Chair Joseph called the public hearing to order at 5:30 p.m. concerning the proposed lease transfer between Innovative Dynamics' and East Hill Flying Club and lease extension with East Hill Flying Club. Mr. Joseph asked if anyone was interested in speaking.
Dave Santorch, East Hill Flying Club, said the East Hill Flying Club is a not-for-profit organization at the Ithaca Tompkins Regional Airport and has been there for 50 years. It is associated with TC3 and Ithaca College and is expanding and needs the space for storage of its aircraft. The proposal being considered is a lease transfer and extension from Innovative Dynamics' Inc. (IDI). He said there are three requirements necessary for this to happen: (1) approve the assumption of the lease that is currently held by IDI on the Airquest original lease that is a 20-year lease; (2) approve the release of IDI from any liability from their current lease; and (3) approve a 20-year lease for East Hill Flying Club. As the operations of the Club are expanding this will allow more space for storage of the Club's aircraft.
No one else wished to speak and the public hearing was closed at 5:33 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 McBean-Clairborne).
Privilege of the Floor by the Public
Martha Ferger, Dryden, spoke in favor of the resolution entitled "Advocating a Voter-Verified Paper Trail in our Voting Machines and Other Amendments to the Help America Vote Act (HAVA) - Board of Elections." She referred to a headline she read on the Internet that concerned her greatly "Will your vote count in 2004. How will you ever know?". She feels the accuracy of vote counting is at stake. She also noted that some of the bulleted items in the resolution have been introduced in legislation by the House of Representatives and the Senate in Washington.
Herb Engman, Warren Road, encouraged the Legislature to support the resolution entitled "In Support of State Senate Bill 3291C - Passage of an Increase in the Minimum Wage." Last evening he voted as a public official to create more affordable housing in Tompkins County. At the hearing last evening important points were raised concerning the addition of more lower paying jobs being created in Tompkins County with the opening of Home Depot, Lowe's, and Wal-Mart and the wages not being enough to live here. It was reported in an Ithaca Journal article recently that the number of low-wage jobs in New York has increased thirty percent over the past 30 years. There was also a report in the newspaper that the Federal government is proposing to cut $1 Billion in Section 8 support resulting in less money being available to support people moving to affordable housing. He feels support for this resolution will encourage the State Legislature to increase the minimum wage.
Dan Konowalow, Chair of the Agricultural and Farmland Protection Board, read the following statement concerning the resolution entitled "Farm Service Agency Restructuring Proposal:"
"The Tompkins County Agricultural and Farmland Protection Board applauds the initiative of the State Director of the Farm Service Agency of the United States Department of Agriculture in seeking ways to save taxpayers' money by possibly consolidating the FSA offices supporting the agricultural enterprise in Schuyler, Tompkins and Cortland counties. However the proposal to base the consolidated support office in Cortland County (probably in the city of Cortland itself) seems so ill-advised as to be perverse. Consider the following data for 2002 gleaned from the Agricultural Statistical Services website:
County Cash Receipts ($1000) No. Farms Farm
Acres
Schuyler 14 599 375 66 800
Tompkins 44 954 525 96 200
Schuyler and
Tompkins 59 553 900 163
000
Cortland 39 344 540 125 200
"Clearly, by these three very significant measures the combined agriculture enterprise in Schuyler and Tompkins counties (whose FSA activities are already based in Tompkins County) far surpasses that in Cortland.
"Lastly, we point out that the current FSA office on Hanshaw Road (Cayuga Heights) is almost exactly at the geographical center of the three counties. This move should be opposed."
Sid Saltzman, Town of Ihaca, encouraged the Legislature to support the resolution entitled "Advocating a Voter-Verified Paper Trail in our Voting Machines and Other Amendments to the Help America Vote Act (HAVA) - Board of Elections." He feels the big issue is at the national elections. The experience of electronic voting has not been encouraging in the sense there have been many contested election results.
Delores Saltzman, Town of Ithaca, also spoke in support of the resolution entitled "Advocating a Voter-Verified Paper Trail in our Voting Machines and Other Amendments to the Help America Vote Act (HAVA) - Board of Elections." She commented that having free and fair elections is basic to our democracy and is a non-partisan issue. She distributed copies of a March 14 New York Times editorial concerning the latest primary election in Florida and a guest column she wrote for the Ithaca Journal. Her article supports national legislation to enhance the Help America Vote Act. She noted the Elections ___ Committee was appointed one year late, and it does not have enough staff.
Pete Myers, City of Ithaca, spoke in support of the resolution entitled "In Support of State Senate Bill 3291C - Passage of an Increase in the Minimum Wage" and urged the Legislature to approve it. He stated the State Assembly recently passed a bill and it is now being considered by the State Senate. However, he said Tompkins County's Senate representatives (Kuhl, Seward, and Nozzolio) are not "on-board" at this point and hopes passage of this resolution will increase the pressure on the three representatives. He commended the following small businesses in Tompkins County for supporting the minimum wage increase: Bangs Ambulance, Bangs Funeral Home, Shade Tree Auto, Small World Music, Blue Spruce Painting and Decorating, Cascadilla Tree Care, Greenstar Cooperative Grocery, Alternatives Federal Credit Union, and Sparks Electric.
C.J. Delvecchio, Realtor representing the Ithaca Board of Realtors, spoke on behalf of the realtors expressing opposition to increasing the mortgage tax. It is felt this is a step in the wrong direction for affordable housing.
Privilege of the Floor by Legislators
Ms. Robertson, District No. 13 Legislator, thanked Mr. Engman for mentioning the Section 8 issue under privilege of the floor and the Ithaca Journal for their coverage. However, she corrected a statement made that Senator Schumer's office said the proposal is a $1.6 billion cut in the Section 8 housing program. Ms. Robertson also reported on a meeting she attended at BOCES where the Assessment Department presented its fourth series of informational meetings to help explain the assessment process. She expressed her appreciation to the Assessment Department staff present and said they did a good job explaining and answering questions about the process. In addition, she announced that this Friday she has an appointment at the Red Cross shelter and Friendship Center and invited any Legislators who are interested to let her know. She also announced that March 22nd, 7:00 p.m., there will be a presentation called "Alternatives to Incarceration and Jail Expansion in Tompkins County and Where Do We Stand in 2004." The panelists include Chair Joseph, Judge Rowley, and Desiree Johnson. On April 25th in Washington D.C. the National March for Women's Lives will take place and if interested she has information to share.
Ms. Blanchard, District No. 1 Legislator, commented on the Alternatives to Incarceration and Jail expansion presentation and said that no members of the County's Public Safety Committee or any representatives of the Sheriff's Department were invited to attend the forum. She noted that she brought this to the attention of the organizers of the event.
Mr. Proto, District No. 7 Legislator, updated the Legislature on the universal fund fees on phone bills and reported that he received a letter from the Finger Lakes Library System in response to the material he sent from Senator Clinton pertaining to the $11 million available for local libraries. Out of the 31 libraries in the Finger Lakes Library System, 18 of them have opted out of applying for refunds as it is too complicated to apply. He will be forwarding this information to Senator Clinton who has been very helpful in trying to resolve this with the FCC.
Mr. Proto also commented on an article in the Ithaca Journal concerning a consumer protection issue pertaining to credit searches. There is software available now that permits checking credit reports of anyone. He is writing a letter to the Consumer Protection Agency concerning this issue.
Ms. Schuler, District No. 4 Legislator, made the following announcements:
? March 20, No Limits 2004 - 3 on 3 Basketball Tournament at Barton
Hall, Cornell University
? March 26, 9 a.m. to 4 p.m., free health fair at the Finger Lakes
Independence Center
Mr. Booth, District No. 3 Legislator, commented on an insert he read in the Ithaca Times entitled "Free Natural Tobacco" and the concerns with kids smoking. He spoke about his disappointment that the Ithaca Times would include an insert like this.
Mr. Lane, District No. 14 Legislator, reminded the Legislature and the public that today is Village election day and urged everyone to vote as many elections are contested.
Mr. Proto congratulated Michelle Pottorff, Deputy Clerk of the Legislature, for achieving an award at the State and National level in Washington. Ms. Pottorff coached two cheerleading teams from Candor to National recognition and was commended by the Legislature.
RESOLUTION NO. 47 - IN SUPPORT OF NEW YORK STATE SENATE BILL 3291C
- PASSAGE OF AN INCREASE IN THE MINIMUM
WAGE
MOVED by Ms. Herrera, seconded by Ms. Robertson. Ms. Herrera said support of this comes from within her heart because she has many memories of working minimum-wage jobs. She said many years ago it was possible to get by earning the little amount that minimum wage represented but that is not true today. Ms. Herrera stated passage of a raise in the minimum wage in New York State will be good for the State and it represents the most basic kind of economic development there is and that is the investment in people.
Ms. Kiefer noted this increase in the minimum wage would happen
gradually and that New York State would still be behind other states with
this increase. She said she feels it is very important that
the minimum wage be increased.
Mr. Lane stated it costs more to live in certain areas of New
York State and especially in Tompkins County. He stated there are
many people earning minimum wage and this increase will ease the burden
on Medicaid and other social services programs.
Mr. Totman disagreed with the previous comments. He said he believes an increase in the minimum wage will chase small businesses out of the State.
Mr. Winch said he began employment in the agriculture industry earning minimum wage. He stated there are many farm workers in Tompkins County that begin earning minimum wage and questioned whether the people in the produce industry can afford to pay more for wages.
Ms. Schuler stated there are people in Tompkins County who earning are less than $5,000 per year and noted if New York State were keeping up with inflation the minimum wage would be $8.72/hour instead of $5.15/hour. She expressed concern for the people who are working full-time jobs in Tompkins County who cannot afford to support their families.
Mr. Penniman said he supports this increase in the minimum wage and feels it is a disgrace that the minimum wage has not kept up with inflation.
A voice vote on the resolution resulted as follows: Ayes – 11; Noes – 3 (Legislators Todd, Totman, and Winch); Excused – 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, New York’s minimum wage currently stands at $5.15 an hour,
so that a full time minimum wage earner makes only $10,700 a year, which
is $4,112 less than the Federal Poverty Level, and
WHEREAS, the real value of today’s minimum wage is 40 percent below
its peak in 1968, and 24 percent below its level in 1979, and
WHEREAS, seventy-four percent of workers earning the minimum wage are
adults, and
WHEREAS, low-wage earners are disproportionately immigrants (25 percent
of the workforce, but 32 percent of the beneficiaries from a minimum wage
increase), of-color (34 percent of the workforce, but 43 percent of the
beneficiaries of a minimum wage increase) and women (49 percent of the
workforce, but 61 percent of the beneficiaries of a minimum wage increase),
and
WHEREAS, this effort will elevate full-time wage earners above the
poverty level wage, and
WHEREAS, a 1998 report by the Economic Policy Institute indicates that
the 1996 Federal minimum wage increase resulted in no measurable effect
on unemployment or inflation, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental
Quality Committee, That Tompkins County supports State Senate Bill 3291C,
which would raise New York State’s minimum wage to $7.10 an hour,
RESOLVED, further, That Tompkins County urges timely passage of this
bill in the 2004 legislative session.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 48 - AUTHORIZING 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. Booth, seconded by Mr. Winch. Ms. Kiefer stated her negative vote in the Facilities and Infrastructure Committee was not against this transfer, but because of the grammar in this resolution. A voice vote on the resolution resulted as follows: Ayes – 14, Noes – 0, Excused – 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, the County of Tompkins signed an agreement in 1986 with Alan
R. Chaffee to lease land for the construction of a General Aviation (GA)
maintenance hangar and said agreement is due to expire on December 31,
2006, and
WHEREAS, with County approval, the hangar was sold and the lease agreement
transferred to Innovative Dynamics, Inc., (IDI) on April 1, 1996, and
WHEREAS, IDI now wishes to sell its
interest in the hangar to East Hill Flying Club (EHFC) and that said EHFC
needs additional space for its expanding flight training activities, and
WHEREAS, EHFC has requested a 20-year
lease extension until December 31, 2026, to amortize the cost of acquiring
the hangar, and
WHEREAS, a public hearing was held before
the County Legislature on March 16, 2004, when all persons interested in
said lease transfer and lease extension were heard concerning same, now
therefore be it
RESOLVED, on recommendation of the Facilities
and Infrastructure Committee, That the current lease agreement with IDI
be transferred to EHFC on existing terms and conditions, that a 20-year
lease extension from January 1, 2007, until December 31, 2026, using 2007
prevailing rates for improved and unimproved land including annual increases
based on the Consumer Price Index (CPI) until the end of the lease term,
be approved and that the County Administrator be and hereby is authorized
to sign said lease transfer agreement between IDI and EHFC and execute
said lease extension with EHFC.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 49 - ADVOCATING A VOTER-VERIFIED PAPER TRAIL IN OUR VOTING MACHINES AND OTHER AMENDMENTS TO THE HELP AMERICA VOTE ACT (HAVA) – BOARD OF ELECTIONS
MOVED by Ms. Kiefer, seconded by Ms. Schuler. Ms. Kiefer stated this resolution was adopted by the Committee by a vote of 3-2 prior to this meeting. She clarified that there are some legislative bills in Congress with a small window of time that they might be acted upon and it was hoped that Tompkins County’s thought could be submitted in a timely fashion. She stated everyone received information from Larry Baum at the Computing Center explaining that there is really only one issue at hand with respect to direct recording electronic voting systems. That issue is that they much contain some type of printing device and create a voter-verified paper trail. He suggested the following language be considered for addition to the resolution: “Tompkins County will only purchase DRE voting machines with voter-verified paper trail printer technology installed”. She said this was not part of the resolution that was acted on by the Committee but could be offered as an amendment if anyone wanted to make a motion.
Mr. Penniman said it seems the more people become familiar with computers, the more concerns are raised about electronic voting as it now stands. Mr. Penniman referred to the fourth bullet under the first Resolved and suggested the wording be amended to read: “Requiring that all new voting systems meet these requirements in time for the general election in November 2004”. Ms. Robertson responded that the problem she sees with adding the word “new” to this bullet is that it would allow the machines that have already demonstrated that they have serious flaws be allowed to be used in 2004. She said her concern is that Congress hasn’t acted yet and Congressman Boehlert who represents much of Tompkins County, is Chair of the Committee through which this should come. At this point she would like to see this motion go through as quickly and loudly as possible and that it can receive a good hearing as soon as possible. Ms. Robertson said the foundation of democracy is everyone’s right to vote and have their vote counted. She noted this is very much a non-partisan issue.
Mr. Todd said he feels the current system is working well. He asked what this would cost Tompkins County. Ms. Kiefer said Tompkins County has no intention of purchasing HAVA machines at this time.
Mr. Totman said this does not affect Tompkins County or New York State and does not feel this Legislature should be recommending what other states should do.
Mr. Penniman said he is having trouble with the concept of other states doing something and telling them they have six months to redo it. He said this is the kind of mandate Tompkins County has been fighting against at some levels. He stated it does not seem realistic to him and although he understands this is an appropriate goal, he cannot support the resolution with the present language.
Mr. Proto said this is a serious matter and this Legislature is trying to amend the resolution in a short period of time. He suggested that this should be amended by some of the states that are having a problem with this. He stated while he would like to support this, he will not be able to support this given the short period of time on which to act and concerns he has with the language contained in the resolution.
Mr. Booth stated this resolution is advice to Congress and that Tompkins County is not writing legislation. He said he doesn’t think everything will be fixed by November but believes the message about requiring a paper trail in elections is extremely important.
Ms. Herrera called the question.
A voice vote resulted as follows: Ayes – 10, Noes – 4 (Legislators Todd, Totman, Proto, and Winch); Excused – 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.
Ms. Blanchard requested a short explanation of what HAVA requires and what will be expected of States in the next two to four years.
WHEREAS, in October 2002, Congress passed the Help America Vote Act
(HAVA), to help states replace antiquated and unreliable punch-card and
butterfly-ballot voting systems, and
WHEREAS, HAVA is having the unintended consequence of fueling a rush
by states, including New York, to purchase computer-voting systems that
may not have a paper trail so that voters and election officials can ascertain
that the computers are recording and counting votes properly, and
WHEREAS, various bills have been introduced in Congress, such as the
Holt/Graham bills, that address this concern but do not consider New York
State's situation, and
WHEREAS, voting should be an act of record and must allow an accurate
recount of ballots, and
WHEREAS, a recount requires that there be a reliable record to check,
but without an actual paper record that each voter can confidentially inspect,
faulty or hacked computer systems will simply reproduce the same faulty
or hacked result, and
WHEREAS, errors with new Direct Recording Electronic (DRE) voting systems
have been demonstrated in elections in 2002 and 2003, where brand new computer
voting systems used in Florida lost over 100,000 votes due to a software
error, and other irregularities were reported in New Jersey, Missouri,
Georgia, Texas, and at least 10 other states, and
WHEREAS, the current HAVA law does not protect the integrity of our
elections against computer malfunction, computer hackers, or any other
potential irregularities, and
WHEREAS, lever voting machines do not have the flaws of punch-card
and butterfly-ballot systems, now therefore be it
RESOLVED, on recommendation of the Consumer and Community Affairs Committee,
That this Legislature wants every vote in every election to be accurately
recorded and counted by:
RESOLVED, further, That this Legislature requests that HAVA be amended
in accordance with the above-bulletted list in a timely manner so that
New York State will have sufficient time to receive Federal monies and
purchase appropriate equipment,
RESOLVED, further, That notwithstanding any other provision of
law, New York State and any other state that uses lever machines may continue
to use them in the 2004 general election,
RESOLVED, further, That a copy of this resolution be sent to President
George W. Bush, Senators Schumer, Clinton, and Graham, Congressmen Boehlert,
Hinchey, Houghton, and Holt, Governor George Pataki, State Senators Bruno,
Kuhl, Seward and Nozzolio, and State Assemblymembers Silver and Lifton.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 50 - REQUESTING THAT THE STATE LEGISLATURE APPROVE AN AMENDMENT TO THE TAX LAW PERMITTING TOMPKINS COUNTY TO COLLECT AN ADDITIONAL MORTGAGE RECORDING TAX FOR TRANSPORTATION USES
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Mr. Totman said he feels this resolution will chase people out of Tompkins County. Ms. Kiefer said this resolution says the additional Mortgage Recording Tax will be used for transportation purposes. While she originally thought that was a good idea, she no longer supports that type of use and feels this additional revenue, which is already included in the 2004 budget, should be placed in the General Fund.
Ms. Robertson asked Mr. Marx, Deputy County Administrator, to summarize the information contained in his memo to the Legislature. Mr. Marx said serious concerns were raised relative to the impact this would have on first-time homebuyers or low-income home purchasers. He said the best estimates show that of the approximately 800 home sales per year in Tompkins County, 40 percent are first-time homebuyers and 20 percent are to households with incomes under $45,000. Taking those numbers into account and using an average home price of $100,000, Mr. Marx said the actual tax that would be collected would be small relative to the total income this is expected to generate. He said if there was a way to help those first-time homebuyers offset the cost, that would be a small expense in relation to the income generated.
Mr. Winch said he has received a tremendous amount of phone calls concerning this and has expressed concern in the past about trying to keep a lot of the people who would be purchasing the lower-priced homes in this County instead of driving them to other counties. He said many of these homes need a lot of work and people need funds to afford repairs and maintenance of these homes. Mr. Winch said these are the people who volunteer in their communities in many ways and thinks the amount of income derived from this is minimal to the amount of service these people provide to the communities within Tompkins County.
Mr. Todd said this would affect nearly 700 properties in Tompkins County and he objects to singling out a specific small group of people with a particular tax.
Ms. Kiefer said there is at least one piece of legislation in the State Assembly that would exempt the first $50,000 of residential properties from the Mortgage Recording Tax.
Mr. Penniman said he supported an amendment in the Budget and Capital Committee to exempt the first $100,000 of all mortgages; however, that did not pass. He stated he doesn’t see a huge difference between this and the property tax. He said the “upfront” costs can be a barrier to purchasing or refinancing a home.
Ms. Herrera said her position on this has changed and wanted this opportunity to explain why. She stated when this was first proposed the motion was to help TCAT out because it was in dire straits. While TCAT is still in need of help and there are issues that will need to be addressed on that front, she said she has never been contacted by people on any other issue as much as this one and she has heard the message over and over again that this is an unfair tax. Ms. Herrera said in talking with people in her district she has heard serious concerns about the burden this would place on residents; therefore, she will not support the resolution.
Mr. Booth said he will support this resolution because he thinks the County has to diversify its revenue streams. These funds would be dedicated to TCAT and although this is a tax on property he does not see it as being the same as real estate taxes. Mr. Booth said real estate taxes do not relate to a person’s ability to pay. Mortgage taxes do at the moment an individual obtains or refinances a mortgage. He said he also believes dedicating funds to a specific purpose would be advantageous for transparency reasons.
Mr. Lane said he feels this is the wrong tax at the wrong time. He said it places too great a burden on too small of a segment of the population.
Ms. Robertson said she has been spending, along with other legislators and staff people, a lot of extra time already this year looking for ways to cut the budget and find funds outside of Tompkins County. She said there is a tremendous amount of work going on with a variety of organizations across Tompkins County on ways to cut the budget. Ms. Robertson said she is convinced by Mr. Marx that there are ways to mitigate the impact this will have on low-income and first-time homebuyers. She stated she will vote against this resolution because she believes these funds should be placed in the General Fund. She noted Tompkins County has always had the authority to collect this but has deferred it and that it is in lieu of the property tax.
Mr. Proto said he agrees with Legislators Booth and Robertson. He said if someone cannot afford to pay the fee, they should not be buying a home. Mr. Proto said there are homes in Tompkins County that are selling well into six figures that would also pay this tax. He said he sympathizes with the comments about first-time homebuyers, however, there are many programs currently in existence that Tompkins County has generously supported over the years. He said he believes the County needs to have alternative funding streams and he will support this resolution.
Ms. Blanchard said she will not support this resolution or another resolution to place income from a Mortgage Recording Tax in the General Fund. She stated she has been a part of the TCAT partnership since the County entered into the consolidation agreement in 1997. She said when this tax was originally proposed it was brought forth by her as a way to reduce the cost of public transit to the partnership. She said when it became a County tax that would not be shared within the partnership it changed things for her and it has now become a matter of business ethics. She stated the way it is now being proposed would definitely undercut the principles agreed to in the consolidation agreement and can no longer support the Tax.
A roll call vote resulted as follows: Ayes – 3 (Legislators Booth,
Koplinka-Loehr, and Proto); Noes – 11; Excused – 1 (Legislator McBean-Clairborne).
RESOLUTION FAILED.
WHEREAS, the provision of transportation services including mass
transportation enhances the health, safety and welfare of the residents
of Tompkins County, and
WHEREAS, the cost of providing these transportation services
has increased and continues to burden the County budget, now therefore
be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That the Tompkins County Legislature endorses an amendment to Subdivision
1 of Section 261 of the Tax Law to permit the County to collect this additional
.25 percent mortgage recording tax and use the revenues for transportation
purposes,
RESOLVED, further, That the County urges the New York State Legislature
to amend the tax law accordingly.
SEQR ACTION: TYPE II-20
Presentation – Tompkins Cortland Community College
Carl Haynes, Tompkins Cortland Community College (TC3) President, presented the Legislature with the 2002-2003 Annual Report of TC3. In his report, Mr. Haynes outlined the goals of the College as well as critical success areas and major objectives for 2003-2004. A copy of the annual report is on file in the Legislature Office.
Distinguished Youth Award
Mr. Joseph stated today is his opportunity to present the Distinguished Youth Award; however, the recipient is not in attendance this evening. He read the accomplishments of Tish Williams and the reasons he selected her to receive the Distinguished Youth Award. He congratulated Ms. Williams on her accomplishments in overcoming tremendous personal hardships and said he would see that she receives her award.
Chair's Report
Mr. Joseph reported on a special meeting he attended with representatives of each of the three TCAT partners. Mr. Joseph said representing the County at the meeting was Jonathon Wood, County Attorney, and Legislators Kathy Herrera and Barbara Blanchard, both on the TCAT Board. He said it was a positive meeting because issues he believes have been blocking progress were put out on the table. Although they were not resolved, work has begun on them. One of the subjects discussed was the issue of TCAT seeming to move down a direction without the backing of the partners (e.g., reorganizing to a new structure). Mr. Joseph said there has been much discussion of what is the best structure and why; however, the County Legislature and City Common Council have not been part of those discussions. The Executive Committee of TCAT is currently working on a presentation for both of those bodies that: lays out the problems that need to be solved and why reorganization is a solution, what the options are for reorganization, what the pros and cons of reorganization are, what recommendations are being made, and what is desired of both the Legislature and Common Council. Mr. Joseph said union issues were also discussed because when TCAT moved to a public authority last year it was blocked in the State Assembly by the unions involved. He said the meeting was positive and showed progress is being made.
Mr. Joseph announced a Public Transit Safety Board meeting will be held tomorrow and some representatives will be attending that meeting via conference call to present what progress has been made. They will be told what the TCAT Board is proposing and will also hear of the need for endorsement by County Legislators and Common Council.
Mr. Booth said he was not aware there have been any problems with the way the TCAT Board has been functioning and stated he feels the way it has operated has been positive and moving in the right direction. Mr. Winch stated the three TCAT partners are very diverse and it is incredibly difficult because they are different in their composition and needs. He stated time has been taken to collectively bring all entities "on board" but was not aware that there have been problems.
Mr. Joseph stated his reference to problems were related to the TCAT's efforts to restructure. He said these efforts began a couple of years ago and in an objective sense, are not currently any further along. He said the TCAT Board proposed a public authority and a Mortgage Tax to help fund it and this body rebelled against some aspects of the Mortgage Tax. The State Legislature did not pass the public authority and when that happened questions began to be raised by members of both this Legislature and Common Council. Concerns were expressed relative to how TCAT could move to a public authority without two of the partners agreeing to turn TCAT over. He stated although this Legislature adopted a resolution endorsing this, it didn't happen and this is a new year. Mr. Joseph said he believes that if another attempt is going to be made, another endorsement should be given. He stated Common Council never passed a resolution endorsing this and feels it is crucial to obtain a statement from the partners who are giving up their ownership when an organization is being turned into something else.
Ms. Blanchard, Chair of the TCAT Board, said she did not agree with Mr. Joseph's characterization of the situation. She said none of the three partners have asked to give up any ownership of TCAT and stated they would have been integral members of the board of directors of the public benefit corporation. She stated an attempt was made to flush out questions when the budget presentation was made last July at the Human Services Building at which this Legislature, Common Council, and the TCAT Board was invited. Ms. Blanchard said she believes this is a situation where there have been many changes in who has been involved as a result of personnel changes and elections to Common Council. She stated a great amount of support is needed but she hopes they can begin to move forward.
Report from the County Administrator
Mr. Whicher reported a subgroup of this Legislature met to consider ways to approach Cornell University to establish and improve cooperation and mutual gains. He said the following areas were identified: Airport, Health Department topics, affordable housing, and COMCAP. Mr. Whicher reported he and Mr. Marx met with Mr. Gutenberger, Barbara Krauss, and Gary Stewart from Cornell last week and had a very positive exchange of ideas
Mr. Whicher also reported the mutual gains with municipalities is moving forward with a highway meeting to be held this week. He complimented and thanked Heather Stewart from his Office for doing a fantastic job coordinating these meetings.
Report from the County Attorney
Mr. Wood reported the County has closed on the Pinnacles property, and received a check from Cornell.
Report from the Finance Director
Mr. Squires also spoke of the Pinnacles property and stated the County lost $6,500 on the transaction which was primarily because it took so long. He reported a successful bond anticipation note sale took place last week and the County achieved what he believes is the lowest rate in County history. The County received a rate of 1.028 on a $6.5 million one year note. He said there were six bidders and the successful bidder was Commerce Capital markets. Mr. Squires reported on sales tax for February and stated the County's receipts were over budget, bringing the sales tax total for the first two months of 2004 to 15 percent over last year. He announced the auditors will be in Tompkins County through April 15.
Recess
Chair Joseph declared recess from 7:38 p.m. to 7:50 p.m.
Withdrawal of Resolution(s) from the Agenda
There were no resolutions withdrawn from the agenda.
Addition of Resolution(s) to the Agenda
There were no resolutions added to the agenda.
Approval of Resolution(s) Under the Consent Agenda
RESOLUTION NO. 51 - APPROVE REVISIONS OF BYLAWS OF THE TOMPKINS COUNTY HILLVIEW ROAD LANDFILL CITIZENS ADVISORY COMMITTEE
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Hillview Road Landfill Citizens Advisory Committee
(HRLCAC) was created by Resolution No. 497 of 1990 to advise the appropriate
committee of the County Legislature on matters relating to the planning
and design phases, operation, maintenance, closure, and post-closure monitoring
of the landfill, including neighborhood impacts, and
WHEREAS, the landfill has been in the post-closure phase since 1992,
and
WHEREAS, the responsibilities of the Hillview Road Citizens Advisory
Committee are now much less demanding and time-consuming, and can be accomplished
by a smaller membership, with less frequent meetings, now therefore be
it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the Hillview Road Citizens Advisory Committee membership be reduced
from 7 to 5 members as follows:
2 members to represent the neighborhood of the landfill site, nominations for which may come from the Danby Town Board, neighborhood citizens, or County Legislators,
1 County Legislator representing and serving as liaison to the
appropriate Legislative committee, and
2 members of the public at large, nominations for which may come
from any source,
RESOLVED, further, That the Hilllview Road Landfill Citizens Advisory
Committee Bylaws as amended to reflect these changes be approved,
RESOLVED, further, That a copy of the bylaws shall be kept on file
with the Clerk of the Legislature.
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RESOLUTION NO. 52 – AUTHORIZATION TO CONTRACT WITH TOMPKINS COUNTY AREA DEVELOPMENT FOR TOURISM CAPITAL GRANTS PROGRAM
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the County has provided funding for tourism entirely
from the Room Occupancy Tax account, and the County Legislature appoints
members to the Strategic Tourism Planning Board (STPB) to make recommendations
concerning expenditures from that account, and
WHEREAS, the Tompkins County Legislature approved an increase
in the Room Tax in 2001 to support the development of tourism products
and attractions, among other objectives, including the funding of feasibility
studies, seed money or funding for tourism capital projects, and
WHEREAS, the STPB also recognizes the need to encourage the
development of tourism products and attractions through the Tourism Capital
Projects Grant Program, in order to increase the tourism business in the
County, and to increase the income from the Room Occupancy tax, and
WHEREAS, the STPB has recommended that Tompkins County Area
Development (TCAD) administer the Tourism Capital Projects Grants process
that has a program budget of $110,000 for 2004, and
WHEREAS, STPB will be responsible for recommending grants from
this program to the Planning, Development and Environmental Quality Committee,
and TCAD will administer the application process, will review and analyze
the feasibility and economic impact of a project, and will provide oversight
for each project, now therefore be it
RESOLVED, on recommendation of the Planning, Development and
Environmental Quality Committee, That the County Administrator or his designee
is authorized to sign any related agreements with TCAD pertaining to this
program,
RESOLVED, further, That, of the total program amount of $110,000, $11,000
(10 percent of program expenditures) shall be paid to TCAD for administrative
evaluation and oversight services,
RESOLVED, further, That the Planning, Development and Environmental
Quality Committee or its successor is authorized to recommend expenditures
be made from this Program Account, with the understanding that such expenditures
shall be subject to the approval by the Tompkins County Legislature.
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RESOLUTION NO. 53 - APPROVAL OF CONTRACT WITH TOMPKINS COUNTY AREA DEVELOPMENT FOR TOURISM PROGRAM ENHANCEMENT
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the County has provided funding for tourism entirely
from the Room Occupancy Tax account, and the County Legislature appoints
members to the Strategic Tourism Planning Board (STPB) to make recommendations
concerning expenditures from that account, and
WHEREAS, the Room Tax budget dedicates a portion of collections
to tourism product development including funding of feasibility studies
for capital projects that attract visitors, and
WHEREAS, the STPB wishes to investigate the feasibility of a wine center,
and the Ithaca Downtown Partnership offered to champion the creation of
a business plan study for a wine center that may include a cultural and
entertainment center, and possibly a restaurant and theatre, which could
become a major tourism attraction, and
WHEREAS, Tompkins County Area Development (TCAD) will be responsible
for oversight of the feasibility study, and
WHEREAS, the study will cost a maximum of $10,000, and the Ithaca
Downtown Partnership committed up to $5,000 (one-half) to support
the study, and
WHEREAS the concept for a study has been reviewed and recommended by
the STPB for the use of room tax to cover up to one-half of the expense
not to exceed $5,000, and this will be monitored by TCAD, now therefore
be it
RESOLVED, on recommendation of the Planning, Development, Environmental
Quality Committee, That the County Administrator or his designee is authorized
to execute an agreement with TCAD for the wine center study completion
for up to $5,000.
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RESOLUTION NO. 54 - APPROVAL OF BYLAWS OF THE TOMPKINS COUNTY
AGRICULTURAL AND FARMLAND PROTECTION
BOARD
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Tompkins County Agricultural and Farmland Protection
Board bylaws have been revised, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and
Environmental Quality Committee, That the bylaws for the Tompkins County
Agricultural and Farmland Protection Board be and hereby are approved,
RESOLVED, further, That a copy of the bylaws shall be kept on
file with the Clerk of the Legislature.
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RESOLUTION NO. 55 - ACCEPTANCE OF A GRANT FROM NATIONAL CENTER FOR SENIORS’ HOUSING RESEARCH FOR AN “ASSISTIVE TECHNOLOGY AND AGING IN PLACE INITIATIVE” - OFFICE FOR THE AGING
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Office for the Aging has as its mission to assist seniors
to remain in independent living as long as possible and appropriate, and
WHEREAS, there exists a wide range of assistive devices in the market,
and
WHEREAS, the number of individuals needing these devices continues
to rise, and
WHEREAS, the Office for the Aging has been awarded funding from the
National Center for Seniors’ Housing Research for the period of April 1,
2004, through March 31, 2005, to develop a resource center of assistive
devices and the outreach and public information to insure maximal utilization
of those devices, now therefore be it
RESOLVED, on recommendation the Health and Human Services Committee,
That the County hereby accepts this grant of $14,850,
RESOLVED, further, That the Finance Director is authorized to
make the following adjustments to his books:
Revenue: 6786.42770 Other Miscellaneous Revenue $14,850
Appropriation: 6786.54491 Sub contracts
$14,850
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Appointment(s) Approved Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:
Youth Services Board
Dr. Jeffrey D. Bishop - At-large representative; term expires December
31, 2005
Earl J. Westbrook - Village of Lansing representative; term expires
December 31, 2006
Library Board of Trustees
Barbara Page - Term expires December 31, 2006
Thomas B. Colbert - Term expires December 31, 2006
Mary Kane Trochim - Term Expires December 31, 2005
Rajindra Aneja - Term Expires December 31, 2006
Agricultural and Farmland Protection Board
Jamie Baker - Farmer representative; term expires December 31, 2004
Criminal Justice Advisory/Alternatives to Incarceration Board
Olan E. Mack - Offender Aid and Restoration representative; term expires
December 31, 2006
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Booth, Chair, reported that all Legislators will be receiving an invitation to a joint meeting of the Facilities and Infrastructure, Budget and Capital, and Planning, Development and Environmental Quality Committees to be held on March 30 at 3 p.m. to hear a presentation on the Ithaca Tompkins Regional Airport.
RESOLUTION NO. 56 - URGING FOR MAINTENANCE OF AND INCREASE IN CRITICAL MARCHISELLI HIGHWAY AND BRIDGE FUNDING - HIGHWAY DEPARTMENT
MOVED by Mr. Booth, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present.
WHEREAS, the Marchiselli Funding Program is the State component of a
successful Federal, State, Local partnership delivering transportation
improvements on the local highway system, and
WHEREAS, the Federal Transportation Program has grown over the past
five (5) years and the number of Federal Aid projects sponsored by local
governments has increased over the past five (5) years, and
WHEREAS, the Governor's Executive Budget submission to the State Legislature
holds Marchiselli funding static at $40 million, and
WHEREAS, Marchiselli Funding has not increased in the past five (5)
years, and
WHEREAS, the Marchiselli program has not kept pace with the Federal
Transportation Program, resulting in delays of state matching funds or
eligible portions of projects not receiving state matching funds, and
WHEREAS, the New York State Association of Counties is strongly urging
the State Legislature to increase this critical funding to a level consistent
with the level of locally sponsored projects listed on the current Statewide
Transportation Improvement Program (STIP), and
WHEREAS, the New York State Association of Counties is strongly urging
the Governor and the State Legislature to increase Marchiselli program
funding during the 2004 legislative session, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the Tompkins County Legislature endorses and requests State approval
of the Marchiselli funding during the 2004 legislative session, and urges
the Governor and our elected representatives in the State Senate and Assembly
to support this legislation,
RESOLVED, further, That copies of this resolution be sent to Governor
George Pataki, Senator James L. Seward, Senator John R. Kuhl, Senator Michael
Nozzolio, and Assemblywoman Barbara Lifton.
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RESOLUTION NO. 57 - URGING RESTORATION OF FULL FUNDING TO THE CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS)
MOVED by Mr. Booth, seconded by Mr. Winch, and unanimously adopted by voice vote by members present.
WHEREAS, local governments are responsible for eighty-five percent (85%)
of the State's 100,000 miles of roadways, and are also responsible for
fifty percent (50%) of the State's 18,000 bridges, and
WHEREAS, in the adopted State budget for 2001/2002 the State eliminated
$35,000,000 in county/New York City (NYC) CHIPs funding, and
WHEREAS, the 2003/2004 adopted State budget restored the $35,000,000
in county/NYC CHIPs funding, and
WHEREAS, because of the restored funds, county highway departments were
able to repair important components of the local transportation system,
and purchase necessary highway equipment and materials, and
WHEREAS, the proposed 2004/2005 Executive Budget Proposal again eliminates
the $35,000,000 for county/NYC CHIPs funding, including a total of $276,000
for Tompkins County, and
WHEREAS, CHIPs is a unique form of a block grant in transportation
financing providing critical transportation funding to over 1,600 units
of local government in New York State, and
WHEREAS, the New York State Association of Counties is on record urging
the State legislature to restore these important economic development and
safety funds, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the Tompkins County Legislature joins with New York State Association
of Counties in urging the State to index these funds as part of the State's
multi-year capital plan so that local governments can budget and properly
plan to address the deficiencies in the local transportation system,
RESOLVED, further, That the Tompkins County Legislature endorses and
requests State approval of CHIPs funding for 2004/2005, and urges the Governor
and our elected representatives in the State Senate and Assembly to support
this legislation,
RESOLVED, further, That copies of this resolution be sent to Governor
George Pataki, Senator James L. Seward, Senator John R. Kuhl, Senator Michael
Nozzolio, and Assemblywoman Barbara Lifton.
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RESOLUTION NO. 58 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY - HIGHWAY DIVISION
MOVED by Mr. Booth, seconded by Mr. Lane. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, the Highway Division had one employee retire effective
December 30, 2003, and
WHEREAS, the Fiscal Policy of Tompkins County allows for terminal
pay replacement from the Contingent Fund, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
and Budget and Capital Committees, That the Director of Finance is hereby
authorized and directed to make the following budget appropriations:
FROM: A1990.54440 Contingent Fund $7,581.46
TO: D33110.51000813 Salary - Sign Mechanic $7,581.46
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Report from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, reported the Committee met on March 3 and
heard a report from the Strategic Tourism Planning Board. That report
included information on Light in Winter, which was a success that exceeded
all expectations. The Committee heard from Scott Wiggins that the
wine center study topic was raised again recently by the Ithaca Downtown
Partnership. Ms. Herrera said the Committee also heard a report from
Mr. Lane, Chair of the Industrial Development Agency, on the tax abatement
policy. A brief meeting was held prior to this Legislature meeting
to consider a resolution that appeared on this evening's agenda and another
that will come before this body as a member-filed resolution. The
next meeting will be April 7 at 2:30 p.m.
Report from the Consumer and Community Affairs Committee
Ms. Kiefer, Chair, reported the Committee met on March 4 and heard an extensive presentation from Stuart Stein on the Municipal Electric and Gas Alliance and his thoughts on how municipal utility ideas might apply to Tompkins County. There was also a discussion with the Board of Elections on what centralization of equipment would cost. Ms. Kiefer said if voting machines were centralized in Tompkins County and needed transportation to polling places, it would cost approximately $224,000 for a presidential election and $160,000 for a general election. She stated there is no clarity yet as to whether any of this could be charged back to the towns. The Committee also heard an annual report from Weights and Measures; the only consumer complaint that seems to persist involves the sale of firewood.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Legislature retreat will be held on April 27 from 6 p.m. to 9:30 p.m. at a location yet to be determined. He said he has provided the Legislature with a summary of the recommendations the Community Advisory Panel has come up with. That group will hold a retreat on March 18 to focus and prioritize some of those areas. Mr. Koplinka-Loehr said at the last Committee meeting there was extensive discussion relating to how this Legislature will provide guidelines to the County Administrator on the budget. This will be one of the subjects that will be discussed at the Legislature retreat. The Committee also discussed changing the way pay increases are funded in years when there are salary negotiations and have recommended to set aside a separate pool in the Contingent Fund for all pay increases so that department heads will not have to guess what level to budget for increases. Mr. Koplinka-Loehr reported the Committee also discussed whether or not to include employee names in resolutions appropriating funds for terminal pay and are recommending that those names not be included. There was discussion about early retirement and the local option that is presently available. Because there would not be a significant savings, Tompkins County will not be participating in that local program this year. At the next meeting the Committee will consider a new policy that will align the reclassification policy with the current practice.
Ms. Robertson said the Budget and Capital Committee has been doing a lot of substantive work this year and would like an opportunity for Legislators to be brought up-to-date on the work and discussions that have taken place.
RESOLUTION NO. 59 - ACCEPATNCE OF 2005 BUDGET CALENDAR
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman. Mr. Koplinka-Loehr highlighted the changes that are embedded in the revised calendar.
- The Fall budget process no longer includes the line-by-line fiscal
review by program committee
- Legislators and department heads are being asked to bring policy/priority
questions to program committees before departments begin to construct budget
submissions.
- Departments are being asked to submit budgets one month later to
give them time to analyze the impacts of the State budget and to have these
discussions. Mr. Koplinka-Loehr said he will be communicating with
program chairs what it is he wants them to do to lead up to those discussions.
Mr. Koplinka-Loehr said a great amount of information and details
will be discussed during the Legislature retreat on April 27th. In
response to concerns expressed by Ms. Robertson relating to the involvement
of program committees, Mr. Koplinka-Loehr said committees can communicate
with department heads and incorporate discussions into their agendas.
It was MOVED by Ms. Robertson, seconded by Mrs. Schuler, that the calendar be amended to include language stating program committees be included in receiving reports from departments during the month of April.
Mr. Joseph stated this discussion raises a concern with him about passing a resolution setting the budget schedule which is something that has not been done in the past. He also expressed concern with passing a resolution that sets dates and times because once adopted, only the full Legislature can change it.
Mr. Penniman said he supports the changes and feels making the fall process shorter will ease the burden on staff. He said it also makes sense to begin the process earlier, especially when there may be drastic changes that need to be made.
Ms. Kiefer said she would prefer that a budget calendar containing specific dates not be adopted by this Legislature.
Mr. Joseph noted this resolution does not set the budget schedule "in stone", but accepts the concept of the new budget process calendar.
A voice vote on the amendment resulted as follows: Ayes - 3 (Legislators Kiefer, Proto, and Robertson); Noes - 11; Excused - 1 (Legislator McBean-Clairborne). MOTION FAILED.
A voice vote on the original resolution resulted as follows: Ayes - 10, Noes - 4 (Legislators Kiefer, Proto, Schuler, and Totman); Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, Tompkins County wishes to take steps to align its budget
calendar with the standard set by New York State law, and
WHEREAS, a revised budget calendar will shorten the administrative
budget process by one month; will encourage program committees to review
policy matters earlier in the year; and will allow more time for Expanded
Budget Committee reviews, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That the proposed 2005 budget calendar dated March 10, 2004, be accepted.
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RESOLUTION NO. 60 - SETTING FORTH THE INTENTION OF THE TOMPKINS COUNTY LEGISLATURE WITH REGARD TO ADDITIONAL FUNDS RECEIVED AS A RESULT OF AN INCREASE IN THE MORTGAGE TAX
MOVED by Koplinka-Loehr, seconded by Mr. Booth. A roll call vote resulted as follows: Ayes - 2 (Legislators Booth and Koplinka-Loehr); Noes - 12; Excused - 1 (Legislator McBean-Clairborne). RESOLUTION FAILED.
WHEREAS, the Tompkins County Legislature has requested that the
New York State (NYS) Legislature amend the NYS Tax Law §261 as it
relates to distribution of taxes collected under NYS Tax Law §253(2)(a),
and
WHEREAS, the Tompkins County Legislature desires to set forth
its intention with regard to the use of such funds, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That the mortgage tax funds collected under NYS Tax Law §253(2)(a)
shall be allocated in the Amended Tax Law §261 as follows: "The funds
will be used to pay Tompkins County’s and the City of Ithaca’s shares of
their joint mass transportation project (currently operated as the joint
venture known as Tompkins Consolidated Area Transit under General Municipal
Law §119 (s)(1) provision of the mass transportation, in the County
of Tompkins) or its successor in interest, pursuant to an agreement to
be reached between the County and City of Ithaca, and, thereafter, any
additional funds will be used for County transportation services which
can include, roads, bridges, highways, and airport and public transit services.”
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Report from the Government Operations Committee
Mr. Lane, Chair, reported the Committee will meet on March 18th at 2 p.m. At that meeting there will be discussion on the subjects of the County Executive concept and the assessment process.
Report and Presentation of Resolution(s) from the Communications Capital Projects Committee
Mr. Penniman, Chairman, reported the Committee will meet on March 18th at 10 a.m.
RESOLUTION NO. 61 – COMMITMENT TO INTEROPERABILITY STANDARDS FOR THE PUBLIC SAFETY COMMUNICATION SYSTEM PROJECT (PSCS)
MOVED by Mr. Penniman, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present.
WHEREAS, Tompkins County is committed to the replacement of the
current communication system in use by public safety (fire, EMS, and police)
officials and other government agencies countywide, and
WHEREAS, the proposed method of accomplishing this objective
is the construction and operation of a wireless public safety communication
system using 800 Mhz frequencies that Tompkins County has been granted
by the Federal Communications Commission, and in cooperation with the proposed
New York Statewide Wireless Network system, and
WHEREAS, Resolution No. 57 of 2001 identified the project goals
as: (1) maximize coverage and balance the level of service to meet the
communication needs of the County's public safety community, (2) minimize
the economic cost to the County through public/private partnerships and
the effective use of funding opportunities, and (3) minimize the
environmental impact of the project on the County and the infrastructure
necessary to the greatest extent possible; and also committed the County
to collaboration with municipalities on tower siting, and
WHEREAS, interoperability issues have plagued critical communications
for years, and are increasingly critical as the County’s antiquated systems
continue to degrade, affecting emergency communications between and among
state agencies, county agencies, local fire and law enforcement, emergency
relief organizations, private entities (e.g., colleges, ambulance services,
transit authority), and municipalities, and
WHEREAS, the County’s Emergency Management Plan, adopted in 2003,
identifies the current communication system as the largest vulnerability
and greatest impediment to an effective response effort in the event of
an emergency due to its age and lack of interoperability, and
WHEREAS, there is a significant need for interoperability among all
the local governments, emergency response agencies and organizations that
have delegated responsibilities through the County's Comprehensive Emergency
Management Plan, now therefore be it
RESOLVED, on recommendation of the Communications Capital Projects
Committee, That the Tompkins County Public Safety Communication System
will incorporate interoperability, defined as the ability of public safety
personnel in different agencies or jurisdictions to communicate with each
other by radio, as a fundamental requirement of the Public Safety Communications
System that shall be incorporated into the design and implementation of
the system.
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Report from the Space Needs and Location Committee
Mr. Proto, Chair, reported the Committee met on March 10 and continued to polish the draft report that will be presented to the Legislature. A joint meeting has been scheduled on March 23 at 2 p.m. with the Government Operations and Facilities and Infrastructure Committees to review the report. He stated the Committee continued work on the 2004 work plan and have expanded the next steps from 2005 through 2008. The next meeting will be April 14.
Report and Presentation of Resolution(s) from the Health and Human Services Committee
Ms. Robertson, Chair, reported the Committee met on March 10 and heard a report from the Advocacy Center, which has taken over sexual assault services from C.V.S.A. Nancy Zahler, Director of Youth Services, presented the Department's annual report for 2003. They served 1,800 youth in 2003; this is down from 2,800 five years ago. Ms. Robertson said this is a direct result of budget cutbacks. At the meeting the Committee also heard an update on the Mental Health Commissioner search process and had a discussion of Committee goals.
RESOLUTION NO. 62 - AUTHORIZATION TO ACCEPT GRANT AND CONTRACT WITH YOUTH ADVOCACY PROGRAM FOR SINGLE POINT OF ACCOUNTABILITY (SPOA) COORDINATORS SERVICES - DEPARTMENT OF SOCIAL SERVICES
MOVED by Ms. Robertson, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present.
WHEREAS, when a Tompkins County youth is identified as being at risk
of institutional placement or of needing support to safely remain in his
or her home or community, the Department of Social Services works in concert
with those youths, their families, and with other government and community
agencies, to identify and arrange for delivery of that support, and
WHEREAS, this consensus-based process, called the Single Point of Accountability
(SPOA) process, has led consistently to more thorough and effective assessments
and care plans for the youths in question, and
WHEREAS, the participant youths, families, and agencies agree that
these team meetings are highly valuable and effective, and
WHEREAS, the Department of Social Services has found it increasingly
challenging to free internal resources to coordinate and provide material
supports for these meetings, and
WHEREAS, New York States Office of Children and Family Services has
awarded the Department of Social Services funding of $7,594 in TANF funding
to cover 100 percent of the cost of contracting with the Youth Advocacy
Program to provide a Single Point of Access (SPOA) Coordinator for Persons
In Need of Supervision (PINS) aged 16 and 17, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee,
That the Department of Social Services is authorized to accept the aforementioned
grant and to contract with the Youth Advocacy Program for provision of
a SPOA Coordinators services for the period April 1, 2004, through March
31, 2005, and shall continue only for as long as the funding is provided
by New York State,
RESOLVED, further, That the Director of Finance is hereby authorized
to make the following adjustment to the 2004 budget of the Department of
Social Services:
Appropriation: 6010.54442 Professional Services
$7,594
Revenue: 6010.54610 Federal: TANF $7,594
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Report and Presentation of Resolution(s) from the Public Safety Committee
Ms. Blanchard, Chair, reported the Committee met on March 4 at which she provided a report on her meeting with the Commission of Correction. She stated she will provide all Legislators with a copy of her written report. The next Committee meeting will be March 30 and will be dedicated to discussion of the building project.
RESOLUTION NO. 63 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICE - PROBATION AND COMMUNITY JUSTICE DEPARTMENT
MOVED by Ms. Blanchard, seconded by Mr. Booth, and unanimously adopted by voice vote by members present.
WHEREAS, the Probation and Community Justice Director has been notified of a grant award from the New York State Division of Criminal Justice Services in the amount of $44,500 and referred to as the STOP grant, and
WHEREAS, the STOP grant represents a collaborative effort between
Tompkins County, Cayuga Medical Center, The Advocacy Center of Tompkins
County, and Cornell University Police Department, and will fund the Sexual
Assault Nurse Examiner (SANE) program, Rape Aggression Defense Training,
and a lock change program for victims of domestic violence and sexual assault,
now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That
the County accept the STOP grant of $44,500 to be used for the purpose
of the aforementioned campaign and continue only for as long as the funding
is provided by New York State, and the County Administrator or his designee
execute all contracts related to this award,
RESOLVED, further, That the Director of Finance is directed to
make the following adjustments to his books for 2004:
BUDGET ADJUSTMENT:
Revenue: A3996.43389 State Aid $44,500
Appropriation: A3996.51000 Payroll $ 5,000
A3996.58800 Fringes $ 1,950
A3996.54332 Books $
100
A3996.54442 Professional Services $37,450
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RESOLUTION NO. 64 - AUTHORIZATION TO ACCEPT A GRANT FROM THE STATE OF NEW YORK GOVERNOR'S TRAFFIC SAFETY COMMITTEE FOR THE IMPAIRED DRIVING DETERRENCE PROGRAM
MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present.
WHEREAS, Tompkins County STOP-DWI Program applied for grant monies
from the New York State Governor's Traffic Safety Committee in the amount
of $37,162.20 for participation in the statewide Impaired Driving Deterrence
Program for October 1, 2003, through September 30, 2004, and
WHEREAS, Tompkins County has been awarded a grant from the State
of New York Governor's Traffic Safety Committee in the amount of $28,429
for participating in the statewide Impaired Driving Deterrence Program,
now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That
the County accept the grant of $28,429 to be used for the purpose of the
aforementioned program, and continue only for as long as the funding is
provided by New York State,
RESOVLED, further, That the Director of Finance is directed to
make the following adjustment to the 2004 Budget:
BUDGET ADJUSTMENT:
Revenue A4250.43089 Other State Aid $28,429
Appropriations A4250.52220 Departmental Equipment
$ 8,520
A4250.54442 Professional Services $19,909
TOTAL $28,429
RESOLVED, further, That the County Administrator or his designee
be authorized to execute any contracts related to this project.
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RESOLUTION NO. 65 - URGING THE STATE OF NEW YORK TO REPEAL OR REFORM THE ROCKEFELLER DRUG LAWS
MOVED by Ms. Blanchard, seconded by Ms. Kiefer. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Legislator Proto); Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, this May 8th will mark the 31st Anniversary of the Rockefeller
Drug Laws in New York State, and
WHEREAS, the Rockefeller Drug Laws have succeeded in filling
our prisons without succeeding in reducing drug addiction and concomitant
anti-social behaviors, and
WHEREAS, such drug policies have locked up thousands of nonviolent
drug offenders and given the United States the highest incarceration rate
in the world, and
WHEREAS, corrections spending nationally now consumes one in
every fourteen tax dollars, and
WHEREAS, serious reform of these laws would not only be more
humane and effective but would also save billions of dollars that could
then be used for more important social needs, such as education, health
care, and other law enforcement, and
WHEREAS, other states have taken recent action in this area:
Michigan has repealed its harsh mandatory minimum drug statutes
and returned sentencing discretion to judges (projected to save more than
$40 million this year);
Washington State has new legislation to divert persons with drug
problems from prison and reduce sentences for some drug offenses (estimated
to save close to $75 million and avert the need to build more than 2,000
new prison cells);
California's proposition 36 has steered more than 37,000 people
struggling with drug problems into treatment instead of incarceration and
saved California's taxpayers at least $275 million in its first year alone;
and similar diversion strategies are underway in Arizona, Hawaii, Colorado,
Texas, and Kansas, and
WHEREAS, on average, states have found that it is seven times
less expensive to send a person with a drug law violation to treatment
than to prison, and
WHEREAS, Tompkins County has tried at the local level, with our
integrated Drug Courts, to include treatment as part of sentencing to the
extent allowed by law, and
WHEREAS, Tompkins County is currently being told by the State
that we must nonetheless build many more jail cells to accommodate what
they project will be an ever-larger inmate population, now therefore be
it
RESOLVED, on recommendation of the Public Safety Committee, That
Tompkins County calls upon our State Legislators to expeditiously repeal
or to at least reform the Rockefeller Drug Laws to do away with mandatory
sentences, restoring discretion to judges, and to institute policies and
adequate resources that lead to effective addiction treatment and include
skills training that enables drug offenders to reintegrate into society
- and to use the money saved to cut the State deficit and help pay for
health, education, and other needed services.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 66 - FARM SERVICE AGENCY RESTRUCTURING PROPOSAL
MOVED by Ms. Blanchard, seconded by Mr. Totman, and unanimously adopted by voice vote by members present.
WHEREAS, agriculture in Tompkins County is very diverse and extremely
important for local economic development and the maintenance of open space
and scenic vistas, (over 96,000 acres in farming and sales including dairy,
beef, poultry, hay, grain, vegetables, horticulture, wines, aquaculture,
tree farms and associated products, as well as niche type agricultural
products for an estimated $44.9+ million total impact on the local economy,
as reported by New York Agricultural Statistics Service in 2002, and
WHEREAS, agriculture enhances and contributes to tourism, another major
industry in Tompkins County, and
WHEREAS, agricultural activity in Tompkins and Schuyler counties combined
far exceeds that of Cortland County (2002 New York Agricultural Statistics),
and
WHEREAS, prices paid for agricultural commodities often fluctuate widely,
and are often not under the farmers' control, creating low financial returns
as compared to other industries, and
WHEREAS, farmers are dependent on weather conditions that can also
fluctuate, and
WHEREAS, the United States Department of Agriculture (USDA) Farm Service
Agency (FSA) was created to assist farmers with programs to address market,
weather and environmental problems, and
WHEREAS, Schuyler County lost its county FSA office in 1995 when it
was combined with the Tompkins County office, and most Schuyler County
farmers are now required to travel to Ithaca to handle paperwork to ensure
participation in FSA programs, and
WHEREAS, the Schuyler County USDA Natural Resources Conservation Service
(NRCS) office was moved to Ithaca to be co-located with FSA in a USDA Service
Center, to provide technical assistance to FSA for both Tompkins and Schuyler
Counties, and
WHEREAS, NRCS was not informed or consulted in discussions involving
impacts on program delivery that a potential move of the FSA office to
Cortland County might create, and
WHEREAS, the possible separation of NRCS and FSA offices will make
it more difficult for NRCS to provide technical services to FSA and farmers,
and
WHEREAS, the Tompkins County Soil and Water Conservation District (SWCD)
which assists FSA and NRCS with the implementation of the Conservation
Reserve Program (CRP) and the Enhanced Conservation Reserve Program (CREP)
and potentially other programs, will be faced with a tremendous inefficiency
in delivery of programs if it is required to work with several FSA offices,
and
WHEREAS, it will take time for FSA services to become completely computerized
as well as the entire farm community itself, which may affect the efficiency
of FSA to serve Tompkins and Schuyler County farmers, and
WHEREAS, the distance that farmers need to travel to reach a Cortland
County based FSA office (especially Schuyler County and western Tompkins
County farmers) will undoubtedly affect the level of participation in FSA
programs, and
WHEREAS, this additional travel distance may put an undue economic
hardship on both Tompkins and Schuyler County farmers, and
WHEREAS, the Tompkins County Soil and Water Conservation District and
the Farm Services have a signed Memorandum of Understanding stating they
will work cooperatively together to provide the farmers of Tompkins County
the best service possible in the delivery of conservation programs, and
WHEREAS a centrally located office would be more equitable and fair
to all farmers in the three county area, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental
Quality Committee, That the Tompkins County Legislature requests the New
York State FSA Committee to centralize the combination of the Schuyler/Tompkins
office with Cortland County, in the Tompkins County based USDA Service
Center,
RESOLVED, further, That the Tompkins County Legislature requests the
New York State FSA Committee to work with the SWCD Board, the Farm Bureau,
local affected agencies, and with Congressional officials from our area
to find the best solution for restructuring FSA, so that Schuyler, Tompkins,
and Cortland County farmers are all treated equally and receive the best
FSA services and access possible and so that impacts on cooperating agencies
be considered and minimized.
SEQR ACTION: TYPE II-20
Withdrawal of Resolutio(s) from the Agenda
Chair Joseph gave Ms. Kiefer permission to withdraw from the agenda the resolution entitled Requesting New York State Legislature Approve an Amendment to the New York State Tax Law Permitting Tompkins County to Collect a 0.25 Percent Mortgage Recording Tax for General County Purposes.
Approval of Minutes of March 2, 2004
It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the minutes of March 2, 2004 as corrected.
Adjournment
On motion the meeting adjourned at 8:45 p.m.
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