Chair 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: 15 Legislators.
Privilege of the Floor by the Public
Betty Falcao, Director of the Health Planning Council and new Director of the Local Rural Health Network, announced a Rural Health Network grant of $130,000 has been received. The award to Tompkins County of the Rural Health Network grant makes us the 34th network in the State. She distributed information related to the Rural Health Network and projects the Health Planning Council is undertaking. She said at this time it appears the funding will be approved for 2.5 years and is allocated each year by the State. Ms. Falcao said the HPC/RHN will be working during 2004 on: (1) increasing local access to primary and urgent medical and dental care for Medicaid enrollees and uninsured clients; (2) helping people without prescription coverage obtain needed medications; (3) facilitating local use of resources developed by the 15-county Central New York Area Health Education Center (AHEC) to recruit/train health care professionals; and (4) designing a community-wide health promotion support program tailored for Tompkins County consumers, health care providers, and businesses. She thanked the Legislature for their continued support, noting it was a factor in receiving the funds.
Privilege of the Floor by Legislators
Ms. Kiefer, District No. 10 Legislator, announced that a Health Care Access forum will take place on March 3, 2004, at 7:30 p.m. at the Presbyterian Church. The speaker is Dr. McKenzie of Cayuga Medical Center, who will be speaking on "Health Care Economics 101, Going for Broke".
Distinguished Youth Award
Ms. Kiefer announced the Distinguished Youth Award for January was to be presented to Ben Giles, and asked Mr. Giles and Mr. Hubbard, Deputy Chief for Enfield Fire Company who nominated him, to come forward. Ms. Kiefer spoke of her choice of Mr. Giles as he was not only a well-rounded student, and athlete but also a volunteer fireman. Ms. Kiefer said that due to conflicts with team competition Mr. Giles could not be present to accept the award previously. She then asked Mr. Hubbard to read his nominating letter to best explain her choice.
Ms. Kiefer added that she contacted his school guidance counselor and was told that Mr. Giles chose the difficult courses and was active in his school and outside community. The guidance counselor also told Ms. Kiefer that Mr. Giles was the type of young man you would want your son to be; as well as the type of young man you would want your daughter to date.
Mr. Giles said he was completely shocked and awed by the nomination and thanked the Legislature and others sponsoring the award.
Privilege of the Floor by Legislators (Continued)
Ms. Herrera, District No. 5 Legislator, offered the following statements:
"I have two items tonight. First of all, I’d like to offer my congratulations to City of Ithaca residents and employees. Mayor Petersons’ announcement of support for same-sex marriages is more than a welcome gesture to family, friends, and members of the LGBT community. Since Bush has vowed support for an amendment to this nation’s Constitution that would bar same sex marriage, Mayor Peterson’s action, and other actions across the country in response to that threat, have taken on renewed energy. It would be deplorable for this country to pass an amendment enshrining discrimination against an entire class of people. Many of those arguing against same sex marriage use the same arguments that were used in the not-so-distant past to withhold from blacks, Latinos and women the right to vote, and to criminalize mixed-race relationships and marriages.
"Mayor Peterson announced on Monday that the City of Ithaca would recognize same-sex marriages validly performed elsewhere. Couples in such marriages and their families will be accorded all the rights and all the legal obligations as those who have been parties to traditional marriages. Mayro Peterson also said that the City of Ithaca will accept marriage license applications from same-sex couples and send them to the New York State Department of Health for approval. Unlike California, under New York State Law, the municipal clerk has the authority to perform civil ceremonies, but must be presented with a valid marriage license. Thank you Mayor Peterson, for doing your part to fight Constitutionalizing discrimination against me, and people like me, your co-workers, members of your family, and members of your church or synagogue.
"My second announcement involves State Senate Bill 3291B, which would raise New York State’s minimum wage to $7.25 an hour. The minimum wage in New York State is currently $5.15 an hour, and a full-time minimum wage worker makes only $10,700 a year.
"This is not enough to rent an apartment in many areas of the state, much less to try to raise a family on, and so the minimum wage at its present level keeps many people trapped in poverty. No full-time worker should be earning poverty-level wages.
"A great many workers are trapped in part-time minimum wage jobs, cannot support their families. These workers must work multiple jobs, and frequently have no benefits. They often must resort to public services, which are paid for with our tax dollars. Let’s do the right thing, and raise the minimum wage.
"I support State Senate Bill 3291B, and will be distributing a draft resolution in support of it at the Planning, Economic Development and Environmental Quality Committee meeting tomorrow, Wednesday, March 3 at 2:30 pm, for discussion at a later time. I have provided members of the Legislature with copies of the draft resolution in their mailboxes.
"Thank you.
Mr. Penniman, District No. 15 Legislator, spoke of the property assessments that recently were sent out. He noted the average increase is 7 percent; and in his representative areas of Ulysses it is approximately 13 percent and Enfield is approximately 21 percent. He said there is not much increase in population for the 65 million dollar increase in assessments. Assuming tax rates stayed the same for towns, County, and schools the average increase would be approximately $300 per person in his district. Mr. Penniman said the Assessment Department will be holding a meeting in Trumansburg at the high school on March 8, 2004, and another on March 15th.
Ms. Robertson, District No. 13 Legislator, spoke of the Assessment Department public meeting which will be held March 15th at 7 p.m.at TST BOCES, Warren Road's A14 Conference room. She reiterated that the increased assessments are due to housing shortages. Ms. Robertson then reported on the upcoming Recreation Partnership meeting on March 4, 2004, and provided members with the 2004 Recreation Partnership Program for spring 2004. Ms. Robertson then spoke of the recent events in Haiti and said she found it is disturbing to have a national government, claiming to be a proponent of democracy, that allows and encourages the collapse of a democratic government in a neighboring country. She said that in light of the millions of lives and billions of dollars spent elsewhere supposedly to bring democracy to Iraq, this action is hypocritical and disturbing.
Mr. Totman, District No. 9 Legislator, spoke of the recent Assessment Department meeting in Lansing and said he was disappointed in the presentation because of the inadequate amount of information presented. Mr. Joseph called attention to the Rules of the Board and reminded Legislators that while it is acceptable to criticize policy issues, it is inappropriate to publicly criticize job performance of any County employee. He stated any concerns with regard to the performance of an employee should be brought to the attention of the department head.
Mr. Proto, District No. 7 Legislator, spoke of the Farm Bureau-sponsored Food Day which took place several weeks ago; he thanked those who participated in this event at which products the County produces including wines, cheeses, etc. were highlighted. Mr. Proto referred to comments made by a member of the Legislature earlier this evening and expressed concern regarding national political statements. He feels that while it is important to discuss various things using legislative meetings as a forum to make public announcements, some announcement are inappropriate. Mr. Proto feels it is a personal intrusion and asked the Chair to offer an opinion. Mr. Joseph clarified that the comment was allowable because it did not affect County employees. Mr. Proto then stated he felt it would be appropriate to comment on some points of candidate Kerry. He stated that the Vietnam Vets of America do not support this candidate. He said that the support this candidate received came from the Vietnam Veterans Foundation, which is not comprised of Vietnam Veterans. He noted the Vietnam Vets of America, the official organization of the veterans, has specific ruling within their constitution that prohibits endorsement of any candidate. Mr. Proto suggested individuals go to the official website of the Vietnam Veterans of America to seek further information on Mr. Kerry's background regarding his throwing medals over fences in Washington.
Mrs. McBean-Clairborne, District No. 2 Legislator, echoed the statements of Ms. Herrera earlier this evening in support of same-sex marriages. She spoke of attending a recent presentation with Michael Eric Dyson at Ithaca College, where he spoke of the proposed legislation regarding the Constitution and same-sex marriages. Mr. Dyson said that we have been asking people to be morally and respectfully upstanding, against single mothers, not wanting co-habitation; asking they be married. He said when people are asking to do this very thing that was requested, it is being exempt from the moral standards due to same-sex. Mrs. McBean-Clairborne said Legislators should express our desire to allow people to live in a union and respect individual's rights.
Mr. Lane, District No. 14 Legislator, spoke of the New York State Constitution, stating it is in need of reform. He spoke of a suggestion that is presently being made to amend the State fiscal year to May 1 rather than April 1. He read a report today that said it should be July 1 as many other states presently choose. He feels that it would be appropriate.
Ms. Robertson said she feels the issue of assessment vs. taxes should be clarified. She said assessment is the redistribution of the evaluation of property, noting that if the tax levy could stay the same a reduction of the tax rate could be possible.
Mr. Booth, District No. 3 Legislator, dsaid that assessments are related to taxes; taxes reflect both the tax rate and assessment.
Report from Municipal Official(s)
Ms. Coles, newly elected City of Ithaca Common Council member, offered a report of Common Council's work. She reported on the review of the City's Southwest Park Plan, not only in relation to retail establishments planned, but to the eighty acres owned by the City that may be used for reasonably priced housing as well. She said that these discussions will include any controversy regarding Taughannock Boulevard. Ms. Coles said she is thrilled to be a member of Common Council during this period and was very pleased with Mayor Peterson's statements regarding same-sex marriages. Ms. Coles is pleased that the City promises to join whatever legal matters may ensue as a result of refusal of licenses by the state and the recognition of same-sex marriages from other areas. She then reported the City is working on the revision of its noise ordinance that will provide a balance for all residents. Ms. Coles expressed pleasure at being involved with the question of health care for the City of Ithaca. She would like to develop a plan that parallel's one the City of Rochester had with the assistance of Kodak.
Report from the Chair
Mr. Joseph, Chair, did not have a report.
Report from the County Administrator
Mr. Whicher stated the Assessment Department meetings discussed earlier are an introduction to the assessment process and intended to clarify the confusion of levy, rates, and assessments, noting the Assessment Department is charged with only setting assessments and has nothing to do with tax levy or rates. Mr. Whicher then spoke of the intermunicipal meeting held on March 1, 2004, during which it was determined that three areas should be investigated further. These three areas are highway department, cooperative insurance, and the unified courts. He asked that individuals sign up for one of the topic areas. Mr. Whicher then requested an executive session to discuss negotiations later in the meeting.
Report from the County Attorney
Mr. Wood, County Attorney, reported the United States District Court for the Northern District that includes Tompkins County has begun total electronic filing of documents. He said this means no paper documents may be presented and it will affect several cases presently underway. At this time it is only the Federal court system requiring electronic filing, however he feels it is a sign of things to come.
Report from the Finance Director
Mr. Squires reported he received information related to the latest bond offering and will file this with the Clerk of the Legislature. This is a renewal of bond anticipation notes in the amount of $6,652,750 and includes projects such as the Tompkins Cortland Community College Master Plan, the communications system and public safety building project, and property acquisition. Mr. Squires noted the document includes 2003 data on budget and statistical information and overall make-up of the County. He said these bonds are the only ones issued next week and expects offering the bonds at a favorable rate of 1.2 percent.
Addition of Resolution(s) to the Agenda
There were no resolutions to add to the agenda.
Withdrawal of Resolution(s) from the Agenda
There were no resolutions withdrawn from the agenda.
Approval of Resolution(s) and Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Proto, seconded by Ms. Blanchard, and unanimously adopted by voice vote, to approve the following resolution(s) Under the Consent Agenda:
RESOLUTION NO. 31 - AUTHORIZATION TO APPLY TO THE NEW YORK STATE 911 BOARD FOR EXPEDITED DEPLOYMENT GRANT FUNDING ON BEHALF OF TOMPKINS COUNTY - DEPARTMENT OF EMERGENCY RESPONSE
MOVED by Mr. Proto, seconded by Ms. Blanchard, and unanimously adopted by voice vote, under the Consent Agenda.
WHEREAS, New York State has created an Expedited Deployment Grant
Funding Program for implementation of enhanced wireless 911 services, and
WHEREAS, pending systems installations for the newly constructed
Emergency Response Center have been specified to provide such wireless
capabilities, and may be eligible for such grant funding, and
WHEREAS, pursuant to Local Law No. 8 of 2000, the Emergency Response
Center shall function as the County’s single Public Safety Answering Point
(PSAP) for the purposes of routing of wireless 911 calls in the jurisdiction,
and
WHEREAS, the Department of Emergency Response must formally apply
to the New York State 911 Board (Board) for funding to assist the County
in achieving “Phase 2” capability for the 911 emergency call system, and
WHEREAS, the PSAP complies with the Board’s standards in 21 NYCRR
Parts 5200, 5201, 5202, and 5250 and will, following the acquisition of
the items for which expedited deployment funding is requested, comply with
the Board’s standards in 21 NYCRR Part 5203, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That
the Director of the Department of Emergency Response is hereby authorized
to apply to the New York State 911 Board for Expedited Deployment Grant
Funding on behalf of Tompkins County.
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RESOLUTION NO. 32 - REDUCTION AND INCREASE IN HOURS OF TWO ASSISTANT DISTRICT ATTORNEY POSITIONS
MOVED by Mr. Proto, seconded by Ms. Blanchard, and unanimously adopted by voice vote, under the Consent Agenda.
WHEREAS, the District Attorney wishes to reduce the hours of one
Assistant District Attorney position from 35.0 hours per week to 30.0 hours
per week (a reduction of 5 hours per week) to accommodate a request for
a flexible work schedule, and
WHEREAS, the District Attorney wishes to maintain the same overall
working hours and level of service by increasing the standard work week
of a second Assistant District Attorney position from 35.0 hours per week
to 40.0 hours per week (an increase of 5 hours per week), and
WHEREAS, such a change would be beneficial to the organization
and would result in no change in total hours and no change in the budget,
now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That
the standard work week for one position of Assistant District Attorney
(88-228) shall be reduced from 35.0 hours per week to 30.0 hours per week
and that a second position of Assistant District Attorney (88-228) shall
be increased from 35.0 to 40.0 hours per week effective March 1, 2004.
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RESOLUTION NO. 33 - AUTHORIZING A PUBLIC HEARING – TRANSFER OF 'INNOVATIVE DYNAMICS' HANGAR LEASE TO EAST HILL FLYING CLUB AND APPROVAL OF A 20-YEAR EXTENSION OF SAID HANGAR LEASE WITH EAST HILL FLYING CLUB - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Proto, seconded by Ms. Blanchard, and unanimously adopted by voice vote, under the Consent Agenda.
WHEREAS, Innovative Dynamics, Inc., (IDI) wishes to sell its interest
in a General Aviation (GA) maintenance hangar at the Ithaca-Tompkins Regional
Airport to East Hill Flying Club (EHFC), and
WHEREAS, EHFC needs additional space for its expanding flight training
activities and wishes to assume the lease now held by IDI, now therefore
be it
RESOLVED, on recommendation of the Facilities
and Infrastructure Committee, That a public hearing be held by the County
Legislature on March 16, 2004, at 5:30 o’clock in the evening thereof at
the Legislators’ Chambers of the Tompkins County Courthouse, 320 North
Tioga Street, Ithaca, New York concerning the proposed lease transfer between
Innovative Dynamics and East Hill Flying Club and the lease extension with
East Hill Flying Club. At such time and place all persons interested in
the subject matter will be heard concerning the same,
RESOLVED, further, That the Clerk of
the Legislature is hereby authorized and directed to place proper notice
of said public hearing in the official newspaper of the County and to make
available said proposed lease agreement and lease extension agreement to
all persons interested in same, at the Legislators’ offices during normal
business hours.
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RESOLUTION NO. 34 - AWARD OF BID - OPERATION OF HOUSEHOLD WASTE MANAGEMENT FACILITY - SOLID WASTE MANAGEMENT
MOVED by Mr. Proto, seconded by Ms. Blanchard, and unanimously adopted by voice vote, under the Consent Agenda.
WHEREAS, the Department of Finance – Division of Purchasing has duly
advertised for a multi-year Request For Proposal (RFP) for operation of
the Tompkins County Household Hazardous Waste Management Facility for the
Tompkins County Solid Waste Management Division, and
WHEREAS, two (2) RFP’s for the facility operations services were received
and publicly opened on February 3, 2004, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the RFP for Hazardous Waste Facility Operations for Tompkins County,
be awarded to Clean Harbors Environmental Services, Inc., 14 Corporate
Circle, East Syracuse, New York, for a three (3) year term,
RESOLVED, further, That the funds are available in the Solid Waste
Management Division’s budget, account 8169.54442,
RESOLVED, further, That the County Contract Administrator be authorized
to execute this contract.
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RESOLUTION NO. 35 - BUDGET ADJUSTMENT – HEALTH DEPARTMENT
MOVED by Mr. Proto, seconded by Ms. Blanchard, and unanimously adopted by voice vote, under the Consent Agenda.
RESOLVED, on recommendation of the Health and Human Services, That the Director of Finance be directed to make the following budget adjustment on his books:
HEALTH AND HUMAN SERVICES COMMITTEE
Planning and Coordination
Revenue Acct
Title Amt Approp
Acct Title(s) ________________________
4010 44959 Federal Aid $6,953 4010 51000780
Salary, Bioterrorism Preparedness
Coordinator
4010 44959 Federal Aid $2,712 4010 58800
Fringes
4010 44959 Federal Aid $3,441 4010 52206
Computer Equipment
4010 44959 Federal Aid $5,835 4010 52220
Departmental Equipment
4010 44959 Federal Aid $8,375
4010 52230 Software
4010 44959 Federal Aid $ 676 4010
54303 Office Supplies
4010 44959 Federal Aid $1,335 4010 54354
Medical Supplies
Explanation: Additional grant funds were received after the 2004
budget was submitted (Position was approved with Resolution No. 264 of
2003).
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RESOLUTION NO. 36 - APPROVAL OF AMENDED BYLAWS OF THE TOMPKINS COUNTY BOARD OF HEALTH
MOVED by Mr. Proto, seconded by Ms. Blanchard, and unanimously adopted by voice vote, under the Consent Agenda.
WHEREAS, the Tompkins County Board of Health bylaws have been
revised to reflect additions of information from the Tompkins County Charter
and Code and other changes that parallel New York State Public Health Law,
now therefore be it
RESOLVED, on recommendation of the Health and Human Services
Committee, That the bylaws for the Tompkins County Board of Health be and
hereby are approved,
RESOLVED, further, That a copy of the revised bylaws shall be
kept on file with the Clerk of the Legislature.
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RESOLUTION NO. 37 - DECREASING HOURS OF LEGAL UNIT ADMINISTRATOR – DEPARTMENT OF SOCIAL SERVICES
MOVED by Mr. Proto, seconded by Ms. Blanchard, and unanimously adopted by voice vote, under the Consent Agenda.
WHEREAS, the Department of Social Services has recently
reorganized certain work processes involving its Services to Children and
Families Division and its Legal Unit, and
WHEREAS, one outcome of that process has been a
reduction in the breadth of responsibilities associated with the Legal
Unit Administrator position, now therefore be it
RESOLVED, on recommendation of the Health and Human
Services and Budget and Capital Committees, That the hours of the Legal
Unit Administrator, Labor Grade P (16), be decreased from 40 to 35 hours
per week with a result of cost savings of $9,830.
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RESOLUTION NO. 38 - ACCEPTANCE OF LEGISLATIVE INITIATIVE FUNDING FOR COUNTY-WIDE SENIOR NEEDS ASSESSMENT - OFFICE FOR THE AGING
MOVED by Mr. Proto, seconded by Ms. Blanchard, and unanimously adopted by voice vote, under the Consent Agenda.
WHEREAS, Office for
the Aging conducted a county-wide assessment of senior needs after the
1990 census, and
WHEREAS, the results
of that survey provided useful information for Office for the Aging and
many other agencies and individuals, and
WHEREAS, needs may
have changed between the post-1990 and post-2000 census periods, and
WHEREAS, Office for
the Aging wishes to assess these needs in the post-2000 period, and
WHEREAS, Office for the
Aging was awarded a Legislative Initiative in the amount of $10,000 for
this purpose, now therefore be it
RESOLVED, on the recommendation
of the Health and Human Services Committee, That the County hereby accepts
this grant of $10,000,
RESOLVED, further,
That the Finance Director is authorized to make the following adjustments
to his books:
A6783.51000571 Salary
$6,580
A6783.54303 Office
Supplies 50
A6783.54330 Printing
150
A6783.54552 Postage
100
A6783.54472 Telephone
150
A6783.54491 Contractual
2,970
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RESOLUTION NO. 39 - ACCEPTANCE OF LEGISLATIVE INITIATIVES GRANT FOR PERSONAL EMERGENCY RESPONSE SYSTEMS MACHINES - TOMPKINS COUNTY OFFICE FOR THE AGING (COFA)
MOVED by Mr. Proto, seconded by Ms. Blanchard, and unanimously adopted by voice vote, under the Consent Agenda.
WHEREAS, Office for the Aging administers a Personal Emergency
Response System (PERS) to help seniors and disabled County residents remain
safely in independent living, and
WHEREAS, many of Office for the Aging’s PERS machines are very
old and irreparable, and
WHEREAS, the number of individuals needing and seeking such machines
continues to rise, and
WHEREAS, Office for the Aging has been awarded an Initiatives
Grant in the amount of $9,750 to purchase sixty-five (65) machines, now
therefore be it
RESOLVED, on the recommendation of the
Health and Human Services Committee, That the County hereby accepts this
grant of $9,750,
RESOLVED, further, That the Finance Director is authorized to
make the following adjustments to his books:
A6787.52219 PERS UNITS $9,750
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Appointment(s)
MOVED by Mr. Proto, seconded by Ms. Blanchard, and unanimously adopted by voice vote, approve the following appointment(s) under the Consent Agenda:
Criminal Justice Advisory/Alternatives to Incarceration Board - Term
expires December 31, 2004
Barbara Blanchard - County Legislator
Local Emergency Planning Committee
Martha Robertson - Chair, Health and Human Services Committee
Tompkins Consolidated Area Transit Board of Directors - Term expires
December 31, 2006
Kathy Herrera - County Legislator (Labor)
Public Information Advisory - Term expires December 31, 2005
Pat Pryor
Fish and Wildlife Board - Term expires December 31, 2005
Daniel Winch
County Planning Advisory Board - Term expires December 31, 2006
Dooley Kiefer - County Legislator
Regional Forest Practice Board - Term expires December 31, 2005
Daniel M. Winch - County Legislator
Soil and Water Conservation District - Terms expire December 31,
2004
George Totman
Barbara Blanchard
Water Resources Council - Term expires December 31, 2004
Daniel Winch
Ithaca Downtown Partnership - Term expires April 15, 2006
Leslyn McBean-Clairborne
Report from the Public Safety Committee
Ms. Blanchard, Chair, said the Committee met just prior to the meeting and its work was reflected by the resolutions presented under the Consent agenda. The next meeting will be on March 4, 2004. Mr. Proto noted that a request had been made to review the Criminal Justice Advisory/Alternatives to Incarceration Board amended bylaws and wanted to remind Legislators about the comment period.
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Booth, Chairman, reported the Committee heard information regarding diesel fumes being taken into the library during the Cayuga Green construction. This matter is being resolved, and the contractor has said he is willing to pay for the necessary filters. Mr. Booth said there will be other matters regarding this construction relative to the library, and they will be reviewed. He said the discussion on the Highway Division realignment plan continued, and consensus was reached by the Committee to proceed with the plan. It was noted the plan will provide dedicated crews for summer work and is designed to provide leadership and specified resources for each team. In the winter months the Highway Division will be operated in much the same manner as it presently operates. In addition, portions of the plan will require the Public Works Administrator to act as the personnel liaison for the division. Mr. Proto inquired about communication with other municipalities related to highway services throughout the County. Mr. Booth said working documents have been received related to this topic and will be addressed in the future.
RESOLUTION NO. 40 - AUTHORIZING EXTENSION OF CONTRACT WITH ARAMARK, INC., FOR MANAGEMENT OF THE WANDERLUST CAFÉ AND GIFT SHOP - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Ms. Kiefer. Mr. Booth said it is not a positive climate to seek a request for proposal and it was felt an extension would be the most suitable alternative. Legislative members received information related to the previous contract and this proposal. Mr. Penniman said due to the possibility of the airport running on a deficit he initially planning to vote against the resolution; however, having visited the café and recognizing it was utilized by approximately thirty percent of the airport's staff he would support this resolution. Ms. Schuler stated that had the café been promoted in the past throughout the industrial park its fate might be different. Up until now it was the only public eatery in the complex. She expressed concerns about spending tax dollars on the café, particularly since heard that Cornell University would be opening a deli-type establishment in the industrial park. Mr. Booth reiterated that this resolution was to maintain the café for a one-year period in order to ascertain the best course of action to take, with the hope that business may pick up over the year, with a review in 2005. Ms. Schuler felt vending machines may provide adequate sustenance for travelers. Mr. Joseph said he does not feel he can support the resolution, as it requires not only the management fee but a potential $28,000 loss. He said in light of the potential need for tax dollars to subsidize the airport, not supporting it is a choice needing to be made that will reduce spending. Mr. Proto expressed his disappointment, noting he was Chair of the Airport Development Committee and that having the café could be useful in attracting a second airline to our facility. He urged that members support this resolution. Mr. Proto feels that there would be little competition from other food establishments in the area and that this is not the time to cut service.
A voice vote resulted as follows: Ayes - 12 (Legislators Blanchard, Booth, Herrera, Kiefer, Koplinka-Loehr, Lane, McBean-Clairborne, Penniman, Proto, Todd, Totman, and Winch); Noes - 3 (Legislators Joseph, Robertson, and Schuler). RESOLUTION ADOPTED.
WHEREAS, ServRite Corporation of Etna,
New York, now doing business as Aramark, Inc., signed a contract for the
period April 1, 1994, through March 31, 2004, to manage the café
and gift shop in the passenger terminal building of the Ithaca Tompkins
Regional Airport, and
WHEREAS, the present airline climate
and economic conditions do not make it particularly desirable to seek bids
for a long-term contract or extend the present contract for a long period
of time, and
WHEREAS, Aramark, Inc., is willing to
extend its present contract by one year on revised terms until March 31,
2005, when the situation may be clearer, now therefore be it
RESOLVED, on recommendation of the Facilities
and Infrastructure Committee, That the County Administrator be and hereby
is authorized to sign a one-year extension to the Aramark, Inc., management
contract at the Ithaca Tompkins Regional Airport for the period April 1,
2004, until March 31, 2005, such contract to include the County's payment
of a $1,000 per month management fee to Aramark, Inc, and a cap on expenses
based on 2003 expenditures, with the County responsible for paying expenditures
and keeping profits.
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RESOLUTION NO. 41 - AUTHORIZING GROUND TRANSPORTATION FEE STRUCTURE - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Mr. Lane. Mr. Booth explained this will create a fee structure that is fair to all parties wishing to provide ground transportation service to and from the airport. He reported the fees vary according to the type of service being offered. Ms. Kiefer inquired whether Tompkins Consolidated Area Transit (TCAT) had commented on the fee structure and was informed we have not heard from TCAT, but the cost is under $1,000 and that this was done to provide equity regarding this service. Mr. Lane said that a lengthy survey had been completed in order to provide an appropriate fee structure. He also said it is within the law. Mr. Proto said that while nobody desires to pay more fees that TCAT would accept this charge. A voice vote to approve the resolution resulted as follows: Ayes - 15; Noes - 0. RESOLUTION ADOPTED.
WHEREAS, Local Law No. 4 of 2002 - Rules and Regulations and Minimum
Standards - Ithaca Tompkins Regional Airport, authorizes the airport manager
to assess and collect fees from ground transportation providers who operate
on airport property, and
WHEREAS, Federal case law has overwhelmingly upheld airports'
rights to charge a fee to commercial ground transportation providers for
use and upkeep of airport facilities and the privilege of deriving business
from said airport facilities, and
WHEREAS, the airport wishes to construct a fee system that more
equitably apportions the costs of providing and maintaining said facilities
to those that derive a financial benefit, and
WHEREAS, the airport conducted a six-week survey of ground transportation
usage in October and November 2003 to determine how a fee structure should
be constructed to distribute fees more equitably, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
and Budget and Capital Committees, That the schedule for Ground Transportation
Fees shown on "Attachment A" be approved for a one-year period from January
1, 2004, until December 31, 2004, and that the airport manager shall utilize
said schedule in establishing annual fees for particular entities,
RESOLVED, further, That another six-week survey be undertaken
in 2004 to ascertain the fairness and accuracy of this fee structure and
if changes are deemed necessary, that a proposal be brought to the program
committee(s) for consideration and approval.
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Attachment "A"
ANNUAL FEE SCHEDULE
FOR
ENTITIES TRANSPORTING PASSENGERS IN COURTESY VEHICLES
Estimated* Annual Trips Annual Fee
To The Airport
0 - 600 $100
601 - 1,200 $200
1,201 - 1,800 $300
1,801 - 2,400 $400
2,401 - 3,000 $500
3,001 and up
Pro Rata in increments of $100 for each
additional 600 estimated annual trips
Note:
For those entities using courtesy vehicles for dropping off and/or
picking up passengers at the airport as of January 1, 2004, the airport
manager shall determine the annual fee for each entity based on calculations
flowing from the six-week survey of passengers transportation conducted
by the airport in 2003.
Note:
For any new entity that commences using one or more courtesy vehicles
for dropping off and/or picking up passengers at the airport during 2004
the airport manager shall estimate the number of annual trips that entity's
vehicle(s) will make to the airport and use the above fee schedule to set
its annual fee.
ANNUAL FEE SCHEDULE FOR FARE-CHARGING ENTITIES
Annual fee = $.011 X estimated 2003 enplaned passengers X entity's estimated proportional share of passengers carried by fare-charging entities
Note:
For those fare-charging entities dropping off and/or picking up passengers
at the airport as of January 1, 2004, the airport manager shall determine
the annual fee by applying the following formula.
Note:
For any new fare-charging entity that commences dropping off and/or
picking up passengers at the airport during 2004, the airport manager shall
estimate the percentage of enplaned passengers that entity will transport
during 2004 and determine its fee by applying the above formula.
The commencement of business at the airport by any new fare-charging entity
will not change the annual fee charged to any other entity.
Mr. Booth spoke of an upcoming meeting of the Budget and Capital,
Planning, Development, and Environmental Quality, and Facilities and Infrastructure
Committees to discuss the status of the airport.
RESOLUTION NO. 42 - APPROVAL OF CONTRACT - GROUND TRANSPORTATION SERVICES - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Ms. Kiefer. Ms. Kiefer inquired when the next survey would take place and was informed it will be done in 2004. A voice vote resulted as follows: Ayes - 15; Noes - 0. RESOLUTION ADOPTED.
WHEREAS, the airport's ground transportation services contract
with Ithaca Airport Limousine (IAL) expired on September 30, 2003, and
WHEREAS, it is deemed desirable from a customer-service point
of view to offer passengers with a choice of taxi, van, or mini-bus transportation,
and
WHEREAS, said choice is made possible through a cooperative venture
between IAL and Ithaca Dispatch (ID) which currently controls all local
taxi service, and
WHEREAS, IAL and ID, with the airport's approval, have agreed
to a cooperative partnership for a one year period from January 1, 2004,
through December 31, 2004, to gauge the effectiveness of said cooperative
venture and its service to the public, and
WHEREAS, through surveys and meetings with IAL and ID, the airport
will, with program committee concurrence, determine whether the terms of
the contract should be changed and whether the contract should be extended
beyond the end of 2004, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
and Budget and Capital Committees, That the County Administrator, or his
designee, be authorized to sign a one-year contract with Ithaca Airport
Limousine and Ithaca Dispatch for the period of January 1, 2004, through
December 31, 2004, such contract to cover IAL's and ID's rental of counter
space and their payment of fees in accord with Schedule "A" which was a
part of Resolution No. 41 of 2004.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 43 - AUTHORIZING EXTENSION OF CONTRACT WITH STANDARD PARKING FOR MANAGEMENT OF THE PUBLIC PARKING LOTS - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote. RESOLUTION ADOPTED.
WHEREAS, APCOA, now doing business as Standard Parking, signed a contract
for the period April 1, 1994, through March 31, 2004, to manage the public
parking lots at the Ithaca Tompkins Regional Airport, and
WHEREAS, the present airline climate
and economic conditions do not make it particularly desirable to seek bids
for a long-term contract or extend the present contract for a long period
of time, and
WHEREAS, Standard Parking is willing
to extend its present contract by one year on revised terms until March
31, 2005, when the situation may be clearer, now therefore be it
RESOLVED, on recommendation of the Facilities
and Infrastructure Committee, That the County Administrator be and hereby
is authorized to sign a one year extension to the Standard Parking management
contract at the Ithaca Tompkins Regional Airport for the period April 1,
2004, until March 31, 2005, such contract to include the County's payment
of a $1,000 per month management fee to Standard Parking and a cap on expenses
based on 2003 expenditures, with the County responsible for paying expenditures
and keeping profits.
SEQR ACTION: TYPE II-20
Report from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, said the Committee will meet on March 3, 2004, and will hear from the Strategic Tourism Planning Board on the Light in Winter function which was successful. Also discussions will take place regarding the room tax budget and resolutions to contract with Tompkins County Area Development for tourism and report of a wine center feasibility study. Ms. Herrera said they will also review the Agricultural and Farmland Protection Board Bylaws for approval, comprehensive plan update, the Industrial Development Agency abatement policy. Ms. Herrera said she will be bringing forward a draft resolution in support of an increase in minimum wage.
Report from the Consumer and Community Affairs Committee
Ms. Kiefer reported the Committee meets on March 4, 2004. Information will be provided from the County Clerk, Weights and Measures, and Board of Elections with respect to mandated programs. The Committee will also have preliminary discussions regarding a draft resolution in the USA Patriot Act and will hear from Mr. Stein of the Municipal Electric and Gas Alliance for a discussion on utilities.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chairman, reported the Committee met on February 24th and continued to have discussions regarding the budget process. He said that following the previous Legislative meeting information was presented to Department Heads who appreciate being asked their opinion about changes in the process; however, they are unsure of hoe to respond best until they know the direction the budget process will take. He said over-target approaches were discussed in terms of usefulness and possible alternative approaches are expected to be suggested. Mr. Koplinka-Loehr informed members that the mortgage recording tax resolutions passed at the Committee meeting will come before the Legislature in two weeks time. Mr. Koplinka-Loehr reminded members to return the survey regarding a budget retreat. He then called attention to the draft 2004 Reader-Friendly Budget book on desks and asked that it be reviewed. Mr. Whicher said this document will be made available online and represents a great deal of effort. Mr. Proto asked that the entire Legislature be kept informed regarding the budget process deliberations. Mr. Koplinka-Loehr said that major components being proposed are to start the budget process one month later and to propose to advance program committee reviews in June and July rather than in September, to separate policy discussions from line-item reviews. Once the State budget packet is known, discussions will take place regarding policy and budgetary constraints. At the next meeting the budget calendar will be developed.
Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Lane, Chairman, reported the Committee met February 19th and at that meeting the Committee heard from Ms. Coggin, Director of Assessment, about the public education meetings that are taking place with two of these meetings set for March 8, 2004, and March 15, 2004, as noted previously. The Committee learned of substantial changes in the assessments of commercial buildings this year and in the Town of Enfield as a result of individuals investing in property. Mr. Lane said he has not heard of many requests for hearings and that complaints are lower, however Legislators are having more feedback on assessments than in previous years. He reported that the funding from the State for the annual assessment program may be temporary and we are at the end of the six-year reassessment process. The Committee will be reviewing this situation to determine whether the annual assessment program should continue.
Mr. Lane then spoke of the review of the form of government within Tompkins County and the feasibility of changing to a County Executive. Mr. Finkelstein and Mr. Marcham spoke to the Committee on this topic providing input. Mr. Lane said this is the start of the review and we will be obtaining information from other Charter counties and may invite speakers such as County Executive Santulli or County Executive Pirro as well as others. Mr. Lane said he spoke to the Chamber of Commerce regarding this issue and explained it is a lengthy process to fully investigate the positive and negative effects it may have for the County.
Mr. Proto spoke of his attendance at a February Assessment information meeting and thought it to be very professional and presented in a respectful manner. He spoke of tax-exempt properties within the County, noting it is approximately 49 percent of the County and that this will affect taxes on the remaining property. He feels that not only is there a need for housing but a need to review the exemptions as well. Mr. Proto then spoke of the need to see that while some counties with County Executives may have a lower tax increase they are also more prosperous counties than Tompkins County.
Ms. Kiefer feels it would be beneficial for the Government Operations Committee to review the policy on outside organizations utilizing County building space.
RESOLUTION NO. 44 - AUTHORIZATION TO ESTABLISH BUSINESS VISA CREDIT CARD ACCOUNTS WITH TOMPKINS TRUST COMPANY
MOVED by Mr. Lane, seconded by Mr. Winch. Mr. Lane explained this is for use by County employees for small purchases and travel to meetings. While it was thought at Committee the limit could be $50,000, Mr. Squires noted the higher amount was necessary to cover all departments. Mr. Proto disclosed his wife is an employee of Tompkins Trust Company. It was noted there was no need for him to abstain from voting on the resolution. Ms. Schuler asked if it was easier to have employees utilize personal cards and obtain reimbursement; Mr. Squires said the majority of employees who travel are bargaining unit employees and it is not desired. Mr. Squires said it has been an effective tool. Ms. Robertson asked if it was possible to get cash back as with other credit card companies and was informed that the rebates are driven by volume usage, which is not the case with the County. Mr. Proto asked if interest was accrued and was informed that normally payments are made within the allowable period to avoid interest. A voice vote resulted as follows: Ayes - 15; Noes - 0. RESOLUTION ADOPTED.
WHEREAS, Tompkins Trust Company requires the Tompkins County Legislature
to adopt a resolution authorizing the County's credit card accounts, now
therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the Director of Finance is hereby authorized to establish Business
Visa Credit Accounts with the Tompkins Trust Company for Tompkins County
employees to use for approved County purposes and the aggregate credit
limits for such accounts shall not exceed $100,000.
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RESOLUTION NO. 45 - APPROVAL OF SUCCESSION OF MEMBERS OF THE COUNTY LEGISLATURE TO SERVE IN THE ABSENCE OF THE CHAIR AND VICE CHAIR
MOVED by Mr. Lane, seconded by Ms. Herrera. Ms. Kiefer noted the list includes "Chair, of Government Operations"; but this year that is the Legislative Vice Chair. She expressed her desire to see specific names and to have the succession based on seniority and experience plus availability and health and stated that as it is now she cannot support it. A voice vote resulted as follows: Ayes - 14; Noes - 1 (Legislator Kiefer). RESOLUTION ADOPTED.
WHEREAS, Section 2.05 of the County Charter, specifies the succession
of members of the Legislature be designated annually by resolution to serve
in the absence of the Chair and Vice Chair, and
WHEREAS, the Government Operations Committee recommends the chairs
of standing committees be designated, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the following order of succession of County Legislators be approved
to serve in the absence of the Chair and Vice Chair:
Chair, Budget and Capital Committee
Chair, Public Safety Committee
Chair, Government Operations Committee
Chair, Facilities and Infrastructure Committee
Chair, Health and Human Services Committee
Chair, Planning, Development and Environmental Quality Committee
Chair, Consumer and Community Affairs Committee
SEQR ACTION: TYPE II-20
RESOLUTION NO. 46 - ADOPTION OF CASH MANAGEMENT AND INVESTMENT POLICY
MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne.
It was MOVED by Mr. Lane, seconded by Ms. Kiefer, to delete the portion of the Cash Management and Investment Policy that authorizes repurchase agreements. A voice vote on the motion resulted as follows: Ayes - 8 (Legislators Booth, Kiefer, Lane, Proto, Robertson, Schuler, Todd, and Totman); Noes - 7 (Legislators Blanchard, Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, Penniman, and Winch). MOTION CARRIED.
A voice vote on the main motion resulted as follows: Ayes - 14; Noes - 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, Article 2 -Section 10 of the General Municipal Law requires
each local government to authorize depositories for public funds, and
WHEREAS, Article 2 -Section 11 of the General Municipal Law requires
each local government to authorize Permitted Investments for public funds
not required for immediate expenditure, and
WHEREAS, Article 3 -Section 39 of the General Municipal Law requires
each local government to adopt a comprehensive investment policy which
details the local government's operative policy and instructions to officers
and staff regarding the investment of public funds, and that the Investment
Policy shall be annually reviewed by the local government, now therefore
be it
RESOLVED, on recommendation of the Government Operations Committee,
That the Cash Management and Investment Policy dated January 2004, is hereby
adopted.
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Report and Presentation of Resolution(s) from the Communications Capital Projects Committee
Mr. Penniman, Chairman, reported the Committee will be meeting again on March 18th.
Report from the Space and Location Committee
Mr. Proto, Chairman, reported the Committee will meet on March 11, 2004, at 2:00 p.m.
Report and Presentation of Resolution(s) from the Health and Human Services Committee
Ms. Robertson, Chair, reported the committee met on February 25th and will meet again on March 10, 2004. She thanked the Ithaca Journal for their coverage on housing in Tompkins County. Ms. Robertson said she has spoken to Senator Schumer's office regarding Section 8 housing and has received information that the President's proposed budget will cut $1.6 billion for this coming year and that Mr. Schumer opposes such action. She then reported the Committee heard from Department of Social Services Commissioner Patricia Carey that she has been working with units within the department to fully understand the operations of each. Ms. Robertson reported Assemblywoman Lifton has brought forth a member item paying for a needs assessment for the Department of Aging and Senator Kuhl has secured funding for the PERS program. She spoke of the CDBG funding and that there is concern about the impact of reduced funding in this program, noting that New York State lost $10 million this past year. The Board of Health bylaws were reviewed and a discussion took place related to the Governor's proposed 33 percent cuts regarding reimbursement of optional programs in the Health Department. Ms. Robertson said that information received from the Youth Bureau indicated an increase in PINS cases as well as a doubling of the number of youth in juvenile detention facilities. Ms. Robertson also noted that the Youth Bureau is presently working on its three-year plan. This information will be reviewed and she will provide updates to the Legislature as received.
Approval of Minutes of February 17, 2004
It was MOVED by Mr. Winch, seconded by Mr. Booth, and unanimously adopted by voice vote, to approve the minutes of February 17, 2004, with the changes submitted. MINUTES APPROVED.
Recess
Chair Joseph declared a recess at 7:17 p.m. The meeting reconvened at 7:25 p.m.
Executive Session
It was MOVED by Mr. Booth, seconded by Ms. Schuler, and unanimously adopted by voice vote to hold an executive session to discuss contract negotiations. An executive session was held at 7:25 p.m. and returned to open session at 8:00 p.m.
Adjournment
On motion the meeting adjourned at 8:00 p.m.
Respectfully submitted by Karen Fuller, Legislature Office
Tompkins
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