Tompkins County Legislature
Regular Meeting
November 16,
2004
Legislature Chambers
Called 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: 14
Legislators. Excused – 1 (Legislator
Blanchard)
Privilege of the Floor by the Public
Bob McGuire, Town of Ithaca, spoke in regard to debate and discussions that have taken place about the proposed jail expansion and said he has not seen any justification or rationale for building a new jail. He suggested that the County use the funds intended for design to cover any necessary board-out costs. Mr. McGuire also spoke of the proposed 2005 Tompkins County Budget and stated he has been a resident of Tompkins County all of his life and experienced both a decrease in income as a result of the lingering recession and also the largest property tax increases. He stated his property taxes have increased 39 percent since 1998. Mr. McGuire urged the Legislature to lower the proposed tax rate increase.
Privilege of
the Floor by Legislators
Ms. Herrera, District No. 3 Legislator, presented the Distinguished Youth Award to the Ithaca High School Gay-Straight Alliance. Ms. Herrera said in this country there is a lot of talk about the desire to be united and this group exemplifies the notion of being uniters. Ms. Herrera introduced Nan Bell, Ithaca High School Librarian, who read the letter in which she nominated this group for the award. Ms. Bell spoke of the efforts and accomplishments of the Alliance and explained how the group’s tireless efforts have contributed to the group’s growing acceptance. Ms. Bell also explained that the group’s alumni have stated that participation in the group has given them a way to feel confident about themselves and loved ones and hope that larger society may offer them similar recognition.
Mr. Penniman, District No. 15 Legislator, circulated a City of Ithaca tax bill from 1915. He noted the total budget was approximately $200,000 for the City of Ithaca and included contributions for the Grand Army of the Republic in the amount of $100 and the Cornell Library Association in the amount of $200. Total salaries in the budget was $13,000 for City of Ithaca.
Ms. Robertson, District No. 13 Legislator, said her daughter, Jessie, was mentioned during the presentation of the youth award as being one of the founders of the Gay Straight Alliance. She said she is delighted that the group has thrived since it was created.
Ms. Schuler, District No. 4 Legislator, announced the Multicultural Resource Center will hold its annual meeting on November 18 at 5:30 p.m. at the Unitarian Church. She reported she received a communication from Aurora Valenti, County Clerk, informing her that the United States Naturalization ceremony will take place at the Groton Middle School with Justice Robert Mulvey presiding over the ceremony where over 56 individuals will be granted U.S. Citizenship. She said those applicants are from over 25 countries. Ms. Schuler also reported that in the New York Times Fall Style Section there was an article comparing Whole Foods Market and Wegmans. In the article there was a suggestion to "treat yourself to a glorious weekend in the Finger Lakes wine country, using Wegmans store in Ithaca, New York, as a home base."
Mr. Lane, District No. 14 Legislator, reported Governor Pataki vetoed modest budgetary reforms that were presented including the budget due date. He said 2005 will be much like 2004 with a huge State deficit and many more State unfunded mandates placed on counties.
Mrs. McBean-Clairborne, District No. 2 Legislator, announced the Greater Ithaca Activities Center will be hosting its Annual Harvest Dinner on November 19 at 6 p.m. in the Beverly J. Martin gymnasium. This event is free and open to the public. Mrs. McBean-Clairborne reported that she along with Legislator Herrera and Mayor Peterson, participated in an Elected Leaders Women’s Conference last week in Rochester. She found the conference very educative and encouraging to learn that many people throughout the State are dealing with the same issues.
Mr. Proto, District No. 7 Legislator, reported that due to a scheduling problem he was unable to complete a resolution for the Consumer and Community Affairs Committee pertaining to the Universal Fee Charge but will try to finish that by the end of this week. Mr. Proto also reported that many individuals who are involved in the veterans organizations have been working with Senator Nozzolio about getting part of the Sampson Air Force Base designated as a veterans cemetery. He stated there are several hundred thousand veterans from this part of the State but there is not a veterans cemetery located in this region.
Mr. Proto also reported that meetings are taking place with the Ithaca School District and BOCES to revive the efforts of the last several years relating to opening an Ag and Horticulture and Environmental school at the old Danby school. He said Debbie Giordano, Director of Workforce Development, has been supportive and helpful with that effort.
Chair’s Report
and Appointment(s)
Mr. Joseph called attention to a document distributed to all legislators from the Forum on Democracy and Trade. He said this is a group that has a mission of educating policy-makers on the impact of international trade agreements and policies. Mr. Joseph has invited the Director, Peter Riggs, to speak to this Legislature on December 7 at 3 p.m. Mr. Riggs will discuss how international trade agreements impact local governments and communities.
Appointment(s)
Mr. Joseph made the following appointment(s):
Workforce Development Board;
Term expires June 30, 2005
Julia M. Mattick – WIA Title I representative
Term expires June 30, 2006
Dami Hearth
Terms expire June 30, 2007
Lee Dillon
Irene Stein
Lisa Patz
Richard B. Bohman
Todd Mallinson
Report from the
County Administrator
Mr. Whicher reported the Commissioner of Mental Health position search continues and he hopes the selection process will be complete by the end of the year.
Report from the
County Attorney
Mr. Wood had no report.
Report from the
Finance Director
Mr. Squires reported on the bond refinancing resolution that was adopted at the last Legislature meeting in October. He said today the pricing for the refunding issue took place and the total savings was $856,000. He stated the County’s bond rating that was associated with the bond refunding was reaffirmed at AA2 with a negative comment which was an affirmative of what was previously issued. It stated that while the County’s Fund Balance has remained stable, it has not been growing in proportion to the increase in the budget; however, Moody’s stated they are aware of the general fiscal climate counties have to operate within. Mr. Squires reported sales tax receipts for the month of October came in ten percent above 2003. He also reported the 2003 Financial Report will be presented at the November 23 Budget and Capital Committee and will reflect the new accounting model, GASBY 34.
Addition of
Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of
Resolution(s) from the Agenda
Chair Joseph gave the appropriate committee chair permission to withdraw the resolutions from the agenda entitled Revision of Administrative Manual Policy Number 01-10 – Contracts and Adoption of 2005-2009 Tompkins County Capital Program.
Approval of
Resolution(s) Under the Consent Agenda
RESOLUTION NO. 231 - AUTHORIZING TOMPKINS COUNTY TO PAY THE
DIFFERENCE IN PAY BETWEEN MILITARY PAY AND BASE
COUNTY SALARY TO COUNTY OFFICERS AND EMPLOYEES
WHILE PERFORMING ORDERED MILITARY DUTY
MOVED by Mr. Proto, seconded by Mr.
Penniman, and unanimously adopted by voice vote by members present under the
Consent Agenda.
WHEREAS, the New York State Military
Law provides certain rights to public officers and employees absent on military
duty as members of Reserve Forces or Reserve components of the Armed Forces of
the United States, and
WHEREAS, pursuant to the Tompkins County Personnel Rules,
County officers and employees on authorized military leave are entitled to all
the rights and privileges set forth in said Military Law, and
WHEREAS, despite the rights and
benefits afforded by said Military Law and said Personnel Rules, calls to
active duty often impose financial hardship on those summoned and their
dependents, and
WHEREAS, by Resolution No. 313 of
2002, this Tompkins County Legislature authorized the payment of supplemental
benefits to County officers and employees called to serve their country through
December 31, 2003, and
WHEREAS, there may be renewed need
for activation of military personnel beyond 2004, now therefore be it
RESOLVED, on recommendation of the
Budget and Capital Committee, That effective January 1, 2004, the Tompkins
County General Fund will pay the difference in pay between military and base
County Salary to such County officers and employees in the Reserves or National
Guard who are called to serve their country due to military activation through
December 31, 2005, except in the event that military pay exceeds or equals
County salary, but not to exceed a maximum of ninety work days in any one
calendar year,
RESOLVED, further, That the Director of Finance will establish and notify Department Heads and affected employees of the procedures by which the differential shall be paid.
SEQR ACTION: TYPE II-20
__________________
RESOLUTION NO. 232 - ADOPTION OF REVISED ADMINISTRATIVE POLICY 03-15
MILITARY LEAVE
MOVED by Mr. Proto, seconded by Mr. Penniman, and
unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, there is a need to revise and update
Administrative Policies, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the following Administrative Policy is hereby revised:
03-15 Military Leave
SEQR ACTION: TYPE II-20
_____________________
RESOLUTION NO. 233 - BUDGET ADJUSTMENT – EMERGENCY RESPONSE
MOVED by Mr. Proto, seconded by Mr.
Penniman, and unanimously adopted by voice vote by members present under the
Consent Agenda.
RESOLVED, on recommendation of the
Public Safety Committee, That the Director of Finance be directed to make the following
budget adjustment on his books:
Emergency Response
Revenue Acct
Title Amt Approp
Acct Title(s) _______
3410.43389 Other
Public Safety $24,978 3410.54000 Program Expense
SEQR ACTION: TYPE II-20
____________________
RESOLUTION NO. 234 - ADOPTION OF AMENDED BYLAWS – TOMPKINS COUNTY
WORKFORCE DEVELOPMENT BOARD
MOVED by Mr. Proto, seconded by Mr.
Penniman, and unanimously adopted by voice vote by members present under the
Consent Agenda.
WHEREAS, the Tompkins County Workforce Development Board
wishes to amend its bylaws, and
WHEREAS, such amendments include but
are not limited to changing the name of the Board to the Tompkins County
Workforce Investment Board, amending the sections related to the annual
meeting, youth council, and committee structure, and deleting the order of
business and reference to the County Youth Board, now therefore be it
RESOLVED, on recommendation of the
Planning, Development, and Environmental Quality Committee, That the proposed
amended bylaws of the Tompkins County Workforce Development Board be and hereby
are adopted, said bylaws are on file with the Clerk of the Board.
SEQR ACTION: TYPE II-20
____________________
Report from the Consumer and Community Affairs Committee
Ms. Kiefer, Chair, reported the Committee will meet
tomorrow at 10 a.m.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported
the Committee met on November 9th. In
addition to discussing the resolution(s) on the agenda this evening the
Committee discussed the budget process valuation survey that will be sent out
at the end of the process. There was
also a discussion and review of the 1988 pay equity study and current
situations. The Committee concluded
that it may be necessary to recalibrate the point-factor rating system to
reflect changes relating to use of technology by employees in the workplace;
however, the system still meets the County's needs and it is not necessary to
move forward with a new study.
Proposed
Amendments to the 2005 Tompkins County Tentative Budget
Amendment No. 1 –
Amendment to 2005 Tentative Budget – TCAT Target Adjustment
MOVED by Ms. Herrera, seconded by Mr. Proto. Mr. Totman said he does not understand why this consolidation is costing additional money when often consolidations save money. Ms. Herrera said the pool of employees involved in this consolidation is small; therefore, prices are higher than they would be for larger groups. She said it is unfortunate the cost of health care is so expensive but hopes this Legislature will join with the City of Ithaca and Cornell to support this reorganization and the $100,000 target increase. Mr. Winch said he has not seen a reorganization plan as of this date. Mr. Proto said the details of the plan is not yet complete; however, the basic concept is to change the TCAT entity to TCAT Inc., which is a 501c corporation. Mr. Proto said all Legislators will receive a copy of the plan and the bylaws when they are complete. He agreed with Ms. Herrera's comments and stated the item that is taking the greatest amount of time is setting up the benefit package. Mr. Winch asked if there was an examination of reducing the administrative staff.
It was MOVED by Ms. Kiefer, seconded by Mr. Booth, to amend the target increase from $100,000 to $85,000. Ms. Kiefer noted the figure provided by TCAT as needed was $245,624, which, when divided among the three partners is about $82,000, not $100,000. Ms. Herrera said the numbers given are good faith estimates as final details have not been worked out. She asked that Legislators support the original estimate. Ms. Kiefer said she believes starting with a lower amount offers more leverage to negotiate. Mr. Penniman expressed concern with the short timeframe in which to finish this and believes TCAT should be given the flexibility.
A voice vote on the amendment resulted as follows: Ayes - 5 (Legislators Booth, Kiefer, Todd, Totman, and Winch); Noes - 9 (Legislators Herrera, Joseph, Koplinka-Loehr, Lane, McBean-Clairborne, Penniman, Proto, Robertson, and Schuler); Excused - 1 (Legislator Blanchard). MOTION FAILED.
A voice vote on the original amendment resulted as follows: Ayes - 10; Noes - 4 (Legislators Kiefer, Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard). MOTION CARRIED.
WHEREAS, TCAT requires an additional $300,000 in funding due to the transition to a not-for-profit organization, and
WHEREAS, the Tompkins County
Legislature and TCAT estimate this cost to be approximately $100,000 for each
partner, now therefore be it
RESOLVED, That TCAT’s target be
increased by $100,000, and
RESOLVED, further, That this action results in a
increase in the proposed property tax rate of $ .022 per thousand, a .33 percent increase in the proposed
property tax levy increase from 6.27% to 6.59%; and a .029 percent decrease in
the proposed property tax rate decrease from 4.19% to 3.90%.
* * * * * * * * * *
Amendment No. 2 – Amendment to 2004 Tentative Budget – Probation Rollover
MOVED by Mr. Lane, seconded by Mr.
Booth. Mr. Lane said he was informed
that the Department of Probation and Community Justice has approximately
$70,000 in unallocated rollover remaining that could be returned to the General
Fund. He said based on discussions
between the Director and County Administrator, the Department has a need for
$40,000; therefore, he will offer a motion to return the remaining balance to
reduce the tax rate. A roll call
voice vote resulted as follows: 8 (Legislators
Booth, Lane, McBean-Clairborne, Penniman, Proto, Todd, Totman, and Winch); Noes
- 6 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, Robertson, and
Schuler); Excused - 1 (Legislator Blanchard).
MOTION CARRIED.
RESOLVED, That there be a give-back in certified rollover
funds of $30,000, and
RESOLVED, further, That this amendment neither decreases
the 2005 property tax levy or tax rate.
* * * * * * * * * *
Amendment No. 3 – Amendment to 2005 Tentative Budget – 2005
Capital Program and Jail Board Out Adjustments
MOVED by Ms. Robertson, seconded by Mr.
Koplinka-Loehr.
Mr. Koplinka-Loehr stated since
September 21 there has been a lot of deliberation and review of various
scenarios. At that time a decision was
made by this Legislature to include funding in the Capital Program based on an
estimate of $300,000 for 2005 to proceed with the design. He said since that date a letter has been
received by the Commission of Corrections asking for a very exacting schedule
of design and contract documents in 2005.
Following the receipt of that information the consultants, Jacobs
Inc., reported to the Committee a
revised estimate of $656,000.
Mr. Todd said he feels Tompkins
County has a responsibility to house inmates here and believes by boarding
prisoners to other counties is only shifting responsibility. He also believes boarding prisoners out to
other counties will further burden the Sheriff and will be a high level of
expense and effort on the deputies, District Attorney, court system, and other
agencies.
Mr. Totman agreed with Mr. Todd's
comments and also stated if this Jail was constructed in the proper manner when
it was built, this problem would not exist today. He said if this Legislature does not build a facility that is
adequate it will only burden taxpayers and future generations.
Mrs. McBean-Clairborne stated when
people are incarcerated families are torn apart. She read a headline from the November 13, 2004, issue of the
Ithaca Journal which reported New York State has a high rate of children
poverty and poor prenatal care. She
said those are areas she would like funds to be directed. Mrs. McBean-Clairborne said there is a
correlation between poverty and crime and would like the County's efforts
directed towards how the poverty situation can be alleviated and how people can
put their lives back together. She
stated she voted in support of the 104-bed "living without variances"
model and still supports that model.
She said the principle around human cost and affordability makes her
support this amendment.
Ms. Robertson recognized the work of
Barbara Blanchard, Chair of the Public Safety Committee, the Sheriff, and
Jacobs Inc. for the hard work they have put into this difficult issue. She said she learned a great deal and
recognized the need to deal with the overcrowding and quality of space in the
Jail and to fix the space problems on the civil side. Ms. Robertson said unfortunately, the Commission of Correction
is forcing the County to build a 136-bed facility. She said she is bringing this motion forward because she feels
there is more that can be done to reduce crime and feels it would be better to
spend some of this money on a half-way house and affordable housing.
Ms. Robertson said the
alternative-to-incarceration programs have been evaluated and are working. An analysis of drug courts in New York
State in 2003 found that recidivism in drug court participants was reduced by
nearly one-third. The savings from drug
courts total more than $425 million. This
is based solely on a reduction in
incarceration costs and does not include other savings, such as foster
care, health care, and other public assistance. Ms. Robertson said she believes alternatives to incarceration
programs change peoples lives and will reduce the jail population in the
short-term and in future generations by continuing to support those
problems. She said spending $20 million
on a new jail will not help anyone in Tompkins County. She said this Legislature has been told that
three-quarters of the inmates in the jail are not violent criminals but have
been incarcerated due to substance abuse issues. She said Tompkins County is doing well in this area and should
continue in that direction.
Mr. Booth said he has struggled a
lot with this issue and believes that at some point the County will need to
build a new, satisfactory, up-to-date, somewhat larger jail. He thinks the alternatives-to-incarceration
programs and other efforts are helpful but eventually will not remove that
need. He said the Legislature's support
of a 104-bed facility made a lot of sense to him but the State rejected
that. Mr. Booth said a few weeks ago he
objected to placing funding in the capital program for designing a much larger
jail than is needed and to do so primarily for the purpose of keeping the
variances without an intention to ever build a new jail. He did not think that was the right decision
to make and voted against that motion.
He said this evening the Legislature is faced with two poor
choices. If the motion passes, the
County will stop making progress toward an up-to-date suitable jail and will
rightfully be criticized for wasting some money in doing what has been done up
to this point. He said the County will
lose the variances and will spend a great deal of money on boarding out
prisoners and much of that money may be seen as being wasted. Mr. Booth said this action will also
antagonize the State Commission and expects more consequences than removal of
the variances. If the motion fails, Mr.
Booth said the County will end up spending a considerable amount of money to
construct a jail larger than what the County needs and one that doesn't have
the support of this Legislature to ever be built. Mr. Booth said he will support this motion with the following
caveats: Board-out figures should be
carefully watched and if they are dramatically different than what is
anticipated, this matter should be reconsidered; a formal application should be
filed with the State to permit construction of a 104-bed jail; and if the
application is denied, he will ask the Legislature to litigate that decision,
focusing on two questions -- whether the State Commission has the authority to
regulate the size of the facility, and whether the Commission's denial is arbitrary
and capricious. He said if the County
is not successful with those efforts, he would then support building a facility
that is the size demanded by the State.
Mr. Penniman agreed with many of the
comments made by Mr. Booth. He spoke of
the cost of moving forward with construction of a new jail versus boarding-out
prisoners. He said he does not see this
motion as an end to the project but delaying it instead. He said the length of the delay depends on
the jail population, which will need to be watched. Mr. Penniman said if other counties have space, they may also
have programs that Tompkins County does not have. As for the difficulty with transportation and access to
attorney, he said it is his understanding that most board-outs would be post-sentencing
so that most of that would be over before they leave the County. Mr. Penniman said the cost of accelerating
this project faster than what was expected makes this the appropriate time to
make this decision and it appears that when the new jail is operational,
taxpayers will see a six percent property tax increase. At the present time he feels the cost of
boarding-out prisoners would be less than the cost to construct a new facility.
Ms. Kiefer said she supports the
comments made by Mr. Booth and said she has felt the Commission's decision
should be challenged. Ms. Kiefer said
she will not support this amendment because of concern for how residents of
Tompkins County are treated. Ms. Kiefer
said the County is doing an increasingly good job on spending money to offer
alternatives to incarceration, and that is very important and must continue,
but is not doing well on offering services to people who are in the Jail. She said reference has been made to the
inadequate programming and space and the only solution she sees to those
problems is to move forward and construct a new facility. Ms. Kiefer stated a 136-bed facility is too
large but since this motion is silent on the subject of schematic design, she
assumes the contract with Jacobs will continue to get the schematic design
finished which will be near April, 2005.
Ms. Kiefer said it would be at that time that the County would be better
advised to decide whether or not to move forward with jail construction or not.
Ms. Schuler said this is a State
mandate that the residents of Tompkins County cannot afford. She read the following paragraph from an
editorial in today's Ithaca Journal entitled "Three People in the
Room":
"The only real solution to this
problem is a change in law. Commission
members should retain their power to ensure humane conditions in a jail and
proper training for corrections officers.
But the Commission's power to force new jail construction must be
transferred from those three appointees to local elected officials. The Commission of Corrections and the County
law enforcement officials should work together to increase on a Statewide basis
alternatives to incarceration programs and the creation of long-term
county-to-county agreements for boarding out prisoners during the occasions
when local jail reaches or exceed capacity."
Ms. Schuler said she will support
the proposed amendment because she does not believe increasing the size of the
jail is something that should occur.
Mr. Joseph said over the last twenty
to thirty years there has been a steady increase in the number of people
incarcerated in jails and prisons across the country. It has happened locally and is a reflection of a nationwide
pattern. Mr. Joseph said the
percentage of the population that is incarcerated in this country at this time
is not matched anywhere else in the world and not matched by any other time in
history. Mr. Joseph said he feels it is
a mistake to focus so narrowly on what is our own personal experience over the
period of time that we have been involved in these issues because when you are
trying to plan ahead for twenty years, you should be looking at a long period
of history. He said when this is done
it becomes clear how abnormal the last twenty year period has been and also
that it is changing. Mr. Joseph said
nationwide crime rates and incarceration rates are going down. He feels the driving force has been dealing
with drugs through criminalzation and
incarceration, and it is beginning to be recognized that it didn't work. Mr. Joseph said better strategies are
finally being developed for dealing with drugs such as treatment and prevention
programs. He said both the level of
drug abuse and the crime associated with it is beginning to drop and it’s a
mistake to make a $20 million plan for a $20 million project based on an
unsustainable growth pattern that we have seen that is already beginning to
fade. Mr. Joseph said he doesn't not
believe it is inevitable that Tompkins County will need to build a new jail but
believes it is perfectly reasonable that we can expect that we can return to
the incarceration rates that are the historical norm and he will keep striving
to achieve that.
Ms. Herrera said she discussed this
at length during her membership on the Public Safety Committee. She expressed her interest in building and
said the idea of having a new jail is something that is exciting to her and the
idea of having a better facility is important to her. She stated jails are basically obsolete after twenty years and that
is why the current plan that talks about building on the current facility does
not make sense to her. Ms. Herrera
said she believes alternative to incarceration programs can be very effective
but does not believe it will solve all of the problems, leaving some people
needing to be incarcerated. She said
nothing she has heard leads her to believe that the size of the jail that is
being proposed is practical for Tompkins County. She also spoke of the cost, the social cost of families having to
travel to see an inmate, and said she will support construction of the right
jail which is one smaller than the 136-bed facility being proposed.
Mr. Lane agreed with many of the
comments made by Ms. Kiefer. He said
this has turned from a money issue to an ideological fight on this Legislature
between those people who are totally committed to this County not needing any
or only a little more jail space and those who believe in the future Tompkins
County will need to do more. Mr. Lane
said before there was state regulation of local jails, the way prisoners were
treated was criminal. He said as much
as we don’t like the unfunded regulation that is placed upon us by the State,
there is a reason behind it. Mr. Lane
said in his career he has worked with a lot of State regulatory agencies and
said the worst thing a county can do is to tell them no and feels that is what
this amendment does. Mr. Lane said he
supported the 104-bed option. He said
he is not convinced the County would do anything other than spend a lot of
money in pursuing a court action. Mr.
Lane said he is encouraged by the fact that there has been a lot of negotiation
with the State Commission of Correction and reminded the Legislature that the
original proposal of a 160-bed facility was negotiated down.
Mr. Lane said if this resolution passes this evening
there may be other sanctions against Tompkins County beyond board-out
costs. He stated spending money on
boarding out prisoners is a waste of funds and that it will only benefit
surrounding counties. He spoke of the
current jail and said the lack of program space is wrong and individuals who
are boarded to other counties, most likely to be women, will not receive services they should have
and will be moved farther from family.
Mr. Lane said he supports spending money on a new facility rather than
on boarding prisoners to other counties.
Mr. Winch raised issues such maintenance or rehabilitation of the current
facility and the increasing cost of construction. He asked if this Legislature is prepared to increase the
Facilities budget to maintain the structure we currently have because it has a
tremendous amount of mechanical equipment in it.
Mr. Totman said he has not received adequate
information with regard to how many people have successfully gone through the
alternative to incarceration programs.
He also said he does not feel action should be taken on this issue this
evening because Barbara Blanchard, Chair of the Public Safety Committee, is out
of town. Mr. Totman suggested this be
postponed to the next meeting when Ms. Blanchard can be in attendance.
Mrs. McBean-Clairborne said she is not interested in
spending money on further design of the facility. She agreed with comments about the lack of program space in the
Jail. She said she would like to see as
much passion and vigor put into the issue of poverty. She stated there is a disproportionate number of people of color
in jails and prisons and a disproportionate number who live in poverty. Mrs. McBean-Clairborne said she would like
to see a change in the tax rate and was hoping when this amendment came forward
that it would do that. She spoke of
the current facility and said she would like to see items fixed that are in
need of attention but doesn’t think that involves creating new jail cells. She said she believes jail populations are
going to go up and are going to go down and although there are many
alternative-to-incarceration initiatives going on she would like to see more
emphasis on examining why people are being incarcerated in the first
place.
Ms. Robertson said in terms of the cost, there will
be no savings in the tax rate in 2005 but this amendment will save more than
two percent on the 2006 tax rate. She
said this project would cost $2 million annually; therefore, the County would
need to boardout 52 people on a daily basis to break even. She spoke of the successes of the
alternative-to-incarceration programs and stated not only is the County saving
on incarceration but is also seeing savings from those who have become citizens
who are no longer in need of other public services.
Mr. Penniman said there are arguments on both sides
and he believes his decision is based on the magnitude of the savings that can
be achieved by boarding out. He said
saving $1.5 million on postponing this project provides the County with a lot
of options for that money.
Ms. Kiefer
thanked Mr. Winch for raising the issue of the need to spend money on the
existing facility and asked if Mr. LeMaro, Director of Facilities, could provide
the Legislature with information on what those projected costs are.
Mr. LeMaro said the cost of doing temporary stop-gap
measures for postponing the project for five years would be $260,000, with
$80,000 being spent in 2005. That
funding would address items such as HVAC plumbing, security systems, electrical
upgrades, the building envelope and interior, space issues, parking lot, and
roof repairs. He said there are many
systems in the current facility that are costly to maintain. He said the cost of permanent repairs would
be $3.5 million and would address only the building efficiency and not the
space issues.
It was MOVED by Mr. Totman, seconded by Ms. Kiefer,
to postpone action on this amendment until the next Legislature meeting. A voice vote resulted as follows: Ayes – 1 (Legislator Totman); Noes – 13,
Excused – 1 (Legislator Blanchard).
MOTION FAILED.
A roll call vote on the amendment resulted as
follows: Ayes – 8 (Legislators Booth,
Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, Penniman, Robertson, and
Schuler); Noes – 6 (Legislators Kiefer, Lane, Proto, Todd, Totman, and Winch);
Excused - 1 (Legislator Blanchard).
MOTION CARRIED.
WHEREAS, the Tompkins County Legislature will not
proceed at this time with construction of a new Public Safety Building
Facility, and
WHEREAS, not constructing a new
facility will result in loss of variances from the New York State Department of
Corrections requiring additional board out costs, and
WHEREAS, the Tompkins County Legislature allocated
$250,000 for the Public Safety Building Facility capital project planning in
the 2005 budget, now therefore be it
RESOLVED, That the 2005 capital
program be reduced by $250,000,and
RESOLVED, further, That the
Contingent Fund be increased by $400,000 and the Sheriff, on a monthly basis,
will request reimbursement for jail board out expenses, and
RESOLVED, further, That this amendment neither
increases nor decreases the 2005 property tax levy or tax rate increase.
RESOLVED, further, That this action amends the
anticipated capital expenditure in 2006 for the Public Safety Building Facility
from $1,603,556 to zero (calculated at $310,574 = 1% of 2005 tax levy;
$1,603,556 equals 5.16%).
* * * * * * * * * *
Amendment No. 4 – Amendment to 2005 Tentative Budget – Highway Target Adjustment
MOVED by Ms. Robertson, seconded by Ms. Herrera. Mr. Booth urged Legislators to vote in opposition to this amendment. He said the condition of the highway system is severely taxed and believes this funding provides a small piece of what needs to be done to address that. Ms. Robertson said this is a small adjustment to the budget and feels it would offset the increase by TCAT. She said the County has already made a huge contribution to the condition of the highways and is out of line with the allocations to other departments. Mr. Winch said the County has fallen behind in highway maintenance over the last ten years. He thinks that while the capital project will help it will take many years to catch up because the condition of the highways has fallen behind so far over the years. Ms. Herrera said the Highway Division is in a transition time right now and this is an appropriate time to take these funds out of the budget. Mr. Lane said he cannot support this amendment based on negotiations that have taken place up to this point. Mr. Totman said County highways are extremely important and cannot support the proposed amendment.
A voice vote resulted as follows: Ayes – 5 (Legislators Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, and Robertson); Noes – 9 (Legislators Booth, Kiefer, Lane, Penniman, Proto, Schuler, Todd, Totman, and Winch); Excused – 1 (Legislator Blanchard). MOTION FAILED.
RESOLVED, That the Highway Department’s target be
reduced by $100,000 in the highway materials budget line, and
RESOLVED, further, That this action results in a decrease in the proposed property tax rate of $.022 per thousand, a .33 percent decrease in the proposed property tax levy increase from 6.27% to 5.94%, and a .029 percent increase in the proposed property tax rate decrease from 4.19% to 4.48%.
Recess
Mr.
Joseph declared recess from 7:53 p.m. to 8:20 p.m.
RESOLUTION NO. 235 - ADOPTION OF 2005 TOMPKINS COUNTY BUDGET
MOVED
by Mr. Koplinka-Loehr, seconded by Mr. Penniman. It was clarified that this resolution includes the budget that
came out of the Expanded Budget Committee and all of the amendments that have
been approved this evening.
Mr.
Lane said he is very disappointed with where the budget has ended up. He said in over 20 years in elected office
he has never voted against a budget that has been crafted by a board through
hard work and teamwork. He said he was
prepared to support this budget based on the tentative budget agreement and
comments made at the public hearing; however, the actions made this evening
with regard to the Jail makes him unable to support the budget.
A
question was raised as to what would happen if the budget does not pass this
evening. It was unclear what would
constitute the tentative budget if this resolution does not pass and Mr. Joseph
said he and the County Attorney will work together to provide an answer to this
question to the full Legislature.
Ms.
Robertson said the proposed budget represents a final product that doesn't give
everyone what they wanted and gives everyone something they wanted. She said at the November 4 Public Safety
Committee meeting there was new information provided that clarified that the
Commission of Correction was going to require the County to spend $356,000 in
2005 that was not planned for or the variances would be taken away. She stated the this information was not
available at the September 21 meeting when this Legislature decided to move
forward with the project.
Mrs.
McBean-Clairborne said she has issues with this budget that are based on
principal. She said she believes too
much funding has been added to the Highway budget this year and is not
comfortable with the current level of tax increase.
Ms.
Herrera said she believed that when this Legislature set the three percent goal
that there would be more effort to achieve that. She spoke of the many people in her district who can't afford to
live there anymore. She said she is
willing to compromise; however, she cannot support the budget for reasons such
as the highway amendment that was approved.
Mr.
Winch said up until the last month he was satisfied with the budget process;
however, he is bothered by recent actions.
He said the vote this evening to halt the Jail project leaves many
unanswered questions for him that leaves him very concerned about the direction
the County is moving in.
A
roll call vote resulted as follows:
Ayes- 7 (Legislators Booth, Joseph, Kiefer, Koplinka-Loehr, Penniman,
Robertson, and Schuler); Noes - 7 (Legislators Herrera, Lane,
McBean-Clairborne, Proto, Todd, Totman, and Winch); Excused - 1 (Legislator
Blanchard). RESOLUTION LOST
WHEREAS,
a tentative budget for the year 2005 was recommended by the Budget and Capital
Committee on October 15, 2004, and approved for review by the public by the
Legislature on October 19, 2004, and a public hearing was held on November 9,
2004, and all persons desiring to be heard concerning same have been heard, now
therefore be it
RESOLVED,
on recommendation of the Budget and Capital Committee, That pursuant to Section
5.07 of the County Charter, the said proposed budget as amended is adopted,
subject to the correction of manifest errors by the Clerk of the Legislature
and the Budget Officer, as the budget of Tompkins County for the year 2005,
RESOLVED,
further, That pursuant to Sections 5.03, 5.04, and 5.05 of the County Charter,
the several amounts specified in such budget opposite each item of expenditure
set forth in the column adopted are appropriated for the objects and purposes
specified, effective January 1, 2005,
RESOLVED,
further, That the sum of $33,073,560 required to meet expenses and costs of
county government in Tompkins County for the fiscal year 2005 as set forth in
the budget be assessed against, levied upon, and collected from the taxable
property of the nine towns and the city liable therefore.
SEQR
ACTION:
TYPE II-21
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RESOLUTION NO. 236 - REQUEST FOR AUTHORIZATION TO EXTEND THE
ADDITIONAL ONE PERCENT LOCAL SALES TAX RATE IN
TOMPKINS COUNTY
MOVED by Mr. Koplinka-Loehr, seconded by Mr.
Booth. Mr. Lane said he would like to
explore reducing the sales tax on energy.
A voice vote resulted as follows:
Ayes – 12, Noes – 2 (Legislators Proto and Schuler); Excused – 1
(Legislator Blanchard). RESOLUTION
ADOPTED.
WHEREAS, this Legislature in 1991,
1992, 1994, 1996, 1998, 2001, and 2003 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 2003 expires November 30, 2005, 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) $8,256,468 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, nw therefore be
it
RESOLVED, on recommendation of the
Budget and Capital Committee, That this Legislature requests that
Assemblyperson Lifton, Senator Seward, and Senator Kuhl 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, 2005, based on the same terms and conditions included in previous
legislation, to provide local property tax relief.
SEQR ACTION: TYPE II-20
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Withdrawal of Resolution(s) from the Agenda
Mr. Joseph granted permission to Mr. Koplinka-Loehr to withdraw from the agenda the resolution entitled Adoption of 2005-2009 Tompkins County Capital Program.
Report from the Government Operations Committee
Mr. Lane, Chairman, reported the
Committee will meet November 18th.
Report from the Communications Capital Project Committee
Mr. Penniman, Chairman, reported the
Committee will meet jointly with the Public Safety Committee on December 2nd
at the Department of Emergency Response.
Report from the Space Needs and Location Committee
Mr. Proto, Chairman, reported the
Committee met last week and reviewed material that will make up the contract
for the last phase of the project. He
said there will also be an opportunity to review a draft schedule and
activities. He noted one of the items
that remains under examination is the Office for the Aging space and it was
suggested that the Committee begin looking at some options that include the
Senior Citizens Center. Mr. Proto
reported the Committee also reviewed some potential sites for the Health
Department. He spoke of the report
being prepared and said the Committee needs that information to help address
other issues such as the Human Services and Mental Health Buildings. It was stated that whether or not the County
proceeds in any particular direction, the information gathered will help the
County utilize existing buildings. The
next meeting is tentatively scheduled for December 8th.
Report from the Health and Human Services Committee
Ms. Robertson, Chair, reported the
Committee met on November 10th and received a comprehensive update
from Nancy Zahler, Director of Youth Services, on the Department’s work with
town officials. They talked at length
about the prescription card program and authorized Jackie Kippola, Contracts
Administrator, to sign a contract with CAREMARK. This item will be brought to the full Legislature in early
January. Ms. Robertson announced the
November 24 meeting has been canceled; the next meeting will be December 8th.
Report from the Public Safety Committee
Mrs. McBean-Clairborne, Vice Chair,
reported the Committee met on November 4th and discussed much of the
information that was brought forward earlier in the meeting pertaining to the
Public Safety Building. The next
meeting will be December 2nd.
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Due to lateness of the hour, Mr. Booth, Chairman, did not have a report.
RESOLUTION NO. 237 - APPROPRIATION FROM CONTINGENT FUND - EMERGENCY
STANDBY GENERATOR - TOMPKINS COUNTY ANNEX
BUILDING C - FACILITIES
MOVED by Mr. Booth, seconded by Ms. Schuler. A short roll call vote resulted as follows: Ayes – 14, Noes – 0, Excused – 1 (Legislator Blanchard). RESOLUTION ADOPTED.
WHEREAS, the Facilities Division has
completed an assessment of the need for an emergency standby generator within
the Courthouse Complex, and
WHEREAS, the Facilities Division of
Public Works can perform the installation of an emergency standby generator
estimated at $50,000, 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 generator,
RESOLVED, further, That the Director
of Finance be authorized and directed to make the following budget
appropriation:
FROM: A1990.54400
Contingent Fund $50,000
TO: A1620.52220 Department Equipment $30,000
A1620.54470 Building Repairs $20,000
SEQR ACTION: TYPE II-20
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RESOLUTION NO. 238 - APPROPRIATION FROM CONTINGENT FUND FOR
TERMINAL PAY –
HIGHWAY DIVISION
MOVED by Mr. Booth, seconded by Mr. Penniman. A short
roll call vote resulted as follows:
Ayes – 14, Noes – 0, Excused – 1 (Legislator Blanchard). RESOLUTION ADOPTED
WHEREAS, the Highway Division had one employee, Painter
Mechanic, terminate employment effective September 28, 2004, and
WHEREAS, the Fiscal Policy of Tompkins County allows for
terminal pay replacement from the Contingent Fund, now therefore be it
RESOLVED,
on recommendation of the Facilities and Infrastructure and the Budget and
Capital Committees, That the Director of Finance is hereby authorized and
directed to make the following budget appropriations:
FROM: A1990.54440 Contingent Fund $2,301.34
TO: DM5130.51000855 Salary – Painter Mechanic $1,655.64
DM5130.58800 Fringes $ 645.70
TOTAL $2,301.34
SEQR ACTION: TYPE II-20
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RESOLUTION NO. 239 - ESTABLISHING A UNIT CHARGE FOR THE 2005 SOLID WASTE
ANNUAL FEE
MOVED by Mr. Booth, seconded by Mr. Totman. A voice vote resulted as follows: Ayes – 11, Noes – 3 (Legislators Kiefer,
Proto, and Schuler); Excused – 1 (Legislator Blanchard). RESOLUTION ADOPTED.
WHEREAS, the unit charge for the
2005 Solid Waste Annual Fee has been recommended by the Facilities and
Infrastructure Committee, now therefore be it,
RESOLVED, on recommendation of the
Facilities and Infrastructure and Budget and Capital Committees, That the Unit
Charge for the 2005 Solid Waste Annual Fee be established at $52.00 per billing
unit, which is the same as the 2004 Solid Waste Annual Fee.
ATTACHMENT A: SCHEDULE OF RATES
CODE PROPERTY CLASS ‘USED AS’
(A)
Single family residences 210,240,241,242,250,280
Mobile Homes 270,271,416
Churches Z32
Unit Charge: One billing unit
per Church or living unit
(B)
Two-family residences All
220’s
and other residences with two
living units
Unit Charges: Two
billing units, except if verified as owner occupied and used as a single unit,
the charge is one billing unit.
(C)
Multi-unit residences
3 or more units 230’s
Apartments A01
- A07
Rooming houses: 418
2.5
beds = 1 billing unit
Unit Charges: One billing unit
per living unit
(D)
Colleges: All tax exempt
parcels owned by the colleges
Unit Charges: Tompkins
Cortland Community College $5,918.36
Cornell
University $169,558.42
Ithaca
College $33,181.08
BOCES $29,084.08
Total
Colleges: $237,741.95
(E)
Recreation and Warehouse (except row storage) All K’s, Z01-Z11,
Z19-Z26,
F01-
Unit Charges:
$0.0186/sq.ft. F04,
F06, F07,F08
F10,
F11
(F)
Wholly Exempt Homes for the Aged 633
Wholly Exempt Other HealthCare Facilities 642
Unit Charges:
$0.0186/sq.ft.
(G)
All other All property
classes and ‘used as’ codes not listed elsewhere in a specific category
Unit Charges:
$0.0372/sq.ft.
(H)
Seasonal Residences 260
Property must be
classified as a seasonal residence by the Tompkins County Assessment Dept.
Unit Charge: One-half (1/2)
billing units per living unit.
(I)
No fee assessed:
Row storage F05
Non-contributive area Z98
Local government - all
tax exempt parcels owned by the city, towns,
villages,
and county within Tompkins County.
SEQR ACTION: TYPE II-20
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RESOLUTION NO. 240 - APPROPRIATION FROM HIGHWAY MACHINERY FUND
BALANCE
MOVED by Mr. Booth, seconded by Mrs.
McBean-Clairborne. A short roll call
vote resulted as follows: Ayes – 14,
Noes – 0, Excused – 1 (Legislator Blanchard).
RESOLUTION ADOPTED.
WHEREAS, the Highway Machinery –
Automotive Supplies account is currently in a deficit situation, and
WHEREAS, the cost of diesel fuel and
gas has increased approximately forty percent since January, 2004, and
WHEREAS, the cost of machinery parts
has increased up to twenty percent since the beginning of 2004, and
WHEREAS, the estimated cost of fuel
and parts to complete 2004, considering these price increases, is $70,000, now
therefore be it
RESOLVED, on recommendation of the
Facilities and Infrastructure Committee and
Budget and Capital Committees, That the Director of Finance be
authorized to make the following budget appropriation:
FROM: DM0599.0000 Highway Machinery Fund $70,000