Tompkins County Legislature
Regular Meeting
May 16, 2006 - 5:30 p.m.
Legislature Chambers


 

Called to Order

 

            Chair 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 Robertson). 

 

Presentation of Proclamation(s):

 

            Chair Joseph presented the following proclamations:

 

            Mental Health Awareness Month in Tompkins County - May, 2006, to David Buckley of the Mental Health Association;

            Tompkins Community Action Month in Tompkins County - May, 2006, to Lee Dillon, Executive Director, Tompkins Community Action; and

            Older Americans Month in Tompkins County - May, 2006

           

Privilege of the Floor by the Public

 

            Allen Lambert, City of Ithaca, spoke regarding the rules used by the Assessment Department in cases of small apartments and other small commercial businesses.  He said he owns a small four-unit apartment complex which experienced a significant increase in assessment and feels the reasons for the determination made by the Department were unfair and will eventually lead to property owners not being able to afford properties in Tompkins County.

 

            Beverly Livesay, Town of Ithaca resident, read and submitted the following statement for the record: 

 

            "Good evening.  My name is Beverly Livesay.  I am speaking to you on behalf of the League of Women Voters Committee studying the unmet needs of young children living in poverty in Tompkins County in support of the resolution authorizing the application for the JARC grant.

 

            "Among our more alarming findings are that 17% of children under 5 live in families that are below the poverty level, and that in a service-rich County there are many children whose needs are not being met.  Some of the barriers we encountered are waiting lists for services, and inadequate access to transportation to health care, parents' jobs, childcare and food resources.

 

            "Our study is ongoing and we will doubtless be back to you again as we seek your actions to help ensure that all children in Tompkins County get the start in life that will help them to achieve their full potential.  In the immediate future, the opportunities presented by this grant to help with some of the transportation needs are timely and should not be missed."

 

 

 

 

Privilege of the Floor by Legislators

 

Presentation of Distinguished Youth Award

 

            Mr. Proto, District No. 7 Legislator, presented Thomas Schwartz of Danby, with the Distinguished Youth Award for May, 2006.  Thomas was given this award in recognition of his service as a volunteer member of the Danby Volunteer Fire Company. Thomas joined the Volunteer Fire Company as a Junior Firefighter in December of 2004 and has since been on the scene at fire and rescue calls.  During his volunteer work with Danby Volunteer Fire Company, he completed extensive Fire Course and Medical training.  After his 18th birthday, Thomas moved up to adult firefighter status. He received the Rookie of the Year award at Danby Volunteer Fire Company’s Recognition Dinner held April 6, 2006.

 

            Ms. Mackesey, District No. 1 Legislator, reported she attended a luncheon on May 6 to recognize volunteers for the Food Bank of the Southern Tier.  She found the many years of serve represented by those volunteers impressive  She expressed gratification that volunteerism is alive and well in Tompkins County.         

 

            Mrs. McBean-Clairborne, District No. 2 Legislator, said it is great to see young people helping to play a key role in volunteering.  She also thanked everyone for their support while she has been on maternity leave and said her daughter, Indira Martine Clairborne, is two months old and doing very well.  She said she is able to be in attendance this evening because of the many people who have given her the opportunity to rest during the day. 

 

            Mr. Koplinka-Loehr, District No. 11 Legislator, announced the Tompkins County Diversity Consortium will be sponsoring a Community Diversity Roundtable that will take place on June 1st and encouraged others to attend.   The registration fee is $20. 

 

            Mr. Proto, District No. 7 Legislator, said he is having distributed to Legislators a copy of the Cayuga Lake Watershed Network's "Smart Steps for Clean Water".  He called attention to the NYSEG's proposed utility rate change on electric utilities and said it now appears Elliot Spitzer is taking NYSEG's side against the Public Service Commission.  He said they are currently under a six to nine year contract period with whoever they are buying electricity from and are proposing changing that to a year-to-year arrangement. 

 

            Mr. Proto also announced that Memorial Day festivities, include the Dryden Parade and the ceremony at Dewitt Park Monument.  He said participation is appreciated.

 

            Ms. Herrera, District No. 5 Legislator, reminded the public that today is school election day and encouraged everyone to vote.   She also announced the Ithaca Festival will begin on June 1st. 

 

Report from the Finance Director

 

            Mr. Squires reported the sale of seven foreclosure properties will take place this evening at the Human Services Building.  He also said he will be bringing a recommendation for bond counsel forward at future Legislature meeting.

 

Approval of Resolution(s)  Under the Consent Agenda

 

            It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda:

 

 

RESOLUTION NO. 75 - BUDGET TRANSFER – OFFICE FOR THE AGING

 

            MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda.

 

            WHEREAS, transfers from personnel lines require Legislative approval, now therefore be it

            RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget transfer on his books:

Office for the Aging

Revenue Acct                 Title               Amt                  Approp Acct                  Title

6772.51000529             Salary               $1,400              6777.54491                   Subcontract

6772.51000559             Salary               $4,156              6777.54491                   Subcontract

Explanation:  Restoration of funding for Foodnet to correct error made in budget.

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________________

 

Appointment(s) Approved Under the Consent Agenda

 

            It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:

 

Community Mental Health Services Board

Harmony Ayers-Friedlander - Term expires December 31, 2006

 

Advisory Board on Indigent Representation

Diane V. Bruns - term expires December 31, 2007

 

Environmental Management Council

Stanley T. Marcus - Town of Dryden representative; term expires December 31, 2007

 

Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee

 

RESOLUTION NO. 76 - AUTHORIZING AN APPLICATION FOR 2006 FEDERAL JOB ACCESS AND REVERSE COMMUTE GRANT (JARC) – TOMPKINS CONSOLIDATED AREA TRANSIT AND TOMPKINS COUNTY DEPARTMENT OF SOCIAL SERVICES

 

            MOVED by Ms. Herrera, seconded by Mr. Proto.   Ms. Herrera spoke in support of this program.  Ms. Carey, Commissioner of Social Services, said this is a new way of looking at this funding.  Three years ago the same grant was received; however, at that time the funding was used to look at increased and fixed-route issues.  This time they are looking at splitting the money in half with half going to TCAT to address some of the route issues and the other half going to DSS to focus on specific issues regarding low-       income individuals living in the community who are having transportation needs related to employment.   A voice vote resulted as follows:  Ayes - 14, Noes - 0, Excused - 1 (Legislator Robertson).  RESOLUTION ADOPTED.

 

            WHEREAS, the Federal Transit Administration Section 5316, Job Access and Reverse Commute Program (JARC) has two goals: to provide transportation services to low and moderate income individuals to access employment opportunities, and to encourage coordinated transportation planning and service delivery between transportation agencies, human service and social service agencies, metropolitan planning agencies, states, employers and affected communities and individuals, and

            WHEREAS, Tompkins County was appropriated $544,963 in JARC funds by Congress in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005 (CFR Vol. 70, No. 229, November 30, 2005), and

            WHEREAS, Tompkins County proposes to use these JARC funds as follows:

 

            For Tompkins Consolidated Area Transit - $297,201 for public transit service expansion targeted to underserved employment centers, a guaranteed ride program for TCAT pass users and marketing for the JARC Program, during the period of July 2006 to June 2009,

            For the County Department of Social Services - $247,762 for a travel broker, night taxi service, subscription van, flexible services, car-share and public information, during the period of July 2006 to June 2009,

 

            WHEREAS, these uses of JARC funds implements service priorities identified in JARC Program Plans of 2000 and 2002 (County Resolution No. 129 of 2002), as revised in 2006, now therefore be it

            RESOLVED, on recommendation of the Health and Human Services and the Planning, Development, and Environmental Quality Committees, That the Tompkins County Legislature authorizes the application of $544,963 in Job Access and Reverse Commute funds to the Federal Transit Administration,

            RESOLVED, further, That the Tompkins County Administrator or his designee is authorized to sign the application for the County and:

Any and all Agreements between Tompkins County, the Federal Transit Administration and Tompkins Consolidated Area Transit for the above named project;

Any and all agreements between Tompkins County and any third party contractor necessary to complete the project, if applicable,

            RESOLVED, further, That upon receipt of the grant, the appropriate Committee of the Legislature will receive regular updates over the grant’s three-year period.

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__________________

 

Presentation of Resolution(s) from the Health and Human Services Committee

 

RESOLUTION NO. 77 -  SUPPORT OF PANDEMIC FLU PLANNING EFFORTS – HEALTH DEPARTMENT

 

            MOVED by Mr. Proto, seconded by Mr. Booth.  Mr. Proto stated in the Health and Human Services Committee, Legislator Robertson voted against this resolution because she was concerned that it would be viewed as giving the Health Department an early lead in the budget process but it really doesn't.  A voice vote resulted as follows:  Ayes - 14, Noes - 0, Excused - 1 (Legislator Robertson).  RESOLUTION ADOPTED.

 

            WHEREAS, Pandemic Influenza could cause serious illness and result in disruption of social and business activity in Tompkins County, and

WHEREAS, the effects of a pandemic could be less severe if appropriate preparations are in place prior to a pandemic, and

            WHEREAS, in addition to the Health Department, other agencies and the general public will be asked to participate in planning for, coordinating responses to, and sharing resources to deal with a pandemic, now therefore be it

RESOLVED, on recommendation of the Health and Human Services and the Public Safety Committees, That the Health and Human Services Committee, the Public Safety Committee, and the Tompkins County Legislature consider preparedness for pandemic flu and other health emergencies to be a high priority and pledge support of the efforts of the Tompkins County Health Department in

 

coordinating the planning for Pandemic Influenza for the protection of the residents of Tompkins County.

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___________________

 

Presentation and Withdrawal of Resolution(s) from the Personnel Committee

 

RESOLUTION NO.         - AMENDMENT OF TOMPKINS COUNTY DIVERSITY STATEMENT

 

            MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne.  Mr. Proto said most of what is in this resolution is already contained in the Community Affirmative Action Plan; that Plan also includes the establishment of the Community Affirmative Action Committee.   He said that Committee does not have any appointed members at the present time and the last time it had a full complement of members was 1999.  He said there is a lot of redundancy to what is already on the books.    Mr. Proto stated it is not his intention to take away from the work of the Workforce Diversity and Inclusion Committee; however, he believes this Legislature should be updating the Community Affirmative Action Plan.    When he asked Shawn Martel-Moore, Director of Human Rights, if the Plan was broken, she responded that it was not.  He said he cannot support this resolution because he feels what is already on the County's books should be implemented appropriately.

 

            It was MOVED by Mr. Booth, seconded by Ms. Kiefer, to amend Section IV. EXPECTATIONS: No. 11, to read:  "The Commissioner of Personnel will continue to track the interviewing, hiring, transfer, promotion, and discharge of all personnel in order to encourage the achievement and maintenance of diversity within the Tompkins County workforce". 

 

            Mrs. McBean-Clairborne said she had a couple of changes she would like made to the resolution and requested permission to have the resolution withdrawn.   Chair Joseph granted permission for the motions to be withdrawn and the resolution will be brought back to a future Legislature meeting. 

 

Report from the Workforce Diversity Committee

 

            Ms. Martel-Moore, who has been chairing the Committee in Mrs. McBean-Clairborne's absence,  said the group will welcome any suggested changes to the previous resolution.   She reported the Committee is proceeding ahead with a marketing plan and is in the process of developing a logo.   She said a draft of the overall Diversity Plan will be presented to the full Committee in June.

 

Chair's Report

 

            Mr. Joseph reported the State Comptroller issued an audit report today on the Industrial Development Agency; a copy of the report is on file in the Legislature Office.

 

            Mr. Joseph reported the Planning, Development and Environmental Quality Committee is meeting Thursday and is short two members; he requested volunteers for temporary appointment to this Committee.  Ms. Mackesey said she would be willing to serve on a temporary basis.

 

            Mr. Proto said three members in attendance constitute a quorum.  Mr. Joseph responded that a few weeks ago he announced that several committees had experienced a shortage in members and were left with actions being unable to proceed forward.  He notified Legislators that he intends to fill committees whenever there are absences and he has the opportunity to make a temporary appointment.

 

            Mr. Proto challenged the ruling of the Chair as to the appointment of temporary members to a standing committee when there is quorum in order for items to not be blocked from moving forward.

 

            Ms. Herrera noted that Mr. Joseph asked for volunteers which she feels is random and impartial.

 

            Mr. Hattery read the following Rule XIII from the Rules of the Legislature:  "The Chair of the Legislature may make temporary appointments to fill vacancies on any committee caused by the absence of any of its members whenever a necessity exists for such appointment or appointments, but this should be the exception rather than the rule."  Mr. Hattery said the question lies in the interpretation of the word "necessity".

 

            Mr. Joseph said it is the ruling of the Chair to appoint members whenever there are not five Committee members present.   It was MOVED by Mr. Proto to object to this ruling based on the reading of the Rule of the Legislature  which indicates it needs to be a necessity to make this ruling.  He said he does not believe a necessity is apparent when there are three members of a standing committee in attendance.   The motion was SECONDED by Mr. Hattery.

 

            A voice vote overruling the ruling of the Chair resulted as follows:  Ayes - 5 (Legislators Hattery, Kiefer, Proto, Randall, and Sigler); Noes - 7 (Legislators Booth, Dennis, Herrera, Koplinka-Loehr, Mackesey, McBean-Clairborne, and Shinagawa); Excused from Voting - 1 (Chair Joseph); Excused - 1 (Legislator Robertson).  MOTION FAILED; the ruling of the Chair was upheld.

 

            Ms. Kiefer said until very recently the appointment of members to fill standing committees has been the exception rather than the rule.   She said she serves on Committees that experienced items not moving forward because of a lack of members in attendance; however, the problem she sees with appointing temporary members to standing committees is the lack of background information the person would have about a particular issue being discussed.   She believes this is why the Rule states that these appointments should be the exception rather than the rule and encouraged Mr. Joseph to return to making these appointments in that way.

 

            Mr. Joseph said he decided action was needed because a couple of members of this Legislature were on extended leaves and it was making committees not function adequately.  He would like to discontinue making these appointments when those Legislators return to attending meetings on a regular basis.

 

            Mr. Joseph announced he received an invitation to participate in Schuyler County's Annual Cardboard Boat Regatta on June 17th and asked for anyone who is interested to contact him. 

 

Report from the County Administrator

 

            Mr. Whicher reported on the Communications Capital Project and said the project has received final approval from the Town of Ithaca on the South Hill site.  He said most issues with the towns have been resolved and he is very optimistic all of the concerns have been addressed.  He noted this is a major step forward for the project.   In response to a question he explained he used the term "approval" because stated Ithaca College is the actual applicant for the South Hill site and the County is not applying to the Town of Ithaca; therefore, that terminology will not be used in the future.

 

            Mr. Whicher requested an executive session to discuss negotiations later in the meeting.

 

Report from the County Attorney

 

            Ms. Hertzberg, Assistant County Attorney, had no report.

 

 

 

Report from the Facilities and Infrastructure Committee

 

            Mr. Randall, Chair, had no report.  The Committee will meet on May 24th at 3 p.m.

 

Addition of Resolution(s) to the Agenda

 

            It was MOVED by Mr. Dennis, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to approve the addition to the agenda of the resolution entitled Ratification of Bargaining Agreement - Correction Officer Local 2062 Union.  (This resolution was withdrawn following executive session). 

 

Withdrawal of Resolution(s) from the Agenda

 

            The following resolution(s) were withdrawn during the meeting:

 

            Amendment ofTompkins County Diversity Statement

            Resolution to Abolish Administrative Policy 03-04 - Emergency Fringe Pool

            Ratification of Bargaining Agreement - Correction Officer Local 2062 Union

 

 

Report from the Planning, Development and Environmental Quality Committee

 

            Ms. Herrera, Vice Chair, reported the Committee met prior to this Legislature meeting.  The next meeting will be May 18th at 3 p.m.

 

Presentation of Resolution(s) from the Personnel Committee

 

RESOLUTION NO.        – RESOLUTION TO ABOLISH ADMINISTRATIVE POLICY 03-04 - EMERGENCY FRINGE POOL

 

            MOVED by Mr. Dennis, seconded by Mr. Proto.   Ms. Herrera said it is her understanding that some employees are under the impression that long-term disability plans have not been negotiated into all agreements and that some employees feel that the existing safetynet could be fixed.

 

            Mr. Randall said he cannot support this resolution and many of his views about this come from personal experience.  He said having such a plan in place can make a difference for some people to survive through a difficult time as well as being a way for co-workers to help someone in need.

 

            Mr. Dennis said he spoke with the Personnel Commissioner about this today.  The program has been in a state of limbo for approximately six months and asked Mr. Whicher to comment.  Mr. Whicher said a concern was brought to him by the Personnel Commissioner regarding problematic funding issues of the program.  He said after looking at this with the Finance Director and the Personnel Commissioner it was concluded that because each of the bargaining units, with one exception, have a disability plan in place, that the program should be discontinued.  The bargaining unit that does not have a disability plan was offered that option, however, it chose to stay with a sick-day plan.

 

            Mr. Joseph suggested that this resolution be withdrawn and that the Committee discuss it again.  Ms. Kiefer said she does not feel taking this back to Committee will change the conclusion; however, a month ago the Personnel Commissioner was asked to come back with options for employees who want to help co-workers do so and that information has not yet been received. 

 

            Ms. Kiefer offered the following friendly amendment:  "RESOLVED, further, That the Personnel Commissioner is hereby requested to develop options for a new program formalizing how County employees may help a fellow employee in a time of severe need."  Mr. Dennis did not accept this as a friendly amendment and said he would prefer this resolution be withdrawn and taken back to the Personnel Committee.  Chair Joseph granted permission to Mr. Dennis to withdraw the resolution from the agenda.  RESOLUTION WITHDRAWN.

 

RESOLUTION NO.       -  ESTABLISHING ANNUAL SALARY FOR THE POSITION OF

                                          COUNTY CLERK FOR THE YEARS 2007, 2008, 2009, AND 2010

           

            MOVED by Mr. Proto, seconded by Mr. Stevenson. 

 

            WHEREAS, State law requires this Board to establish salaries for the position of County Clerk, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salaries prior to the start of the term of office, consistent with State Law, and

            WHEREAS, the salary for the position of County Clerk for the years 2003-2006 was hereby established based on inflation as represented by the average of three most recent full years Federal CPI, namely a 2.77 percent annual increase, plus an extra $500 to be added to the annual base salary, for each year, resulting in 2006 salary as follows:

County Clerk - $61,203

, now therefore be it

            RESOLVED, on recommendation of the Personnel Committee, That the salary for the position of County Clerk for the years 2007-2010 is hereby established as reflected in the chart below:

 

                        COUNTY CLERK             % Change

                        2006:  $ 61,203                   0.0%

                        2007:  $ 63,957                   4.5%                                       

                        2008:  $ 65,876                  3.0%                                             

                        2009:  $ 67,852                  3.0%                                       

                        2010:  $ 69,888                  3.0%                                       

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* * * * * * * * * * *

 

            It was MOVED by Mr. Dennis, seconded by Mr. Booth, to SUBSTITUTE the above resolution with the following resolution with a goal of attaining financial equity in this position and the Sheriff's position:

 

RESOLUTION NO.       -  ESTABLISHING ANNUAL SALARY FOR THE POSITION OF

                                          COUNTY CLERK FOR THE YEARS 2007, 2008, 2009, AND 2010

 

            WHEREAS, State law requires this Board to establish salaries for the position of County Clerk, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salaries prior to the start of the term of office, consistent with State Law, and

            WHEREAS, the salary for the position of County Clerk for the years 2003-2006 was hereby established based on inflation as represented by the average of three most recent full years Federal CPI, namely a 2.77 percent annual increase, plus an extra $500 to be added to the annual base salary, for each year, resulting in 2006 salary as follows:

County Clerk - $61,203

, now therefore be it

            RESOLVED, That the salary for the position of County Clerk for the year 2007 be $67,667,

            RESOLVED, further, That the County Clerk’s salary for the years 2008-2010 increase at the same rate as the management salary.

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            Ms. Mackesey said she feels when someone runs for a political office they do so knowing what the salary is and she thinks that trying to put a political office into a point-grade system is not a good fit.   She said both positions of Sheriff and County Clerk have people who work directly under them who take on a huge amount of administrative responsibility and who are appropriately compensated.  She said it would not be fair to employees in other bargaining units to offer this amount of an increase to two positions.

* * * * * * * * * * *

 

            It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to substitute the substitute with the following resolution: 

 

RESOLUTION NO.       -  ESTABLISHING ANNUAL SALARY FOR THE POSITIONS OF

                                          COUNTY CLERK AND SHERIFF FOR THE YEARS 2007, 2008,

       2009, AND 2010

 

            A voice vote on the motion to substitute the substitute with this resolution resulted as follows:  Ayes - 8 (Legislators Kiefer, Hattery, Mackesey, Proto, Randall, Shinagawa, Sigler, and Stevenson); Noes - 6 (Legislators Booth, Dennis, Herrera, Joseph, Koplinka-Loehr, and McBean-Clairborne); Excused - 1 (Legislator Robertson).  MOTION TO SUBSTITUTE CARRIED; RESOLUTION BECOMES THE MAIN MOTION. 

 

            It was MOVED by Ms. Herrera, seconded by Mr. Proto, to separate the two positions of Sheriff and County Clerk into two separate resolutions.    A    voice vote on the motion to substitute resulted as follows:  Ayes - 11; Noes - 3 (Legislators Koplinka-Loehr, Mackesey, and Stevenson); Excused - 1 (Legislator Robertson).  MOTION TO SEPARATE CARRIED.  Mr. Sigler asked if we have ever tied salaries to the CPI.  Mr. Whicher noted when we discuss salaries in executive session it has been considered.  Ms. Kiefer said we used CPI for these same two positions four years ago.

 

RESOLUTION NO. 78 -  ESTABLISHING ANNUAL SALARY FOR THE POSITION OF

                                         COUNTY CLERK FOR THE YEARS 2007, 2008, 2009, AND 2010

 

            A roll call vote on following resolution becoming the main substitute resulted as follows:  Ayes - 9 (Legislators Booth, Hattery, Kiefer, Mackesey, Proto, Randall, Shinagawa, Sigler, and Stevenson); Noes - 5 (Legislators Dennis, Herrera, Joseph, Koplinka-Loehr, and McBean-Clairborne); Excused - 1 (Legislator Robertson).  MOTION CARRIED. 

 

            A roll call vote on the resolution as substituted resulted as follows:  Ayes - 10, Noes - 4 (Legislators Dennis, Herrera, Koplinka-Loehr, McBean-Clairborne); Excused - 1 (Legislator Robertson).  RESOLUTION ADOPTED.  

 

            WHEREAS, State law requires this Legislature to establish the salary for the position of County Clerk, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salary prior to the start of the term of office, consistent with State Law, and

WHEREAS, during 2003 - 2006 the County Clerk’s salary increased 2.77 percent plus an additional $500 each year that became part of the base pay of that year, resulting in 2006 salary as follows:

County Clerk - $61,203             

, and

            WHEREAS, it is the intention of this Legislature to continue to tie the salary increase for this elective position for the four-year term 2007-2010 to inflation using a standard based on the Federal Government's Consumer Price Index (CPI), and

            WHEREAS, the Federal Government's Consumer Price Index (Northeast Urban Area, including All Items) for 2003 was 2.8 percent, for 2004 was 3.5 percent, and for 2005 was 3.6 percent, giving an average for the last three full years of 3.3 percent, now therefore be it

            RESOLVED, on recommendation of the Personnel Committee, That the salary for the position of County Clerk for the years 2007-2010 are hereby established as reflected in the chart below, based on inflation as represented by the average of three most recent full years Federal CPI, namely a 3.3 percent annual increase.

                                                           COUNTY CLERK

                                                            2006: $  61,203            

                                                            2007:  $ 63,223

                                                            2008:  $ 65,309

                                                            2009:  $ 67,464

                                                            2010:  $ 69,691

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RESOLUTION NO. 79 -  ESTABLISHING ANNUAL SALARY FOR THE POSITION OF SHERIFF FOR THE YEARS 2007, 2008, 2009, AND 2010

 

            MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne. 

 

            WHEREAS, State law requires this Board to establish salary for the position of Sheriff, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salaries prior to the start of the term of office, consistent with State Law, and

            WHEREAS, the salary for the position of Sheriff for the years 2003-2006 was hereby established based on inflation as represented by the average of three most recent full years Federal CPI, namely a 2.77 percent annual increase, plus an extra $500 to be added to the annual base salary, for each year, resulting in 2006 salaries as follows:

Sheriff - $75,371

, now therefore be it

            RESOLVED, on recommendation of the Personnel Committee, That the salary for the position of Sheriff for the years 2007-2010 is hereby established as reflected in the charts below:

 

            SHERIFF                     % Change

            2006:  $75,371              0.0%

            2007:  $78,386              4.0%

            2008:  $80,738              3.0%

            2009:  $83,160              3.0%

            2010:  $85,655              3.0%

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* * * * * *

 

            It was MOVED by Ms. Kiefer, seconded by Ms. Macksey, to substitute the resolution that was separated.  A voice vote resulted as follows on subsituting:  Ayes -  9 (Legislators Booth, Hattery, Kiefer, Mackesey, Proto, Randall, Singawas, Sigler, and Stevenson); Noes - 5 (Legislators Dennis, Herrera, Joseph, Kopilnka-Loehr, and McBean-Clairborne); Excused - 1 (Legislator Robertson).  MOTION CARRIED; RESOLUTION BECOMES THE MAIN MOTION.  

 

            A roll call vote on the main motion resulted as follows:  Ayes - 10; Noes - 4 (Legislators Dennis, Herrera, Koplinka-Loehr, and McBean-Clairborne); Excused - 1 (Legislator Robertson).  RESOLUTION ADOPTED.. 

 

            WHEREAS, State law requires this Legislature to establish the salary for the position of Sheriff, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salary prior to the start of the term of office, consistent with State Law, and

WHEREAS, during 2003 - 2006 the Sheriff’s salary increased 2.77 percent plus an additional $500 each year that became part of the base pay of that year, resulting in 2006 salary as follows:

Sheriff - $75,371                      

, and

            WHEREAS, it is the intention of this Legislature to continue to tie the salary increase for this elective position for the four-year term 2007-2010 to inflation using a standard based on the Federal Government's Consumer Price Index (CPI), and

            WHEREAS, the Federal Government's Consumer Price Index (Northeast Urban Area, including All Items) for 2003 was 2.8 percent, for 2004 was 3.5 percent, and for 2005 was 3.6 percent, giving an average for the last three full years of 3.3 percent, now therefore be it

            RESOLVED, on recommendation of the Personnel Committee, That the salary for the position of Sheriff for the years 2007-2010 are hereby established as reflected in the chart below, based on inflation as represented by the average of three most recent full years Federal CPI, namely a 3.3 percent annual increase.

                                                            SHERIFF

                                                            2006: $  75,371            

                                                            2007:  $ 77,858

                                                            2008:  $ 80,428

                                                            2009:  $ 83,082

                                                            2010:  $ 85,823

SEQR ACTION:  TYPE II-20

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Report from the Government Operations Committee

 

            Ms. Herrera, Chair, reported the Committee will meet tomorrow at the History Center.   Mr. Stevenson announced he spoke with Matt Braun, Director of the History Center, who asked that any Legislator let him know if there is any issue they would like addressed at that meeting.  A tour of the Center will take place at 4 p.m.

 

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

 

            Mr. Koplinka-Loehr, Chair, reported the Committee met on May 8th and discussed the 20-year Capital Plan and financial goals.   He said the Committee is trying to look at the long-term picture in an effort to level out long-term capital decisions on the tax levy.  He reported on the budget calendar and said the certification of Rollover funds has been pushed one month later`.