Referred to: The Laws and Rules, Governmental Service Committee (Chairman

Parete and Legislators Archer, Donaldson, Roberts, and Ronk), and The Ways and

Means Committee (Chairman Gerentine and Legislators Bartels, Belfiglio, Briggs,

Maio, Maloney, Provenzano, and Rodriguez)

Chairman of the Ways and Means Committee, Richard A. Gerentine, and Deputy

Chairman Tracey A. Bartels offer the following:

WHEREAS, pursuant to New York State Election Law, Article 4, Section 4-

136(1), “…the expenses of providing polling places, voting booths, supplies thereof,

ballot boxes and other furniture for the polling place for any election, including the

storage, transportation and maintenance of voting machines, appliances and

equipment or ballot counting devices, and the compensation of the election officers

in each election district, shall be a charge upon the county in which such election

district is situated…”; and

WHEREAS, New York State Election Law, Article 4, Section 4-136(2) states

that “All expenses incurred under this chapter by the board of elections of a county

outside the city of New York shall be a charge against the county… The expenses

incurred by the board of elections of a county outside the city of New York may,

pursuant to section 3-226 of this chapter, be apportioned among the cities and towns

therein, or in the case of a village election held other than at the time of the fall

primary or general election, apportioned to such villages therein”; and

WHEREAS, Resolution No. 410 of the County of Ulster, dated December 6,

2006, authorized the County of Ulster to charge back the Towns and the City of

Kingston for the cost of elections support pursuant to New York State Election Law

for the expenses incurred by the Ulster County Board of Elections based upon the

number of registered voters on the last day to register for the general election in any

given year; and

WHEREAS, chargebacks have been billed on a pro rata basis to each

municipality following a full accounting of all election expenses in any given year;

and

WHEREAS, in August 2014, the Chairman of the Legislature sponsored

Resolution No. 224 to have the County assume the entire share of the cost of

elections but Legislators were informed that the County Executive was unsure if

funding would be available to take over this cost without significant County tax

increases, and 

- Page 2 -

Resolution No. 404 November 18, 2014

Authorizing The County Of Ulster To Assume The Cost Of

Elections Support From The Towns And City Of Kingston Pursuant

To A Three Year Phased-In Plan

WHEREAS, the County Executive unveiled a plan contained in his 2015

Executive Budget to have the County assume the entire share of the cost of elections

support incurred by the Ulster County Board of Elections over a three-year, phasedin implementation; and

WHEREAS, the County Executive’s plan calls for assuming 33% of the total

cost of the chargebacks to the Towns and City of Kingston in 2015, 66% of the total

cost of the chargebacks to the Towns and City of Kingston in 2016, and 100% of the

total cost of chargebacks to the Towns and City of Kingston in 2017; and

WHEREAS, pursuant to Section C-57(J) of the Ulster County Charter and

Section A-9(2)(J) of the Ulster County Administrative Code, the Ulster County

Comptroller shall “have all powers and perform all of the duties conferred or

imposed by law upon a county comptroller, and perform such other related duties

required by the County Executive and County Legislature”; and

WHEREAS, it is in the best interest of the taxpayers of Ulster County to be

informed as to how this three-year, phased-in plan actually benefits and/or impacts

their respective Town and City annual budgets and taxes; now, therefore, be it

RESOLVED, that pursuant to the provisions of New York State Election Law

Article 4, Sections 4-136(1) and 4-136(2), the County of Ulster hereby agrees to pay

33% total cost of the chargebacks of the Towns in Ulster County and City of

Kingston for the cost of elections support incurred by the Ulster County Board of

Elections in 2015; and, be it further

RESOLVED, that pursuant to the provisions of the aforementioned Election

Law, the County of Ulster hereby agrees to pay 66% total cost of the chargebacks of

the Towns in Ulster County and City of Kingston for the cost of elections support

incurred by the Ulster County Board of Elections in 2016; and, be it further

RESOLVED, that pursuant to the provisions of the aforementioned Election

Law, the County of Ulster hereby agrees to pay 100% total cost of the chargebacks of

the Towns in Ulster County and City of Kingston for the cost of elections support

incurred by the Ulster County Board of Elections in 2017; and, be it further

- Page 3 -

Resolution No. 404 November 18, 2014

Authorizing The County Of Ulster To Assume The Cost Of

Elections Support From The Towns And City Of Kingston Pursuant

To A Three Year Phased-In Plan

RESOLVED, that the same pro-rata methodology previously adopted by the

Ulster County Legislature pursuant to Resolution No. 410 of the County of Ulster,

dated December 6, 2006, for chargebacks to the Towns in Ulster County and the City

of Kingston for the cost of elections support for the expenses incurred by the Ulster

County Board of Elections based on the number of registered voters on the last day to

register for the general election in any given year shall remain in effect as it relates to

both the assumption of costs by the County of Ulster and the remaining chargebacks

to the Towns and the City of Kingston for the years 2015 and 2016; and, be it further

RESOLVED, that any outstanding charges incurred prior to the year 2015 and

yet to be paid to the County by any municipality for costs associated with the

chargebacks for the cost of election support shall continue due and owing, and shall

be paid by the respective municipality; and, be it further

RESOLVED, pursuant to the duties and powers vested in the County

Comptroller, the County Executive and the County Legislature in the Ulster County

Charter and Ulster County Administrative Code, and as more specifically set forth in

Section C-57(J) of the Ulster County Charter and Section A-9(2)(J) of the Ulster

County Administrative Code, the County Comptroller, is hereby required to perform

and present an annual report to the County Executive and the County Legislature on

or before December 31st of each year during the period of this three-year phased in

plan, detailing the actual benefits and/or impacts that the plan has had upon the

taxpayers and budgets of each of the respective Towns in Ulster County and the City

of Kingston and any other information as may be required by the County Executive

or the County Legislature; and, be it further

RESOLVED, that the Clerk of the Ulster County Legislature is hereby

authorized and directed to send a certified copy of this resolution to each Town Clerk

in Ulster County and to the Mayor and Clerk of the City of Kingston within ten days

after the adoption of this resolution and approval of the County Executive; and, be it

further

RESOLVED, that the County Comptroller, the Commissioners of the Ulster

County Board of Elections and the Commissioner of Finance are hereby authorized

to take all steps necessary to implement this resolution,

and move its adoption.

- Page 4 -

Resolution No. 404 November 18, 2014

Authorizing The County Of Ulster To Assume The Cost Of

Elections Support From The Towns And City Of Kingston Pursuant

To A Three Year Phased-In Plan

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Legislator Rodriquez left the room at 7:48 PM

and returned at 7:51 PM)

Passed Committee: Ways and Means on November 12, 2014

Passed Committee: Laws and Rules, Governmental Services as amended on

November 17, 2014

FINANCIAL IMPACT:

$194,329.00 – ANTICIPATED 2015 COUNTY APPROPRIATION DOLLARS

2016 AND 2017 – TO BE DETERMINED

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

This is to certify that I, the undersigned Clerk of the Legislature of the County of Ulster have compared the

foregoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said

Legislature on the 18th Day of November, 2014, and that the same is a true and correct transcript of said resolution and of

the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 19th Day of

November in the year Two Thousand and Fourteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

20th Day of November, 2014. 24th Day of November, 2014.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature