ALLEGANY
REGULAR SESSION
JULY 13, 2009
** APPROVED **
CALL
TO ORDER: The regular meeting of the Board of
Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE
OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Jack
Swetland, former United States Navy Mess Management Chief.
INVOCATION: The
Invocation was given by Legislator Reynolds.
ROLL
CALL: 14 Present; 1 Absent (Legislator Pullen).
APPROVAL OF
MINUTES:
The Board meeting minutes of June 8,
2009 were approved on a motion made by Legislator Dibble, seconded by
Legislator Truax and carried.
The Board meeting minutes of June
22, 2009 were approved on a motion made by Legislator Fanton, seconded by
Legislator Dibble and carried. Legislator
Ungermann commented on action taken at
that meeting on the purchase of properties for parking needs resulting from the
Court facility project. He distributed
copies of correspondence from the Department of Environmental Conservation
raising issues with riverbank erosion, widening the access road, and the
segmented SEQR process. Mr. Ungermann
questioned whether everything was in order, as the DEC doesn’t feel that it is. Chairman Crandall noted that the
PRIVILEGE OF
THE FLOOR:
Chairman
Crandall presented a certificate to Jack Swetland, former United States Navy
Mess Management Chief, in grateful appreciation of his service to our Country. Mr. Swetland’s service dates were from June
1974 to June 1994. Following
Chairman
Crandall granted privilege of the floor to County Administrator/Budget Officer
John Margeson for presentation of the 2008 Year-End Financial Report:
2008
Budgeted Appropriations vs. Actual Expenses: Surplus
of $5.25 million
2008
Budgeted Revenues vs. Actual Revenues: Surplus
of $1.19 million
Total Net Gain: $6.44
million
Areas where 2008 Spending Exceeded the Budget: (For comparison, 2007 figures are shown in
parentheses)
Jail $345,000
(2007 - deficit of $756,000)
Assigned Counsel $129,000 (2007 - deficit of $ 92,000)
Public Transportation $
85,000 (2007 - deficit of $383,000)
Community College $
73,000 (2007 - deficit of $
61,000)
Areas where 2008 Revenues Exceeded the Budget:
Housing of
Out-of-County Inmates $ 951,000
Sales Tax $ 900,000
Areas of Expense Budgetary Savings:
Department of Social
Services $2,385,000
Public Health – Nursing $1,193,000
Reduced General Fund Costs from
2007:
Employee Health
Insurance $1,004,000
General Fund Expenditures and Revenues, including Fiscal Year Gain/(Loss),
were compared for the eight-year period of 2001 through 2008. Net losses were experienced in the first
three years: 2001 – ($0.3 million), 2002
– ($6.8 million), and 2003 – ($2.8 million).
Financial gains occurred from 2004 through 2008 in the following
amounts: 2004 - $0.7 million, 2005 -
$2.72 million, 2006 - $1.18 million, 2007 - $2.42 million, and 2008 - $6.4
million.
Unreserved Fund Balance at year end for each of those eight years: 2001 - $1.5 million, 2002 – ($2.9 million), 2003
– ($3.8 million), 2004 – ($3.6 million), 2005 – ($0.9 million), 2006 - $0.1
million, 2007 - $2.9 million, and 2008 - $9.3 million.
The actual percentages of each area of the 2008 General Fund for
expenditures and revenue were illustrated.
Mr. Margeson commented that this was
the best year-end financial report he remembered, with the next closest being
1990 when the County ended the year with $8 million in unreserved fund
balance. Chairman Crandall asked how
this would affect the County’s bond rating for future borrowing. Mr. Margeson replied that it should improve,
and we should know if it will be going up sometime after Moody representatives
visit and interview in August.
Legislator Reynolds questioned the reason for the large surplus. Mr. Margeson noted that a lot of it resulted
from budgeting funds for HEAP prior to finding out that the state took over the
payments. Legislator Ungermann asked
about the sales tax revenue projections for 2009. Mr. Margeson reported that $18.5 million was
budgeted, but he felt we would only achieve between $17.5 and $17.8 million. Mr. Margeson also noted that he was informed
by the State Comptroller that the State Retirement Fund contribution by
municipalities is projected to increase in 2010 and 2011 to the point where the
cost may triple over the current obligation.
That payment is budgeted at $1.6 million now, and it’s anticipated to
increase to $4.8 million. Legislator
Russo questioned if the retirement fund increase was due to the stock market
situation, and Mr. Margeson replied that it was. Legislator Hall recognized the efforts of
department heads and other agencies that helped to contribute to the healthy 2008
financial situation. Legislator
McCormick asked about the independent audit.
County
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Report of Intrafund Transfers Approved
by the
2. Report of Tax Bill Corrections Approved
by the
3. Report of the Allegany County
Comprehensive Plan Implementation Group dated July 1, 2009.
The
following communications were also acknowledged:
1. The County
2. The Town of Amity filed their
Comprehensive Plan in the Clerk of the Board’s Office, and the original
document was forwarded to the
3. NYMIR’s 2008 Annual Report.
4. Correspondence from Joseph Rabito,
Deputy Commissioner of the Office of Community Renewal, stating that the
Friendship Route 275 Backup Generator Project did not receive funding under the
NYS CDBG-R; however, the project may qualify for funding under the annual CDBG
Program administered by the Office of Community Renewal if Friendship wishes to
pursue it.
5. Invitation for
6. Southern Tier West Regional Planning
and
7. Correspondence from Assemblyman Daniel
Burling regarding the Sitewide Removal Alternative in Revised Draft
Environmental Impact Statement for Decommissioning at West Valley Demonstration
Project and Western New York Nuclear Service Center. This correspondence was in response to Resolution
No. 97-09 in which
APPOINTMENTS:
Chairman
Curtis W. Crandall, in a joint measure with Crystal Abers, Chairman of the
Cattaraugus County Board of Legislators, appointed Karen Knight to fill the
unexpired three-year term of Jason Huffman ending December 31, 2010, and appointed
Bob Halady to fill the unexpired three-year term of Susan Piper ending December
31, 2010, on the CATTARAUGUS-ALLEGANY
WORKFORCE INVESTMENT BOARD.
Chairman
Curtis W. Crandall reappointed David T. Pullen of
RESOLUTIONS:
Resolution Intro. No.
123-09 (Designation of Depositories and Establishing Maximum Deposit Amounts;
Repealing Resolution No. 227-03) was amended on a motion made by Legislator
Hopkins, seconded by Legislator Reynolds and carried, by correcting the name of
one of the depositories from First Tier Bank and Trust to Five Star Bank and
Trust.
RESOLUTION
NO. 113-09
DESIGNATION OF DEPOSITORIES
AND ESTABLISHING MAXIMUM
DEPOSIT AMOUNTS;
REPEALING RESOLUTION NO.
227-03
Offered by:
Ways and Means Committee
Pursuant to
RESOLVED:
1. That the following named entities
within Allegany County are designated depositories for the deposit of public
funds, the disposition of which is not otherwise provided for by law, received
by the County
Community Bank of
Steuben Trust Company $18,000,000
Five Star Bank and
Trust $18,000,000
JP Morgan Chase $18,000,000
2. That Resolution No. 227-03 is repealed.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 114-09
A RESOLUTION DETERMINING THAT ERRORS EXIST
ON
THE 2009 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
Wellsville is ordered and directed to correct in the 2009 County and Town Tax
Roll the assessment or taxes, or both, of the property assessed to the
following taxpayer and described as follows:
a. Macauley, Jacqueline; Parcel 252.-1-80./3
Assessment: Land $7,500 Total $7,500
this is a duplicate parcel and should have been removed from the tax roll,
and the
Town 50.65
School Relevy 3.21
Total $114.46
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
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 115-09
TRANSFER OF FUNDS FROM
CONTINGENT ACCOUNT TO
OFFICE OF DEVELOPMENT
CONTRACTUAL EXPENSES
Offered by: Ways and Means Committee
RESOLVED:
1. That
the sum of $10,000 is transferred from Account No. A1990.4 (Contingent) to
Account No. A6430.4 (
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Truax 13
Ayes, 1 No, 1 Absent Voting No: Ungermann
Comments made regarding Resolution No. 115-09
included: Legislator Ungermann
questioned if the state had reauthorized the Empire Zone Program yet. Friendship Empire Zone Director Wendall Brown
responded that the program is due to sunset in June of 2010. No state funding has been approved; the
program is operating entirely through local funding for this next year, which
runs April 2009 through June 2010. The
office wouldn’t be able to remain open without the supplemental funding.
RESOLUTION
NO. 116-09
TRANSFER OF FUNDS WITHIN
EMPLOYMENT AND TRAINING
APPROPRIATION ACCOUNTS
Offered by:
Ways and Means Committee
RESOLVED:
1. That the transfer of the following
appropriations is approved:
Appropriations
From: To: Amount:
CD16403.101 CD16406.101 6,000.00
CD16403.802 CD16406.802 3,000.00
CD16403.474 CD16407.475 9,000.00
CD16414.101 CD16406.101 9,600.00
CD16414.806 CD16406.806 3,000.00
CD16414.474 CD16407.474 3,500.00
CD16414.475 CD16401.475 3,600.00
CD16415.101 CD16406.101 7,000.00
CD16415.806 CD16406.806 2,600.00
Total $47,300.00
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hall 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 117-09
Resolution
EXTENDING AN EXISTING AGREEMENT
BETWEEN
THE
THE
ALLEGANY
CONCERNING
THE
Offered by: Ways and Means Committee
WHEREAS, this Board by Resolution No. 133-08 authorized the County
to provide temporary funding to the District to perform mitigation of stream
bank erosion of the
RESOLVED:
1. That the
extension of the original Agreement between the
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 12
Ayes, 2 Noes, 1 Absent Voting No: Burdick, O’Grady
(Memo: Regarding Resolution No. 117-09, the
additional work to be completed in 2009 will total approximately $165,000,
which will be reimbursed by FEMA.)
AUDITS:
A motion was made by
Legislator Truax, seconded by Legislator Reynolds and carried, that the audits
be acted upon collectively and by totals.
A motion was made by
Legislator Truax, seconded by Legislator Fanton and adopted on a roll call vote
of 11 Ayes, 3 Noes, 1 Absent, that the audit of claims, totaling $4,365,602
including prepaid expenses, be approved for payment as recommended by the
County Administrator. (
ADJOURNMENT: The meeting was adjourned at 2:50 p.m. on a motion made by Legislator
Truax, seconded by Legislator Dibble and carried.