousand dollars or the product of
four thousand dollars multiplied by the latest state equalization rate of such
property’s assessing unit, or, in the case of a special assessing unit, the
latest class ratio, whichever is less.
(b) Pursuant to subsection 2(b) of § 458-b of
the Real Property Tax Law of the State of New York, and subject to the
definitions, limitations and requirements of said § 458-b, the County of
Allegany hereby adopts the qualifying residential real property exemption under
subsection 2(b) of § 458-b of the Real Property Tax Law of the State of New
York, that is, an exemption in the amount equal to the extent of the product of
the assessed value of such property, multiplied by fifty percent of the Cold
War veteran disability rating; provided, however, that such exemption, as
permitted by subsection 2(c)(iii), shall not exceed twenty thousand dollars or
the product of twenty thousand dollars multiplied by the latest state
equalization rate for the assessing unit, or, in the case of a special
assessing unit, the latest class ratio, whichever is less.
Section 3. Effective Date.
This Local Law shall
take effect immediately upon its filing with the Secretary of State and shall
be applicable to all assessment rolls prepared pursuant to the first taxable
status date occurring on or after the effective date of this local law.
Moved by: Mr. Russo Adopted: Roll Call
Seconded by: Mr. Fanton 10
Ayes, 4 Noes, 1 Absent
Voting
No: Benson, McCormick, O’Grady,
Ungermann
Comments made regarding Resolution No. 156-08: Legislator Ungermann stated that he had no objection to Cold War Veterans receiving
an exemption, but something has to be done about reviewing and cutting some of
the other 90 exemptions already in place.
Legislator Truax also noted that he had no
problem with the Veterans’ exemption, but instead of having five to ten for
various dates of service, he would like to see them consolidated into one.
Legislator Pullen pointed out that of the 90
plus tax exemptions provided for under the Real Property Tax Law and other
places, we have no say over the vast majority.
For example, some exemptions are under state law, such as state
properties and the STAR program. There
are basically only three that we have any say over. The exemptions for veterans and senior
citizens may shift the costs to the rest of us, but they are appropriate. The other includes certain business
exemptions, which is much less pervasive.
There are a lot of exemptions, but as in so many other things, we have
no control over them. This particular
exemption is appropriate.
Legislator McCormick suggested that more
research be done on this exemption to determine the fiscal impact and how many
veterans will claim it. Chairman
Crandall noted that his understanding is that the number would be nearly
impossible to come up with.
Legislator Ungermann
commented on the new requirement beginning with the filing of the 2009
tentative budget of listing all property tax exemptions and their value.
RESOLUTION NO. 157-08
REAPPOINTMENT OF DAVID S. ROESKE AS
Offered by:
Public Works Committee
RESOLVED:
1. That
David S. Roeske of the Town of Willing is reappointed to the office of
Moved by: Mr. Fanton Adopted: Voice Vote
Seconded by: Mr. Reynolds
RESOLUTION
NO. 158-08
APPROVAL OF BOARD CHAIRMAN'S
REAPPOINTMENT OF
TWO LANDOWNER REPRESENTATIVE
MEMBERS TO
Offered by:
Public Works Committee
Pursuant to Environmental Conservation Law §
9-0705
RESOLVED:
1. That the reappointment by the Chairman
of this Board of Thomas Parmenter and Rodney K. Bennett as Landowner
Representative Members of the Region Nine Forest Practice Board, with term of
office commencing September 9, 2008 and expiring September 8, 2011, is
approved.
Moved by: Mr. Fanton Adopted: Voice Vote
Seconded by: Mr. Reynolds
Resolution Intro. No.
162-08 (Creating Position of Senior Recording Clerk in County Clerk’s Office)
was amended on a motion made by Legislator Hall, seconded by Legislator Fanton
and carried, by adding the words “and abolishing position of Cashier” in the
title and Resolved #1, and by changing the effective date in Resolved #2 from
September 23, 2008 to January 1, 2009.
RESOLUTION
NO. 159-08
CREATING POSITION OF SENIOR
RECORDING CLERK AND
ABOLISHING ONE POSITION OF
CASHIER IN
Offered by:
Personnel Committee
RESOLVED:
1. That one position of Senior Recording
Clerk is created and one position of Cashier is abolished in the
2. This resolution shall take effect on
January 1, 2009.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Pullen 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 160-08
ESTABLISHING A
PROVIDING FUNDING FOR SUCH CAPITAL ACCOUNT
Offered by:
Public Works and Ways and Means Committees
RESOLVED:
1. A
Capital Project Account is established within the Capital Fund for the bridge
replacement on County Road 16 over the
2. The funding for such Capital Project
Account will come from the 2009 County budget and such account number to be
designated by the
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 161-08
GRANTING SALARY INCREMENTS RETROACTIVE TO
JULY 1, 2008,
TO UNIT AND NON-UNIT EMPLOYEES
Offered by:
Personnel Committee
Pursuant to Resolution No. 1-69, as amended,
and Resolution No. 297-75, as amended
WHEREAS, County
unit and non-unit employees are eligible to receive an annual salary increment
effective July 1, 2008, and
WHEREAS, these
employees were inadvertently left off an earlier resolution approving an annual
salary increment, and
WHEREAS, the
proper County department heads have recommended that such employees receive
their respective annual salary increment effective July 1, 2008, having been
satisfied, after review, with each of such employees' service, with attention
having been given to the efficiency with which each of such employees has
performed his or her respective duties, as well as the attendance record of
each and all other factors having an effect on the work record of each, and
WHEREAS, this
Board concurs in such recommendation, now, therefore, be it
RESOLVED:
1. That
the following listed employees are granted their respective annual increment
retroactive to July 1, 2008, to wit:
Department Name Title Increment
Sheriff K. Brisbee Corr. Officer $.40
Sheriff T. Middaugh Corr. Officer $.40
Sheriff D. Brubaker Corr. Officer $.40
Sheriff B. Collins Corr. Officer $.40
Sheriff D. Witter Corr. Officer $.40
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Pullen 14
Ayes, 0 Noes, 1 Absent
(Memo: The increments granted by Resolution No.
161-08 were for eligible employees hired between 07/01/07 and 12/31/07. See also Resolution No. 111-08.)
RESOLUTION
NO. 162-08
AUTHORIZING WAYS AND MEANS
COMMITTEE OF
TO APPLY
Offered by:
Ways and Means Committee
Pursuant to Article 5-A of the Economic
Development Law
RESOLVED:
1. That the Ways and Means Committee of
this
2. That if the application for the funding
is approved, such Committee shall submit the grant agreement to this Board for
approval and appropriation of such funds prior to commencing any work pursuant
to the terms of the grant agreement or expending any of such funds.
3. That the Clerk of this Board is
directed to send a certified copy of this resolution to the New York State
Commissioner of Economic Development.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 14
Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 162-08: Legislator Reynolds pointed out that although every year we apply for $500,000, we
typically receive $75,000, which the County has to match.
RESOLUTION
NO. 163-08
AUTHORIZING THE IMPLEMENTATION, AND FUNDING
IN THE FIRST INSTANCE
100 PERCENT OF THE FEDERAL AID AND STATE
"MARCHISELLI" PROGRAM AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL
AID PROJECT,
AND APPROPRIATING FUNDS THEREFOR
Offered by:
Public Works and Ways and Means Committees
WHEREAS, a
Project for the Bridge Replacement (BIN 3060090) County Route 16 over Genesee
River, Town of Belfast, County of Allegany, PIN 6754.08 (the Project) is
eligible for funding under Title 23 U. S. Code, as amended, that calls for the
apportionment of the costs of such program to be borne at the ratio of 80
percent federal funds and 20 percent non-federal funds, and
WHEREAS, the
RESOLVED:
1. That
the Board of Legislators of the County of Allegany hereby authorizes the County
of Allegany to pay in the first instance 100 percent of the federal and
non-federal share of the cost of Design and Right of Way Incidental phase work
for the Project or portions thereof.
2. That the sum of $456,000 shall be
appropriated from an account to be designated by the County Treasurer in the
2009 County budget and made available to cover the cost of participation in the
above phase of the Project.
3. That in the event the full federal and
non-federal share costs of the Project exceed the amount appropriated above,
the Board of Legislators of the
4. That the Chairman of the Board of
Legislators of the County of Allegany be and is hereby authorized to execute
all necessary Agreements, certifications or reimbursement requests for Federal
Aid and/or Marchiselli Aid on behalf of the County of Allegany with the New
York State Department of Transportation in connection with the advancement or
approval of the Project and providing for the administration of the Project and
the municipality's first instance funding of project costs and permanent
funding of the local share of federal aid and state aid eligible Project costs
and all Project costs within appropriations therefor that are not so eligible.
5. That a certified copy of this
resolution be filed with the New York State Commissioner of Transportation by
attaching it to any necessary Agreement in connection with the Project.
6. This Resolution shall take effect
immediately.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Hall 14
Ayes, 0 Noes, 1 Absent
(Memo: The break-down for the estimated cost for the
Preliminary Engineering and Right of Way phases of the project referenced in
Resolution No. 163-08 includes: Federal
Share (80 Percent) $364,800; State Share
(15 Percent) $67,650; County Share (15 Percent)
$23,550; Total $456,000.)
RESOLUTION
NO. 164-08
ACCEPTANCE OF INITIATIVE
MEMBER FUNDING FROM
STATE SENATOR CATHARINE YOUNG
FOR ASSISTANCE IN
PURCHASING PRIORITY DISPATCH
SOFTWARE;
APPROPRIATION OF FUNDING TO
HOMELAND SECURITY ACCOUNT
Offered by:
Public Safety and Ways and Means Committees
WHEREAS, the sum of $20,000 has been offered by State Senator
Catharine Young to the Allegany County Sheriff's Office for assistance in
purchasing priority dispatch software, now, therefore, be it
RESOLVED:
1. That
the sum of $20,000 offered by State
Senator Catharine Young to the Allegany County Sheriff's Office for purchasing
priority dispatch software is accepted.
2. That the accepted sum of $20,000 is
appropriated to Account No. A3645.4 (Homeland Security – Contractual) with a
like sum credited to Revenue Account No. A10.3306.SHF7 (Homeland Security –
Sheriff).
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Pullen 14
Ayes, 0 Noes, 1 Absent
(Memo: The total cost for the Priority Dispatch
Software referred to in Resolution No. 164-08 was $112,609. A down payment of $11,261 was made January 25,
2008 from 2007 funds. After the member
funding of $20,000 is applied, the balance owed is $81,348, which will be paid
from 2009 funds.)
Comments made regarding Resolution No.
164-08: Legislator Pullen suggested that
a thank-you note be sent to Senator Young to show appreciation for the Member
Initiative Funding, which was supported by consensus of the Board.
RESOLUTION
NO. 165-08
TRANSFER OF FUNDS WITHIN SOLID WASTE ACCOUNT
Offered by:
Public Works Committee
RESOLVED:
1. That the sum of $75,000 is transferred
from Account No. A8160.204 to Account No. A8160.422 to cover fuel purchases for
remainder of this year.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Reynolds 14
Ayes, 0 Noes, 1 Absent
RESOLUTION INTRO. NO. 169-08 (APPROVAL
OF AGREEMENT WITH DENTRUST DENTAL NEW YORK, P.C. TO PROVIDE DENTAL CARE FOR
INMATES AND DETAINEES AT THE ALLEGANY COUNTY JAIL) was TABLED
following a motion made by Legislator Dibble, seconded by Legislator Truax and
carried.
Resolution Intro. No.
170-08 (Resolution Calling on the New York Congressional Delegation to Support
an Increase in the Federal Medical Assistance Percentage [FMAP] to Provide New
York Counties with Property Tax Relief) was not pre-filed and was considered
from the floor on a motion made by Legislator Truax, seconded by Legislator Dibble
and carried.
RESOLUTION
NO. 166-08
RESOLUTION CALLING ON THE
Offered by:
Ways and Means Committee
WHEREAS, under
Federal Law, local governments are not responsible for any portion of Medicaid
funding, however, Congress has given states the ability to require local
governments to share in financing the non-federal share of Medicaid costs, and
WHEREAS, the
United States Centers for Medicare and Medicaid Services data demonstrates that
no other state in the country financially burdens its localities like New York
State, and
WHEREAS, Medicaid
represents the largest single program expense in every county budget and
siphons away the limited resources needed to fund other critical budgetary
needs at the county level, and
WHEREAS, the
National Governor's Association (NGA), including Governor Paterson, has
supported a proposal for a temporary increase in the federal medical assistance
percentage (FMAP) as an economic stimulus option that would provide more
federal funding for state Medicaid programs, and
WHEREAS, the NGA
has indicated that it would both help to stimulate the nation's economy and
shore up the safety net for low-income families, and
WHEREAS, this
proposal would provide nearly $1.6 billion in fiscal relief to
WHEREAS, this
FMAP increase would reduce the local Medicaid burden and provide immediate
property tax relief to the residents of
RESOLVED:
1. That
the Allegany County Board of Legislators calls upon the New York Congressional
Delegation to support an increase in the federal medical assistance percentage
(FMAP) to provide New York's local taxpayers with relief from the crushing
financial burden of the Medicaid program.
2. That the Clerk of this Board is
directed to send a copy of this resolution to the New York State Congressional
Delegation, Governor Paterson, Senator Catharine M. Young, Assembly Members
Joseph M. Giglio and Daniel J. Burling, and all others deemed necessary and
proper.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hall 14
Ayes, 0 Noes, 1 Absent
AUDITS:
A motion was made by
Legislator Truax, seconded by Legislator Fanton 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 $1,980,063.01 including
prepaid expenses, be approved for payment as recommended by the County
Administrator. (
ADJOURNMENT: The meeting was adjourned at 2:45 p.m. on a motion made by Legislator
Fanton, seconded by Legislator Truax and carried.