Chair Joseph called the public hearing to order at 5:30 p.m. concerning the 2004-2005 Tompkins Cortland Community College Operating Budget, and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m.
Called to Order
Mr. Joseph called the meeting to order at 5:31 p.m.
Roll Call of Members and Pledge of Allegiance to the Flag
Members and guests participated in the Pledge of Allegiance to the Flag.
Present: 12 Legislators. Mr. Booth arrived at 5:36 p.m.; Mrs. McBean-Clairborne arrived at 5:45 p.m.; and Mr. Koplinka-Loehr arrived at 6:53 p.m. Mr. Winch was excused at 7:45 p.m. Ms. Schuler was excused at 8:42 p.m.
Privilege of the Floor by a Municipal Official
No municipal official was in attendance to speak.
Privilege of the Floor by the Public
Paul Eberts, Ithaca, spoke in regard to the Tompkins County Jail and decisions that have been made by the Commission on Correction. He stated he is very glad this Legislature is trying to study the issue in great detail in order to make an informed judgement. He also spoke of the alternative to incarceration programs and feels that while they are relatively new, they appear to be working.
Presentation of Distinguished Youth Award
Ms. Blanchard, District No. 1 Legislator, presented Boy Scout Troop No. 1 with the July Distinguished Youth Award. Ms. Blanchard said the Troop was organized in 1917 and has been charted to St. Paul’s United Methodist Church for the last seven years. Most of the scouts in the first generation were from Southeast Asian immigrant families, and many of them who are now members of the community. Troop 1 has included boys from all racial, ethnic, and socio-economic backgrounds and family types found in Ithaca. Ms. Blanchard said some of the reasons she has selected this Troop is because of its commitment to service projects in Ithaca. In particular, she spoke of the overnight repainting of bus shelters they have done in downtown Ithaca. She said scouting provides a safe outlet for kids and opportunities for adventures, and they learn to become responsible members of the community.
Privilege of the Floor by Legislators
Mr. Winch, District No. 8 Legislator, announced the Seventh Annual Farm City Day will be held on July 24th from 11 a.m. to 4 p.m. It will be hosted by the Fouts Farm, which is located between Groton and Cortland.
[Mrs. McBean-Clairborne arrived at 5:45 p.m.]
Ms. Robertson, District No. 13 Legislator, reported last week
there was a two-day retreat on youth and the juvenile justice system in
Tompkins County. As a result of a grant from the New York State Office
of Child and Family Services that was secured by Maryanne Banks of the
Department of Social Services, there were various experts who came to speak
about alternative programs for youth in trouble. The event was very
well attended by representatives of County departments, agencies, and schools
across Tompkins County.
Ms. Robertson, District No. 13 Legislator, expressed deep sorrow to the family of Rere Hassett, a TC3 Professor and community activist, who recently passed away. Ms. Robertson said Ms. Hassett was very involved in PushBack, Cooperative Extension, and other groups in the community and will be greatly missed. A memorial service will be held on July 22 at 7 p.m. at Stewart Park.
Mrs. McBean-Clairborne, District No. 2 Legislator, also spoke of Rere Hassett. She said Ms. Hassett meant a lot to this community and had a lot of hope and aspiration for what she wanted to see happen in Ithaca and Tompkins County relative to race relations and human relations.
Mr. Proto, District No. 7 Legislator, reported Senator Schumer has weighed in heavily on the Farm Service Agency on the side of the County Legislature. Mr. Proto acknowledged Senator Schumer and Amanda Phellassy from his office on getting this information out. Mr. Proto called attention to Mr. Koplinka-Loehr’s plans to swim the length of Cayuga Lake on August 13th and stated Gino Bush and Jeff Furman will be also raising money at the same time for the Circle of Recovery. They will be rocking in their rocking chairs from August 13 through August 14 and are now in the process of distributing pledge forms.
Ms. Schuler, District No. 4 Legislator, reported that local radio station’s sport report announced today that the “Athlete of the Week” was Mitch Kippola, (son of Jackie Kippola, Contracts Coordinator). Mitch is a ballplayer in the Cal Ripkin 12 and Under Baseball League” and in the last two weeks, at the District 3 Championship and the Western NY Tournament he pitched a total of 18 strike-0outs, hit four homeruns and several R.B.I.’s
Approval of Resolution(s) on the Consent Agenda
It was MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to approve the following resolution(s) on the Consent Agenda:
RESOLUTION NO. 144 - REJECTION OF BID – TRANSIENT APRON REHABILITATION - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Finance Department has duly advertised for bids to rehabilitate
the Transient Apron at the Ithaca Tompkins Regional Airport, and
WHEREAS, one (1) bid was received on July 7, 2004, from Suit-Kote Corporation
of Cortland, NY in the amount of $1,560,351.50, and
WHEREAS, said bid was over fifty percent (50%) higher than the
design engineer’s estimate and considered by our consultant, C&S Engineers,
to be excessive, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the bid from Suit-Kote be rejected and the Finance Department be directed
to seek bids during the winter of 2004/2005 when lower bids can be anticipated.
SEQR ACTION: TYPE II-2
RESOLUTION NO. 145 - INCREASE IN HOURS – IMPLEMENTATION COORDINATOR – TOMPKINS COUNTY OFFICE OF EMPLOYMENT AND TRAINING
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, a 0.5 FTE Implementation Coordinator position was created in
May 2000, for the purpose of implementing the One-Stop Implementation Grant
and other grants as they were received, and
WHEREAS, the position has always been and remains funded solely through
grants, and
WHEREAS, the Tompkins County Office of Employment and Training recently
received a grant from the National Retail Foundation to implement and market
the new sales and service training center located at the Tompkins Workforce
New York Career Center, and
WHEREAS, the Implementation Coordinator will be implementing that grant
as well as others that have been received by the Office of Employment and
Training and it requires an increase in hours in order to fully carry out
the objectives of these grants, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality Committee, That the hours of the Implementation Coordinator, (912/748),
labor grade L (12), be increased from 20 hours per week to 25 hours,
RESOLVED, further, That the hours of the Implementation Coordinator
will be reduced when and if grant funding is no longer available to fund
the position.
SEQR ACTION: TYPE II –20
RESOLUTION NO. 146 - REDUCTION OF HOURS AND FILLING OF TRANSITION WORKFORCE SPECIALIST POSITION – TOMPKINS COUNTY OFFICE OF EMPLOYMENT AND TRAINING
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda.
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.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 147 - BUDGET ADJUSTMENTS – WORKFORCE DEVELOPMENT
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda.
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Director of Finance be directed to make the following budget adjustment on his books:
BUDGET ADJUSTMENT
Workforce Development
Revenue Acct Title
Amt App. Acct.
Title(s) _____
CD6290.44790 Federal Revenue $ 12,795 6290.54400
Program Expense
CD6290.44790 Federal Revenue $ 59,118 6290.54491
Subcontracts
CD6290.44790 Federal Revenue $ 2,500 6290.52206
Computer Equipment
CD6290.44790 Federal Revenue $
500 6290.52230 Software
Explanation: Additional funding was received for the 2004 TANF
Summer Youth Program. This was based on a change through the federal
government's formula. The funds will be used to offset administrative
costs. Additional funding will be used for the purchase of two new
computers for use by the Executive Director and Administrative Assistant.
Due to past budget constraints, computer upgrades have not occurred.
This will keep the Department in line with their equipment replacement
plan.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 148 - 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
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda.
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.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 149 - PROGRAM RECONFIGURATION CHANGE – DIRECTOR OF DISPATCH CENTER - MOVE FROM COUNTY ADMINISTRATION TO EMERGENCY RESPONSE
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, Resolution No. 5 of 2002, created a position of Director
of Dispatch Center (85/182), labor grade O (15), standard work week 40.0
hours in the office of the County Administrator, and
WHEREAS, it is no longer necessary to fund the position through
County Administration (A1230), and
WHEREAS, funding is available in Emergency Response (A3410),
RESOLVED, on recommendation of the Public Safety, Government
Operations, and Budget and Capital Committees, That the position of Director
of Dispatch Center be moved from County Administration to Department of
Emergency Response effective July 1, 2004,
RESOLVED, further, That the Director of Finance be directed to transfer
any charges made after July 1, 2004, relating to the salary and fringes
for this position in County Administration (A1230) to Emergency Response
(A3410),
RESOLVED, further, That the following budget adjustments be made:
Appropriation: A1230.5000182 Director of Dispatch
Center ($23,669)
A1230.58800 Fringes
(9,231)
A3410.5000182 Director of Dispatch Center
23,669
A3410.58800 Fringes
9,231
A3410.54442 Professional Services
(32,900)
Revenue: A1230.42770 Unclassified Revenue
(32,900)
SEQR ACTION: TYPE II-203
Approval of Resolution(s) from the Health and Human Services Committee
RESOLUTION NO. 150 - SUPPORTING HUD APPLICATION FOR EXPANSION OF GREEN STREET CONGREGATE CARE LEVEL II RESIDENCE
MOVED by Ms. Robertson, seconded by Ms. Schuler. A voice vote resulted as follows: Ayes – 12, Noes – 2 (Legislators Todd and Totman); Excused – 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, several human services agencies and County departments
are presently collaborating on a HUD "Continuum of Care" grant application
to address housing issues in our community, and
WHEREAS, one component of the application involves an expansion
of Unity House's Green Street Congregate Care II residence from eighteen
(18) beds to twenty (28) beds, and
WHEREAS, the annual net savings (or cost) to the County will depend
on the SSI eligibility of the particular clients who live at Green Street,
instead of needing emergency shelter. The range will be between a savings
of $241,000 and a cost of $9,940, and
WHEREAS, the Department of Social Services will enter into a contractual
agreement with Unity House to make annual payments of $17,500 to support
a $200,000 mortgage associated with the project, and
WHEREAS, this expansion, if approved, will entitle the partners
to additional Federal funds to support other of the grant's component programs,
now therefore be it
RESOLVED, on recommendation of the Health and Human Services
Committee, That the Department of Social Services is hereby authorized
to sign a letter of intent to provide such fiscal support for the Green
Street expansion, assuming that the grant is approved.
SEQR ACTION: TYPE II-20
MOVED by Ms. Robertson, seconded by Mr. Penniman. A voice vote resulted as follows: Ayes – 13, Noes – 1 (Legislator Schuler); Excused – 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Finance Department, in cooperation
with the Tompkins County Health Department, has duly advertised for proposals
for administration and provision of transportation services to children
ages 0-5 who are enrolled in programs PL-9457 (as authorized by Tompkins
County to attend educational/rehabilitation programs) who reside in Tompkins
County, and
WHEREAS, two qualified proposals were received by the July 7,
2004, deadline, now therefore be it
RESOLVED, on recommendation of the Health and Human Services
Committee, That the contract be awarded to Birnie Bus Service, Inc., of
Syracuse, New York, which was the lower bidder,
RESOLVED, further, That the contract be awarded for a period
of three (3) years commencing September 1, 2004, and terminating August
31, 2007, with the option to renew for an additional two year period, at
the rate of $71.43 per child per day in the first year (which may be adjusted
by no more than the Consumer Price Index annually after that),
RESOLVED, further, That this contract includes one aide per bus,
RESOLVED, further, That the Health Department is authorized to
implement this proposal on behalf of the County, funds are provided for
in Account A2960.54400 and A4054.54400.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 152 - ADOPTION OF 2004-2005 OPERATING BUDGET - TOMPKINS CORTLAND COMMUNITY COLLEGE
MOVED by Mr. Penniman, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present.
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.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 153 – APPROPRIATION FROM CONTINGENCY FUND TO PURCHASE A REPLACEMENT CHILLER FOR BIGGS “B”
MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne. A short roll-call vote resulted as follows: Ayes – 14, Noes – 0, Excused – 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.
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
Budget and Capital Committees, That the Tompkins County Legislature hereby
approves the purchase of a replacement chiller,
RESOLVED, further, That the Director 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
SEQR ACTION: TYPE II-20
Presentation – Public Safety Building
Ms. Blanchard, Chair of the Public Safety Committee, said two years ago the County received proposals from a number of architectural and engineering consultants to help this Legislature come to a solution for the Public Safety Building that could be agreed upon by both the Legislature and Commission of Correction. Jacobs Facilities was hired and has been working with the Public Safety Committee during the last two years. She stated when the Request for Proposals was put out there were the following parameters for their study:
· The County was looking for jail capacity of about 135 with
a plan for expansion to 200 beds;
· Cell spaces that were designed to accommodate a number of
different supervision levels that would address the different classifications
of inmates and also disciplinary measures;
· Expansion and reconfiguration of the law enforcement side
to provide sufficient workspace;
· Adequate program space to accommodate a variety of programs
within the Jail;
· A design that would minimize staffing requirements and facilitate
cost-effective building maintenance, including the potential for environmental
cost-saving initiatives; and
· A design that matched with the County’s financial constraints
and budget considerations.
Ms. Blanchard said the Public Safety Committee has been reviewing this project for the last two years and said the presentation being given this evening is for information only. This Legislature is not being asked to make a decision this evening; however, members are requested to submit any additional questions to the Committee as soon as possible.
At this time Ms. Blanchard introduced Jeff Buck of Jacobs Facilities. Mr. Buck presented each member with a copy of the presentation. The following is an overview of that presentation:
Scope of Work
· Based upon the prior LaBella Study
· Sheriff’s Office and Jail Facilities on current site with
reuse of existing building
· Site is expandable to north and/or east
· Inmate population projections were NOT revisited. Those
projections would have suggested Tompkins County would have a higher inmate
population that it has.
· Target Planning Capacity was established at 196 beds. In January,
preliminary schematic design was at 90 percent of completion with fairly
detailed cost estimates. When a meeting was attended with the Commission
of Corrections the Commission stated a 104-bed solution would not be accepted.
· Since that time there has been an unprecedented increase in
steel and other prices which impacted the budget by negative 9.5 percent.
· Core facilities based on long-range need, housing unit capacity
flexible over time
Mr. Buck said a couple of months ago the Committee decided to look at two new schemes to try to come up with more efficient solutions.
Existing Conditions
· The existing facility is 28,000 sq. ft.; it needs major work.
It is estimated that it will cost $3 million over the next five years to
do repairs needed to continue operating;
· The Jail consists of 73 beds which has been expanded to 103
with variances;
· There is a lack of program/support space; law enforcement
space is overcrowded. There is 28,000 sq. ft. and there should be
58,000 sq. ft.
· Primary Utility system is present; amount of sewage a permit
can be obtained for is still an issue;
· Prior study was limited because it didn’t consider going beyond
the current site boundaries. The Committee has looked at going both
north and to the east to the extent necessary;
· Bearing wall structure limits internal flexibility;
Design
The current facility has no sally port or airlock between the corridors or day-rooms. There is “intermittent supervision”, when officers have to walk down the corridor and look in on an intermittent basis. At this time Mr. Buck presented various housing-unit design options and explained different supervision models.
Staffing Impact in Design Decisions, Primarily in Housing Staff
· Staffing is driving factor. In the long-term operation of a secure facility, approximately 90 percent is going to go towards the operation of the facility, 10 percent is capital costs.
Mr. Buck stated staffing for the housing units that exist today is 22 FTE. This is for housing supervision and recreation related to housing. There are nine housing units – one dormitory and eight subdivided cell areas. The initial schematic design was slightly over the target budget of $18 million for a project budget. Mr. Buck provided an overview of each of the following options:
Option 1 – “Stand Pat”
Option 3-4 – “North Expansion”
Option 5 – “All New Housing” 104 Beds
Option 5X – “All New Housing” 124 Beds
Option 5C – “All New Housing” 136 Beds
Option 6A – “Maximum Reuse” 107 Beds
Option 6B – “Maximum Reuse” 131 Beds
For each of the options presented, Mr. Buck presented information relative to square footage, housing distribution, and a capital cost summary. An options comparison summary and an overall evaluation summary were also presented. Mr. Buck said the Commission on Correction originally stated they wanted the County to present an option with at least 160 beds. Following a meeting Ms. Blanchard attended with the Commission they agreed to review an option for 136; however, they did not state they would find that acceptable. Ms. Blanchard noted it is important to take double-bunking into consideration and that a design capacity for 136 can house 152 with double-bunking. Mr. Buck said at some point after the opening of the Jail, the Sheriff may submit a double-bunking plan to the Commission. If approved, the Sheriff would be permitted to double-bunk up to 25 percent of the capacity in each housing unit if it were designed that way. He also said the Commission has an “80 percent rule”. Because of the different classifications, the Commission deems a Jail is full when it reaches 80 percent of its design capacity.
Mr. Buck concluded his presentation by stating the time has now come for this Legislature to determine an acceptable capacity for the Jail.
At this time members of the Legislature posed questions to Mr. Buck relative to each of the options. During the discussion, the following requests were made for additional information.
Mr. Penniman stated the 106 and 136-bed option have almost the same annual cost. If there was some boarding out under the 106-bed option the County would likely be paying more per year for the smaller facility. He also asked about the potential for boarding in and said it seems reasonable in some of the larger scenarios to include boarding-in revenues. Ms. Blanchard said the Sheriff is researching this question.
Ms. Robertson said she would like to see projections of staffing costs carried out with inflationary adjustment for 20 years. Mr. Buck said the staffing costs as presented include no increase over the years; the figure is $70,890 per officer.
Ms. Robertson raised the issue of classifications; Mr. Buck said he would provide an analysis of what the anticipated population segments would be and how they would fit.
[Mr. Koplinka-Loehr arrived at 6:53 p.m.]
Ms. Blanchard said it would be helpful if Legislators would carefully review the information that has been distributed, formulate questions, and request additional information. She stated the boardout cost line on the matrix that was distributed this evening was specifically left blank because when the Committee discussed boardout costs, an agreement could not be reached on what was a useful number to use, since it is a just a guess how many people would be boarded out. The Committee did agree to an estimate, however, of what the cost per day might be. A cost of $104 per day would not only include the cost that is paid to the host facility, but the vehicle cost, wage rate of the transporting correction officers, phone charges, and classification factors.
Ms. Robertson said the Criminal Justice Advisory/Alternatives to Incarceration Board has been working on outlining a jail population study and will be reporting to the Public Safety Committee in August. Mr. Penniman said he would support any effort to manage the population at the Jail. He expressed concern that the data are showing that without the variances, boarding-out costs would have been in excess of $750,000. He said he is hoping a process can be developed for estimating the Jail population and projecting those costs.
Mr. Lane asked if the County were to go back to extensively boarding-out prisoners, what the impact would be on road patrol officers. He asked if they would be exempt from transportation or will the County need to rely on those officers to transport inmates.
In response to a comment that Chatauqua County is building a new jail with more than 25 percent double-bunking, Mr. Jacobs said he would look into that.
Mr. Booth said this Legislature can spend a lot of time analyzing information, but questioned what it will accomplish if the Commission is not going to change its mind.
Chair’s Report and Appointment(s)
Mr. Joseph said a couple of meetings ago he appointed a Strategic
Planning Committee and asked Mr. Penniman to report on what has taken place
since that time. Mr. Penniman stated the Committee consisting of
Peter Penniman, Michael Koplinka-Loehr, Frank Proto, Steve Whicher, and
Wendy Skinner, has met four times and said they looked at strategic planning
and took a long look at what the County does as a county government.
Mr. Penniman said they also looked at those things the County does not
do on a day-to-day basis. They have held interviews with potential
consultants and now have a recommendation to move forward with a three-stage
process. The first stage would take about three months and look at
the big picture and work on goal-setting. The second phase would
be meeting several times to discuss specific issues in more detail that
were identified in the first stage. Ms. Kiefer agreed that
spending several months to list big items, such as which roads should be
County roads, would be helpful because we don’t get to take a broad look
in the everyday press of County business, but that is different from developing
a strategic plan. Mr. Booth asked Mr. Koplinka-Loehr what a strategic
plan is, and Mr. Koplinka-Loehr said it is identifying what isn’t being
done, but it’s not a comprehensive plan process. Mr. Joseph sees
it as a systematic look for efficiencies, and policy setting and making
sure all we do conform to those goals. He said the strategic
planning Committee recommends there be a Steering Committee. At this
time Mr. Joseph appointed the following Strategic Planning Steering Committee:
Strategic Planning Steering Committee
Peter Penniman
Michael Koplinka-Loehr
Frank Proto
Steve Whicher
A Department Head to be chosen by the department heads
Mr. Joseph referred to his earlier commitment to study the appropriateness of a local income tax and he appointed the following Committee and distributed a written charge:
Local Income Tax Committee
Larry Baum
Andy Sciarabba
Bill Myers
Noel Desch
Mike Hall
Jim Brown
Pat Johnson
Debbie Jordan
Support: Wendy Skinner
Cathy Covert
Brad Edmondson
Report from the County Administrator
Mr. Whicher reported CSEA has requested the County move into negotiation for the upcoming contracts. At this time Mr. Joseph appointed the following Legislators to serve on CSEA negotiating committees:
Ms. Kiefer, Blue Collar
Mr. Winch, White Collar
Mr. Lane, Tompkins Cortland Community College
Report from the County Attorney
Mr. Wood reported the lease with Ithaca College for the telecommunications site has been completed and was signed by both parties. The Memorandum of Understanding with the City for Emergency Dispatchers has also been completed and signed by both parties.
Report from the Finance Director
Mr. Squires said he distributed information relating to sales tax and stated receipts currently exceed the budgeted amount by $1.3 million. He said he also received a letter from the State Comptroller stating the State is undertaking a study and will be including the IDA (Industrial Development Agency). It appears they want to analyze job creation, goals, and performance of IDA’s.
Recess
Chair Joseph declared recess from 7:38 p.m. to 7:57 p.m. Mr. Winch was excused at 7:45 p.m.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on July 6 and most of the business will be reflected in resolutions that will come before this Legislature at future meetings. He said the Capital Program presently goes through a Project Approval Request form and this year an attempt is being made to streamline that process. A clearer summary sheet will now be distributed to legislators; however, copies of full PAR forms will continue to be available. Mr. Koplinka-Loehr said the Committee discussed and approved a request for proposals for pharmacy benefits and administrative services claims, granted a request by the Sheriff’s Department to fill two positions, and received an update on staffing changes in the Personnel Department.
RESOLUTION NO. 154 - ENDORSING AMENDMENT TO NEW YORK STATE TAX LAW IN RELATION TO AUTHORIZING THE COUNTY OF TOMPKINS TO IMPOSE A COUNTY RECORDING TAX ON OBLIGATION SECURED ON A MORTGAGE ON REAL PROPERTY AND EXEMPTING THE FIRST ONE HUNDRED THOUSAND DOLLARS FROM SUCH TAX
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Kiefer.
Mr. Lane said this Legislature voted down a mortgage tax proposal earlier in the year. Although he feels this is an attempt to address some of the issues that were raised, he doesn’t think this is workable and is being rushed through.
Mr. Proto asked Mr. Whicher to provide his best estimate as to how the 2005 budget looks at this time. Mr. Whicher stated he has reviewed the over-target requests, which amount to approximately $2.5 million. He said as he works to construct the three percent scenario that was requested, there is about $1,922,000 available for those requests and there is $2 million available in additional surplus monies. He said he does not want to tap those surplus monies because there is still no State budget, there are still contracts that have to be settled, and 2006 appears to be difficult. Mr. Proto also referred to the fourth Whereas and asked what the dollar impact would be. Mr. Koplinka-Loehr said the impact would be between $40,000 to $80,000 less income per year.
Mr. Penniman stated he opposed this tax up until now. He said the exemption of some low-income homebuyers makes this more preferable than the property tax. He said he spoke to a banker who stated this would not be difficult to implement and those who qualify could be identified easily.
Ms. Filiberto of the Planning Department stated the most logical way to go to define who would be eligible for this would be HUD (U.S. Department of Housing and Urban Development). She said HUD establishes income limits on an annual basis for every county in the country and also has a standard definition of a first-time homebuyer.
Ms. Robertson spoke in support of this resolution and stated she does not see it as being in addition to the property tax, but a partial substitute.
Ms. Herrera spoke in opposition to this resolution because of the many comments she has received from constituents who have said this would make a difference if they were considering refinancing, buying a new home, or moving to Tompkins County. She stated this is a tax and would like to explore other sources of revenue. She said she supported this additional tax previously because it was being proposed to be used towards public transportation which helps many people.
Mr. Todd spoke in opposition to this because it is so narrowly based. He said he does not believe anyone should be singled out just because they have purchased a single piece of property.
Mr. Totman spoke against this resolution and said he does not support solving the County’s budget problems by going to the taxpayers.
Mrs. McBean-Clairborne stated she appreciates the work that has gone into this since it was previously brought before this Legislature. She stated the exemption contained in this makes this more palatable than the property tax. She also stated that she voted for the budget last year with this being included as a revenue stream and will now support it with the changes that have been made.
Mr. Joseph stated there has been a lot of talk about the impact this will have on homebuyers and while that is an important thing to look at, it should not overshadow the fact that this is a tax on all mortgages. He said a lot of the money raised from this tax will come from commercial mortgages on commercial property. He said he sees this as a substitute to the property tax and sees this as a tax for those who turn over property a lot and those people tend to be ones who can afford it more. He said while this does not mean anyone who is purchasing property is wealthy, it does mean that they are in a better situation than some. He noted a Mortgage Recording Tax happens once, at the time of purchase, and not annually.
It was MOVED by Mr. Proto, seconded by Ms. Herrera, to approve the following amendment: “Resolved, further, That a fixed percentage be allocated to the support of the TCAT system and general public transportation as set forth in Resolution No. 50 of 2004”. Ms. Kiefer stated she doesn’t believe Resolution No. 50 of 2004 had language like this. She recalled it contained language that said it was for public transportation, but not a specific percent.
Mr. Wood stated this resolution endorses a bill in the State Legislature and in that bill the money goes to the General Fund. He said if this Legislature wants to devote the money to a particular purpose it would need to be done in a different way. He stated if the intent is to use the funds in a particular manner the resolution could be amended to include that intention.
It was MOVED by Mr. Lane, seconded by Mr. Penniman, to refer this back to Committee. Mr. Penniman said he sees three problems going on with this resolution; those are: what to do with the revenues from this, the mechanics of the tax such as how it would be collected, and getting the State legislation to match what the County adopts. Ms. Kiefer said she has put a great deal of time into this now because the State Legislature is planning to reconvene. She said she approached Assemblywoman Lifton to see if there was a chance to have some home rule legislation introduced when they do reconvene and was told it was possible. Ms. Kiefer said after relaying what she was trying to accomplish, Ms. Lifton had a bill drafted which is what is now referenced in the resolution. She said she learned that the kind of amendment to State Law that TCAT had contemplated under Section 261 is no longer what the State is doing. They have changed their attitude towards Mortgage Recording Tax and it no longer gets added to that section. The State wants home rule legislation via local law and it can now only be an entirely new section of Section 253 of the Tax Law, and it will sunset after three years.
A voice vote on the motion to refer to committee resulted as follows:
Ayes – 7 (Legislators Blanchard, Booth, Herrera, Lane, Penniman, Proto,
and Totman); Noes – 7 (Legislators Joseph, Kiefer, Koplinka-Loehr, McBean-Clairborne,
Robertson, Schuler, and Todd); Excused – 1 (Legislator Winch). MOTION
FAILED.
At this time Mr. Joseph granted Mr. Proto permission to withdraw
this amendment.
Following further discussion, the following language was accepted as a friendly amendment to the resolution: RESOLVED, further, That this additional revenue can be used for public transportation services,”.
A roll call vote on the resolution resulted as follows: Ayes – 6 (Legislators Joseph, Kiefer, Koplinka-Loehr, McBean-Clairborne, Robertson, and Schuler); Noes – 8 (Blanchard, Booth, Herrera, Lane, Penniman, Proto, Todd, and Totman); Excused – 1 (Legislator Winch). RESOLUTION FAILED.
WHEREAS, New York State Tax Law currently collects a mortgage
tax in Tompkins County under Tax Law §253(1) and §253 (1-a) amounting
to a three quarter percent mortgage recording tax (“MRT”) of which one
quarter percent goes to New York State and one half percent is distributed
among the City, Towns and Villages of the County according to the location
of the mortgaged properties, 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, and
WHEREAS, staff of the New York State Assembly have drafted a
proposed law that` would add a new section 253-h to the Tax Law which would
authorize the County to adopt a local law authorizing the collection of
an additional one quarter percent MRT, the proceeds of which would be deposited
in the County general fund, and
WHEREAS, the draft of the proposed State Legislation exempts
the first one hundred thousand dollars for qualifying first time home buyers,
now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That the Tompkins County Legislature endorses the bill entitled “An act
to amend the tax law, in relation to authorizing the County of Tompkins
to impose a county recording tax on obligation secured by a mortgage on
real property and exempting the first one hundred thousand dollars from
such tax” (A-11757 and companion Senate bill) and request the New York
State Legislature to amend the New York State Tax Law accordingly,
RESOLVED, further, That this additional revenue can be used for public
transportation services,
RESOLVED, further, That the Clerk of the Legislature is hereby
authorized to take all actions necessary and complete all required forms
to further the enactment of this proposed Home Rule Legislation.
SEQR ACTION: TYPE II-20
Ms. Schuler was excused at 8:42 p.m.
Report from the Health and Human Services Committee
Ms. Robertson, Chair, reported the Committee will meet on July 28th.
Report and Presentation of Resolution(s) from the Public Safety Committee
Ms. Blanchard, Chair, deferred her report to the next Legislature meeting.
RESOLUTION NO. 155 - APPROPRIATION FROM CONTINGENT FUND AND AUTHORIZATION TO EXTEND THE DOMESTIC VIOLENCE PREVENTION COORDINATION PROGRAM THROUGH JANUARY 2004
MOVED by Ms. Blanchard, seconded by Ms. Kiefer. A short roll call vote resulted as follows: Ayes – 13; Noes – 0; Excused – 2 (Legislators Schuler and Winch). RESOLUTION ADOPTED.
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
SEQR ACTION: TYPE II-20
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Ms. Kiefer, Vice Chair, reported at the last meeting the Committee discussed the Town of Ithaca’s interest in being involved in the planning of road reconstruction on Coddington and Hanshaw Roads. Mr. Lane raised an interesting question of whether the County has control over the turning motion when a vehicle comes out of Brown Road onto Route 13 and whether a right turn only could be allowed. Ms. Kiefer said there was also discussion about the energy performance contract and controls.
RESOLUTION NO. 156 - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY- FACILITIES DIVISION
MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne. Ms. Kiefer said when this resolution was discussed at the Budget and Capital Committee meeting a general observation was made that the County’s Fiscal Policy states a department can recoup the entire cost of replacement pay as long as the employee is out for a period longer than two months. However, if a department only needs replacement for up to eight weeks the department has to cover that period. She said this does not seem sensible. And she feels the department should be responsible for the first eight weeks in either case. She believes the policy will be revisited, but meanwhile it is in effect. A short roll call vote resulted as follows: Ayes – 13, Noes – 0, Excused – 2 (Legislators Schuler and Winch). RESOLUTION ADOPTED.
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
SEQR ACTION: TYPE II-20
Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, reported the Committee met on July 7 and covered various items that appeared on the Consent Agenda. She said there was a preliminary budget discussion about the Srategic Tourism Planning Room Tax distribution. Fred Bonn of the Convention and Visitors Bureau was present and said release of the reserve funds is essential for marketing the County. He also told the Committee that the change in the Room Tax rate a few years ago had positive effects and it is time to take advantage of the reserve. The next meeting will be August 4th at 2:30 p.m.
RESOLUTION NO. 157 - IN SUPPORT OF NEW YORK STATE ASSEMBLY
BILL A06597, AN ACT TO AMEND THE GENERAL MUNICIPAL LAW IN RELATION TO MUNICIPAL
ANNEXATION
MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously
adopted by voice vote by members present.
WHEREAS, most municipal territorial boundaries for counties, cities,
towns, and villages were established during the nineteenth century, while
over the years patterns of population growth, development, and municipal
services have not been confined within those boundaries, and
WHEREAS, the New York State General Municipal Law currently provides
a procedure whereby territory from one municipality may be annexed to another,
but only if there is a petition brought by the voters or the property owners
in the territory to be annexed, and if the petition is then approved by
the governing boards of both municipalities, the question of annexation
is submitted to mandatory referendum of the voters of such territory,
and
WHEREAS, legislation has been proposed in both the New York State Assembly
and the New York State Senate that would amend the General Municipal Law
to allow the governing bodies of two or more municipalities, as well as
the residents or property owners of a municipality, to jointly initiate
the municipal annexation process, while still requiring that any such action
be approved by mandatory referendum of the voters, and
WHEREAS, in the interest of better long-term planning and smart growth
principles, it is desirable to promote various methods of intermunicipal
cooperation, one such method, in proper circumstances, being municipal
annexation, and
WHEREAS, Senate Bill S0782 has passed the New York State Senate, but
its companion bill New York State Assembly Bill A06597 has not passed the
Assembly, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality Committee, That the Tompkins County Legislature supports New York
State Assembly Bill A06597, urges the New York State Assembly to pass the
bill, and the Governor to sign the legislation into law,
RESOLVED further, That copies of this resolution be forwarded to Assemblywoman
Barbara S. Lifton, Senators James L. Seward, John R. Kuhl, and Michael
F. Nozzolio, Speaker Sheldon Silver, Majority Leader Joseph Bruno, Governor
George Pataki, New York State Association of Counties, New York State Association
of Towns, and the New York State Conference of Mayors and other Municipal
Officials.
SEQR ACTION: TYPE II-20
Report from the Consumer and Community Affairs Committee
Ms. Kiefer, Chair, said the Committee has not met since the last Legislature meeting and had no report.
Report from the Government Operations Committee
Mr. Lane, Chair, reported the Committee met on July 15 and heard from David Squires, Finance Director, about tax collections. This year there were 359 people who participated in the installment method of tax payment which is about ten percent of the taxpayers. Also, tax collections are running very well; currently there is a maximum of 120 parcels in the foreclosure sale this year. This is compared to 150 parcels at this time last year. The Committee spent a considerable amount of time reviewing departmental budget forecasts and discussed some of the requests for positions in the Assessment Department which will come forward at the next meeting. The Committee also discussed changing the contract policy, particularly the dollar-level amount that can be approved by the County Administrator and those that require committee approval and legislative approval. Mr. Lane said the Committee also discussed codifying a new procedure for creating new positions and reclassifying existing positions. There was also discussion on the County’s anti-discrimination practices and how they are incorporated into contracts. Jackie Kippola, Contracts Administrator, will be working with the Human Rights Director to make sure language in County contracts complies with anti-discrimination laws. Mr. Lane reported the Committee went on a second field trip to Chautauqua County and will continue its review of the County Executive issue.
Report from the Communications Capital Projects Committee
Mr. Penniman, Chair, reported the Committee has not met since the last meeting of the Legislature. The next meeting will be July 22nd at 10 a.m.
Report from the Space Needs and Location Committee
Mr. Proto, Chair, reported the next meeting is being set up to review the responses to the Request for Qualifications ad meet with the four responders.
Approval of Minutes of July 6, 2004
It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the minutes of July 6, 2004 with the changes submitted.
Adjournment
On motion meeting adjourned at 9:06 p.m.