Pages

Tuesday, February 21, 2017

Allegany County lawmakers squabble over sales tax

This is from the draft minutes of the Ways & Means committee meeting from the Allegany County Legislature -
WAYS & MEANS COMMITTEE
February 15, 2017
NOT APPROVED
Committee Members Present:  P. Curran, D. Healy, J. Hopkins, K. LaForge, T. O’Grady, D. Pullen, D. Root, C. Crandall  (Absent:  D. Fanton, C. Jessup)
Others Present:  L. Ballengee, H.B. Budinger, R. Christman, D. Decker, K. Graves, K. Hollis, R. Hollis, C. Knapp, J. Luckey, M. McCormick, T. Miner, B. Riehle, T. Ross
Call to Order: The meeting was called to order at 3:08 p.m. by Chairman Curtis W. Crandall.
Approval of Minutes
            The February 13, 2017, Ways & Means Committee minutes were approved on a motion by Legislator LaForge, seconded by Legislator Curran, and carried.

Sales Tax Extension
            Clerk of the Board Brenda Rigby Riehle stated that if the additional one and one-half percent (1.5%) sales tax is to be extended beyond the November 30, 2017, expiration date as set forth in Resolution No. 200-15 (originally changed by Resolution No. 118-67), it will be necessary to adopt a resolution requesting our state legislative representatives to introduce and seek passage of the required legislation to continue the additional one and one-half percent (1.5%) County sales tax for four years.  Based on sales tax revenue receipts of $19,289,652 for 2016, the additional one and one-half percent (1.5%) sales tax resulted in $6.43 million in revenue.  It was noted that this action is a multi-step process, and this is the first of three resolutions that the Board will be required to adopt. 

Legislator David Pullen expressed concern about the statement in the draft resolution that Allegany County is presently at 92.45 percent of its constitutional taxing limit for real estate taxes especially considering the fact that we have been reducing our tax rate and complying with the tax cap. Legislator Pullen stated that while our tax base has not been increasing significantly, the tax rate is going down, and unless we are seeing a significant reduction in our tax base it would seem the constitutional tax limit would also be decreasing.   County Treasurer Terri Ross stated that it is based on the levy, rather than the rate, and different calculations are used.  Allegany County has fluctuated between 79 percent and the mid-90 percent over the last several years.  Ms. Ross indicated that she will review the formula and let committee members know how the rate is determined.  It was noted that the State Constitution and related statutes would allow the NYS Comptroller to withhold certain state aid payments, and possibly sales tax revenue, if we were to exceed our tax limit so it’s very serious.  Chairman Crandall mentioned the control board that was brought into Erie County when they ran into trouble.

Chairman Crandall spoke in favor of the resolution, noting that every dollar we collect is a dollar less we have to raise property taxes.  Legislator David Decker proposed that we not seek the additional 1.5 percent sales tax revenue and find $6.4 million in cuts. Legislator Decker stated that our tax rate is one of the highest, and we have to do something.  Chairman Crandall stated that the Board would have to be prepared to eliminate all optional programs if we do not move forward with securing the additional 1.5 percent that we currently collect.  Legislator Tim O’Grady remarked that Legislator Decker just voted “yes” on the Cornell Cooperative Extension contract, and we can’t keep approving spending and expect to cut taxes.  Legislator Karl Graves commented that it would be nice to get rid of the half percent so we would be more competitive with surrounding counties, noting that if we had more parity it might help.  The half percent that Legislator Graves is referring to is approximately $2 million.  Legislator Healy stated that he does not believe we would want to make that reduction as he would much rather look at saving and trying to reduce property taxes, rather than lowering our sales tax rate.  Everyone wants to reduce our overall tax burden, but this isn’t the place to start.  Legislator Curran agreed with Legislator Healy and stated that we are not properly prepared to make the drastic cuts that would be involved in lowering our sales tax rate.  Chairman Crandall also mentioned some actions the State has taken recently such as the Governor vetoing the indigent defense bill that really make it tough for counties to lower their taxes when mandated costs remain so high.  County Treasurer Ross stated this issue was also discussed at the NYSAC Conference, and they ended up adopting a resolution calling on the State Legislative Leaders to reform the Home Rule Revenue Process by enacting a 4-year authorization period for all local sales tax extenders in 2017 with the goal of making this local renewal authority permanent.

A motion was made by Legislator Hopkins, seconded by Legislator O’Grady, and carried to offer a resolution requesting our state representatives to introduce and seek passage of legislation authorizing Allegany County to continue the additional one and one-half percent county sales tax for four years.     Prepare Resolution