Tompkins County Legislature

Regular Meeting

November 21, 2006

Legislature Chambers


Call to Order

 

               Mr. Joseph called the meeting to order at 5:30 p.m.

 

Pledge of Allegiance to the Flag and Roll Call of Members

 

               Members and guests participated in the Pledge of Allegiance to the Flag,

 

               Present:  15 Legislators.

 

Privilege of the Floor by the Public

 

               Nancy Zahler, Director of Youth Services, spoke to a proposal that will be brought forward later in this meeting to reduce the Youth Services budget for municipal youth services by $70,000.   This program is one that intervenes very early in the lives of young people at a very reasonable cost.  She shared a letter from a parent from the Town of Groton whose children have benefited from the program and urged the Legislature to not support the funding reduction to this program.

 

               Stephen Nicholson, Chair of the Environmental Management Council (EMC), spoke in regard to rescission of the City leash law on Festival Lands.  He said the EMC was startled and disappointed to learn that no environmental review has been done concerning the rescission of the City’s dog-leash law, specifically for the Festival Lands, to be effective December 1st.  Mr. Nicholson said State Law requires a State Environmental Quality Review and is requesting that the Board of Public Works insist on a properly executed SEQR review before it attempts to promulgate rules and regulations to implement the City’s new change in its Leash Law.   The Office of State Parks has also sent a letter to the Mayor requesting a SEQR review.    Mr. Nicholson said the adoption of this law will result in many dogs venturing into the special areas that needs special protection. 

 

Presentation of Distinguished Youth Award

 

               Ms. Robertson, District No. 14 Legislator, presented the November Distinguished Youth Award to the following individuals who participate in the Aggression Replacement Training Art (ART) for the Bridges for Youth and Families Program:

 

               Shawn Carroll – Ithaca

               Corey Bruneau - Lansing

               Anthony Nielsen – Dryden

               JJ Hefferon – Newfield

Brooke Sepos – Newfield

Nichole Mack – Lansing

Keiley Reeves – Lansing

 

The group was nominated by Trudy Pantalia, Program Manager, for “being forerunners in aggression replacement in Tompkins County.  Their bravery in group is well-matched by the changes in their behavior which have been reported back to us by family members and referral sources.  Community members are seeing first-hand the group members’ innovation in applying the skills they are discovering in ART to everyday life, thus impacting not only their own lives but also the lives of those around them”.

Privilege of the Floor by Legislators

 

               Mr. Joseph, District No. 12 Legislator, said at the last meeting there were several individuals who spoke of the racial implications of a letter written by Barbara Lifton in support of Peter Meskill.  He said much of the discussion was framed as a Democratic Party issue.  He has reflected on that discussion and it occurs to him that the issue is both narrower and broader than a Democratic Party. It’s narrower because it wasn’t the Democratic Party that sent the letter; it was one campaign that only a few people were aware of.  It is broader because although there may be only a few people involved, the actions reflect attitudes and stereotypes that are widespread in the larger society.  If we didn’t have the background of racism that already exists the individual actions wouldn’t be something that would be thought of.  He, therefore, sees this as one aspect of racism and racial attitudes that exist in our community and feels it is his responsibility as community, government, and party leader, to confront and deal with these kinds of things.  He said racism needs to be dealt with to make it something that is unthinkable. 

 

               Mr. Koplinka-Loehr, District No. 11 Legislator, spoke regarding the comments made at the last Legislature meeting and said he would like to take a lead personally in dismantling racism in the community and throughout government and the democratic party. 

 

               Mrs. McBean-Clairborne, District No. 2 Legislator, thanked those who attended the GIAC (Greater Ithaca Activities Center) Harvest Festival.   She said the community enjoys fellowship with community leaders.

 

Mr. Dennis, District No. 15 Legislator, said he heard from former Legislator Peter Penniman, who recently underwent major surgery.   Mr. Penniman is doing well and is looking forward to returning to doing the things he enjoys.

 

Chair’s Report and Appointment(s)

 

               Mr. Joseph reported on the Ithaca-Tompkins Regional Airport and said he received notification from the Federal government that they will not be living up to their contract to pay for the security services at the Airport which is a mandated service, specifically the escalator clause.  They will continue the requirement in the future to have Airports provide security, but it appears this is moving in the direction of the Federal government not providing any funding.  Mr. Shinagawa noted these costs are in the hundreds of thousands of dollars and can be devastating for small, enterprise airports.

 

               Mr. Joseph said all of the resolutions that were adopted at the NYSAC (New York State Association of Counties) conference are available in the Clerk of the Legislature’s Office. 

 

               He also reported he is in receipt of a another letter from Nassau County regarding the possible adoption of a regional cigarette tax.    The letter states that their representative to the NYSAC Committee on Taxation and Finance says that NYSAC is interested in promoting that and will have a resolution at the January meeting supporting an optional $1.50/pack tax on cigarettes for local government. 

 

Mr. Proto said in the news in the last several days it was announced that US Air is in the process of trying to negotiate a takeover with Delta.  Although Ithaca was not mentioned, it involved giving up gate assignments to Southwest Air.  He asked if anyone had updated information on how a potential merger of these two airlines might effect the local Airport.  Mr. Sigler said Delta rejected the deal this morning.  Mr. Shinagawa commented that the Ithaca-Tompkins Regional Airport has remained strong with very good load factors.

 

Report from County Administration

 

               Ms. Martel-Moore, Deputy County Administrator, had no report.

Report from the County Attorney

 

               Mr. Wood had no report.

 

Report from the Finance Director

 

Mr. Squires had no report.

 

Addition of Resolution(s) to the Agenda

 

               It was MOVED by Ms. Robertson, seconded by Ms. Kiefer, to add the resolution entitled Resolution on the City Leash Law Rescission for the Festival Lands to the agenda.  A voice vote resulted as follows:  Ayes - 10; Noes – 5 (Legislators Booth, Hattery, Proto, Sigler, and Randall).  MOTION CARRIED.

 

               It was MOVED by Mr. Hattery, seconded by Mr. Booth, and unanimously adopted by voice vote, to add the resolution entitled Amendment to 2007 Tentative Budget – Multiple Reductions to the agenda.

 

Withdrawal of Resolution(s) from the Agenda

 

               Chair Joseph gave the appropriate committee chairs permission to withdraw the following resolution(s):

 

               Budget Transfers - Board of Elections

Authorizing the County Administrator to Grant an Easement to the City of Ithaca to Construct   and Maintain a Water Main

               Adoption of Bylaws – Workforce Diversity and Inclusion Committee

 

               Additional Resolution(s) were withdrawn at the end of the meeting.

 

Approval of Resolution(s) and Appointment(s) Under the Consent Agenda

 

               It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda.

 

RESOLUTION NO. 197 - APPROVING COMPLETED TAX ROLLS AND DIRECTING THE              

       EXECUTING AND DELIVERY OF WARRANTS

 

               MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda.

 

               WHEREAS, it is necessary annually to provide for property tax collection in Tompkins County to meet expenses and the cost of county governments in Tompkins County, and to direct that upon the tax rolls of the several towns and City, the several taxes will be extended, now therefore be it

               RESOLVED, on recommendation of the Budget and Capital Committee, That the tax rolls be approved as completed and that there shall be extended and carried out upon the roll the amount to be levied against each parcel of real property shown thereon,

               RESOLVED, further, That there be annexed to each of said rolls a tax warrant prepared by the Director of Assessment as provided for in Section 4.00(b) of the Tompkins County Charter, that such warrants shall be the respective amounts theretofore authorized to be levied upon each of said rolls, that the several warrants be signed by the Chair and the Clerk of the Legislature under seal of the Legislature

 

 

 

 and by the Director of Assessment, and that said rolls with said warrants annexed are to be forthwith delivered to the respective collectors of the several districts of the County.

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RESOLUTION NO. 198 - IN SUPPORT OF A SUSTAINABILITY PROGRAM FOR    TOMPKINS COUNTY GOVERNMENT

 

               MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda.

 

WHEREAS, sustainability is often defined as meeting the needs of the present generation without compromising the ability of future generations to meet their needs, and

WHEREAS, Tompkins County should promote sustainable practices including social, environmental, and economic stewardship to benefit future generations and to inspire other municipalities, public and private entities, and residents, and

WHEREAS, individuals from several County departments and Cooperative Extension’s Energy Smart Program have identified the need to develop a program to promote sustainable practices by Tompkins County government, and

WHEREAS, this group, referred to as the Sustainability Team, has defined sustainable practices as including:

, and

WHEREAS, several initiatives and significant actions have been and continue to be underway in these areas through implementation of the Local Action Plan to Reduce Greenhouse Gas Emissions for County Government Operations (2003), the Tompkins County Comprehensive Plan (2004), and the 20-Year Comprehensive Solid Waste Management Plan (1993), all of which have been adopted by the Tompkins County Legislature, and

WHEREAS, it is recognized that further development and implementation of these and additional sustainability practices will require involvement, participation, and endorsement at all levels of the County organization, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That a Tompkins County Sustainability Team be appointed by the County Administrator,

RESOLVED, further, That the charge to the Sustainability Team is to develop an action plan to promote sustainable practices by Tompkins County government,

RESOLVED, further, That the Sustainability Team shall report progress on the sustainability plan to the Legislature annually by Earth Day.

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RESOLUTION NO. 199 - RETURNED SCHOOL TAXES

 

               MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the 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 2007 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 2006 be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto.

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RESOLUTION NO. 200 - RETURNED VILLAGE TAXES

 

               MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the 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 2007 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.

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RESOLUTION NO. 201 - ADOPTION OF APPORTIONMENT OF TAXES FOR 2007

 

               MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda.

 

               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 2007 final assessed values for the purposes of general 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 2007,

RESOLVED, further, That the several amounts therein listed for State tax and County tax for general County purposes for 2006 be assessed against, levied upon, and collected from taxable property of the several towns and City liable therefore.

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RESOLUTION NO. 202 - CORRECTION OF ERRORS

 

               MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda.

               WHEREAS, it is important that official minutes and reports be accurately written, now therefore be it

               RESOLVED, on recommendation of the Government Operations Committee, That the Clerk of the Legislature be and hereby is authorized to correct any manifest errors in the 2007 minutes of the Legislature or in reports of any committees.

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DESOLUTION NO.  203 - DESIGNATION OF NEWSPAPER

 

               MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda.

 

               WHEREAS, the Tompkins County Legislature must annually designate an official newspaper, now therefore be it

               RESOLVED, on recommendation of the Government Operations Committee, That the official newspaper for the County of Tompkins for the publication of all local laws, notices and other matters required by law to be published pursuant to County Law, Article 5, Section 214, Subdivision (2), and Local Law No. 1 of 1992 be designated from January 1, 2007, to December 31, 2007, as follows:

The Ithaca Journal, Ithaca, New York

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RESOLUTION NO. 204 - DATE OF ORGANIZATION MEETING

 

               MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda.

 

               RESOLVED, on recommendation of the Government Operations Committee, That in accordance with Section 151 of County Law, the organization meeting of the Tompkins County Legislature shall be held in the Legislative Chambers of the Tompkins County Courthouse, Ithaca, New York on Tuesday, January 2, 2007, at 5:30 o’clock in the evening thereof.

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RESOLUTION NO.  205 -     APPROVAL OF CONTRACT FOR ARTS AND CULTURE

           STABILIZATION - COMMUNITY ARTS PARTNERSHIP

 

               MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda.

 

WHEREAS, Community Arts Partnership (CAP) recognizes that the local arts and cultural community is a valuable and unique asset, and that a need exists to harness the power of the arts to develop tourism growth, and if strategically managed, that would stabilize and develop these assets to better serve tourists through well-planned marketing efforts, and

               WHEREAS, CAP was appointed to create a comprehensive arts marketing plan and develop and implement a plan for financial and operational stabilization of arts and cultural entities, and

WHEREAS, the arts and cultural community could better position itself in the marketplace to attract more visitors to and enhance visitors’ stay in Tompkins County, thus generating more dollars into the local economy, and

WHEREAS, funding exists within the Room Tax Occupancy budget for the Arts and Cultural Stabilization Plan program, and

WHEREAS, the Stabilization, Planning, and Development grant requests of the Arts and Cultural Stabilization Plan for $197,098 have been reviewed and recommended by the Strategic Tourism Planning Board, now therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee and pending approval of the 2007 County Budget, That $197,098 be appropriated from the Room Occupancy Tax Fund as budgeted for 2007 for the Arts and Cultural Stabilization Grants, and CAP shall then disburse grants as follows:

                                                                    2004 Amount                 2005                   2006                       2007

Hangar Theatre                                  $ 30,000               $ 30,000               $ 30,000               $ 32,500

Cayuga Chamber Orchestra              $ 20,000               $ 25,000               $ 20,000               $ 22,000

Kitchen Theatre                                 $ 25,000               $ 25,000               $ 35,000               $ 39,680

The History Center                           $ 20,000               $ 30,000               $ 23,000               $ 30,000

PRI/Museum of the Earth                                                              $ 20,000               $ 25,000

Historic Ithaca (State Theatre)         $ 30,000               $ 30,000               $ 30,000               $ 30,000

                                                                                         

Grants Total                    $125,000             $140,000             $158,000             $179,180

 

RESOLVED, further, That of the total 2006 program funds, $30,000 be paid to Historic Ithaca (State Theatre) for the purpose of the Arts and Cultural Stabilization Plan program,

RESOLVED, further, That of the total 2007 program amount of $197,098, $17,918 (10 percent of program expenditures) shall be paid to CAP for administrative evaluation and oversight services,

RESOLVED, further, That the County Administrator or his designee is authorized to sign any agreements with CAP pertaining to this program for $30,000 for 2006, plus $197,098 using 2007 funds ($179,180 for grants and $17,918 for program administration).

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Approval of Appointment(s) Under the Consent Agenda

 

               It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to approve the following appointment( s) under the Consent Agenda.

 

Public Information Advisory Board

Term beginns January 1, 2007 and expiring December 31, 2008

Charles W. Broadhead – At-large representative

 

Environmental Management Council

Term begins January 1, 2007 and expiring December 31, 2008

H. Roger Segelken – Village of Cayuga Heights representative

 

TCAT Representative

Term begins January 1, 2007 and expiring December 31, 2009

Kathy Luz Herrera – labor representative

 

Homeownership Oversight Committee

Kathy Luz Herrera – no set term

 

 

Presentation of Resolution(s) from the Budget and Capital Committee

 

RESOLUTION NO. 206 - REQUEST FOR AUTHORIZATION TO EXTEND THE

                     ADDITIONAL ONE PERCENT LOCAL SALES TAX RATE IN

                   TOMPKINS COUNTY

 

               MOVED by Mr. Koplinka-Loehr, seconded by Mr. Shinagawa.  Mr. Proto spoke of what precipitated the need for the longevity of the one percent sales tax and said there is disagreement amongst some legislators about this.  He stated back in the 1990’s the County’s Fund Balance was below zero and in danger of going lower; he recalls the Board decided to institute an additional one percent sales tax for one year or until the Fund Balance was restored and then it would be dropped.  Like so many taxes, including the Transfer Tax, he doesn’t think they will be dropped.  

 

               Mr. Joseph said he recalls that when the tax was first implemented there were a number of  representatives who said they would only support it for one year but doesn’t think that represented the opinion of the entire Board. 

 

Mr. Squires said this additional one percent sales tax represents $9.2 million.

 

               Mr. Booth said both the sales and property taxes are regressive; however, it is his personal choice to raise income from the sales tax because it is related to a person’s ability to pay, since it is a purchase decision.

 

               Ms. Robertson agreed with Mr. Booth and stated that students who live in tax-exempt housing do not pay property tax but do pay sales tax. 

 

               A voice vote resulted as follows:  Ayes – 12, Noes – 3 (Legislators Proto, Randall, and Sigler).  RESOLUTION ADOPTED.

 

               WHEREAS, this Legislature in 1991, 1992, 1994, 1996, 1998, 2001, 2003, and 2005 requested and received authorization from the State of New York to enact an additional one percent local sales tax in Tompkins County in addition to the three percent authorization that all New York State counties possess by law, and

               WHEREAS, the current authorization received in 2005 expires November 30, 2007, and

               WHEREAS, this Legislature has been requested by the offices of Assemblyperson Lifton and Senator Seward to forward any request for an extension of this authority when legislation can be timely prepared and submitted at the beginning of a session of the legislature, and

               WHEREAS, the expiration of the additional one percent local sales tax would necessitate, (1) $9,200,000 in reductions in County expenditures, creating a major impact on the availability of services, or a 27 percent increase in County property tax rates, or some combination thereof, as well as (2) substantial spending reductions or tax increases for the City, towns, and villages of Tompkins County, now therefore be it

               RESOLVED, on recommendation of the Budget and Capital Committee, That this Legislature requests that Assemblyperson Lifton, Senator Seward, Senator Nozzolio, and Senator Winner sponsor and support legislation extending the authority of the Tompkins County Legislature to extend the additional one percent local sales tax in Tompkins County beyond November 30, 2007, based on the same terms and conditions included in previous legislation, to provide local property tax relief.

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RESOLUTION NO. 207 - ADOPTION OF 2007 TOMPKINS COUNTY BUDGET AND

                                             2007-2011 TOMPKINS COUNTY CAPITAL PROGRAM

 

               MOVED by Mr. Koplinka-Loehr, seconded by Ms. Mackesey.

AMENDMENT TO 2007 TENTATIVE BUDGET – FINANCE  DEPARTMENT

 

It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to approve the following amendment.  A voice vote resulted as follows:  Ayes – 9 (Legislators Dennis, Herrera, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes – 6  (Legislators Booth, Hattery, Herrera, Randall, Sigler, and Stevenson).  AMENDMENT APPROVED.

 

WHEREAS, staffing in the Finance Department is at its lowest level in 18 years, and

WHEREAS, to avert a reduction in staff hours and avoid exposure to liability that would occur if mandated State and Federal filing deadlines were missed, now therefore be it

RESOLVED, That $8,000 in target funding be restored by reversing LDR 221,

RESOLVED, further, That this be offset for 2007 by returning Rollover funds in the amount of $8,000.

* * * * * * * * * *

 
AMENDMENT TO 2007 TENTATIVE BUDGET –MULTIPLE REDUCTIONS

 

It was MOVED by Mr. Hattery, seconded by Mr. Booth, to approve the following amendment.  Mr. Hattery said he is proposing this amendment because he thinks the budget as it stands is too far away from the target that was set many months ago and the growth in non-mandated spending is nine percent. He said in balancing the need to provide services and the need to maintain a reasonable halt to the growth in the tax burden he has put together a reduction package that would reduce the tax rate by approximately one percent. 

 

Mr. Booth said he would not support these items individually but believes as a package of items this amendment moves in the right direction and represents a reasonable package.

 

Ms. Robertson disagreed and said she does not feel this represents a reasonable package as three of the departments listed are some of the County’s smallest departments.  She said highway materials is one of the largest and only seeing a slight reduction in its increase. She also said Jail boardouts is a mandated expense and the County will be required to pay, whatever the cost.

 

               Ms. Mackesey said she cannot support this amendment.  She finds it troublesome to have put departments and agencies through the budget process and although the end result wasn’t satisfactory to everyone she feels it is demoralizing to the people doing the hard work to have this reappear at this time.   She doesn’t think it is good policy to lay off employees if it is at all possible to prevent.  She is not prepared to eliminate positions without making every effort to eliminate vacant positions first.

 

               Mrs. McBean-Clairborne said that while she appreciates the work that went into examining ways to make reductions, she cannot support this package as presented.

 

               Mr. Shinagawa said he cannot support this proposal because he feels most of the items in this resolution have already been discussed with the exception of the Planning Department positions and a conclusion was reached.  He feels the Planning Department has already endured significant cuts recently; therefore, he cannot support that reduction.

 

               Mr. Dennis said there are only portions of this proposal he could support but cannot support the entire package.

 

               Mr. Stevenson said he will support this amendment because he is constantly reminded about his constituents concerns over the tax rate and the amount of money that is spent.

 

A voice vote resulted as follows:  Ayes – 5 (Legislators Booth, Hattery, Proto, Sigler and Stevenson); Noes – 10.  MOTION FAILED.


           RESOLVED, That target funding be reduced from three Senior Planner positions to two (8020.51000609) in the amount of $49,357 and associated fringe (8020.58800) in the amount of $19,249 in the Planning Department and replaced with $35,000 one-time transition funding,

           RESOLVED, further, That target funding for Professional Services (7026.54400) be reduced for the Youth Services Department by $71,000 from $368,020 to $297,020,

           RESOLVED, further, That permanent funding in the Contingent Fund (1990.54400) for jail board-outs be reduced by $75,000,

           RESOLVED, further, That target funding for Highway Materials (5110.54312) be permanently reduced by $75,000,

           RESOLVED, further, That the Paralegal Aid position in the Human Rights Department is returned to .5 FTE and reduce the target by $23,409 ($16,841 – Salary account no. 8040.51000619 and $6,568 - Associated Fringe account no. 8040.58800).

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AMENDMENT TO 2007 TENTATIVE BUDGET – OCCUPATIONAL HEALTH AND SAFETY PROGRAM - HEALTH DEPARTMENT

              

It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote to approve the following amendment. 

 

RESOLVED, That $15,997 be reduced in 9040-Workers Compensation, and be offset by an equal fund balance appropriation as one-time funding.

* * * * * * * * * *

 

AMENDMENT TO 2007 TENTATIVE BUDGET – INCREASE CONTINGENT FUND

 

It was MOVED by Mr. Proto, seconded by Mr. Koplinka-Loehr, to increase the Contingent Fund by $475,000 to come out of the Fund Balance.   Mr. Proto explained both the Children with Special Care Needs and Early Intervention Programs come out of the Health Department.  Because the State has changed the reimbursement rate for tuition there is a shortfall for 2006.  This shortfall goes back to 2003 and amounts to approximately $1.2 million.  Ms. Cole, Public Health Director, explained that it takes the State a few years to go back and reconcile rates. 

 

Mr. Proto said he has met with Mr. Joseph, Mr. Whicher, Mr. Squires, and Mr. Koplinka-Loehr about this.  A decision has been made to form a small committee to address this.  At the present time enough information is not available; however, he noted all counties in New York State are facing this problem.    The amount proposed in this amendment represents what Health Department staff feel will impact the 2007 budget. 

 

               Mr. Booth asked for clarification as to what budget year this amendment addresses.  Mr. Proto responded that this amendment addresses only the 2007 budget and that staff may need to request an adjustment of funds for 2006.  That information is not available at this time.  Mr. Booth questioned whether it would be wise to adopt a budget without having this information because this could represent a significant impact on the current budget.

 

               Mr. Joseph said he had warmed that if PushBack, which was the local part of a Statewide effort to get Medicaid costs under control and to force the State to take responsibility for its own actions, won on Medicaid, New York State could come back with something else.  In all the meetings that took place one thing that was repeated was that this isn’t just about Medicaid but is about all funded mandates.   Mr. Joseph said this needs to be fought at the State level and the State needs to take responsibility for its actions.

 

Mr. Dennis agreed that a message needs to be sent to the State. 

 

Ms. Allinger of the Health Department stated NYSAC is very involved in this issue.   She also said these services are not reimbursable through insurance.

 

               Mr. Koplinka-Loehr said he seconded this motion because these funds will be placed as a buffer in the Contingent Fund and a vote to appropriate those funds will be required at a later date. 

 

               Mr. Booth disclosed that his wife is employed by the Franciska Racker Center.