Mr. Joseph called the meeting to order at 5:35 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).
Presentation of Proclamations
Mr. Joseph read the proclamations:
· May 2005 Mental Health Awareness Month - Accepted by Reed Slaschen,
VISTA worker. Mr. Slaschen thanked the Legislature, and specifically
Ms. Schuler for her support on mental health issues.
· May 2005 Older American’s Month – Katrina Schickel Office
for the Aging employee thanked the Legislature for the proclamation.
She said that given the emerging demographic change it is really important
to recognize the needs of Older Americans.
· May 7th Suicide Survivor’s Day/Week of May 7-14 Suicide Prevention
Week – Kris Bertelsen thanked the Legislature and said a free program will
be open to the public and will include six surviving siblings of a suicide
32 years ago.
Privilege of the Floor by the Public
No member of the public wished to speak.
Privilege of the Floor by Legislators
Ms. Blanchard, District No. 1 Legislator, reported the United Way Campaign has ended and exceeded of their goal of $1.8 million. She thanked all County employees and staff for their contributions and efforts to meet the goal.
Mr. Winch, District No. 8 Legislator, spoke of a recent article in the Cornell University Paw Print, a publication of Cornell workers, that highlighted the 2005 Constance E. Cook and Alice H. Cook Recognition Awards on April 26th. He said fellow Legislator Kathy Luz Herrera was one of the recipients of the award named in honor of Constance Cook, Cornell's first woman vice president, and Alice Cook, emeritus facuty at the School of Industrial Labor Relations. Ms. Herrera was noted for her raising equality and diversity issues and for advocating on behalf of workers. Mr. Winch said the awards have been given over a ten-year period and that Ms. Herrera is in good company. The full Legislature offered congratulations to Ms. Herrera.
Mr. Penniman, District No. 15 Legislator, reported a presentation of the Public Safety Communications System had taken place prior to the Legislature meeting and will be aired on public television over the course of the next several weeks. He said the standard coverage is ninety-five percent of the County and is an improvement over the present system. In addition, he noted that the topography of the County makes it difficult for full coverage. Mr. Penniman said additional towers would actually have a diminished benefit due to interference of transmitters. The five to six percent of the area that is not included has had a good-faith effort to cover and represents only approximately one percent of structures in the county. Mr. Totman clarified that while not having ninety-five percent coverage it does not mean this area does not have any coverage, it is a lesser signal.
Ms. Robertson, District No. 13 Legislator, made the following announcements: the Tompkins County Health Department will be holding a series of rabies clinics this month; an Emergency Preparedness Workshop given by Carol Griep of the Health Department will be held on Friday, May 13th. It will address the importance of creating a family communication plan. Ms. Robertson then spoke of the Congressional budget and the recent editorial in the Baltimore Sun Journal that spoke unfavorably about cuts in critical areas covering health and the needy while reducing tax burden for those who have large incomes. She said that these national policies will have the usual trickle-down effect to the local governments.
Mr. Proto, District No. 7 Legislator, said that he had spoken at the previous meeting about his desire to have a resolution providing tax exemptions to volunteer fireman. Upon discussions with members of the Government Operations Committee, he will be working with Ms. Coggin, Assessment Director, to craft a resolution that will be brought through the Committee. Mr. Proto then spoke of the Universal Service Fund fee recovery charge increase from 10.7 percent to 11.1 percent of interstate retail calls. He said following Ms. Robertson's suggestion that the Health Planning Council determine possible funding for services from this fund, information is being gathered to forward to appropriate medical facilities in the County. Mr. Proto said the retirement dinner for Human Service Coalition Executive Director Marge Dill was sad for those attending but a happy one for Ms. Dill and he wished her well.
Mr. Totman, District No. 9 Legislator, said he is in agreement with Mr. Proto about offering a tax exemption to volunteer fireman. He said volunteers are required to undergo extensive training and believes the resolution may provide an incentive for individuals to volunteer. Mr. Totman said the Village of Groton offers a $500 reduction on property taxes for their volunteers and is a small way to thank people for their service.
Ms. Kiefer, District No. 10 Legislator, said she was pleased to hear a great deal of Pete Seeger's music on the radio today as he is celebrating his 86th birthday. She said in addition to enjoying his music she respects the work he has done for labor, and more recently focusing on cleaning up the Hudson River and our environment.
Mr. Lane, District No. 13 Legislator, said the New York State Courts are becoming involved in the proposed budget; stating the 6.1 billion court-ordered funding for New York City Schools and those necessary upstate has been side-stepped. He then said he was privileged to be part of the Northwest Airline inaugural delegation that flew to Detroit and back. Mr. Lane spoke of the tour received at the facility that provides a national and international hub for air service. He said it compliments US Air service that we presently have. Mr. Lane suggested individuals go to the flyithaca.com site for more information on air service in Tompkins County.
Mr. Booth, District No. 3 Legislator, said he believes the most significant problem in Albany is the enormous difficulty in achieving a rational State budget process and trying to change that situation. He said the two most substantial opponents of a proposed constitutional amendment to improve the State's budget process are the current governor and current attorney general. He stated further that changing the status quo in Albany is a bi-partisan job and a large one.
Report from Municipal Official(s)
Maria Coles, Ithaca Common Council member, spoke of her pleasure speaking to the Legislature on topics related to the City of Ithaca. She reported that the first meeting between Common Council, the Mayor, and three County Legislators representing the City of Ithaca took place recently. At that meeting it was determined to meet on a quarterly basis as well as a recognition that this would be a way to develop more understanding between the County Legislature and the City of Ithaca. Additionally, it was suggested by Legislator Blanchard that the City provide information relating to special presentations that may be of interest to the full Legislature to assist in bridging any differences.
Ms. Coles said the City's Workforce Diversity Committee has continued to investigate how to improve the City workforce and is presently meeting with department heads and other staff members to determine what diversity means for the City and what advantages a diverse workforce may provide.
She then reported that on April 29th the end-of-year parties on South Hill were the most successfully managed and contained. She said numerous comments were received from residents and she wished to extend appreciation to Mayor Peterson who committed considerable City resources to provide assurance that these functions would not result in injuries or property damage. Additionally, Ithaca City Police Chief Signer's plans to minimize problems, exhibiting patience with firmness if necessary, as well as the assistance of Ithaca College officials made the event successfully contained. Ms. Coles hopes that with time activities such as this end-of-year function will diminish.
Ms. Coles invited members of the Legislature to the Public Forum at 7:00 p.m. at the Women's Community Building regarding future plans for Southwest Park.
Mr. Booth inquired whether the same level of planning would be occurring for the upcoming Cornell University function on Slope Day. Ms. Coles said that the number of public safety officers and larger number of students involved would make it prohibitive.
Mr. Penniman said that one issue between the County and the City is the sales tax exemption on clothing and footwear. He suggested that the upcoming joint meetings could provide a means to discuss coordination of this legislation.
Chair’s Report and Appointment(s)
Mr. Joseph, Chair, presented the following individuals with certificates of recognition for service provided to the County:
Thomas Todd, Legislator - Fifteen Years of Service
Stephen Whicher, County Administrator - Fifteen Years of Service
Dan Winch, Legislator - Twenty Years of Service
Frank Proto, Legislator - Twenty Years of Service
Report from the County Administrator
Mr. Whicher, County Administrator, requested an Executive Session to be held at the end of regular business to discuss negotiations. The second item noted was a reminder of the Commissioner of Health appointment to be discussed in executive session at the Health and Human Services Committee meeting May 4th.
Report from the County Attorney
Mr. Wood, County Attorney, did not have a report.
Report from the Finance Director
Mr. Squires, Finance Director, said the required annual financial report was filed by the May 1st deadline. A copy of this report will be on file in the Legislative office.
Addition of Resolution(s) to the Agenda
No Resolution(s) were added.
Withdrawal of Resolution(s) from the Agenda
Chair Joseph gave the appropriate committee chair permission to withdraw from the agenda the resolution entitled "Establishment of 2006-2007 County Financial Goals".
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to approve the following resolutions under the Consent Agenda:
RESOLUTION NO. 73 - ACCEPTANCE OF STRATEGIC PLAN FOR TOURISM DEVELOPED BY THE STRATEGIC TOURISM PLANNING BOARD (STPB)
MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, Tompkins County has an advisory board on tourism development
and promotion, the Strategic Tourism Planning Board (STPB), for recommendations
to the Tompkins County Legislature regarding tourism-related matters, and
WHEREAS, according to the bylaws of the STPB, part of its mission
is “to develop, with community input, a tourism policy for review and adoption
by the Tompkins County Legislature,” and
WHEREAS, the STPB has during the past years developed a Five-Year
Strategic Tourism Plan that references previous reports on tourism and
incorporates input from members of various parts of the community as represented
on the STPB, now therefore be it
RESOLVED, on recommendation of the Planning, Development and
Environmental Quality Committee, That the Tompkins County Legislature accepts
the Strategic Plan on Tourism as developed by the STPB,
RESOLVED, further, That the STPB keep the Legislature informed
regarding the action steps outlined in the Strategic Plan on Tourism.
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RESOLUTION NO. 74 - AUTHORIZING THE COUNTY ADMINISTRATOR TO TRANSFER TITLE OF CERTAIN LANDS
MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, a request has been made by Carolyn and Anatol Eberhard
to the County for a quitclaim deed from the County to them, to clear title
to lands they claim ownership of, said lands being a portion of tax parcel
No. 33-1-021.2 in the Town of Caroline, and
WHEREAS, the County Attorney's Office has investigated the County
interest in said parcel of land and reported to the Government Operations
Committee, and
WHEREAS, in a 1933 tax foreclosure deed the property was deeded
to the County and that deed was a result of an erroneous tax lien, and
WHEREAS, an attempt was made by the County Board by resolution
on August 11, 1952, to negate any County interest in the premises and to
expunge the prior lien, and
WHEREAS, the County has never listed the premises on the County
land inventory and the premises are currently assessed to the reputed owners
(Eberhard), and
WHEREAS, the County Attorney's Office takes the position the
premises are not County property and that a quitclaim deed from the County
would clear the title and follow the direction of the County Board resolution
of 1952, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the County Administrator is hereby authorized to execute a quitclaim
deed and all other necessary documents to release any claim of the County
to the premises described in the 1953 resolution of the Tompkins County
Board of Supervisors based on that resolution, map and deed that passed
to the County by the County Treasurer as a tax deed dated January 6, 1933,
recorded in Liber 231 of Deeds at Page 365.
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RESOLUTION NO. 75 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 11 WITH C&S ENGINEERS, INC., FOR CONSTRUCTION OBSERVATION AND ADMINISTRATIVE SERVICES IN CONNECTION WITH THE TRANSIENT RAMP REHABILITATION - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the County has awarded construction
contracts for the Transient Ramp Rehabilitation, and
WHEREAS, there is a need for Construction
Observation and Administration services in relation to this project and
the airport's consultants, C&S Engineers of Syracuse, New York, have
proposed providing these services for $141,597, and
WHEREAS, in accordance with Federal Aviation Administration (FAA) procedures
an Independent Fee Estimate was performed by McFarland-Johnson Engineers
of Binghamton, New York, to gauge the fairness of the fee, and
WHEREAS, with the C&S Engineers fee of $141,597 being $32,197.78
less than the McFarland-Johnson's estimated fee of $173,794.78, the FAA
considers the C&S Engineer's fee being fair and acceptable, now therefore
be it
RESOLVED, on recommendation of the Facilities
and Infrastructure Committee, That Supplemental Agreement No. 11 with C&S
Engineers for Transient Ramp Rehabilitation Construction Observation and
Administration services in the amount of $141,597 be approved and financing
of the contract is as follows:
Federal Aviation Administration (FAA) (95.0%)
$ 134,597.00
New York State Department of Transportation
(2.5%)
$ 3,540.00
Local (Airport Operational Budget) (2.5%)
$ 3,540.00
Total
$ 141,597.00
RESOLVED, further, That the County
Administrator be and hereby is authorized to execute the required documents,
RESOLVED, further, That the Finance
Director be authorized to make payments for these projects until reimbursement
is received from the Federal Aviation Administration and New York State
Department of Transportation.
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RESOLUTION NO. 76 - AUTHORIZING A SUPPLEMENTAL AGREEMENT WITH C&S ENGINEERS, INC., FOR ADDITIONAL SERVICES IN CONNECTION WITH REBIDDING AND ADDITIONAL DESIGN SERVICES FOR THE TRANSIENT RAMP REHABILITATION - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, on December 2, 2003, the County
approved an agreement with C&S Engineers for engineering design of
the Transient Ramp rehabilitation project, and
WHEREAS, the County received one bid
on July 7, 2004, and said bid being over fifty percent higher than the
engineer's estimate, was considered excessive by the County and was rejected,
and
WHEREAS, the project was revised to
include two significant modifications and was subsequently re-bid in the
spring of 2005, now therefore be it
RESOLVED, on recommendation of the Facilities
and Infrastructure Committee, That the supplemental agreement, which increases
the fee by $30,000, be and hereby is approved and that the County Administrator
is authorized to execute said supplemental agreement.
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Report from Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, said the next meeting will be on May 4, 2005, at 2:30 p.m. when the Committee will hear a report on the Industrial Development Agency policies from Mr. Stamm, an update from Workforce Development, review a resolution relating to streamlining the municipal annexation process, hear a report from the Planning Department, and hear an update on the Water Resource Council's annual work plan. Ms. Herrera thanked Mr. Winch for commenting on her receipt of a Cook Award.
Mr. Totman asked what the annexation resolution will encompass and was informed by Ms. Herrera it is to again request the State streamline the process; the resolution presented at the State level last year had not passed.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on April 26th and will meet again on May 10th. He said much of the work done by the Committee was working on plans for the budget retreat as well as reviewing the financial goals resolution. Other action taken by the Committee was approving several position requests and the process of moving from Affirmative Action to a Diversity policy and setting the budget calendar.
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr, Chair, reported the fifth session occurred on April 28th where a matrix of directions to pursue at the county level was developed. The outcomes will be provided to department heads in written form within two to three weeks. Mr. Koplinka-Loehr thanked department heads and Legislators for their participation as well as members of administration and Ms. Hubbard, the facilitator.
Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Lane, Chair, reported the Committee met on April 20th with much of the work done represented in resolutions presented. In addition, the Committee discussed the advisory board appointments and concerns expressed by Mr. Proto. Mr. Lane said he was pleased to hear Finance Director David Squire's report that the county has only seven outstanding properties on the foreclosure list. He said the efforts of Mr. Squires and his staff to work with individuals has resulted in no owner-occupied homes in foreclosure, unlike other counties such as Sullivan County who has over 1,000 properties being foreclosed.
In response to Mr. Proto's request for an update on Native American claims, Mr. Lane reported as a result of the recent Supreme Court decision municipalities have presented tax bills for properties owned by Native Americans that are not a part of reservations, this includes Turning Stone Casino. He said in addition, some offers by the State government have been rescinded. He said the legal proceedings will cost individuals additional fees for title insurance but he believes the situation is moving quickly and hopes to see a resolution. Mr. Joseph said he has again attempted to call the lawyers from the Native Americans making this claim, without any response. Mr. Proto said a local realtor appeared before the Town of Danby Board and indicated that the town may have real estate included in this lawsuit and asked if any detailed information on the property involved is available. Mr. Lane indicated that the only information is a map located on the Onondaga Nation's website; it primarily follows a map created by Glen Norris relating to native trails.
Mr. Wood explained to the Legislature that there are several issues dealing with Native American claims. He explained that traditionally there was first the native territorial lands during the 1700 - 1800's, second the current reservations, and the third area encompassed in the present Supreme Court Decision, is lands purchased by Native Americans that are not included in present-day reservations. These purchases of land by the Oneida Nation encompass approximately 17,000 - 18,000 acres, including Turning Stone Casino. The Native Americans claim that by purchasing the property that once was original territory they have the right to include it as part of the current reservation. The Supreme Court decision regarding property in Sherrill, New York, stated they may not attach this to their present reservation; however, they have the right to apply to the Federal government to hold the land in trust, which would have the effect of becoming non-taxable real estate. In addition, during the application process it would postpone the tax payment until a determination is made. The present claim by the Oneida Nation involves property located within the original aboriginal area. Mr. Totman could not understand the reasoning behind the Supreme Court decision if subsequently they provided a means to become non-taxable. Mr. Wood explained they had the right to apply, but may not be given the right to have the property put in trust, which would then require payment of taxes. Mr. Lane said the United States Government acts as a trustee if this should occur. Mr. Joseph clarified that the claim involving lands in Tompkins County was not of this nature but the actual title to the land.
RESOLUTION NO. 77 - ESTABLISHING GUIDELINES FOR USE OF ITHACA TOMPKINS REGIONAL AIRPORT FOR COUNTY EMPLOYEES AND VENDORS
MOVED by Mr. Lane, seconded by Mr. Booth. Ms. Herrera said the resolution is practical and logistical and provides flexibility when necessary. Mr. Joseph explained the purpose is to encourage use of the local airport for travel. Mr. Penniman inquired how the $200 figure was arrived at and was informed by Mr. Whicher it is using an average $150 cost plus travel time and parking fees, gasoline, etc. The local travel requirement will also apply to consultants when the County is reimbursing travel costs.
A voice vote on the motion resulted as follows: Ayes - 14; Noes - 0; Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, the Ithaca Tompkins Regional Airport has worked with
the Air Service Task Force, Cornell University, and the private sector
to secure additional commercial air service from a second carrier beginning
May 2, 2005, and
WHEREAS, Tompkins County supports the efforts of this public-private
partnership, and
WHEREAS, Tompkins County employees and vendors use taxpayer funds
for air travel, and
WHEREAS, Tompkins County recognizes the need to establish guidelines
for the use of the Ithaca Tompkins Regional Airport rather than other regional
airports, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That, effective immediately, all air travel by County Employees and/or
vendors using a commercial airline to travel on County business and at
County expense shall utilize the Ithaca Tompkins Regional Airport if financially
reasonable and logistically practical,
RESOLVED, further, That travel costs that are within $200 of
competing airports shall be considered financially reasonable,
RESOLVED, further, That this amount should be reviewed by the
appropriate committee from time to time.
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Mr. Lane said the next three resolutions deal with authorization for public hearings on several tax exemptions measures and that providing exemptions for some will increase the tax burden on others to some degree.
RESOLUTION NO. 78 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL
LAW NO. b OF 2005 - A LOCAL LAW CREATING A NEW ARTICLE IX OF §150
OF THE TOMPKINS COUNTY CODE - ARTICLE IX - EXEMPTION FOR HISTORIC BARNS
MOVED by Mr. Lane, seconded by Mr. Proto. Mr. Penniman
requested a definition of "historic barn" and was informed by Mr. Lane
it would follow the definition for the Historic Register. The Assessment
Department informed the Committee that only a handful of barns within the
County would be eligible. The purpose of the exemption is to provide
additional incentive to preserve and renovate these historical structures.
Ms. Kiefer said she believed that rather being listed in the Historical
Register it requires a structure to be built prior to a certain year.
Mr. Totman expressed his belief that the resolution should have been delayed
until such time as all questions were thoroughly answered to everyone's
satisfaction. He believes that according to zoning regulations it
requires being within a historic district, which most barn structures are
not. Mr. Booth said he will not support the resolution, believing
it does not require the structure to be in a historic district which he
believes it should be. Ms. Robertson stated the exemption only applies
to the value of the barn structure and not the entire property.
A voice vote on the motion resulted as follows: Ayes -
9 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, Proto, Robertson,
Schuler, and Winch); Noes - 5 (Legislators Blanchard, Booth, Penniman,
Todd, and Totman); Excused - 1 (Legislator McBean-Clairborne). RESOLUTION
ADOPTED.
WHEREAS, the creation of an exemption for historic barns has been
reviewed by the Government Operations Committee, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That a public hearing be held before the Tompkins County Legislature in
Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga
Street, Ithaca, New York, on Tuesday, May 17, 2005, at 5:30 o'clock in
the evening thereof concerning proposed Local Law No. b of 2005 - A Local
Law Creating a New Article IX of §150 of the Tompkins County
Code - Article IX - Exemption for Historic Barns. At such time and
place all persons interested in the subject matter will be heard concerning
the same,
RESOLVED, further, That the Clerk of the Legislature is hereby
authorized and directed to place proper notice of such public hearing in
the official newspaper of the County.
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RESOLUTION NO. 79 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL
LAW NO. c OF 2005 - A LOCAL LAW CREATING A NEW ARTICLE X OF §150 OF
THE TOMPKINS COUNTY CODE - ARTICLE X - EXEMPTION FOR IMPROVEMENTS TO PROPERTY
MADE PURSUANT TO THE AMERICANS WITH DISABILITIES ACT OF 1990
MOVED by Mr. Lane, seconded by Mr. Booth. Ms. Blanchard
stated she would like to have written information stating how the term
"disabilities" is defined. Mr. Booth clarified that the exemption
is provided only during the period a disabled individual resides at the
property.
Mr. Penniman inquired if the exemption only applies to owner-occupied residences or all residences. Mr. Lane said he believed it is owner-occupied with the exemption being allowed for improvements related to keeping the person residing at home. He does not believe this would apply to commercial properties.
Ms. Robertson expressed her pleasure to see this exemption coming forward; she said accessibility to tenants may require a ramp and she did not see anything specific to indicate only owner-occupied properties are eligible.
Ms. Kiefer said the exemption applies only to the increased value of the property due to modifications and that often the cost of the modifications will exceed the increased value of the real estate.
Mr. Booth said this resolution is aimed at the disabled as noted in the federal disability act and is not to be an exemption for the elderly, though some elderly may still be eligible.
A voice vote on the motion resulted as follows: Ayes - 12; Noes - 2 (Legislators Blanchard and Totman); Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, the creation of an exemption for improvements to property
made pursuant to the American's with Disabilities Act of 1990 has been
reviewed by the Government Operations Committee, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That a public hearing be held before the Tompkins County Legislature in
Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga
Street, Ithaca, New York, on Tuesday, May 17, 2005, at 5:30 o'clock in
the evening thereof concerning proposed Local Law No. c of 2005 - A Local
Law Creating A New Article X of §150 of the Tompkins County Code -
Article X - Exemptions for Improvements to Property Made Pursuant to the
Americans with Disabilities Act of 1990. At such time and place all
persons interested in the subject matter will be heard concerning the same,
RESOLVED, further, That the Clerk of the Legislature is hereby
authorized and directed to place proper notice of such public hearing in
the official newspaper of the County.
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RESOLUTION NO. 80 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL
LAW NO. d OF 2005 - A LOCAL LAW PROVIDING THAT UNREIMBURSED CERTAIN MEDICAL
AND PRESCRIPTION DRUG EXPENSES BE EXCLUDED FROM INCOME IN DETERMINING SENIOR
CITIZEN'S TAX EXEMPTION
MOVED by Mr. Lane, seconded by Mr. Penniman. Ms. Kiefer
said she did not support the resolution in Committee for a variety of reasons,
one of which is that an exemption for prescriptions has no direct relation
to real estate but to health care expenses. In addition, she said
a more practical reason to not support this is that individuals who itemize
medical expenses for income tax purposes would have documentation to support
the exemption readily available, most senior citizens do not itemize and
it would be difficult to determine. She said it is a problematic
exemption for which she has attempted to understand the qualification process
and she does not see how it can properly be determined. It would
be too tempting and too easy to make unjustified claims. Mr. Lane disagreed
with Ms. Kiefer and said the exemption is another way to attempt to keep
senior citizens within their homes. He said when calculating the
exemption it is a matter of having information regarding medical and prescriptions
which were not reimbursed. In addition, Mr. Lane said that different
types of property tax exemptions are provided to others and the Assessment
Department does a good job of administering them. He said the exemption
will be reviewed after a one-year period. It was clarified for Ms.
Schuler that "senior citizen" is defined as those 65 years of age and older.
Ms. Herrera felt there were too many holes in the process and will not
support this. Mr. Totman agreed with Ms. Kiefer's viewpoints regarding
unanswered questions about the process, and will not support the
resolution.
A voice vote on the motion resulted as follows: Ayes - 8 (Legislators Booth, Joseph, Koplinka-Loehr, Lane, Penniman, Robertson, Schuler, and Winch); Noes - 6 (Legislators Blanchard, Herrera, Kiefer, Proto, Todd, and Totman); Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, an exemption providing certain medical and prescription
drug expenses from income in determining senior citizens tax emption has
been reviewed by the Government Operations Committee, now therefore be
it
RESOLVED, on recommendation of the Government Operations Committee,
That a public hearing be held before the Tompkins County Legislature in
Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga
Street, Ithaca, New York, on Tuesday, May 17, 2005, at 5:30 o'clock in
the evening thereof concerning proposed Local Law No. d of 2005 - A Local
Law Providing that Unreimbursed Certain Medical and Prescription Drug Expenses
be Excluded from Income in Determining Senior Citizen's Tax Exemption.
At such time and place all persons interested in the subject matter will
be heard concerning the same,
RESOLVED, further, That the Clerk of the Legislature is hereby
authorized and directed to place proper notice of such public hearing in
the official newspaper of the County.
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RESOLUTION NO. 81 - REVISION OF ADMINISTRATIVE MANUAL POLICY NUMBER 01-32 - DESIGNATING NAME OF COUNTY SPACE/ITEM
MOVED by Mr. Lane, seconded by Mr. Booth.
A voice vote on the motion resulted as follows: Ayes - 13; Noes - 1 (Legislators Totman); Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, amendments and additions were deemed necessary to clarify present
practice regarding designating the name of County space/item, now therefore
be it
RESOLVED, on recommendation of the Government Operations and Budget
and Capital Committees, That the following Administrative Policy is adopted
as amended:
01-32 - Designating Name of County Space/Item
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Report from the Public Safety Committee
Mr. Penniman, Vice Chair, reported that the Traffic Safety Committee will be meeting at 1:30 p.m. on May 5th with the Public Safety meeting following at 2:00 p.m.
Report from the Facilities and Infrastructure Committee
Mr. Penniman, Chair, reported the Committee met on April 26th with the first portion of the meeting being in attendance at a Highway Division staff meeting held at the Public Works building regarding training programs and possible tour of highway projects this summer. Following the staff meeting the Committee conducted business including a discussion of goals for the Ithaca Tompkins Regional Airport and Information Technology Services, and receiving a Government Accounting Standards Board (GASB) report on the County's fixed assets from Mr. Squires. He said the Committee discussed how the GASB information might be used to manage the buildings and highways of the County and questions they had will be responded to in the near future.
Report from the Air Service Committee
Ms. Blanchard, member, reported the Committee met on April 25 and discussed the initial reports on the new flyithaca.com website. To date the site has received 2,000 "hits" and it is anticipated that it will average 8,000 per month. In addition, radio advertisements have begun and a large spread was provided in the Ithaca Journal about Northwest Airlines coming to Tompkins County. She said the Committee is trying to develop a monthly report format with information regarding enplanements, airfares, etc. that will assist in determining the success of the marketing plans and a cash-flow section to be up-to-date on the airport's financial information. This information will be similar to the Tompkins Consolidated Area Transit (TCAT) format that is in use.
She said Ms. McPheeters of the Chamber of Commerce will be traveling to Washington, D.C., to speak to Senators Schumer and Clinton and Representatives Hinchey and Boehlert regarding the recent grant application for the airport. Ms. Blanchard said Mr. Johnson is Cornell University's principle lobbyist at the Federal level and he will be joining Ms. McPheeters in this effort.
Ms. Blanchard said they have learned that some people determine where to fly by the cost of rental vehicles upon their arrival. The Committee will review this information to see if there is a way to assist the marketing efforts.
She said the "maiden" flight of Northwest Airlines was a good experience. Ms. Robertson spoke of attending the ribbon-cutting ceremony, saying it was fun and exciting and there is a "great buzz" regarding the new air service. She thanked Ms. Blanchard for her efforts toward this end.
Ms. Blanchard said the Committee is discussing the airport governance structure and will be looking at other airports that are county owned as well as all other airport structures including private models. A list outlining the positive and negative aspects will be developed as well as inviting individuals to speak to the Committee. Once complete a report will be given at the Facilities and Infrastructure Committee for a determination of the most advantageous governance form.
The next meeting of the Air Services Committee will be on May 9th at 4:00 p.m.
Ms. Schuler thought it would be helpful to have a TCAT link placed on the new flyithaca.com web site.
Report from the Space Needs and Location Committee
Mr. Proto, Chair, said the Committee will meet on May 11, 2005, at 2:30 p.m. He said a report regarding the Health Department Space Use Master Plan was reviewed as well as information on use of the Old Library. He hopes to have updated information on these items prior to the next meeting when a discussion will be held.
Report and Presentation of Resolution(s) from the Health and Human Services Committee
Ms. Robertson, Chair, reported the Committee will meet on May 4th at 10:30 p.m. She said Dr. Robinson, Child Psychiatrist, working for both the County and Family and Children's Services will be in attendance. In addition, a report on how the Comprehensive Plan is addressing housing issues will be provided.
Ms. Roberston spoke of the retirement celebration given by the Human Services Coalition for retiring Executive Director Marge Dill who has had over thirty years of service in the human services field. She said Ms. Dill has had a long career and many friends and colleagues were in attendance to wish her well. Ms. Robertson announced that the new Executive Director will be Department of Social Services Deputy Commissioner Kathy Schlather. Ms. Schlather will start her new duties in mid-July; Nancy Burston will act as Interim Executive Director of the Human Services Coalition.
Ms. Robertson said that a report provided for the TompkinsRx program indicated in the first 2.5 months residents have saved more than $32,000 on approximately 1,000 prescriptions; the average savings has been 24%.
RESOLUTION NO. 82 - APPROPRIATION FROM CONTINGENT FUND - REPLACEMENT PAY - HEALTH DEPARTMENT
MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED.
WHEREAS, the Health Department has an employee out on medical
leave for greater than two months in the Children With Special Care Needs
Program, and
WHEREAS, the Fiscal Policy of Tompkins County allows for replacement
pay from the Contingent Fund, now therefore be it
RESOLVED, on recommendation of the Health and Human Services
and Budget and Capital Committees, That the Director of Finance is hereby
authorized to make the following budget appropriation:
FROM: A1990.54440 Contingent Fund $2,405
TO: A4047.1000519 Senior Typist $1,730
A4047.58800 Fringes $ 675
SEQR ACTION: TYPE II-20
Approval of Minutes of April 19, 2005
It was MOVED by Mr. Proto, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, to approve the minutes of April 19, 2005, as submitted.
Financial Disclosure Form
Mr. Kiefer reminded individuals that the Financial Disclosure Forms are due.
Recess
Mr. Joseph declared recess at 7:12 p.m. The meeting reconvened at 7:25 p.m.
Executive Session
It was MOVED by Ms. Schuler, seconded by Mr. Winch, and unanimously approved by voice vote of members present, to enter into an executive session to discuss labor negotiations. An executive session was held at 7:25 p.m. and returned to open session at 7:45 p.m.
Adjournment
On motion the meeting adjourned at 7:45 p.m.
Respectfully submitted by Karen Fuller, TC Legislature Office
Tompkins
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