ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

SEPTEMBER 8, 2008

** APPROVED **

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

ROLL CALL: 15 Present; 0 Absent.

APPROVAL OF MINUTES:

The Board meeting minutes of August 25, 2008 were approved on a motion made by Legislator Truax, seconded by Legislator Hall and carried.

PUBLIC HEARING:

Chairman Crandall closed the regular meeting to hold a public hearing on Local Law Intro. No. 3-2008, entitled “A Local Law to Allow Cold War Veterans a Limited County Tax Exemption Pursuant to Section 458-b of the Real Property Tax Law.” There being no one desiring to speak, the public hearing was declared closed and the Board reconvened in regular session.

PRIVILEGE OF THE FLOOR:

Chairman Crandall granted privilege of the floor to Cynthia Dutton, Cuba Circulating Library Director and Allegany County Library Directors Association member, who spoke about Library Card Sign-Up Month. Ms. Dutton was accompanied by Lana Meissner, Director of the Box of Books Library in Alfred, and Brian Hildreth, Director of the David A. Howe Public Library in Wellsville. They presented statistics on the value of services provided by libraries, and noted that they help to improve our lives. Libraries, of which there are seventeen in Allegany County, are even more important now than in the past, given our current, uncertain economic situation. September is recognized nationally as Library Card Sign-Up Month.

Chairman Crandall also granted privilege of the floor to Shawn D. Hogan, Mayor for the City of Hornell, who was invited to relate his city’s experiences with the Office of Court Administration for the provision of adequate Court facilities. Mayor Hogan expressed the opinion that the Court facilities issue is the ultimate in unfunded mandates, even though OCA will point to the savings municipalities have experienced since the Unified Court System took over administration of municipal courts (they pay salaries for the Judges and Clerks). Hornell held off on complying with the Court Facilities Act for as long as they could (eight years), until the state was ready to withhold state aid or intercept sales tax (a significant amount for them - $1.5 million in today’s dollars) if they didn’t implement improvements according to handicap accessibility, security, and space guidelines. That loss would have had a very detrimental impact on their budget. As they were studying options to meet their needs, the Steuben Trust Bank headquarters on Seneca and Main Street became available. They were able to purchase the building, which had been newly renovated, for $1.1 million. Renovations for the Courts, including an elevator, holding cells, and security, added another $750,000 to the project, and they also had the opportunity to upgrade their police and fire departments. Hornell’s project was completed in 2003. We are not the only ones under this gun. Corning is facing it now as well for space and accessibility issues. Mayor Hogan sympathized with the County in that our situation far exceeds what Hornell had to do and is more onerous for the taxpayers, but it just has to be dealt with.

In response to questions about what the OCA expected Hornell to spend, square footage, and fragmentation of operations between the three floors of their facility, Mayor Hogan noted that OCA gave them a list of deficiencies that they had to address, but did not set a dollar figure. They ended up with more space than was needed at the time, which allowed them to lease some of the space out. The Courts utilize between 7,500 and 9,000 square feet with some common areas. Mayor Hogan commented that OCA always seems to want more space, and now they want more improvements.

When asked whether he felt that OCA is serious about sanctions, Mayor Hogan responded that a sanction, in the form of withholding state aid, is the only thing OCA has to get municipalities to comply. The state law upholds OCA. He complained that Hornell needed help, but there was no help forthcoming. The OCA only subsidizes the interest. Mayor Hogan stated that he wasn’t in a position to call their bluff, and he feels that OCA will follow through with their threats.

Mayor Hogan was questioned on a comment about sales tax revenue driving Hornell’s budget, and asked if he felt that changing the tax rate would change their retail situation. Their rate is currently lower than Allegany County’s. Mayor Hogan noted that the economy is in the doldrums nationwide, and rural areas are at the tail end of cyclical situations. It’s a double-edged sword to rely too heavily on sales tax revenue. There are three sources of revenue: sales tax, property taxes, and state aid. He realizes that state aid will be affected in the new state budget, but Hornell just broke ground for a new Lowes store, so they shouldn’t see a dramatic drop in revenues.

Mayor Hogan commented that he doesn’t have any opinions on how Allegany County addresses the Court facilities issue, but we will have to. No one likes unfunded mandates, but they are a fact of life in New York.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

1. Placed on each legislator’s desk was a copy of the Report of Tax Bill Corrections approved by the County Administrator in August 2008.

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

3. Noted as received was a letter from the InterCounty Association of Western New York to the Governor regarding proposed cuts to the New York State budget.

4. Correspondence was received regarding a supplement to the application of the Village of Arcade and Noble Allegany Windpark, LLC, for a Certificate of Environmental Compatibility and Public Need for the Construction and Operation of the Centerville Yorkshire 115kV Transmission Line Pursuant to Article VII of the Public Service Law.

5. A notice was received for the next meeting of the Allegany County Transportation Task Force on September 11, from 10 a.m. to 1 p.m., at the Crossroads Conference Center.

6. A notice was received for the Readers Theater to be held on September 13, at 7 p.m., at Houghton College to celebrate the history of Oramel, Caneadea, and Houghton.

PROCLAMATION:

Chairman Crandall proclaimed September 2008 as Library Card Sign-Up Month in Allegany County in recognition of the many valuable services that our libraries provide to help improve the lives of County citizens, and encouraged everyone to sign up for the “smartest” card.

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 TABLED following a motion made by Legislator Ungermann, seconded by Legislator Kruger and carried on a roll call vote of 8 Ayes, 7 Noes, 0 Absent (Voting No: Burdick, Crandall, Dibble, Fanton, Hall, Reynolds, Russo).

Prior to tabling Resolution Intro. No. 153-08, Legislator Ungermann commented that his previous information about the proposed real property tax exemption being number 83 was incorrect. It would be number 91. A recent NYSAC Newsletter addressed a new Real Property Tax Law Section 495 to take effect for 2009 tentative budgets that requires all taxing jurisdictions to file an exemption report with their tentative budgets beginning this year. The report is required to show how much of the tax roll is exempt from taxation; every type of exemption and the cumulative impact of each on the tax roll; the cumulative amount expected to be received from recipients of each type of exemption as payments in lieu of taxes; and the cumulative impact of all exemptions granted. Mr. Ungermann had no objection to helping our veterans, but someone else has to pick up the difference. Mr. Ungermann suggested tabling the resolution until a review of the current exemptions takes place, and noted that the issue of exemptions may be a place to begin making budget cuts.

RESOLUTION NO. 150-08

RESOLUTION URGING THE GOVERNOR AND STATE LEGISLATURE

TO REMOVE COUNTIES FROM THE FISCAL AND PROGRAMMATIC RESPONSIBILITY OF THE PRESCHOOL SPECIAL EDUCATION PROGRAM

Offered by: Human Services and Ways and Means Committees

WHEREAS, Chapter 23 of the Laws of 1989 established the Preschool Program for Children with Handicapping Conditions Educational Program as 4410 of the Education Law, and

WHEREAS, this law included a provision to reduce the county fiscal liability to 25 percent by the 1993-94 school year, and

WHEREAS, succeeding statutes, beginning with the Deficit Reduction Act of 1990, have reneged on state statutory assurances of increased state fiscal participation in the program and the state has consistently resorted to balancing the State Budget by decreasing the state's portion of the program costs, and

WHEREAS, this mandated program has grown exponentially in costs, from $96 million in 1989 to over $1 billion in 2006-07, of which the county share was $450 million, and

WHEREAS, the federal and state law places responsibility for the program with the educational system and gives decision-making authority to school districts, and

WHEREAS, the financial burden for programmatic decisions falls on counties rather than on school districts, and

WHEREAS, the Governor and State Legislature last year recognized the need to reform the Preschool Special Education Program and established the Temporary Task Force on Preschool Special Education to make recommendations for the same, and

WHEREAS, the Temporary Task Force on Preschool Special Education, in its final report, recommended that county fiscal participation be capped and county programmatic and administrative involvement be eliminated by 2013, and

WHEREAS, the 2008-09 Executive Budget proposes to limit the growth of county expenditures for the preschool special education program at 4 percent the first year, 3.5 percent the second year and 3 percent the third year and every year thereafter, and

WHEREAS, this proposal imposes a new financial requirement on school districts by requiring them to take over the state responsibility to reimburse counties 59.5 percent of the costs of Committee on Preschool Special Education (CPSE) administration and evaluations, and

WHEREAS, the Governor's proposal excludes the City of New York from the benefits of the proposal, while asking it to assume the state's share of costs for administration and evaluation, and

WHEREAS, Allegany County applauds the Governor for proposing to "cap" county expenses but urges that the "cap" be carefully examined and structured to maximize savings and long-term benefits to counties, now, therefore, be it

RESOLVED:

1. That the Allegany County Board of Legislators believes that counties should, ultimately, be removed from the fiscal, contractual and programmatic responsibilities of the 4410 Preschool Special Education Program.

2. That this Board calls on the Governor and State Legislature to build off of the 2008-09 Executive Budget proposal to "cap" the growth of county Preschool Special Education expenses and ensure that counties statewide benefit from this proposal.

3. That this Board call on the Governor and State Legislature to begin, in 2008-09, the process for transitioning programmatic and administrative responsibility from counties in line with the recommendations of the Temporary Task Force on Preschool Education.

4. That certified copies of this resolution shall be forwarded to Governor David A. Paterson, Senator Catharine M. Young, and members of the Assembly Daniel J. Burling and Joseph M. Giglio.

Moved by: Mr. Truax Adopted: Roll Call

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

Comments made regarding Resolution No. 150-08: Legislator Dibble requested that copies of the resolution also be sent to NYSAC, InterCounty Association of Western New York, and InterCounty Association of the Adirondacks in an effort to garner more support.

Legislator Pullen commented that the Preschool Special Education Program would be better aligned under the State Education Department under local school districts. The state aid formula for school districts is greater than what is given to counties, so the state would have to pay more if the program was under the schools. The present system is a dodge so the state doesn’t have to contribute as much. The program should be funded as an education program, and should not be under county supervision.

RESOLUTION NO. 151-08

RESOLUTION ESTABLISHING

SOLID WASTE RESIDENTIAL USER FEES FOR YEAR 2009

Offered by: Public Works Committee

RESOLVED:

1. The following solid waste residential user fees are hereby established and shall be charged to users of the Allegany County Solid Waste System during the year 2009:

Residential User Fee - $96 per year. The Residential User Fee will be prorated quarterly as follows:

January 1 through March 31 - $96

April 1 through June 30 - $72

July 1 through September 30 - $48

October 1 through December 31 - $24

2. Solid Waste Identification Tags will be issued without charge upon payment of the applicable user fee. No user fee will be charged to individuals who will only be disposing of recyclable materials at County facilities. A recyclables only Identification Tag will be issued without charge to individuals who will only be disposing of recyclable materials upon the completion by such individuals of the appropriate application form. In the event a Residential Identification Tag is lost or stolen a Replacement Residential Identification Tag will be issued for a fee of $25.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Pullen 8 Ayes, 7 Noes, 0 Absent

Voting No: Burdick, Crandall, Dibble, O’Grady, Russo, Truax, Ungermann

Comments made regarding Resolution No. 151-08: Legislator Ungermann noted that the County Comprehensive Plan includes getting to the point where the landfill is self-sustaining. Although the resolution increases fees for tag holders, tipping fees should also go up.

Legislator McCormick commented that the resolution increases the tag fee from $72 to $96 in order to cover landfill expenses. The funds have to be raised, if not by increased tag fees, then by an increase on the County tax bill. Increasing fees is the correct way.

Legislator Kruger pointed out that $96 is still only half what the user would pay to a contractor for pick up. We have to make the landfill operation closer to self-sustaining, which is difficult due to fuel costs alone. There isn’t much choice, other than to raise fees.

Legislator Dibble noted that many of our tax parcels have non-resident owners. The Public Works Committee is in the process of revamping the solid waste system, and fees should be left as they are until that has been completed.

Legislator Pullen pointed out that this resolution is an attempt to shift the payment of landfill operation costs to user-based fees instead of property taxes. Although we should look at increasing tipping fees also, this is the appropriate way to go.

Vice Chairman Dibble took control of the meeting to allow Chairman Crandall to speak on the landfill tag fee increase issue. Chairman Crandall did not support it. He supported an increase in tag fees only once during his tenure on the Board for the same reasons as cited by Legislator Ungermann. The landfill and its operation needs to be supported by its users, and it should be a user fee. Previously we considered a punch card, and eventually we may end up there. Public Works Committee Chairman Fanton is leaning in that direction, but we should have done it five years ago. Chairman Crandall agreed that fees should be raised, but this resolution doesn’t take it far enough, and not in the direction he’d like to see.

Legislator Fanton recommended that this increase in fees be considered an interim step. The County is going to be faced with different disposal problems at the landfill. Over the next year and a half, we need to arrive at a user fee that supports the landfill and its operation. We will probably end up with a punch card or bag fee, but in the meantime, we need to move forward with this proposal to take part of the burden off the taxpayers. The increase in fees should generate an additional $10,000 to $20,000. Legislator Fanton also noted that tipping fees were increased last year; they are alternating by year. The 2009 tipping fees were set earlier to allow the towns to establish their budgets. If we raised tipping fees now, it would impact town budgets.

RESOLUTION NO. 152-08

APPROVAL OF BOARD CHAIRMAN'S REAPPOINTMENT OF ONE MEMBER TO

THE CHAUTAUQUA, CATTARAUGUS, ALLEGANY, AND STEUBEN

SOUTHERN TIER EXTENSION RAILROAD AUTHORITY

Offered by: Public Works Committee

RESOLVED:

1. That Karl D. Kruger of Friendship, New York, is reappointed to the Chautauqua, Cattaraugus, Allegany, and Steuben Southern Tier Extension Railroad Authority, with term of office to commence August 28, 2008, and expire August 27, 2011.

Moved by: Mr. Fanton Adopted: Voice Vote

Seconded by: Mr. Hall

RESOLUTION NO. 153-08

ACCEPTANCE OF INCREASED FEDERAL AID TO

OFA-HIICAP APPROPRIATION AND REVENUE ACCOUNTS

Offered by: Human Services and Ways and Means Committees

RESOLVED:

1. That the sum of $13,142 in increased federal aid to OFA-HIICAP Appropriation and Revenue Accounts is accepted.

2. That the accepted sum of $13,142 is appropriated to Account No. A6782.4, with a like sum credited to Revenue Account No. A11.4772.06 .

Moved by: Mr. Truax Adopted: Roll Call

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

RESOLUTION NO. 154-08

ACCEPTANCE OF DONATIONS FROM

WELLSVILLE LIONS CLUB AND THE ALLEGANY SENIOR FOUNDATION; APPROPRIATION OF SAME TO OFA ACCOUNTS

Offered by: Human Services and Ways and Means Committees

RESOLVED:

1. That the sum of $510 from the Wellsville Lions Club and $4,500 from the Allegany Senior Foundation for OFA Accounts is accepted.

2. That the accepted sum of $5,010 is appropriated as follows: $510 to Account No. A6779.4 (OFA-SNAP – Contractual)), with a like sum credited to Revenue Account No. A09.2801.36 (Interfund Revenues – OFA-SNAP); and $4,500 to Account No. A6776.4 (OFA-Community Service for Elderly – Fees), with a like sum credited to Revenue Account No. A02.1972.09 (Departmental Income-OFA-Community Service for Elderly).

Moved by: Mr. Truax Adopted: Roll Call

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

(Memo: Regarding Resolution No. 155-08, the donation from Wellsville Lions Club will be used for Meals on Wheels, and the donation from the Allegany Senior Foundation will be used for Personal Emergency Response Systems [Lifelines].)

RESOLUTION NO. 155-08

APPROVAL OF TRANSPORTATION OF

PRESCHOOL CHILDREN WITH HANDICAPPING CONDITIONS

AGREEMENT WITH FRIENDSHIP CENTRAL SCHOOL DISTRICT AND

AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT

Offered by: Human Services Committee

WHEREAS, the Friendship School District has agreed to provide transportation for County preschool children with handicapping conditions, now, therefore, be it

RESOLVED:

1. That the Agreement titled “Agreement Concerning the Transportation of Preschool Children with Handicapping Conditions” for the period July 1, 2008 to June 30, 2009, with the Friendship Central School District is approved; the Chairman of this Board being authorized to execute such Agreement.

Moved by: Mr. Truax Adopted: Roll Call

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

(Memo: The transportation agreement approved by Resolution No. 156-08 is in addition to agreements with fourteen other school districts approved by Resolution No. 131-08 on July 28, 2008.)

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 Hopkins and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $3,105,384.66 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 $6,182,479.)

ADJOURNMENT: The meeting was adjourned at 3:00 p.m. following a motion made by Legislator Reynolds, seconded by Legislator Hall and carried.