Called to Order

 Mr. Koplinka-Loehr called the meeting to order at 11:32 a.m.

Changes to the Agenda

 The following items were added to the agenda:

 Resolution – Appropriation from Contingent Fund to Purchase a Replacement Chiller for Biggs A
 Resolution – Reduction of Hours and Filling of Workforce Transition Specialist Position – Tompkins County Office of Employment and Training
 Resolution – Requesting Amendment to New York State Tax Law to Permit Tompkins County to Collect a 0.25 Percent Mortgage Recording Tax for General County Purposes
 Approval to Fill Vacancies – Sheriff’s Department

Approval of Minutes of June 22, 2004

 It was MOVED by Mr. Penniman, seconded by Mr. Todd, and unanimously adopted by voice vote by members present, to approve the minutes of June 22, 2004 as submitted.  MINUTES APPROVED.

Report from the Finance Director

 Mr. Squires distributed a Contingent Fund Report dated July 13, 2004.  The balance, which reflects pending resolutions, is $617,833.  He stated the County is in good shape at this point in time as its cash positions are substantially higher than had been anticipated at this point in the year.  He spoke of sales tax receipts and said he received the final second quarter payment.  On a year to date comparison, the County’s sales tax receipts are 14 percent above last year.  This percentage translates into $1.5 million over budget at the six-month mark.

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman, to add the resolution entitled Appropriation from Contingent Fund to Purchase a Replacement Chiller for Biggs B.

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to approve the following resolution to the agenda and submit to the full Legislature for approval:

RESOLUTION NO.     – APPROPRIATION FROM CONTINGENCY FUND TO  PURCHASE A REPLACEMENT CHILLER FOR BIGGS “B”

  Mr. Whicher presented the Committee with two options the County has to replace this chiller.  Option 1 for a new 100-ton chilller would cost $68,579 with a life expectancy of 20 years; Option 2 for Window AC units (70 units at$35 each) would cost $35,480 with a life expectancy of five years.   It was noted these are estimates and do not include maintenance costs.   The document which was prepared by Gil Tunney, Assistant Director of Facilities, recommends the following:

1. The window units would not be able to satisfy the occupants cooling needs fully.  They are, at best, a band aid until something better can be done.
2. The central chiller is more efficient than the window units.
3. If the building was remodeled, the chiller could be re-used in the new configuration.  It may be difficult, however, to move it to a new building.
4. If the building was sold, the presence of a cooling plant may make the building more salable.

 The only other things that need to be taken into consideration are:

1. The Facilities budget will not be able to handle this expense at is current level.
2. The long-range space plan needs to be considered in this decision.

 Mr. Whicher said he recommends the Legislature approve the following resolution.  A voice vote resulted as follows:  Ayes – 4, Noes – 0, Excused – 1 (Legislator Booth).  MOTION CARRIED.

WHEREAS, a catastrophic failure of the chiller for the air conditioning system at Biggs “B” occurred on Friday July 9, 2004, and
WHEREAS, replacement of the chiller is the most cost effective means of providing properly conditioned air, and
WHEREAS, the Facilities Division does not have the budgeted funds necessary to cover the anticipated costs, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget and Capital Committees, That the Tompkins County Legislature hereby approves the purchase of a replacement chiller,
 RESOLVED, further, That the Direct or of Finance is hereby authorized and directed to make the following budget appropriation:

 FROM:  A1990.54440  Contingent Fund    $70,000
 TO:     1620.52220  Departmental Equipment $70,000
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RESOLUTION NO.     - APPROVAL OF WATER AGREEMENT BETWEEN COUNTY OF TOMPKINS, COUNTY OF CORTLAND,
                                          TOMPKINS CORTLAND COMMUNITY COLLEGE, TOMPKINS CORTLAND COMMUNITY COLLEGE
                                          FOUNDATION, INC., AND VILLAGE OF DRYDEN

 It was MOVED by Mrs. McBean, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to approve the following resolution and submit to the full Legislature.  Mr. Ross noted there are no changes to the existing contract; this is basically an update.  It was requested that a copy of the agreement be placed on file in the Legislature Office prior to adoption by the full Legislature.

WHEREAS, the Village of Dryden has provided water from its municipal water system to Tompkins Cortland Community College and Tompkins Cortland Community College Foundation, Inc., pursuant to a contract between Tompkins County, Cortland County, and the Village of Dryden dated November 9, 1973, and
WHEREAS, said contract expired on November 9, 2003, and
WHEREAS, all parties desire to renew said contract upon the terms and provisions contained in the agreement dated November 2003, and
WHEREAS, the supply of water and pressures thereof in the Village mains have been and are anticipated to continue to be adequate and sufficient for the normal use of water to be required by the College for its property and the Foundation for its property, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature approves the water agreement between County of Tompkins, County of Cortland, Tompkins Cortland Community College, Tompkins Cortland Community College Foundation, Inc., and Village of Dryden,
 RESOLVED, further, That this Resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature.
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RESOLUTION NO.     - ADOPTION OF 2004-2005 OPERATING BUDGET - TOMPKINS CORTLAND COMMUNITY COLLEGE

 MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne.  Mr. Haynes briefly described highlights of the College’s operating budget,  He stated the budget contains a $75 tuition increase, there is a 4 percent increase in enrollment (3,100 annualized FTE’s), a staff increase of 1.25 FTE.  He said two positions will not be filled until mid-year in order to realize a savings and that they hope to see some savings from retirement.  The College has 223 total staff; the proposed increase represents less than one percent.  He also said the College has been outsourcing a lot of maintenance work but will now be doing more in-house in order to save money.  Ms. Kiefer asked whether there is a trend ____ of adjunct teachers  and Mr. Haynes said unfortunately, yes.  Ms. Kiefer requested that the College include information on the adjunct  ratio during its budget presentation next year.  A voice vote resulted as follows:  Ayes – 4, Noes – 0, Excused – 1 (Legislator Booth).  MOTION CARRIED.

WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2004, through August 31, 2005, has been presented to the Legislature of the County of Tompkins pursuant to County Law and Section 6306 of the Education Law, and
WHEREAS, the Legislature has conducted a public hearing on said proposed budget on the 20th of July 2004, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That said proposed 2004-2005 operating budget in the amount of $23,902,200 of which the sponsoring community contribution is in the amount of $3,431,250 be and the same hereby is approved,
RESOLVED, further, That the Legislature of Tompkins County includes in the 2004 Tompkins County Budget an amount to be determined pursuant to the approved plan for said College in effect as of September 1, 2004, and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 2005,
RESOLVED, further, That this resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature.
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RESOLUTION NO.        - SUBMISSION OF OFF-TRACK BETTING AS PROPOSITION FOR 2004 GENERAL ELECTION

 MOVED by Mr. Penniman, seconded by Mr. Todd.

 Mr. Penniman suggested the following addition in language to the last RESOLVED, following the word “Corporation”:  “to supplement County revenues and reduce property taxes”.  Ms. Kiefer suggested adding the following phrase to Mr. Penniman’s language:  “and thereby claim OTB revenues already being generated by Tompkins County residents but not being received by Tompkins County”.  A question was raised as to whether there were legal requirements relative to the length of the wording that may appear on the ballot.  Mr. Koplinka-Loehr said he would discuss this with the County Attorney.   A voice vote resulted as follows:  Ayes – 4, Noes – 0, Excused – 1 (Legislator Booth).  MOTION CARRIED.

 WHEREAS, a petition was filed with the Clerk of the Tompkins County Legislature by more than ten percent of the total vote of the qualified electors of the County as required by statue, requesting that a referendum vote be taken on Resolution No. 181 of 2003, Joining the Catskill Region Off-Track Betting Corporation, and
 WHEREAS, on the 5th day of November, 2003, said Clerk certified that said petition(s) did comply with the law in numbers and form, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That Resolution No. 181 of 2003, Joining the Catskill Region Off-Track Betting Corporation, be submitted to the qualified voters of the County to vote in the manner prescribed by law at the general election to be held November 2, 2004,
 RESOLVED, further, That the form of the proposition to be submitted shall be as follows:
 "PROPOSITION TO JOIN THE CATSKILL REGION OFF-TRACK BETTING CORPORATION."
 "Shall Resolution No. 181 of 2003, authorizing the County of Tompkins to join the Catskill Region Off-Track Betting Corporation, pursuant to Chapter 865 of the Law of 1982, as amended, be approved?"
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 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Todd, and unanimously adopted by voice vote by members present, to approve the following resolution and submit to the full Legislature:

RESOLUTION NO.        - APPROPRIATION FROM CONTINGENT FUND AND AUTHORIZATION TO EXTEND THE DOMESTIC
                                             VIOLENCE PREVENTION COORDINATION PROGRAM THROUGH JANUARY 2004

 WHEREAS, the Tompkins County Court has launched the Integrated Domestic Violence Court (IDVC) effective December 2003, and
 WHEREAS, the Courts have received grant funding for two positions to assist the IDVC, and
 WHEREAS, a position for Resource Coordinator is one of the two positions funded, and
 WHEREAS, the position has been funded effective late January, 2004, and
 WHEREAS, Tompkins County decided to continue its commitment to domestic violence prevention coordination until such time as the Court received state funding for the IDVC and set monies aside in the contingency fund to support this effort, now therefore be it
 RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Domestic Violence Prevention Coordinator position be extended through January 25, 2004, and
 RESOLVED, further, That the Director of Finance is directed to make the following budget appropriation for 2004:

From: Revenue A1990.54400  Contingency Fund $7,364
To: Appropriation A3991.51000185 Domestic Violence $5,298
      Prevention Coordinator
   A3991.58800  Fringes   $2,066
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RESOLUTION NO.    - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY- FACILITIES DIVISION

 MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne.  A question was raised about current reimbursement policy since it appears that a department must cover the cost of replacement pay for up to eight weeks, but if the replacement lasts more than two months the department need pay zero, which seems strange.   A request was made to include the policy in the July 20 Legislature agenda packet.  A voice vote resulted as follows:  Ayes – 4, Noes – 0, Excused – 1 (Legislator Booth).  MOTION CARRIED.
 

 WHEREAS, a Cleaner in the Facilities Division has been absent from work for longer than two months, and
 WHEREAS, County Fiscal Policy allows the appropriation of contingency funds for the cost of replacing this employee, and
 WHEREAS, the cost of unbudgeted replacement pay in the amount of $9,259 has been incurred by the Facilities Division for the period of February 26, 2004 - June 4, 2004, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:

 FROM:      A1990.54400  Contingency Fund $9,259
 TO:            A1620.51000  Regular Pay  $6,614
                   A1620.58800  Fringes   $2,645

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 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Todd, and unanimously adopted by voice vote by members present, to approve the following resolution and submit to the full Legislature.  It as not known whether the Department completed the required form for requesting a position be filled.  Staff agreed to look into this and include a copy in the July 20 Legislature agenda packet.

RESOLUTION NO.  e    -  REDUCTION OF HOURS AND FILLING OF TRANSITION WORKFORCE SPECIALIST POSITION  – TOMPKINS
                                              COUNTY OFFICE OF EMPLOYMENT AND TRAINING

WHEREAS, in 2003 the Lansing School District contracted with the Tompkins County Office of Employment and Training for a transition program at the Tompkins County Jail, and
WHEREAS, funding for the program was made available to the Lansing School District through Carl D. Perkins vocational education funding (federal funding) and renewal of the contract with Lansing School District occurs annually, and
WHEREAS, the funding is used to provide workforce preparation services to the incarcerated population upon release, services include: skills assessment; links to training opportunities; facilitated job search; one-on-one case management and follow up after release, and
WHEREAS, the program runs simultaneously with the G.E.D. services offered by the Lansing School District in an effort to maximize services rendered to jailed recipients, and
 WHEREAS, an unexpected change in staffing within the Office of Employment and Training has resulted in insufficient staff to carry out the objectives of the contract, and
WHEREAS, if additional staff is not hired the contract with Lansing School District will have to be terminated resulting in either no program being offered to the incarcerated population at the Tompkins County Jail or deferring that program until another service provider is found, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and Budget and Capital Committees, That the position of Transition Workforce Specialist, Labor Grade L (12) 12-783, at 40 hours per week be reduced to 35 hours effective immediately,
RESOLVED, further, That the position be filled immediately,
RESOLVED, further, That the position will be funded through grants and no local share is needed.
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Capital Program

 Ms. Thomas distributed copies of a sample Project Approval Request Form and of a summary sheet containing new and proposed capital projects, which she said would now be distributed to Legislatures instead of PAR forms for each capital project.  Mr. Koplinka-Loehr noted this is a change in the manner in which legislators have received information in the past and asked for feedback.   Suggestions were made to transfer information containing operational costs and impacts, such as increased staff and facilities costs, to the summary sheet, as well as departments affected.  Staff will look into this.  The Committee accepted the change with the understanding that PAR forms would be provided to any legislator upon request; Mr. Penniman and Ms. Kiefer said they want the PAR form.

Budget Calendar

 Mr. Koplinka-Loehr called attention to the Draft Expanded Budget Committee calendar and asked that feedback be submitted as soon as possible.

Personnel

 Ms. Kominos, Benefits Manager, reported the County is seeking proposals for claims administration services for pharmacy benefits for County employees. The purpose of doing this now is because the County is near the beginning of a negotiation period.  She said this is also an opportunity to find out if the County can receive a better price for these services or reaffirm the current vendor is the best for the County at the present time.  She distributed copies of the Request for Proposals, which was accepted with minor wording changes.

Position Request

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to approve a request by the Sheriff’s Office to fill positions of Corrections Sergeant and Corrections Officer by allowing the two incumbents to switch positions.

Staffing Report

 Ms. Fitzpatrick distributed copies of information pertaining to personnel changes for June and July, 2004.   The total number of County employees is 798 with 706 being full-time equivalent.  H reported she has made staffing changes in her Department following the retirement of a staff person.  Ms. Kominos was reclassified to the position of Benefits Manager which no longer acts as Deputy Commissioner,  and Stephen Estes reclassified to Deputy Commissioner of Personnel.  As a result of these position reclassifications, there will be no new hires and will result in a savings to the Department.
Report from the Strategic Planning Group

 Mr. Penniman reported the group has met four times and is recommending the County pursue this.  It is a two-phase process that will involve more global planning discussion in the next three months followed-up by specific issues in the second phase (December, 2004 thru March, 2005).  He will provide the full Legislature with a report at the July 20 meeting.  Mr. Whicher reported Tompkins Cortland Community College has agreed to provide staff support to this group.

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Todd, and unanimously adopted by voice vote by members present, to add the following resolution to the agenda.   The resolution was then MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne, for discussion.

RESOLUTION NO.           - REQUESTING AMENDMENT TO NEW YORK STATE TAX LAW TO PERMIT TOMPKINS COUNTY TO
                                                COLLECT A 0.25 PERCENT MORTGAGE RECORDING TAX FOR GENERAL COUNTY PURPOSES

 Ms. Kiefer said the County’s 2004 budget includes $172,000 revenue from this tax and hopes the revisions she has made will satisfy the concerns and needs of those who previously objected to this.  There were several questions raised such as who would create the form necessary for this, how would it be known whether the party was a first-time homeowner, and who would prepare exemption form.  It was stated the lender would have most of the information and that many of the technical issues could easily be worked out.  Mrs. McBean-Clairborne recalled some people having an objection because it was not the intention to share any of this revenue with the City.  Mr. Squires said there is a legal definition of what a mortgage is; however, he questioned who would be interpreting the definition of a home.  Mr. Penniman said he would like to hear more about this and how it could be done.  He said Mr. Marx, Deputy Administrator, had an idea to develop a grant program; however, the County Attorney ruled this was not legal.   Ms. Kiefer stated this maybe the last opportunity to act on this, as it requires action by the State Legislature.  A voice vote resulted as follows:  Ayes – 3 (Koplinka-Loehr, McBean-Clairborne, and Penniman); Noes – 1 (Todd); Excused – 1 (Booth).  MOTION CARRIED.

 WHEREAS, under New York State Tax Law, a 3/4 percent Mortgage Recording Tax (MRT) is already being collected in Tompkins County, and
 WHEREAS, Tompkins County government is now facing unprecedented fiscal challenges in meeting its obligations to provide needed services to Tompkins County residents, and believes it necessary to increase local revenues, now therefore be it
WHEREAS, in order to encourage home ownership for low  - and moderate income residents, it is desirable to exempt from this mortgage recording tax the first $100,000 of mortgage borrowing for first-time home owners whose income is below eighty percent of the median income within Tompkins County, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature requests an Amendment to New York State Tax Law to provide that revenue from an additional 1/4 percent Mortgage Recording Tax be collected in the County of Tompkins and be paid to the County Treasurer for deposit into the General Fund,
 RESOLVED, further, That with the approval of the County Legislature, the revenue from this 1/4 percent Mortgage Recording Tax can be used for any County purpose,
 RESOLVED, further, That this amendment to the New York State Tax law shall be effective immediately.
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Adjournment

 The meeting adjourned at 1:07 p.m.
 
 

Respectfully submitted by Michelle Pottorff, Legislature Office