Tompkins County Legislature
Regular Meeting
January 18, 2005 - 5:30 p.m.
Legislature Chambers

Public Hearing - Reconstruction of the McLean-Cortland Road and Bridge in the Town of Groton

 Chair Joseph called a public hearing to order at 5:30 p.m. concerning the reconstruction of the McLean-Cortland Road and Bridge in the Town of Groton and the impact on the environment and residents of the locality where said project will be constructed.

 No one wished to speak and the public hearing was closed at 5:31 p.m.  (Mr. Jack Miller made a statement relative to this issue under Privilege of the Floor by the Public).

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:  15 Legislators.  Mr. Todd and Mr. Totman were excused at 7:25 p.m.

Privilege of the Floor by the Public

 Jack Miller, McLean resident, read and submitted the following statement for the record:

 "I come here as representative of McLean Fire Dept. and chairman of the McLean Fire District Commissioners to speak to you about the Eminent Domain procedure against the McLean Fire District.  John Lampman came to the Fire District meeting on Nov.15, 2004 to show us what was needed by Tompkins County for the rebuilding of the School St Bridge in McLean. He presented (2) issues:

 1- The need for 1 tenth acre for new bridge approachment.
 2- The use of place to setup crane to work on bridge

 "We have just purchased the 1.1 acre property in July 2004 for our further use as community center/fire station. The Tompkins County Assessment of this property is $95,000, the offer we received we find is not in line with the Tompkins county assessed value.

 "We discussed with Mr. Lampman (3) alternatives:

 1- Due to what we see as your under value offer, we spoke to him about doing some creek bank stabilization, from the point where the fire district left off some years ago to the new bridge abutment on the East side of Fall Creek.
 2- Remove and fill in old septic tank site so as to provide Tompkins County a site to set their crane up for this rebuilding of the bridge.
 3- Finally we suggest the in-kind work would benefit both organizations and is preferable and there for removes a need for financial exchange.  Mr. Lampman stated he was unable to make any commitment on first two issues, as it would be up to the contractor for these items to be used as replacement of the funding.  Finally if our request of first (2) issues cannot be met, then we request a payment of $4,200 dollars. He stated he was not authorized for this amount, or the requested work. But he would go back to discuss these matters and call us very soon.

 "Your response to our request for further talks is to place a legal notice in Ithaca Journal for Eminent Domain Procedures which we saw by chance on Jan. 6, 2005.

 "Let us be first to congratulate you on your first fast action on this matter (60 days only).  As a fire dept. we have waited 7 or 8 years for you to improve our emergency alerting system and our mobile radio communications system. (No 60 Days Here) Further we requested on Aug. 2004 to Tompkins County Assessment Dept. to remove this property at 6 School St. from the assessment rolls, but received letter stating this would take (8) months or March 2005. Again not 60 Days.  This in turn has our fire personnel having to do fund raising events, to pay the $2,000 dollars in taxes this month. This could much better be spent in repairs to our 1975 tank truck.

 "We had thought that in the aftermath of lawsuits filed by the municipalities a few years ago there might be some improvement between local government (GUESS NOT). Resorting to this heavy handed approach at this time when we should be building a cooperative relationship seems counterproductive and we remain willing to continue the discussion."

 Matt Braun, Executive Director of the History Center of Tompkins County, called the Legislature's attention to the new quilt on display.    He stated quilts are provided on loan to the Tompkins County Legislature in recognition of the supportive relationship that has existed for over fifty years between the two organizations, ensuring that centuries-worth of the community's history are housed safely for use by future generations.  Mr. Braun said the quilt now on display was made by local artist, Patty Elwin Davis, and is entitled Sacagawea.    Sacagawea was the Shoshone Indian guide to the Lewis and Clark Expedition of 1804-1806.  This quilt is part of a larger award-winning group of quilts designed by Ms. Davis that celebrates the Lewis and Clark Expedition and is now display with the traveling Lewis and Clark re-enactment troop currently located in Oregon.  Mr. Braun said this Voyage of Discovery is thought to be the most momentous expedition in American history.

 Carolyn Grigorov, Town of Ithaca, spoke of the proposed action by this Legislature to authorize the design phase of the Coddington Road project.  She said many residents of Coddington Road attended a meeting last week to discuss the impacts of this project. John Lampan, Acting Highway Manager, was in attendance at that meeting and was very helpful in answering questions posed by residents.  Ms. Grigorov said they understand work needs to be done to Coddington but that the County's goals can be met while preserving the neighborhood and saving money at the same time.   She said most agreed they would like to see the current ten-foot lane be nine, to have four-foot paved shoulders for bicyclists and walkers wherever possible, drainage placed in ditches, and minimal roadside clearance.  She said she hopes the County would consider these ideas and the severe impact the original plan could have on the road and neighborhood.

Privilege of the Floor by Legislators

 Mr. Joseph asked Mr. Wood to respond to comments made earlier with regard to Eminent Domain proceedings.  Mr. Wood explained that under the Eminent Domain Procedures Law there are two different proceedings.  There is one to take property and another entirely different proceeding which deals with what people get paid for it.  He said the only thing that is ever at issue in the part of taking property is whether it is for a public purpose.  He said the first consists of going through a lot of procedures and includes holding a public hearing.  He said that doesn't have anything to do with negotiating with property owners as this is a totally separate procedure.   Mr. Wood stated the County has never had unsuccessful negotiations with property owners and has not had to resort to taking a property through eminent domain procedures.  He stressed that the public hearing was held this evening for the basis of following required procedures.

Presentation of Distinguished Youth Award

 Mr. Proto, District No. 7 Legislator, presented the January, 2005, Distinguished Youth Award to Andrew Dunnick, member of the Danby Fire Department.   At age 17, Mr. Dunnick has been a member of the Department for a year and since that time has responded to many emergency situations and on one occasion saved the life of an individual in distress.  While attending school and also preparing for college, Andrew has attended training courses and is now qualified as an interior firefighter.    He has introduced other students to the fire company and has recruited new members.  Mr. Proto said Mr. Dunnick exemplifies the tradition of the fire services, including the spirit of community and self-sacrifice.  His devotion to the company is in keeping with his other academic and civic accomplishments in high school.  He is on the academic honor roll at Ithaca High School, has been inducted into the National Honor Society, is Vice President of the Senior Class, is Co-President of the Model United Nations Club, Captain of the Varsity Tennis team, a writer for the School Newspaper, and an Eagle Scout.

 Ms. Robertson, District No. 13 Legislator, said a presentation that was intended for this evening by Lisa Holmes of the Office for the Aging, on the results of the Countywide survey on senior needs, has been postponed to a later date.  Ms. Robertson announced the annual meeting of the Human Services Coalition will be held on February 1 from noon to 2 p.m. at the Women's Community Building.  The speaker will be Mildred Warner from the Department of City and Regional Planning at Cornell University.  Ms. Warner will speak about valuing human services from an economic-development perspective.

 Ms. Schuler, District No. 4 Legislator, reported Carol Kammen, Tompkins County Historian, was named New York State Public Historian of the Year.  Ms. Kammen was recognized for her experience and broad experience at the town, village, and county level.  She has been a tireless mentor to town and village historians in Tompkins County and elsewhere.  Most recently Ms. Kammen worked with municipal historians to produce and publish Place Names of Tompkins County.  As Local Historian of the Year, Ms. Kammen will also serve next year as Chair of the Commissioner of Education's Council on State and Local History.  Ms. Schuler noted Ms. Kammen is only the third person to have been designated Local Historian of the Year.

Presentation - Help America Vote Act

 Bo Lipari of New Yorkers for Verified Voting, made a presentation to the Legislature on different ways Tompkins County can comply with HAVA (Help America Vote Act) in terms of voting equipment in New York State.  He explained HAVA requires New York State to provide voter-accessible disabled-accessible voting equipment.  This means in New York State that lever machines will be replaced with an alternative-type of technology.   At the State and local levels up until now only one option has been discussed -- electronic touch-screen voting machines (referred to as Direct Recording Electronic, or DRE's).  He said there are two types of DRE machines under consideration; a paperless voting machine that records votes all day long only with computer memory and the electronic media attached to it, and a paper ballot/precinct-based optical scan voting system.

 Mr. Lipari reviewed advantages and disadvantages to each system as well as cost comparisons and noted that last year Tompkins County adopted a resolution calling for voter-verified paper ballots.  He applauded the Legislature for taking that action and urged adoption of the resolution on the agenda entitled Advocating Certification of Hava-Compliant Voting Machines and Related Election Law Improvements.

 Mr. Penniman said the Consumer and Community Affairs Committee received information stating the up-front costs are lower for the optical scan units but that the ongoing costs for printing the much larger number of ballots would actually be more.  Mr. Lipari said he spoke at a League of Women Voters meeting in Steuben County where this was the only objection raised to the optical-scan system.  He said although that information is true, it is only a part of the picture.  When ongoing costs of a voting system are looked at it is incorrect to take any single element that may be more expensive and use it to state ongoing costs are more.  He said when you look at a system such as this you need to look at the lifetime costs of the system and a number of features over the lifetime of the system.  He said not only the initial capital cost of the system but the per-unit storage cost including battery charging, per unit configuration and calibration and-ballot programming cost, annual per unit labor cost for logic and accuracy testing, unit operating costs for the DRE's versus the optical scanning, and the annual polling- place staffing and training cost.  He said even if one were to assume that the maintenance per unit cost for an optical-scan machine and a DRE is equivalent, we will need approximately 20 percent fewer optical-scan machines.  He noted that last week the Ohio Secretary of State announced that Ohio will use the optical scan system for reasons of costs, compliance, and accountability.  The presentation concluded at this time and with agreement by the Legislature, Mr. Joseph moved the resolution pertaining to this subject up on the agenda.

RESOLUTION NO. 3 - ADVOCATING CERTIFICATION OF HAVA-COMPLIANT VOTING MACHINES AND RELATED ELECTION LAW   IMPROVEMENTS

 MOVED by Ms. Kiefer, seconded by Ms. Robertson.  Mr. Lane thanked Mr. Lipari for the work he has done on this; however, he said he does not agree with New York State reverting to a paper ballot system.  He cautioned against this Legislature taking the State of Ohio's actions as being a good precedent here.  Mr. Lane said he fully supports having a voter-verifiable paper entry on a DRE and feels that is a necessity in this day and age but to say that because it is a less-expensive system to revert to paper ballots, is not the right answer.  Mr. Penniman highlighted changes that were made at the Committee level and highlighted that the way this resolution is worded, it makes the optical-scanning machines as the HAVA-compliant machine of choice but it does not exclude other types of machines as long as they have voter-verifiable systems.

 Mr. Proto said this resolution does not require Tompkins County to purchase anything; it urges the State of New York to consider the content of this resolution as the State continues its deliberations on this matter.  .  Ms. Robertson stated the funding is meant to be 95 percent federal funding and the State is being asked to pick up the other five percent rather than it becoming a responsibility of counties   She said this is an important issue because some counties have fewer resources than others.   Mr. Todd said our system with lever machines is not broken, so there is not need to fix it.    Mr. Winch said he has many unanswered questions about this issue and, therefore, cannot support the resolution. Ms. Kiefer, Chair of the Consumer and Community Affairs Committee, agreed with Mr. Penniman and Mr. Proto's comments

 A voice vote resulted as follows:  Ayes - 11, Noes - 4 (Legislators Lane, Todd, Totman, and Winch).  RESOLUTION ADOPTED.

WHEREAS, free and fair elections provide the backbone of our democracy, and public confidence in the election system is crucial, and
WHEREAS, in October 2002, in response to the election debacle in Florida, Congress passed the Help America Vote Act (HAVA) to help States replace antiquated and unreliable voting systems and make voting accessible to people with disabilities, and
WHEREAS, New York State has yet to specify the details of its compliance with HAVA, but must act expeditiously or risk losing federal funding, and
WHEREAS, as it considers voting issues related to HAVA, the State Legislature should use the opportunity to consider additional election reform, and
WHEREAS, locally we have studied and gathered information that we believe can help inform our State Legislature in its deliberations on these issues, and
WHEREAS, optical scanners (paper ballot/election-district-based optical scan voting systems) are the most reliable, user-friendly and cost-effective technology, and can be supplemented with adaptive ballot marking devices that render this system usable by people with disabilities, now therefore be it
RESOLVED, on recommendation of the Consumer and Community Affairs Committee, That the Tompkins County Legislature urges the New York State Assembly, Senate, and Governor to certify optical scanning machines with full-face ballots as the HAVA-compliant machine of choice for New York State,
RESOLVED, further, That the Tompkins County Legislature urges the New York State Assembly, Senate, and Governor to incorporate the following:
· If other than optical scanning systems are certified, all voting systems must produce a voter-verified permanent paper record for use in manual audits and recounts. This requirement means that any system must include a ballot that each voter would verify as accurate and that would be reserved in a secure manner for later use in a recount;
· If other than optical scanning systems are certified, all voting systems must be equipped with  adaptive devices, so persons with visual and other disabilities can use the same system that will  still provide a voter-verified paper ballot;
· Ban the use of undisclosed software and wireless communications devices in systems for voting and the tabulation of vote totals;
· Require election-district-level tabulation and public posting of each election-district’s results at each polling place when the polls close;
· Require mandatory, random surprise audits in not less than 3.0 percent of election districts in each county;
RESOLVED, further, That our election process be further improved by:
· Allowing split shifts for election inspectors, to ease the difficulty of finding competent persons willing to do this important work. It should be perfectly possible to provide for secure switchover of personnel at the midpoint on Election Day without compromising the vote;
· Having the five percent cost not covered by Federal HAVA funds be paid by New York State rather than its individual counties (so as not to create a hardship on counties with fewer local resources and because the source of funds at the state level is more broad based).
· Allowing absentee balloting without requiring an excuse (joining the twenty-five other states that do so).
RESOLVED, further, That this Legislature requests that New York State’s HAVA implementation plan be amended in accordance with the above-bulleted list in a timely manner so that New York State will have sufficient time to receive Federal monies and purchase appropriate equipment,
RESOLVED, further, That a copy of this resolution be sent to President George W. Bush, Senators Schumer and Clinton, Congressmen Boehlert and Hinchey, Governor George Pataki, HAVA Conference Committee members, State Senators Bruno, Winner, Seward and Nozzolio, State Assemblymembers Silver and Lifton, and Deputy Executive Director, New York State Board of Elections, Peter Kosinski.
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Addition of Resolution(s) to the Agenda

 It was MOVED by Mr. Penniman, seconded by Ms. Schuler, and unanimously adopted by voice vote, to add the resolution entitled Authorizing the County Administrator to Enter into an Air Service Development Agreement - Ithaca Tompkins Regional Airport.

RESOLUTION NO. 4 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO AN AIR SERVICE DEVELOPMENT AGREEMENT - ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Penniman, seconded by Mr. Booth.  Ms. Blanchard reported on activities of the Air Service Task Force and what services will be included in this agreement.  She thanked all of the members of the Task Force for their hard work in putting this together.   Mr. Booth added a thank you to Ms. Blanchard for all of her work.

 Mr. Lane said this is a wonderful milestone for Tompkins County.  He said the economic well-being of Tompkins County is very much connected with the Airport and that the ability to attract a second airliner to make this connection to a major hub such as Detroit places Tompkins County in a position for continued attraction to businesses that want to develop in Tompkins County.

 Mr. Joseph said this is the most remarkable partnership that he has seen in his time in County government.  He said it brought together County government, Cornell University, other local governments, and the business community in a way that he has not seen before.   He said that partnership is represented on the Air Service Task Force but is also represented as being parts of this agreement.  Mr. Joseph said Cornell is taking on a substantial part of the revenue guarantee that gets Northwest to come to Tompkins County, and so is the business community through cooperation of the Chamber of Commerce, but also acting as individual businesses and taking a piece of the revenue guarantee.

 Ms. Herrera said she will support this resolution.  She feels it is important for economic development, will keep and bring jobs to the area, and is impressed as Mr. Joseph by the way this agreement was negotiated.   However, Ms. Herrera said she has concerns about what will happen beyond the one-year revenue guarantee and does not want to see taxpayers bear the burden of this and be subsidizing private businesses.  Mrs. McBean-Clairborne asked that the County do everything possible to ensure the current airline (US Air) using the Ithaca Regional Airport remains using the facility.  Mr. Winch spoke in support of this resolution and said he believes this is a chance for an economic turnaround at the Tompkins County Airport.

 A voice vote resulted as follows:  Ayes - 14, Noes - 0, Temporarily out of the room - 1 (Legislator Proto).  RESOLUTION ADOPTED.

 WHEREAS, the Air Service Task Force has identified the benefit of additional airline service at the Ithaca Tompkins Regional Airport, and
 WHEREAS, Northwest Airlines, Inc., has proposed an Air Service Development Agreement which would provide for two daily flights to the Northwest hub in Detroit, Michigan, from the Airport, and
 WHEREAS, such additional air service would serve the interest of the community, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator is authorized to enter into an Air Service Development Agreement with Northwest Airlines, Inc.,
 RESOLVED, further, That the County Administrator is authorized to enter into all necessary agreements, including a lease agreement, necessary to effectuate the additional air service.
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Addition of Resolution(s) to the Agenda

 It was MOVED by Ms. Robertson, seconded by Ms. Schuler, and unanimously adopted by voice vote, to add to the agenda the resolution entitled Supporting the Community Prescription Drug Discount Care Program.  Ms. Robertson noted that Rx cards are available at all pharmacies.  Mr. Todd noted if Tompkins County can do this, why not New York State?

RESOLUTION NO. 5 - SUPPORTING THE COMMUNITY PRESCRIPTION DRUG DISCOUNT CARD PROGRAM
 
 MOVED by Ms. Robertson, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote.

WHEREAS, health care costs have been rising yearly far above the rate of inflation, and the cost of prescription drugs is the fastest-growing factor contributing to this growth, and
WHEREAS, many individuals, such as senior citizens, self-employed people, part-time workers, and workers in low-to-moderate wage jobs, have inadequate or no insurance coverage for prescription drug costs, and
WHEREAS, according to a report from the National Center for Health Statistics, more than 40 percent of Americans take at least one prescription drug, and 17 percent take three or more (New York Times, 12-3-05), and
WHEREAS, several counties in New York State have entered into agreements with pharmacy benefits managers (PBMs) who negotiate discounted prescription drug costs with pharmacies and other suppliers to provide county residents a discount card to purchase prescription drugs at a reduced price, and
WHEREAS, the Health and Human Services Committee investigated the various PBMs and the programs they offer, to address this critical need within the community and seek financial relief for the uninsured and underinsured, and
WHEREAS, the discount card offered by CaremarkRx requires no application fee or application process for residents to use the discount card, and there is no cost to taxpayers or users for the CaremarkRx program, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature supports the prescription drug discount card program offered by CaremarkRx of Nashville, Tennessee, to provide prescription drug discounts for uninsured and underinsured Tompkins County residents,
RESOLVED, further, That any resident may use the discount card, and publicity and outreach efforts will be made to distribute the cards and publicize their value.
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RESOLUTION NO. 6 - URGING REFORM OF THE UNIVERSAL SERVICE FUND TO PROVIDE EDUCATION TO ALL ELIGIBLE APPLICANTS, TO  SUSPEND THE ABILITY TO CHARGE SALES TAX ON SAID CHARGE, AND TO STREAMLINE THE APPLICATIONS PROCESS
 
 MOVED by Ms. Kiefer, seconded by Mr. Proto. Mr. Proto called attention to phone bills and said starting in February a New York State sales tax will be charged on this fee.    He noted this fund collected $5,174,622,000 in 2002.  He said his opposition to this fee is based on the substantial amount of money collected from Tompkins County and the lack of return Tompkins County sees on those monies.  A voice vote resulted as follows:  Ayes - 15, Noes - 0.  RESOLUTION ADOPTED.

WHEREAS, the Telecommunications Act (TCA) of 1996, mandated that all Americans receive the benefits of universal service - affordable and efficient access to telecommunications and information services, and
WHEREAS, the TCA of 1996 established four support-mechanism categories: High Cost Support (for telecommunication company use); Low-Income (Lifeline) Support for companies serving low-income groups; Rural Health Care Support (for rural health care providers); and Schools and Libraries (E-rate) support, each having its own set of eligibility rules, and
WHEREAS, the Universal Service Administration Company (USAC), a private corporation, was established in 1997, and retained to accomplish that purpose, and
WHEREAS, the Universal Service Fund of USAC is charged with collecting and providing the funding for the four support mechanisms by collecting "contributions" from telecommunications companies in the United States, and
WHEREAS, the telecommunication companies are required to pay a specific percentage of their revenues from interstate and international revenues into the Fund, and
WHEREAS, these "contributions" are collected by formula from the customers of all the telecommunications companies on a monthly basis and remitted to the fund at least quarterly, and
WHEREAS, these funds then become available to eligible applicants for redistribution in order to defray the cost of delivering the services in the four categories previously noted, and
WHEREAS, it was estimated in 1994 by then Fire and Disaster Coordinator Jack Miller, that those Tompkins County telephone customers required to contribute conservatively numbered 50,000, and at an average of $2 per month would contribute in excess of $1 million annually, and these contributions have continued each year since, and
WHEREAS, the annual reports of USAC, most recent being 2003, shows the total receipts of eligible Tompkins County applicants at less than $100,000, and
WHEREAS, our local applicants have found access via annual application with documentation difficult and time-consuming considering the small return, and
WHEREAS, our local healthcare network, including the Health Planning Council, and Cayuga Medical Center, were not aware of any such funding stream, and
WHEREAS, starting in January 2005, local telephone companies will be collecting New York State taxes on these "contributions", now therefore be it
RESOLVED, on recommendation of the Consumer and Community Affairs Committee, That an immediate effort be made by USAC to educate and alert all eligible potential applicants to the availability of the fund,
RESOLVED, further, That the imposition of New York State taxes be postponed indefinitely, or reversed entirely,
RESOLVED, further, That the application process be streamlined to allow the smallest applicants access and that funds be put back into the communities generating them.
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Chair's Report and Appointment(s)

 Mr. Joseph reported the Governor held a press conference today to announce his budget during which he proposed a cap on the local share of Medicaid.   Mr. Joseph said it is a cap on the growth on the local share and begins next year.  He said the proposal is that in 2006 the local share of Medicaid be capped at the 2005 level plus three and a half percent.  In 2007, it will be plus another three and a quarter percent and from then on three percent growth every year.   Mr. Joseph said that is not a cap on the local share; however, it is a cap on the growth of the local shares which has been larger than that in recent years.  The Governor also proposed n some Medicaid spending reductions to go along with that cap primarily increased taxes on nursing homes and hospitals.  Mr. Joseph said because Tompkins County does not own a nursing home or hospital it would result in a reduction in cost for Tompkins County.   Another part of the cuts that were proposed was elimination of mental health services under Family Health Plus.  According to the figures released Tompkins County would save a total of $1.1 million.  Mr. Joseph said he does not agree with those figures and doesn't think the cap is likely to happen since it is tied to Medicaid cuts.
 
 Mr. Joseph reminded the Legislature that on January 24 the Lobby Day on Medicaid will take place in Albany.
 

Chair's Appointment(s)

 Chair Joseph made the following appointment(s):

Tompkins County Area Development Board of Directors
Barbara Blanchard

Chamber of Commerce
Tim Joseph
Frank Proto, Alternate

Cornell Vet School Incinerator Project
Dooley Kiefer, Delegate
Beverly Livesay, Alternate

Ethics Advisory Board - Chair
Dooley Kiefer - Chair of the Board annually appoints Chair

Extension Service
Dan Winch
Kathy Luz Herrera (second seat is optional)

Local Advisory Board on Assessment Review
Caroline/Danby - Frank P. Proto
Newfield/Enfield - Daniel Winch
Groton - George Totman
Dryden - Michael Lane/Martha Robertson
Ithaca - Dooley Kiefer/Michael Koplinka-Loehr
Lansing - Thomas Todd/Dooley Kiefer
Ulysses - Peter Penniman
City of Ithaca - Barbara Blanchard/Kathy Luz Herrera

Report from the County Administrator

 Mr. Whicher reported on the Mental Health Commissioner search process and said he expects a recommendation will be made to the Legislature at the February 1 meeting.  He said interviews will begin in early February for the position of Highway Manager.   Mr. Whicher said he purchased a number of copies of "Measuring Up, Governing's Guide to Performance Measurement for Geniuses and Other Public Measures", and will place copies on file in the Legislature Office.

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

Report from the County Attorney

 Mr. Wood had no report.

Report from the Finance Director

 Mr. Squires distributed final sales tax figures for 2004, and said the budget will be exceeded by approximately $1.9 million.  He said receipts for 2004 totaled $25,869,000 and the budget figure for 2005 is $25,050,000.  He noted the during the last quarter there was a large shift of activity in the City of Ithaca; however, he is unsure why at this time.

Addition of Resolution(s) to the Agenda

 It was MOVED by Ms. Robertson, seconded by Mr. Penniman, to add the resolution to the agenda entitled Budget Adjustments - Various Departments.

Approval of Resolution(s) Under the Consent Agenda

 It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda.

RESOLUTION NO.  7 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION – NEWFIELD DEPOT ROAD BRIDGE (BIN 3314380) OVER CAYUGA INLET

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda.

WHEREAS, a Project to rehabilitate the Newfield Depot Road Bridge over the Cayuga Inlet, BIN 3314380, P.I.N. 3753.21, (the Project) in the Town of Newfield, is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non-Federal funds, and
WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and
WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, and
WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of one hundred percent of the non-Federal share of the costs of Scoping, Design (Phases I-VI) and Rights of Way Incidentals, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above-subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non-Federal share of the costs of Scoping, Design (Phases I-VI), and Rights of Way Incidental work for the subject Project or portions thereof,
RESOLVED, further, That the sum of $100,000.00 is hereby made available within account HZ5103.59239.53.09, Newfield Depot Capital Project Account, to cover the cost of participation in the above design phase of the Project,
RESOLVED, further, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof,
RESOLVED, further, That the Tompkins County Highway Manager be and hereby is authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first-instance funding of Project costs and permanent funding the local share of Federal-aid and State-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible,
RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project,
RESOLVED, further, That this resolution shall take effect immediately.
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RESOLUTION NO. 8 -   AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION – RINGWOOD ROAD BRIDGE (BIN 3314160) OVER CASCADILLA  CREEK

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda.

WHEREAS, a Project to replace the Ringwood Road Bridge over Cascadilla Creek, BIN 3314160, P.I.N. 3753.20, (the Project) in the Town of Dryden, is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non-Federal funds, and
WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and
WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, and
WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of one hundred percent of the non-Federal share of the costs of Scoping, Design (Phases I-VI) and Rights of Way Incidentals, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above-subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non-Federal share of the costs of Scoping, Design (Phases I-VI) and Rights of Way Incidental work for the subject Project or portions thereof,
RESOLVED, further, That the sum of $100,000.00 is hereby made available within account HZ5103.59239.53.11, Ringwood Capital Project Account, to cover the cost of participation in the above design phase of the Project,
RESOLVED, further, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof,
RESOLVED, further, That the Tompkins County Highway Manager be and hereby is authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first-instance funding of Project costs and permanent funding the local share of Federal-aid and State-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible,
RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project,
RESOLVED, further, That this resolution shall take effect immediately.
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RESOLUTION NO. 9  - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION - HANSHAW ROAD RECONSTRUCTION

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda.

WHEREAS, a Project to reconstruct Hanshaw Road in the Town of Ithaca between the Cayuga Heights village line and Sapsucker Woods Road, P.I.N. 3753.24, (the Project), is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty Federal funds and twenty percent non-Federal funds, and
WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and
WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, and
WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of one hundred percent of the non-Federal share of the costs of Scoping, Design (Phases I-VI) and Rights of Way Incidentals, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above-subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non-Federal share of the costs of Scoping, Design (Phases I-VI), and Rights of Way Incidental work for the subject Project or portions thereof,
RESOLVED, further, That the sum of $481,000.00 is hereby made available within account HZ5103.59239.53.10, Hanshaw Capital Project Account, to cover the cost of participation in the above design phase of the Project,
RESOLVED, further, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof,
RESOLVED, further, That the Tompkins County Highway Manager be and hereby is authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first-instance funding of Project costs and permanent funding the local share of Federal-aid and State-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible,
RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project,
RESOLVED, further, That this resolution shall take effect immediately.
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RESOLUTION NO. 10 - AWARD OF BID – MULTIPURPOSE EXCAVATOR - HIGHWAY DIVISION

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda.

WHEREAS,  the Department of Finance - Division of Purchasing has duly advertised for bids for the purchase of one (1) multipurpose excavator, and
WHEREAS, one (1) bid was received and publicly opened on January 11, 2005, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Vantage Equipment, LLC of Syracuse, NY, as the lowest responsible bidder with a bid price of $224,985 for a Used 2004 Gradall XL4100-II with less than 500 hours operating time, and an additional $6,000 for a two-year extended warranty for a total of $230,985,
RESOLVED, further, That the County Administrator is hereby authorized to execute a contract, funds being available in the Highway Division budget.
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Approval of Appointment(s) Under the Consent Agenda

 It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda:

Family Court Advisory Council
Joanne Conway Putrasz - Mental Health Clinic representative; term expires December 31, 2005
Louise Miller - At-large representative; term expires December 31, 2007

Fire, Disaster, and EMS Advisory Board
David H. Cornelius - At-large representative; term expires December 31, 2007

Library Board of Trustees
Henrik N Dullea - term expires December 31, 2007
Larry H. Shinagawa - term expires December 31, 2007
Traevena L. Byrd - term expires December 31, 2005

Youth Services Board
Peggy J. Hubbell - Town of Enfield representative; term expires December 31, 2007
Gale Smith - Town of Ithaca representative; term expires December 31, 2007

Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee

 Mr. Penniman, Chairman, asked Mr. Booth, 2004 Chair, to provide the Legislature with the Committee report this evening as he was not a member at the last meeting.

 Mr. Booth reported the Committee met and received two presentations.  The first was a discussion with Greg Potter, Director of Information Technology Services, on GIS (Geographic Information System) relative to a collaboration with the City and the County on GIS efforts and the second presentation was on the expanded Highway Division webpage.

 Legislators Todd and Totman were excused at 7:25 p.m.

RESOLUTION NO. 11 -  AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION  –  CODDINGTON ROAD (CR 119) RECONSTRUCTION

 MOVED by Mr. Penniman, seconded by Ms. Kiefer.  Ms. Robertson said she has nothing against these projects; however, people don't know the County gets 80 percent federal funding and in the past 15 percent was paid for by the State through the Marchiselli Funding.   She said over the last year the State has been warning that counties should not count on that funding any longer.  She stated the three projects being proposed this evening do not contain that funding and result in a loss of funding in the amount of $219,150.  Ms. Robertson said New York State agreed in the past to support local property tax efforts and that support is missing from these projects.  She stated she will not support any projects that do not include Marchiselli funding until there has at least been a concerted effort to take this issue to the State government.

 Mr. Proto asked if these projects were on the list of projects that were assured funding during the budget.  Mr. Booth said there have been some projects that are part of ongoing discussions with the Department of Transportation and that some projects continue to receive Marchiselli funding.  Mr. Booth said there is some hope money could be added this year but there is no guarantee.

 Mr. Proto asked Mr. Joseph to bring this matter to the attention of Tompkins County's State Legislators.

  A voice vote resulted as follows:  Ayes - 12, Noes - 1 (Legislator Robertson); Excused - 2 (Legislators Todd and Totman).  RESOLUTION ADOPTED.

WHEREAS, a Project to reconstruct Coddington Road (County Road 119) in the Town of Ithaca between the City of Ithaca and Town of Danby lines, P.I.N. 3753.24, (the Project), is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non-Federal funds, and
WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and
WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, and
WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of  one hundred percent of the non-Federal share of the costs of Scoping, Design (Phases I-VI) and Rights of Way incidentals, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above-subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non-Federal share of the costs of Scoping, Design (Phases I-VI), and Rights of Way incidental work for the subject Project or portions thereof,
RESOLVED, further, That the sum of $908,000.00 is hereby made available within account HZ5103.59239.53.08, Coddington Capital Project Account, to cover the cost of participation in the above design phase of the Project,
RESOLVED, further, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof,
RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first-instance funding of Project costs and permanent funding the local share of Federal-aid and State-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible,
RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project,
RESOLVED, further, That this resolution shall take effect immediately.
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RESOLUTION NO. 12 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION – WARREN ROAD RECONSTRUCTION

 MOVED by Mr. Penniman, seconded by Ms. Kiefer.  A voice vote resulted as follows:  Ayes - 12, Noes - 1 (Legislator Robertson); Excused - 2 (Legislators Todd and Totman).  RESOLUTION ADOPTED.

WHEREAS, a Project to reconstruct Warren Road in the Village and Town of Lansing between NYS Route 13 and Asbury Road, P.I.N. 3753.73, (the Project), is eligible for funding under Title 23 United States. Code, as amended that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non-Federal funds, and
WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and
WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, and
WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of  one hundred percent of the non-Federal share of the costs of Scoping, Design (Phases I-VI) and Rights of Way Incidentals, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above-subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non-Federal share of the costs of Scoping, Design (Phases I-VI), and Rights of Way Incidental work for the subject Project or portions thereof,
RESOLVED, further, That the sum of $744,000.00 is hereby made available within account HZ5103.59239.53.12, Warren Capital Project Account, to cover the cost of participation in the above design phase of the Project,
RESOLVED, further, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof,
RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first-instance funding of Project costs and permanent funding the local share of Federal-aid and State-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible,
RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project,
RESOLVED, further, That this resolution shall take effect immediately
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RESOLUTION NO. 13 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TtRANSPORATTION –  STATION ROAD (CR 188) CULVERT REPLACEMENT

 MOVED by Mr. Penniman, seconded by Ms. Kiefer.  A voice vote resulted as follows:  Ayes - 12, Noes - 1 (Legislator Robertson); Excused - 2 (Legislators Todd and Totman).  RESOLUTION ADOPTED.

WHEREAS, a Project to replace a large diameter culvert carrying Cayuga Inlet under Station Road in the Town of Danby, P.I.N. 3753.86, (the Project), is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non-Federal funds, and
WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and
WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, and
WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of  one hundred percent of the non-Federal share of the costs of Scoping, Design (Phases I-VI), and Rights of Way Incidentals, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above-subject project and authorizes the County of Tompkins to pay in the first instance one hundred  percent of the Federal and non-Federal share of the costs of Scoping, Design (Phases I-VI), and ROW Incidental work for the subject Project or portions thereof,
RESOLVED, further, That the sum of $50,000.00 is hereby made available within account HZ5103.59239.53.13, Station Road Capital Project Account, to cover the cost of participation in the above design phase of the Project,
RESOLVED, further, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof,
RESOLVED, further, That the Tompkins County Highway Manager be and hereby is authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first-instance funding of Project costs and permanent funding the local share of Federal-aid and State-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible,
RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project,
RESOLVED, further, That this resolution shall take effect immediately.
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Report from the Space Needs and Location Committee

 Mr. Proto, Chairman, reported the Committee met earlier this month and discussed with the consultant, the status of the space needs for the Health Department and Department of Motor Vehicles.  The next meet will be January 26th.

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

 Ms. Robertson, Chair, reported the Committee met on January 13th.  The next meeting will be February 2nd.  She called attention to a list of all departments the Committee oversees and goals for 2005 that was placed in red folders this evening.  She asked Committee members to review this list and return comments and questions by the end of the week.

RESOLUTION NO. 14 - BUDGET ADJUSTMENT – VARIOUS DEPARTMENTS

  MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present.

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

Office for the Aging
Revenue Acct           Title             Amt   Approp Acct    Title(s) ___________
6777.44772 Federal Revenue     $ 4,515 6777.51000571     Salary
6777.44772 Federal Revenue     $ 1,760 6777.58800     Fringes
6777.44772 Federal Revenue       $    225 6777.54414     Local Mileage

Explanation:  Adjustment needed to cover Aging Services Planner's salary, fringes, and mileage for Performance Outcomes Measures Project (POMP), freeing up County monies.
 
Health Department
Revenue Acct           Title             Amt   Approp Acct     Title(s) ___________
4016.41610 Home Nursing Charges $25,438  4016.51580     Salary
4016.41610 Home Nursing Charges  $14,800  4016.58800     Fringes
4016.41610 Home Nursing Charges $  1,825  4016.52206     Hardware
4016.41610 Home Nursing Charges $  2,375  4016.54442     Professional Service Fee
4095.43401 Public Health Work $12,509  4016.51580     Salary

Explanation:  The Home Care Program continues to see a surge in referrals past our capacity.  In 2004 we declined service to over 20 clients due to lack of adequate staffing.  This budget adjustment reflects the additional revenues to be realized based on approval to hire an additional nurse.
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Report from the Planning, Development and Environmental Quality Committee

 Ms. Herrera, Chair, reported the Committee will meet on February 2nd.

Report from the Budget and Capital Committee

 Mr. Koplinka-Loehr, Chair, reported the Committee met briefly prior to this meeting.  The next meeting will be January 25th.  He announced the next Strategic Planning session will be held on January 21st.

Report from the Government Operations Committee

 Mr. Lane, Chair, reported the Committee asked Legislators to complete the assessment questionnaire regarding the County Administrator's performance evaluation and return to the Clerk of the Legislature.   Ms. Kiefer asked if Mr. Lane has received any feedback on the Code of Ethics.  Mr. Lane said he has not yet received any feedback.

Report from the Public Safety Committee

 Mrs. McBean-Clairborne, Chair, said she is happy that she will be chairing the Committee in 2005 and thanked Ms. Blanchard for her leadership chairing the committee last year.   She reported the Committee met on January 6 and again this afternoon.  At the meeting on January 6 the Committee spoke with the County Attorney who provided the Committee with an overview of the Commission of Corrections role, responsibilities, powers, and duties.  Mrs. McBean-Clairborne said all Legislators should have received a letter from the Sheriff in which he outlined the number of people that can be housed in the Jail.  She noted the actual capacity is somewhere between 58 and 71 on a regular basis; however, for the sake of maintaining proper classification, the capacity is likely between 61 and 65 inmates.

 Donald Barber, Town of Caroline Supervisor, attended the meeting and spoke of concerns municipalities have relative to police coverage in the rural areas of the County.  That issue was referred to the Intermunicipal Group which will meet on January 30.

 Mrs. McBean-Clairborne announced the Offender Aid and Restoration annual meeting will take place on April 4th at 5:30.  Attending that meeting will be Judge Judy Harris Kruger from New York City, who will be speaking about the Integrated Domestic Violence Court.

 Mrs. McBean-Clairborne said the Committee requested and received a copy of the alternative-to-incarceration programs.  Mr. Joseph asked that this be provided to all Legislators.

 Mr. Proto said a resolution he presented last month asking for a study of alternative-to-incarceration programs was referred by this Legislature and asked when the Public Safety Committee would be discussing it.  Mrs. McBean-Clairborne said she would look at that resolution; she noted the Committee is also looking at an evaluation of all alternative-to-incarceration programs.

Report from the Consumer and Community Affairs Committee

 Ms. Kiefer, Chair, thanked Mr. Joseph for allowing the Committee to meet in January to complete its work for 2004.

Approval of Minutes

 It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the minutes of December 21, 2004 and January 4, 2005 as corrected.  MINUTES APPROVED.
 

Recess

 Mr. Joseph declared recess from 7:50 to 8:00 p.m.

Executive Session

 It was MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne and unanimously adopted by voice vote by members present, to enter into executive session at 8:00 p.m. to discuss  contract negotiations.  The meeting returned to open session at 9:00 p.m.

Adjournment

 On motion the meeting adjourned at 9:00 p.m.
 

Respectfully submitted by Michelle Pottorff, TC Legislature Office
 


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