Mr. Joseph called the meeting to order at 5:30 p.m.
Announcement
Mr. Joseph, Chair, announced there will be a public hearing on the tentative 2005 County Budget Tuesday, November 9, 2004, 7:00 p.m., at the Ithaca Town Hall.
Pledge of Allegiance to the Flag and Roll Call of Members
Members and guests participated in the Pledge of Allegiance to the Flag.
Present: 14 Legislators. Excused: Mr. Totman.
Presentation of Proclamation
Chair Joseph presented Shella Chase of the Department of Social Services, with a proclamation declaring November 20, 2004, to be Adoption Day in Tompkins County. He stated this is a special proclamation to him as his two children are adopted. Ms. Chase thanked the Legislature and noted that Tompkins County was one of the first cities to participate in National Adoption Day. In addition, she spoke of having finalized 29 adoptions taking place on National Adoption Day over the past 4 years, with an additional 8 taking place this year.
Privilege of the Floor by the Public
Heather Mulks, Lansing resident and 13-year member of the IBEW 241, spoke in support of Resolution No. 222 - Requiring Contractors on Certain County Capital Projects to Have Apprenticeship Agreements. She stated it is important to be trained properly in order to have safe installations of electric. In addition, she said that the union goes out of its way to provide opportunities to minorities.
Scott Pedersen, City of Ithaca resident and member of the IBEW 241, read the following statement:
"It has come to my attention that you plan on voting for the addition of apprenticeship language to the bidding requirements for capital projects. I applaud such an addition to ensure quality craftsmanship and economic feasibility.
"I am currently a fifth year apprentice with IBEW local #241 and support this inclusion whole-heartedly. Having graduated with an engineering degree from Cornell University, one would expect that an apprenticeship program would be of little significance to myself. Quite the contrary. It is a unique combination of a minimum of 8,000 hours on-the-job training complimented with 5 years of classroom instruction. It has ensured that each of the graduating members, or 95 percent of those that enter the program, have acquired the proper training and understanding of our ever-changing technological and practical industry. I have learned much more than I imagined through the apprenticeship program.
"The apprenticeship program teaches all aspects of our industry. We are trained in CPR, First Aid, OSHA-10, and NFPA-70E.
"Economically speaking, using apprentices would actually decrease the contractual costs when using the 3 to 1 ratio on prevailing rate jobs as prescribed by New York State. Contrary to some beliefs, this proposal would not decrease competition and would not limit the bidders to only organized labor unions. What it would do is increase awareness of each of the respective trades through education and training in all aspects of each trade. It will require contractors to play a more active role and maintain a genuine interest to the success of each apprentice. It will ensure equal opportunity within the work force and provide the expected high-quality workmanship to the projects that our taxes help support.
"Thank you for your time and consideration."
James DeChene, Associated Builders and Contractors located in Syracuse, New York, and representative of open-shop contractors, spoke in opposition to Resolution No. 222 - Requiring Contractors on Certain County Capital Projects to Have Apprenticeship Agreements, stating seventy percent of construction work across New York State is done by open-shop (non-union) contractors. He expressed his belief that it would lock out many individuals from the bidding process. He spoke of the ability of non-union workers to cross-train in multiple fields and increase marketability, the tedious process and requirements of Department of Labor apprenticeship program regulations, where it can take six to eighteen months to get certifiedand that there would not be a guarantee that an apprentice would be on the particular job.
Jake Benninger, resident of Groton and IBEW training director, spoke in support of Resolution No. 222 - Requiring Contractors on Certain County Capital Projects to Have Apprenticeship Agreements. He provided a background of the apprentice training program offered by the union. In addition he stated that utilizing apprentices can reduce costs as the rates are based upon the level of training an individual has. He said it takes very little time to get a program approved.
George Denmark, City of Ithaca resident and employee of John Mills Electric, spoke in support of Resolution No. 222 - Requiring Contractors on Certain County Capital Projects to Have Apprenticeship Agreements. He shared that as a result of his apprentice training he was able to become a licensed electrician.
Kathryn Boucakis, resident of Ithaca and IBEW member, expressed her support of Resolution No. 222 - Requiring Contractors on Certain County Capital Projects to Have Apprenticeship Agreements.
David Richardson, Town of Lansing resident and IBEW member for more than thirty years, stated he is now a recruiter for apprentice programs. He said he makes a point to seek out women and minorities for the program for all seven trades.
Josh Antrum, Groton resident and IBEW 241 member, stated that he has worked both non-union and now six years union at Cornell. He expressed his belief that the apprenticeship program assisted in teaching him a great deal more as well as enabled him to obtain a better position.
Jerry Stevenson of Ithaca and owner of McPherson Builders stated he believes that Resolution No. 222 - Requiring Contractors on Certain County Capital Projects to Have Apprenticeship Agreements will provide defacto only union work and will limit entry-level positions within the County. In addition, he stated that his firm has provided work since the 1950's for the County and this resolution will now prevent him from bidding.
Jessie Miller, IBEW 241 member, spoke in support of Resolution No. 222 - Requiring Contractors on Certain County Capital Projects to Have Apprenticeship Agreements, stating she has been a member for five years and found the apprenticeship more valuable than the previous degrees she had received. She spoke of the opportunity afforded minorities to become successful through apprenticeship programs and that anyone can start programs for their firms, union or non-union.
Bruce Babcock, resident of Trumansburg, spoke of previous situations occurring to him that he felt to be discriminatory due to his disability and his experience with the transportation system. In addition, he stated he has had continual problems related to an assault; specifically that his statement was not taken at face value and acted upon. He now feels that he cannot contact the local authorities with problems as they will be ignored.
Rebecca Meinking, President of the Empire Chapter of Associated Builders and Contractors (ABC), spoke in opposition to Resolution No. 222 - Requiring Contractors on Certain County Capital Projects to Have Apprenticeship Agreements. She said that statistics indicate that the number of apprentices are actually decreasing and that this should not be occurring if requirements such as those outlined in the resolution are increasing training and job opportunities. She said the resolution is really about limiting jobs to unions, and that Tompkins County will be cutting out small business. In addition, she believed that the unintended consequences would be increased cost and decreased productivity.
Richard Hinkley of the Painters Local Union 178 in Ithaca spoke in support of Resolution No. 222 - Requiring Contractors on Certain County Capital Projects to Have Apprenticeship Agreements, stating that the two sides will look at the resolution in different ways. He indicated the resolution as written does not disqualify individuals from bidding and that qualified individuals will be sought. He said that whether firms are union or non-union the workers will be at all levels of qualification.
Brian Noteboom of the Local Carpenters Union spoke in support of Resolution No. 222 - Requiring Contractors on Certain County Capital Projects to Have Apprenticeship Agreements, stating he had gone through the apprenticeship program in 1987. He further spoke of credit being given to members who have previously received training in schools. Mr. Noteboom believes that with a proper mix of journeymen and apprentices costs may be reduced.
David Marsh, President of the Tompkins-Cortland Building Trades Council, spoke in support of Resolution No. 222 - Requiring Contractors on Certain County Capital Projects to Have Apprenticeship Agreements. He said the floor of one million dollars will allow training and use of local contractors with prevailing wages. He said by having apprentice programs it will assist in developing a skilled labor workforce.
Privilege of the Floor by Legislators
Mr. Penniman, District No. 15 Legislator, stated that as a representative of the Trumansburg area he will look into the concerns expressed by Mr. Babcock.
Mr. Proto, District No. 7 Legislator, reminded individuals that a Veteran's Day Parade will be Sunday, November 7, 2004, at 11:00 a.m. In addition, he spoke of material provided to the Legislators regarding TCAT's benefit package that will be offered to employees. He noted that at this time TCAT, Inc., does not have a contract in place for employees and that each separate union will be meeting with their employees to discuss what is being offered. Mr. Proto then spoke of an article shared by Mr. Squires, Finance Director, indicating the Universal Fund Charge is short $575 million and will be asking for an increase to be passed to customers. He said there is an act entitled the Anti-deficiency Act which some Legislators are attempting to pass an amendment to that would exempt the FCC so that this shortfall will not have to be redeemed by consumers. Mr. Proto stated that of the approximately $11 million collected annually from Tompkins County residents only $20,000 to $30,000 is returned to the community.
Ms. Schuler, District No. 4 Legislator, reported the 11th Annual Breast Cancer Alliance walk took place on Saturday, October 30th. It was a very successful event. Over 800 people participated and the amount raised to date is $48,000. The theme for this year's walk was "Breast Cancer and Environmental Toxins". Some household chemicals are toxic and young children and teens are at venerable stages in their development for exposure and possible future health problems. She recommended the website for Silent Spring Institute which deals with environment and women's health.
Ms. Kiefer, District No. 10 Legislator, inquired what the existing budget level model was in the TCAT information provided. Mr. Proto stated that a model was required to be developed as a baseline and that is what is shown on the document. He noted it was not the best model, but it was to blend the various contracts that presently exist.
Ms. Herrera, District No. 5 Legislator, expressed her desire to disclose she is a Texan and a union-member. She supports the philosophy of unions, attends the Industrial and Labor Relations School at Cornell University, and believes in the principles of unionism. She said that she believed everyone within the Legislature was aware of this, however, she desires to once again disclose this publicly within the forum of the Legislative meeting as she had previously done at the Government Operations Committee.
Ms. Robertson, District No. 13 Legislator expressed a desire to speak to the election, thanking all residents who worked on the election. In addition she said it was exciting to see new people becoming engaged and involved in the election process. She deeply hopes that the note of hope for unity will be the hallmark of the President's second term in office.
Mr. Proto thanked Ms. Robertson for her gracious remarks and said that it speaks well for the process. He thought the fact that Senator Kerry was gracious enough to concede the election speaks well for how we can move forward in the healing process.
Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of the election process, stating she felt that some individuals were not clear about the provisional and absentee ballot process and expressed uncertainty on whether they would be counted. In addition, she said many individuals did not see the local proposition on the ballot related to the Off-Track Betting referendum and this also should be clarified in the future.
Mr. Booth, District No. 3 Legislator, expressed his belief that the election process should be standardized, that too many different forms and methods were utilized throughout the Country. He believes it could be streamlined by having all States having the same balloting procedures and forms for at least the Presidential race.
Ms. Kiefer expressed her agreement with Mr. Booth about standardization and expressed her belief that we did not need the Electoral College either. She then spoke of a recent bonding resolution, stating that she had questioned a portion of section 14 related to the level of responsibility assigned all County employees in the bonding process. She reported that Mr. Squires had asked the County Bond Counsel about this, who indicated that the Finance Director and the Clerk are the only ones who have to deal with the responsibilities outlined in the resolution. She said that it is too late to amend the resolution but this should be accurate in future bonding resolutions.
Mr. Lane, District No. 14 Legislator, said that for a third time the Off-Track Betting referendum has failed in Tompkins County and he hopes that the matter will be laid to rest.
Mr. Todd, District No. 6 Legislator, stated that he was astounded at the number of individuals who voted in the national election and that he was glad that there was not a dispute regarding who won the Presidential race.
RESOLUTION NO. 222 - REQUIRING CONTRACTORS ON CERTAIN COUNTY CAPITAL PROJECTS TO HAVE APPRENTICESHIP AGREEMENTS
It was MOVED by Mr. Lane, seconded by Ms. Herrera. Ms. Herrera explained that the resolution had been modified to enable small business owners to participate on projects. She said that the modifications would allow subcontracting to smaller or specialty contractors for a portion of the total contract. Ms. Herrera explained that analysis indicates that apprenticeship programs already exist with larger contracted projects. The resolution may also assist in increasing interest in individuals to enter construction trades which have recently had a decline in workers. Ms. Herrera then further stated that her personal livelihood is derived from employment with Cornell University and not with any County projects; she would not have any gain from the resolution. Ms. Herrera noted that the Administration office will develop a policy of working with contractors to apply the clause. In an effort to clarify how it would work Mr. Joseph said each project has several contractors for the various portions - electrical, plumbing, etc. Each one of the contractors may subcontract a portion to a specialty company (example: flooring, security, etc.).
Mr. Penniman stated there were conflicting comments on who has the ability to provide apprentice programs and asked for an explanation on how a non-union shop could have an apprenticeship program. Mr. Lane said the State would have to certify the program. He said during Committee meetings many contractors indicated they had training programs, however, they were not certified. It was the belief of some non-union contractors that it was an undue burden to go through the certification process in order to have the ability to bid on projects.
Mr. Booth stated that the Wicke's Law's mandate for multiple contracts on government projects have cost taxpayers billions of dollars over the years it has been in place. He further stated that if the cost of contracts would not increase with the apprentice requirement he does not see the need for a resolution. Mr. Booth then stated he was apprised by the Deputy Administrator/Planning Commissioner that the head of the next Facilities Division, Mr. LeMaro, expressed concern regarding the resolution and potential cost increases on County projects and would like the opportunity to present information at the Facilities and Infrastructure Committee meeting. As a result of this request it was MOVED by Mr. Booth, seconded by Mr. Penniman, to refer the resolution to Committee.
Mr. Lane stated he hoped it would not go back to Committee. He said at Government Operations Committee meeting it was assumed that the mandate might increase the cost of public works contracts and therefore inserted the $1 million floor. He said the majority of contracts are not at this level but it was felt the investment of training young people in the workforce was a worthwhile investment. Mr. Lane commented that the local government supports the training of youth in many ways including support for tech programs in high schools, TST BOCES, Tompkins Cortland Community College, and other areas. He believes it is important to encourage young people to stay in the area and that it is possible to have a good income and future within Tompkins County.
Ms. Herrera said the resolution would act to motivate companies to provide apprentice programs for workers. She said it is unclear whether this resolution would increase, decrease, or maintain the present cost of contracts, but she believes it would lower the cost. In addition, Ms. Herrera said Wicke's law provides guidelines that prevent reducing wages in order to balance a budget. Ms. Herrera would like to have a follow-up study of the effects of this resolution.
Ms. Schuler stated the concept of journeymen and apprentices has been in place since the middle ages and she does not feel there is a need to send the resolution to Committee.
Ms. Kiefer said she had questions on the resolution itself, and would like to see a more complete picture on how the resolution would have affected past contracts. She also said that normal practice has been to accede collegially to a request by a Committee to review a resolution. She does not see an urgency in passage of the resolution at this time and feels it would be good to allow the request.
Mr. Penniman stated he believes it is a well-crafted resolution and is pleased with it; however, he feels that when a Department Head and Committee Chair request postponement the issue is not the merits but the urgency. He would like to hear why it is so urgent to pass this evening. Ms. Herrera stated she does not agree with or support the statements and methods of American Builders and Contractors and believes a delay could cause misunderstanding of the resolution's purpose. She said that apprenticeships have dropped due to many forces that believe the lowest wage is the best way to make a profit; she believes the resolution would provide an opportunity to work with dignity. Ms. Robertson feels the resolution has been discussed over a period of months and believes the additional cost would be minimal and recommends moving forward rather than returning the resolution to Committee. Mr. Winch said he would like to hear from the Department Head and hear information at the Facilities and Infrastructure Committee.
It was MOVED by Mr. Todd, seconded by Mr. Proto, to call the question. A voice vote resulted as follows: Ayes - 13; Noes - 1 (Legislator Joseph); Excused - 1 (Legislator Totman). MOTION CARRIED.
A voice vote on the request to send the resolution to Committee resulted as follows: Ayes - 6 (Legislators Booth, Kiefer, Penniman, Proto, Todd, and Winch); Noes - 8 (Legislators Blanchard, Herrera, Joseph, Koplinka-Loehr, Lane, McBean, Robertson, and Schuler); Excused - 1 (Legislator Totman). MOTION FAILED.
Further discussion occurred during which portions of the resolution were revised by County Attorney to clarify the intent and accepted as friendly amendments. Ms. Blanchard noted she agrees with Mr. Booth about the Wicke's Law. She would support the resolution as it is an important issue for workforce development, but she suggests a further amendment that provides for evaluating the impact of this law on both workforce development and county costs. Mrs. McBean-Clairborne spoke in support of the resolution as it will provide employment opportunities for minorities. She said she does not like to support tax burdens and perhaps this opportunity will assist in reducing County costs. Mr. Proto expressed his displeasure that it appears to be a union vs. non-union issue. He feels it is an issue of philosophy and has heard from both sides. Mr. Proto stated he cannot support the resolution which he sees as restrictive in its selection of contractors and that it will add cost to the County. Mr. Booth stated he is in favor of the apprentice program but is stunned that the request to allow the resolution to be reviewed by a Committee did not have support. For this reason, he would not vote in favor. Mr. Winch spoke of the need to provide a fair opportunity in the bid process and this resolution will limit competition. He said some contracts are union and some have had more than fifty percent non-union personnel; a union does not imply a better quality of work. He believes that it is a matter of safety training on the job, combined with the need to provide fair wages for all. He expressed his belief that all quality contractors pay their staff well as well as train. He said he would not support the resolution as he desires fair employment and contract opportunities for all. Mr. Lane said he does not agree it is union vs. non-union but a matter of encouraging an apprenticeship program. He also noted that the County stipulates contractors pay a prevailing wage. Ms. Kiefer does not believe the question of urgency for passing the resolution was clarified and feels it inappropriate that a request by a Committee Chair was not upheld.
It was MOVED by Mr. Proto, seconded by Mr. Winch, to postpone the resolution until November 16, 2004. A voice vote on the motion resulted as follows: Ayes - 6 (Legislators Booth, Kiefer, Penniman, Proto, Todd, and Winch); Noes - 8 (Legislators Blanchard, Herrera, Joseph, Koplinka-Loehr, Lane, McBean-Clairborne, Robertson, and Schuler); Excused - 1 (Legislator Totman). MOTION FAILED.
A roll call vote on the resolution resulted as follows: Ayes - 9 (Legislators Blanchard, Herrera, Joseph, Koplinka-Loehr, Lane, McBean-Clairborne, Penniman, Robertson, and Schuler); Noes - 5 (Legislators Booth, Kiefer, Proto, Todd, and Winch); Excused - 1 (Legislator Totman). RESOLUTION ADOPTED.
WHEREAS, the County Government from time to time undertakes construction
contracts that involve the construction of facilities and structures, and
WHEREAS, County government is making considerable efforts to
increase the number of jobs in the county, and is consistently advocating
for quality employment opportunities for Tompkins County residents, and
WHEREAS, maintaining a qualified and skilled labor force is essential
to a healthy and dynamic local economy, and
WHEREAS, it is desirable to establish employment principles to
guide future decisions of the County, and
WHEREAS, Article 23 (Apprenticeship Training), Section 816-b
of New York State Labor Law states, "in entering into any construction
contract, a government entity which is to be a direct or indirect party
to such contract may require that any contractors and subcontractors have,
prior to entering into such a contract, apprenticeship agreements appropriate
for the type and scope of work to be performed, that have been registered
with, and approved by, the commissioner pursuant to the requirements found
in this article," now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That:
1. Any public work that requires separate specifications (the award
of three or more separate general contracts) pursuant to Section 101 of
the General Municipal Law (commonly known as the "Wicks Law"), and that
exceeds $1 million in cost, must include contractors that participate in
New York State certified apprenticeship programs.
2. All bidders and all subcontractors under the bidder must maintain
or participate in a bona fide New York State Apprentice Program approved
by the Division of Apprentice Training of the Department of Labor for each
apprenticable trade or occupation represented in their workforce and must
abide by the apprentice to journeyman ratio for each trade prescribed therein
in the performance of the contract. Notwithstanding the foregoing,
each bidder awarded a contract by the County may allow up to twenty-five
percent of the value of its contract to be performed by employees or subcontractors
that do not meet this requirement.
3. Any bidder who fails to comply with the requirements laid out in
numbers 1 and 2 above shall be subject to any or all of the following sanctions:
a. temporary suspension of work on the project until compliance is
obtained; and/or;
b. withholding by the County of payment due under the contract until
compliance is obtained; and/or
c. permanent removal from any further work on the project; and/or
d. recovery by the County from the bidder of 1/10 of one percent of
the contract amount or $1,000.00, whichever is greater, in the nature of
liquidated damages assessed for each week that the contractor is in non-compliance.
RESOLVED, further, That a mechanism for evaluating the impact of this
legislation with respect to workforce development and project cost be developed
by County Administration.
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Recess
Mr. Joseph declared recess from 7:25 p.m. to 7:33 p.m.
Ms. Robertson and Mrs. McBean-Clairborne were excused at 7:25 p.m.
Presentation – Update on Progress on the Communications Capital Projects
Mr. Penniman, Chair of the Communications Capital Projects Committee, spoke of Phase II of the Capital Communications project, noting it has not yet gone to contract. He provided a brief history, explaining that the project design is on-going due to the nature of the technology and is not at a point to provide an overview to fellow Legislators and the public. Mr. Penniman emphasized that the goal of the new system was to provide 95 percent in-road coverage (geographic) with 95 percent reliability. Although there are some gaps, the overall projections indicate the coverage to exceed the 95 percent figures. Mr. Penniman said that the County is continuing to review the areas of concern and that some gaps have been corrected and that while a 95 percent rating may not be obtained in all, it may be only slightly below that figure.
Mr. Shurtleff, Emergency Response Coordinator, went through the Powerpoint presentation of the communications system indicating coverage areas, potential tower sites, and the next steps to be taken on this project.
Following the presentation it was explained that while not all final tower sites have been determined there have been some options taken on property locations in order to know that the proposed locations are viable. In addition, it was noted that although there cannot be guarantees regarding building penetration it is thought that the majority of buildings will have improved signal strength with the new system. It was noted that the timeline for the project will vary with such things as environmental reviews, weather conditions, and testing playing a part in completion dates. Members of the Legislature expressed a desire to be informed and perhaps participate in discussions and negotiations related to sites in their districts. It was noted that members will receive notices from Mr. Penniman prior to municipal meetings.
RESOLUTION NO. 223 - SUPPORT OF CONCEPTUAL PUBLIC SAFETY COMMUNICATION SYSTEM DESIGN RECOMMENDED BY PROJECT TEAM
MOVED by Mr. Penniman, seconded by Mr. Booth. Ms. Blanchard thanked all involved with the creation of the resolution in its final form. She noted the Public Safety and Communications Capital Projects Committees will meet jointly on December 2, 2004, at the Emergency Response Building to enable Committee members to view the mobile data terminals located in the Sheriff's vehicles. It was thought this would provide a better understanding of how the units are designed to operate.
Ms. Kiefer spoke to the resolution regarding the inability of Motorola to meet the data communication specification and MOVED to add language to the resolution as follows:
"WHEREAS the sole vendor that responded to the RFP was unable to meet the integrated voice and data system at an improved speed to what we already had, "
MOTION FAILED due to lack of a second.
A voice vote on the original resolution resulted as follows: Ayes - 13; Noes - 0; Excused - 3 (Legislators McBean-Clairborne, Robertson, and Totman). RESOLUTION ADOPTED.
WHEREAS, Tompkins County is committed to the replacement of the
current communication system in use by public safety (fire, EMS, and police)
officials and other government agencies countywide, and
WHEREAS, Resolution No. 57 of 2001 identified the project goals
as: (1) maximize coverage and balance the level of service to meet the
communication needs of the County's public safety community, (2) minimize
the economic cost to the County through public/private partnerships and
the effective use of funding opportunities, and (3) minimize the
environmental impact of the project on the County and the infrastructure
necessary to the greatest extent possible; and also committed the County
to collaboration with municipalities on tower siting, and
WHEREAS, the Communications Capital Projects Committee (COMCAP) appointed
a project team to direct and provide oversight during project planning
for the public safety communication system, and
WHEREAS, Resolution No. 318 of 2002 established a multidisciplinary,
multi-jurisdictional public safety advisory board (Emergency Communications
and Operations Committee) to assist the County with planning, implementation,
and operational issues that directly affect public safety organizations,
and
WHEREAS, in conjunction with the retained consultant, the project team
has examined various coverage maps, alternative sites and configurations
that it believes would most economically satisfy the County’s long-term
emergency communication needs of 95 percent in-street coverage, and
WHEREAS, the project team has shared potential design configurations
and alternatives with the Emergency Communications and Operations Committee
for their review and input, and
WHEREAS, the work of the consultant and the project team through
October 27, 2004, on a conceptual system design has been found generally
satisfactory by the Emergency Communications and Operations Committee,
and
RESOLVED, on recommendation of the Communications Capital Projects
Committee, That the Tompkins County Legislature supports the on-going work
of the project team,
RESOLVED, further, That the Tompkins County Legislature recognizes
that the conceptual design may be modified as the County pursues a final
system design,
RESOLVED, further, That the project team is charged to explore and
provide options for a mobile data system solution that is compatible with
the final system design, and to continue to work with system improvements
that will enhance in-building coverage.
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Chair’s Report and Appointment(s)
Mr. Joseph, Chair, informed Legislators of an e-mail from the Chair of Oneida County Board of Legislators who is organizing a lobbying effort regarding Medicaid costs. Oneida County's Legislators will be going to Albany and request that all New York State county Legislators attend as well. Mr. Joseph replied that while not all may be able to attend he would inform him of those legislators and Pushback members willing to do so. He then said he read that Oneida County is having to increase their tax rate by ten percent and in order to do so are asking to raise the sales tax to 9.75 percent. Mr. Joseph said that the last two years have been difficult and that Tompkins County was fortunate inasmuch as we did not spend the fund balance. He noted it is a critical problem throughout the State.
Report from the County Administrator
Mr. Whicher reported on efforts within the southern portion of the state to treat everyone the same as Putnam County, to require SUNY campuses to pay taxes the same as other properties. He then reported that the Mental Health Commissioner search is progressing, with four candidates being interviewed. It is anticipated that a decision will be brought forth in December. Mr. Whicher reported that the Highway Manager search has begun at this time. He asked that Legislators notify him of any information related to the budget that may be needed prior to November 12, 2004. Mr. Booth requested that if any information was received regarding revenues that Mr. Whicher notify the Legislators. Mr. Joseph then asked that Legislators be certain to provide any possible resolutions related to the budget in advance also, noting that they do not necessarily have to be acted upon if at the time of the meeting it is not desired.
Report from the County Attorney
Mr. Wood reported that a procedure is in place for individuals who have difficulties with placing ballots to petition the court for the right to vote. At Tuesday's elections only 18 individuals did so. He noted the most common reason is where registrations are completed at remote locations and for an unknown reason have not made it to the Board of Elections. He recommends that the best practice to ensure receipt of registrations is to go directly to the Board of Elections office. In the event an individual does not choose this method they should contact the Board of Elections prior to the deadline to verify receipt.
Report from the Finance Director
Mr. Squires reported he had provided information related to sales tax for the third quarter and information related to municipal sales tax receipts and the mortgage tax. He noted the mortgage tax is down from last year's figures of municipal receipts of 2.1 million in 2003 to 1.9 million in 2004. He did learn that the County Treasurer is empowered to collect an administrative fee for processing mortgage tax receipts and he is reviewing this information further.
Mr. Penniman asked if the sales tax projections are reasonable. Mr. Squires said it is less than a 2 percent increase of what the 2004 figures were. He believes that the $25.8 million estimate for 2005 is reasonable.
Addition of Resolution(s) to the Agenda
There were no resolutions added to the agenda.
Withdrawal of Resolution(s) from the Agenda
There were no resolution(s) withdrawn from the agenda.
Approval of Resolution(s) and Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, the approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 224 - RETURNED SCHOOL TAXES
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote, under Consent Agenda.
WHEREAS Article 13 of the Real Property Tax Law authorizes school
district tax collectors to submit by November 15th a listing of unpaid
taxes to the County Treasurer for enforcement, and
WHEREAS the County guarantees the school districts payment of
the unpaid taxes by April 1 of the year following the return, now therefore
be it
RESOLVED, on recommendation of the Government Operations Committee,
That the Director of Assessment of the County be and hereby is authorized
and directed to add to the respective 2005 tax rolls the amount of the
uncollected school taxes that remain unpaid and that have not been heretofore
relevied on town tax rolls and that have been returned by the collectors
of the various districts, exclusive of the Ithaca City School District,
to the County Finance Director and that said returned school taxes be reassessed
and relevied on town tax rolls as they are returned, and that said school
taxes returned in 2004 be reassessed and relevied upon the lots and parcels
so returned with 12.0 percent annual interest in addition thereto.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 225 - RETURNED VILLAGE TAXES
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote, under Consent Agenda.
WHEREAS Article 14 of the Real Property Tax Law authorizes village
tax collectors to return to the County Treasurer a listing of unpaid taxes
for enforcement, and
WHEREAS the Villages of Cayuga Heights, Dryden, Freeville, Groton,
Lansing, and Trumansburg are authorized to submit their unpaid taxes to
the County for enforcement, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the Director of Assessment of the County be and hereby is authorized
and directed to add to the respective 2004 tax rolls the amount of the
uncollected village taxes that remain unpaid and that have not been heretofore
relevied on town tax rolls and that have been returned by the village tax
collectors of the various villages to the County Finance Director, and
that said returned village taxes be reassessed and relevied on town tax
rolls as they are returned and that said returned village taxes be reassessed
and relevied upon the lots and parcels so returned with 12.0 percent annual
interest in addition thereto.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 226 - APPROVAL OF DESIGNATIONS OF SUCCESSORS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously
adopted by voice vote, under Consent Agenda.
WHEREAS, Section 31.07 of the County Charter specifies that the
County Administrator and specified department heads shall designate in
writing, and in order of succession, the deputies (or in the absence of
officially designated deputies, the employees of the department) who shall
possess the powers and perform the duties of the principal in the event
of the latter’s absence from the County or inability to perform or exercise
the powers of the office, and
WHEREAS, the Charter further requires those designations, except department
heads elected on a county-wide basis, to be approved by the Tompkins County
Legislature, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the following designations of successors are hereby approved,
RESOLVED, further, That this list is complete and supercedes all previous
designations:
Airport Manager Assistant Airport Manager
Airport Terminal Services Coordinator
Operations Supervisor
County Administrator Deputy County Administrator/Commissioner
of Planning
County Attorney
County Attorney Deputy County Attorney
Assistant County Attorney
Commissioner of Social Director of Eligibility
Services Director of Services
Director of Administrative Services
Legal Unit Administrator
Director of Emergency CAD Systems Coordinator
Response Administrative Assistant
Public Health Director Public Health Administrator
Director of Patient Services
Medical Examiner Deputy Medical Examiner, William Klepack,
M.D.
Deputy Medical Examiner, David Newman, M.D.
Mental Health Commissioner Deputy Commissioner of Mental Health
Medical Director
Director of Mental Health Clinic
Clinic Supervisor
Director of Finance Budget and Finance Manager
Director of Accounting Services
Commissioner of Personnel Deputy Commissioner of Personnel
Benefits Manager
SEQR ACTION: TYPE II-20
RESOLUTION NO. 227 – ACCEPTANCE OF GRANT FROM US-DOJ COPS TECHNOLOGY PROGRAM FOR THE PUBLIC SAFETY COMMUNICATION SYSTEM PROJECT
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote, under Consent Agenda.
WHEREAS, the County has been awarded a technology grant administered
by the US Department of Justice (US-DOJ), Office of Community Oriented
Policing Services (COPS) for the purpose of purchasing equipment related
to the public safety communication project, and
WHEREAS, the provision of a wireless communication system for
emergency responders countywide has been identified by the County as a
critical and essential need, and
WHEREAS, the Department of Administration is prepared to administer
this grant, according to requirements outlined by the COPS Office, now
therefore be it
RESOLVED, on recommendation of the Communications Capital Projects
Committee, That the County hereby accepts the US-DOJ COPS technology grant
for the amount of $494,739,
RESOLVED, further, That the following changes be made to the
2004 Budget of Tompkins County:
Revenue: 3412.44389 Federal Assistance $ 494,739.00
Appropriation: 3412.59239 Program Expense $
494,739.00
RESOLVED, further, That the County Administrator or designee,
be authorized to execute any contracts or other documents related to this
proposal.
SEQR ACTION: TYPE II-21
RESOLUTION NO. 228 – ACCEPTANCE OF GRANTS AND INCREASE OF HOURS - YOUTH SERVICES DEPARTMENT
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote, under Consent Agenda.
WHEREAS, the County Youth Services Department has been awarded a Federal
Drug Free Communities Support grant from the Substance Abuse and Mental
Health Services Administration for $100,000 to provide the planning and
coordination of substance abuse prevention education efforts of the Community
Alcohol and Drug Coalition for the period October 1, 2004, through September
30, 2005, and
WHEREAS, the grant-related duties require an increase in the Planner
position from .8 FTE to 1.0 FTE for the period November 8 - December 31,
2004, as well as related travel and supply expenses, and
WHEREAS, there is grant revenue to offset these expenses during the
last quarter of 2004, and
WHEREAS, the County Youth Services Department has been awarded a $20,007
Workforce Development grant to provide support to a collaborative of youth
agencies offering career awareness, academic support, and work readiness
services to low-income youth for the period of October 1, 2004, through
June 30, 2005, and
WHEREAS, the grant-related duties require an increase in the Program
Management Specialist position from .8 FTE to 1.0 FTE for the period of
November 8 - December 31, 2004, and
WHEREAS, there is grant revenue to offset the salary and fringe expenses
for this period, now therefore be it
RESOLVED, on recommendation of Health and Human Services Committee,
That Tompkins County accept the Drug Free Communities Support grant for
$100,000, for the period October 1, 2004, - September 30, 2005, and the
Workforce Development Grant for $20,007 for the period October 1, 2004,
– June 30, 2005,
RESOLVED, further, That the County Youth Services Director be authorized
to enter into contracts to execute the duties as outlined in the grant
applications with 100 percent funding from the funding sources,
RESOLVED, further, That the 2004 budget of the County Youth Services
Department’s Planning and Coordination budget be adjusted as follows:
REVENUE:
7020.44820 Programs for Youth $
8,598
7026.42797 Other Local Government Contributions
$ 1,622
Total $10,220
APPROPRIATION:
7020.51000634 Salary - Planner $ 1,254
7020.58800 Fringes $
489
7020.54303 Supplies $
350
7020.54330 Printing $
500
7020.54412 Travel $ 1,005
7020.54442 Professional Services $ 5,000
Total $ 8,598
7026.51000655 Salary - Program Management Specialist $ 1,167
7026.58800 Fringes $
455
Total $ 1,622
SEQR ACTION: TYPE II-20
Appointment(s)
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda:
Human Rights Commission
Stel Walton Whitehead – term expires December 31, 2005
Report from the Planning, Development and Environmental Quality
Committee
Ms. Herrera reported the Committee will meet on December 1, 2004.
Report from the Consumer and Community Affairs Committee
Ms. Kiefer, Chair, reported the Committee has postponed the meeting until November 17, 2004.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee will meet on November 9,2004. He noted there may be a resolution coming forward regarding TCAT related to the County share of cost for the transition occurring. Mr. Proto clarified that all partners will be contributing to the additional costs.
Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Lane, Chair, said the Committee met twice. He reported two Cornell University professors, Paul Eberts and Peter Stein, presented papers regarding the issue of County Executive versus other forms. Mr. Lane said the discussions related to this topic are coming to a close and a draft report will be forthcoming. He spoke on the election results within Broome County where there is a possibility of a democratic executive and republican legislature, which he believes may be interesting to follow to see if any tension results. The Committee reviewed the County's financial disclosure form, and notes there is a difference of opinion in whether to utilize the present form or amend to one suggested from the Ethics Advisory Board.
RESOLUTION NO. 229 - ADOPTION OF APPORTIONMENT OF TAXES FOR 2005
MOVED by Mr. Lane, seconded by Mr. Booth, and unanimously adopted by voice vote of members present.
WHEREAS, the report of equalization rates and totals (footings)
of assessment rolls has been prepared and approved by the Assessment Director,
now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the report of the Director of Assessment be accepted and adopted,
and the valuation of real property and franchise be based on the 2004 final
assessed values for the purposes of general and highway tax levied against
the several tax districts of the County and that the values determined
therein be set forth as the basis for such general and highway tax levies
for the year 2005,
RESOLVED, further, That several amounts therein listed for State
tax and County tax for general County purposes for 2005 be assessed against,
levied upon, and collected from taxable property of the several towns and
City liable therefore.
SEQR ACTION: TYPE II-20
Report from the Communications Capital Project Committee
Mr. Penniman, Chair, stated all business was previously discussed.
Report from the Space Needs and Location Committee
Mr. Proto, Chair, stated the meeting will be on November 10, 2004. He said there are items that will be received prior to the meeting, a copy of the contract and a list of activities. Mr. Proto asked that members review the work plans and review short term plans for the Office for the Aging.
Report from the Health and Human Services Committee
Ms. Schuler, Vice Chair, reported the Committee met on October 27th. Mr. Winch reported on the Governor's Council on Alcoholism and Substance Abuse to which he was appointed to this year. The Committee also received an update on the prescription discount card plans as well as the PINS program and the dental services program. She noted that there is a less than two percent "no-show" rate within the dental program and attributes the success of the program to Holly Stevenson who coordinates the program. Ms. Schuler stated more information should be available at the next meeting regarding the SRO availability.
Report from the Public Safety Committee
Ms. Blanchard, Chair, reported the Committee will meet on November 4, 2004. Mr. Buck from Jacobs Facilities will provide a walk-through phase of the project to meet the Commission of Corrections requirements. In addition a discussion will take place regarding a project undertaken by the Criminal Justice Advisory/Alternatives to Incarceration Board.
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Booth, Chairman, stated that the Committee met last week and will meet again next week.
RESOLUTION NO. 230 - AUTHORIZING AN AGREEMENT WITH SH&E,
INTERNATIONAL AIR TRANSPORT CONSULTANCY INC. TO PROVIDE SERVICES IN CONNECTION
WITH RECRUITING NEW AIR SERVICE AT THE ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Booth, seconded by Mr. Winch, and unanimously approved
by voice vote by members present. RESOLUTION ADOPTED.
WHEREAS, by Resolution No. 80 dated March
16, 2004, the County Legislature charged the Air Service Task Force (ASTF)
with a number of tasks, including developing an Action Plan for the next
three years, and
WHEREAS, said Action Plan includes exploring
possibilities for additional and alternative air service to the airport,
and
WHEREAS, the
ASTF requires expert assistance to collect and analyze market data, assess
the suitability of certain air carriers, prepare airline proposals, and
provide expertise during air carrier/community negotiations, and
WHEREAS, the ASTF upon the advice of
certain airline industry executives, has determined that S, H, & E
International Air Transport Consultancy, Inc., is best qualified to render
the kind of assistance it needs, now therefore be it
RESOLVED, on recommendation
of the Air Service Task Force and review by the Facilities and Infrastructure
Committee, That a professional services agreement with SH&E Inc., of
Boston, Massachusetts, for labor and out-of-pocket expenses, not to exceed
$50,000, be and is hereby approved, and that the County Administrator be
and hereby is authorized to execute said agreement,
RESOLVED, further, That the costs associated
with these services be taken from the Airport’s operational budget until
reimbursement is received from the New York Statewide Opportunities
for Airport Revitalization (SOARs) program, said program being designed
to assist state airports with air service development.
SEQR ACTION: TYPE II-20
Approval of Minutes of October 19, 2004
It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of the October 19, 2004 meeting. MINUTES APPROVED.
Adjournment
On motion the meeting adjourned at 8:50 p.m.
Respectfully submitted by Karen Fuller, TC Legislature Office
Tompkins
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