Mr. Joseph called a public hearing to order at 5:30 p.m. concerning proposed Local Law No. 3 - A Local Law Amending the Tompkins County Charter and Code – Article 10 – Department of Planning and Article 11 – Department of Public Works. Mr. Joseph asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m.
Called to Order
Mr. Joseph called the meeting to order at 5:31 p.m.
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 Winch). Ms. Herrera was excused at 8:35 p.m.
Privilege of the Floor by the Public
Wendy Skinner, Public Information Coordinator, reported on the completion of the Tompkins County Pre-Disaster Mitigation Education and Outreach Project sponsored by NYSFEMA (New York State Federal Emergency Management Association) with support from contributions of the partners and community volunteers for pre-disaster mitigation. This Countywide project, which was administered by the Town of Dryden, focused on providing public information and administration about disaster preparedness. Partners included the American Red Cross; Ithaca Fire Department; Carol Griep, Fire Prevention Coordinator for the Public Health Department, Department of Emergency Response; National Weather Service out of Binghamton; Bangs Ambulance; and the SPCA. She reviewed projects that have been completed and distributed a written report to the Legislature. All of the activities undertaken through the Project make a significant contribution to education and outreach efforts for disaster mitigation in Tompkins County.
Michael Raffe, Executive Director of the American Red Cross, also spoke concerning the Tompkins County Pre-Disaster Mitigation Education and Outreach Project. He said he has addressed this Legislature on many occasions about disaster preparedness and the need for more emphasis to be placed on this. He spoke of the outreach efforts that have taken place and the work that has been done to prepare the public and said he thinks the County has come a long way in its outreach and public education efforts. He said he is extremely pleased that the materials distributed by Ms. Skinner have been prepared and noted that some items contained in the County’s Hazard Mitigation Plan are tied to this project. Mr. Raffee reminded the Legislature and public that September is Disaster Preparedness Month. He also thanked the Legislature for its support with this important effort.
Privilege of the Floor by Legislators
Mr. Lane, District No. 13 Legislator, thanked Ms. Skinner and Mr. Raffe for their efforts towards the issue of emergency preparedness. He said there are events that could hit this area and provided Hurricanes Hazel and Agnes as examples of past events that resulted in major damage in Tompkins County, some of which was due to a lack of preparedness. He stated Tompkins County needs to have its emergency responders ready to respond and communications and backup communications systems ready in the event of an emergency.
Ms. Kiefer, District No. 10 Legislator, expressed her relief that the working group of students at Redbud Woods seem to be out of harms way. She also said she is profoundly disappointed after reading an article in the Ithaca Journal that stated the University has agreed to do things that it already could of, would have, and should have done. The agreements between Cornell and those students did not require the University to give up anything with regard to the land that has involved a long, ongoing demonstration. She believes Cornell also could have agreed to work with the community to find an alternative to turning the woods into a parking lot.
Ms. Kiefer also spoke of the recent IDA (Industrial Development Agency) vote relating to the Gateway Project and thanked Legislator Herrera for her courage and convictions to oppose the proposed abatement for the project. She said it was reported on the radio that the Seymour Schmidt's analysis was ignored, although he wrote the book on the subject of that kind of analysis and believes it should have been paid more attention to. She also didn’t see any discussion about alternative abatement proposals.
Mr. Penniman, District No. 15 Legislator, responded to Ms. Kiefer’s comments and said he has spent quite a bit of time looking at the Gateway Project as he had a lot of concerns about it. He said in his discussions with others about this it was decided that they agreed with Seamore Schmidt's analysis and others that it was a very profitable undertaking and that it didn't seem to need an abatement. Unfortunately, however, the banks take a very conservative view towards the revenues, potential rents, risk of a changing market, and other factors, that it became clear they couldn't get financing unless there was an abatement.
Mrs. McBean-Clairborne, District No. 2 Legislator, thanked Ms. Skinner, Mr. Raffe, and the rest of the TompkinsREADY Team for their work on the pre-disaster mitigation plan. She said the entire Masters of Disaster curriculum has been used by over 800 individuals at GIAC (Greater Ithaca Activities Center) and is something that needs to begin as early as possible to educate people on the subject of emergency management. Mrs. McBean-Clairborne said she appreciates the efforts that have gone into more public education.
Mr. Proto, District No. 7 Legislator, also thanked Mr. Raffe for his work on emergency management and said the towns he represents are grateful as well. Mr. Proto said all Legislators should have received a copy of a memorandum from Joe Turcotte, TCAT, Inc., General Manager, to all bus drivers in regard to the homeland security in which instructions were given about what do in situations. Mr. Proto said Legislators should have also received an invitation to the joint meeting with partners to get a preliminary look at the TCAT, Inc., budget. It will be held at the Transit Center at 4 p.m. on July 24th.
Ms. Robertson, District No. 13 Legislator, reported on the impact of the war on Iraq and provided the following statistics: As of July 18, at least 1,770 members of the United States military have died since the war began in March, 2003; British military deaths - 92; Italy - 25; Ukraine - 18; Poland - 17; Bulgaria - 13; Spain - 11; and a number of other countries as well. Since January, 2005, 1,594 civilians have been killed. She also said a report that came out today states the number of civilians killed in this war to date totals 25,000. Ms. Robertson said she firmly believes this war did not have to happen and said this is a local issue because there are children of local residents and employees who are fighting this war. She said these facts need to be remembered and a way needs to be found to end this war.
Special Presentation – Income Tax Study Committee
Andy Sciarabba, Member of the Income Tax Study Committee, highlighted issues contained in the report. Mr. Sciarabba said the Committee was charged to see whether or not an income tax surcharge would be a way to eliminate or mitigate County taxes. He said it could be done, but the County income tax is only 25 percent of the total local tax burden on the resident taxpayers; therefore, the effect may not be as great as they had wanted it to be. While the Committee was looking at the pros and cons of what they were trying to accomplish with this they all wanted to stress the issue of fairness, and an income tax is more progression in that it relates more to your ability to pay than does property tax. Upon completion of the study, the group concluded that proceeding with a local income tax is unwarranted because of a number of hurdles that would have to be overcome. They also ran into a perception/public relations issue in that it would take time to educate the public about how the tax would work. Mr. Sciarabba said the tax could only be placed on residents of Tompkins County; therefore, 25 percent of the County's workforce that comes in from outside the County, would not be affected by this.
The Local Income Tax Study Group recommends that its study be used as a starting point for further study in the future and that the concept of a local income tax be expanded to include other municipal property taxes and school tax. If shifting a substantial portion of the tax burden from property tax to income tax is seen as a desirable goal, it would be more effective to make the shift on a statewide basis and it would be essential to include school taxes.
Mr. Joseph expressed his appreciation to members of the Committee who contributed a great amount of time to analyze this issue and come up with a recommendation. He also stated he fully concurs with the Committee's recommendation.
A copy of the full report is on file in the Legislature Office.
Ms. Kiefer expressed her appreciation for the report being well organized and easy to read and she referred to items referenced as "hurdles" and said although the County tax is only 25 percent of the total amount of local property tax that people pay in the County, it does not make an income tax a hurdle but just not as much relief as had been expected. She said she thinks it is a fair description but doesn't think of it as a hurdle. What she does see as a hurdle is whether an individual county has the will, or the likelihood to pass this at the State level for only one county.
Ms. Robertson also expressed appreciation to Committee members and said a discussion on this took place at the Budget and Capital Committee on two occasions. She thinks the public information issue could be resolved with time and effort. However, there does not seem to be any way around the structural problem in that institutions that now pay property tax would see property tax relief but not have a corresponding income tax to be paying. She said she endorses the concept of a Statewide surcharge or income tax that goes to schools on a per-pupil basis.
Mr. Lane said he is glad this study group was able
to take a look at this issue because it is a subject that has been raised
for many years. He said he agrees that this income tax is needed
for at the least Upstate New York to relieve school district taxes.
Mr. Lane said this needs to be enacted on a Statewide basis and we should
work with other counties to try to make this happen. He said
our State representatives need to be contacted and asked to support something
that is new and that will relieve the property tax burden.
Mr. Todd, District No. 6 Legislator, also thanked
members of the Committee for their work. He said one tax that hasn’t
been mentioned is an increase in the sales tax, which he would be more
inclined to support because it has a much broader base.
Chair's Report
Mr. Joseph reminded Legislators of the upcoming meeting of the Tompkins County Municipal Officials Association on July 26th and asked that those planning to attend to let the Association know in advance of the meeting.
Mr. Joseph reported he learned today that the White House Drug Policy Executive is coming to Ithaca on September 1st to have lunch at the Community Justice Center and then take part in the City Drug Court Graduation, followed by a session of the Drug Court. He said all Legislators are invited to attend and hopes everyone will take advantage of the opportunity. Mr. Joseph said he sees this as being significant and an honor and a tribute to the programs in this County that someone from the White House is coming to observe them. He will provide more information as he receives it.
Report from the County Administrator
Mr. Whicher announced the resignation of Mikel Shakarjian who has accepted a position with the State of New York. He said Ms. Shakarjian worked closely with the Communications Capital Project Committee and he will communicate adjustments in responsibilities to the Legislature as they move forward. Mr. Whicher requested an executive session to discuss contract for negotiations.
County Attorney
Mr. Wood reported he has received copies of the complaint in the Medicaid fraud case and they are available in his Office if any Legislator is interested in receiving a copy.
Report from the Finance Director
Mr. Squires reported he distributed a copy of the second quarter sales tax report to all Legislators this evening. He said the County's share is up by 3.38 percent and noted that the new development along the Route 13 corridor is having a positive impact on the City as they are experiencing double-digit increases. However, sales outside the City are down by five percent from last year. If this trend continues through the remainder of the year the County could likely exceed the sales tax estimate by $800,000. Mr. Squires also spoke of the Medicaid fraud issue and stated there was a very good article on this in the New York Times.
Resolution(s) Added to the Agenda
No resolutions were added to the agenda
Withdrawal of Resolution(s) from the Agenda
No resolutions were withdrawn from the agenda.
Approval of Resolution(s) under the Consent Agenda
It was MOVED by Mr. Penniman, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to approve the following resolution(s) and appointment(s) under the Consent Agenda:
RESOLUTION NO. 128 - AUTHORIZATION TO ACCEPT FUNDING FOR THE NEW YORK STATE PHARMACEUTICAL ASSISTANCE PROGRAM
MOVED by Mr. Penniman, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Tompkins County Office for the Aging
(COFA) has been awarded a grant through the New York State Office for the
Aging in order to facilitate the State Pharmaceutical Assistance Program
(SPAP) as part of its Health Insurance, Information, Counseling, and Assistance
Program (HIICAP), and
WHEREAS, COFA wishes to provide education and assistance
to seniors sixty-five years of age and over in Tompkins County enrolled
in Elderly Pharmaceutical Insurance Coverage (EPIC) and the Medicare Part
D prescription card, and
WHEREAS, COFA wishes to make seniors aware of the
choices available between EPIC and the Medicare Part D prescription card,
and
WHEREAS, the period of funding shall be from April
1, 2005, through September 30, 2005, now therefore be it
RESOLVED, on recommendation of the Health and Human
Services Committee, That the New York State Office for the Aging grant
in the amount of $50,000 is hereby accepted,
RESOLVED further, That the Finance Director is
hereby authorized to make the following adjustments to his books:
REVENUE: A6788.44772 Federal Revenue
$50,000
APPROPRIATION: A6788.51000559 Salary
$ 5,405
A6788.58800 Fringes
$ 2,108
A6788.52206 Computer Equipment
$ 4,902
A6788.52230 Computer Software
$ 2,410
A6788.52210 Office Equipment
$ 1,529
A6788.54303 Supplies $
790
A6788.54330 Printing
$ 1,500
A6788.54414 Local Mileage
$ 1,500
A6788.54412 Training/Travel
$ 400
A6788.54400 Program Expense
$ 712
A6788.54491 Subcontract
$28,744
SEQR ACTION: TYPE II-20
RESOLUTION NO. 129 - AWARD OF BID – PARALLEL TAXIWAY (PHASE II) - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Penniman, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Finance Department
advertised and received two bids for construction of the Parallel Taxiway
(Phase II) at the Ithaca Tompkins Regional Airport, and
WHEREAS, the lowest responsible
bid of $4,249,867.50 was submitted by Chemung Contracting of Pine City,
New York, and
WHEREAS, available funding
from the Federal Aviation Administration (FAA) can only fund a project
costing $3,475,280.26, and
WHEREAS, at the FAA's
request, negotiations took place with Chemung Contracting to remove certain
items from the Scope of Work to bring the contract total down to $3,475,280.26
and make construction possible this year, and
WHEREAS, the budget for
this construction project is as follows:
FAA Share
Account No. 5601.44592
$3,255,144.35
NYSDOT Share
Account No. 5601.43592
$ 110,067.95
Local Share
Account No. HT5601.45031 $ 110,067.96
Total
$3,475,280.26
RESOLVED, on recommendation
of the Facilities and Infrastructure Committee, That in anticipation of
grants being received from the Federal Aviation Administration (FAA) and
the New York State Department of Transportation (NYSDOT), the contract
for $3,475,280.26 be awarded to Chemung Contracting of Pine City, New York,
RESOLVED, further, That the
Finance Director be authorized to borrow monies if necessary, until reimbursement
is received from the FAA and NYSDOT.
RESOLVED, further, That
the County Administrator be and hereby is authorized to execute a contract
with Chemung Contracting.
SEQR ACTION: TYPE II-2
RESOLUTION NO. 130 - AWARD OF BID - LEACHATE TRANSPORTATION
FROM THE HILLVIEW LANDFILL AND THE CASWELL LANDFILL TO THE
ITHACA AREA WASTEWATER
TREATMENT PLANT IN ITHACA, NEW YORK
MOVED by Mr. Penniman, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Department of Finance - Division of
Purchasing has duly advertised for bids for the transportation of leachate
for the Tompkins County Public Works Department, and
WHEREAS, one (1) bid for Leachate Transportation
from the Hillview landfill and the Caswell landfill to the Ithaca Area
Wastewater Treatment Plant in Ithaca, New York, was received and publicly
opened on April 11, 2005, now therefore be it
RESOLVED, on recommendation of the Facilities and
Infrastructure Committee, That the bid for Leachate Transportation from
the Hillview landfill and the Caswell landfill to the Ithaca Area Wastewater
Treatment Plant in Ithaca, New York, be awarded to WeCare Transportation,
LLC, of Jordan, New York, for a price of $28.55 per 1,000 gallons, for
a three-year term, August 1, 2005, through July 31, 2008,
RESOLVED, further, That the funds are available
in the Solid Waste Division budget, account number 81696.54442,
RESOLVED, further, That the Contracts Administrator
be authorized to execute this bid on behalf of the County.
SEQR ACTION: TYPE II-20
Appointment(s)
It was MOVED by Mr. Penniman, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda to approve the following appointment(s):
Office for the Aging Advisory Committee
Ann F. Cedarholm - term expires December 31, 2006
Community Mental Health Services Board - MR/DD Subcommittee
Brad Rudin - Community Mental Health Services Board representative;
term expires December 31, 2006.
Soil and Water Conservation District
Barbara Blanchard - Legislator; term expires December
31, 2005
George Totman - Legislator; term expires December 31,
2005
Report from the Health and Human Services Committee
Ms. Robertson, Chair, reported the Committee met on July 6 and heard from the Office for the Aging on actions they are taking in response to the human needs assessment they completed earlier this year. The Committee began discussion on budget projections for 2006 and heard that the Office for the Aging is seeing more grant funds come in;notably EISEP funds which save nursing home costs.
The Committee also heard a brief update from Nancy
Zahler, Director of Youth Services, on the Youth Services Department Budget
and also the Recreation Partnership. Ms. Robertson said municipalities
are probably going to support a 3.7 percent increase in funding to the
Recreation Partnership and are hoping the County will do the same and consider
restoring some of funding that was cut last year. It was noted that
this is the first time in four years municipalities have added any funding
to the Partnership.
At Ms. Robertson's request the Health Department
provided the Committee with a report on the history of FTE staffing in
the Department. She said it was very interesting to learn how many
of the positions in the Department have State and/or Federal revenue associated
with them.
One issue that has been discussed by the Committee and passed by the Board of Health is the prohibition of open burning. This is an amendment to the Sanitary Code and requires action only by the Board of Health to be enacted. Ms. Robertson said two public information meetings will be held; however, those dates have not yet been set.
The Committee heard a FTE staffing history from the Department of Social Services for the last five years and discussed the mid-year budget situation relative to revenue and mandates. There was also discussion about the new PINS (Persons In Need of Supervision) process and new family court law that will require additional accountability and steps for DSS staff to take with families in crisis. The Committee heard an interesting report from Sue Dale Hall, Director of the Day Care Council, about the day care situation in Tompkins County and how changes at the State level are affecting family day care. A report was also presented to the Committee by Cayuga Addiction and Recovery Services on their residential programs, including the new facility in Ulysses.
The next meeting is August 3rd.
Mr. Totman expressed his opposition to the proposed ban on open burning by the Board of Health and stated he does not support non-elected persons having the power to enact laws.
Mr. Proto said he is the Vice Chair of the Board of Health which is a State-required board. He also stated it is important that when this Legislature appoints individuals to that Board that they are individuals who will represent the community well. That Board includes eight members, four of whom are physicians. He asked that everyone keep in mind that the present Sanitary Code already provides for prohibitions on open burning and that this ban of all open burning except for agricultural and brush and leaf burning is already in place. Mr. Proto said the biggest challenge associated with open burning is going to be related to enforcement. Ms. Robertson said she would be willing to have someone attend a future meeting to provide education on this.
Mr. Totman said he feels people who are in support of this are residents of cities or villages and who have never been allowed to burn trash. He also does not support non-elected officials having the power to enact laws. Ms. Schuler said she attended a meeting that was held in the City of Ithaca and commented that she was only one of the forty attendees who were from the City. She also stressed that the garbage being burned today is not the same garbage that was burned years ago. Mr. Proto said public meetings on this subject will be held in the Town Halls of Lansing and Danby.
Mr. Booth said this is a statewide issue; this comes up in many areas where Albany refuses to act and results in scattered laws across the state, however, agrees with concerns about the health hazards associated with open burning.
Report from the Air Service Committee
Ms. Blanchard, Chair, reported traffic at the Airport has increased by 30 percent from June, 2004 to June, 2005. Northwest Airlines notified the Airport that they exceeded the May revenue target by 15 percent. She also said a travelers survey is being conducted for the purpose of finding out what kinds of things people would be interested in with regard to a frequent flyer program. Ms. Blanchard reported on a grant that was submitted to the Department of Transportation and said a response is not expected until Fall; however, Northwest Airlines has submitted a letter in support of that grant. Ms. Blanchard said at the present time fares are being tracked and they have found that they are very competitive with other area airports. She announced there will be a ribbon cutting ceremony on August 29 on behalf of the Automated Weather Sensing System (AWSS) that recently became operational; Congressman Hinchey, who was responsible for that grant, will be in attendance. She will provide further information as it becomes available.
Ms. Blanchard spoke about customer service at the Airport and urged anyone who has had a bad experience to make the Airport Manager aware of it as they are presently embarked on an initiative to improve customer service. Mr. Nicholas, Airport Manager, reported on the some budget challenges the Airport is facing. He said because there are now flights that come in very early in the morning, there are some real problems with overtime expenses.
Mrs. McBean-Clairborne asked if there has been any discussion by the Committee about training for the Airport "ambassadors" in providing service to a diverse community of Airport customers. Ms. Blanchard said the Committee was not charged with operational issues but she will see that this concern is communicated to the appropriate person.
Mr. Proto suggested that when discussions take place on ways to appease passengers who have not had a satisfactory experience at the Airport that the Strategic Tourism Planning Board be brought in.
Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee
Ms. Herrera, Chair, reported the Committee met on July 6 and looked at a number of issues, many of which are reflected in the resolutions on the agenda. The next meeting will be August 3rd at 2:30 p.m. Ms. Herrera addressed the resolution entitled Budget Adjustment - Tourism Promotion and said the fund balance was approximately $408,000 at year-end. The resolution takes out $152,000, leaving a balance of $246,000. She noted this is an extremely popular program that has kept Tompkins County well-above other areas.
RESOLUTION NO. 131 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 132 OF 2005
MOVED by Ms. Herrera, seconded by Mr. Lane, and unanimously adopted by voice vote by members present.
WHEREAS, in Resolution No.132 of 2005, the Tompkins
County Legislature would authorize the County Administrator to execute
a deed with the Town of Ithaca for the sale of tax parcel no. 24.-4-13
in the Town of Ithaca, and
WHEREAS, the Tompkins County Legislature has reviewed
and accepted as adequate an Environmental Assessment Form with respect
to that action, now therefore be it
RESOLVED, on recommendation of the Planning, Development
and Environmental Quality Committee, That Resolution No. 132 of 2005 is
an unlisted action,
RESOLVED, further, That the County Legislature
hereby makes a negative declaration of environmental significance in regard
to Resolution No. 132 of 2005.
SEQR ACTION: Short EAF and Negative Declaration
on file with Clerk of the Legislature
RESOLUTION NO. 132 - AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A DEED WITH THE TOWN OF ITHACA FOR THE SALE OF TAX PARCEL NO. 24.-4-13, LOCATED IN THE TOWN OF ITHACA
MOVED by Ms. Herrera, seconded by Mr. Totman. Ms. Kiefer said the last Whereas refers to an actively operated public water system and asked who operates that system. Mr. Whicher responded that Bolton Point operates that system. A voice vote resulted as follows: Ayes - 14, Noes - 0; Excused - 1 (Legislator Winch). RESOLUTION ADOPTED.
WHEREAS, the County acquired tax parcel no. 24.-4-13
in the Town of Ithaca in 1956 as part of the properties transferred to
the County by the State of New York when the Biggs Tuberculosis Hospital
facilities were conveyed to the County, and
WHEREAS, since the 1960s, the Town of Ithaca has
owned, operated, and maintained the water tank and related right of way
as part of the Town’s water district, and
WHEREAS, said parcel was identified as surplus property
with no strategic value to the County in the 1998 County Land Inventory
and each subsequent update to the Inventory, and
WHEREAS, the County approached the Town of Ithaca
about transferring ownership and liability of the water tank to the Town
of Ithaca and the Town responded with a letter from Attorney John C. Barney
stating the Town’s willingness to take responsibility for the tank, and
WHEREAS, the Town has proposed a Bargain and Sale
Deed to purchase the parcel for $1.00, as outlined in the Bargain and Sale
Deed dated February, 2005, and
WHEREAS, County Administrative Policy No. 01-07
(Land Transactions) requires that whenever the Legislature decides to negotiate
a sale for less than the fair market value for real property, the resolution
conveying the property shall clearly state the public purpose served by
conveying for this price and it shall include the estimate of the fair
market value of the property at its highest and best use as prepared by
the Assessment Department, and
WHEREAS, the Assessment Department has determined
that the fair market value of the property is $300,000, and
WHEREAS, the reason that this property is being
conveyed for $1.00 is to relieve the County of liability, operation, and
maintenance concerns resulting from owning a water tank that is an integral
part of an actively operated public water system, now therefore be it
RESOLVED, on recommendation of the Planning, Development
and Environmental Quality Committee, That the Bargain and Sale Deed is
confirmed and that the County Administrator is authorized to execute the
deed and closing paperwork.
SEQR ACTION: Unlisted
(Short EAF and Negative Declaration on file with Clerk
of the Legislature)
RESOLUTION NO. 133 - BUDGET ADJUSTMENT – TOURISM PROMOTION
MOVED by Ms. Herrera, seconded by Mr. Proto. Mr. Proto said he is the liaison to the Strategic Tourism Planning Board and that some of the questions that were raised at the Planning, Development and Environmental Quality Committee meeting were raised by him. Although it is not mentioned in the resolution, he said he has been assured that the minutes of the Committee meeting would reflect his request for a review and that the Convention and Visitors Bureau was made aware of this and agreed to do it. For this reason he will now support this resolution. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Winch). RESOLUTION ADOPTED.
RESOLVED, on recommendation of the Planning, Development and Environmental Quality and Budget and Capital Committees, That the Director of Finance be directed to make the following budget adjustment on his books:
Tourism Promotion
Title
Amt Approp Acct Title(s) ___________
Room Tax Fund Balance $10,000
6475.54400 Program Expense
Room Tax Fund Balance $15,000
6475.54444 Development Grants
Room Tax Fund Balance $35,000
6475.54444 Development Grants
Room Tax Fund Balance $40,000
6475.54444 Development Grants
Room Tax Fund Balance $42,000
6475.54497 Tourism Promotion
Room Tax Fund Balance $10,000
6475.54497 Tourism Promotion
Explanation: Signage and Beautification - Garden
tour and plantings; Marketing and Advertising Grants - 50/50 matching funds
for advertising tourism events; New Tourism Initiative Grants - Multiple
venues/talents showcase, events such as "Light in Winter"; Project Grants
- For projects likely to attract large number of visitors (like exhibit
at PRI); Convention and Visitors Bureau (CVB) - Public relations firm for
national attention, web enhancement; Community Celebrations - Open a fall
round of grants for successful program.
SEQR ACTION: TYPE II-20
MOVED by Ms. Herrera, seconded by Mr. Lane. A short roll call vote resulted as follows: Ayes - 13, Noes - 1 (Legislator Booth); Excused - 1 (Legislator Winch). RESOLUTION ADOPTED.
WHEREAS, Tompkins County entered into a Memorandum
of Understanding with the Ithaca-Tompkins County Transportation Council
(ITCTC) on September 30, 1992, agreeing that “…..staff will be hosted by
Tompkins County as an administrative rather than a reporting arrangement……
staff is selected by the Council [with] staffing plan, staff qualifications,
and salary schedule established by the Council”, and
WHEREAS, Board Resolution No. 99 of 1993 “Clarification of Employment Status
– Position of Ithaca-Tompkins County Transportation Council Planning Director”
stated the following:
“…the position of Ithaca-Tompkins County Transportation
Council Planning Director shall be entitled to the terms and conditions
of employment established by this [County] Board for management employees
unless otherwise recommended by the Council and established by this [County]
Board of Representatives”, and
WHEREAS, on March 14, 2000, the Director’s salary
was modified by ITCTC resolution 00-1 above the management salary range
with the stipulation that the Host Agency, Tompkins County, execute the
necessary administrative procedures to implement this modification, and
WHEREAS, on February 5, 2002, the Tompkins County
Board of Representatives passed Resolution No. 6 Affirming Ithaca-Tompkins
County Transportation Council (ITCTC) recommendation to establish the ITCTC
Planning Director's salary above the salary range, and
WHEREAS, on May 17, 2005, the ITCTC passed Resolution
05-1 to increase this salary by 2.0 percent retroactive from January 1,
2005, to June 19, 2005, and a .6 percent increase starting June 19, 2005,
and
WHEREAS, in keeping with the County’s requirement
that salaries established above the salary range be authorized exclusively
by Board Resolution, and to establish or affirm recommendations made by
ITCTC that are contrary to the terms and conditions of employment for management
staff, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental
Quality and Budget and Capital Committees, That the Tompkins County Board
affirm the adjustment of the salary for the Ithaca-Tompkins County Transportation
Council Planning Director to a total of $69,318, as approved by the Ithaca-Tompkins
County Transportation Council.
SEQR ACTION: TYPE II-20
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr reported the Committee met on July 12 and the majority of business conducted at that meeting is reflected in resolutions on the agenda. He said at the last meeting he put forth a draft calendar for the Expanded Budget and Capital Committee meetings for September and October and asked that Legislators alert him of any conflicts. He also reminded program committee chairs that the budget calendar allows for August to be the time for discussions to take place on policy issues.
RESOLUTION NO. 135 - ADOPTION OF LOCAL LAW NO. 3 OF 2005
- A LOCAL LAW
AMENDING THE TOMPKINS
COUNTY CHARTER AND CODE -
ARTICLE 10 - DEPARTMENT
OF PLANNING AND ARTICLE 11 -
DEPARTMENT OF PUBLIC WORKS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth.
Ms. Herrera said she cannot support changing the Charter for this purpose. She stated her negative vote is in no way a reflection of Mr. Marx' performance.
Mr. Totman said in the past the County has advertised for these positions and it does not make sense to him to include the person who is getting the position in the discussions. He asked if this is approved would it result in saving the County one full-time salary, and said he could support it if that were the case.
Mr. Joseph clarified that this will put a provision in the Charter that will allow the Legislature to create a single Public Works Commissioner position or a combined Public Works/Planning Commissioner position.
Mr. Wood, County Attorney, said he feels some of the language is confusing; however, it does not do any harm. Ms. Kiefer said she understands Mr. Wood's opinion that some of the language is confusing; however, she said it allows greater flexibility in the future and hopes this will move forward in the present form.
Ms. Blanchard urged Legislators to support this resolution because she feels it blends together two of the County's major responsibilities. She said she thinks this will also be a good tool for the County Administrator's management activities as well as for this Legislature.
Mr. Todd agreed with Ms. Blanchard's comments.
Ms. Robertson noted that this proposal has been brought forward after a long period of not having a Commissioner of Public Works. This is an example of County staff trying to solve problems in a creative way.
Mr. Booth said several people have used the term "half-time" and said he wants to make it clear that this Legislature is not making any specific delineation in terms of time to be allocated to the two positions.
Mr. Lane said there has been a very long process
undertaken in looking at these changes, which included a joint meeting
with three of the committees of this Legislature. At that meeting,
there was not one committee that could come to conclusion. He noted
this resolution is not on recommendation of the Government Operations Committee,
which normally acts on Charter matters, because there was not consensus
by that Committee on this. He said he does not see a need to
change the Charter and stated that when the Charter Review Committee looked
at these things they had vision and felt that the system that had been
put in place of the various divisions of the Public Works Department coming
together as a cabinet was working fairly well. He said there is no
question that there were problems last year due to the lack of leadership
in the Highway Division; however, a new Highway Manager has been hired
and deserves an opportunity to move forward with that Division. Mr.
Lane said he has not seen how the cabinet system has failed.
He expressed concern that reducing the Commissioner of Planning position
may begin an effort to cut back on that Department.
A voice vote resulted as follows: Ayes -
10 ( Legislators Blanchard, Booth, Joseph, Kiefer, Koplinka-Loehr, Penniman,
Robertson, Schuler, Todd, and Totman); Noes - 4 (Legislators Herrera, Lane,
McBean-Clairborne, and Proto); Excused - 1 (Legislator Winch). RESOLUTION
ADOPTED.
WHEREAS, the County Administrator has reviewed the needs
of the Public Works Department, recognizes the value to the Department
that having a single head would bring, and recommends the restoration of
the position of Public Works Commissioner in the County Charter, and
WHEREAS, the County Administrator further recommends
enabling filling of the positions of Public Works Commissioner and Planning
Commissioner with a single individual by combining the two Commissioner
positions into a single title of Planning and Public Works Commissioner,
while still maintaining separate departments, and
WHEREAS, proposed Charter amendments to accomplish
these changes have been reviewed by the Facilities and Infrastructure,
the Planning, the Development and the Environmental Quality, and Government
Operations Committees,
WHEREAS, a public hearing was held before the Tompkins
County Legislature on July 19, 2005, to hear all persons interested in
proposed Local Law No. 3 of 2005 - A Local Law Amending the Tompkins County
Charter and Code - Article 10 - Department of Planning and Article 11 -
Department of Public Works, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That proposed Local Law No. 3 of 2005 - A Local Law Amending
the Tompkins County Charter and Code - Article 10 - Department of Planning
and Article 11 - Department of Public Works, is hereby adopted,
RESOLVED, further, That the Clerk of the Legislature
shall publish in the official newspaper of the County a notice of adoption
containing a synopsis of said local law and shall within twenty days file
one certified copy in the Office of the County Clerk, and one copy with
the Secretary of State.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 136 - CREATION OF POSITION - COMMISSIONER OF PLANNING AND PUBLIC WORKS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Ms. Kiefer reviewed the contents of a memorandum written by her on July 19, 2005, to all Legislators, County Administrator, Planning Commissioner, and Personnel Commissioner with a subject line: Provision of Commissioner-level Oversight and Leadership for Public Works Department. She also pointed out that given the existing budget targets for Planning and for Public Works, the County Administrator's Option number two would actually require larger over target requests than her option number three. A copy of the memorandum was submitted for the record and its contents are as follows:
Ms. Kiefer believes the Legislature deserves a choice in how best to provide the recognized need for oversight and leadership of the Public Works Department and the decision deserves serious analysis and discussion, with both cost and future structure considered.
Background
Several months ago it became clear to the County
Administrator and the Deputy County Administrator-Commissioner of Planning
that the latter position was not what the County needs nor what the Planning
Commissioner was willing to continue as. The County Administrator
arrived at the idea of joining together the positions of Planning Commissioner
and Public Works Commissioner into a new job, Planning and Public Works
Commissioner, and filling that position with the incumbent Planning Commissioner.
Over a period of a couple of months the County Administrator made separate presentations to each of the three relevant program committees - Planning, Development and Environmental Quality, Facilities and Infrastructure, and Government Operations -- of his proposal to provide Commissioner-level oversight and leadership for Public Works by creating a new joint position of Planning and Public Works Commissioner and filling it with Mr. Marx. At each of these committee meetings, the concept was discussed, and questions were raised, but, for various reasons, no action was taken.
"On June 21 a joint meeting of the three committees
was held, and the County Administrator laid out three options:
1. Continue with a version of the present
structure, namely, hire a new Deputy County Administrator part of whose
turf would include Public Works (and Mr. Marx would return to what he was
hired to be: a full-time Commissioner of Planning;
2. Create and fill a new combined position
of Planning and Public Works Commissioner. This was estimated to
cost about $50,000 additional; or
3. Create and fill a restored position of
Public Works Commissioner. This was estimated to cost about $150,000
additional.
Each of these options had ramifications for a new
Deputy County Administrator position; Mr. Whicher strongly recommended
option number two. However, at the joint meeting none of the three
committees had members willing to move and second support of option number
two.
At that joint meeting it appeared to Ms. Kiefer that no one, included Mr. Whicher, liked option number one, and, but for the cost factor, option number three made sense. After the meeting she asked Mr. Whicher to more carefully flesh out what a half-time Public Works Commissioner would cost, but that did not happen. Instead, the Chair of the Budget and Capital Committee added option number two to the Committee's June 28 agenda, where, I believe, it was included as one of a packet of resolutions that, although not available at the meeting was described by Mr. Whicher. I understand that the Committee voted on the packet affirmatively.
Meanwhile, Ms. Kiefer worked on crafting language for the County Administrator's proposed Charter changes that would restore the Public Works Commissioner to the Charter with an appropriate level of detail as was in the original Charter and would also allow for the possible combining of Planning and Public Works Commissioners into a single position, to allow maximum flexibility for the future; the County Administrator accepted the language changes. Ms. Kiefer also asked that the Facilities and Infrastructure Committee add a discussion of the Public Works Commissioner to its next meeting agenda and had asked the Personnel Commissioner to review and update the job description for Public Works Commissioner, last done in 1991, and to not include licensing in New York State as a Professional Engineer as a requirement, but as an option.
At the July 12 Budget and Capital Committee meeting, the Committee, in its role as Personnel Committee, was asked to adjudicate a disagreement between the County Administrator and Personnel Commissioner about the labor grade rating for a new Planning and Public Works Commissioner position.
The present situation
The legislative agenda for July 19 includes the
following resolutions:
1. Resolution No. h - adopting a local law
changing the Charter, restoring the position of Public Works Commissioner
and including language that allows the Legislature to choose between a
Public Works Commissioner and a joint Planning/Public Works Commissioner
position, providing flexibility now and in the future.
2. Resolution No. i - would create a joint
Planning/Public Works Commissioner; according to the Budget and Capital
Committee, the position should be rated a "U" ($86,039-$93,480).
Resolution No. p
- would create a Public Works Commissioner; the Personnel Commissioner
has updated the job description and given it a "T" rating ($78,219-$84,981).
3. Resolution No. j - would appoint Mr. Marx
to the new Planning/Public Works Commissioner title.
Resolution No. q
- would seek to fill the new Public Works Commissioner position half-time,
as soon as possible.
Where are the budget implications?
Using the new management salary schedule (+2 % for 2005, +additional .6% as of June 1), and adding in the 39 % fringe rate:
Planning Commissioner, full-time, (salary rating
:T) $84,981 (working rate) +$33,143 (fringe) = $118,124
Although only half of his position is currently
paid by the Planning Department budget, the other half has been "held"
in that budget to hire help as needed to make up for the loss of half of
Mr. Marx's time, so no new money would be needed.
Public Works Commissioner, (T). Ms. Kiefer proposes this to be a half-time (20.0 hr.) position. Although a new person may be appointed at the "hire rate", this calculation uses the work rate: $42,491+$16,571=$59,062. This position is not in the Public Works budget, so Public Works would need $59,062 "saving" to cover it.
Ms. Kiefer believes there are many retired engineers (many from the military) who choose to continue to work part-time (often as consultants). This would be an attractive pool to recruit from.
For those who say a half-time Commissioner would
not work, what do they think combining Planning and Public Works into one
job provides if not, on average, two half-time commissioners? (*And
a half-time Commissioner, would likely start at the working rate for this
position, so this calculation uses the work rate):
$93,480 +$26,457 =$129,937
This position is not in the Public Works budget,
so Public Works would have to find its "half", $64,968, in savings ($5,000
more than half-time Public Works Commissioner).
Deputy County Administrator, full-time - The existing
position is rated at (T); the downgraded position Mr. Whicher proposed
and the Legislature approve is at (R). Again, using the work rate:
(T) $84,981 + $33,143 = $118,124; (R) $70,233 +$27,391 = $97,624.
Returning to the three options Mr. Whicher had presented
to the joint committee, but modifying option number three to make a Public
Works Commissioner half-time and plugging in the above calculations:
Option 1: FT Planning Commissioner (T)
$118,124
FT Deputy County Administrator
(T) $118,124
$236,248
Option 2: FT Planning/Public Works Commissioner
(U) $129,937
FT Deputy County Administrator
(R) $ 97,627
$217,564
Option 3: FT Planning Commissioner (T)
$118,124
Half-time Public Works
Commissioner (T) $ 59,062
FT Deputy County Administrator (R) $284,490
In Ms. Kiefer's opinion, since option number one has been deemed by both Mr. Whicher and Mr. Marx to not have provided the level of leadership and oversight that Public Works needs, that option should be off the table. Mr. Whicher recommends option number two.
Since Ms. Kiefer believes the Planning Department needs and deserves a full-time Commissioner (which is what Mr. Marx was hired to be, and to which he has said he would be glad to return) and since we all support giving Public Works some version of a Commissioner at the top, she has provided resolutions enabling that choice as option number three).
The difference in cost is about $67,000. And it would position the County to move in the direction of a full-time Public Works Commissioner once the County's financial situation improves.
Additional relevant questions:
1. Policy question: She believes it
to be extremely bad public policy to change the County's Charter and create
a position designed for a single-known individual. Would this Legislature
be thinking of a Planning/Public Works Commissioner position if Mr. Marx
were not in the picture? She thinks not and Mr. Whicher agrees.
(She has no doubt about Mr. Marx's competence and ability; that is not
the issue, and if anyone can make this work reasonably well, it is Mr.
Marx.) If Mr. Marx were to assume this new hybrid position and then
suddenly depart, would we change course again? She thinks so and
Mr. Whicher agrees.
2. Process Question: The Administrative Manual was recently amended to clarify the procedures for creating new positions and reclassifying existing positions. She believes the procedures in that Manual were invoked at the July 12 Budget and Capital Committee meeting. They say, in pertinent part (section E.2), that a department head or employee may appeal a labor grade.
In the case of Planning and Public Works Commissioner, there is no employee, and there is no department head (since this position is a department head), so who brought an appeal to the Budget and Capital Committee and on what grounds?
Moreover, if such an appeal were correctly brought, whatever action the Budget Committee takes is advisory only (see E.1, paragraph 2); the Personnel Commissioner has the final decision and is given up to thirty days to decide (see E.3). So we need to await the Personnel Commissioner's final decision before acting.
It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to SUBSTITUTE the resolution with the following:
RESOLUTION NO. - CREATION OF POSITION - COMMISSIONER OF PUBLIC WORKS
WHEREAS, Tompkins County’s infrastructure is managed by
the Department of Public Works, and
WHEREAS, Tompkins County government has previously had
the position of Commissioner of Public Works which position, for financial
reasons, was not filled when it was vacated five years ago, and
WHEREAS, current and future challenges facing the Public
Works Department warrant the oversight and leadership provided by a Commissioner
level position in Public Works, now therefore be it
RESOLVED, That the position of Commissioner of Public
Works, labor grade U(21), 40.0 hours per week, is hereby created in Tompkins
County government, effective immediately.
SEQR ACTION: TYPE II-20
A voice vote on the motion to substitute resulted as follows: Ayes - 2 (Legislators Kiefer and Proto), Noes - 12, Excused - 1 (Legislator Winch). MOTION FAILED.
Mr. Koplinka-Loehr responded to Ms. Kiefer's comments about process and said because the existing process does not have specific language about the situation that arose from this (i.e., the County Administrator disagreeing with the Personnel Commissioner), it was characterized as the County Administrator making the appeal and bringing it to the Committee. It was brought to the Budget and Capital Committee and a majority of members present voted in favor of the County Administrator's recommendation with regard to the position rating. He said he has spoken to the Commissioner of Personnel and has been informed that she has no intention of overriding the Committee's decision.
Ms. Herrera said she will not support any of the
proposals and feels there is a better solution that has not yet been found.
She does not support changing the Charter in this circumstance, and although
Mr. Marx does a terrific job she is not comfortable supporting any of the
proposals that are now being considered.
Mr. Joseph spoke about the question that has been
raised with regard to creating a job for a particular person and that there
is something wrong with that. He said he used to believe that it
was important to think through the structure of government, independent
of people, and create the structure that made sense. Since his time
in government he has seen structure change often and more frequently than
changing people. Mr. Joseph said the County's employees are what
makes County government work so well and it makes sense to try to make
use of the talent and abilities of the people who work for the County.
In this particular case this Legislature and the County Administrator is
saying there are problems in the Public Works Department. Because
there is a person on staff that is believed to have the ability to solve
some of the problems that exist a structure is being created to allow Mr.
Marx to do that. Mr. Joseph said this is not a case of Mr. Marx wanting
a job and being accommodated; it is a situation where something needs to
be done and Mr. Marx accommodating the County in making that happen.
Mr. Lane disagreed with some of Mr. Joseph's comments. He stated that this year Mr. Marx has been working as both Deputy County Administrator and Planning Commissioner and has said he does not want to continue in that role and wants to go back as Commissioner of Planning full-time or have a different structure such as this.
Ms. Robertson said what committee this recommendation
comes out of is arbitrary if there is support for this proposal by a majority
of this Legislature. She also noted that at the joint meeting of
three committees, none of the committees had their full complement of members.
Mr. Penniman said he appreciates the creative way
this has been formulated and how it evolved. He said there is a need
for more leadership in the Public Works Department and feels this is the
best way to accomplish that.
A voice vote resulted as follows: Ayes - 9 (Legislators Blanchard, Booth, Joseph, Koplinka-Loehr, Penniman, Robertson, Schuler, Todd, and Totman); Noes - 5 (Legislators Herrera, Kiefer, Lane, McBean-Clairborne, and Proto); Excused - 1 (Legislator Winch). RESOLUTION ADOPTED.
WHEREAS, a principle of good government is that public
investments in infrastructure be made in accordance with a long-range plan,
and
WHEREAS, Tompkins County’s infrastructure is managed
by the Department of Public Works, and
WHEREAS, long-range planning activities of County government
are conducted by the Planning Department, and
WHEREAS, integration of the Planning and Public Works
functions of County government offers many opportunities for more effective
management of County infrastructure and for maximizing the benefits of
that infrastructure to the community, and
WHEREAS, Tompkins County government has previously had
the position of Commissioner of Public Works which position was not filled
when it was vacated five years ago, and
WHEREAS, current and future challenges facing the Public
Works Department warrant the oversight and leadership provided by a Commissioner
level position in Public Works, and
WHEREAS, combining the positions of Commissioner of Planning
and Commissioner of Public Works into a single position of Commissioner
of Planning and Public Works will provide for the direct integration of
the Planning and Public Works functions, and
WHEREAS, the organizational structures for the Planning
and Public Works Departments are amenable to oversight and leadership by
a single Commissioner of Planning and Public Works, and
WHEREAS, the creation of Commissioner of Planning
and Public Works has been reviewed by the Budget and Capital Committee,
and
WHEREAS, combining the positions of Commissioner of Planning
and Commissioner of Public Works into a single position of Commissioner
of Planning and Public Works will provide for the direct integration of
the Planning and Public Works functions, and
WHEREAS, a savings to taxpayers can be realized by combining
the two positions into a single Commissioner, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That the position of Commissioner of Planning and Public Works,
labor grade U (91), 40.0 hours per week, is hereby created in Tompkins
County government, effective immediately.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 137 - CONFIRMATION OF APPOINTMENT OF COMMISSIONER OF PLANNING AND PUBLIC WORKS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth.
Ms. Schuler said this is a new position and asked if there was any type
of evaluation being put into place. Mr. Koplinka-Loehr said the Budget
and Capital Committee is presently undertaking an effort with regard to
performance evaluations and this position will be treated the same as others.
Ms. Herrera said her negative vote is in no-way related to Mr. Marx or
his performance. A voice vote resulted as follows: Ayes - 9
(Legislators Blanchard, Booth, Joseph, Koplinka-Loehr, Penniman, Robertson,
Schuler, Todd, and Totman); Noes - 5 (Legislators Herrera, Kiefer, Lane,
McBean-Clairborne, and Proto); Excused - 1 (Legislator Winch). RESOLUTION
ADOPTED.
WHEREAS, the Tompkins County Charter and Code was
amended to allow the positions of Commissioner of Planning and the Commissioner
of Public Works be combined into a single title of Commissioner of Planning
and Public Works, and
WHEREAS, Resolution No. 136 of 2005 created the
position of Commissioner of Planning and Public Works, now therefore be
it
RESOLVED, on recommendation of the Budget and Capital
Committee, That the Tompkins County Legislature approves the recommendation
of the County Administrator to appoint Edward C. Marx, Commissioner of
Planning, to the position of Commissioner of Planning and Public Works,
effective immediately.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 138 - APPROPRIATION FROM CONTINGENT FUND - PROFESSIONAL SERVICES - PERSONNEL DEPARTMENT
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Mr. Todd stated he believes this cost should be absorbed through the Personnel Department budget. Mr. Totman agreed and said he does not feel any additional funds should be appropriated for personnel.
Mr. Koplinka-Loehr said the Workforce Diversity and Inclusion Committee is recommending a long-range plan; however, in 2005 money was not appropriated for the increased cost of recruitment efforts. Dr. Anita Wright has worked with other County departments on the issue of diversity and is willing to work with us in 2005. He said this is someone who can consult as well as provide training. Ms. Robertson asked that the Legislature be introduced to this individual and that a report be prepared for the public audience. Mr. Koplinka-Loehr said that can be arranged.
A short roll call vote resulted as follows: Ayes - 12; Noes - 2 (Legislators Todd and Totman); Excused - 1 (Legislator Winch). RESOLUTION ADOPTED.
WHEREAS, Tompkins County is committed to creating a diverse
and fully inclusive workplace that strengthens our organization and enhances
our ability to adapt to change, and
WHEREAS, the Legislature is aware that this diversity
commitment requires sufficient resources in order to expand recruitment,
increase awareness, and to provide the staff development and training necessary
for the initiative to be successful, and
WHEREAS, pending a more comprehensive plan being prepared
with the assistance of the Workforce Diversity and Inclusion Committee,
interim resources are required during 2005 for the aforementioned purposes,
now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That up to $10,000 be appropriated from the County's Contingent
Fund to the Personnel Department's Professional Services line for the purposes
of staff development and training during 2005,
RESOLVED, further, That the Director of Finance is hereby
authorized and directed to make the following budget appropriation:
FROM: A1990.54440 Contingent Fund
$10,000
TO: A1430.54442 Professional Services
$10,000
SEQR ACTION: TYPE II-20
RESOLUTION NO. 139 - APPROPRIATIONS AND BUDGET ADJUSTMENTS FOR SALARY INCREASE MANAGEMENT, CONFIDENTIAL, AND CORRECTIONS
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson.
A roll call vote resulted as follows: Ayes - 13, Noes - 1 (Legislator
Booth); Excused - 1 (Legislator Winch). RESOLUTION ADOPTED.
WHEREAS, Resolution No. 117 of 2005 “ESTABLISHMENT OF GUIDELINES AND FISCAL
TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 2006
BUDGET” stated that all salary changes and associated fringe costs or savings
will be paid through or received by the General Fund, and
WHEREAS,
the bargaining agreement between Tompkins County and the Corrections Officers
Local 2062, for the year January 1, 2005, through December 31, 2005, was
ratified to include a 3.25 percent salary increase, and
WHEREAS, Management and Confidential staff salaries were increased by 2%
retroactively for January 1, 2005 to December 31, 2005 and an additional
.6% from June 19, 2005 to December 31, 2005, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That effective July 20, 2005, the accounts listed below are
adjusted as follows:
REVENUE: General Fund Balance, Highway Fund Balance,
Airport Fund Balance, Solid Waste
Fund Balance, Workforce Development Fund Balance
APPROPRIATION:
Department Account Title
Salary Increase Fringe
Jail – Corrections 3150 51000401 CORRECTIONS CORP
1,355 529
3150 51000403 COOK (JAIL)
451 176
3150 51000406 CORRECTIONS OFFICER
44,194 17,236
3150 51000411 CORRECTIONS SGT
7,658 2,987
3150 51000421 HEAD COOK (JAIL)
1,238 483
3150 51200401 CORRECTIONS CORP OVERTIME
95 37
3150 51200406 CORRECTIONS OFFICER OVERTIME
3,726 1,453
3150 51200411 CORRECTIONS SGT OVERTIME
476 186
3150 51300406 CORRECTIONS OFFICER SHIFT
402 157
3150 51300411 CORRECTIONS SGT SHIFT
32 13
TOTAL
59,627 23,257
Mental Health 4310 51000196 DEP COM MH
1,732 675
4310 51000285 COMM MH SVCS
2,095 817
4311 51000237 DIR MENT. HLT CLIN
1,744 680
4311 51000294 PROGRAM DIR. CSS
1,390 542
4312 51000255 PRG. DIR. DAY TRMT
1,378 537
TOTAL
8,339 3,251
Health Department 4010 51000232 PUB. HEALTH ADMN.
1,389 542
4010 51000250 PUBLIC HLTH. DIR.
1,677 654
4010 51000254 MEDICAL DIRECTOR
532 207
4013 51000297 EMP SAFETY & HEALTH COOR
1,006 392
4014 51000315 DEP. MED. EXAM.
304 119
4016 51000230 DIR OF PAT. SRVCS.
1,387 541
4090 51000240 SR. PUB. HLTH. ENG.
1,563 610
4047 51000774 EARLY INTER DIR
1,252 488
TOTAL
9,110 3,553
Weights and Measures 3630 51000207 DIR. WGTS &
MEAS.
1,000 390
Social Services 6010 51000206 DIR. ADM SERVICES
1,741 679
6010 51000233 SOC. SRVCS. ATTORN
4,340 1,693
6010 51000247 COMM. SOC. SRVCS.
1,860 726
6010 51000280 PROG DEVELOP SPEC
1,078 420
6010 51000293 DIR. OF SVCS.
1,744 680
6010 51000503 CLERK
1,688 658
TOTAL
12,451 4,856
Office for the Aging 6772 51000215 DIR, OFF. FOR AGING
1,156 451
Human Rights 8040 51000284 DIR. OF HUMAN RIGHTS
1,301 507
Youth Bureau 7020 51000220 YOUTH BUR. DIR.
1,326 517
Workforce Development 6290 51000187 WKFORCE DEVEL DIR
1,350 526
6292 51000189 EMPLOYMENT & TRAINING DIR
1,218 475
TOTAL
2,568 1,001
Planning 8020 51000243 COMM. OF PLANNING
952 371
8020 51000283 DEP COMM PLANNING
1,440 562
TOTAL
2,392 933
Assigned Counsel 1170 51000275 SUPERVISING ATTRNY
546 213
District Attorney 1165 51000176 ASST DA, LOCAL CRIM COURT
2,366 923
1165 51000228 ASST. DIS. ATTORN.
5,912 2,306
1165 51000277 DEP DISTRICT ATTNY
1,739 678
1165 51000311 SECRETARY, DA
832 324
1165 51000330 SECRETARY
1,507 588
1165 51000342 VICTIM & RECOVERY SP
833 325
1165 51000350 ASST TO DA
751 293
TOTAL
13,940 5,437
Dept of Emer. Response 3410 51000188 COMMUNIC. CENTER
DIRECTOR
1,585 618
Probation 3140 51000238 PROBATION DIR. II
1,742 679
3142 51000186 DEP PROB DIR II
1,585 618
3142 51000211 PROBATION SUPER.
4,655 1,816
TOTAL
7,982 3,113
Sheriff 3110 51000330 SECRETARY
1,075 419
3113 51000193 CAPT DEP SHERIFF
1,574 614
Jail 3150 51000184 CORR LIEUTENANT
1,192 465
3150 51000219 UNDERSHERIFF
1,732 675
3150 51000290 CHIEF CORR OFFICER
1,442 562
TOTAL
7,015 2,735
Airport 5610 51000225 AIRPORT MANAGER
1,632 636
5610 51000274 AST AIRPRT MANAGER
1,218 475
TOTAL
2,850 1,111
Facilities 1620 51000177 ASST DIR FACIL
1,301 507
1620 51000179 DIR OF FACILITIES
1,574 614
TOTAL
2,875 1,121
Highway 5010 51000266 COUNTY HWY MANAGER
1,574 614
5130 51000276 EQUIPMENT SERV MGR
950 371
TOTAL
2,524 985
Solid Waste 8163 51000198 RECYCLING SUPV
1,074 419
8168 51000257 SOLID WASTE MGR.
1,566 611
8169 51000279 ASST SOL WST MGR
1,087 424
TOTAL
3,727 1,454
Public Works Admin 1490 51000222 PW ADMINISTRATOR
1,313 512
Legislature 1040 51000178 CLERK, LEGISLATURE
1,442 562
1040 51000351 DEP CLERK, LEGISLA
2,014 786
TOTAL
3,456 1,348
County Admin 1230 51000253 COUNTY ADMIN.
2,314 903
1230 51000316 EXEC ASST TO C/ADM
1,000 390
1230 51000318 ACCT CLERK/TYPIST
612 239
1988 51000340 PUBLIC INF OFFICER
877 342
1230 51000282 DEP. CNTY ADMIN
952 371
1989 51000338 CONTRACTS COORD
1,018 397
TOTAL
6,773 2,642
Assessment 1355 51000181 ASST DIR ASSESSMENT
1,431 558
1355 51000244 DIR. OF ASSESS.
1,732 676
TOTAL
3,163 1,234
ITS 1680 51000195 DIR INF TECH SVCS
1,905 743
Finance 1310 51000296 BGT & FIN MANAGER
1,322 516
1310 51000326 ADMIN ASSISTANT
1,940 756
1310 51000334 PRIN ACCT CLK TYP
910 355
1315 51000246 COMPTROLLER
2,096 818
1315 51000252 DIR ACCT SVCS
1,301 507
1315 51000320 SR ACCT CLERK/TYP
827 323
1315 51000327 AUDITOR
1,089 425
1315 51000331 PAYROLL COORDINATOR
1,014 395
1315 51000349 PAYROLL SPECIALIST
915 357
TOTAL
11,414 4,452
County Clerk 1410 51000202 DEPUTY CO. CLERK
1,085 423
1411 51000210 MOT. VEH. BUR. SUPR.
1,023 399
TOTAL
2,108 822
Elections 1450 51000175 DEPUTY COMM OF ELECTIONS
1,663 649
1450 51000201 COMMR. OF ELECT.
2,613 1,019
TOTAL
4,276 1,668
County Attorney 1420 51000226 ASST. CTY ATTORNEY
1,363 532
1420 51000248 COUNTY ATTORNEY
2,201 858
1420 51000312 PARALEGAL TO CA
1,131 441
1420 51000337 SEC/PARALEG AIDE CA
905 353
TOTAL
5,600 2,184
Personnel 1430 51000183 EMP BENEFITS MGR
1,183 461
1430 51000242 COMM. OF PERSONNEL
1,918 748
1430 51000333 PERSONNEL ASST
2,725 1,063
1430 51000341 ADMIN SRVCS COORD
1,002 391
1987 51000347 ORG DEVELOP COORD
943 368
1430 51000258 PERS/BEN. ASSOCIATE
1193 465
TOTAL
8,964 3,496
RESOLVED, further, That the Department’s Fiscal Targets
have been increased by the salary and fringe costs associated with the
above accounts.
SEQR ACTION: TYPE II-20
Reconsideration of Resolution No. 137
It was MOVED by Mrs. Schuler, seconded by Ms. Robertson, to Reconsider Resolution No. 137 for the purpose of inserting language pertaining to evaluation. A voice vote on the motion to reconsider resulted as follows: Ayes - 7 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, Proto, Robertson, and Schuler); Noes - 7 (Legislators Blanchard, Booth, Lane, McBean-Clairborne, Penniman, Todd, and Totman); Excused - 1 (Legislator Winch). MOTION FAILED.
RESOLUTION NO. 140 - AUTHORIZING SALARY INCREASES FOR POSITIONS WITH SALARIES SPECIFICALLY AUTHORIZED BY BOARD RESOLUTION TO BE ABOVE THE SALARY RANGE
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson. Mr. Koplinka-Loehr said Resolution No. 118 of 2002 established a practice of evaluating the salaries of several positions above the salary range on an annual basis. He said this resolution reverses that action. Ms. Kiefer said she does not believe Resolution No. 118 needs to be rescinded in order to accomplish what is intended since it does not require annual action but says just that this Legislature must take action. Ms. Herrera spoke in opposition to this resolution and stated that a two percent increase on an annual salary of $22,000 represents a completely different proportion of a person's income than it does when a two percent increase is given on a $100,000 annual salary. She said this is something Legislators should have a chance to review and does not support removing language that requires this to have individual resolutions in the future.
Mr. Proto agreed with Ms. Herrera and said there are some County staff who earn over $100,000 annually and thinks it is wise for this Legislature to periodically review those salaries. Ms. Kiefer also agreed with Ms. Herrera's statement and said there are other ways this could be approached. She suggested that language be included that would provide the positions listed in the resolution with the same pay increase management gets but that, for example, the increase be no less than $500 and no more than $2,000.
It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to refer this Resolution back to the Budget and Capital Committee.
Mr. Koplinka-Loehr opposed the motion to refer back to Committee as there has already been discussion of several different options. The result of this being reviewed on an annual basis has been that the common criteria has not been found that the Committee or the entire Legislature can agree to. One of the reasons these positions are rated above the salary range is because they are particular niches in the market and warrant higher salaries.
Mr. Totman said in most businesses an employee is
usually granted a pay raise based on the merits of their performance.
He supports these positions and their salaries being reviewed on an annual
basis.
Ms. Robertson spoke against referring this back
to Committee and stated that often, those who support referring a resolution
back to committee do not attend the meeting to provide input.
Ms. Blanchard said she is interested in establishing
a window as suggested by Ms. Kiefer.
A voice vote on the motion to Refer to Committee resulted as follows: Ayes - 9 (Legislators Blanchard, Herrera, Kiefer, McBean-Clairborne, Penniman, Proto, Robertson, Schuler, and Totman); Noes - 5 (Legislators Booth, Joseph, Koplinka-Loehr, Lane, and Todd); Excused - 1 (Legislator Winch). MOTION CARRIED; RESOLUTION REFERRED TO COMMITTEE.
Recess
Mr. Joseph declared recess from 8:02 p.m. to 8:12 p.m.
RESOLUTION NO. 141 – REQUESTING AMENDMENT TO NEW YORK STATE TAX LAW ARTICLE 31 TO PERMIT TOMPKINS COUNTY TO IMPOSE A COUNTY TRANSFER TAX
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth.
It was MOVED by Ms. Robertson, seconded by Mr. Lane, to amend the amount from four dollars to "up to two dollars for each one thousand dollars". Mr. Lane said he can support some increase in the Transfer Tax but could not support the original amount. Mrs. McBean-Clairborne said she supports this resolution with the amended amount. Mr. Penniman said he is willing to support this amendment because there is a very high level of tax exempt property in Tompkins County and this can be applied to all of that property. Ms. Herrera said she cannot support this amendment or the original resolution. She could, however, support this if language were added to state the funds were dedicated for a specific purpose, such as TCAT.
Ms. Kiefer said she would have preferred to vote on the original amount of $4 and then this if that had failed.
Ms. Robertson said the Committee did not discuss the amount
in as much detail as the overall concept of imposing this tax. She
feels $2 is a reasonable compromise from the original amount.
Mr. Totman spoke against the amendment and the
resolution because of the cost that would be passed on to the buyer and
he opposes any additional costs being placed on taxpayers.
Mr. Todd said he cannot support this on principal because he feels this is too narrow of a base and only parties that would be taxed are the people involved in property transfers. He also does not like the idea of a dedicated tax because it distorts what the intent of the action is. Mr. Todd said he would prefer to see a proposal to increase sales tax because he feels that is a very broad-based tax and includes the students in Tompkins County.
A voice vote on the amendment resulted as follows: Ayes – 9 (Legislators Blanchard, Booth, Joseph, Lane, McBean-Clairborne, Penniman, Proto, Robertson, and Schuler); Noes – 5 (Legislators Herrera, Kiefer, Koplinka-Loehr, Todd, and Totman); Excused – 1 (Legislator Winch). MOTION CARRIED.
A voice vote on the resolution as amended resulted as follows: Ayes – 10, Noes – 4 (Legislators Herrera, Proto, Todd, and Totman); Excused – 1 (Legislator Winch). RESOLUTION ADOPTED.
WHEREAS, New York State currently collects an ownership
transfer tax on each conveyance of real property in Tompkins County under
Tax Law §1402 amounting to four dollars for each one thousand dollars
or fractional part thereof, and
WHEREAS, Tompkins County has previously deliberated
on the imposition of an additional tax on real property, and chose to postpone
such a decision until fiscally necessary, and
WHEREAS, Tompkins County government is now facing
unprecedented fiscal challenges in meeting its obligations to provide needed
services to Tompkins County residents, and believes it necessary to relieve
dependence on the real property tax levy while also increasing local revenues,
now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That the Tompkins County Legislature requests an Amendment to
New York State Tax Law authorizing Tompkins County to impose and collect
a local transfer tax amounting up to two dollars for each one thousand
dollars or fractional part thereof (resulting in a total transfer tax of
six dollars per one thousand dollars in Tompkins County),
RESOLVED, further, That revenue generated from this tax
will support the County's physical, transit, and educational infrastructure,
RESOLVED, further, That Tompkins County requests that
this amendment to the New York State Tax Law shall be effective immediately.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 142 - A RESOLUTION APPROVING AN AMENDMENT TO THE RESIDUAL CERTIFICATE ISSUED BY THE TOMPKINS TOBACCO ASSET SECURITIZATION CORPORATION
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Blanchard. Mr. Penniman thanked Mr. Koplinka-Loehr and staff for preparing the present-value analysis and commented that it was very helpful. He said in his opinion there is a significant difference in that the County would be foregoing ($3.8 million) to receive $1 million now.
Mr. Squires said the two issues here are when looking at the present value the County is looking at a big cut (one-third to one-half) and that is a central issue if you believe the County will ever receive any of this money. Under present circumstances the residual is pledged to the bondholders until the bonds are paid off and they will not be paid off until 2025 under current conditions. If the bonds are paid off and if the income comes in the County would receive the residual funds. The other issue is taking into account the upfront payment of $1 million results in a savings to the County because otherwise the County would be borrowing $1 million and paying it off at a rate of $125,000 per year for ten years assuming it was used for a ten-year amoritization. If it were a twenty year ammoritization the County would be saving $80,000 per year over twenty years. Mr. Squires said he is skeptical that in 2025 the tobacco companies will still be paying under the terms of the settlement because they have the greatest incentive to figure a way to get out of it.
Ms. Schuler asked what other counties are doing. Mr. Squires said he is not aware of any county that has turned this down.
Mr. Joseph said he will vote differently than he originally intended and explained his reasons for doing so. He said in looking at the present market-value numbers he sees how dramatic they are and how much the County would be sacrificing in future money, and he cannot support doing this. He said he opposed the first set of tobacco bonds but that was different because of the risk involved and at first he felt this was different because the bond holders were taking over the risk involved, but now, with the turbo bonds, he believes they are not.
Ms. Kiefer said when the County first securitized it only did so for half of what could have been securitized.&nbs