ALLEGANY
REGULAR SESSION
MAY 10, 2010
** APPROVED **
PLEDGE
OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by United
States Navy Mid-Shipman 3rd Class Rebekah Fleming.
INVOCATION: The
Invocation was given by Legislator Pullen.
ROLL
CALL: 14 Present; 1 Absent (Legislator LaForge).
APPROVAL OF
MINUTES:
The Board meeting minutes of April
26, 2010, were approved on a motion made by Legislator Fanton, seconded by
Legislator Pullen and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a certificate
to United States Navy Mid-Shipman 3rd Class Rebekah Fleming, in grateful
appreciation of her commitment to serve our country. Ms. Fleming is currently attending
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
The
following communications were also acknowledged:
1. Notice of next
2. Correspondence from the Department of
Health and Human Services that the audit performed by Eldredge, Fox and
Porretti met federal audit requirements.
3. Correspondence from
4. Reminder that the annual Fair Board
Dinner will be held at 6 p.m. tomorrow, May 11.
If you plan to attend please let
5. Invitation to attend the Legislative
Intern Model Session on Monday, May 24, from 11 a.m. to 12 p.m. in the
Legislative Board Chambers.
6. Correspondence from Assemblyman Daniel
Burling regarding the cost recovery assessment placed on IDAs, provisions of
Leandra’s Law, and wireless 911 surcharges.
7. Correspondence from the Bolivar Free
Library inviting
8. News Release from the United States
Environmental Protection Agency announcing a public session to be held on
Tuesday, May 11, at 7 p.m. in the
9. May 2010 Community Update from the United
States Environmental Protection Agency entitled, “EPA Updates Work at the
Sinclair Refinery Site in
10. AARP plans to hold an informational
session regarding Healthcare Reform on May 20, from 5:30 to 7:30 p.m. at the
Genesee Valley Central School Auditorium on
PROCLAMATION:
Chairman
Crandall joined the counties of Cattaraugus, Chautauqua,
RESOLUTIONS:
RESOLUTION
NO. 101-10
APPROVAL OF BOARD CHAIRMAN’S
REAPPOINTMENT OF TWO MEMBERS 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 reappointments by the Chairman
of this Board of John E. Margeson of Scio, New York, and Jerry Scott of Cuba,
New York, as members to the Southern Tier West Regional Planning and
Development Board, with term of office commencing June 1, 2010, and expiring
May 31, 2013, are approved.
Moved by: Mr. Sinclair Adopted: Voice Vote
Seconded by: Mr. Healy
RESOLUTION
NO. 102-10
APPROVAL OF APPORTIONMENT OF
MORTGAGE TAX TO TAX DISTRICTS
AND AUTHORIZING WARRANT
THEREFOR
Offered by:
Ways and Means Committee
Pursuant to Tax Law § 261 (3)
RESOLVED:
1. That the Semi-Annual Report for the
period October 1, 2009, through March 31, 2010, relating to Mortgage Tax
Receipts and Disbursements, and the proposed distribution of such mortgage tax
receipts therein, is approved.
2. That the Clerk of this Board is
authorized and directed to execute a warrant of this Board to the County
Treasurer directing her to distribute to the several tax districts in the
County their respective share of such mortgage tax.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 103-10
AUTHORIZING PAYMENT TO TOWNS AND VILLAGES
FROM ADDITIONAL MORTGAGE TAX FEE RETAINAGE
BY
APPROPRIATING FUNDS THEREFOR
Offered by:
Ways and Means Committee
WHEREAS, by
Resolution No. 214-2004 the County Clerk was authorized pursuant to Section 262
of the Tax Law to request and receive reimbursement from the State of New York
for all of his necessary expenses incurred in the administration of the
Mortgage Tax Program on behalf of the State of New York, and
WHEREAS, it was
the intent of this Board in adopting such resolution that the Towns and
Villages of the County would not suffer any adverse financial consequences as a
result of any increased retained expense reimbursement to the County Clerk, and
WHEREAS, the
WHEREAS, this Board
wishes to appropriate part of such reimbursement of necessary expenses received
by the
RESOLVED:
1. The
amount of $26,003.70 is appropriated from
Account No. A1410.432 (
|
TOWNS |
AMOUNT RETAINED BY |
REBATE AMT TO TOWN |
REBATE AMT TO VILLAGE |
|
VILLAGES |
|
Alfred |
879.09 |
705.50 |
173.59 |
|
Alfred |
|
Allen |
73.10 |
73.10 |
|
|
|
|
|
610.45 |
610.45 |
|
|
|
|
Almond |
966.34 |
890.53 |
75.81 |
|
Almond |
|
Amity |
1,131.85 |
947.72 |
184.13 |
|
|
|
|
795.26 |
651.29 |
143.97 |
|
|
|
Angelica |
701.68 |
583.39 |
118.29 |
|
Angelica |
|
|
1,020.47 |
1,020.47 |
|
|
|
|
Birdsall |
87.89 |
87.89 |
|
|
|
|
Bolivar |
1,281.19 |
1,018.29 |
243.01 |
|
Bolivar |
|
|
|
|
19.89 |
|
Richburg |
|
Burns |
607.00 |
525.57 |
81.43 |
|
Canaseraga |
|
Caneadea |
986.70 |
986.70 |
|
|
|
|
|
365.91 |
365.91 |
|
|
|
|
|
571.01 |
571.01 |
|
|
|
|
|
2,063.52 |
1,756.50 |
307.02 |
|
|
|
Friendship |
824.90 |
824.90 |
|
|
|
|
|
948.11 |
948.11 |
|
|
|
|
Granger |
277.63 |
277.63 |
|
|
|
|
Grove |
442.92 |
442.92 |
|
|
|
|
Hume |
967.84 |
967.84 |
|
|
|
|
|
706.18 |
706.18 |
|
|
|
|
New |
402.61 |
402.61 |
|
|
|
|
Rushford |
1,547.75 |
1,547.75 |
|
|
|
|
Scio |
1,455.50 |
1,455.50 |
|
|
|
|
Ward |
887.48 |
887.48 |
|
|
|
|
Wellsville |
3,889.37 |
2,840.51 |
1,048.86 |
|
Wellsville |
|
West Almond |
386.29 |
386.29 |
|
|
|
|
Willing |
514.45 |
514.45 |
|
|
|
|
Wirt |
611.21 |
568.33 |
42.88 |
|
Richburg |
|
|
|
|
|
|
|
|
TOTALS |
26,003.70 |
23,564.82 |
2,438.88 |
|
|
2. The Chairman of this Board, Allegany
County Clerk, and Allegany County Treasurer are authorized to execute any and
all vouchers, warrants, and other necessary documents of every nature and kind
in order to effect the purpose of this resolution.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Healy 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 104-10
ACCEPTING FEDERAL GRANT
(CONTRACT # T002957) FUNDS FOR
VOTING ACCESS FOR INDIVIDUALS
WITH DISABILITIES (VOTE) PROGRAM
FOR USE BY STATES;
APPROPRIATION OF GRANT FUNDS TO
ELECTIONS CONTRACTUAL EXPENSES
ACCOUNT
Offered by:
Personnel and Ways and Means Committees
RESOLVED:
1. That
the sum of $2,088 in federal funding to Elections for Voting Access for
Individuals with Disabilities (Vote) Program is accepted.
2. That the accepted sum of $2,088 is
appropriated to Account No. A1450.4 with a like sum credited to Revenue Account
No. A10.3089.1450.
Moved by: Mr. O’Grady Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 0 Noes, 1 Absent
(Memo: The major benefits in accepting the grant
referred to in Resolution No. 104-10 are to obtain materials or upgrade our
polling sites to be HAVA compliant.)
RESOLUTION
NO. 105-10
Offered by:
Ways and Means Committee
WHEREAS, a check in the amount of $218.90, representing the full
cost to replace a broken windshield discovered on April 6, 2010, on a County
vehicle, has been offered by NYMIR in settlement for such property damage, and
WHEREAS, a check in the amount of $10,993.58, representing the
reimbursable expenses associated with a February 1, 2010, water damage claim,
less a $5,000 deductible, has been offered by NYMIR in settlement of such
claim, now therefore, be it
RESOLVED:
1. That the amount of $218.90 from NYMIR
representing the cost of replacing a broken windshield on a County vehicle and
the amount of $10,993.58 representing the reimbursable expenses, less a $5,000
deductible, associated with the February 1, 2010, water damage claim are
accepted.
2. That the total sum of $11,212.48 is
appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property
Loss) with a like sum credited to Revenue Account No. CS07.2680.00 (Risk
Retention – Insurance Recovery).
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Pullen 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 106-10
TRANSFER OF FUNDS FROM
CONTINGENT ACCOUNT TO
PROBATION ALTERNATIVES TO
INCARCERATION ACCOUNTS
Offered by:
Budget and Ways and Means Committees
RESOLVED:
1. That the sum of $18,307 is transferred
from Account No. A1990.4 (Contingency) as follows: $1,640 to Account No.
A3142.4 and $16,667 to Account No. A3142.8.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Curran 14
Ayes, 0 Noes, 1 Absent
(Memo: The transfer approved by Resolution No.
106-10 was necessary because, due to an oversight, the referenced line items
were not funded in the 2010 Budget.)
RESOLUTION
NO. 107-10
TRANSFER OF FUNDS WITHIN
OFFICE OF DEVELOPMENT ACCOUNT
Offered by:
Planning and Economic Development and Ways and Means Committees
RESOLVED:
1. That the sum of $1,211 is transferred
from Account No. A6430.474 (Development – Marketing) to Account No. A6430.201
(Development – Equipment) to finance the purchase of a legal filing cabinet and
four office chairs.
Moved by: Mr. Sinclair Adopted: Roll Call
Seconded by: Mr. Pullen 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 108-10
APPROVAL OF AGREEMENT BETWEEN
ALLEGANY
APPROPRIATION OF NON-BUDGETED
STATE GRANT IN AID
Offered by: Planning and Economic Development Committee
RESOLVED:
1. That Agreement between the
2. That the Chairman of this Board is
authorized to execute said Agreement.
3. That the sum of $119,190 in
non-budgeted State grant in aid is appropriated to Account No. A7185.483, with
a like sum credited to Revenue Account A10.3089.01.
Moved by: Mr. Sinclair Adopted: Roll Call
Seconded by: Mr. Cady 14
Ayes, 0 Noes, 1 Absent
(Memo:
The agreement approved by Resolution No. 108-10 allows the County to act as
sponsor for applications for snowmobile trail development and maintenance
assistance grants through the New York State Office of Parks, Recreation, and
Historic Preservation.
Resolution Intro. No. 110-10 (Memorializing the New York State Assembly and Senate in Support of Assembly Bill A.9919 and Senate Bill S.7338, Allowing for Increased Revenue Sharing for Online and Mail-Based Motor Vehicle Transactions) was not pre-filed and was considered from the floor on a motion made by Legislator O’Grady, seconded by Legislator Fanton and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION
NO. 109-10
MEMORIALIZING THE
IN SUPPORT OF ASSEMBLY
BILL A.9919 AND SENATE BILL S.7338,
ALLOWING FOR INCREASED
REVENUE SHARING FOR ONLINE AND
MAIL-BASED MOTOR
VEHICLE TRANSACTIONS
Offered by: Personnel Committee
WHEREAS, the New York State Vehicle and
Traffic Law places the responsibility of operating Department of Motor Vehicle
(“DMV”) offices to 51 counties across New York State through their respective
County Clerks, and
WHEREAS, the County’s current share of
certain transaction fees is 12.7 percent, available only when the transaction
is processed through a local
WHEREAS, numerous time consuming,
fee-exempt transactions are processed by local
WHEREAS, the Commissioner of Motor
Vehicles has advised the New York State Association of County Clerks that 35
online transactions are currently available for customers via the NYS DMV
website, with more virtual transactions expected in the near future, leaving
the County with fewer revenue sharing opportunities, now, therefore, be it
RESOLVED:
1. That
the Allegany County Board of Legislators supports New York State Assembly Bill
A.9919 and Senate Bill S.7338, allowing County Clerks who operate DMV offices
to retain a share of fees collected from county residents for motor vehicle
transactions completed through the New York State DMV website and its
mail-based service.
2. That the Clerk of this Board is
directed to send certified copies of this resolution to the Commissioner of the
New York State Department of Motor Vehicles David J. Swarts, Governor David A.
Paterson, Senate Minority Leader Dean G. Skelos, Senate President Malcolm A.
Smith, Senate Majority Leader Pedro Espada, Assembly Speaker Sheldon Silver,
Assembly Majority Leader Ron Canestrari, Assembly Minority Leader Brian M.
Kolb, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M.
Giglio, New York State Association of Counties Executive Director Stephen
Acquario, and InterCounty Association of Western New York President Richard
Calabrese.
Moved by: Mr. O’Grady Adopted: Voice Vote
Seconded by: Mr. Fanton
Comments made
regarding Resolution No. 109-10 included the following:
County Clerk Robert Christman explained what
the state is doing that financially impacts not only our own County, but all of
the surrounding counties in Western New York.
Many years ago, when the Department of Motor Vehicles and County Clerks
started working together, they established a percentage of 12.7 percent
retainage for each DMV transaction to maintain employment. It was basically a break-even point. Over the past ten to fifteen years, the state
has been whittling away against that percentage, and they are taking progressively
more of the transactions and doing them on the Albany/Utica level. An example is the renewals that are sent out
to everybody. They used to be sent back
to the County, but are now sent to Utica.
The state is holding the 12.7 percent and not paying back the County. They’re taking the easy, routine transactions,
but the more complex enforcement, no-fee transactions, which used to be handled
in Monroe and Erie Counties, are now being placed on the local DMV offices. The next thing that happened was e-mail
transactions. The state is now doing a
lot of online processing. Some counties
have created online capabilities for their counties, but the state has restricted
that by saying they are the only ones authorized to do online
transactions. They’ve created their own
monopoly, and the revenues that traditionally maintained our local DMV offices
are on a downward trend. These two bills
that are presently in the Assembly and Senate were initiated by Assemblyman Joe
Giglio and Senator Catharine Young. In
supporting this resolution, the County is sending a message to the Assembly and
the Senate that it’s time for a little fairness. If the state is going to monopolize the less
complex transactions, the County should get a percentage for all of the
transactions, based on the zipcode of the resident. Sending the Board’s resolution to our state
legislative representatives will keep us more visible and send them this
message.
Legislator Cady noted that a few years ago,
the state began assessing a $1 law enforcement fee on every auto insurance
policyholder, and now that fee has gone up to $10 per year. It probably goes to the State Police. Mr. Cady felt the fee should go to local law
enforcement agencies who are as involved as the state in enforcing the
insurance regulations during road checks.
Perhaps the Board could address that at a later date.
Legislator Pullen commented that on vehicle
registration renewals, there is no mention of the option of renewing locally. Where that used to be the only option, now
the only choices given are to renew online or mail to the Utica address. This is another example of the state not
really being an ally and working with us on matters, but they’ve become very
adversarial. That message needs to be
communicated clearly with Albany. Mr. Christman
stated that it’s an artificial battle that doesn’t need to take place. He encouraged renewing locally. “Not only do we do it faster and more
proficiently, if you have a problem, you can contact us. So let’s keep our hardworking money working hard
for Allegany County.”
Resolution Intro. No. 111-10 (Resolution in Opposition to Assembly Bill No. A.9911 which Amends the Public Officers Law in Relation to Requiring Certain Records which are the Subject of a Discussion Conducted at an Open Meeting be made Available to the Public) was not pre-filed and was considered from the floor on a motion made by Legislator Hopkins, seconded by Legislator Healy and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.
RESOLUTION
NO. 110-10
RESOLUTION IN OPPOSITION TO
ASSEMBLY BILL A.9911
WHICH AMENDS THE PUBLIC
OFFICERS LAW IN RELATION TO
REQUIRING CERTAIN RECORDS
WHICH ARE THE SUBJECT OF A DISCUSSION CONDUCTED AT AN OPEN MEETING BE MADE
AVAILABLE TO THE PUBLIC
Offered by: Ways & Means Committee
WHEREAS, the New York State Assembly has introduced Assembly Bill
A.9911 requiring that certain agency records available to the public pursuant
to article six,
as well as any proposed resolution, law, rule, regulation, policy, or any
amendment thereto that are scheduled to be the subject of discussion by a
public body during an open meeting shall be made available, to the extent
practicable, prior to or at the meeting during which such records will be
discussed, and
WHEREAS, Assembly Bill A.9911 further provides that such records
shall be posted on the website of the agency with which the public body is
affiliated, as soon as practicable, but not less than twenty-four hours prior
to a meeting during which they will be discussed, and a reasonable number
of copies of such records shall be made available, to the extent practicable,
at or prior to the meeting, and
WHEREAS, said legislation would be a significant burden on staff
and resources at the local government level, let alone could cost counties more
money to make additional copies and to expand its technology to accommodate
such requirement, and
WHEREAS, said legislation would require all agency boards to make
their records available to the public via an agency website together with
providing hard copies of documents at their meetings and Allegany County has
numerous boards that this may affect, along with the seven legislative standing
committees together with the Board of Legislators’ board meeting, and
WHEREAS, Allegany County also consists of municipalities that do
not have internet capability, therefore causing them to make paper copies
available and causing additional expenses for that municipality, and
WHEREAS, this legislation represents another unwarranted and unfunded
mandate imposed on local governments by the State of New York, and
WHEREAS, the local taxpayer is best equipped to determine how his
scarce tax dollar should be spent, now therefore, be it
RESOLVED:
1. That
the Allegany County Legislature hereby opposes Assembly Bill A.9911 and urges
the New York State Senate to also oppose such a bill.
2. That certified copies of this
resolution be sent to Senator Catharine M. Young; New York State Assembly
Speaker Sheldon Silver; Assemblyman Daniel J. Burling; Assemblyman Joseph M.
Giglio; the New York State Association of Counties; and the InterCounty
Association of Western New York.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Pullen 12
Ayes, 2 Noes, 1 Absent
Voting
No: Cady, Ungermann
Comments made
regarding Resolution No. 110-10 included the following:
Legislator Hopkins noted that on the surface, making
the records available ahead of time looks like something that should happen,
but in reality it’s very costly and becomes almost impractical for the local
municipalities and local boards. It will
probably affect all boards and agencies that receive government funds, like the
Soil and Water Conservation District Board and Cooperative Extension. Not
only would it be very costly, it would put a strangle-hold on moving
ahead. It’s the wrong thing to do. It sounds like a good idea, but it wasn’t
well thought out.
Legislator Ungermann opposed the Board’s
opposition to the bill. It interferes
with the public’s right to know. Mr. Ungermann
made reference to some of the committee agendas being posted one week ahead of
time, and noted that he would also like to see Board agendas posted a week
before. Twenty-four hours is too short of
notice. If the public wants to question
their representatives, they don’t have a chance to do it. Too many decisions are made without public
input. One example is the
Courthouse. We promised public meetings,
and we gave them brochures. He felt the
public has a right to know what’s happening with their government. If they want to take an active part or ask
their representatives questions, they will know what’s going to be discussed.
Chairman Crandall commented in reference to the
Board agenda that some of the items get put on just a few minutes prior to the
meeting, but the meat of the meeting is actually the pre-filed resolutions. They are available several days ahead of time
to allow not only the Legislators, but the general public an opportunity to
know what’s coming up. The agenda is a
standing agenda per our Board Rules.
Legislator Hopkins noted that the bill
includes more than just the agenda. They’re
talking about anything that will be voted on.
On town boards, a lot of times you don’t know what will come up at a
particular meeting. Here at the County,
for committee meetings, or for agencies like Soil and Water, in order to have
that meeting, you’re going to have to have everything that needs to be voted
on, including even the abstract, available 24 hours ahead of time. Most likely something will come up at a
meeting and because notice wasn’t provided about that matter ahead of time, it
will take another month before it can come back to be voted on. In the local arena, that’s pretty
impractical. You could be looking at 60
days, and with emergencies, you can’t do that.
Legislator O’Grady noted that he could see where
this looks good on paper, but didn’t see it being very practical, especially for
some of the smaller municipalities where it becomes burdensome. A lot of them have part-time clerks.
Legislator Healy also commented that the
intent of the law is very good, but it’s impractical in application. It will create too big of a burden,
especially for the volunteers that serve on boards. It’s hard enough now to get people to serve
in any capacity.
Legislator Pullen referred to the phrase, “the
straw that broke the camel’s back.”
We’re looking at a lot of straws that have been put upon the backs of
those who serve the local governments.
He noted that he’s in favor of openness, but along with that, there’s
expense. There’s the expense of setting
up a website, which apparently is required by this law. Then there’s the expense of making copies, a
reasonable number of copies. Mr. Pullen
commented that he can see someone challenging the entire proceeding if they
come in and there’s an unusually large number of people that have shown up for
the meeting and that person doesn’t get a copy.
Most of our towns and villages do not have full-time personnel serving
on their boards and in their Clerks’ offices.
And this bill not only applies to them, but also to planning boards,
zoning boards, various other commissions, and boards of assessors. Basically this applies to any meeting
conducted by any board or agency, and we’re not talking about small amounts of
money. Maybe in isolation it seems
small, but the cumulative total will be thousands of dollars. Mr. Pullen also noted that this additional
burden will make people reluctant to hold office for the $200-300 monthly
salary that many of our local officials receive for serving their
communities. Again, it’s fine, but for
all these things there’s a price. We
look at it and say it’s no big deal.
Maybe not in isolation, but think about the straw that can break the
camel’s back. Mr. Pullen felt we are
perilously close to that.
AUDITS:
A motion was made by
Legislator Hopkins, seconded by Legislator Fanton and carried, that the audits
be acted upon collectively and by totals.
A motion was made by
Legislator Pullen, seconded by Legislator Hopkins and adopted on a roll call
vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $1,557,553.36,
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 $2,678,562.)
ADJOURNMENT: The meeting was adjourned at 2:40 p.m. on a motion made by Legislator
Pullen, seconded by Legislator Fanton and carried.