Tompkins County Legislature
Regular Meeting
February 20, 2007
Call to Order
Mr.
Joseph called the meeting to order at 5:30 p.m.
Pledge of Allegiance to the Flag and Roll Call of
Members
Members
and guests participated in the Pledge of Allegiance to the Flag.
Present: 14 Legislators. Excused: 1 (Legislator Herrera).
Presentation of Keepers of the Newfield Covered Bridge
Mr.
Stevenson, District No. 8 Legislator, spoke of the historic Newfield Covered
Bridge that was completed in 1853.
At one point in the 1960’s the Bridge was targeted for demolition;
however, Grant and Marie Musser saved the Covered Bridge and it went on to be
listed in the Register of National Historic places. Mr. Stevenson said the Bridge attracts a lot of
attention and the appointment of Keepers of the Newfield Covered Bridge, in
order to make sure this local treasure stays with us and stays viable, is
important this community. He said
the Newfield Historical Society has agreed to accept the appointment for
another four-year term.
It
was MOVED by Mr. Stevenson, seconded by Mrs. McBean-Clairborne, and unanimously
adopted by voice vote by members present, to reappoint the Newfield Historical
Society as Keepers of the Newfield Covered Bridge for the years 2007-2010. APPOINTMENT
CARRIED.
Privilege of the Floor by the Public
Bob
Messinger, representative of Congressman Arcuri, stated the Congressman has
opened some offices in his District.
The main office will be in Utica at the Federal Building, which was used
previously by Congressman Boehlert; offices are also located in Cortland and
Auburn. Mr. Messinger said he
works out of the Cortland Office and Tompkins County is included in the area he
covers. He said Congressman Arcuri
is committed to addressing constituent concerns and hopes Legislators or
constituents will feel free to contact him with any problems they are having
with the federal government. Mr.
Messinger said he will serve as the “eyes and ears” in this district for the
Congressman and asked members of the Tompkins County Legislature to let him
know what their concerns and thoughts are. At this time Mr. Messinger provided information on how
he and Congressman Arcuri can be contacted.
Jay
Franklin, Assistant Assessment Director, announced the date of March 1st
is the deadline for applying for real property tax exemption. There are currently several senior
citizen and agriculture and farmland exemption applications that are
outstanding. The Department of Assessment
used an internet company to send out approximately 1,000 prerecorded phone
message reminding seniors and agricultural land owners to file their exemption
applications by March. Mr.
Franklin said they felt this was the most effective and cost-efficient way to
reach a large number of property owners at once. He also said the
Assessment Department is willing to make home visits to these individuals to
assist in completing the application. At the request of Mr. Proto, Mr. Franklin will provide
all Legislators with a list of property owners who have not filed for an
exemption in an additional attempt to make contact with those residents.
RESOLUTION
NO. 15 - IN RECOGNITION OF THE TOMPKINS COUNTY HEALTH DEPARTMENT CERTIFIED
HOME HEALTH AGENCY – TOMPKINS COUNTY HOME HEALTH CARE
MOVED by Mr. Shinagawa, unanimously seconded and
adopted by voice vote by members present.
Alice Cole, Public Health Director, introduced
members of the Health Department staff:
Sigrid Connors, Director of Patient Services; Kathy Taves, Team Leader;
and Deb Thomas, Team Leader. Ms.
Cole said she is proud of the dedication and professionalism exhibited by the
Home Care staff in receiving their second consecutive deficiency-free survey
from the New York State Department of Health. She said having one deficiency-free survey is noteworthy,
but achieving a second one is monumental.
She also said the State has never before awarded a home health agency
two consecutive deficiency-free reviews.
Ms. Conner said last year the Home Health Program
served over 500 patients; the youngest was two and the oldest was 97.
WHEREAS,
the Tompkins County Health Department Certified Home Health Agency (Tompkins
County Home Health Care) has recently completed the recertification process
with the New York State Department of Health, and
WHEREAS,
the recertification process involved five days of on-site work, 15 intensive
chart reviews, five home visits with staff, ten personnel-chart reviews, and
policy and contract reviews, and
WHEREAS,
the agency has earned the state’s highest level of approval on their
recertification survey for the second consecutive time and has been found to be
in substantial compliance with all State and Federal Statutes, Rules, and
Regulations that govern the agency, and
WHEREAS,
in a recent Medicare quality-outcomes survey by IPRO, the agency received the
highest rating of good in the acute-care hospitalization initiative, and
WHEREAS, the agency had a 94 percent satisfaction rate based on satisfaction surveys of clients in 2006, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee,
That the Tompkins County Legislature commends the Tompkins County Health
Department Certified Home Health Agency for their tremendous efforts in
providing quality home care to the residents of Tompkins County.
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Privilege of the Floor by Legislators
Ms. Mackesey, District No. 1 Legislator, reported on a
workshop she attended at the recent New York State Association of Counties
Conference. The subject of the
workshop was the Early Intervention Program. She said it was an interesting discussion and it was clear
that it’s a problem across the State.
A committee had been established that included representation from the
State Education Department, service providers, and health departments to try to
come up with a way to deal with the increased cost. This group came up with a plan to have a review conducted
every three years with rates remaining the same during the three-year
period. This proposal was sent to
then-Governor Pataki and was vetoed. Ms. Mackesey said this sends a discouraging message to
counties and makes it apparent that counties are suffering from a lack of
oversight at the State level.
Jim
Dennis, District N. 15 Legislator, reminded the Legislature and public that the
budget forums will be held in Dryden on March 3; Enfield on March 10; and at
the Human Services Building on March 24. Mr. Dennis also spoke of the recent State Comptroller
appointment and said he is disappointed and concerned by the selection.
Ms.
Kiefer, District No. 10 Legislator, responded toy comments made by Mr. Dennis
with regard to the State Comptroller appointment and said she didn’t share his
concern. Ms. Kiefer also
spoke of a recent New York Times column regarding single-payer health
plans. The article demonstrated
how much money is wasted on the current system. She said there is a consultant, McKinsey & Co., who
recently released results of a financial analysis on our current health care
system. The figures show this
country spends $98 billion on excess administrative costs, which includes
advertising and “demand management”, and $66 billion on excess drug and
medical-device costs. In contrast,
the costs of providing full medical care to the uninsured is estimated at $77
billion, which could be more than covered by moving to a single-payer system in
which the government is the insurer and medical services are still provided by
the private sector.
Ms.
Robertson, District No. 13 Legislator, announced WEOS, Ithaca Community Radio,
will be part of a national broadcast tonight for the Homelessness
Marathon. This began ten years ago
and will feature discussions with people on all homeless issues. She said this is a national issue as
well as an issue locally. In 2006,
there were more than 44 people every night being sheltered in a homeless
shelter in Tompkins County.
Mr.
Proto, District No. 7 Legislator, reported the Ithaca City School District $100
million bond vote is approaching in March. He said this will be a very expensive undertaking and urged
the public to pay attention and stay informed. Mr. Proto also mentioned this last Saturday Congressman
Arcuri had a session on alternative energy, and while he admires his zeal in
addressing this, he was disappointed in the panel he chose for this meeting as
it included no members from this Legislature, the Environmental Management
Council, or the Agricultural and Farmland Protection Board. He also stressed that this is not
a political issue; it is a very important issue that impacts everyone.
Mr. Proto also spoke of the Universal Service Fund and
said Governor Spitzer has taken this issue on, including how those funds are
being appropriated.
Lastly, Mr. Proto reported on hybrid vehicles and a
concern that has arisen relating to emergency- services personnel responding to
accidents involving those vehicles.
The concern he raised deals with inconsistent wiring in hybrid vehicles
and the amount of power in the main battery. In the event there is an accident the appropriate actions
must be taken by emergency responders to power the battery down prior to
attempting to extract a victim from the vehicle to prevent injury to responders
or the victim. Mr. Proto said
local fire companies are primarily manned by volunteers and may not be educated
in how to deal with these situations.
He asked Mr. Whicher to consider speaking with Mr. Shurtleff, Director
of Emergency Response, to take up the issue of addressing with emergency
services personnel from across the County.
Ms. Robertson said she is pleased to hear Mr. Proto’s
supportive comments on alternative energy. She attended the Congressman’s panel
on alternative energy and found it to be very informative. She said the Planning, Economic
Development, and Environmental Quality Committee will be discussing this issue
and has included it as a major goal for 2007.
Mr. Booth, District No. 3 Legislator, urged people to
recognize the greatest incentive to reduce usage of fossil fuels in the United
States would be to increase the cost of those fuels. He said other countries have been able to effect more
changes in the usage of fossil fuels because they have raised prices through
their tax polices. Mr. Booth also
expressed concern that the selection of State Comptroller shows the
continuation of due to narrow partisan-based leadership in both
houses of the state legislature and by both Democrats and Republicans. He said that for years narrow
partisanship in both houses of the State Legislature has counted far more than
the interests of the people of the State of New York. He is also dismayed that all of our local State legislators
fell into supporting this continued type of leadership.
Report and Appointment(s) from the Chair
Mr.
Joseph had no report or appointments.
Report from the County Administrator
Mr.
Whicher distributed weather maps and explained the process he followed during
the recent snow storm. While
he acknowledged that cost had no role in Mr. Whicher’s decision to keep the
County open, Mr. Booth asked that Mr. Whicher provide the Budget and Capital
Committee with the costs of keeping the County open versus closing.
Report from the County Attorney
Mr.
Wood reported as a follow-up to the meeting this Legislature had with Ansbro
with regard to oil and gas drilling. He spoke of the proposed Lansing project and stated
the project involves 500 acres in an area north of the Airport. He said a successful find generally
makes an area more attractive to future drillers.
Report from the Finance Director
Mr. Squires reported bids will be received on February
22nd on $5.6 million in bonds and $1.8 million in notes. Mr. Squires said the County’s finances
were narrowing at the end of 2006 and that while the County’s bond rating has
been sustained at AAII, generally a negative outlook means the financial
position will decline; this prediction was right as there was a modest decline
in 2006. He said the County could
be exposed to a downgrade of its rating at the end of 2007 if this
continues. He noted; however, that
there are only two counties in New York State, Westchester and Orange, with a
higher rating. A copy of the
official financing statement was placed on file with the Clerk of the
Legislature.
Addition of Resolution(s) to the Agenda
There
were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the Agenda
Chair
Joseph gave the appropriate committee chair permission to withdraw the
resolution from the agenda entitled Authorizing 2007 Federal Section 5307 Grant
– Tompkins Consolidated Area Transit, Inc. (TCAT).
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda:
MOVED
by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, pursuant to
Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require
Legislative approval, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and the Planning, Development, and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustments on his books:
Revenue Acct Title Amt
Approp
Acct Title(s)
Revenue Acct Title Amt
Approp
Acct
Title(s) 4010.44959 Federal Aid $7,927 4010.54442 Professional
Revenue Acct Title Amt
Approp
Acct Title(s)
CD8688.44959 Federal Aid $
44,364 CD8688.54400 Program Expense
CD8688.42411 CD
Program Income $150,000 CD8688.54400 Program Expense
Explanation.
HO7 State Grant Funds remaining; HO State Program Income Funds; HO HUD
Program Income Funds.
SEQR ACTION:
TYPE II-20
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RESOLUTION NO. 17 - AUTHORIZING SUBMITTAL
OF 2007 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO
CONTINUE THE TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM (VIII)
MOVED
by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS,
Tompkins County has completed a process of investigation in its community to
determine community-development needs for the current year, and
WHEREAS,
the Small Cities Community Development Block Grant (CDBG) program is an
important source of funding to address community-development objectives in the
County, and
WHEREAS,
the Tompkins County Homeownership Program has been funded through seven
separate CDBG grants since 1993, and has proven to be very successful in
meeting an important community-development need in the County, now therefore be
it
RESOLVED,
on recommendation of the Planning, Development, and Environmental Quality
Committee, That Tompkins County is hereby authorized to apply for funding in
the 2007 round of Small Cities CDBG funding for the Tompkins County
Homeownership Program (VIII),
RESOLVED,
further, That the County Administrator or his designee be authorized to sign
all documents related to the submission of the Small Cities CDBG application
and any materials required by the Governor’s Office for Small Cities.
SEQR ACTION: TYPE II-20
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RESOLUTION NO. 18 - AMENDING THE TOMPKINS COUNTY
HOMEOWNERSHIP PROGRAM TO INCREASE THE ELIGIBLE PURCHASE PRICE FOR HOMES
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS,
the Tompkins County Homeownership Program has provided down-payment assistance
to 248 low- and moderate-income households to help purchase safe, decent
housing since 1993, and
WHEREAS,
the number of listings on the market at prices that households with limited
incomes can afford to purchase has decreased dramatically as housing prices
have increased over the past several years, and
WHEREAS,
increasing the eligible purchase price for homes from the current limit of
$125,000 to $150,000 would make more homes available to households eligible for
assistance from the Homeownership Program, and
WHEREAS,
the Homeownership Oversight Committee recommended the proposed program
modifications, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County is hereby amending the Tompkins County Homeownership Program guidelines to allow participants to purchase housing at a purchase price not to exceed $150,000.
SEQR ACTION: TYPE II-20
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RESOLUTION NO. 19 - SCHEDULING A PUBLIC HEARING FOR ADDITIONS TO AGRICULTURAL DISTRICT NO. 1 (EAST SIDE OF CAYUGA LAKE)
MOVED
by Mr. Booth, seconded by Mr. Proto,
and unanimously adopted by voice vote by members present under the Consent
Agenda.
WHEREAS,
Resolution No. 25 of 2004 designated November as an annual review period when
landowner proposals for inclusion of viable agricultural lands within existing
certified agricultural districts will be accepted for review and action by the
Tompkins County Legislature, and
WHEREAS,
three^three landowners have requested addition of parcels totaling ^139.7192.55 acres to Tompkins County Agricultural
District 1 and no landowners have requested addition of parcels to Tompkins
County Agricultural District 2, and
WHEREAS,
the County Legislature is required to hold a public hearing and act on such
proposals within 120 days under New York State Agriculture District Law, now
therefore be it
RESOLVED,
on recommendation of the Planning, Development, and Environmental Quality
Committee, That the public hearing on additions to the Agriculture Districts of
Tompkins County be held at the County Legislature meeting scheduled for March
20, 2007,
RESOLVED,
further, That the Clerk of the County Legislature is authorized to place proper
notice, including tax parcel numbers and street addresses, of this public
hearing in the official newspaper of the County.
______________________
_______________________
RESOLUTION NO. 21 –
AUTHORIZATION TO ACCEPT A GRANT FROM THE NEW YORK STATE HOMELAND SECURITY –
SHERIFF’S OFFICE
MOVED
by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS,
the Tompkins County Sheriff’s Office has been notified of a grant award from
the New York State Office of Homeland Security’s Grant Program in the amount of
$29,500, and
WHEREAS,
the New York State Office of Homeland Security grant represents a project for a
providing interoperable communications equipment (800 MGHZ) for the County’s
incident-command bus, now therefore be it
RESOLVED,
on recommendation of the Public Safety Committee, That the County Administrator
or his designee be authorized to execute all contracts related to this award
for the period of July 1, 2006, through June 30, 2008,
RESOLVED,
further, That the Director of Finance is authorized and directed to make the
following budget adjustment:
REVENUE: 3113.43089
Other
State Aid $
29,500
APPROPRIATION: 3113.52222 Communications
Equip. 29,500
SEQR ACTION: TYPE II-20
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RESOLUTION
NO. 22 - AUTHORIZING CHANGES IN CHARGE STRUCTURE - TOMPKINS COUNTY HOME HEALTH
CARE - HEALTH DEPARTMENT
MOVED by Mr. Booth, seconded
by Mr. Proto, and unanimously adopted
by voice vote by members present under the Consent Agenda.
WHEREAS,
Tompkins County’s accounting consultant, Michael McCarthy, CPA, of McCarthy
& Conlon, LLP, has recommended changes in the Certified Home Health Agency
fee structure to maximize Medicaid and Medicare revenues, and
WHEREAS, New York State currently promulgates rates
on the day the County Legislature approves them and it is therefore, desirable
for Tompkins County to adopt the 2007 rates in February 2007 for implementation
on March 1, 2007, and
WHEREAS,
all changes proposed were made to align charges with actual costs per unit of
service as determined during Mr. McCarthy’s most recent review of our financial
and statistical data, now therefore be it
RESOLVED,
on recommendation of the Health and Human Services and the Budget and Capital
Committees, That the Tompkins County Health Department implement the charge
structure below, as recommended by Michael McCarthy, CPA, in order to maximize
Medicaid, Medicare, and other third-party revenues:
2003 2004/2005 2006 2007
High Tech Nursing $135.00 $165.00 $185.00 $190.00
Physical Therapy $105.00 $105.00 $110.00 $112.00
Speech Therapy $105.00 $105.00 $105.00 $105.00
Occupational Therapy $105.00 $105.00 $105.00 $105.00
Medical Social Work $105.00 $105.00 $105.00 $105.00
Home Health Aide $ 41.00/hour $
45.00/hour $ 45.00/hour $
45.00/hour $ 75.00/visit $
90.00/visit $ 90.00/visit $
90.00/visit
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* * * * * * * * * *
RESOLUTION NO. 23 - AUTHORIZING CHANGES IN
FEE STRUCTURE - TOMPKINS
COUNTY MENTAL HEALTH CLINIC
MOVED by Mr. Booth, seconded
by Mr. Proto, and unanimously adopted
by voice vote by members present under the Consent Agenda.
WHEREAS,
the Tompkins County Community Mental Health Services Board at its January 22,
2007, meeting has, after careful review, approved the change of fee structure
for the Tompkins County Mental Health Clinic as indicated herein, and
WHEREAS,
the Tompkins County Mental Health Clinic has not changed its fees and sliding
scale since June of 1997, and
WHEREAS,
the fee for Full Individual Clinic Visits, Full Medication Management visits,
and Collateral Visits (all a minimum of thirty minutes) have been $90.00 since
1997 and all other services as listed below have been $45.00 since that time,
and
WHEREAS,
the Tompkins County Community Mental Health Services Board has approved a
resolution on January 22, 2007, that the Clinic Fee structure and sliding scale
be reviewed no less than every three years, and
WHEREAS, Tompkins County
ensures that all County residents have access to mental health services,
without regard to ability to pay, through the use of sliding scales based on
income and fee adjustments based on income combined with household expenses,
and
WHEREAS,
an analysis of all 1,279 current patients of the Tompkins County Mental Health
Clinic indicates that only two individual’s sliding-scale fee would increase as
a result of this change, and that these two individuals could be offered fee
adjustments of their rates to current levels based upon their overall financial
circumstances, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the Tompkins County Mental Health Department implement the fee structure below for Clinic Services, in order to maximize Third-Party Insurance revenues:
|
Service Type |
Current Fee |
Fee |
|
Full Individual Clinic Visit |
$90.00 |
$120.00 |
|
Full Medication Management Visit |
$90.00 |
$120.00 |
|
Brief Individual Clinic Visit |
$45.00 |
$60.00 |
|
Brief Medication Management Visit |
$45.00 |
$60.00 |
|
Group Therapy Visit |
$45.00 |
$60.00 |
|
Collateral Visit |
$90.00 |
$120.00 |
RESOLVED, further, That the
accompanying sliding-scale rate sheet will be implemented immediately upon
approval of this resolution by the full Legislature.
SEQR ACTON: TYPE
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RESOLUTION NO. 24 - AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE TOWN OF GROTON AND THE VILLAGE OF GROTON – SPRING STREET BRIDGE RECONSTRUCTION AND FUTURE MAINTENANCE (BIN 3210340)
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members
present under the Consent Agenda.
WHEREAS, Tompkins County and the Town and Village of
Groton cooperatively maintain a bridge on Spring Street (BIN 3210340) over
Owasco Inlet in accordance with Resolution Nos. 43 of 1946 and 259 of 1998, and
WHEREAS, in response to deterioration of the Bridge,
the County is preparing plans and specifications, and will receive bids to
build a replacement structure in 2007, now therefore be it
RESOLVED,
on recommendation of the Facilities and Infrastructure Committee, That the
County Administrator be and hereby is authorized to execute an Agreement with
the Town of Groton and the Village of Groton to fund replacement and to specify
responsibilities for continued cooperative maintenance of the bridge.
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TYPE II- 2
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RESOLUTION NO. 25 – AUTHORIZING RENEWAL OF AGREEMENT WITH NATIONWIDE
RETIREMENT SOLUTIONS, NATIONWIDE FINANCIAL SERVICES, INC., AND NATIONWIDE TRUST
COMPANY FOR CONTINUATION OF TOMPKINS COUNTY’S DEFERRED COMPENSATION PLAN
MOVED
by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS,
the Tompkins County Deferred Compensation Plan has been provided administrative
services by Nationwide Retirement Solutions, with Nationwide Financial
Services, Inc., serving as financial organization and Nationwide Trust Company
serving as trustee, and
WHEREAS,
agreements between Tompkins County and such entities to provide such services
expired on June 19, 2006, and
WHEREAS,
Tompkins County has chosen to extend such agreements for a one (1)-year period
to expire June 19, 2007, now therefore be it
RESOLVED,
on recommendation of the Personnel Committee, That the Chairman of the County
Legislature, upon approval of the contract by the County Attorney, is
authorized to execute the contract extension for the above-referenced
agreements with Nationwide Retirement Solutions, Nationwide Financial Services,
Inc., and Nationwide Trust Company for one (1) year, ending on June 19, 2007.
SEQR ACTION: TYPE II-20
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It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:
Martha
Robertson – Planning Committee representative; term expires December 31, 2009
Regional
Forest Practice Board
Duane
T. Randall - Legislator; term expires December 31, 2007
Frank Proto – Legislator; term expires December 31,
2007
Martha Robertson – Chair of the Planning Committee;
no set term
James Dennis – County Legislator; term expires
December 31, 2007
James
C. MacMillan – Physician; term expires December 31, 2012
Maureen
Kelly – City of Ithaca representative; term expires December 31, 2009
Kit Kephart – County staff representative; term
expires December 31, 2008
Catherine K. Paddock – term expires December 31,
2009
Josephine Carcich – term expires December 31 2009
Antonia F. Murdogh – term expires December 31, 2009
Michael J. Lakin – term expires December 31, 2010
Janette
Lynch – Community Member representative; term expires December 31, 2010
Ms. Robertson, Chair, reported the Committee met on
February 12th.
Members of the Budget and Capital Committee joined the Committee to
discuss the Strategic Tourism Program and the Room Tax grant program. An interesting history and
overview were provided; any Legislator interested in receiving a copy of this
information should let her know.
There was discussion about possibly revising how the funds are
distributed; she noted any change would have to go through the local-law
process. She reported
other subjects discussed included indicators of success for 2006 from the
Planning Department and action steps for the County’s Comprehensive Plan and
these will continue to be discussed at the next meeting. The Committee reviewed and
approved the Planning Department’s 2007 Work Plan. She called attention to the Committee’s approval to amend
the County’s Homeownership Program by increasing the eligible purchase
price. She noted this will not
reduce the number of households that will be helped and said the $30,000 cap
will remain in place. The
Committee also discussed the draft housing strategy prepared by the Planning
Department. This will go to the
Tompkins County Council of Governments this week for discussion.
MOVED by Ms. Robertson, seconded by Mr. Dennis.
Ms. Kiefer said she will vote against this resolution
because of the process by which the positions are being filled or continued as
she does not consider it to have been a very open process. Mr. Booth said he will oppose
this resolution because he thinks the membership of this board should include a
representative of the business community, that is someone who has actually
worked in business. Ms. Mackesey
will vote against this for both of the reasons expressed by Ms. Kiefer and Mr.
Booth. Mr. Hattery
agreed with Mr. Booth and said the IDA (Industrial Development Agency)
Governance Committee will be taking up the issue of the composition of the
IDA. Mrs. McBean-Calirborne said
she will support this resolution because there appears to be a movement being
undertaken to look at the process.
Mr. Joseph clarified that the IDA will be looking at its own bylaws.
A voice vote resulted as follows: Ayes – 9; Noes – 5 (Legislators Booth,
Kiefer, Mackesey, Proto, and Sigler); Excused – 1 (Legislator Herrera). RESOLUTION ADOPTED.
WHEREAS,
Section 856 of the General Municipal Law authorized that the Tompkins County
Legislature designate the members of Industrial Development Agency by
resolution, now therefore be it
RESOLVED,
on recommendation of the Planning, Development, and Environmental Quality
Committee, That the following members be appointed to the Industrial
Development Agency to serve at the pleasure of the Legislature, effective
immediately:
Kathy
Luz Herrera - Member, Tompkins County Legislature (City representative)
Tim
Joseph - Member, Tompkins County Legislature (Rural representative)
Mike
Hattery - Member, Tompkins County Legislature (Rural representative)
Martha
Robertson - Member, Tompkins County Legislature (Rural representative)
Jeff
Furman - At-large member
Dan
Cogan - At-large member
Jean
McPheeters - Tompkins County Area Development Board of Directors representative
RESOLVED,
further, That Tim Joseph serve as the Chair of the Industrial Development
Agency,
RESOLVED,
further, That the Clerk of the Legislature is authorized and directed to file with
the Secretary of State a Certificate of Appointment.
SEQR
ACTION: TYPE
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It
was MOVED by Ms. Robertson, seconded by Mr. Shinagawa, to approve the following
appointment:
William J. R. Clairborne – zone resident; term
expires Decemer 31, 2008
Ms.
Kiefer asked that this appointment be removed from the Consent Agenda because
of the way in which the Zone Resident membership was solicited and chosen, and
stated she does not believe it was a fair or open process. Ms. Robertson said she asked a number
of people for suggestions of individuals who would be interested. As with many
County advisory board appointments, a long and hard search can be performed
with little results. She stated
the County is fortunate to get individuals who do volunteer.
Mrs. McBean-Clairborne disclosed that she is the
spouse of William J.R. Clairborne.
A voice vote resulted as follows: Ayes – 12, Noes – 2 (Legislators Kiefer
and Mackesey); Excused – 1 (Legislator Herrera). APPOINTMENT CARRIED.
Mr. Stevenson, Chair, reported the Committee will meet
tomorrow at 3:30 p.m.
Mr. Koplinka-Loehr, Chair, reported the Committee met
on February 12th. At
that meeting the Committee discussed goals for 2007 and also the Rollover
Policy. The Committee
requested additional information, including a breakdown by department on the
source and usage of Rollover funds for the last five years. The Committee also asked that Mr.
Whicher and Mr. Squires provide a recommendation to the Committee on this
policy at the next meeting.
Mr. Koplinka-Loehr reminded Legislators that the Legislature Retreat
will be held April 26th at 6:30 p.m. The next meeting will be February 26th.
Mr. Joseph commented that he does not believe the
Fiscal Policy relating to Rollover Funds should be reviewed every year.
MOVED
by Mr. Koplinka-Loehr, seconded by Mr. Booth.
Mr. Joseph said he will not support a resolution that
approves a wage increase that doesn’t provide a livable wage as stated in the
County’s policy. Mr. Whicher
said the individuals employed as court attendants tend to be retired people who
use these funds to supplement to their income. While they are on the County’s payroll this is just a “pass
through”; the County pays the cost and is reimbursed by the State.
Mr.
Joseph said he will vote no on this and hopes a change is made to the way this
is structured. There was a concern raised by Ms. Mackesey that while there is a
philosophical agreement with Mr. Joseph, there are also concerns shared by members
of this Legislature that if this resolution does not pass, that these
individuals will receive no increase in pay.
A voice vote resulted as follows: Ayes – 13, Noes – 1 (Legislator
Joseph), Excused – 1 (Legislator Herrera). RESOLUTION ADOPTED.
WHEREAS, the New York State Unified Court System and the Office of Supreme and County Court Clerks have authorized an increase in the base hourly rate for Court Attendants, and
WHEREAS,
it is recommended that regular Court Attendants be reimbursed at the rate of
$7.65 per hour and where extra responsibilities are warranted such as
assignment to magnetometer support, Family Court calendars, and courtroom
coordination duties, Court Attendants are authorized to receive $8.65 per hour,
and
WHEREAS,
a minimum of one hour’s pay will be paid to any Court Attendant reporting for
duty and time-and-one half rates will be paid for over forty hours per week,
and
WHEREAS,
New York State sets the rates for court attendants and pays in full for those
court attendants with the County simply serving as a fiscal agent for those
wages, now therefore be it
RESOLVED,
on recommendation of the Budget and Capital Committee, That the Tompkins County
Legislature authorizes changing the Court Attendants base hourly rate retroactive
to January 1, 2007, from $7.40 to
$7.65 and from $8.40 to $8.65 for extra responsibilities.
SEQR ACTION: TYPE II-20
____________________
Mrs. McBean-Clairborne, Chair, reported the Committee has not met since the last Legislature meeting.
RESOLUTION
NO. 28 – AUTHORIZATION TO PAY FOR
ASSIGNED COUNSEL TRAINING AND APPROPRIATION FROM CONTINGENT FUND – ASSIGNED
COUNSEL
MOVED
by Mrs. McBean-Clairborne, seconded by Mr. Booth.
Mr. Proto stated the individuals receiving this
training are not County employees and that this is continuing legal education
for attornies. He asked if the
County would be paying the entire cost of this and was informed by Mrs.
McBean-Clairborne that this amount is for $5,000; the total training cost is
$7,500. In addition to other
benefits of having this training, those attorneys in attendance will in turn be
training others.
A short roll call vote resulted as follows: Ayes – 13, Noes – 1 (Legislator Proto),
Excused –1 (Legislator Herrera).
RESOLUTION ADOPTED.
WHEREAS,
attorney fees for custody cases in the Assigned Counsel program exceed $300,000
annually, and
WHEREAS, the Assigned Counsel program believes that a “collaborative law”
model will result in better outcomes and eventually reduced costs for custody
cases, and
WHEREAS,
Judge Rowley has requested funding to initiate a “collaborative law” model for
custody cases, and
WHEREAS,
training to initiate a “collaborative law” model in Tompkins County will cost
$7,500, and
WHEREAS,
estimated fees derived from training participants will reduce the cost of the
training to $5,000, and
WHEREAS,
there are no funds within the Assigned Counsel Program to pay this cost, now
therefore be it
RESOLVED,
on recommendation of the Public Safety Committee, That the Director of Finance
is hereby authorized and directed to make the following budget appropriation:
FROM: A1990.54440 Contingent
Fund $5,000
TO:
A1170.54412 Assigned
Counsel Training
$5,000
RESOLVED,
further, That this contingent fund appropriation will not affect the Assigned
Counsel Department’s 2007 rollover allocation.
SEQR ACTION: TYPE
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____________________
Mrs. McBean-Clairborne, Chair, reported the Committee
will meet on February 28th.
Mr.
Shinagawa, Chair, reported the Committee has met twice since the last Legislature
meeting. There was discussion on February 7th about the meeting
schedule for the year and the possibility of holding a second meeting each
month that will focus on discussion topics and areas of interest. The Committee continues to work on its
goals. At the present time there
are four goals as follows: to
preserve and enhance the quality of care for the aging; to improve access to
and quality of health care; to better invest public resources to effectively
serve our County’s youth; and to better understand unfunded mandates and
organize practical ways in which the County can pushback against them.
Mr. Shinagawa said at both meetings the Committee
discussed the subject of Tobacco 19.
At the first meeting the Coordinator of Reality Check, representatives
from the American Cancer Society, American Lung Association, and students from
Ithaca High School were in attendance.
These individuals were advocating for the Tobacco 19 proposal which is
to increase the legal purchasing age of tobacco products to the age of 19. After discussion a motion was made to
ask the County Attorney to draft a local law for consideration at the next
meeting. At today’s meeting there
were presentations made by Health Department staff in which concerns were
expressed, some of which included increased costs that would not be eligible
for grants, enforcement, and the burden on retailers. Also, the Director of Environmental Health in a written
letter to the Committee said if this were being done on a Statewide basis it would
be much easier than adopting it on a Countywide basis since there is no
evidence it would actually decrease smoking by minors. The Committee will be
discussing this at the first meeting in March and will be forwarding it to the
Board of Health for input and a recommendation.
Mr. Shinagawa said the Committee also received an
update on the Lakeside Nursing Home/Berger Commission report. Lisa Holmes, Director of the Office for
the Aging, met with Michael Burgess, the New Director for the State Office for
the Aging and communicated that he is sympathetic to Tompkins County’s
concerns. Mr. Shinagawa said he
has heard that Tompkins County’s new State representatives have been meeting
with representatives of Governor Spitzer’s Administration to think of potential
ways to preserve those skilled nursing home beds. The next meeting will be March 7th at 3 p.m.
RESOLUTION NO. 29 - AUTHORIZATION TO ACCEPT
DONATION AND ESTABLISH AN ACCOUNT FOR
THE DONATED FUNDS
MOVED
by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted
by voice vote by members present.
WHEREAS, the Tompkins County Office for the Aging has been awarded a donation of $10,000 in memory of Marilynn Efroymson Gazevitz to assist frail elders and their caregivers with services needed to help the elder remain living independently and which they could not otherwise afford, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the County gratefully accepts the donation of $10,000 to be used for the aforementioned purpose,
RESOLVED,
further, That the Director of Finance is authorized to establish an account to
hold the donated funds,
RESOLVED, further, That from time to time funds will be appropriated into the Office for the Aging’s budget in order to fund needed services for qualifying individuals.
SEQR ACTION: TYPE II-20
____________________
Mr. Proto, Chair, reported the Committee met on
February 8th. At that
meeting the Committee and staff received an overview from Kevin Marron of
LaBella Associates on the Space Use Master Plan that had been developed
previously. That plan identified a
number of the sites that were examined two years ago. There was also a report on the reaction of the Town
and City of Ithaca and Cayuga Medical Center with regard to their interest or
non-interest in sites being pursued in their locale. There was no opposition expressed. He said when the Mental Health Building
was constructed it was made strong enough to accommodate six additional
floors. Unfortunately, the
mechanicals were put on the roof, and while the pillars are strong enough to
hold it, the individuals currently housed in the building would have to be
temporarily relocated while those mechanicals were being dismantled to add
additional floors.
Mr. Proto said the Committee worked on establishing a
timetable and wanted to allow an opportunity for additional sites within the
City or Town of Ithaca to be brought forward. He said if any individual has additional criteria they
want to have considered, information should be submitted to Ed Marx,
Commissioner of Planning and Public Works by April 1st. By May or early June the
Committee would like to have site selection complete with prime sites ready to
bring to the Legislature following that.
The next meeting will be March 8th.
Ms. Kiefer, Vice Chair, reported the Committee met on
February 13th. At that
meeting the Committee approved an audit of final payment for work that has been completed as part of the
Transient Ramp Rehabilitation contract at the Ithaca Tompkins Regional
Airport. With respect to the gas
exploration, the Committee learned that Robert Nicholas, Airport Manager, that
he is checking with other airports to see if there are others who have
addressed the issue of oil and gas drilling. Commissioner indicated that the County would likely put out
an RFP at some point in the future but that is not definite at this time.
The Committee heard from Bill Sczesny, Highway
Manager, and Public Works Commissioner Marx, about the results of a
cost-benefit analysis performed by the State Department of Transportation on
road and bridge projects that were put forward by Tompkins County for 2007-2012
Transportation Improvement Program (TIP) approval to get federal and State
funding. The Committee learned
that because Tompkins County is part of a region that for example, includes
Onondaga County, we don’t do very well when it comes to cost-benefit analysis
when a multi-million dollar major road reconstruction project or a new bridge
that costs millions of dollars is proposed. The DOT looks to see how many people are being served by
that facility and Tompkins County’s population doesn’t place us up there with
others. Of three bridge projects
proposed only one; the Newfield Depot Bridge; which costs $880,000, was
approved for TIP funding. There
were four road projects (Coddington, Pine Tree, Ellis Hollow, and East King
Roads) did not get included in the Plan. Fortunately, TCAT will receive $1.2 million for
busses. She said in
the past when Tompkins County competed for these monies the usual ratio of
money available to money requested was 1:2; this year it was 1:5 and she sees
little hope for this to improve in the future. She said she is not very hopeful that major road and bridge
projects will receive funding in the future, and this is an alarming
issue. The next Committee meeting
will be February 27th.
Mr. Booth expressed concern for what this would mean
for the even-less-populated northern counties and stated this is an issue that
should be raised with State legislators and the Governor’s Office.
Mr. Proto said in reading something about the
Governor’s budget the article indicated there was a reduction in the
funding. Ms. Kiefer said CHIPS
funding was being held but because of inflation, that is a reduction.
Ms. Robertson asked what was driving this. Ms. Kiefer said she believes this is
the result of everyone holding down taxes by deferring maintenance. That is why there are so many projects
of major proportion being requested now.
WHEREAS,
Resolution No. 281 of 2005 requires the Legislative Representative on the Air
Service Board (ASB) to also be a member of the program committee responsible
for airport operations, and
WHEREAS,
there is no member of the 2007 program committee who can fill that position,
and
WHEREAS, the 2006
Legislative member of the ASB wishes to continue, and that continuation is
supported by the ASB, now therefore be it
RESOLVED,
on recommendation of the Facilities and Infrastructure Committee, That the
requirement for the Legislative member of the ASB to also be a member of the
program committee having jurisdiction over airport operations be waived for
2007.
SEQR
ACTION: TYPE
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__________________
Mr.
Dennis, Chair, reported the meeting scheduled for February 14th was
canceled due to the weather. The
Committee met briefly prior to this meeting to take action on the resolutions
that appear on the agenda.
RESOLUTION
NO. 31 – AUTHORIZATION TO PAY ROAD PATROL CONTRACT NEGOTIATOR COSTS FROM THE
CONTINGENT FUND
MOVED
by Mr. Dennis, seconded by Mrs. McBean-Clairborne. A short roll call vote resulted as follows: Ayes – 14, Noes – 0, Excused – 1
(Legislator Herrera). RESOLUTION
ADOPTED.
WHEREAS,
the Employees Union of the Tompkins County Sheriff’s Department has been
working without a contract since March 1, 2006, and
WHEREAS,
by Resolution No. 162 of 2006, the Tompkins County Legislature authorized the
negotiating team to hire a professional negotiator, and
WHEREAS,
the negotiating team has entered into an agreement with Roemer, Wallens, &
Mineaux, LLP, to provide negotiating services in the amount of $15,000, and
WHEREAS,
no funds have been budgeted or allocated for these costs, now therefore be it
RESOLVED,
on recommendation of the Personnel and the Budget and Capital Committees, That
negotiator fees in the amount of $15,000 will be paid from the Contingent Fund,
RESOLVED,
further, That the Director of Finance is hereby authorized and directed to make
the following budget appropriation:
FROM: A1990.54440 Contingent
Fund $15,000.00
TO: A1430.54442 Professional
Services $15,000.00
RESOLVED,
further, That the contingent fund appropriation will not affect the Personnel
Department’s 2007 rollover allocation.
SEQR ACTION:
TYPE II-20
____________________
It
was MOVED by Ms. Robertson, seconded by Mr. Shinagawa, and unanimously adopted
by voice vote by members present, to approve the minutes of February 6,
2007. MINUTES APPROVED.
On motion the meeting adjourned at 7:28 p.m.
Respectfully submitted by Michelle Pottorff, TC Legislature Office
Tompkins County
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