ALLEGANY
REGULAR SESSION
APRIL 12, 2010
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 former
United States Army First Sergeant Alfred Roliczek.
INVOCATION: The
Invocation was given by Legislator Pullen.
ROLL
CALL: 15 Present; 0 Absent.
APPROVAL OF
MINUTES:
The Board meeting minutes of March
22, 2010, were approved on a motion made by Legislator Hopkins, seconded by
Legislator Sinclair and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a certificate
to Alfred Roliczek, former United States Army First Sergeant, in grateful
appreciation of his service to our Country.
Mr. Roliczek’s service dates were from August 1968 to March 1971 as an
Army Medic in
Chairman Crandall granted privilege
of the floor to the following:
District
Attorney Terrence Parker and Crime Victims Coordinator Shannon Ozzella spoke
about April’s designation as Child Abuse Awareness Month. As an advocate for victims of crime, their
office sees a lot of crimes against children.
Lynne
Palmiere and
Representatives
from the following departments and agencies were present to answer questions
regarding their 2009 Annual Reports: Soil
& Water Conservation District, Parks & Forests, Weights & Measures,
Information Technology,
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Allegany County Board Rules.
2. Report of Tax Bill Corrections approved
by the
3. Report of Intrafund Transfers approved
by the
4. 2009
Annual Reports for review: Social
Services, Development, Planning Board, Tourism, Industrial Development Agency,
and
The
following communications were also acknowledged:
1. Notice of next InterCounty meeting to
be hosted by
2. Correspondence from the Amity Rescue
Squad thanking the Board for their donation in memory of Robert Graham.
3. Correspondence from the family of
Robert McCormick thanking the Board for their donation to Hospice in memory of
Mr. McCormick.
4. Correspondence from the Allegany County
Citizens for Responsible Government regarding the removal of trees from the front
lawn of the Courthouse, as well as Chairman Crandall’s response to that letter.
5. Southern Tier West Regional Planning
& Development Board meeting minutes from February 18 and meeting
announcement for April 15, 2010.
APPOINTMENTS:
The
Clerk of the Board announced that Chairman Crandall has reappointed John E.
Margeson of Scio, New York, and Jerry Scott of Cuba, New York, as members of
the SOUTHERN TIER WEST REGIONAL PLANNING
& DEVELOPMENT BOARD for a three-year term commencing June 1, 2010, and
expiring May 31, 2013, subject to confirmation by the Board of
PROCLAMATIONS:
Chairman
Crandall proclaimed April 16, 2010, as Healthcare Decisions Day in
Chairman
Crandall proclaimed April 18 through 24, 2010, as Crime Victims’ Rights Week in
Allegany County to raise awareness of victims' rights and promote fairness,
dignity, and respect by ensuring that all victims are afforded their legal
rights and provided with assistance as they face the financial, physical, and
psychological impact of crime.
RESOLUTIONS:
Resolution Intro. No.
77-10 (Supporting S6962 to Repeal Cost Recovery Assessment Imposed by
RESOLUTION
NO. 77-10
SUPPORTING S6962 TO
REPEAL COST RECOVERY ASSESSMENT IMPOSED BY
Offered by: Ways and Means Committee
Pursuant to Section 153 of the
WHEREAS, the primary mission of local
Industrial Development Agencies (IDAs) is the creation and retention of jobs
for New York’s residents, through innovative, locally-driven and developed
programs to make counties and local communities better places in which to
invest, grow productive business enterprises, and create better business
atmospheres to generate new economic activity, job creation, and tax revenue
producers, and
WHEREAS, the 2009-2010 state budget
contained a statewide “cost recovery” assessment of $5 million to “reimburse to
New York State an allocable share of state governmental costs attributable to
the provision of services to industrial development agencies,” and
WHEREAS, the New York State Department
of Taxation and Finance has sent assessment letters to IDAs in the state, for
amounts corresponding to approximately 4.7 percent of the gross revenue
received by an IDA in the 2008 calendar year, payable by March 31, 2010, which
in the case of Allegany County Industrial Development Agency (ACIDA) is in the
amount of $15,045, and
WHEREAS, the assessments received by
local IDAs were received long after local IDA budgets were developed and
implemented, without the inclusion of this new unanticipated assessment in
their adopted budgets, and
WHEREAS, the revenue received by IDAs
subject to this assessment may include payments in lieu of taxes collected for
local governments and school districts, state and federal grants, loan
repayments on revolving loans, interest earned on revolving loan funds, and
tenant reimbursements, and
WHEREAS, imposing a state gross
receipts assessment on revenues from 2008 that include tax generated resources
from the state and federal governments is redundant, punitive, and will lead to
these resources and those appropriated by counties for local job creation to be
used instead to help bail out the state, and
WHEREAS, S6962 has been introduced to
repeal the cost recovery assessment contained in New York State Public
Authorities Law Section 2975-a, now, therefore, be it
RESOLVED:
1. That
the Allegany County Board of Legislators hereby opposes the imposition of the
new tax on the gross revenues of local IDAs as a means to help eliminate the
state budget deficit, and calls upon the State Legislature to enact S6962 and
its companion bill in the State Assembly to repeal this assessment.
2. That the Clerk of this Board is hereby
directed to forward a certified copy of this resolution to Governor Paterson,
Assembly Speaker Silver, Senate Majority Leader Espada, Senator Young, Assembly
Members Giglio and Burling, the New York State Association of Counties, and the
Western New York InterCounty Association.
Moved by: Mr. Hopkins Adopted: Voice Vote
Seconded by: Mr. Fanton
Comments made
regarding Resolution No. 77-10 included the following:
Chairman Crandall noted that the state
legislation referred to has already been abolished, but the resolution should
still be sent forward.
Legislator Ungermann commented that the
legislation was statewide, so each IDA received the assessment. As a business man, Mr. Ungermann noted that
he gets assessments all the time from the state, and he has to pay them. If the state is going to assess someone, it
should be done across the board, not just the private individuals. Mr. Ungermann also stated that one thing that
bothers him about the IDA is that he doesn’t see anywhere in their mission
statement where they should be constructing buildings and leasing them back to
the County. That doesn’t create jobs,
other than a few construction jobs. Mr.
Ungermann opposed approval of the resolution.
Legislator
RESOLUTION
NO. 78-10
APPROVAL OF BOARD CHAIRMAN’S
APPOINTMENT AND REAPPOINTMENT OF
ONE MEMBER TO SOUTHERN TIER
WEST REGIONAL PLANNING AND DEVELOPMENT BOARD
Offered by: Planning and Economic Development Committee
Pursuant to Resolution No. 35-68,
as amended by Resolution No. 93-75
RESOLVED:
1. That the appointment by the Chairman of
this Board of Frederick Sinclair of Scio, New York, as member of the Southern
Tier West Regional Planning and Development Board, to fill unexpired three-year
term of Brent Reynolds ending May 31, 2010, is approved.
2. That the reappointment by the Chairman
of this Board of Frederick Sinclair of Scio, New York, as member of the
Southern Tier West Regional Planning and Development Board, with term of office
commencing June 1, 2010, and expiring May 31, 2013, is approved.
Moved by: Mr. Pullen Adopted: Voice Vote
Seconded by: Mr. McGraw
RESOLUTION
NO. 79-10
A RESOLUTION DETERMINING THAT ERRORS EXIST
ON THE
2009 AND 2010 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
Amity is ordered and directed to correct in the 2010 County and Town Tax Roll
the assessment or taxes, or both, of the property assessed to the following
taxpayer and described as follows:
a. Blade, Christopher T., Sr. & Blade,
Ezora J.; Parcel 197.-1-5.11
Assessment: Land $11,900 Total $11,900
this parcel was split and should be deleted from the Tax Roll, and the
Town 139.21
Fire 16.32
School
Relevy 281.71
Total $687.22
b. Cowan, Richard S.; Parcel 198.-1-9.162
Assessment: Land $14,200 Total $14,200
this parcel was combined and should be deleted from the Tax Roll, and
the
Town 67.78
Fire 19.48
School
Relevy 199.64
Total $408.61
5. That
the Tax Collector of the Town of Andover is ordered and directed to correct in
the 2009 and 2010 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 $23,200 Total $23,200
this parcel should be in Roll 8 and wholly exempt, and the
Town 141.01
School
Relevy 701.87
Total $1,198.36
b.
Assessment: Land $60,000 Total $60,000
this parcel should be in Roll 8 and wholly exempt, and the
Town 367.06
Village
Relevy 1,813.41
School
Relevy 977.88
Total $4,162.25
6. That
the Tax Collector of the Town of Belfast is ordered and directed to correct in
the 2010 County and Town Tax Roll the assessment or taxes, or both, of the
property assessed to the following taxpayer and described as follows:
a. Amish School/Enos Yoder; Parcel
129.-1-12.5
Assessment: Land $11,000 Total $11,000
this parcel is wholly exempt, and the County Treasurer is directed to
make the following charges on her books:
Fire $12.07
Total $12.07
b. Belfast School District; Parcel
105.1-1-33
Assessment: Land $3,734,800 Total $3,734,800
the Fire District does not apply, and the County Treasurer is directed
to make the following charges on her books:
Fire $4,097.38
Total $4,097.38
7. That
the Tax Collector of the Town of Genesee is ordered and directed to correct in
the 2009 and 2010 County and Town Tax Roll the assessment or taxes, or both, of
the property assessed to the following taxpayer and described as follows:
a. Anzivine, Lawrence; Parcel 297.-1-31.1
Assessment: Land $10,000 Total $10,000
this parcel was deleted from the tax roll and should not be taxed, and
the County Treasurer is directed to make the following refunds:
2009-2010 2010
School
Allegany
County $157.45
Town 88.74
Fire 13.80
School $168.19
Library 2.62
Total $170.81 $259.99
b. Arigoni, Kathleen & James; Parcel
283.-1-28.4
Assessment: Land $4,600 Total $4,600
this parcel was deleted from the tax roll and should not be taxed, and
the County Treasurer is directed to make the following refunds:
2009-2010 2010
School
Allegany
County $72.43
Town 40.82
Fire 6.35
School $77.37
Library 1.21
Total $78.58 $119.60
8. 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.
9. 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, 2010. The County
Treasurer shall send a written notice to each School of the amount of such
deduction prior to May 1, 2010.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 80-10
TRANSFER OF FUNDS WITHIN ROAD MACHINERY
ACCOUNT
Offered by:
Public Works Committee
RESOLVED:
1. That the sum of $15,300 is transferred
from Account No. DM5130.408 (General Supplies) to Account No. DM5130.204 (Motor
Vehicles) to cover the amount in excess of the budgeted amount for 2 Tri-Axle
trucks.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 81-10
APPROVAL OF ADJUSTMENTS TO
2010 COUNTY BUDGET TO PAY IN FULL
A BOND ANTICIPATION NOTE (BAN)
Offered by: Budget and Ways and Means Committees
WHEREAS, the Budget Committee reviewed and approved a request from the County
Treasurer to pay off the $1,333,525 Bond Anticipation Note (BAN), and
WHEREAS, such action would require a budget adjustment of
$1,210,000, now, therefore, be it
RESOLVED:
1. That the following budget adjustments
are approved: Transfer $1,210,000 from Account No. A15.599.00 (Appropriated
Fund Balance) to Account No. A9560.905 (Interfund Transfer to V) and $1,210,000
from Account No. V12.5031.00 (Interfund Transfer from A) to Account No.
V9730.600 (BAN Principal).
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Burdick 15
Ayes, 0 Noes, 0 Absent
(Memo:
Resolution No. 81-10 approved a transfer of funds from General Fund
Balance to the Debt Service Fund to pay in full a Bond Anticipation Note that
is due April 22, 2010. Total amount due
is $1,333,525. The transfer amount is
what was needed to pay the BAN off in full.
This is the only short-term borrowing the County currently has, and it
was estimated that to roll this BAN for another year would cost an additional
1.5 percent interest. The fund balance
is sufficient to warrant the payoff.
With the economy as it is and the low interest rates received on cash
investments, it was the County Treasurer’s opinion that it would be prudent to
reduce this debt liability at this time.)
Comments made
regarding Resolution No. 81-10 included the following:
Legislator Sinclair pointed out that the
payment for the BAN is coming out of the reserves and is effectively paying
down the past debt for machinery and bridges.
He fully supported the action.
Legislator Pullen noted that this represents
correcting a time when the County didn’t have the cash flow or liquidity to pay
these expenses on a cash basis.
Sometimes borrowing is necessary, but this represents a clear sign of
progress from a fiscal perspective, and it’s an encouraging sign. Hopefully we’ll be able to remain on a cash
basis and pay off other indebtedness incurred in prior years.
RESOLUTION
NO. 82-10
APPROVAL OF LEASE OF LAND TO BAINBRIDGE
FAMILY FARM
TO BE USED FOR AGRICULTURAL PURPOSES ONLY
Offered by:
Ways and Means Committee
WHEREAS, the
County desires to lease County land for agricultural purposes only, now,
therefore, be it
RESOLVED:
1. That
the Lease of County Land between the County of Allegany and Bainbridge Family
Farm for approximately 15 acres of land south of the Allegany County Jail and
Public Safety Facility on State Route 19, commencing April 12, 2010, and
expiring December 31, 2010, is approved.
2. That the Chairman of this Board is
authorized to execute said Lease.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Burdick 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 83-10
APPROVAL OF
LEASE BETWEEN FIRST BAPTIST CHURCH, BELMONT, NEW YORK, AND COUNTY OF ALLEGANY
FOR PREMISES OFF COURT STREET AND
TRANSFER OF
FUNDS FROM CONTINGENT ACCOUNT
Offered by:
Court Facilities and County Space Needs and Ways and Means Committees
RESOLVED:
1. That Lease between the First Baptist
Church, Belmont, New York, and the County of Allegany for parking off of Court
Street is approved.
2. That this is a two-year lease at $500
per month and will expire on April 1, 2012.
3. That the sum of $4,500 is transferred
from Account No. A1990.4 (Contingent) to Account No. A1622.4 (Land Acquisition
or Lease) to cover rent payments through 2010.
4. That the Chairman of this Board is
authorized to execute said Lease and to cause the recording of same in the
Allegany County Clerk's Office.
Moved by: Mr. Pullen Adopted: Roll Call
Seconded by: Mr. Healy 14
Ayes, 1 No, 0 Absent
Voting
No: Ungermann
Comments made
regarding Resolution No. 83-10 included the following:
Legislator Pullen noted that the County has
used the First Baptist Church parking lot for years. It was done on a handshake, and it’s a sign
of the strength of the community that we were able to do that. The arrangement needs to be formalized to
address issues like insurance and maintenance due to our use. The agreement will be a benefit to the
County’s workforce and those who come to use the facilities, and it represents
fairness to the First Baptist Church.
Legislator Ungermann stated that he understood
that this lot has been used in the past, but only for Grand Jury parking, and
he’s grateful to the church, but he was confused about the parking issues. He read the following prepared statement and
excerpts from noted documents:
“I’ve been a site contractor for a number of years. Our company has done a 116,000-square-foot
Walmart Store, a building pad for a Home Depot, a 52,000-square-foot Ashley
Furniture Store, a large two-story addition to the Olean Medical Group, a large
bus garage at the Cuba-Rushford High School, and a couple of school additions. In each and every case, I was involved in
site planning for job trailers, materials, and the like. On several occasions, I told this Board that
the entire back parking lot was going to be lost to anyone parking there. As usual, Mr. Pullen and sometimes Mr. Fanton
told me I didn’t know what I was talking about; however, even being a dumb
bulldozer driver from Cuba, it’s obvious that no one can park in the lot at the
rear of the Courthouse.
What really confuses me is on page 18 of Judge NeMoyer’s
decision against the Allegany County Citizens for Responsible Government where
he states: ‘The County apparently feels that the project-unaffected on-site
parking, especially that to the rear of the Courthouse, will meet the needs of
Court employees and County workers even during the construction phase, past
employee-parking problems having been mitigated by the recent relocation of
various County agencies offsite.’ (Repeated)
How could the Judge be misled into thinking that?
We’re pretty good at misleading people. A couple of examples: We told the public that we would have public
meetings to avoid reactions like we had when building the Jail, and all we gave
them were a couple of brochures. We
wrote to the Genesee Valley School District before they voted on a new school
building that the County may be interested in using the old school for
offices. Then we gave it away for $1. One Legislator has repeatedly told people
that the old and new Courthouse is and will be built on solid bedrock; then why
are we underpinning foundations? I’ve
only seen a few rocks; the rest is silty clay.
We invited town supervisors and village mayors to a meeting and told
them we would be sanctioned $14 million if we didn’t do this project. We never bothered to tell them about Section
39A of the Judiciary Law or the fact that the state can not spend the
money. Does anyone find it strange that
we never allowed questions to be asked at that meeting? We also heard from one Legislator who
repeatedly used the City of Newburgh as an example of OCA’s sanctioning;
however, Nick Valentine, Mayor of Newburgh, said it never happened. John Traylor, from the State Comptroller’s
Office said the OCA has never sanctioned anyone, to his knowledge.
Court documents say that planning for the Courthouse
addition ended in January of 2009. Yet,
we issued two negative declarations for the Presutti and Tronetti houses on June
10, 2009, listing parking as possible use.
In May 2008, the residents of 19 Court Street received a letter from the
County stating, ‘As you may be aware, the County Board of Legislators is
considering a plan to build additional accommodations for the County Court
System. If this plan is adopted, new
construction will sacrifice existing parking space and we are looking at
properties which neighbor us on the north as potential locations for new
parking areas.’ On January 20, another
letter said we were still interested. On
February 11, after the supposed planning date, a letter included, ‘The Newarks
shall be permitted to remove certain fixtures from the home which will be
identified at a later date.’ This would
indicate that plans were to demolish the house.
Let me read you paragraph 7 and 8 of Mr. Pullen’s
affirmation in Court. ‘On the issue of
parking shortage, this is not new to the County facility. While homes could eventually be removed and
the property used for parking, there has been no determination to do so. The property acquisition is not part of the
Courthouse planning process, which concluded with our approval of improvements
in January 2009. As to parking
contingencies that were considered in regards to the parking issue as part of
the Courthouse planning process, construction plans, for example, include
staging of the materials to limit loss of parking.’
Mr. Spitzer’s and Mr. Miner’s statements included,
‘There is simply no evidence before this Court, beyond the active imagination
of the petitioner and its members, that the purchase of the homes has anything
to do with Courthouse project acquisition.
The County may use the houses for a historical society, may use them for
other storage, but there is certainly no evidence that it intends to tear them
down for parking for the Court. Indeed,
no such action has occurred despite the petitioner’s fanciful thinking.’ Why did they do this? I can only surmise that they would have lost
the lawsuit if they didn’t convince the Judge that we didn’t need parking.
If the SEQR process had been properly followed, this
lease would have been done in January 2009 when the planning for this project
was supposedly completed. By the way, we
now have negative declarations for the purchase of two Court Street properties
approved by the Legislature by an 8 to 7 vote.
Now Mr. Miner has declared that the Court Facilities Committee of five
can issue negative declarations, with only three votes needed to pass, instead
of eight if the whole Board had to vote.
I asked Steve Doleski, the DEC Regional
Permit Administrator, about the SEQR process having a double set of rules, one
for the private sector, and one for municipalities. He replied, ‘You statement about the SEQR
process having two sets of rules, one for municipalities and one for the
private sector, can frequently be correct, unfortunately. The SEQR process works well when the agencies
and persons involved understand the correct procedures, can truly be objective,
and have the moral and ethical values to make the environmental review process
transparent and properly documented.’
Mr. Chairman, I don’t want to see Mr. Spitzer, Mr.
Miner, or Mr. Pullen get into any trouble for maybe misleading a Judge, so I’m
going to vote with the Judge on this one and say we don’t need the
parking. What we really should be voting
on here is a resolution to pull the plug on this project.” (End quote by Legislator Norman Ungermann)
Legislator O’Grady commented that although Mr.
Ungermann’s argument was informative, and he appreciated the look back, the
fact is that we need parking, so he supported the resolution.
Legislator Russo stated that he was originally against the resolution,
because he felt it was not needed. Since
that time, he has seen senior citizens with canes, as well as other handicapped
individuals, walking across the street and walking from a great distance away
from the building, and he felt that additional parking is needed. As the project goes on, there will be less
and less parking. Reluctantly, he voted
in favor of the resolution.
RESOLUTION
NO. 84-10
RATIFYING AGREEMENT WITH
MAXIMUS, INC. TO PREPARE COUNTY-WIDE
COST ALLOCATION PLAN AND
RELATED INDIRECT COST RATE PROPOSALS
FOR 2008, 2009, AND 2010 FOR
FEDERAL AID
Offered by:
Ways and Means Committee
RESOLVED:
1. That Agreement with the firm of
MAXIMUS, Inc., which provides for the payment of $7,900 per year to the firm
for preparation of a County-wide cost allocation plan and related indirect cost
rate proposals for 2008, 2009, and 2010 for federal aid, is approved.
2. That the cost for such services shall
be charged to Account No. A1040.4.
3. That the signature of the County
Treasurer on said Agreement is ratified. An executed copy of the Agreement shall be
filed with the Clerk of this Board and one sent to the firm of MAXIMUS, Inc.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
Resolution Intro. No. 85-10 (Resolution Urging the State of New York to Delay the Implementation of the Ignition Interlock Provisions of Leander’s Law as Part of All DWI Sentences) was not pre-filed and was considered from the floor on a motion made by Legislator Healy, seconded by Legislator Sinclair and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
Resolution Intro. No. 85-10
(Resolution Urging the State of New
York to Delay the Implementation of the Ignition Interlock Provisions of
Leander’s Law as Part of All DWI Sentences) was amended on a motion made by Legislator Healy, seconded by
Legislator Sinclair and carried, to correct the spelling of Leander’s Law to Leandra’s Law throughout the resolution.
RESOLUTION
NO. 85-10
RESOLUTION URGING THE
STATE OF NEW YORK TO
DELAY THE
IMPLEMENTATION OF THE IGNITION INTERLOCK PROVISIONS OF LEANDRA’S LAW AS PART OF
ALL DWI SENTENCES
Offered by: Public Safety Committee
WHEREAS, in late 2009, New York State
enacted and passed into Legislation “Leandra’s Law” which (a) added the
category of “Child in Vehicle” to DWI offenses, that has already been
implemented; and (b) added a section to the V & T Law requiring the installation
and use of an Ignition Interlock Device as part of all DWI sentences in New
York State, to be implemented effective August 15, 2010, and
WHEREAS, the Legislation provided no
direction or resources whereby the Ignition Interlock section of this
legislation could be implemented, and
WHEREAS, in accord with the request of
the Law, the NYS DPCA has prepared a Proposed Rule to direct the implementation
of this law, and
WHEREAS, the proposed Rule does not
demonstrate how the counties are to organize and/or support the implementation
of this Program, and requires each county to demonstrate how the county will
implement and fund this Program, and
WHEREAS, the Allegany County
Departments of Probation, STOP DWI, and others have discussed this Program with
the Public Safety Committee and no adequate solutions have been put forth, and
WHEREAS, Allegany County, in this time
of severe fiscal crisis, does not have the resources to assume responsibility
for an unfunded mandate of this magnitude, now, therefore, be it
RESOLVED:
1. The
Allegany County Board of Legislators joins with NYSAC and other appropriate
statewide organizations to recommend and request that the State of New York
delay the implementation of the Ignition Interlock Program for two or more
years until appropriate resources can be identified and made available to the counties
for the implementation of this Program.
2. That the Clerk of this Board is
directed to send certified copies of this resolution to Governor David A.
Paterson, Speaker of the New York State Assembly Sheldon Silver, Senator
Catharine M. Young, and members of the Assembly Daniel J. Burling and Joseph M.
Giglio.
Moved by: Mr. Healy Adopted: Voice Vote
Seconded by: Mr. Fanton
(Memo:
Regarding Resolution No. 85-10, the Ignition Interlock aspect of the law
goes into effect on August 15, 2010.
Anyone sentenced to probation or a conditional discharge after that date
for a DWI offense has to have an Ignition Interlock device in place on their
vehicle before being able to drive that vehicle. The defendant has to be in this program for a
period of six months. There were 326 DWI
arrests in 2009. Sixty-three of these
arrests were for repeat offenders. The
law requires each county to develop an Ignition Interlock Program Plan and
submit it to the Division of Probation and Correctional Alternatives (DPCA) by
June 15, 2010. Work has begun on this
plan. The law requires that an offender
will not have to travel farther than fifty miles to have a device
installed. Allegany County currently has
one vendor that we are aware of who is willing to install these devices. This business is in Belmont. The offender, if financially able, has to pay
for the costs of the installment and monitoring of the Ignition Interlock, and
these costs are paid directly to the “installation/service provider” and the
“qualified manufacturer.” Thus this
program will not be a source of revenue for the County. In fact, this program could have a major
negative financial impact on Allegany County. The law states that all offenders, even those
deemed unable to pay for the device by the Court, is entitled to have an
Ignition Interlock device installed in their vehicle. The costs for installation, leasing, and
removal of a device range from $639 to $825 (depending on the company) for six
months. Upon consulting with the
District Attorney and the STOP DWI Coordinator, the Probation Department is
conservatively estimating that if 100 of the individuals arrested in 2009 were
deemed unable to pay, it would cost Allegany County between $63,900 and
$82,500. None of the related
departmental budgets has this amount of money collectively, let alone
separately. It is unknown where this
money will come from. The law does not
provide for any funding source to pay for these indigent offenders.)
Comments made
regarding Resolution No. 85-10 included the following:
Legislator O’Grady noted that he was
supporting the resolution. The state was
heading in the right direction with the addition of the category of “Child in
Vehicle’ to DWI offenses, but their good intentions were a little misguided
with the Ignition Interlock Device.
First of all, there’s nothing preventing a DWI offender from getting
into a vehicle without the interlock or drinking and driving in another
vehicle. Also, not only do indigents get
their attorneys paid for, now they’ll get this ignition interlock device paid
for as well. We’re actually paying for
their penalty for committing a crime.
The important thing is to sway public opinion to take a more serious
look at DWIs. It is a crime. If everyone who committed a DWI offense
couldn’t plea bargain it down and had a six-month stint in jail, we would
immediately see the number of DWI offenses drop. So, although the one part of the legislation
is right on, the interlock requirement will do nothing for recidivism.
Resolution Intro. No. 86-10 (Resolution Urging the State of New York to Appropriately Disburse the Statewide Wireless 911 Cellular Surcharge) was not pre-filed and was considered from the floor on a motion made by Legislator Fanton, seconded by Legislator Healy and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION
NO. 86-10
RESOLUTION URGING THE
STATE OF NEW YORK TO APPROPRIATELY
DISBURSE THE STATEWIDE
WIRELESS 911 CELLULAR SURCHARGE
Offered by: Public Safety Committee
WHEREAS, while New York State will
collect approximately $200 million dollars in fiscal year 2010 from the
statewide wireless 911 cellular surcharge, the funding is distributed unfairly
and inappropriately throughout the Public Safety Answering Points within the
State, and
WHEREAS, while Allegany County is among
the Public Safety Answering Points across New York State that provide emergency
call taking and dispatch services to all emergency service providers, including
many New York State agencies, Allegany County gets an inappropriate amount of
reimbursement from this surcharge revenue, now, therefore, be it
RESOLVED:
1. The
Allegany County Board of Legislators requests the State of New York to
appropriately disburse the $200 million dollars collected from the statewide
wireless 911 cellular surcharge to the 911 Public Safety Answering Points
across New York State for operational costs and continuing upgrades.
2. That the Clerk of this Board is
directed to send certified copies of this resolution to Governor David A.
Paterson, Speaker of the New York State Assembly Sheldon Silver, Senator
Catharine M. Young, and members of the Assembly Daniel J. Burling and Joseph M.
Giglio.
Moved by: Mr. Fanton Adopted: Voice Vote
Seconded by: Mr. Healy
Comments made
regarding Resolution No. 86-10 included the following:
Legislator Ungermann asked how much of this
surcharge would come to the County.
Sheriff Tompkins replied that last year, the state collected about $186
million. When the legislation was
originally passed, all of that money was supposed to be split up among the
Public Safety Answering Points (PSAPs) in New York State. Allegany County E-911 Center is one of
those. The state didn’t do what they
said they would do with the money, and only about five percent is being
disbursed for what it was supposed to be used for. The Sheriff’s Office would like to see the
state do the right thing and split all of the surcharge money between the
emergency communication centers in the state, but if they’re not going to do
that, they’re asking that the percentage be more reasonable to at least cover
the operating costs for the centers.
Currently, Allegany County is receiving $30,000, and if this action is
successful, we’re hoping to get between $200,000 and $300,000 annually. It should be much more than that.
Legislator Pullen commented that last week,
the State Comptroller released a report dealing with what this is one example
of. The state establishes a fund that’s
not considered a tax, but is a fee that’s added on to cell phone bills that’s
supposed to help 911 centers deal with getting the technology and training they
need. It’s a good purpose, but then it
disappears into the ether somewhere. The
State Comptroller, who is of the majority party in Albany, made a scathing
attack on this. According to him, we’ve
had billions of dollars that have been siphoned off. This is one example. Environment Protection Fund fees and revenue,
motor fuel tax collected at the gas pumps, and it just gets swept through
authorization from the Governor’s Office into the General Fund. So it’s basically just another tax, and it
violates what they said they’re going to do with it, as the Sheriff has
described. So it completely lacks
integrity. They have not done what they
said they were going to do. We are left
picking up the bill on this by paying for the equipment and for the training
and staffing of the E-911 Center, all of which this could go towards. Even though they funded a mandate, now they
have siphoned off what they funded it with.
The State Comptroller shares our feeling that this is reprehensible and
is seeking legislation that will make it illegal.
Resolution Intro. No. 87-10 (Resolution Calling upon Governor Paterson to Call a Special Election to Fill the Vacancy in the 29th Congressional District) was not pre-filed and was considered from the floor on a motion made by Legislator Hopkins, seconded by Legislator Sinclair and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION
NO. 87-10
RESOLUTION CALLING UPON
GOVERNOR PATERSON TO CALL
A SPECIAL ELECTION TO FILL THE
VACANCY IN
THE 29TH
CONGRESSIONAL DISTRICT
Offered by: Ways and Means Committee
WHEREAS,
Allegany County is part of the 29th Congressional District, and
WHEREAS,
our Congressional Representative resigned his position on March 8, 2010,
leaving the over 49,000 residents of Allegany County without representation in
Washington at the Congressional level, and
WHEREAS,
Article I, Section 2 of the United States Constitution allows for a state
governor to call for a special election to fill a vacant position in the House
of Representatives, and
WHEREAS,
all US Citizens need to be properly represented in our Capitol; now therefore
be it
RESOLVED:
1. That the Board of Legislators of
Allegany County hereby calls upon Governor David Paterson to immediately call
for a special election for the 29th Congressional District as
outlined in the United States Constitution.
2. That certified copies of this
resolution be sent to Governor David A. Paterson, Senator Catharine M. Young,
New York State Assembly Speaker Sheldon Silver, Assemblyman Daniel J. Burling, and
Assemblyman Joseph M. Giglio.
Moved by: Mr. Hopkins Adopted: Voice Vote
Seconded by: Mr. Healy
Comments made
regarding Resolution No. 87-10 included the following:
Legislator Russo questioned how much it would
cost to run a special election. Chairman
Crandall responded that it would cost Allegany County $45,000.
Legislator Hopkins pointed out that even
though we don’t have a Congressman at this point, we still have his staff
working. That leadership is costing all
the taxpayers money, and we should have some leadership in there. It’ll be January if we wait for the next
general election for the position to be filled, and there will be a lot of
important votes that could affect us in our County within that time. We should move this on and try to get some
representation. If we’re paying taxes,
Mr. Hopkins would like to see someone represent us there.
AUDITS:
A motion was made by
Legislator Hopkins, seconded by Legislator Pullen and carried, that the audits
be acted upon collectively and by totals.
A motion was made by
Legislator Hopkins, seconded by Legislator Fanton and adopted on a roll call
vote of 14 Ayes, 1 No, 0 Absent, that the audit of claims, totaling $2,913,920.33
including prepaid expenses, be approved for payment as recommended by the
County Administrator (opposed:
Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid
year-to-date is $2,083,326.)
ADJOURNMENT: The meeting was adjourned at 3 p.m. on a motion made by Legislator Hopkins,
seconded by Legislator O’Grady and carried.