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How does the budget process work? When will the budget be set?

Erie County 's budget process is defined in the County charter. Critical dates and actions are:

  • On or before the tenth day of November (Wednesday, November 10, 2004):
    The County Executive must submit a “tentative budget and capital program” to the County Legislature.
  • On or after the tenth day of November (Wednesday, November 10, 2004) through the first Tuesday in December (Tuesday, December 7, 2004):
    The County Legislature may hold one or more public hearings to consider the proposed budget. During this time, they may also adopt changes to the proposed budget.
  • On or before the first Tuesday in December ( Tuesday, December 7, 2004 ):
    The County Legislature must adopt a budget, including any changes. If the Legislature does not change the budget, the budget is adopted at this point.
  • On or before the first Wednesday in December ( Wednesday, December 8, 2004 ):
    If “the budget as passed by the County Legislature contains any additions or increases,” those changes must be presented to the County Executive for his consideration.
  • On or before the Monday preceding the second Tuesday in December ( Monday, December 13, 2004 ):
    The County Executive must submit to the County Legislature his list of vetoes (if any) of the additions or increases approved by the Legislature.
  • On or before the second Tuesday in December ( Tuesday, December 14, 2004 ):
    The County Legislature may override one or more of the vetoes. Two-thirds of all the members of the County Legislature must vote to override the veto, other wise the veto is sustained. The budget, including any vetoes overridden, is then adopted.
  • IF THE BUDGET HAS NOT BEEN ADOPTED ON OR BEFORE THE SECOND TUESDAY OF DECEMBER ( Tuesday, December 14, 2004 )
    The “tentative budget as submitted by the County Executive, plus all additions and increases to which he has failed to object [veto], shall be the budget for the ensuing fiscal year.”

My Property Tax Bill shows a “Library Property Tax.”  How can the County cut this tax?  Isn't it protected?

The County Property Tax for Library Purposes is separately itemized on your property tax bill and does go directly to the Buffalo and Erie County Public Library to support library operations.  Once the levy for a given budget year is set, a local law known as the Library Protection Act prevents the County from reducing that year's allocation. (See below for more information on the Library Protection Act.) However, the amount of the levy is determined each year, first based upon a recommendation by the County Executive that then is subject to review by the County Legislature .  The Legislature may amend the recommendation and change the levy amount in adopting the County Budget .  These changes are subject to the veto and veto override process before a final amount is set.

To address the County's dire financial situation, the County Executive has submitted a Proposed 2005 Budget with a recommended Library Property Tax of $4.9 million ($19.3 million lower than the $24.2 million in the 2004 budget).

Will my property tax bill be less if the proposed $19 million reduction in Library funding is enacted?

No. To implement the reduction, the County will cut the Property Tax for Library Purposes by almost 79%. That percentage of revenue will shift to the general County tax supporting Medicaid expenses. Your property tax bill remains the same, but you will not receive ANY access to your library's collection, services, programs and technology.

Would the Library lose State Aid if $19 million in County funding is cut?

Yes. Unfortunately, the more than $19 million reduction in County funding would result in both individual libraries and the B&ECPL System itself failing to meet the minimum standards required to receive future State Aid.  The total potential State Aid loss is approximately $2.8 million.

What is the Library Protection Act?

First enacted by the Erie County Legislature in 1992, the Library Protection Act (LPA) was created to safeguard the Buffalo and Erie County Public Library's annual operating funding. Since its first two-year enactment, the LPA has been renewed either annually or biennially through 2007. It is a local law that sets aside a portion of the general property tax previously allocated to the County's General Fund. The “Library Fund” is not an extra tax, just a separate account dedicated solely for Library purposes . The LPA does not mandate funding levels or set a tax rate - - but it does guarantee that Library funds annually approved by the Legislature are protected from reductions during the course of the fiscal year. Prior to passage of the LPA, the Library was subjected to mid-year funding cuts.

The Library Protection Act was recently extended to January 1, 2007 by unanimous vote of the County Legislature.

Could more State Aid be saved if the Central Library were closed and more community libraries were kept open?

No. Since roughly 90% ($2.5 million) of State Aid is for System support, such as specific grants for Central Library services, keeping more individual libraries open would not materially alter the amount of State System Aid at risk.

Library Systems serve individual libraries in a role similar to that performed by BOCES (Board of Cooperative Educational Services) for school districts. At the B&ECPL those functions, housed at the Central Library, serve every library in the System. System services include the online catalog, circulation system, answering telephone and email reference questions, electronic databases, automation, acquisition, cataloging, preparing library materials for circulation, repairing damaged materials, program development, inter-library loan and moving requested books and other library materials among the 52 libraries in the System.

These services are provided to all libraries in the B&ECPL System without additional charge. Further, the individual libraries in the B&ECPL do not have to pay for their books, audio and video materials, which are purchased and paid for centrally. To supplement State Aid that has been essentially stagnant for years, other library systems in New York State charge individual libraries fees depending upon the type and level of service received. For example, an individual library might pay a fee for an online catalog/request service, or it might elect not to offer certain online features to their users.  For the individual libraries in those systems, this is in addition to funding the purchase of computers and most of their books, audio and video materials.

Individual libraries could not function without these services, and the cost of these services on an individual basis would likely be higher because of the loss of “group purchasing power.”

Can you take the $15.5 million planned for the Central Library Renovation and the $2.5 million discussed for the South Buffalo Library project and use that to offset the $19 million cut?

No.  First, much of the $15.5 million has NOT yet been raised.  The Central Library Renovation is a multi-year, multi-phase capital project.  Donations of $1 million have been applied and County Funding of $4.8 million has been approved, for a total of $5.8 million.  Nearly $3 million of that amount was committed after a public bidding process in spring 2004.  That construction is underway now.  The remaining $9.7 million has yet to be approved or otherwise secured.

Second, County funding for the renovation project is in the form of long-term tax-exempt bonds that, by federal and state law, may be used ONLY for the intended project. 

Third, the potential source of funding for the new South Buffalo library construction project is from the County's Tobacco Settlement proceeds.  These are restricted by the provisions of the Tobacco Securitization agreement to use for capital outlay projects.  They may not be used to support operating expenses.

Finally, all of these funds are “one time” revenues with the bonded portion needing to be repaid over the next 20 years or longer.  Even if it were legal, diverting them to support operating expenses would make no more sense than it would for a homeowner to get a second mortgage to pay one year's utility and grocery bills.

Why are you renovating the Central Library?

In addition to being more than 40-years-old, much of the Central Library's ceilings and structural beams are treated with materials that contain asbestos.  This material must be removed safely before it deteriorates.  Erie County has been funding asbestos abatement in the Central Library for more than a dozen years.  Asbestos abatement cannot be avoided or delayed indefinitely.  Even if a building is to be demolished, asbestos must first be abated/removed.

Each phase of the proposed renovation starts with sealing off an area of the library buliding and carefully removing the asbestos.  This process leaves a clean “shell” space that must have the inner walls, ceilings, ventilation, lighting, etc. rebuilt.  Rather than simply rebuilding the space “as is” (with 1964 fittings and finishes), the Library is taking this opportunity to reconfigure the space to better meet 21st century needs.

Why are we putting a café in the Central Library as part of the renovation?

The café will generate commission and rental income for the Library in addition to providing a place for visitors to enjoy a beverage or a bite to eat while using the library.  Minimum rental income will be $6,000 per year and will grow as a percentage of sales based upon the business generated by the café.  The café operator was selected in a competitive RFP (Request for Proposals) process and is responsible for providing the staffing as well as the specialty equipment (ovens, sinks, coffee makers, refrigerators, etc.) needed to operate the café. 

Is the Library building a multi-million dollar parking structure?

No.  While parking availability around the Central Library is a concern, there is no project or funding in place.  In a previous County Capital Budget process, the Library requested funding to evaluate parking options and subsequently construct a solution recommended by the evaluation study.  That study was not funded.

The Library has expressed interest in collaborating with the County and Erie Community College should an expansion of the downtown college campus move forward.  That planning effort is still in its early stages, however, and no formal role for the Library has been established.


Buffalo & Erie County Public Library * 1 Lafayette Square * Buffalo, NY 14203 * (716) 858-8900 * Fax: (716) 858-6211
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