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County may receive tax payments

Attorney: Regulating district wins court fight

December 11, 2012
By JOHN BORGOLINI , The Leader Herald

JOHNSTOWN - Fulton County Attorney Arthur Spring told the Board of Supervisors on Monday the county can expect $1.66 million in taxes owed by the Hudson River-Black River Regulating District by the end of February.

Spring told the board the five downstream counties that the regulating district is trying to charge for flood prevention had their appeal denied in court, and the regulating district will begin receiving payments from those counties.

The district is trying to find a new way to get revenue after it lost its traditional source of revenue when a court ruled in 2008 it no longer could tax downstream hydropower companies.

Board of Supervisors Chairman Michael Gendron said Spring's announcement was the first he had heard about an agreement. He wouldn't comment about it.

"I think it would be foolish of me to comment on something I haven't read and hasn't been explained to me," Gendron said.

Mark Schachner, who is representing the five downstream counties, said today the issue has not been resolved.

"All I can say is the settlement discussions are still ongoing," Schachner said.

The appeal process began in March 2010, when the five downstream counties - Albany, Rensselaer, Saratoga, Warren and Washington - argued they shouldn't have to pay for the flood-prevention services the regulating district said the Conklingville Dam provides for the counties.

Without a funding source, the regulating district has failed to pay its property taxes.

Over the summer, Fulton County paid taxes owed by the regulating district to Broadalbin-Perth school district worth $230,107; the Mayfield school district worth $372,036; and the Northville school district worth $337,981.



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