LOCKPORT — Niagara County Treasurer Kyle R. Andrews will keep 80 percent of the commissions he earns working on estates of people who die without wills and pay 20 percent of his take to the county.

The County Legislature’s Administration Committee approved the plan without discussion Tuesday, and the full Legislature is expected to follow suit next Tuesday.

The plan replaces a proposal to pay Andrews a flat $25,000 a year to handle estates, on top of his regular $82,775-a-year salary. The commissions, which are calculated through a formula set by state law, still would have been taken out of the estates, but they would have gone in full to the county.

However, Andrews’ stipend plan proved unpopular. Speakers at the July 27 meeting of the County Legislature accused him of trying to pad his pension, even though he is only 30 years old, and the pressure kept up on local radio talk shows.

The State Comptroller’s Office never responded to Andrews’ request for an opinion on whether the stipend counted toward his pension.

Under the new plan, Andrews may well increase his income above the amount he would have made with the $25,000 stipend.

His predecessor, David S. Broderick, racked up an average of $51,069 per year in estate commissions between 2003 and 2008, a state audit showed. Eighty percent of that would be $40,855.

The commissions are taxable income, but they don’t count toward pension credit.

The 20 percent payment is meant to reimburse the county for the cost of Treasurer’s Office staff time spent working on estates.

“The percentage-based resolution should address any questions on pension benefits, payroll taxes and the ebbs and flows of the public administrator function,” Andrews said.

“There is no public hearing on this,” said Legislature Chairman William L. Ross, C-Wheatfield.

On another matter, Andrews said the county made a profit on Saturday’s property tax foreclosure auction, where 113 parcels were sold.

Andrews said the total bids of $715,160 were $257,450 more than the sum of the unpaid taxes that led to the foreclosures.

In addition, 34 parcels were saved from being auctioned when the owners paid the back taxes, interest and penalties. That brought in an additional $421,714, Andrews told the committee.

tprohaska@buffnews.comnull