Tompkins County Legislature
Regular Meeting
January 6, 2004

Public Hearing

 Catherine Covert, Clerk of the Board, called the public hearing to order at 5:30 p.m. concerning the 2004 Small Cities Program which will focus on County needs and priorities and possible community development projects.

Mrs. Covert asked if anyone wished to speak.  No one wished to speak and the public hearing was declared closed at 5:31 p.m.

Called to Order

 Mrs. Covert called the organizational meeting of the Tompkins County Legislature 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 Herrera).
 

   District No.  1 ? Barbara Blanchard, 316 Brookfield Road, Ithaca
   District No.  2 ? Leslyn McBean, 528 West Clinton Street, Ithaca
   District No.  3 ? Richard S. Booth, 510 Mitchell Street, Ithaca
   District No.  4 ? Nancy B. Schuler, 110 Ferris Place, Ithaca
   District No.  5 ? Katherine Luz Herrera, 116 Utica Street, Ithaca
   District No.  6 ? Thomas L. Todd, 847 Davis Road, Lansing
   District No.  7 ? Frank P. Proto, 2585 Slaterville Road, Slaterville Springs
   District No.  8 ? Daniel M. Winch, 310 Burdge Hill Road, Newfield
   District No.  9 ? George L. Totman, 31 Church Street, McLean
   District No. 10 ? Dooley Kiefer, 629 Highland Road, Ithaca
   District No. 11 ? Michael A. Koplinka-Loehr, 124 Crest Lane, Ithaca
   District No. 12 ? Tim Joseph, 772 Elm Street Extension, Ithaca
   District No. 13 ? Martha Robertson, 1655 Ellis Hollow Road, Ithaca
   District No. 14 ? Michael E. Lane, 42 East Main Street, P.O. Box 835, Dryden
   District No. 15 ? Peter Penniman, 3391 Halseyville Road, Trumansburg

Election of Temporary Chair

 Mrs. Covert announced the first order of business was the election of a temporary chair.  Mr. Koplinka-Loehr nominated Mr. Totman as Temporary Chair, seconded by Ms. Schuler.   After hearing no more nominations, it was Moved by Mrs. Schuler, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to close nominations.  A voice vote resulted as follows for Temporary Chair:  Ayes ? 14, Noes ? 0, Excused - 1 (Legislator Herrera).   MOTION CARRIED.    Mr. Totman took the chair as Temporary Chairman.

Election of a Permanent Chair

 Nominations were opened for a Permanent Chair.  Ms. Robertson nominated Mr. Joseph as Permanent Chair, seconded by Mr. Proto.

Ms. Robertson read the following statement:

"I’m proud to have the opportunity to nominate Tim Joseph as Chair of the Legislature.

"The last 12 months have been difficult for all of us in county government. Finding consensus – or even a majority - has been an incredible challenge. It is eloquent testimony to Tim’s leadership that this body has come through the last two budget seasons with civility, respect for each other, and engaged, well-informed citizens.

"There are many things we around this table do not agree on. But I think we all agree that Tim is passionate about his beliefs. And yet he will always listen thoughtfully and respectfully to other points of view. He may even change his mind. We need that respect and openness.

"We have all benefited from Tim’s honesty and integrity. We can be confident we will get the straight story, and the story won’t be different for the next person. There are no personal grudges or favorites. We need that integrity more than ever.

"Tim is an analytical and strategic thinker, and we certainly need that in the chair’s position this year. He has initiated a number of new ideas for dealing with our fiscal situation and is following through on them. Tim has worked hard, usually behind the scenes, to build helpful relationships within the county and beyond our borders. We need his creativity and his diligence.

"We wouldn’t be here if we didn’t share Tim’s belief in the power of government to do good things and his commitment to the citizens of Tompkins County. Please join me in supporting Tim as our Chair."

Mr. Proto seconded the motion to nominate Mr. Joseph as Chair.  He stated he and Mr. Joseph have not always agreed; and he agreed with Ms. Robertson 's statements to that effect.  He said that philosophically he and Mr. Joseph are often on opposite sides of an issue.  Mr. Proto reflected on the times running for the Legislature when he ran not only as a Republican but also as an Independent. He feels each Legislator has to be reminded of the constituency we represent, that he does not represent all ultra-conservatives or ultra-liberals, and neither does anyone else.  He said he knows Mr. Joseph has spent a lot of time soul-searching and would like to view him as a work in progress.  He said he has enjoyed the challenge of working with Mr. Joseph and as Ms. Robertson said, the door is open.

Hearing no more nominations, it was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Todd, to close nominations.  A request was made for a roll call vote on the motion.  A roll call vote resulted as follows:  Ayes - 13, Noes - 1 (Legislator Winch), Excused - 1 (Legislator Herrera).  MOTION CARRIED.

  Ms. Blanchard said that while recently conducting a door-to-door petition signature drive regarding Presidential elections she was able to speak to constituents and was surprised at how many individuals did not understand what authority was or was not given to the Chair of the Legislature.  Ms. Blanchard said she wished to clarify that the Chair does not have power over members of a caucus and the ability to control their votes, nor is it possible to determine the outcome of a year's work by who is elected Chair.  She said that members of the Legislature have their differences, which assist in challenging each other to do better work and thus she is supportive of the nomination of Mr. Joseph.

 Mr. Booth stated he will respectfully vote no on the nomination of Mr. Joseph.  He has great respect for many of Mr. Joseph's qualities as a leader including but not limited to his inclusiveness and openness.  Mr. Booth said that he and Mr. Joseph continue to disagree substantially on the direction of the County Budget and he believes that the Legislature as a whole and in particular the leader of the Legislature needs to take a more aggressive posture in terms of trying to bring County spending into balance with available resources.  He feels some will see his vote as unnecessarily divisive and it is not intended as such.
A voice vote resulted as follows to elect Tim Joseph Chairman of the Board:  Ayes - 11, Noes - 3 (Legislators Booth, Lane, and Winch); Excused - 1 (Legislator Herrera).  MOTION CARRIED.

Election of a Vice Chairman

 The next order of business was the election of Vice Chairman and nominations were opened.  Mr. Joseph nominated Michael Lane as Vice Chair, seconded by Mr. Todd.

 Mr. Joseph stated that divisions and disagreements are the normal state of affairs in government and within legislative bodies, with the Tompkins County Legislature being one of them.  He then said that in other governments around the State the disagreements sometimes become pernicious, which result in vicious in-fighting and abuse of the members, but he is pleased to say it is not so for Tompkins County.  He feels the Legislature has been able to achieve civil discourse, with mutual respect by accepting disagreements and differences and working with them and each other.  Mr. Joseph feels it is important the differences be reflected in the leadership rather than to attempt to dominate or control, and therefore made the nomination of Mr. Lane as Vice Chair.

 Hearing no more nominations, it was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to close nominations.

 Mr. Todd stated that Mr. Lane had previously been a constituent when he had represented Dryden on the Tompkins County Board of Supervisors and he was pleased to see someone from his former residence reaching the level of Vice Chair of the Tompkins County Legislature.
 
A roll call vote resulted as follows to elect Michael Lane Vice Chair of the Tompkins County Legislature:  Ayes - 14, Noes - 0, Excused - 1 (Legislator Herrera).  MOTION CARRIED.

 At this time Mr. Totman turned the meeting over to Mr. Joseph, newly elected Chair.

 Mr. Joseph read the following statement:

Address to the Legislature

"In 2004 the dominant issue for county government is likely to be, once more, the budget.  We have some reasons for optimism about our finances.  Our local economy is looking up.  We have new businesses opening and new buildings going up in the city and around the county.  Our sales tax revenues continue to come in at higher than anticipated levels.  Our contribution to the State retirement fund, one of the big drivers of this year’s budget, will stabilize.  On the other hand we have a number of problems that have been postponed in recent years that we cannot continue to delay.  Two public safety capital projects must be undertaken.  Our emergency communication system has to be rebuilt before it fails entirely.  We can no longer postpone either the construction or the payment for this project.  The State Commission of Corrections will not allow us to delay the expansion and renovation of our Public Safety building.  Road maintenance has been postponed in recent years, and eventually we must catch up.  And of course, the big unknown is the State budget.  What new unfunded mandates will be contained in next year’s budget?

  "The prospect of yet another large property tax increase is so objectionable and offensive, to both this legislature and the people we represent, that we must do everything in our power to prevent it.

"I have charged the County Administrator to find new ways to break down departmental barriers, consolidate, cooperate and otherwise make our governmental operations more efficient.  Cross training and staff sharing between programs and departments can help us get the most from our employees.  Consolidation of functions, both physically and organizationally can help cut costs.  Vacancies that occur in staff positions will be looked at for opportunities to restructure for more efficient operation.  Many departments have already achieved significant cost reductions through reorganization.

"We have begun meeting with representatives of Town governments to find ways that we can cooperate to reduce total expenses.  We will seek to transcend personalities and turf battles to focus on the best service to the citizens of this county, at the lowest cost to the taxpayer.  We will look for the best way to get the job done, rather than worry about who is in control.  Among the topics on the table are road maintenance, youth services, and our court system.

"We will seek creative ways to reduce the cost of meeting the mandates that are imposed on us by the state.  Already we have efforts underway to implement lower cost approaches for legal representation of the poor and providing housing to those on public assistance.

"We will work together with the leaders of other counties as well as with business and community leaders to challenge the continuing escalation of unfunded state mandates. Just this morning I went to Elmira with Mike Koplinka-Loehr and Deputy Administrator Ed Marx to take part in a press conference that was part of a statewide coordinated effort by counties to raise awareness and demand a solution to the escalating cost of Medicaid.

"And, of course, the legislature will again take a hard look at each county function and ask, what purpose does this serve, how vital is it, can we get along without it, what would be the consequences if it were eliminated?

"All of this we can, and will do over the coming year, but I have to say to you that all this hard work, all this effort, all this sacrifice and doing with less by both our employees and our citizens can be completely overwhelmed in a moment by more unfunded mandates.

"I believe that we have succeeded in getting people to understand mandates are responsible for much of the budget shortfalls we’ve faced in recent years.  What I think is not fully appreciated, by the public and sometimes by us in this room, is the scale of the problem.

"The kind of cost cutting efforts I’ve described tonight have been ongoing in this county for the last three years.  During that time we have cut $4 million dollars from locally controlled spending.

"During that same period we have seen mandated costs rise by $11 million. That is not something we can keep up with, and mandates are not simply rising, they are accelerating. Of that $11 million in mandate increases, $6 million was in this year alone.

"If we tried to compensate for that through spending cuts we would eliminate 22% of the non-mandated budget.   At that rate, every non-mandated county function would be gone in less than five years.  In one year we could close the library, the community college, the human rights office, the Office for the Aging, end our economic development efforts, and eliminate funding for every human service agency.  The next year we could eliminate both the Sheriff’s department and the highway department.  After that we can start doing away with things like District Attorney, probation, building maintenance, and payroll, because we won’t need them any more.  By the fifth year we would be back to double-digit tax increases since there won’t be anything left to cut.

"Of course we won’t do those things, but this is what I mean by understanding the scale of the problem.  If the state continues to shift its costs to counties through unfunded mandates, we will again impose an outrageous tax increase.  There are no cuts that anyone on this legislature will support, or that the citizens of the County will tolerate, that compare in scale with the recent escalation in mandates.  We can all find some items that we are willing, even eager, to eliminate from the budget, but these are likely to be worth tens of thousands, or at best hundreds of thousands, of dollars.  None of us can come up with $6 million or more.  Certainly we can’t do it year after year.

"The County should be thrifty and efficient and hard nosed about what we can really afford.   The $4 million decrease in locally controlled spending over 3 years demonstrates that we are serious about this.  We will continue working toward a slimmer and more efficient government, but that alone will not halt the tax increases because it does not address their cause.  The solution is obvious, but it is not local.  The mandates must stop.

"The State projects a $6 billion budget gap for next year.  All three top leaders in Albany have pledged that they will not raise taxes to close that gap, because that is dangerous to their political careers.  They are unlikely to support any real cuts in services during an election year, because that is also dangerous to their political careers.  The only option left is the old standby of shifting expenses to someone else, and the counties are again the prime target. The only thing that can prevent this is the fear that it will be even more dangerous to their political careers.

"This is the challenge that faces the county this year.  To manage our own affairs responsibly, frugally and with due respect for the needs and resources of our citizens, while at the same time leading those citizens in demanding the same level of responsibility from our state level political leaders.  We cannot solve our local problems unless we are willing to take on our state’s problems and insist that they be solved, not ducked or shifted."

 Mr. Joseph also called attention to handouts on desks that provided graphs of locally controlled spending and mandate expenses, the changes in sharing in the cost of mandates, and the difference between mandate expenses compared to locally controlled spending over the course of the past three years.

Reading by Tompkins County Poet Laureate

 Ms. Katharyn Machan, Tompkins County Poet Laureate, read the following poem:

NEW YEAR

   As winter turns to longer days of light
   we reach for answers, hoping truth will be
   an owl that flies within the shorter night
   to settle in a single sturdy tree.
   We've known confusion, cluttered caves of dust
   where rock and shadow trick a searching eye
   to watch with fear instead of wisdom's trust
   and make us stumble, losing who and why.
   Within these hours now of sun's rebirth
   can we see clearly, choose the deeds to make
   our lives and others' better on this earth
   that shapes the twisted pathways we must take?
   Each morning opens sooner than the last:
   A glimpse of wings, a chance to know what's past.

       -- Katharyn Howd Machan
          Poet Laureate of Tompkins County
          © 3 January 2004

Privilege of the Floor by the Public

 Fay Gougakis, City of Ithaca resident spoke of her concern regarding the proposed Cornell University Veterinary School incinerator alternatives and stated her lack of support, noting the end product would filter to the lake.  She read the following communication she had received from Malcolm Pirnie, Inc.:

 "On behalf of the State University Construction Fund, Malcolm Pirnie, Inc. is pleased to notify you of the completion of the Supplemental Environmental Impact Statement (SEIS) for the proposed Cornell College of Veterinary Medicine (CCVM) Waste Management Facility.  A copy of the SEIS is available at the Tompkins County Public Library, the Town of Ithaca Hall and the CCVM Library.  The State University Construction Fund will welcome comments on the SEIS during the public comment period, which will conclude February 9, 2004.  Written comments should be directed to Margaret McSorley, Environmental Coordinator, Office of Design & Construction Management, State University Construction Fund, State University Plaza, P.O. Box 1946, Albany, New York 12201-1946."

 Ms. Gougakis then spoke of Mr. Joseph's statement and referred to group effort, indicating that it is wise to go to the State for financial relief.  She spoke of her feeling that Ithaca College should financially support the community more than it does.  Ms. Gougakis said she feels the press received regarding the Mars rover does not clearly reflect the needs of the community in comparison.  Finally, she spoke of her disappointment in a January 1, 2004, advertisement thanking former Mayor Alan Cohen andnoted it did not even portray him in a local setting.

Privilege of the Floor by Legislature Members

 Ms. Blanchard, District No. 1 Legislator, announced there is an opportunity to review the design concepts for the Tompkins Consolidated Area Transit downtown area bus stop improvements on Thursday, January 8, 2004, 12:00 noon - 1:00 p.m. and 4:00 p.m. - 7:30 p.m. at the Tompkins County Public Library.

 Mr. Lane, District No. 14 Legislator, thanked his colleagues for the nomination and support of him as Vice Chair.  He has no qualms that this year's budget will be harder than the past, however there are many initiatives to assist in overcoming the economic decline and he believes the economy is improving.   Mr. Lane feels an opportunity exists for Tompkins County to lead Upstate New York in finding ways of improvement.

 Mr. Booth, District No. 3 Legislator, congratulated Mr. Joseph and Mr. Lane on their election as Chair and Vice Chair of the Legislature.  He said the several colleges in Tompkins County make many contributions and Cornell's participation in the Mars project deserves recognition, noting it brings great credit to Ithaca and Tompkins County for its nurturing and development of Cornell as a world-class university.  He stated that Tompkins County residents are all part of the event and the success.

 Ms. Kiefer, District No. 10 Legislator, reported that Erie County has passed the Neighbor Notification Law, specifying a one-year sunset clause, utilizing this year as a trial; it is the seventh County in New York State to adopted Neighbor Notification Law.

Report from a Municipal Official

 There was no municipal official(s) in attendance.
 
Chair’s Report and Appointment(s)

Mr. Joseph said Committee assignments should be completed by the next Legislative meeting on January 20, 2004; any required Committee meeting prior to that time will be the 2003 members of the Committee.  He asked that members of the Legislature provide information of potential conflicts with meetings during the week to assist with the scheduling process.

 In response to an inquiry by Ms. Robertson regarding the State-wide press conference held earlier in the day; Mr. Joseph reported that numerous speakers were present to address the issue of unfunded mandates and the State's need to resolve the issue.  He stated many stacks of signed letters to be sent to State Senate and Assembly members expressing concern with the increased cost of  mandates passed to local governments, thereby increasing school and property taxes were placed in the center of the table. Mr. Joseph said it made a significant visual impact to those in attendance as each stack was several feet high.  These letters along with signed petitions will be presented to the State representatives in the near future.  Mr. Joseph said Mr. Santulli of Chemung County as well as other County Legislators spoke out against mandates and Medicaid costs, indicating failure to respond to counties' requests for relief could hurt State Legislators place in government.  Ms. Robertson then informed the Legislature of PushBack's upcoming meeting with Congressman Boehlert's aide Jamie Brown on January 9, 2004, to discuss the impact of Federal budget decisions on local residents and the January 22, 2004, meeting when PushBack will elect officers.

Report from County Staff

 There was no report from County staff.

Report from the County Administrator

 Mr. Whicher expressed his appreciation of the 2003 committee scheduling efforts and hoped that the same flexibility was possible for 2004.  He then requested the completion and return of the budget surveys that were provided to members of the Legislature.  Mr. Whicher also requested an executive session be held at the end of the meeting to discuss labor negotiations.

Report from the County Attorney

 Mr. Wood had no report.

Report from the Finance Director

 Mr. Squires reported that 2004 County tax bills are in the mail, noting that it is the homeowner's responsibility to call if it is not received.  He then stated that Friday, January 9, 2004, was the last date to pay for delinquent taxes for properties listed in the foreclosure announcements.  At this time the inventory of properties is one-half of the number of original properties listed.  Mr. Squires reported on the sales tax revenue, noting a thirteen percent increase from last year's figures.  He said that when taking into consideration extraordinary positive adjustments made in 2002 the final revenue figures may surpass estimates of $23.5 million.  He also reported that the County's cash position held steady for December 2003 with over 9 million dollars in the General Fund.

Addition of Resolution(s) to the Agenda

 There were no resolution(s) added to the agenda.

Withdrawal of Resolution(s) from the Agenda

 There were no resolution(s) withdrawn from the agenda.

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

 There were no appointments or resolutions under the Consent Agenda.

Report and Presentation of Resolution(s) from the Public Safety Committee

 Ms. Blanchard, Chair, said the Committee met prior to the regular Legislative meeting to discuss the resolution that will be presented.   She then reported the regular meeting of this Committee will not occur in January due to other Committees' needs.

RESOLUTION NO.  1     - ACCEPTANCE OF GRANT FROM NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR STATE HOMELAND SECURITY GRANT PROGRAM

 It was MOVED by Ms. Blanchard, seconded by Mrs. McBean-Clairborne, and unanimously approved by voice vote by members present.  RESOLUTION ADOPTED.

WHEREAS, the County has been awarded grant funds from the New York State Division of Criminal Justice Services for the purpose of designing and developing protocols and exercises for a variety of community emergency responders to deal with Weapons of Mass Destruction (WMD) and Terrorism, and
WHEREAS, specialized training for emergency responders has been identified as a critical need in the County's Comprehensive Emergency Management and Hazardous Materials Response Plans, and
WHEREAS, the Department of Emergency Response is prepared to administer this grant, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the County hereby accepts funds in the amount of $58,433,
RESOLVED, further, That the following adjustments be made to the 2004 Budget:

Revenue:   3410.43959 State Aid                $58,433

Appropriation: 3410.54400 Program Expense   $58,433

RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts or other documents related to this project.
SEQR ACTION:  TYPE II - 21

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Report from the Facilities and Infrastructure Committee

 Mr. Booth, Chair, reported the Committee will meet on January 13, 2004.

Report from the Consumer and Community Affairs Committee

 Ms. Kiefer, Chair, reported the Committee met on December 17, 2004, and received an update from the County Clerk regarding the issue of public restrooms for Motor Vehicle Department customers.  She also said information regarding Clean Money Clean Elections was provided by Mr. Pearlstein of the Cornell University Chapter of Democracy Matters and that a proposed resolution will be developed regarding this topic.  Ms. Kiefer then shared information related to the November 2003 Tompkins County Public Library Board of Trustees decision to proceed with steps necessary to become a Public Library District, noting that changes to charters may be required.  She said the Committee heard from Mr. Eden of the Bill of Rights Defense Committee regarding the impacts of the USA Patriot Act and post-9/11 governmental decisions that may affect civil rights.  A letter is being sent to Department Heads to inquire what impact the new governmental requirements may have had on County departments or agencies and their customers.  The last item reviewed by the Committee was information from Municipal Electric and Gas Alliance regarding a study done for Chemung County in 1996 regarding creating a municipal utility and the Committee will review this information further.

Report and Presentation of Resolution(s) from the Government Operations Committee

 Mr. Koplinka-Loehr said the Committee had not met since the last Legislative meeting.  The next meeting will take place on January 15, 2004, at 2:00 p.m. at which time the  Rules of the Board and Processes of the Committees will be discussed as well as draft changes of the Financial Disclosure Form and proposed law to protect transgender citizens.

RESOLUTION NO. 2  - ESTABLISHING 2004 MEETING DATES

 It was MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne, and unanimously approved by voice vote by members present.  RESOLUTION ADOPTED.
 
 RESOLVED, on recommendation of the Government Operations Committee, That the 2004 regular meetings of the Tompkins County Legislature are as follows:

 Tuesday,  January 6,  2004 at 5:30 p.m.
 Tuesday, January 20, 2004 at 5:30 p.m.
 Tuesday, February 3, 2004 at 5:30 p.m.
 Tuesday,  February 17,  2004 at 5:30 p.m.
 Tuesday, March 2, 2004 at 5:30 p.m.
 Tuesday, March 16, 2004 at 5:30 p.m.
 Wednesday,  April 7,  2004 at 5:30 p.m.
 Tuesday, April 20, 2004 at 5:30 p.m.
 Tuesday, May 4, 2004 at 5:30 p.m.
 Tuesday,  May 18,  2004 at 5:30 p.m.
 Tuesday, June 1, 2004 at 5:30 p.m.
 Tuesday, June 15, 2004 at 5:30 p.m.
 Tuesday, July 6, 2004 at 5:30 p.m.
 Tuesday, July 20, 2004 at 5:30 p.m.
 Tuesday, August 3, 2004 at 5:30 p.m.
 Tuesday,  August 17, 2004 at 5:30 p.m.
 Tuesday, September 7, 2004 at 5:30 p.m.
 Tuesday,  September 21,  2004 at 5:30 p.m.
 Tuesday, October 5, 2004 at 5:30 p.m.
 Tuesday, October 19, 2004 at 5:30 p.m.
 Wednesday,  November 3,  2004 at 5:30 p.m.
 Tuesday, November 16, 2004 at 5:30 p.m.
 Tuesday, December 7, 2004 at 5:30 p.m.
 Tuesday,  December 21,  2004 at 5:30 p.m.

SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 3   - SETTING THE INCOME LIMITS FOR THE PERSONS WITH DISABILITIES AND PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER LIMITED INCOMES REAL PROPERTY TAX EXEMPTION

  MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lane.  Mr. Franklin, Assistant Director of the Assessment Department, responded to an inquiry that the income level was the Adjusted Gross Income less any allowable IRA distributions.  Mr. Winch said that the vote was 3 - 2 at the Committee and felt it was important to review the discussion that took place.  Mr. Koplinka-Loehr said that those voting in favor felt there were such significant increases in the tax burden that it was a modest break for those in certain categories, those voting against did not feel that an increase that paralleled the State figures was significant enough to warrant a loss of revenue.  It was also noted the income levels were per household, not per individual.  Mr. Todd feels the resolution would cost the County approximately $97,000 in revenues with additional assessment increases annually.  He does not feel it is appropriate to increase assessments on one hand and decrease tax revenue on the other.  Mr. Lane said he will support the resolution as he had done in Committee, that it provides relief to senior citizens and low income households who could potentially lose their homes due to tax increases.  Mrs. McBean-Clairborne said she wanted to clarify that the resolution affected senior citizens and individuals with disabilities and that it is a small gesture to allow individuals to keep their homes.  Mr. Penniman agrees with Mr. Lane and Mrs. McBean-Clairborne, stating the resolution makes the property tax more income-based.  Ms. Kiefer spoke of information provided that gives several scenarios for the exemption.  She then spoke of information that showed the wide range of exemptions levels for this particular exemption amontg the various municipalities of Tompkins County.  She noted that the County has been cautious when setting this exemption in the past, never automatically adopting the State maximum, that there is a STAR exemption, and that the County does need revenue.

 It was MOVED by Ms. Kiefer, seconded by Mr. Koplinka-Loehr, to amend the maximum income level to $22,000.  Ms. Kiefer thought this amount would provide a compromise in the increase.  Mr. Lane said that lowering the amount to $22,000 would add individuals and that unlike local municipalities the County has had the double-digit inflation for two consecutive years, indicating the need for the increased estimates afforded by the original resolution.  Mr. Franklin said the income figures had not changed since 2001.  Mr. Proto noted that the property owners not receiving an exemption would have to make up for this reduced revenue and therefore this would increase the burden upon them.  He asked if the resolution could be postponed and was informed by Mr. Franklin that the municipalities are looking to the County's decision prior to setting their exemptions.  In response to an inquiry from Ms. Robertson, Mr. Franklin noted approximately a total of 1,200 homes receive an exemption and it would be 322 additional parcels if the income levels were at the State maximum.  Ms. Robertson said the increase may only retain those who were eligible in 2001 that had been removed due to small increases in income.  Mr. Proto said that the $97,000 figure may change as an increase in individuals eligible may be increased due to loss of jobs or the poor economy.  Mr. Totman said while he likes to assist those in need he cannot understand how the County can decrease revenue when the budget clearly indicates the need for the revenues.

A voice vote on the motion to amend the resolution to reflect the maximum income amount of $22,000 resulted as follows:  Ayes - 5 (Legislators Booth, Kiefer, Koplinka-Loehr, Penniman, Schuler); Noes - 9 (Legislators Blanchard, Joseph, Lane, McBean-Clairborne, Proto, Robertson, Todd, Totman, and Winch); Excused - 1 (Legislator Herrera).  MOTION FAILED.

With regard to the original resolution with a $24,000 maximum income level, Ms. Blanchard stated that due to Adjusted Gross Income used as the determining factor, she would qualify for this exemption; she feels the exemption provides for reduced tax liability to some who could afford it, that it is not a true reflection of lower income and for that reason cannot support the resolution.

A voice vote on the original resolution resulted as follows:  Ayes - 7 (Legislators Booth, Joseph, Lane, McBean-Clairborne, Penniman, Robertson, and Schuler); Noes - 7 (Legislators Blanchard, Kiefer, Koplinka-Loehr, Proto, Todd, Totman, and Winch); Excused - 1 (Legislator Herrera).  RESOLUTION LOST.

Mr. Booth inquired how the resolution could be brought back to the table and was told it may be reintroduced by a member voting on the prevailing side which was the noes, or a member not in attendance at this meeting.  It was noted the $22,000 version could be brought back too.

 WHEREAS, the County Legislature desires to increase the income limits for the Persons with Disabilities and Limited Incomes Real Property Tax Exemption, and
WHEREAS, the County Legislature desires to increase the income limits for the Persons Sixty-Five Years of Age or Older Real Property Tax Exemption, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That M as stated in Local Law No. 1 of the year 2001 be amended to $24,000,
 RESOLVED, further, That the following schedule of income limits and corresponding percentage exemptions be adopted.
      Percentage Assessed Valuation
Annual Income      _    Exempt From Taxation___
$24,000 or less                  50%
 
$24,001 to $25,000          45%

$25,001 to $26,000          40%

$26,001 to $27,000          35%

$27,001 to $27,900          30%

$27,901 to $28,800          25%

$28,801 to $29,700          20%

$29,701 to $30,600          15%

$30,601 to $31,500          10%

$31,501 to $32,400           5%
SEQR ACTION:  TYPE II-20

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Report from the Planning, Development and Environmental Quality Committee

 Mr. Lane, Chairman, said the Committee will meet on January 7, 2004, and will be discussing the membership of the Water Resources Council membership and the trails within the County.

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

 Mr. Penniman, Chair, reported the Committee has not met and does not have a meeting scheduled at this time.  He spoke of the previous resolution increasing the mortgage tax indicating there are several steps to take in order to put the increase into place.  Mr. Penniman felt since there had been differences regarding the allocation of funds resulting from the increase it is important to develop one or two specific proposals to bring forward.

RESOLUTION NO.  4 - AMENDMENT OF RESOLUTION NO. 296 OF 2003 - CREATION OF, ABOLITION OF AND CHANGES IN POSITIONS - VARIOUS DEPARTMENTS

 MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne.  Mr. Winch spoke about the Youth Services position and feel further discussion should be held to determine if the positions could be combined.  A brief discussion took place where it was noted the positions were a result of requested decreases in budget and had been overlooked when passing the resolution in December.  Mr. Winch challenged members of staff and the Legislature to find ways to possibly combine positions and potentially reduce the total cost of payroll and fringe benefits in the future.

 A voice vote on the motion resulted as follows:  Ayes - 13, Noes - 1 (Legislator Totman), Excused - 1 (Legislator Herrera).  RESOLUTION ADOPTED.

WHEREAS, some changes in positions were inadvertently omitted from the resolution approved in December following adoption of the 2004 County Budget, now therefore be it
RESOLVED, on recommendation of the Expanded Budget and Capital Committee, That the hours of the following positions be changed as follows effective January 1, 2004:
DEPARTMENT OF SOCIAL SERVICES
   1.0  Security Officer (9/650), labor grade J (9), competitive class, decrease from 37.5 hours to 20.0 hours per week
 YOUTH SERVICES
 1.0 Program Management Specialist (655) labor grade M (13), competitive class, decrease from 35.0 hours to 28.0 hours per week

 1.0 Youth Bureau Planner (634), labor grade N (14), competitive class, decrease from 35.0 hours to 28.0 hours per week
SEQR ACTION:  TYPE II-20

__________________

Report from the Health and Human Services Committee

 Ms. Robertson, Chair, said the Committee has not met.  The next meeting will on January 13, 2004, at 4:00 p.m. at which time a presentation by Audrey Edelman regarding the real estate market will occur.

Report and Presentation of Resolution(s) from the Space Needs and Location Committee

 Mr. Proto reported the Committee has not met.  The next meeting will be on January 14, 2004, when a report will be given by Mr. Marx and Ms. Buck regarding the space needs for the County.

RESOLUTION NO. 5 - ADOPTING ADMINISTRATIVE POLICY ESTABLISHING OFFICE SPACE STANDARDS FOR COUNTY FACILITIES

 MOVED by Mr. Proto, seconded by Ms. Robertson.  Ms. Blanchard indicated that she was of the understanding that the policy would not apply to projects already in existence.  Ms. Robertson said that with regard to the Public Safety project the engineers were already in possession of the proposed standards and she felt they would be taken into consideration.  A voice vote resulted as follows:  Ayes - 14; Noes - 0; Excused - 1 (Legislator Herrera).  RESOLUTION ADOPTED.

 WHEREAS, the Space Needs and Location Committee has reviewed the space requirements of County Departments and Agencies, and
 WHEREAS, space standards are necessary to ensure that all county employees are provided with an appropriate work environment and that county fiscal resources are judiciously and equitably utilized to provide such a work environment, now therefore be it
 RESOLVED, on recommendation of the Space Needs and Location, Facilities and Infrastructure, and Government Operations Committees, That the following Administrative Policy is adopted:
   01- 43  Office Space Standards for County Facilities
RESOLVED, further, That all County construction projects, and to the extent reasonably possible renovation projects, be designed and built in accordance with the space standards incorporated in this Administrative Policy which shall take effect immediately,
 RESOLVED, further, That changes to these space standards require approval of the County Legislature.
SEQR ACTION:  TYPE II-20

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

 Ms. Blanchard, Chair, reported the Committee met prior to the Legislative meeting.  There has been no meeting set for January at this time.

RESOLUTION NO. 6  – AUTHORIZATION TO EXECUTE A CONTRACT  FOR LEGACY SYSTEMS RELOCATION AND INTEGRATION AT THE NEW EMERGENCY RESPONSE CENTER

 MOVED by Ms. Blanchard, seconded by Mr. Totman, and unanimously approved by voice vote by members present.

 WHEREAS, emergency management operations at the new Emergency Response Center require that existing communications (legacy) capabilities at the Green Street location be re-established at the new Center, and
 WHEREAS, Midstate Communications and Electronics, Inc., is responsible for maintenance of the County’s current systems, and is intimately familiar with the County’s requirements, and
 WHEREAS, Midstate Communications and Electronics, Inc., has provided the County with a professional services quote for this work, now therefore be it
RESOLVED, on recommendation of the Communications Capital Projects Committee, That the County Administrator is hereby authorized to execute a contract and any necessary documents, with Midstate Communications and Electronics, Inc., for the relocation and integration of legacy Communications Systems equipment at the new Emergency Response Center,
RESOLVED further, That the funds for the project shall not exceed $130,000 of which $56,740.66 is in the Department of Emergency Response Budget and the balance shall come from the existing Public Safety Communication Project capital project, (Project No. 34.12) Account No. HI3412.59239.
SEQR ACTION:  TYPE II-20

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Approval of Minutes

 No minutes were presented for approval.
 
Recess

 Mr. Joseph declared recess at 7:07 p.m.  The meeting reconvened at 7:15 p.m.

Executive Session

 It was MOVED by Ms. Blanchard, seconded by Ms. Schuler, and unanimously approved by voice vote by members present, to hold an executive session to discuss guidelines for labor negotiations.  An executive session was held at 7:15 p.m. and returned to open session at 8:00 p.m.

Adjournment

 On motion the meeting adjourned at 8:00 p.m.

Respectfully submitted: Karen Fuller, Deputy Clerk

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