ALLEGANY
REGULAR SESSION
MARCH 9, 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 United
States Army Captain Scott Golden.
INVOCATION: The
Invocation was given by Legislator Hopkins.
ROLL
CALL: 13 Present; 2 Absent (Legislators Reynolds
and Truax).
APPROVAL OF
MINUTES:
The Committee of the Whole meeting
minutes of February 13, 2009 were approved on a motion made by Legislator Fanton,
seconded by Legislator Hall and carried.
The Board meeting minutes of
February 23, 2009 were approved on a motion made by Legislator Pullen, seconded
by Legislator Dibble and carried.
The Committee of the Whole meeting
minutes of February 24, 2009 were approved on a motion made by Legislator McCormick,
seconded by Legislator Pullen and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a
certificate to Scott D. Golden, United States Army Captain, in grateful
appreciation of his service to our country.
Mr. Golden’s active service dates were from September 1996 through the
present. He spent most of last year with
a joint task force in
Chairman Crandall granted privilege
of the floor to Lisa Lee, Literacy Volunteers Executive Director, regarding
Career Day. This year marks the eighth
year of the Business Education Community Coalition (BECC) conducting Career Day,
which was originally started by J. Dennis Kirst. The event, organized through a lot of
volunteer effort, will be held on Thursday, March 18, at the
Privilege of the floor was also
granted to Dianne Baker, Cornell Cooperative Extension Executive Director, who
gave an overview of Cooperative Extension’s activities and what the County receives
in return for their investment. Last
year, contacts including phone calls, educational meetings, and print media
numbered in the tens of thousands for the major program areas of Youth
Representatives from the following
departments and agencies were present to answer questions regarding their 2008
Annual Reports: Office for the Aging,
Community Services, Coroners, Board of Elections, Emergency Services, Fire
Service, Health Department, Public Works, and Real Property Tax Service Agency.
Privilege of the floor was granted
to Legislator David Pullen who addressed the Board on Economic Recovery and
Reinvestment Act issues. Mr. Pullen
located a document, or handbook, on the Governor’s website that will aid in the
process of figuring how to get funds from the “greatest giveaway in history.” There are many different programs available
in
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
1. Copies
of the 2008 Annual Reports from the following departments and agencies were
distributed for review: Employment and
Training, Public Defender, Soil and Water Conservation District, STOP DWI
Program, Veterans’ Service Agency, Workers’ Compensation, and Youth Bureau. Representatives will be present at the next
Board meeting to answer questions regarding those reports.
2. The
Real Property Tax Service Agency Director filed a copy of the County-wide
Collaborative Assessing Considerations for Allegany County Study in the Clerk
of the Board’s Office on February 18, 2009.
3. The
County Treasurer filed a Certificate of Withdrawal of Delinquent Tax Lien in
the Clerk of the Board’s Office on February 26, 2009 for property in the Town
of
4. Notice
was received for the next
5. Town
of Grove Resolution No. 1-09 and Northeast Allegany County Coalition Resolution
No. 09-01, Seeking Assistance and Support from Government Representatives to
Provide the Emphasis and Incentives to Verizon Communications to Provide Vital
Technological Services, were received.
6. Correspondence
was received from the Northeast Allegany County Coalition supporting and
recommending having the Greater Allegany County Chamber coordinate tourism.
7. Correspondence
was received from the Allegany County Dairy Princess inviting Legislators to
attend the 45th Annual Dairy Princess Pageant on April 4, 2009.
PROCLAMATION:
Chairman Crandall
proclaimed March 19, 2009, as the 8th Annual Career Day in
RESOLUTIONS:
Prior
to consideration of Resolution Intro. No. 51-09 (Requesting State Legislative
Representatives to Introduce and Seek Passage of Legislation Authorizing
Allegany County to Continue the Additional One and One-Half Percent County
Sales Tax for Three Years), Legislator Dibble, Majority Leader, requested a Republican
Caucus at 2:35 p.m. Following the
caucus, Chairman Crandall reconvened the meeting at 2:40 p.m.
RESOLUTION
NO. 46-09
REQUESTING STATE LEGISLATIVE
REPRESENTATIVES TO
INTRODUCE AND SEEK PASSAGE
OF LEGISLATION
AUTHORIZING
ONE AND ONE-HALF PERCENT
COUNTY SALES TAX FOR THREE YEARS
Offered by: Ways and Means Committee
WHEREAS, the only two substantial tax revenues available to
WHEREAS,
WHEREAS, by Chapter 121 of the 2007 Laws of the State of New York, the County of
Allegany was authorized to impose an additional one and one-half percent sales
tax for the period December 1, 2007 to November 30, 2009, and
WHEREAS, by Resolution No. 170-07, such additional sales tax was imposed for such
period, and
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS, in the current economic condition of Allegany County any substantial
increase in real property taxes would put in financial jeopardy the County's
large percentage of senior citizens with fixed incomes who would have no choice
but to pay such taxes out of such fixed incomes, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of
Legislators requests our State legislative representatives to introduce and
seek passage, in the State Senate and Assembly, legislation to authorize Allegany
County to continue its additional one and one-half percent County sales tax for
at least the period December 1, 2009 to November 30, 2012.
2. That the Clerk of this Board is
directed to send certified copies of this resolution to Senator Catharine M.
Young and Assembly members Daniel J. Burling and Joseph M. Giglio.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Hall 9
Ayes, 4 Noes, 2 Absent
Voting
No: Kruger, McCormick, Russo, Ungermann
(Memo: Resolution No. 46-09 is the first step in the
process to continue the additional one and one-half percent County sales tax
beyond the November 30, 2009 expiration date as set forth in Resolution No.
170-07. Based on sales tax revenue
receipts of $18,240,275 for 2008, the additional one and one-half percent sales
tax resulted in $6,080,092 revenue.)
Comments made regarding Resolution No. 46-09:
Legislator Kruger objected to the use of a caucus
to discuss the vote on a pending resolution, and stated that it was one more
reason for his non-support of continuing the additional one and one-half
percent sales tax.
Legislator Ungermann did not support the
additional sales tax because of the half percent competitive disadvantage with our
neighboring counties.
Legislator McCormick noted that a lot of focus
is given to manufacturing and agriculture in our County, but we need to look at
the retail sector also. Restaurants and
small stores are at a disadvantage in this County. It’s important to note that if we lose that
retail sale to another county, we not only lose the .5 percent, but also the 4
percent sales tax, so we are actually losing more than gaining. Mr. McCormick suggested going back to the
level where neighboring counties are, and compete on a level playing
field. If that doesn’t work, we could
always implement the additional tax later.
Legislator Fanton questioned if a calculation
was done for the potential property tax increase that would be needed if the
additional sales tax is voted down.
Legislator Russo commented that his problem
with the resolution was the same as Legislator Ungermann’s. When the Court Facilities Project bond issue
came up, he was under the impression that decisions would be made on
eliminating some non-mandated program expenses.
Mr. Russo also referred to past comments made by Mr. Ungermann about our
County’s numerous tax exemptions. No
effort is being made to reduce the cost of running government; if it was, then
maybe he could support this.
RESOLUTION
NO. 47-09
AUTHORIZING
Offered by:
Ways and Means Committee
Pursuant to General Municipal Law § (2) (f)
WHEREAS, effective January 1, 2009, the
General Municipal Law requires that the procurement policies and procedures of
each political subdivision and district identify an individual or individuals
responsible for purchasing, now, therefore, be it
RESOLVED:
1. That
this Board of Legislators hereby appoints the Allegany County Administrator as
the individual responsible for the purchasing for
2. This resolution shall take effect
immediately.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Dibble 13
Ayes, 0 Noes, 2 Absent
RESOLUTION
NO. 48-09
CHANGING LOCATION AND DATE OF
JULY 27, 2009 REGULAR BOARD MEETING
Offered by:
Ways and Means Committee
RESOLVED:
1. Notwithstanding Rule 110.A. of County
Board Rules, the second regular meeting of this Board in the month of July 2009
shall be held on July 22, 2009 at 2:00 PM and not on July 27, 2009 at 2:00 PM.
2. Notwithstanding Rule 110.F. of County
Board Rules, the second regular Board meeting for July 2009 shall be held at
the Allegany County Fairgrounds, Angelica, New York and not at the Board
Chambers in Belmont, New York.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Fanton 13
Ayes, 0 Noes, 2 Absent
(Memo: Regarding Resolution No. 48-09, changing the
date and location of a Board meeting to coincide with the Allegany County Fair
not only creates a historical event, but it also provides an opportunity for
our youth and citizens to observe and participate in local government.)
A motion was made by
Legislator Hopkins, seconded by Legislator Kruger and carried to amend
Resolution Intro. No. 54-09 (Sale of Tax Lands in the
RESOLUTION
NO. 49-09
Offered by: Ways and Means Committee
WHEREAS, Jeffery M. Wolf, 11 West Main Street, Friendship, New York
14739 has agreed to Terms of Sale and offered the sum of $1.00 plus the
clean-up of the property within one year for a deed of the County's interest in
premises formerly assessed on the tax rolls to Christopher M. Bilby and
described as follows:
ALL
THAT LOT, PIECE OR PARCEL OF LAND situate in Town of Friendship, County of Allegany and State of New York,
described as follows, viz: 12 West Main
Street 27.20’ x 110.00’ Class Code 481 Tax Map No. 182.12-2-8, and
WHEREAS, the Village of Almond, (No Street or Number) P. O. Box 239, Almond, New
York 14804 has agreed to Terms of Sale and offered the sum of $1.00 plus
current year’s tax for a deed of the County's interest in premises formerly
assessed on the tax rolls to Charles Henderson and described as follows:
ALL
THAT LOT, PIECE OR PARCEL OF LAND situate in Village of Almond, County of Allegany and State of New York,
described as follows, viz: Canacadea
St 1.70 Acres Class Code 311 Tax Map No.
126.11-1-19, and
WHEREAS, the Ways and Means Committee believes that the Terms of Sale and the
above sums offered are fair and reasonable and the best that can be obtained
under the circumstances and that the sales will be advantageous to the County,
now, therefore, be it
RESOLVED:
1. That such agreed to Terms of Sale and
monetary offers are accepted and the Chairman of this Board is authorized and
directed to execute on behalf of the County of Allegany and to cause to deliver
to such purchasers a quit claim deed of the County's interest in such premises,
and to attach to such deeds the official seal; all upon satisfaction of the
Terms of Sale and full payment to the County Treasurer of the monetary offers.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Pullen 13
Ayes, 0 Noes, 2 Absent
(Memo: Regarding Resolution No. 49-09, the bidder on
the Friendship property plans to demolish the building that was destroyed in
the December fire and clean up the site.
The Almond property was purchased via a municipal offer for a planned
water tower installation.)
RESOLUTION
NO. 50-09
A RESOLUTION DETERMINING THAT ERRORS EXIST
ON THE
2008 AND 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
Alfred 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. Palmer, David C. & Aurora L.: Parcel 152.-1-41
Assessment: Land $68,800 Total $68,800
this parcel is a duplicate parcel and should have been deleted from the
Tax Roll, and the
|
|
$45.44 |
|
Town |
16.49 |
|
Fire |
1.59 |
|
Alfred Fire Hyd. |
.14 |
|
Total |
$63.66 |
5. That
the Tax Collector of the Town of Angelica 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. Benson,
Assessment: Land $700 Total $700
this parcel should have been deleted from the Tax Roll, and the
|
|
$10.71 |
|
Town |
2.31 |
|
|
|
|
|
|
|
Total |
$13.02 |
6. That
the Tax Collector of the Town of Belfast 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. Cole, Monica & David: Parcel 118.-1-12.2
Assessment: Land $12,000 Total $12,000
this parcel is a duplicate parcel and should have been deleted from the
Tax Roll, and the
|
|
$205.24 |
|
Town |
149.41 |
|
|
|
|
|
|
|
Total |
$354.65 |
b. Crandall, Donald W., Etal.: Parcel 144.-1-3.3
Assessment: Land $21,200 Total $21,200
this is a duplicate parcel and should not have been taxed, and the
|
|
$362.58 |
|
Town |
263.96 |
|
Fire |
23.33 |
|
Total |
$649.87 |
7. That
the Tax Collector of the Town of Willing is ordered and directed to correct in
the 2008 and 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. Collins, Lana M.: Parcel 265.2-1-23; Parcel 265.2-1-22
Assessment: Land $400 Total $400; Assessment: Land $3,900 Total $3,900
these parcels should have been deleted from the Tax Roll, and the
|
|
$5.98 |
$58.35 |
|
Town |
2.18 |
21.26 |
|
Fire |
.34 |
3.27 |
|
School Relevy |
10.22 |
99.65 |
|
Total |
$18.72 |
$182.53 |
b. Collins, Lana M.: Parcel 265.2-1-22; Parcel 265.2-1-23
Assessment: Land $3,900 Total $3,900; Assessment: Land $400 Total $400
these parcels were combined with another and should have been deleted
from the Tax Roll, and the
|
|
$59.39 |
$6.09 |
|
Town |
21.77 |
2.23 |
|
Fire |
3.27 |
.34 |
|
School Relevy |
99.45 |
10.20 |
|
Total |
$183.88 |
$18.86 |
8. That
the Tax Collector of the Town of Willing 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. Fanton, James R. Parcel 265.-1-12.21
Assessment: Land $6,900 Total $6,900
this parcel was a duplicate parcel and should have been deleted from the
Tax Roll, and the
|
|
$57.87 |
|
Town |
21.21 |
|
Fire |
5.79 |
|
Total |
$84.87 |
9. 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.
10. 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. Hopkins Adopted: Roll Call
Seconded by: Mr. Hall 13
Ayes, 0 Noes, 2 Absent
RESOLUTION
NO. 51-09
TRANSFER OF FUNDS WITHIN
HISTORIAN ACCOUNT
Offered by:
Ways and Means Committee
RESOLVED:
1. That the sum of $259 is transferred
from Account No. A7510.4 (
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Fanton 13
Ayes, 0 Noes, 2 Absent
RESOLUTION
NO. 52-09
APPROVAL OF AGREEMENT BETWEEN
THE
THE GREATER ALLEGANY
AUTHORIZING BOARD CHAIRMAN TO
EXECUTE SAID AGREEMENT
Offered by:
Ways and Means Committee
RESOLVED:
1. That Agreement between the
2. That the Chairman of this Board is
authorized to execute said Agreement.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Pullen 12
Ayes, 1 No, 2 Absent
Voting
No: O’Grady
Comments made regarding Resolution No. 52-09:
Legislator O’Grady stated that he agreed with the
concept of the resolution, but also agreed with Mr. Russo’s and Mr. Ungermann’s
earlier comments on spending. The cost
of the agreement is $40,000 more than current expenses. In two years we’ll be dealing with a 3.5
percent tax increase at the minimum just to support the Court Facilities
Project bond pay back, as well as a yearly increase of at least one-half
percent for the Crossroads issue and an unknown total for the Court Street
property purchases. We still don’t know the
final state budget cut figures, but we already have seen a $15,000 cut to Office
for the Aging. Mr. O’Grady would support
the Tourism agreement if the annual fee was the same as we’re currently paying. Some say we will recoup the expense through
increased sales tax, which may be possible, but there’s no guarantee.
Legislator Ungermann felt the Tourism
agreement was an investment in the future of
Legislator Kruger supported the agreement, but
would expect some type of report next year to indicate that it was a wise
investment. Mr. Kruger noted that this Board
as a whole has been proactive in investing in the County’s future and looking
for projects that would put the County into a better position.
Legislator Pullen also agreed that this is one
situation where we have to get the County moving. He was impressed with the Greater Allegany
County Chamber of Commerce’s presentation to the Ways and Means Committee, and
he believes this is one program that will generate dividends and enable us to
get grants to strengthen our position.
Resolution Intro. No. 58-09 (Resolution Requesting Governor Paterson to Authorize the Funding of a Previous Award of State Monies to the Allegany County Office for the Aging) was not pre-filed and was considered from the floor on a motion made by Legislator Dibble, seconded by Legislator Kruger and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION
NO. 53-09
RESOLUTION REQUESTING GOVERNOR
PATERSON TO AUTHORIZE
THE FUNDING OF A PREVIOUS
AWARD OF STATE MONIES TO
THE ALLEGANY
Offered by:
Legislator David Pullen
WHEREAS, the Allegany County Office for the Aging had previously submitted
a grant proposal for Fifteen Thousand Dollars ($15,000) to assist in purchasing
“blizzard boxes” and providing respite care to at-risk senior citizens in
Allegany County, and
WHEREAS, the Office for the Aging had been notified that the
funding was approved as part of Senator Catharine M. Young’s “member initiative,” and
WHEREAS,
a similar request had been made and funded as a “member initiative” for the
last several years, and
WHEREAS,
based upon the notice of award, the Office for the Aging has already expended
$4,684.29 to purchase and distribute “blizzard boxes,” and
WHEREAS,
provision of these “blizzard boxes” is critical for assuring that our senior
“shut-ins” are not without food during extended periods of inclement weather,
and
WHEREAS,
without the provision of adequate food via the “meals on wheels” program and
the emergency “blizzard boxes” many of our senior “shut-ins” who reside in
remote rural regions would need to enter nursing homes in order to assure that
their basic nutritional needs are met, and
WHEREAS,
the provision of “respite care” provides an opportunity for live-in caretakers,
consisting of family members and friends, to be spelled off so that they can
take care of their own urgent business, such as personal medical care and
doctor appointments, and
WHEREAS,
without the ability of these live-in caretakers to be spelled off, those under
their care would likely need nursing home care, and
WHEREAS,
the cost of nursing home care is a major financial burden that is borne by both
the state and the county through the provision of Medicaid when sufficient
private resources are unavailable, and
WHEREAS,
a large proportion of our senior population lives below the poverty guidelines,
and
WHEREAS,
through the careful stewardship of these grant dollars, it is believed that the
Allegany County Office for the Aging has saved the State of New York
substantial sums of money well in excess of any grant funds paid out by
preventing the necessity for nursing home care, and
WHEREAS,
allowing our senior citizens to remain at home not only saves taxpayer dollars,
but greatly enhances their quality of life and the lives of their neighbors,
and
WHEREAS,
in recognition of the state’s critical financial situation as well as
RESOLVED:
1. That the Allegany County Board of
Legislators requests that Governor David A. Paterson authorize the funding of
the sum of Fifteen Thousand Dollars heretofore budgeted as a “member
initiative” to assist the Allegany County Office for the Aging in providing
“blizzard boxes” and respite care.
2. That certified copies of this
resolution shall be forwarded to New York State Governor David A. Paterson,
Director of the New York State Office for the Aging Michael J. Burgess, Senator
Catharine M. Young, Assemblyman Joseph M. Giglio, Assemblyman Daniel Burling,
and Governor Paterson’s local representative, Tom Carpenter.
Moved by: Mr. Pullen Adopted: Roll Call
Seconded by: Mr. Kruger 13
Ayes, 0 Noes, 2 Absent
Comments made regarding Resolution No. 53-09:
Legislator Pullen noted that he learned of the
referenced funding cancellation last week.
Office for the Aging Director Kimberley Toot heard from State Senator Cathy
Young that funding assigned as a member item and already allocated and spent
was now being cancelled. Mr. Pullen felt
that every Legislator could support this resolution, as these are some of our
most vulnerable residents. Chairman
Crandall commented that the resolution could be approved by a voice vote, but
requested a roll call vote as a show of support.
AUDITS:
A motion was made by
Legislator O’Grady, seconded by Legislator Fanton and carried, that the audits
be acted upon collectively and by totals.
A motion was made by
Legislator Hopkins, seconded by Legislator Pullen and adopted on a roll call
vote of 13 Ayes, 0 Noes, 2 Absent, that the audit of claims, totaling $4,411,214.61
including prepaid expenses, be approved for payment as recommended by the
County Administrator. (
ADJOURNMENT: The meeting was adjourned at 3:12 p.m. on a motion made by Legislator Kruger,
seconded by Legislator Pullen and carried.