Chair Joseph called a public hearing to order at 5:30 p.m. for the purpose of informing the public and to review the public use to be served by the replacement of the Ringwood Road Bridge in the Town of Dryden and the impact on the environment and residents of the locality where said project will be constructed.
Chair Joseph asked if any member of the public wished to speak. Mr. Wood, County Attorney, explained the purpose of the hearing and stated under Eminent Domain Procedures Law, if in the unlikely event property is going to be taken by Eminent Domain, a public hearing has to be held. He said the County has never acquired property in this manner, but has scheduled a public hearing in the event an agreement couldn't be reached with a property owner. No one wished to speak and the public hearing was declared closed at 5:31 p.m.
Called to Order
Mr. Joseph called the meeting to order at 5:31 p.m.
Pledge of Allegiance to the Flag and Roll Call of Members
Members and guests participated in the Pledge of Allegiance to the Flag.
Present: 12 Legislators. Excused: 3 (Legislators Koplinka-Loehr, McBean-Clairborne, and Randall).
Privilege of the Floor by the Public
Bernard Hutcheons, Hanshaw Road, summarized the following letter and submitted it to be entered into the record:
"My wife and I live at 1016 Hanshaw Road and we are very concerned with the way Tompkins County dealing with the Right-of-Way issue related to the renovation of Hanshaw Road at our property. In particular, they are ignoring the strong clear evidence that the Right-of-Way is only by use, and the opportunity to negotiate a mutually satisfactory resolution. Instead we get irrational statement contrary to reliable documentation. We cannot abide statements such as "we feel that'…." Or "we believe that…." What is it that you can establish that honors the property rights or, and shows a modicum of respect for, the individual?
"On October 19, 2005, receiving no specific reliable information relating to the Right-of-Way, I wrote a certified letter to County Attorney Jon Wood, denying the County an access to our property until such time as my concerns were addressed. Just over a week ago, after nearly six months of no response from Mr. Wood, Steve Whicher learned from me that the situation was being ignored, and told his people to respond. Mr. Wood's response was just to click "reply" on an email I had previously sent to John Lampman and say essentially: I agree with Lampman and this is not worth the amount of money to litigate this. Evidently he did not pick up on the point that this is not about money, it's about individual property rights. (Perhaps however it is about money from the County's point of view, not because of any possible money to me, but the combined payments that would accrue to residents on ALL County roads if the fact that the Right-of-Way on these roads is likely just by use, were to become generally known). Mr. Wood certainly didn't reply to any of the issues in my October 19 letter, so my prohibitions of course still stand.
"There is a well-documented history to this dispute, which I have provided to Mr. Whicher and some of the rest of you in the form of copies of a February 1, 2006 letter to Susan Brock, Town of Ithaca Attorney. During the six months that Mr. Wood was not responding, John Lampman and Rich Brauer of Fisher Associates were making feeble attempts to claim a 25-foot Right-of-Way. At one point, they claimed they had written easements (they couldn't find them in their files); and that the State Department of Transportation had found "conclusive evidence" of a 25-foot Right-of-Way (Mr. Flynt at the Syracuse office said this was not the truth); and that there was a 25 foot Right-of-Way in my own deed (they mistook a 25-foot private side-easement for the public road Right-of-Way).
"In fact, my deed specifies that road Right-of-Way only as:
"The rights of the public in and to that portion of the above-described premises lying within the bounds of Hanshaw Road". Thus, the Right-of-Way is by use only. It is only 15 to 17 feet at my property, and Mr. Lampman agrees (December 1, 2005 email) that if the Right-of-Way is by use, it is as narrow as 17 feet.
"The most recent County position is from John Lampman by email dated April 7, 2006 where he claims that Pre-180 State Law (not specified or provided) "would have authorized" municipalities to "open up" the Right-of-Way to three rods (50 feet total - 25 feet each side of center). Was this done? Of course not. By 1906, the State renovation plans show only an 8-foot macadam (total paved width) on a 24-foot total Right-of-Way at my property. (These are the same plans that the County originally claimed proved a 50-foot right-of way.) Even today, the use is still only 30 to 34 feet.
"Does it have to be actually opened up to claim a use Right-of-Way of three rods? Yes it does. In the "New York State Department of Transportation Right-of-Way Mapping Manual" dated 2002 it says:
"In the opinion of the Attorney General, if the prescriptive use of the road has been limited to a width of less than three rods, the municipality may not widen the road without either the consent of the abutting owners or by following due process and compensating the owners." - Opinions of the Attorney General 1962, 1995, and 1999
"Further, according to Mr. Darrel Harp, former chief Counsel of the State Department of Transportation as quoted by Joel Gagnon of the Danby Town Board: "Courts tend to presume that if a tree is more than 10 years old, it is outside the established Right-of-Way."
"Bill Lesser, just retired from the Ithaca Town Board, has told us the following about the Hanshaw Road Right-of-Way: "A Right-of-Way show on a survey map is not an indication, as surveyors will often show 3 rods (25 feet each side) as a matter of course, and not based on a legal determination"; and "My guess, given the age of the road it is by use. In any case, it is the County's responsibility to document a deeded Right-of-Way if that is the basis for any action."
"Mr. Wood and Mr. Lampman apparently disagree with all of these people, although they have not responded to any of these specific items.
"We have brought all these issues, and many, many
more, to the County, and the County ignores all of them. Is this
the way the members of the Tompkins County Legislature feel citizens should
be treated?
"In addition, we presented a clear proposal by
which the County could proceed in which there was only an 18 inch difference
between what we were willing to give (17 feet) and what the County really
needed (18.5 feet). We were willing to split the difference, and
by this letter, we will offer them the extra nine inches as well.
So they can have the 18.5 feet in exchange for agreeing that that is the
extent of the Right-of-Way. My understanding is that currently (meaning
a plan which they have not yet made public) the centerline of the road
is to move south by two to three feet at my property, and this is what
makes a compromise possible (although that was not the reason for moving
the centerline). [This was to avoid an expensive retaining wall on
the north side on the Cayuga Heights portion - although the Cayuga Heights
portion is reserved for some time in the future!] This south-shifting
plan was first presented as an alternative on the plan presented December
1, 2001, which is still the only plan the public has seen. That alternative
clearly shifts the north edge of the sidewalk away from my property by
the same amount the centerline shifts south. However, Mr. Lampman
now contends that it would not move. Nonetheless, it does move on
the plan, and this is the plan they posted, and it does demonstrate that
they were able to achieve their goals with 20.5 feet (which becomes 18.5
feet from the current centerline with the shift).
"We insist that the County first agree that the current Right-of-Way is 17 feet by use only. At that point, (1) we are prepared to give the County the additional Right-of-Way they need consistent with the December 1, 2005 south-shifting plan (18.5 feet from current centerline). We are (2) prepared to negotiate with the County if it desires additional Right-of-Way beyond 18.5 feet. We also recognize (3) that the County could proceed under eminent domain to take what it wants. While repulsive, this would be honest behavior. What is not acceptable is (4) that the County says it already has a 25-foot Right-of-Way. No owner of our property was ever given due process and compensation.
"In closing I need to say something about Mr. Lampman. I have been hard on John, and he is used to this, and it is because he is an engineer, and therefore, I expect more from him. It was unfair of the County to put the burden of this indefensible legal position on him, and to the extent that I have thereby been forced to contribute to that unfairness, I apologize to him."
Betty Falcao, Director of the Health Planning Council, spoke in support of the resolution on the agenda entitled "Supporting Changes in Medicare Part D". She said the Plan is very confusing to some people and believes this proposal will help more people obtain the prescriptions they need. Ms. Falcao commended the County for starting the Tompkins RX Program and said $250,000 has been saved to-date by this program by people who have no insurance.
Frances Helmsteader, spoke in support of the resolution on the agenda entitled "Supporting Changes in Medicare Part D". She shared some of her personal experiences with the current plan and said she feels the proposed resolution will address some of the major problems that exist with the current plan.
Chantalese DeMarco, Mental Health Department employee, said for the last six months she has helped transition Department clients from having full and comprehensive prescription coverage to a system of prior authorizations, co-pays, and medication denials because many of the psychiatric medications that they need have no generic equivalent. Ms. DeMarco said she supports the resolution on the agenda entitled "Supporting Changes in Medicare Part D", and invited any Legislator to contact her if they would like to discuss any of the extra steps the Department has been taking to make sure clients remain stable and on their medications.
Martha Ferger, Town of Dryden resident, spoke in
support of the resolution on the agenda entitled "Supporting Changes in
Medicare Part D". She said her son and daughter-in-law run a busy
medical practice and she often hears about the many problems the current
system has. She also attended a four-hour citizen congressional hearing
held at Tompkins Cortland Community College a few weeks ago and heard from
several individuals, pharmacists, professional and volunteer counselors,
small business owners, doctors, and nurses, about the difficulty they have
had with the current system.
Lisa Holmes, Interim Director of the Office for
the Aging, spoke in support of the resolution on the agenda entitled "Supporting
Changes in Medicare Part D". She said Office for the Aging staff
have been assisting several seniors who have had difficulty with the current
plan. She said it is a very complicated process and the system has
proved to be nearly impossible to navigate alone. She also noted
that the funding to help with the rollout of this plan for the first year
will expire at the end of September; however, the need for intensive assistance
and counseling is expected long into the future.
Martha Robertson, District No. 13 Legislator, read a letter on behalf of Rebecca Elgie who was unable to attend as she is meeting to discuss health care issues with candidates for the 24th Congressional District. Ms. Elgie has been working as a monitor for the Medicare Part D signup process in Tompkins County which is part of a Statewide project sponsored by Statewide Senior Action Alliance for Retired Americans and the Medicare Rights Center. The project is designed to help seniors navigate through the new process. Through her work, Ms. Elgie has heard directly about the problems both locally and Statewide that the bill has caused ranging from confusion and frustration to serious difficulties getting critical prescriptions filled. In her letter, Ms. Elgie urged the Legislature to support the resolution on the agenda entitled "Supporting Changes in Medicare Part D".
Robert DeLuca, Commissioner of Mental Health, also spoke in support of the resolution on the agenda entitled "Supporting Changes in Medicare Part D". He said Ms. DeMarco, who spoke earlier in the meeting, has been spending a great deal of her time on the specific tasks she spoke about earlier; therefore, there is a specific cost to the Mental Health Department for these resources. Mr. DeLuca also expressed concern for individuals with disabilities who are not associated with a County case management program.
Presentation of Proclamation
Chair Joseph presented a proclamation to Chris Bertleson of Suicide Prevention and Crisis Service declaring May 6, 2006, to be Suicide Prevention Day and the week of May 6-13, 2006 as Suicide Prevention Week in Tompkins County.
Distinguished Youth Award
Mr. Sigler, District No. 6 Legislator, presented the April, 2006, Distinguished Youth Award to Brian Emerick of Lansing. Brian was nominated by Barbara Barry of the Lansing Youth Services Program who stated that Brian demonstrates maturity, responsibility, the ability to take initiative, and involvement in his community on a continuous basis. He has been an invaluable asset to the Youth Services Program, both as an employee and as a volunteer. Brian's enthusiasm, energy, and optimism in interacting with young people are evident. Mr. Sigler said Brian has also been an employee of the Lansing High School Helper's Program for a year and a half. After being paid for two months, Brian decided to volunteer because he felt rewarded enough by the experience.
Privilege of the Floor by Legislators
Mr. Proto, District No. 7 Legislator, provided the Legislature with an update on activities of the Water Resources Council. He first spoke of the use of jet skis on Cayuga Lake and said the Council has worked with the four townships and the one village that surrounds the Lake in developing legislation for their communities. He displayed two brochures that are the product of that work; one outlines what the legal regulations might be and the other is a courtesy brochure providing information about who has the opportunity to use the Lake and tips for being respectful.
Ms. Robertson, District No. 13 Legislator, announced there are workshops being held at Lifelong where seniors can obtain assistance and information on Medicare Part D. Those workshops will be held on April 20, 28, May 5, 12, and 19; anyone with questions should contact Lifelong. Ms. Robertson announced Ithaca has made No. 4 on the list of the top 10 places to live in the country as designated by Relocate America.
Ms. Kiefer, District No. 10 Legislator, asked people to be aware that this Saturday, April 22nd, is the National Day to celebrate Earth Day, and to take a moment to consider the trouble the earth is in because of global warming. She said there was a program on NPR recently that spoke of individuals who live on low-lying islands and how their entire country will disappear within the next few decades.
Mr. Shinagawa, District No. 4 Legislator, provided the Legislature with a report on 2005 versus 2004 statistics from the Air Service Board. He said for domestic enplanements, Ithaca is up from 2004 by 12.2 percent. Binghamton Regional Airport experienced a decrease of 8.7 percent and Elmira Corning Regional percent experienced a decrease of 12 percent. He said other numbers pertaining to U.S. Airways and Northwest Airlines are also looking good.
Mr. Booth, District No. 3 Legislator, said there is discussion in Albany with regard to member items and a proposal for them to be secret. He said it is the responsibility of both parties to make sure this does not happen. There is also proposed legislation that has been introduced in the State Assembly that would remove authority from the State of New York to regulate trapping and delegate that authority to county governments throughout the State. Mr. Booth said he does not think any county government would want this authority or have any expertise to exercise that authority. He said that from a broad policy point-of-view would creates immense damage to the management of the State's natural resources to remove wildlife any authority from the State of New York.
Approval of Resolutions Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda
RESOLUTION NO. 54 - AUTHORIZING 2006 FEDERAL SECTION 5307 GRANT APPLICATION – TOMPKINS CONSOLIDATED AREA TRANSIT, INC.
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Secretary of the United States Department
of Transportation is authorized to make grants for mass transportation
projects pursuant to Section 5307 of Chapter 53, Title 49 of the United
States Code (formerly Section 9, Federal Transit Act of 1964), and
WHEREAS, the County of Tompkins is the designated recipient
by the Governor of New York State of Federal Transit Administration (FTA)
Section 5307 Urban Formula transit funds and will apply on behalf of Tompkins
Consolidated Area Transit (TCAT, Inc.) to receive and use said funds, less
reimbursement for County-designated costs for FTA grant administration
and oversight in 2006, and
WHEREAS, the County of Tompkins desires to submit a request
for a grant of funds to the Federal Transit Administration, in the amount
of $1,371,936 to be used for operating assistance, including grant administration
and oversight; and for capital and planning projects for 2006 as approved
by the Ithaca-Tompkins County Transportation Council and included in the
2004-2006 Transportation Improvement Program as amended and listed as follows:
Project FTA 5307 Funding NYSDOT TCAT TOTAL
Preventative Maintenance $534,000 $66,800 $66,800 $668,000
ADP Hardware/Software $1,400 175 175 1,750
Communications & Office Equipment 32,000 4,000 4,000
40,000
Security Equipment $800 100 100 1,000
Shop Equipment $2,400 300 300 3,000
Short-Term Transit Planning $20,000 2,500 2,500 25,000
Operating Assistance 780,936 $2,800,000 4,729,659 8,310,595
Total $1,371,936 $2,873,875 $4,803,534 $9,049,345
, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That the Tompkins County Legislature authorizes the County Contracts
Coordinator to execute and file applications on behalf of the County of
Tompkins with the United States Department of Transportation and the New
York State Department of Transportation for the 2006 Section 5307 Grant,
in the amount of $1,371,936,
RESOLVED, further, That the County Contracts Coordinator
is authorized to sign:
1. Any and all agreements between Tompkins County and
the State of New York for the Project.
2. Any and all agreements between Tompkins County and
any third-party subcontractors necessary to complete the project, if applicable.
SEQR ACTION: TYPE II-20
___________________
RESOLUTION NO. 55 - AUTHORIZING FY 2006 FEDERAL SECTION 5309 GRANT APPLICATION – TOMPKINS CONSOLIDATED AREA TRANSIT, INC.
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Secretary of the United States Department
of Transportation is authorized to make grants for mass transportation
projects pursuant to Section 5309 of Chapter 53, Title 49 of the United
States Code (formerly Section 9, Federal Transit Act of 1964), and
WHEREAS, the County of Tompkins is the designated recipient,
by the Governor of New York State, of Section 5309 Bus and Bus Facilities
funds and will apply on behalf of Tompkins Consolidated Area Transit, Inc.
(TCAT, Inc.) to receive and use said funds, and
WHEREAS, the County of Tompkins desires to submit a request
for a grant of funds to the Federal Transit Administration, in the amount
of $853,073 for the purchase of one forty-foot, low-floor, hybrid electric
bus; construction of the City Center Project Phase I; and purchase of smartcard
fare collection equipment for TCAT buses. The projects were approved by
the Ithaca-Tompkins County Transportation Council and included in the 2004-2006
Transportation Improvement Program, as amended, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That the Tompkins County Legislature authorizes the County Contracts
Coordinator to execute and file an application on behalf of the County
of Tompkins with the United States Department of Transportation and the
New York State Department of Transportation for the FY 2006 Section 5309
Grant, in the amount of $853,073, and a budget as shown:
Project FTA 5309 New York State TCAT Total
Hybrid Electric Bus $242,945 $212,868 $30,368 $486,181
City Center Project $446,128 $55,766 $55,766 $557,660
Smartcard Fare Collection $164,000 $20,500 $20,500 $205,000
Total $853,073 $289,134 $106,634 $1,248,841
RESOLVED, further, That the County Contracts Coordinator
is authorized to sign:
1. Any and all agreements between Tompkins County and
the State of New York for the Project
2. Any and all agreements between Tompkins County and
any third-party subcontractors necessary to complete the project, if applicable.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 56 – AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Probation Director has been notified
of a grant award from the New York State Division of Criminal Justice Services
in the amount of $26,700 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, Self-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 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 2006:
BUDGET ADJUSTMENT
Revenue: A3998.43389 State Aid
$26,700
Appropriation: A3998.51000754 Administrative Services
Coordinator $ 3,000
A3998.58800 Fringes
$ 1,170
A3998.54442 Professional Services
$22,530
SEQR ACTION: TYPE II-20
RESOLUTION NO. 57 – AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FOR THE BENEFIT OF THE DRUG COURTS OF TOMPKINS COUNTY
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Probation Director has been notified
of a grant award in the amount of $40,000 from a local foundation that
has requested no publicity for the grant, to provide support for the Drug
Treatment Courts of Tompkins County, now therefore be it
RESOLVED, on recommendation of the Public Safety
Committee, That 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 budget adjustment for 2006:
BUDGET ADJUSTMENT
Revenue: A3989.42705 Gifts and Donations
$40,000
Appropriation: A3989.51000049 Project Assistant
$ 5,000
A3989.58800 Fringes
$ 500
A3989.54491 Sub-Contracts
$26,000
A3989.52220 Department Equipment
$ 1,000
A3989.54333 Education and Promotion
$ 7,500
SEQR ACTION: TYPE II-20
RESOLUTION NO. 58 – STANDARDIZATION OF COMMUNICATION EQUIPMENT – DEPARTMENT OF EMERGENCY RESPONSE – VOICE LOGGING RECORDER – RADIO AND TELEPHONE
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Director of Emergency Response has
recommended that Digital Voice Logging Recording equipment be standardized
to ensure full compatibility in the Public Safety Communications System,
and
WHEREAS, such equipment records 911 Emergency Calls
and radio traffic, and is archived for evidentiary and quality assurance
purposes, and
WHEREAS, the back-up site at Ithaca Central Fire
Station must be equipped and maintained with compatible recording equipment
to
meet New York State Wireless 911 Standards, and
WHEREAS, the District Attorney’s Office is further
specially equipped to retrieve said recordings from the logging system,
now therefore be it
RESOLVED, on recommendation of the Public Safety
Committee, That the Department of Emergency Response standardize, for reasons
of economy and efficiency, digital voice logging recorded equipment with
NICE-Wordnet Series III hardware and software, and standardize systems
at the Emergency Response Center, District Attorney’s Office, and back-up
communication sites.
SEQR ACTION: TYPE II-20
Appointment(s) Approved Under the Consent agenda
It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present to approve the following appointment(s) under the Consent Agenda.
Board of Health
Brooke Greenhouse - At-large representative; term expires
December 31, 2011
Traffic Safety Committee
William Sczesny - Highway Division representative; term
expires December 31, 2006
Criminal Justice Advisory/Alternatives-to-Incarceration
Board
John P. Beach - At-large representative; term expires
December 31, 2007
Advisory Board on Indigent Representation
Seth Peacock - Term expires December 31, 2008
Environmental Management Council
Lucia D. Tyler - Town of Ulysses representative; term
expires December 31, 2007
Community Mental Health Services Board
Lee C. Lee - Term expires December 31, 2007
Presentation of Resolution(s) from the Public Safety Committee
RESOLUTION NO. 59 - ADOPTION OF BYLAWS – EMERGENCY PLANNING COMMITTEE
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present.
WHEREAS, County Policy 01-19, adopted June 28, 1983,
and amended June 18, 2000, created an Emergency Planning Committee (Committee)
to assist the Director of the Department of Emergency Response (then Fire
& Disaster Coordinator) in coordinating relief efforts and assisting
with emergency planning, and
WHEREAS, the Committee assisted the Department
of Emergency Response in the creation and development of a Comprehensive
Emergency Management Plan (CEMP), adopted by the County Legislature on
December 16, 2003, and
WHEREAS, the work of the Committee is on-going
and dynamic, and said CEMP requires continual review, and modification,
and
WHEREAS, the Emergency Planning Committee drafted
and adopted Bylaws unanimously at the March 21, 2006, meeting, now therefore
be it
RESOLVED, on recommendation of the Public Safety
Committee, That these Bylaws be adopted and filed with the Clerk of the
Legislature,
RESOLVED, further, That these bylaws shall become
effective immediately upon adoption of a resolution amending Administrative
Policy 01-19 to reflect the change in membership.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 60 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ACQUIRE PARCELS OF LAND BY LEASE OR PURCHASE FOR THE OPERATION OF THE DIGITAL TRUNKED COMMUNICATION SYSTEM
MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present.
WHEREAS, after compliance with the State Environmental
Quality Review Act the County entered into a contract with Motorola, Inc.,
to develop an 800 MHz digital trunked communication system, and
WHEREAS, the County Legislature has authorized
the County Administrator to enter into a contract for site work including
the placement of towers and shelters at sites identified in the Motorola
contract and the environmental impact statement, and
WHEREAS, the County Legislature has authorized
the County Administrator to enter into various options to secure rights
to parcels necessary for implementation of the digital trunked communication
system, now therefore be it
RESOLVED, on recommendation of the Public Safety
Committee, That the County Administrator is authorized to acquire by lease
or purchase any and all sites that may be used in connection with the digital
communication system.
SEQR ACTION: TYPE I
(This action was contemplated in the environmental impact
statement and the associated findings statement already adopted.)
RESOLUTION NO. 61 – ENCOURAGING ADOPTION OF STATE LEGISLATION (S3804 AND A1451) TO PROVIDE FOR A CREDIT AGAINST PERSONAL INCOME TAX FOR VOLUNTEER FIREFIGHTERS AND MEMBERS OF VOLUNTEER AMBULANCE CORPS
MOVED by Mr. Booth, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present.
WHEREAS, Volunteer Fire, Rescue, and Emergency Medical
Service volunteers provide untold value in public service to their communities
by their selfless dedication in responding at all hours to the needs of
their communities, and
WHEREAS, Volunteer Firefighters and Volunteer Emergency
Medical Service members must undergo countless hours of training and practice
to become certified in the various aspects and skills necessary for firefighting
and provide Emergency Medical Services, and
WHEREAS, this dedication to service to others is
given freely to the community by many members of the volunteer services,
and
WHEREAS, in this ever-changing and busy world the
recruitment and retention of volunteer department members is becoming an
issue of having adequate numbers of trained and qualified volunteers to
respond to the community’s needs, and
WHEREAS, it would be a fitting recognition and
a reward for the selfless dedication of the members of volunteer fire,
rescue, and emergency medical service departments to provide a credit against
personal income tax for active members in good standing who have a minimum
of five years of service, and maintain continuous eligibility, now therefore
be it
RESOLVED, on recommendation of the Public Safety
Committee, That the Tompkins County Legislature does hereby urge the passage
and adoption into law of Senate Bill No. 3804 and Assembly Bill No. A1451
that would provide such a benefit,
RESOLVED, further, That the Clerk of the Tompkins
County Legislature shall transmit a certified copy of this resolution to
Governor George Pataki, Assembly Speaker Sheldon Silver, Senate Majority
Leader Joseph Bruno, Senator James Seward, Senator Michael Nozzolio, Senator
George Winner, and Assemblywoman Barbara Lifton.
SEQR ACTION: TYPE II-20
Presentation from the Strategic Tourism Planning Board
Stuart Stein, Chairman of the Strategic Tourism
Planning Board (STPB), introduced members of the STPB. Mr. Stein
and Fred Bonn, Director of the Convention and Visitors Bureau, provided
the Legislature with a presentation on the history and progress of the
tourism program that is supported by Room Tax. An outline of
the presentation is as follows:
TOMPKINS COUNTY TOURISM:
PROGRAM DESCRIPTION AND PROGRESS REPORT
Stuart W. Stein, Chair Fred Bonn, Director
Strategic Tourism Planning Board Convention and
Visitors Bureau
(273-3500) (272-1313)
History
It has been twenty years since the County Legislature, at the request of the Chamber of Commerce, established the hotel and motel occupancy tax – or room tax - with the purpose of supporting a tourism program. It is worth reviewing the program now to orient the new members of the county legislature to the program, and to update continuing legislators about how the program has fared in the past two decades.
From the start, the proceeds from the room tax were designated by NY State Home Rule legislation to fund only tourism related programs, and those rules have been followed from the start. This is the way that tourism programs throughout the state and, indeed, throughout the country are funded. In Tompkins County, we started with a 2 % tax and did not include Bed and Breakfast establishments. After a few years, B&B’s requested that they be included so that they could receive the benefits of the county’s marketing program. After another few years, the amount of the tax was increased to 3%, and then about 5 years ago, the tax was raised to 5%. Many of the counties in our part of NY State have matched these increases.
When the program began 20 years ago, approximately $200,000 was raised, and it was used entirely for marketing our county to outsiders through the Chamber of Commerce’s Convention and Visitors’ Bureau (CVB). In 2005, the room tax brought in more than $1.3 million. Of this amount, the County is permitted, by state law, to take 10% to cover its administrative costs (which yielded at least $130,000 for the county coffers this year).
Basic Principles
The plan and the subsequent decisions of the tourism advisory board are based on a few basic principles. Two are foremost:
1. The focus of the tourism program is economic development and, therefore, it must be viewed within the much broader context of the county’s economic development program. Tourism is a “fiscal lever” for the county. Its goal is to increase the level of business for private establishments catering to tourists. But the focus, also, is to improve job opportunities for county residents, and to increase the amount of property and sales taxes coming in to county and municipal governments.
2. While doing this, the tourism program must be diligent in protecting and improving the quality of life for the those who live here. This means that it must encourage the type of tourism development that builds upon the positive aspects of the county, and avoid any type of activity or development that degrades our environment.
While the amount of money generated by the room tax may seem substantial, the funds are, in reality, quite limited for the job that needs to be done. County and local municipal governments are unable to do everything themselves; they must partner with private businesses, non-profit groups and the local educational institutions to have a viable toursism program that will build the economy. Major partners in this effort, therefore, are the Chamber of Commerce, Tompkins County Area Development, The Community Arts Partnership, Cornell and Ithaca College, as well as hundreds of local businesses and organizations. The STPB, through its grant programs, and through other efforts is continually seeking ways to build additional partnerships.
Allocation of the Funds
This room tax is directed, according to state law, to both marketing and developing tourism in the county. In addition, when the room tax was increased from 3% to 5% about 5 years ago, the County Board at the time directed, via resolution and with an incorporated “white-paper”, that the proceeds from the 3% funding be used for marketing, and that the additional 2% be used for development of the county’s tourism assets, primarily to stabilize and support our cultural and arts organizations.
From the 3% portion of the tax totaling $717,500 in 2006, the CVB contracts with the county to providing these services for$ 656,000. Other funds from the 3 % portion go to a separate marketing program for small competitive grants, and to several smaller tourism marketing programs (e.g. The Finger Lakes Alliance, the Discovery Trail, etc.).
The 2% portion of the room tax totaling $478,400 in 2006, is allocated to several specific programs :
1. Arts and Culture Stabilization ($200,000)
2. Community Celebrations ($20,000)
3. Signage and Beautification ($90,000)
4. Capital Grants ($100,000)
In addition, funds from this portion of the room tax support the downtown ticket center, the Community Arts Partnership operations, and a small competitive capital grants program.
Management of the Program
The Chamber’s CVB manages the entire marketing program under contract with the County. The CVB creates and distributes to potential visitors many forms of information and assists tourists who come here. It also also works diligently to generate demand, increasing visitations to the county (for conferences, meetings, events, etc.).
The Arts and Cultural Stabilization program is managed by the Community Arts Partnership; the Celebrations Program by the County Historian; the Signage and Beautification Program by the Chamber of Commerce and Cooperative Extension; and the Capital Grants program by TCAD. Each of these programs has a defined schedule and a set of written guidelines. Administrative oversight and assistance to these, and other programs is provided by Jackie Kippola of County Staff.
The County Legislature makes all of the final decisions as to how these funds are to be spent, after receiving the advice of the Strategic Tourism Planning Board (STPB). This Board has been very effective in carrying out its responsibilty. It is composed of representatives of the broad cross-section of the many components of the tourism industry. It is a knowledgable, experienced and hard-working group of people who voluntarily have done a great service to the Legislature and to the county’s citizens and businesses.
The recommendations of the STPB are guided by a master plan that was prepared recently by a committee of the Board and approved by the County Legislature last year. This was not the first county tourism plan; several other studies have been prepared over the past twenty years by professional consultants so that we can stay up-to date with changing times and conditions.
Some Accomplishments
It takes time to build any economic development program. The tourism program has been growing steadily, and now seems to be building considerable momentum. There are several indicators of this success:
1. Room tax and sales tax receipts have risen continually every year.
2. Several new hotels have been built in the past few years.
a. Hampton Inn – April 2004
b. Taughannnock Farms Inn Guest House – June 2004
c. Hilton Garden Inn – August 2005
d. LaTourelle Resort and Spa Addition – November 2005
e. Homewood Suites – scheduled to open Winter 2006
f. Country Garden Inn & Suites – scheduled to open
Winter 2006
3. The number of inquiries received at the C of C’s visitor center has increased each year. For 2005:
a Phone calls received – 12,447
b. Visitors to Visitors Center – 14, 276
c. Requests for travel info for city and county – 18,748
d. VisitIthaca.com page visits – 1,336,144
4. The number of meetings, conferences and events booked by the CVB staff has increased substantially. For 2005, more than 8,000 room nights were booked by the CVB.
5. Stories about Tompkins County and Ithaca tourist attractions now appear regularly in the travel media.
6. The county’s major arts and cultural organizations are being stabilized and several new events (e.g. Light in Winter and the Dragon Boat Festival) have been added to the local scene.
7. A larger number of municipal celebrations and ethnic/neigborhood focused events in the county’s towns and villages are being held.
8. The number and diversity of events in downtown Ithaca are increasing, and are attracting more tourists and local citizens.
9. Our county looks prettier and cleaner to the visitor because of the very active beautification program initiated with county room tax funds.
Evaluation
There is a continual need to evaluate the programs that the county is funding with the room tax. That challenge is being undertaken this year by the Strategic Tourism Planning Board, and a report will be made to the Legislature and to the community when it is completed, hopefully by the end of the year. Nevertheless, at this time it is evident that we are moving ahead in a positive direction, and are achieving the goals of the county’s tourism program. Success for this type of program does not happen overnight. It is a careful building process which takes time and patience.
The tourism funds should be viewed as an investment in
the county’s future economy. If we keep our eyes on the basic goals
of our program and shepherd the available resources wisely, the entire
community will benefit for many years to come.
* * * * *
Chair's Report
Mr. Joseph reported he received information on two award opportunities: New York State Environmental Excellence Award and New York State Small Business Awards. He described the criteria for each award and said he has nomination information if any Legislator is interested.
He requested an executive session to discuss a personnel matter to be held later in the meeting.
Mr. Joseph said he would like to meet briefly with TCAT, Inc., representatives following this meeting for scheduling purposes.
Report from the County Administrator
Mr. Whicher reported the search process for the position of Deputy County Administrator is entering the final phase and Legislators will be invited to meet the final candidates on May 2nd at 3:30. He said there were 75 candidates, seven of whom were interviewed and a selection has been made of the final two. At the May 2nd meeting, Legislators will be able to ask questions of the candidates.
Mr. Whicher said information has been distributed to all Legislators this evening that pertains to the upcoming Legislature Retreat. He described the outlook for the 2007 budget as challenging.
Report from the County Attorney
Mr. Wood reported the Bolton Point Water System has not paid its fees for three years and in the past week brought a lawsuit against the County that claims the fees are unfair. A court will be deciding the issue about these particular fees; however, he noted all other entities have been paying their fees all along.
Mr. Wood addressed comments made earlier in the meeting with regard to Right-of-Way, and oftentimes roadwork is outside the existing Right-of-Way. Sometimes the Right-of-Way needed is insignificant and usually not a big problem. He said when the Highway Division decides a road needs to be improved, the improved road is going to be based on what is safest and what serves the community's best interest. The notion that was suggested that because something is outside the right-of-way that the road should be moved is not how it works. There is a strong disagreement between the County and the particular landowner about whether the County is outside the right-of-way. He believes the County is within the right-of-way; however, if it is not, the needed right-of-way would be paid for and acquired.
Report from the Finance Director
Mr. Squires reported the Foreclosure auction of delinquent tax properties is scheduled for May 16. He has provided a list of the ten properties to all Legislators.
Mr. Squires reported the auditors have been on-site for three weeks. At this time it appears accounts are in good shape at year-end with the exception of the decline in the Airport Fund Balance and the Worker's Compensation fund.
Sales tax for the first quarter of 2006 was up by eight percent and the City experienced a double-digit increase. Outside the City sales tax went up by approximately four percent. Mr. Squires said next week Mortgage Recording Tax information will be sent to the towns and villages. That income is up by approximately five percent over last year. He spoke of interest rates and said they have been rising quickly. He reported the tobacco companies made their distributions into the settlement and counties were informed that the largest tobacco company, Phillip Morris, paid according to the master settlement agreement but the two other large tobacco companies withheld twenty percent based on their disagreement with the impact of non-participating factors on the market. He expects Tompkins County to be short on tobacco settlement revenues this year by approximately $70,000.
Finally, Mr. Squires reported the County will be receiving proposals for bond counsel service.
Addition of Resolution(s) to the Agenda
There were no resolution added to the agenda.
Withdrawal of Resolution(s) from the Agenda
Chair Joseph gave Mr. Shinagawa permission to withdraw the resolution entitled Authorizing the Chair of the Tompkins County Legislature to Send the Attached Letter on Behalf of Bruce McDonald from the agenda.
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, was not in attendance; no report was given.
Report and Presentation of Resolutions(s) from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee was met twice since the last Legislature meeting. One item that took a great deal of discussion was the resolution that will be discussed during this meeting with regard to Medicare Part D. The Committee was informed the County has been served with a lawsuit by the Bolton Point Water System and any work that was being done by John Andersson of Environmental Health pertaining to those concerns, have been placed on hold as additional work may be necessary as a result of the lawsuit. The Committee received a report from Tompkins Community Action with regard to the loss of State and Federal monies. Programs hardest hit are the Head Start and Weatherization Program. Mr. Proto said there will be a significant impact locally as a result of these funding reductions. He reported the Board of Health's new open-burning regulations were put into effect and information has been provided to the public through various means, including a printed article in the Ithaca Journal.
Alice Cole, Public Health Director, provided the Committee with a memorandum regarding the flu pandemic and what action plans are in place. Ms. Cole intends to have an update on the County's Emergency Management Plan for the Committee in May. Patricia Carey, Department of Social Services Commissioner, reported on the new Family Custody Court. This is a new court that has been established to divert low-confrontation issues to the Community Dispute Resolution Center and Child Protective Services and Intervention are going to go directly to the Family Custody Court. Nancy Zahler, Director of the Youth Services Department, informed the Committee that a Transportation Study for high school students is being performed to obtain information on what the needs of students are.
Mr. Proto reported two special Committee meetings will be held; however, dates have not yet been set. The first meeting will be a tutorial on the Medicaid Program; the second will be with human service agencies to discuss how they fit into budget process; County departments will be invited to participate as well. He reported the Committee's 2006 Work Plan was approved.
Ms. Kiefer said she does not believe Mr. Andersson's work should be placed on hold because of the receipt of a lawsuit by the Bolton Point Water System. She said she believes that negotiations should continue as there are often settlements reached outside of court. Mr. Wood, County Attorney, said he expects a decision on this before Mr. Andersson would have reported back to the Committee, but when questioned he admi ted there will be a day in court, but the Judge is not likely to rule right away.
RESOLUTION NO. 62 - AUTHORIZING ADDITION OF 0.5 FTE REGISTERED NURSE POSITION – DEPARTMENT OF SOCIAL SERVICES
MOVED by Mr. Proto, seconded by Mr. Hattery, and unanimously adopted by voice vote by members present.
WHEREAS, the Department of Social Services needs to increase
by 0.5 FTE the staff it dedicates to serving the growing number of Tompkins
County residents who participate in the Expanded Non-Medical In-Home Services
to the Elderly Program (EISEP), and
WHEREAS, the Department will receive a mix of Federal
and State reimbursement which, combined, will cover one hundred percent
of the additional costs associated with this increase, and
WHEREAS, the Department of Social Services has a qualified
employee, presently working half-time in that title, who is willing to
take on the additional workload and hours, now therefore be it
RESOLVED, on recommendation of the Health and Human Services
and Budget and Capital Committees, That effective May 1, 2006 one of the
Department of Social Services’ 0.5 FTE position Registered Nurse – Grade
14 (565) be increased to full-time (1.0 FTE, 35 hours/week.),
RESOLVED, further, That the Director of Finance
is authorized to make the following pro-rated 2006 budget adjustments to
reflect this change:
Social Services Adjustments
REVENUE: A6010.44601
Federal – Medicaid $10,005
A6010.43602 State – Medicaid
$10,005
APPROPRIATION: A6010.51000.565 Salary – Registered
Nurse $14,396
A6010.58800 Fringes
$ 5,614
SEQR ACTION: TYPE II-20
RESOLUTION NO. 63 - SUPPORTING CHANGES IN MEDICARE PART D
MOVED by Mr. Proto, seconded by Mr. Shinagawa.
It was MOVED by Mr. Hattery, seconded by Mr. Sigler, to substitute with the following resolution:
RESOLUTION NO. - SUPPORTING CHANGES IN MEDICARE PART D
WHEREAS, Medicare Part D has provided many Medicare recipients
with necessary medications at a more affordable price than before the program
was initiated, and
WHEREAS, certain features of the program, however, have
created unnecessary complexity and leave Medicare recipients at risk of
signing up for incorrect or inadequate drug coverage, without the option
to change plans, for example:
· During the plan year, after Medicare recipients
sign up, insurance companies are permitted to increase their copays, change
their formularies, and drop previously covered medications;
· After May 15, 2006, Medicare recipients can
only change drug plans once a year (during the six-week open enrollment
periods) even if the drugs they need are dropped from the plan, their medication
needs change to a drug that is not on their plan, or the copays go up,
and
WHEREAS, because Medicare Part D is provided by
private insurance companies rather than as an add-on to basic Medicare,
the decisions Medicare recipients must make are overwhelming and confusing,
and represent a barrier to many people rather than a benefit. For example,
recipients in New York State must choose from among 47 different plans
offered by 21 different companies, and
WHEREAS, the resulting confusion about Medicare Part
D, as reported in the media and by local people, makes it hard for many
people to meet the May 15, 2006 enrollment deadline, putting them at risk
of paying late enrollment penalties, as follows:
· After May 15, 2006, there is a late enrollment
penalty. If a person does not sign up by May 15, they must wait until the
next enrollment period, which is November 15 through December 31, 2006.
People who enroll then will be charged a 7% penalty*.
· Those who enroll in 2007 (November 15 - December
31) will have to pay a 19% late penalty.
· The cost continues to increase each year thereafter
by 12%.
WHEREAS, the Tompkins County Legislature is concerned
about the costs of Medicare Part D being borne by local government, nonprofits,
pharmacists and physicians, specifically extensive staff time required
to help clients negotiate the system, and
WHEREAS, Medicaid recipients who are also eligible for
Medicare (called “dual-eligibles”), including those who are disabled, now
must start paying co-pays out of pocket, requiring our Mental Health Clinic
personnel to collect co-pays from some clients and submit for state reimbursement
for other clients, and
WHEREAS, the Tompkins County Legislature wants Medicare
recipients to have prescription drug coverage that is as comprehensive,
user-friendly and cost-effective as possible, now therefore be it
RESOLVED, on recommendation of the Health and Human Services
Committee, That the Tompkins County Legislature supports Federal legislation
to fix the major problems with Medicare Part D,
RESOLVED, further, That the Legislature supports other
legislation that would extend
the initial open enrollment period beyond May 15, 2006,
waive the late enrollment penalty, and permit beneficiaries to change plans
if their prescription needs change, or their provider changes the formulary
or significantly raises prices during the benefit year,
RESOLVED, further, That copies of this resolution be
forwarded to President George W. Bush, Senators Charles Schumer, Hillary
Clinton, Michael Enzi, Edward Kennedy, Senate Majority Leader William Frist
and Senate Minority Leader Harry Reid, and Representatives Maurice Hinchey,
Sherwood Boehlert, Joseph Barton, John Dingell, and Speaker Dennis Hastert.
SEQR ACTION: TYPE II-20
Mr. Hattery said he supports the basic issues of the original resolution; however, two aspects of this he feels strongly about are: he does not feel this Legislature should comment on other legislation often, but when it is done it is important that it is stated why, as a County, that there is interest in it with identification of some of the problems Tompkins County has had; the other problem which precipitated the substitute is supporting a specific piece of national legislation as opposed to addressing the remedies that are seen as the problem with the current program. For this reason, Mr. Hattery's substitute resolution removes language pertaining to specific national legislation. Also removed from the substitute resolution are two Whereases which he feels are related to the specific national legislation.
Mr. Sigler agreed with Mr. Hattery's comments and said as a County Legislator, he feels he is overstepping his bounds by endorsing this specific legislation. He said it is the responsibility of Congressmen Boehlertand Hinchey to address this after hearing the concerns of Tompkins County.
Ms. Robertson said she does not support removing the fifth and sixth Whereases as the resolution will then not recognize the real structure of the program as it is. She feels strongly that there are major structural flaws with the program and that the language contained in these Whereases needs to remain.
Ms. Herrera said she believes it is important for this Legislature to take a stand on this national issue, especially because of the impact on the local taxpayer.
Mr. Booth said he is usually reluctant to vote on items that pertain to national politics; however, he feels it makes sense to do so in this case because of the close relationship this has to many expenditures in the County budget.
Mr. Proto said he does not feel anyone questions whether this has an impact on the County and its residents. His concern, however, is that the Legislation is a moving target and while the resolution says it is the current version that is being addressed because it is not known what will come out of the House or Senate at this point.
Ms. Kiefer spoke against the substitute resolution because she feels the two original Whereases are factual, relevant to the effect on Tompkins County, and extremely important. She also wants to see the resolution include what is desired in the way of changes, remain as it is on the original resolution.
A voice vote on the substitute resolution resulted as follows: Ayes - 3 (Legislators Hattery, Proto, and Sigler); Noes - 9; Excused - 3 (Legislators Koplinka-Loehr, McBean-Clairborne, and Randall). MOTION FAILED.
Discussion continued on the original resolution.
It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, to amend the second Resolved to read: "RESOLVED, further, That the Legislature urges passage of legislation that would establish a standard drug-coverage plan, administered by Medicare, and mandate price negotiations for prescription drugs, such as the original version of the Medicare Prescription Drug Savings and Choice Act of 2005 (H.R. 752 and S. 345) which would thereby save taxpayers billions of dollars,"
Mr. Sigler said this is a $400 billion program that didn't previously exist, therefore, more people have prescription drug coverage than had it before. He said that although there are problems with the program, there were also problems with Social Security when that first was put into effect. He pointed out that neither of the pieces of legislation have been endorsed by a Republican nationally and doesn't see how something that is not bi-partisan will pass.
Ms. Herrera said as a representative of her constituents who have expressed their dismay about this program as it currently exists, feels there is a time when local representatives should make a stand.
Mr. Proto said the concern he has is that a negative vote on this is the appearance that there is not support for the individuals who have had a rough time applying for coverage. He said he does not believe that is the message that any member of this Legislature wants to send. He said it has to be clear that his negative vote is due to him not knowing enough about the two specific pieces of pending legislation. Mr. Proto said he is very concerned about the individuals who are having a rough time applying and who are making their way through this. He referred to an article that appeared last week in the Ithaca Journal that was written on behalf of those people who had applied successfully and who had saved money; one individual saved over $1,000. He said the system is not perfect, but the legislation contained in the resolution seem to lend themselves to supporting national health care, which is an issue that is unresolved.
Without objection, Mr. Dennis called the question.
A voice vote on the amendment resulted as follows: Ayes - 10; Noes - 2 (Legislators Hattery and Proto); Excused - 3 (Legislators Koplinka-Loehr, McBean-Clairborne, and Randall). AMENDMENT CARRIED.
Ms. Robertson said the $400 billion amount was only the number that was promised when the Bill was in Congress and that actual estimates are between $560 to $800 billion. She also said the number of seniors who have voluntarily enrolled is approximately 5 million, which is 12 percent of those who are eligible. There are another 20 million who have been enrolled through their employer. She also said this has nothing to do with national health insurance; instead, it saves billions of dollars for individuals instead of giving those funds to pharmaceutical companies.
Without objection, Mr. Dennis called the question.
A voice vote on the resolution as amended resulted as follows: Ayes - 9; Noes - 3 (Legislators Hattery, Proto, and Sigler); Excused - 3 (Legislators Koplinka-Loehr, McBean-Clairborne, and Randall). RESOLUTION ADOPTED.
WHEREAS, Medicare Part D has provided many Medicare recipients
with necessary medications at a more affordable price than before the program
was initiated, and
WHEREAS, certain features of the program, however, have
created unnecessary complexity and leave Medicare recipients at risk of
signing up for incorrect or inadequate drug coverage, without the option
to change plans, for example:
· During the plan year, after Medicare recipients
sign up, insurance companies are permitted to increase their copays, change
their formularies, and drop previously covered medications;
· After May 15, 2006, Medicare recipients can
only change drug plans once a year (during the six-week open enrollment
periods) even if the drugs they need are dropped from the plan, their medication
needs change to a drug that is not on their plan, or the copays go up,
and
WHEREAS, because Medicare Part D is provided by
private insurance companies rather than as an add-on to basic Medicare,
the decisions Medicare recipients must make are overwhelming and confusing,
and represent a barrier to many people rather than a benefit. For example,
recipients in New York State must choose from among 47 different plans
offered by 21 different companies, and
WHEREAS, the resulting confusion about Medicare Part
D, as reported in the media and by local people, makes it hard for many
people to meet the May 15, 2006, enrollment deadline, putting them at risk
of paying late enrollment penalties, as follows:
· After May 15, 2006, there is a late enrollment
penalty. If a person does not sign up by May 15, they must wait until the
next enrollment period, which is November 15 through December 31, 2006.
People who enroll then will be charged a 7% penalty_.
· Those who enroll in 2007 (November 15 - December
31) will have to pay a 19% late penalty.
· The penalty continues to increase each year
thereafter by 12%.
WHEREAS, basic Medicare has much lower administrative
overhead (2-3%) than private insurance companies (15-25%), and Medicare
Part D as written includes governmental subsidies to private insurance
companies, and
WHEREAS, the Federal government is prohibited from negotiating
on behalf of Medicare beneficiaries for lower drug prices, and
WHEREAS, the Tompkins County Legislature is concerned
about the costs of Medicare Part D being borne by local government, nonprofits,
pharmacists, and physicians, specifically extensive staff time required
to help clients negotiate the system, and
WHEREAS, Medicaid recipients who are also eligible for
Medicare (called “dual-eligibles”), including those who are disabled, now
must start paying co-pays out of pocket, requiring our Mental Health Clinic
personnel to collect co-pays from some clients and submit for state reimbursement
for
other clients, and
WHEREAS, the Tompkins County Legislature wants Medicare
recipients to have prescription drug coverage that is as comprehensive,
user friendly, and cost effective as possible, now therefore be it
RESOLVED, on recommendation of the Health and Human Services
Committee, That the Tompkins County Legislature supports Federal legislation
to fix the major problems with Medicare Part D in the short term, and correct
the program’s structural problems in the long term,
RESOLVED, further, That the Legislature urges passage
of federal legislation that would establish a standard drug-coverage plan,
administered by Medicare, and mandate price negotiations for prescription
drugs, such as the original version of the Medicare Prescription Drug Savings
and Choice Act of 2005 (H.R. 752 and S. 345) which would thereby save taxpayers
billions of dollars,
RESOLVED, further, That the Legislature supports other
legislation that would extend
the initial open enrollment period beyond May 15, 2006,
waive the late enrollment penalty, and permit beneficiaries to change plans
if their prescription needs change, or their provider changes the formulary
or significantly raises prices during the benefit year,
RESOLVED, further, That copies of this resolution be
forwarded to President George W. Bush, Senators Charles Schumer, Hillary
Clinton, Michael Enzi, Edward Kennedy, Senate Majority Leader William Frist
and Senate Minority Leader Harry Reid, and Representatives Maurice Hinchey,
Sherwood Boehlert, Joseph Barton, John Dingell, and Speaker Dennis Hastert.
SEQR ACTION: TYPE II-20
Report from the Facilities and Infrastructure Committee
Ms. Kiefer, Vice Chair, reported the Committee met on April 11 without the Chair and toured the Public Safety and Public Library buildings. Although the Committee had four members in attendance at the start, only three after the tour and did not have three votes to support any one recommendation and thus could not advise Mr. Marx, Commissioner of Planning and Public Works, on Capital Program priorities. Ms. Kiefer said it became clear to her following the meeting that if the Facilities and Infrastructure Committee did as it was told and only looked at the condition of buildings, the Health Department would be the building in the greatest need, although the Health Department program functions well. She said having toured the Public Safety Building and observed how the program is compromised by the lack of space, although the building is not as in need of attention as the Health Department building, one can argue that reconfiguration of the Public Safety building should get top priority. She said she thinks it would be good for the Legislature as a whole to consider this as well.
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee met on April 12 and discussed salaries for the Sheriff and County Clerk; no decision was made and discussion will continue at the next meeting. The Committee also discussed the creation of a Health Insurance Subcommittee to look at ways to save money on health insurance in the future. There was also a discussion of the Diversity Policy and how it should fit into the Administrative Manual. The next meeting will be May 10 at 3 p.m.
Report from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee will meet tomorrow at 3 p.m. at the Tompkins County Public Library.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Ms. Mackesey, Vice Chair, reported the Committee met on April 10 and discussed the option presented by the State to remove sales tax on clothing and footwear. She said the Committee decided to wait until the first of the year and also so that a discussion can take place over the next few months on this. She said Legislators should have received information on the upcoming Budget Retreat.
RESOLUTION NO. 64 – 2005 APPROPRIATIONS AND BUDGET
ADJUSTMENTS FOR SALARY INCREASE – WHITE COLLAR AND BLUE COLLAR
EMPLOYEES (attachment
located at the end of the minutes)
MOVED by Ms. Mackesey, seconded by Mr. Dennis.
Mr. Booth said he does not believe this resolution is necessary and that the funds should remain in the General Fund as a way of increasing flexibility in dealing with the General Fund. He also does not believe a decision to keep this money in the General Fund would have any impact on the Rollover Policy.
Ms. Mackesey said she will support this because it was not a matter of policy that this happened but a matter of confusion. It was not clear to department heads where this money was going to come from at the end of negotiations. She said although she will support this resolution this evening she is not clear what position she will take in the future on this issue.
Mr. Whicher said he feels this resolution should be adopted this evening and that the Legislature can address the Rollover funds on an individual department basis.
A short roll call vote resulted as follows: Ayes - 9; Noes - 3 (Legislators Booth, Hattery, and Stevenson); Excused - 3 (Legislators Koplinka-Loehr, McBean-Clairborne, and Randall). RESOLUTION ADOPTED.
WHEREAS, Resolution No. 117 of 2005, “Establishment
of Guidelines and Fiscal Targets for All County Budgeting Units for the
Preparation of the 2006 Budget,” stated that all salary changes and associated
fringe costs or savings will be paid through or received by the General
Fund, and
WHEREAS, the bargaining agreement between Tompkins
County and the White Collar Union, for the years 2005, 2006, and 2007,
was ratified on September 20, 2005, and
WHEREAS, Management and Confidential 2005 salary
adjustments were already included in the 2006 fiscal targets, and
WHEREAS, the bargaining agreement between Tompkins
County and the Blue Collar Union for the years 2005, 2006, and 2007, was
ratified on February 7, 2006, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That effective April 19, 2006, the departmental accounts listed
on the attached departmental summary document for fiscal year 2005 be increased
by the amounts indicated from the following revenue accounts:
REVENUE: General Fund Balance, Highway
Fund Balance, Airport Fund Balance,
Solid Waste Fund Balance, Workforce
Development Fund Balance
RESOLVED, further, That this does not increase
any department’s fiscal target and does not negatively effect the department’s
rollover.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 65 – APPROPRIATION FROM CONTINGENT FUND – CITY OF ITHACA – MUNICIPAL SALES TAX AGREEMENT
MOVED by Ms. Mackesey, seconded by Mr. Booth. A short roll call vote resulted as follows: Ayes - 12, Noes - 0, Excused - 3 (Legislators Koplinka-Loehr, McBean-Clairborne, and Randall). RESOLUTION ADOPTED.
WHEREAS, Resolution No. 87 of 1993, gave authorization
for the County to enter into an agreement with the City of Ithaca for the
distribution of sales tax proceeds, and
WHEREAS, the County pays for selected services
provided by the City in an amount that increases or decreases yearly based
on the percentage change in actual sales tax collected in the City of Ithaca,
and
WHEREAS, actual collections within the City of
Ithaca increased by 13.5 percent in 2005, and
WHEREAS, adjustments necessary to pay the various
agreed upon agencies agencies requires an appropriation from the Contingent
Fund, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That the Director of Finance be authorized to make the following
budget appropriation:
BUDGET APPROPRIATION:
From:
Unallocated Revenues A9999.41110
$133,841
To: Budget 2006 Due
Change
CDRC A6313.54400 $ 16,799 $
20,378 $ 3,579
OAR A6315.54400 $
5,204 $ 5,909 $
705
HSC Agencies A6305.54400 $206,726 $234,726
$ 28,000
County/City
Program Change A6901.54666 $227,629 $329,186
$101,557
TOTAL CHANGE
$133,841
SEQR ACTION: TYPE II-20
Report from the Planning, Environmental Quality and Education Committee
Ms. Robertson, Chair, reported the Committee will meet April 20th at 3 p.m.
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr was not in attendance. There was no report from this Committee.
Report from the Public Safety Committee
Mr. Booth, Vice Chair, reported the Committee met on April 6 and again prior to this meeting. At the April 6 meeting Alice Cole, Public Health Director, provided the Committee with a report on the status of planning that is taking place among County agencies respecting the threat of the Avian Flu. She stressed there needs to be an improvement in communication among public safety agencies and identifying different roles County employees may play in the case of an emergency. Mr. Whicher reported the emergency generator for Building C will be installed in June.
The Committee also discussed the possibility of adopting a County ordinance that would prohibit the construction of anything that would interfere with the County's about-to-be-built communications system. Mr. Wood, County Attorney, will be looking into this further and reporting back to the Committee. Lastly, the Committee briefly discussed the possibility pursuing the question of whether the Commission o,f Correction has the authority to regulate the size of jails; the Committee decided that this is not the appropriate time to pursue that question.
There was also a brief discussion regarding road patrol services, what level of services is occurring, and what level is desirable in the rural parts of the County.
Approval of Minutes of March 21 and April 4, 2006
It was MOVED by Mr. Shinagawa, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present, to approve the minutes of March 21 and April 4, 2006 as submitted. MINUTES APPROVED.
Recess
Chair Joseph declared recess from 8:42 p.m. to 8:47 p.m..
Executive Session
It was MOVED by Ms. Herrera, seconded by Mr. Dennis, and unanimously adopted by voice vote by members present, to enter into executive session at 8:47 p.m. to discuss a personnel matter. The meeting returned to open session at 9:09 p.m.
Adjournment
On motion the meeting adjourned at 9:09 p.m.
Respectfully submitted by Michelle Pottorff, TC Legislature Office