arrow left
arrow right
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
  • Tobias Shelley as SHERIFF OF ONONDAGA COUNTY v. The Onondaga County Legislature, The County Of OnondagaSpecial Proceedings - CPLR Article 78 document preview
						
                                

Preview

FILED: ONONDAGA COUNTY CLERK 10/19/2023 03:59 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/19/2023 EXHIBIT A FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 1 RECEIVED NYSCEF: 10/19/2023 06/06/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF ONONDAGA TOBIAS SHELLEY as SHERIFF OF ONONDAGA COUNTY Index No Petitioner, PETITION vs. THE ONONDAGA COUNTY LEGISLATURE AND THE COUNTY OF ONONDAGA, Respondents The Petitioner, TOBIAS SHELLET as SHERIFF OF ONONDAGA COUNTI by and through his undersigned counsel, Adams Leclat LLP, states as follows: 1. This petition seeks relief under Article 78 of the New York Civil Practice Law and Rules ("CPLR"), and alternatively a judgment under CPLR 3001 declaring that Onondaga County Local Law No. I-2023 was illegally enacted, and is invalid and unenforceable as it was not passed by the electorate via mandatory referendum as required by New York Municipal Home Rule Law $ 23 when a locallaw curtails the power of an elected oflicial. A. The Parties 2. Petitioner Tobias Shelley is the Sheriff of Onondaga County ("Sheriff Shelley"), elected by the voters of Onondaga Counry with his principal place of business at 407 South State Street, Syracuse, New York, and brings this Article 78 proceeding and action for declaratory judgment in his capacity as Sheriff. 1 of 8 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 1 RECEIVED NYSCEF: 10/19/2023 06/06/2023 3. Respondent Onondaga County Legislature ("Legislature") is the governing legislative body of Onondaga County, with its principal place of business at 401 Montgomery Street, Syracuse, New York. 4. Respondent Counfy of Onondaga is a municipal corporation duly organtzed and existing under the laws of the State of New York, with its principal place of business at 427 Montgomery Street, Syracuse, New York. B. Jurisdiction and Yenue 5. Venue is proper under CPLR 506(b) as Onondaga County is within the judicial district where the material events took place and where Respondents have their principal offices. 6. New York has personal jurisdiction over the parties as all parties have a principal place of business within New York. C. Background 7. Onondaga County has fwo facilities that house inmates: a penitentiary called Jamesville Correctional Faciliry also known as the Onondaga County Correctional Faciliry located at6660 East Seneca Turnpike, Jamesville, New York ("Jamesville CorrectionaT"), and a jail called Patrick J. Corbett Justice Center, also known as the Onondaga County Justice Center, located at 555 South State Sueet, Syracuse, New York ("Justice Center"). 8. This petition involves a dispute over Sheriff Shelley's power to operate, supervise, tepa:.r, secure, and otherwise control Jamesville Correctional. 9. Prior to 2077 , conffol over the fwo facilities was divided between the Sheriff and the Onondaga County Executive. Under Article XVIII of the Onondaga County Administrative Code, responsibility for the "operation, maintenance, supervision, repat, 2 2 of 8 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 1 RECEIVED NYSCEF: 10/19/2023 06/06/2023 custodial care and security of the Onondaga County penitentiary and penitentiary farm [Jamesville Correctional]" fell to the Department of Correction, under the direction of a Commissioner of Correction, appointed by the County Executive. Under Article X of the Onondaga County Administrative Code, responsibility for "operation, maintenance, supervision, repat, custodial care and security of the Onondaga County jail [Justice Center]" fell to the Sheriff. 10. In 2017, the Legislature enacted Local Law No. 74-2017, amending the Onondaga County Charter and the Onondaga County Administrative Code. 11. The amendment created a "Corrections Division" within the "Office of the Sheriff," giving the Office of the Sheriff responsibility for the "operation, maintenance, supervision, repatr, custodial care and security of the Onondaga County penitentiary faciliry [Jamesville Correctional] . " 12. Under Local Law No. 74-2017, accordingly, operational control of Jamesville Correctional was transferred from the County Executive to the Sheriff. 13. Because Local Law No. 74-2017 involved transferring, curtailing, and abolishing a power of the County Executive, as acknowledged by its express terms, it required passage from the electorate via mandatory referendum in order to take effect, under New York Municipal Home Rule Law $ 23. 14. The local law was submitted to the electors of Onondaga County at a general election in the fall of 2077 andpassed. Local Law No. 74-2017 was effective as of January 7, 2018. 15. Accordingly, as of January 1,2018 through the present, the Onondaga County Sheriff has maintained control of the two facilities within Onondaga County that house 3 3 of 8 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 1 RECEIVED NYSCEF: 10/19/2023 06/06/2023 inmates: the Justice Center (which the Sheriff controlled prior to 2077), and Jamesville Correctional (which the Sheriff gained conffol as of January 1,2018). D. Current Controversy 16. On February 7, 2023, the Legislature passed Onondaga County Local Law No. l-2023, which purported to abolished, ffansfer, and curtail the Onondaga County Sheriff of his power to operate, maintain, supervise, repat, provide custodial care, and secure Jamesville Correctional. 17. Local Law No. 1-2023 expressed the Legislature's intent at the time to close Jamesville Correctional and eliminate the Onondaga County Sheriff's power to manage the same. 18. Specifically, Local Law No. I-2023 claimed a shift in "incarceruted individual population trends and the resultant need for closure of the county penitentiary facility [Jamesville Correctional] . " 19. Local Law No. I-2023 struck Section 1003 of the Onondaga County Charter that was enacted by Local Law No. 14-2017, and replaced it with a new section 1003 that eliminated the Onondaga Sheriff's power to head and operate Jamesville Correctional, leaving in place only the Onondaga's Sheriff's power to head and operate the Justice Center. 20. Local Law No. l-2023 struck section 10.04 of Article X of the Onondaga County Administrative Code which imbued the Office of the Sheriff with responsibility for the "operation, maintenance supervision, repatr, custodial care and security of the Onondaga County penitentiary faciliry" and amended section 10.03 of the Onondaga County Administrative Code in such a manner as to eliminate the Onondaga Sheriff's power to head 4 4 of 8 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 1 RECEIVED NYSCEF: 10/19/2023 06/06/2023 and operate Jamesville Correctional, leaving in place only the Onondaga's Sheriff's power to head and operate the Justice Center. 27. Local Law No. I-2023 was not submitted for the approval of the Onondaga Counfy electors via mandatory referendum, as required and prescribed by New York Municipal Home Rule Law $ 23. FIRST CAUSE OF ACTION (For Declaratory Judgment that Local Law No. l-2023Is Invalid and Unenforceable) 22. Sheriff Shelley repeats andrealleges the allegations set forth inparagraphs 1 through 2l above as if fully set forth herein. 23. Under New York Municipal Home Rule Law $ 23, a local law is subject to mandatory referendum when it "abolishes, transfers or curtails any power of an elective officer. " 24. Onondaga County Sheriff Shelley is an elective officer. 25. By eliminating conffol of the "operation, maintenance supervision, repat, custodial care and security of the Onondaga County penitentiary facility [Jamesville Correctional]," Local Law No. 1-2023 abolishes, transfers, and curtails a power of the Onondaga County Sheriff. 26. Therefore, Local Law No. 1-2023 is invalid without a mandatory referendum in which the electors of Onondaga County vote for its approval. 27. Petitioner has no adequate remedy at law. 28. Based on the foregoing, Sheriff Shelley is entitled to a declatatory judgment that Local Law No. I-2023 is invalid and unenforceable. 5 5 of 8 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 1 RECEIVED NYSCEF: 10/19/2023 06/06/2023 SECOND CAUSE OF ACTION (Finding Local Law No. l-2023Invalid and Unenforceable under Article 78) 29. Sheriff Shelley repeats andrealleges the allegations set forth inparagraphs 1 through 28. 30. The Onondaga County Legislature's attempt at enacting Local Law No. 7-2023 is subject to judicial review under Article 78 of the CPLR, and specifically the questions contemplated by CPLR 7803, subdivisions 1-3. 31. The Onondaga County Legislature failed to perform its duty by attempting to enact Local Law No. 1-2023 without requiring it to be subject to mandatory referendum for approval as required by New York Municipal Home Rule Law $ 23. 32. The Onondaga County Legislature proceeded in excess of its jurisdiction by attemptihg to enact Local Law No. 7-2023 without a mandatory referendum for approval as required by New York Municipal Home Rule Law $ 23. 33. The Onondaga County Legislature attempted to enact Local Law No. l-2023 in violation of lawful procedure by failing to subject the locallaw to amandatory referendum for approval as required by New York Municipal Home Rule Law $ 23. 34. Based on the foregoing, Sheriff Shelley is entitled to a determination that Local Law No. l-2023 is invalid and unenforceable. WHEREFORE, the Petitioner demands judgment granting the Petition and declaring Onondaga County Local Law No. 1-2023 to be invalid and unenforceable, for the costs and disbursements of this action, and for such other and further relief as the Court deems just and proper. 6 6 of 8 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 1 RECEIVED NYSCEF: 10/19/2023 06/06/2023 DATED: Iune 6,2023 ADAMS LE LAIR LLP By Paul Leclair, Ryan Lefkowitz, Esq. Att orn ey s for Pe tit i oner 288. Main Street, Suite 1500 Rochester, NY 14614 (s8s) 327-4104 Fax: (585) 327-4200 ple clatr @adamsle cl air. I aw rle fkowitz @adamslecl air. aw 1 7 7 of 8 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 1 RECEIVED NYSCEF: 10/19/2023 06/06/2023 VERIFICATION STATE OF NEW YORK) couNTY oF MONROE) SS PAUL L. LECLAIR, ESQ., being duly sworn, deposes and says that: He is a paftner in the law firm of ADAMS LECLAIR LLR attorneys for Petitioner Tobias Shelley, as Sheriff of Onondaga County in the within proceeding, that he has read the foregoing Petition and knows the contents thereof, and that the same is ffue to deponent's own knowledge, except as to matters therein stated to be alleged upon information and belief, and as to those matters deponent believes them to be ffue. This verification is not made by Petitioner because Petitioner is not within the County of Monroe, which is the County where your deponent maintains an office for the practice of law. PaulL. Leclatr Sworn to before me this G*L day of June,2023 6H/-7//;/ Notary Public EDITH M. CORNISH NOTARY PUBLIC, State of New York No' 01CO6191717 ( ." $HiXlilX l$l,::"f; f'",:?%,,04 ', 8 8 of 8 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 2 RECEIVED NYSCEF: 10/19/2023 06/06/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF ONONDAGA TOBIAS SHELLEX as SHERIFF OF ONONDAGA COUNTY 407 South State Sffeet Index No Syracuse, New York 13202, NOTICE OF PETITION Petitioner VS THE ONONDAGA COUNTY LEGISLATURE 401 Montgomery Street Syracuse, New York 13202 THE COUNTY OF ONONDAGA 42IMontgomery Street Syracuse, New York 13202, Respondents PLEASE TAKE NOTICE that upon the annexed Petition verified on the 6th day of June, 2023, the Affidavit of Tobias Shelley, swom to on June 5, 2023, together with the exhibits annexed to the Affidavit, an application will be made by Petitioner Tobias Shelley as Sheriffof Onondaga County, by his attorneys ADAMS LECLAIR LLP, ata Special Term to be held at the Onondaga County Courthouse,40I Montgomery Street, Syracuse, New York, 13202, on the 11th day of July 2023, at 10:00 a.m., or as soon thereafter as counsel may be heard, for an order and judgment granting the Petition and declaring Onondaga County Local Law No. L-2023 to be invalid and unenforceable, for the costs and disbursements of this action, and for such other and further relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR $ 7804(c), a verified answer and supporting affrdavits, if any, must be served by July 6,2023. 1 of 2 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 2 RECEIVED NYSCEF: 10/19/2023 06/06/2023 PLEASE TAKE FURTIIER NOTICE that, pursuant to CPLR $ 7804(c), a reply and supporting affidavits, if any, must be served by July t0,2023 DATED: June 6,2023 ADAMS LECLAIR L P By: Paul Leclair, Esq. Ryan Lefkowitz, Esq. Attorney s for Petitioner 28E. Main Sffeet, Suite 1500 Rochester, NY 14614 (s8s) 327-4104 Fax: (585) 327-4200 pIe clarr @adams le cl a ir. aw 1 rle fkowitz @adamslecl a ir. I aw 2 2 of 2 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 4 RECEIVED NYSCEF: 10/19/2023 06/06/2023 EXHIBIT 1 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 4 RECEIVED NYSCEF: 10/19/2023 06/06/2023 LOCAL LAW NO. 14 - 2017 A LOCAL LAW AMENDING THE ONONDAGA COUNTY CHARTER AND ADMINISTRATIVE CODE REGARDING THE ONONDAGA COUNTY DEPARTMENT OF CORRECTION BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF ONONDAGA, AS FOLLOWS: Section 1. Amendment. (a) The Onondaga County Charter, being Local Law No. 1-1961, as previously amended, is hereby further amended as follows: Article XVIII, entitled "Department of Correction", is to be stricken in its entirety. "Sheriff" Article X, entitled is amended so as to add the following language as section 1003 thereof: CORRECTIONS DIVISION; CHIEF DEPUTY. On and after January 1, 2018, there shall be a Corrections Division under the supervision of the Office of the Sheriff, who shall appoint a chief deputy to be the head of such department on the basis of administrative experience and qualifications for the duties of office, consistent with requirements of applicable law. The chief deputy shall have and exercise all the powers and duties now or hereafter conferred or imposed upon county penitentiary superintendents by any applicable law. Such officer shall perform such other and related duties as shall be required or delegated to him by the Sheriff, the County Executive, or County Legislature. (b) The Onondaga County Administrative Code, being Local Law No. 1-1975, as previously amended, is hereby further amended as follows: Article XVIII, entitled "Department of Correction", is to be stricken in its entirety. Article X, entitled "Sheriff", is amended to add the following language as a new Section 10.04, with the previously sections 10.04 through 10.08, to be renumbered, increasing by one, starting with former 10.04 being renumbered as 10.05, and so forth. 10.04 CORRECTIONS DIVISION; CHIEF DEPUTY. (a) Within the Office of the Sheriff, there shall be a Corrections Division under the direction of a chief deputy, appointed in a manner consistent with all applicable laws, including Section 1003 of the Onondaga County Charter. (b) Except as may otherwise be provided in the Charter or this Code, the chief deputy shall: (i) be responsible for the operation, maintenance, supervision, repair, custodial care and security of the Onondaga County penitentiary facility; (ii) be responsible for the receipt, housing, care, custody, control and employment of all inmates sentenced or assigned to such facilities or otherwise housed therein; FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 4 RECEIVED NYSCEF: 10/19/2023 06/06/2023 (iii) initiate, implement and coordinate programs for the rehabilitation, education and training of inmates sentenced or assigned to such facilities or otherwise housed herein; (iv) initiate, implement and coordinate programs for the distribution of food and other products manufactured or produced within such facilities; (v) have all the powers and perform all the duties now or hereafter conferred or imposed by law. Section 2. Effective Date. This local law shall take effect January 1, 2018, consistent with the provisions of the Municipal Home Rule Law, subject to a mandatory referendum. This local law shall not be effective until and unless it is approved as a proposition at referendum. A proposition on the amendment to the Charter and Administrative Code shall be submitted to the electors of Onondaga County at the next general election. LL - Sheriff & Corrections KMB dak ADOPTED AUG 3 1 2017 I HEREBY CERTlFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF LEGISLATION DULY ADOPTED BY THE COUNTY LEGISLATURE OF ONONDAGA COUNTY ON THE ... DAY OF. , 20 . CLERK, COUNTY LEGISLATURE 3 1 93 ONONDAGA COUNTY, NEW YORK FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 6 RECEIVED NYSCEF: 10/19/2023 06/06/2023 EXHIBIT 3 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 6 RECEIVED NYSCEF: 10/19/2023 06/06/2023 LOCAL LAW NO. 1 - 2023 A LOCAL LAW AMENDING THE ONONDAGA COUNTY CHARTER AND ADMINISTRATIVE CODE REGARDING THE ONONDAGA COUNTY SHERIFF BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF ONONDAGA, AS FOLLOWS: Section 1. Findings. The Onondaga County Sheriff is tasked with delivering services as provided for within the Onondaga County Charter, Onondaga County Administrative Code and applicable laws. The nature and scope of services provided by the Sheriff has evolved due to changes in law and policy, resulting in shifting incarcerated individual population trends and the resultant need for closure of the county penitentiary facility. To that end, this Onondaga County Legislature hereby desires to amend the Onondaga County Charter and Administrative Code to enable the Sheriff to address these changes and more effectively coordinate and deliver needed services, allowing for delivery of higher quality services and better allocation of limited resources for the benefit of the residents of Onondaga County. Section 2. The Onondaga County Charter, being Local Law No. 1 of 1961, as previously amended, hereby is further amended to strike Section 1003 in its entirety and substitute the following: Section 1003. CHIEF DEPUTY OF CUSTODY. There shall be a chief deputy of custody, under the supervision of the Office of the Sheriff, who shall be the head of the county jail, appointed by the Sheriff on the basis of administrative experience and qualifications for the duties of the office, consistent with requirements of applicable law. The chief deputy shall have and exercise all the powers and duties now or hereafter conferred or imposed upon a chief administrative officer of a county jail by any applicable law. Such officer shall perform such other and related duties as shall be required or delegated to him by the Sheriff, the County Executive, or County Legislature. Section 3. Section 10.03 of the Onondaga County Administrative Code, being Local Law No. 1 of 1975, as previously amended, referenced herein as the “Administrative Code”, hereby is further amended to insert the following language at the beginning of Section 10.03 (b): The Sheriff shall appoint a chief deputy of custody in a manner consistent with applicable laws, including Section 1003 of the Onondaga County Charter. Except as may otherwise be provided in the Charter or this Code, the chief deputy shall: be responsible for the operation, maintenance, supervision, repair, custodial care and security of the Onondaga County jail; be responsible for the receipt, housing, care, custody, control and employment of all inmates sentenced or assigned to the jail or otherwise housed therein; initiate, implement and coordinate programs for the rehabilitation, education and training of inmates sentenced or assigned to such jail or otherwise housed herein; initiate, implement and coordinate programs for the distribution of food and other products manufactured or produced within such jail; and have all the powers and perform all the duties now or hereafter conferred or imposed by law. Section 4. The Administrative Code is further amended to strike Section 10.04 in its entirety. Section 5. The Administrative Code is further amended to strike the word “Corrections” from Section 3.03B (2). FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 6 RECEIVED NYSCEF: 10/19/2023 06/06/2023 Section 6. Except as specifically amended herein, the Onondaga County Charter and Administrative Code shall remain in full force and effect. This local law shall be construed in such a way so as not to diminish or curtail powers held by any elected official within County government. Section 7. Severability. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by a court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in its operation to the clause, sentence, paragraph or section or part hereof directly involved in the controversy in which the judgment shall have been rendered. Section 8. Effective Date. This Local Law shall take effect immediately and shall be filed consistent with the provisions of New York State Municipal Home Rule Law. PASSED 2/7/23 I hereby certify that the foregoing is a true and exact copy of the legislation duly adopted by the County Legislature of Onondaga County on the 7th day of February 2023. Clerk, County Legislature Corrections LL BMY/KBF dak 1.9.2023 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 5 RECEIVED NYSCEF: 10/19/2023 06/06/2023 EXHIBIT 2 FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 NYSCEF DOC. NO. 22 5 RECEIVED NYSCEF: 10/19/2023 06/06/2023 Onondaga County Legislature JAMIE McNAMARA JAMES J. ROWLEY TAMMY BARBER Clerk Chairman Deputy Clerk 401 Montgomery Street • Court House • Room 407 • Syracuse, New York 13202 Phone: 315.435.2070 • Fax: 315.435.8434 • www.ongov.net/legislature WAYS & MEANS COMMITTEE MINUTES – JANUARY 31, 2023 BRIAN F. MAY, CHAIRMAN MEMBERS PRESENT: Mr. Ryan, Mr. Burtis, Ms. Abbott, Mr. Knapp, Mrs. Ervin, Mr. Kinne ALSO ATTENDING: Chairman Rowley, Ms. Cody, Ms. Kuhn, Dr. Chase, Mr. Bush, Mr. Garland; also see attached Chair May called the meeting to order at 11:41 a.m. The minutes of the previous meeting had been distributed, and there were no objections to waiving the reading. There were no corrections to the minutes, and the minutes were approved. 1. APPOINTMENTS: a. Confirming Appointment to the Syracuse/Onondaga County Planning Board (Donald Radke) (Sponsored by Mr. Burtis) A motion was made by Mr. Burtis, seconded by Mrs. Ervin, to approve this item. Passed unanimously; MOTION CARRIED. b. Confirming Reappointments to the Onondaga County Soil and Water Conservation District Board (Craig S. Dennis, David Coburn) (Sponsored by Ms. Abbott) A motion was made by Ms. Abbott, seconded by Mr. Knapp, to approve this item. Passed unanimously; MOTION CARRIED. Questions from the committee to Mr. Morgan:  Is everything listed (bond resolutions) in the CIP? o Correct  Can the county use cash for any of these items should the county find they can down the road? o Yes, assuming they are approved today o As Finance closes out 2022, they will evaluate funding smaller projects with cash o That decision will be made before closing out 2022; it can be done at any time during the year o Expectation is that they will use cash for any projects under $1M; cannot commit, but most likely it will be the case  Where will the county be with fund balance? o Do not know yet; working with Mr. Masterpole and Comptroller’s Office to close books o All expenditure accruals are posted, then will work on ensuring everything looks good o Revenues still need to be posted o Also waiting on 2 sales tax payments; initial idea of where the county is ending the year will be another 2-3 weeks  Is the county on track budget vs actuals? o Forecast brought over during budget projected $50M surplus; expect to be in that range  If surplus were at $50M, what would the ballpark for fund balance be? o Legislature appropriated $70M of fund balance in 2022, which brought it down to $130M o Theoretically adding another $50M would make it upwards of $180M FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 WAYS NYSCEF & MEANS DOC. NO. COMMITTEE 5 22 MINUTES – January 31, 2023 2 RECEIVED NYSCEF: 06/06/2023 10/19/2023  What if the county pays cash for some projects instead of bonding? o It would come off the top if those decisions are made before closing the books o Most likely will look to use cash for smaller capital projects; amount of money would not move the needle much o Legislature requested the language be inserted to all bond resolutions allowing the CFO and County Executive to make the decision (on whether to use cash) based on assessment of the finances o County will be well over 15% mark (for fund balance) o Comfortable recommending to County Executive to use cash for projects that are within the $1M or less range  If there are issues with this process, the committee can reevaluate at a later date  All items in CIP, have been discussed a few times and have gone through respective program committees  Committees job to approve these with terms and conditions, allowing finance to use cash when possible 2. EMERGENCY COMMUNICATIONS (E911): Kevin Spraker, Deputy Commissioner a. BOND: A Resolution Authorizing E911 Tower Site Shelter Rehabilitation in and for the County of Onondaga, New York, at a Maximum Estimated Cost of $1,091,000, and Authorizing the Issuance of $1,091,000 Bonds of Said County to Pay Costs Thereof ($1,091,000) (Sponsored by Mr. Olson)  Funding to replace AC units, doors and other items at tower shelters  16 tower shelters that provide radio system service and antennas for public safety radio for police and EMS  In place since 2006; have seen issues with AC units; working with Facilities to keep up and running  Doors – weather not helping with rotting or keeping rodents and mice out of shelters; would like to replace  Have used grant money to fund some items; other items will be funded through capital project A motion was made by Mr. Knapp, seconded by Mr. Burtis, to approve this item. Passed unanimously; MOTION CARRIED. 3. SHERIFF: Chief Melissa Berlinski a. BOND: A Resolution Authorizing the Purchase and Installation of Security Operation and Inmate Information Systems at the Justice Center in and for the County of Onondaga, New York, at a Maximum Estimated Cost of $7,513,000, and Authorizing the Issuance of $7,513,000 Bonds of Said County to Pay Costs Thereof ($7,513,000) (Sponsored by Mr. Olson)  Upgrade BlackCreek system, running on Windows 7 (not supported); if fails, would be back to key and lock system  Install and upgrade detainee monitoring system – bracelets for incarcerated to be integrated into system  Replace SallyPort Jail System with new system  Lot of cameras are analog and antiquated; trying to move to digital  About 1 year to complete process A motion was made by Mr. Kinne, seconded by Mrs. Ervin, to approve this item. Passed unanimously; MOTION CARRIED. Mr. Wixson took the Facilities Management agenda items out of order. 4. FACILITIES MANAGEMENT: Archie Wixson, Commissioner c. BOND: A Resolution Authorizing the Center for Forensic Science Building Rehabilitation in and for the County of Onondaga, New York, at a Maximum Estimated Cost of $2,615,000, and Authorizing the Issuance of $2,615,000 Bonds of Said County to Pay Costs Thereof ($2,615,000) (Sponsored by Ms. Cody)  Improvements to technology - fingerprinting, identification, ballistics, and other processes where technologies have improved and program needs to change; full renovation of 3rd floor including all technologies  2 years ago had design done; Director of Laboratories, Ms. Ho and her team confirmed design is satisfactory A motion was made by Mrs. Ervin, seconded by Ms. Abbott, to approve this item. Passed unanimously; FILED: ONONDAGA COUNTY CLERK 10/19/2023 06/06/2023 03:59 04:31 PM INDEX NO. 005761/2023 WAYS NYSCEF & MEANS DOC. NO. COMMITTEE 5 22 MINUTES – January 31, 2023 3 RECEIVED NYSCEF: 06/06/2023 10/19/2023 MOTION CARRIED. b. BOND: A Resolution Authorizing Rehabilitation/Construction of Improvements at the OnCenter Facility in and for the County of Onondaga, New York, at a Maximum Estimated Cost of $500,000, and Authorizing the Issuance of $500,000 Bonds of Said County to Pay Costs Thereof ($500,000) (Sponsored by Ms. Cody)  Annual request for maintaining and improvements to OnCenter complex  Good portion dedicated to improvements at theaters including seating arrangements, ADA and concessions A motion was made by Mr. Knapp, seconded by Ms. Abbott, to approve this item. Comment from Committee:  In favor of improvements, but do not see a need to bond A vote was taken on the motion. Ayes: 4 (May, Burtis, Abbott, Knapp) Noes: 3 (Ryan, Kinne, Ervin); MOTION CARRIED. a. BOND: A Resolution Authorizing Improvements at Various Facilities in and for the County of Onondaga, New York, at a Maximum Estimated Cost of $2,115,000, and Authorizing the Issuance of $2,115,000 Bonds of Said County to Pay Costs Thereof ($2,115,000) (Sponsored by Ms. Cody)  Civic Center – 8th floor, Children and Family Services and DSS-ES renovations to expand for JobsPlus program  Army Reserve Center has grant funding and requires capital bonding; project started; bids from prime contractors due Thursday; begun some demolition, removals and accomplished abatement  Remainder is going to various projects listed in the CIP A motion was made by Mrs. Ervin, seconded by Mr. Knapp, to approve this item. Passed unanimously; MOTION CARRIED. 5. PARKS AND RECREATION: Brian Kelly, Commissioner a. BOND: A Resolution Authorizing the Oneida Shores Park Shoreline Rehabilitation in and for the County of Onondaga, New York, at a Maximum Estimated Cost of $240,000, and Authorizing the Issuance of $240,000 Bonds of Said County to Pay Costs Thereof ($240,000) (Sponsored by Ms. Cody)  Final phase of project; last year redid boat launch and fixed retaining wall  This year would like to install pay gate and fish weigh station  Pay gate o Allows to catch revenue in offseason o Only staff booth Memorial Day to 3rd w