Called to Order

    Mr. Joseph called the meeting to order at 5:30 p.m.

Pledge of Allegiance to the Flag and Roll Call of Members

    Members and guests participated in the Pledge of Allegiance to the Flag.

    Present:  15 Legislators. 

Presentation of Proclamation(s)

    Chair Joseph read a proclamation declaring May  2004 to be Older American's Month in Tompkins County.  The proclamation was presented to Irene Stein, Director of Tompkins County Office for the Aging.

Presentation of Resolution(s) from the Health and Human Services Committee

RESOLUTION NO. 85 - IN RECOGNITION OF THE TOMPKINS COUNTY HEALTH DEPARTMENT CERTIFIED HOME HEALTH AGENCY – TOMPKINS COUNTY HOME HEALTH CARE

    MOVED by Ms. Robertson, seconded by Ms. Schuler, and unanimously approved by voice vote of members.  RESOLUTION ADOPTED.  Ms. Robertson introduced the following four employees from the Home Health Agency who were present to accept the resolution:  Melissa Gatch, Kathy Camilli, Kathy Taves, and Jennifer Grier.

    WHEREAS, the Tompkins County Health Department Certified Home Health Agency (Tompkins County Home Health Care) has recently completed the recertification process with the New York State Department of Health, and
    WHEREAS, the recertification process, which is not announced, involved five days of onsite work, fifteen intensive chart reviews, five home visits with staff, ten personnel chart reviews and policy and contract reviews, and
    WHEREAS, the agency has earned the state’s highest level of approval on their recertification survey and has been found to be in substantial compliance with all State and Federal Statutes, Rules, and Regulations that govern the agency, and
    WHEREAS, the agency participated in a recent Medicare quality outcomes survey by Island Peer Review Organization (IPRO) and was able to demonstrate patient improvements from our care in thirty-seven out of forty possible outcomes, and
    WHEREAS, the agency has scored at or above the state and national averages in ten out of eleven quality indicators according to the National Medicare Home Care Comparison Reports, and
    WHEREAS, the agency had a ninety-eight percent satisfaction rate based on satisfaction surveys of clients in 2003, now therefore be it
    RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature commends the Tompkins County Health Department Certified Home Health Agency for their efforts in providing quality home care to the residents of Tompkins County.
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Privilege of the Floor by the Public

    Fay Gougakis, City of Ithaca resident, reminded individuals that the final environmental impact statement regarding the Cornell University Veterinary School Incinerator Replacement Project was available at the Tompkins County Public Library, Town of Ithaca offices, and the Cornell University Veterinary School.  She then spoke in regard to cellular phone usage in the Tompkins County Public Library.  She has seen the rules regarding cellular phone usage and feels more restriction is necessary.  She reiterated Cornell University and Ithaca College's policies against the use of cell phones in any of its libraries and does not feel the County should allow it either.   Ms. Gougakis then spoke of her concern regarding speeding within the City of Ithaca and noted many individuals are using cellular phones while driving. 

    Rick Livingston-Lackner, Coordinator of SPACE -- the Starlight Peer Advocacy Center for Empowerment program, spoke of May being Mental Health Awareness Month.  He thanked the Legislature for their support of the Starlight program and asked for continued support.  Mr. Livingson said one out of every three individuals has suffered at some point in their life with a form of mental illness.  He encouraged members to review the brochure he provided on mental health services and noted that peer counseling has been shown to be a very effective counseling method that is more affordable.

    Richard C. Sponable, resident of Newfield, submitted the following statement:

    "I would like to address the Board in support of the resolution submitted by Representative Winch opposing the state bills A5056 and S9556 on pistol permit holders and gun dealers.  Some parts of this were contributed by Michael McCorry, Plattsburg, New York.

    "I believe that taxation without representation has been done before to no avail.  I also believe that if Government is going to levy fees then something beneficial should befall the people that are footing the bill.  In this case it is just not so.

    "This legislation is NOT about safety, security, or anything else like that, it is simply a means to an end, a multi-million dollar end at that.  Funded by the sportsmen and women of New York State with absolutely no benefits to anyone whatsoever.

    "Please try and see the injustice and discrimination contained in these Bills.  The State of New York's budget woes are everyone's problem; do not single out a group just because we practice our individual rights and constitutional guarantees.

    "Crimes committed by permit holders are for all purposes non-existent.  New York has nothing to fear from its licensed pistol permit holders, it's the criminals that are to be feared.  We have gone thru all of the required checks and references, we are not the problem.  We are more responsible than some because as far as the State of New York is concerned, we have answered and withstood all of their requirements, have done the dance, and have gone thru the process.  The real question before us is; Do we now get to enjoy the benefits of the process or are we to be "contained" and pushed aside?

    "I would like to share a few comments from others concerning various parts of the proposed legislation.

Senator Joseph Bruno - "That hits over a million upstaters annually, they're law-abiding citizens.  They've qualified for the license, which is hard to do.  And I'm not sure we should be escalating the costs."

Erie County Clerk David J. Swarts sees enacting these proposed fee changes as "an administrative nightmare."

 "These fees would become a burden on county clerk's office staffs to fulfill all sections of the law,"  Swarts said.  "This county has the largest number of permit holders in all the state, almost 70,000, and, as mandated in this proposal, all permits would need to be reissued by February of 2005.  The clerk's office would have to triple its staff to comply with this new law.   … A pistol permit is more akin to a property deed or a marriage license than to a driver's or fishing license.  After thorough checks, government agencies do not charge additional processing fees for continued property ownership or for an ongoing marriage."

    "As of January 2004, there have been 59,795 guns registered in COBIS.  As of that date, not one of the registered guns had been linked to a crime. (Combined Ballistic Identification System).

    "Senator Bill Larkin (R-C, Cornwall-on-Hudson) said, "… Law-abiding citizens and sportsmen who have always legally obtained their firearm licenses would be unfairly penalized under the plan.  Therefore, I will advocate against this exorbitant fee increase."

    "Part of the proposed legislation says that the increased moneys will be used to update the Pistol Permit computer for the State Police system. The fact is that according to the 1999 New York State Police Annual Report:  http://www.troopers.state.ny.us/Intro/Annual/99Ann/99Admin.pdf  "...maintained a file containing more than a million pistol/revolver licenses issued in the state dating to 1936, including 10,388 received during 1999.  Information on 1,120,551 firearms is on file.  During 1999, a total of 65,632 licenses were amended and 2,149 were canceled or revoked; 90 new firearms dealer and gunsmith licenses were received and filed, and 743 others were renewed.  Retail firearms dealers reported 77,423 transactions.  During 1999, 14,410 nuisance firearms were destroyed in New York State, as mandated by law, of which the division destroyed 2,088."

    "The process of modernizing the Pistol Permit Section's records storage and retrieval system continued throughout 1999, resulting in a number of system and capabilities improvements.  Pistol permit confirmations can be accomplished in most cases instantaneously via a search of the newly computerized database.  Similarly, it is now possible to conduct a weapon serial number search instantly, whereas prior to this initiative such an inquiry could only be performed on an overnight basis.  New data entry requirements have enhanced the section's ability to conduct a much wider variety of inquiries.  Searches specific in nature, which would not have been possible prior to these improvements, can now be accomplished.

    "This doesn't sound like a very outdated system and seems very capable of gathering and tracking pistols.

    "Cayuga County Legislature unanimously passed a  resolution opposing Pataki's proposal.

    "Two speakers said before the vote that the budget request would burden the county sheriff's department and county clerk's office with extra work to process the renewals.  Many handgun owners would be unable to afford the additional fee, they said, and the proposal would trigger the ownership of more illegal handguns.  'It won't take long before the Saturday night special becomes the every night special.' Said Nelson Jameson, the county's second deputy clerk.

    "In addition to Cayuga County, Orange County, Putnam, Dutchess, Hamilton, Columbia, Lewis, Orleans, Tioga, Niagara, Yates, Sullivan, Cattaraugus, Cayuga, Erie, St. Lawrence and Delaware, Allegany counties have also passed resolutions in opposition to renewable licenses and increased fees.  I know there are others, but these are the only ones I could confirm.

    "It is for the above reasons that I strongly urge you to vote for the resolution opposing this legislation as its unfair and just plain discriminatory against law abiding citizens and shows no promise of improving the existing safety, but instead does increase the burden on local government as attested to by other counties representatives."
    Rebecca Elgie, a member of the Tompkins County Health Care Taskforce and Ithaca resident read the following statement:
 
"I am speaking tonight in support of your Health Care Resolution.  The resolution speaks of the racial, income and ethnic disparities.  One in three Hispanics and one in five African Americans are without health care coverage.   In Tompkins County 10.69% or 9,600 Tompkins County residents are without health insurance.  Insurance coverage is significantly different based on income.   Approximately 46% of residents earning $15,000 or less are uninsured, 23% earning $15,000-$25,000 are uninsured, 18% of residents earning $25,000-$35,000 but of those making $45,000-$75,000 only 1.1% are uninsured.  It also varies by age, of those who are 17 years  and younger 5.6% of these young people are uninsured in Tompkins County.  There are 8.5 million children in the U.S. without coverage.

"The consequences of people not having insurance are many.  People without health insurance live sicker and die younger.  Uninsured women with breast cancer are at 30-50% higher risk of dying.  Uninsured residents  are 4 times more likely to experience hospital and emergency room visits.  One half of bankruptcy filings are due to medical bills.  Minor illnesses become major ones because care is delayed.

"Many with private coverage through jobs are at risk of becoming uninsured due to the rising cost of premiums.   Premium costs increased an average of 14% in 2003.  We need to reverse this disturbing trend of higher costs for insurance and increasing numbers of residents without insurance.  We are working to elevate this issue to national and local agendas and to educate Americans about these problems. Passage of this resolution by our county legislators is an important step in this direction."

    Bernie Fetterly, member of the Tompkins County Health Care Task Force, read an update from the Kaiser Family Foundation in the hope that it will help with the decision on the declaration of uninsured week in Tompkins County. 

"Health care spending in the U.S. totaled $1.6 trillion in 2002: $530 billion went to Hospitals, $320 billion went to Physicians and Providers, and $160 billion went for prescription drugs.  Where did the other $600 billion go?  This proves that only 50% of for-profit health care dollars go for health care.  Enrollment in PPOs have gone up from 28% to 54% in recent years, while enrollment in HMOs have declined from 31% to 24%. This proves that employers will not and are not helping us solve our health care problems. PPOs have higher deductibles making it cheaper for employers to cover their employees, but increases the amount employees must pay, and may give less coverage.

"Nationwide, Medicaid is the largest source of public funding for family planning services.  Medicaid is a critical source of support for family planning in the United States.  In 2002, nearly 11% of women of reproductive age were covered by Medicaid.  Eighteen states have initiated special waiver  programs to keep public funding for family planning, but what happens next."

He hopes this will help Legislators understand how important it is to pass the resolution for uninsured week and get involved in health care reform.

Reverend Wilfred J. Baez, Pastor of the Danby Federated Church, and United Methodist Elder and United Church of Christ Clergy, spoke in favor of the "Cover the Uninsured and Universal Health Resolution" citing the incidence of uninsured persons in the United States and the U.S. religious communities' belief that the lack of health care access in the U.S, is immoral and can be addressed if there
 is the political will to do so.

    Bruce Babcock, resident of Trumansburg, addressed the Legislature regarding several concerns related to a variety of incidents that occurred to him personally as a blind individual living in Tompkins County.  He indicated these incidents spanned several years, stating he dealt with many agencies and individuals.  In addition, Mr. Babcock expressed his displeasure in the recent increase in his property assessment, particularly since his property assessment had been reduced several years prior.
 
Privilege of the Floor by Legislators

     Ms. Kiefer, District No. 10 Legislator, noted the issue of cellular phone use within the Tompkins County Public Library will be an item on the May 6th Consumer and Community Affairs Committee agenda.  She also spoke of a recent article on West Nile Virus that reported the virus-carrying mosquitoes only travel one-hundred feet from where they hatch.  She spoke of the need to remove standing water and hoped that the highway departments would be able to assist by filling potholes and roadside depressions.

    Ms. Blanchard, District No. 1 Legislator, spoke of the April 22, 2004, Workforce Summit sponsored by Tompkins County Area Development, the Workforce Investment Board and the Tompkins County Chamber of Commerce.  She said the keynote speaker was an internationally known futurist who alternately scared and inspired attendees.  A report will be forthcoming later this summer and will involve community discussion.  Ms. Blanchard reported the potential offered by the workforce of the community is perhaps the strongest local resource the County has and is an integral part of economic development planning.  She said residents of the County are fortunate to have the Workforce Investment Board and One-Stop Center in Ithaca, noting it is a leader in this field.  Ms. Blanchard then shared information received from Sheriff Meskill commending Becky Bush of the Department of Social Services, and other staff working with her in recovering $32,159 in unpaid reimbursements for the Department of Health.  These funds were expenses for medical care of inmates spent by the County.

Ms. Robertson, District No. 13 Legislator, said that many parents rely on cellular phones to reach children who may be studying at the library, and for that reason she understands why some usage should be permitted.  She then made the following statement:

"Last Sunday she spent the day with her son and daughter, and more than a million friends. They were part of the March for Women’s Lives in Washington, along with 250 women, men and children who rode the organized busses from Tompkins County, and many others who drove down on their own.

"The march wasn’t only about a woman’s right to decide when and whether to have a baby. It was also about education and health care and peace. But the abortion issue was preeminent, because women know we are one Supreme Court Justice’s vote away from losing the right to choose.

"For anyone listening who may be too young to remember the days before Roe v. Wade decriminalized abortion, let me just say this: The most passionate voices for choice were the emergency room doctors and nurses who struggled to save women’s lives, women who all too often died of infection and bleeding, caused by their desperate attempts to terminate a pregnancy.

"Half of all pregnancies in this country are unintended. More than half of those pregnancies end in abortion. As long as birth control is not perfect, or universally available, as long as people are not perfect, women will find abortions. They will either be legal and safe abortions, or illegal and dangerous. In 2000, 391 Tompkins County women had abortions, and as did more than 125,000 women across New York State. If we lose the right to choose, how many of those women will be put in jail? How many will die?"

Mr. Lane, District No. 14 Legislator, spoke of the failure to pass the State budget and the effect it is starting to have.  He indicated Tompkins Cortland Community College has an approved capital project, and it is the start of the construction season, however they cannot proceed due to the inability to determine the State's share of the project.  As a result this project may not be started this year, which is a concern due to the growth in student population.  He then spoke of the meetings taking place with the Conference Committee regarding election reform, including discussions of how to spend the money for electronic voting equipment.  However, Legislators are only spectators, but can provide an opinion to the State government.

Mrs. McBean-Clairborne, District No. 2 Legislator, thanked fellow Legislators Kiefer and Robertson for their comments related to individual rights and welfare.    She then asked that residents and motorists traveling throughout the County and City be cautious of the numerous construction areas and that detours often take drivers into residential neighborhoods.  Mrs. McBean-Clairborne spoke of the upcoming event in the Human Services Building to bring awareness that women are beautiful regardless of the body they may be in.  She feels it is important to teach young women to be themselves.

Ms. Schuler, District No. 4 Legislator, said the Ithaca Festival Buttons are now available, noting the design credit goes to local photographer Dede Hatch.  She reported that on May 9th there will be another Better Housing tour taking place.  Ms. Schuler then suggested that individuals remember they can place their recycling at the curb in the appropriate container to alleviate delays at the Solid Waste Facility.

Mr. Proto, District No. 7 Legislator, complimented the Legislature on its support of the Danby Agriculture and Horticulture Academy.  He reported this program is in its third years and has three courses at Cornell University, with TST BOCES and the Ithaca City School District overseeing this.  He hopes to work with Mr. Gutenberger and others to develop this program further to be able to provide a reason for youth to remain in the area.  Secondly, Mr. Proto complimented Tompkins County Sheriff Peter Meskill for his assistance due to an accident occurring to Mr. Proto.  The accident was due to an uncovered load of gravel being hauled.  Mr. Meskill put out reminders to local firms, both trucking and gravel sales businesses.  Since that time Mr. Proto has not seen anyone failing to follow the laws related to covered loads.

Mr. Booth, District No. 3 Legislator, indicated from his perspective he does not believe people should use cellular telephones while in the library.

Mrs. McBean-Clairborne reminded colleagues to continue discussions regarding race and relations within the County.  Also, on April 26, 2004, she attended a tourism appreciation luncheon where the topic of the economic development possibilities associated with the waterways of Tompkins County was discussed.  She urged the Legislature to consider other ways to craft ideas to be incorporated in a comprehensive plan.

Report from Municipal Official

    Maria Coles, City of Ithaca Alderwoman, thanked Ms. Robertson for her comments related to a woman's choice for abortion, noting she had a collegiate friend almost die due to an illegal abortion in the 1960's.  She then spoke to the Legislature that the dispatch agreement is continuing to be discussed with the next City of Ithaca meeting occurring May 12, 2004.  In addition, conversations on racism, specifically in the employment area have begun within the City of Ithaca.  Ms. Coles said Mayor Peterson is in the process of setting up an Intermunicipal Commission that Ms. Coles will Chair, and asked for input from County Legislators.  Mr. Proto said that he has heard many people inquire about the potholes within the city and asked for a status report.  Ms. Coles said the Public Works department has been attempting to repair the potholes while doing other projects and it is hoped they will be completed soon.

    Mr. Booth spoke of the north/south road in the southwest area of the City.  He believes that the road needs to be done and believes that the east/west road will be difficult due to the level of development.

    Mr. Whicher inquired about the dispatch agreement, stating he had thought the City would be meeting with the County.  He inquired whether the May 12th meeting was to be a joint meeting.  Ms. Coles will find out the details and notify Mr. Whicher.

Presentation of Resolution(s) from the Health and Human Services Committee

RESOLUTION NO. 86 - DECLARATION OF MAY 10-16, 2004, AS TOMPKINS COUNTY “COVER THE UNINSURED WEEK”

    MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne.  Mr. Proto noted that he will support the resolution as it states that everyone should have access.  He indicated Federal legislators should be encouraged to review the method of payment within the Medicaid/Medicare systems.  He believes many dollars have been misspent and suggested Comptroller Hevesi look for the State as well.  Ms. Robertson thanked the Health Care Task Force for bringing this resolution to the Legislature.  She believes that the lack and cost of health care make it important and that affects everyone.  Ms. Robertson  said an estimated  10.69 percent of Tompkins County residents do not have health insurance, noting it increases cost for everyone through higher premiums for those who do not have insurance.  Ms. Kiefer noted that the present system came into existence after World War II when employers offered health insurance as a means to keep salary costs low.  She said this was the beginning of the employer-based health insurance system and was not a good idea.  Ms. Kiefer said an informal survey showed the majority of the legislators supportea single-payer approach.  She asked if it might be noted within the resolution and Ms. Robertson said she would prefer the resolution not be changed as she would like the resolution to be approved unanimously.  Ms. Kiefer than requested that it be noted in a cover letter.  Ms. Robertson will present this resolution to Congressman Hinchey in a press conference at the Cornell Reading Room on Saturday, May 8, 2004.

    A voice vote resulted as follows:  Ayes - 15; Noes - 0.  RESOLUTION ADOPTED.

    WHEREAS, the United States has the most expensive health care system in the world in terms of absolute costs, per capita costs, and percentage of gross domestic product (GDP), and
    WHEREAS, despite being first in spending, the United States has been ranked by the World Health Organization as 37th among all nations in terms of meeting the health care needs of its people, and
    WHEREAS, 44 million Americans, including 8 million children, are currently uninsured, and
    WHEREAS, tens of millions more Americans are inadequately insured, including Medicare beneficiaries who lack access to prescription drug coverage and long-term care coverage, and
    WHEREAS, racial, income, and ethnic disparities in access to health care threaten communities across the country, particularly communities of color, and
    WHEREAS, health care costs continue to increase, jeopardizing the health security of working families and small businesses and increasing the cost of local government, and
    WHEREAS, under the present United States system, dollars that could be spent on health care are being used instead for administrative and marketing costs instead of patient needs, and
    WHEREAS, the current health care system is a significant barrier to the growth of our economy, and significantly damages the quality of life of the citizens of Tompkins County, and
    WHEREAS, the Robert Wood Johnson Foundation has announced that May 10-16, 2004, is national “Cover the Uninsured Week,” and
    WHEREAS, former Presidents Gerald Ford and Jimmy Carter, and former Surgeons General and Secretaries of the Department of Health and Human Services call upon the country to provide adequate health care services to all Americans, now therefore be it
    RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature declares that May 10-16, 2004 is Tompkins County “Cover the Uninsured Week,”
    RESOLVED, further, That the Tompkins County Legislature calls upon the House of Representatives and the Senate to enact legislation to guarantee that every person in the United States has access to health care, regardless of income, age, or employment or health status,
    RESOLVED, further, That copies of this resolution be sent to Senators Clinton and Schumer, and Congressmembers Boehlert, Hinchey and Houghton.
SEQR ACTION:  TYPE II-20

Presentation - Natural Resources Inventory Interactive Website

    Sharon Heller, GIS Analyst for the Planning Department, gave a presentation of the online version of the Natural Resource Inventory.  This system allows individuals within the County as well as others to view such items as hydrological resources, land resources, ecological resources, landscape analysis resources, and provides an interactive mapping ability.  Ms. Heller showed Legislators how to utilize the site, indicating it is a useful tool for planning purposes as well as for individuals to find out specific information when determining to purchase real property within the county.  Members of the Legislature inquired if water and sewer information was available; it is not at the present time but may be added in the future.  It was noted that the slope is available, although it is not as accurate as the hydrology and assessment information.

    Mr. Lane spoke of how the web site was utilized when reviewing information for a real estate transaction.

Chair's Report

Mr. Joseph, Chair, presented the following service recognitions certificates to Legislature members:

Ten years of service:
·    Barbara Blanchard
·    Dooley Kiefer
·    Michael E. Lane
·    George Totman

Fifteen years of service:
·    Nancy Schuler

Mr. Joseph then stated that periodically photographs of the Tompkins County Legislature are taken for historical purposes and he would like to do this June 1. 

Mr. Joseph spoke of his efforts to have a parole reentry program started in Tompkins County.  On May 20th Anthony Ellis, State Director of Parole; Mary Ellin Flinn, a top executive in New York State Parole; Roger Jeffries, Deputy Director of Criminal Justice Services; and Michael Magniani from the Office of Court Administration will come to visit the City Drug Court and Day Reporting Center from 11:30 a.m. - 1:30 p.m.  Mr. Joseph said discussions will include what they would like to have done with parole reentry and what would they like to do.   He reported that State Comptroller Hevesi visited the County to discuss the State's pension fund earlier today.

Mr. Joseph said that Ms. Robertson, Mr. Tom Corey, Co-Chair of PushBack, and Mr. Gary Smith, Groton School Superintendent, met with Senator Seward in the Cortland office.  He reported that Senator Seward indicated there may be a cap on local spending for Medicaid coming from the Legislature this year at the 2003 level. Senator Seward said it would mean the State would only be paying 1/4 of their fiscal year at that rate, so they might be able to absorb the costs.

Report from the County Administrator

     Mr. Whicher, County Administrator, stated he recently visited Putnam County and discussed how their Mental Health Department operated as a not-for-profit agency.  He said while he found it interesting their County operates differently than Tompkins County.  Mr. Whicher also toured the new Emergency Response Center built by Putnam County that is 15,750 square feet. 

Mr. Whicher also reported he has spoken to department heads regarding the process completed during the budget retreat.  He noted that there was concern of how the target would be set and what the process would be.  He spoke of the potential 2.2 million dollar gap and a statement that it translates to 55 jobs.  Mr. Whicher said that it is an incorrect assumption and should not be used; there are many ways to resolve the budget problems, and it is not necessarily true that there will be many jobs lost.

Mr. Whicher reported road patrol negotiations have begun, with Paul Mayo as the County representative for this process.  Mr. Whicher then reported that on May 7th he will meet with Motorola for the initial contract negotiation meeting.  The last item he reported is that he has been receiving positive feedback concerning the discussions with Cornell University about the Public Safety Communications System and the airport. 

Report from the County Attorney
         
    Mr. Wood, County Attorney, did not have a report.

Report from the Finance Director

    Mr. Squires, Finance Director, stated the annual Tompkins County financial report has been filed; the Budget and Capital Committee will receive a report May 25, 2004.  He noted the County is one of the few counties to have a stable year.  He also reported that May 26th is the County's auction; properties are listed at www.reynoldsauction.com.  At this time there are twenty-five parcels, three of which are the City of Ithaca's.  Mr. Proto inquired about the cost to the County for individuals attempting to avoid foreclosure.  Mr. Squires said that the County charges a fee for additional costs due to the additional work completed related to the foreclosures.  Mr. Squires said that Tompkins County has been fortunate to avoid what is called an overlay (which provides for the uncollected taxes) when setting the tax levy.

Recess

    Chair Joseph declared recess at 7:22 p.m.  The meeting reconvened at 7:33 p.m.

    Mr. Totman was excused at 7:33 p.m.

Additions of Resolution(s) to the Agenda

    There were no resolutions added to the agenda.

Withdrawal of Resolution(s) from the Agenda

    There were no resolutions withdrawn from the agenda.

Approval of Resolution(s) Under the Consent Agenda

    There were no resolutions approved under the Consent Agenda.

Approval of Appointment(s) Under the Consent Agenda

    It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following appointments under the Consent Agenda:

Family Court Advisory Council
Nancy Zook - Youth Board Representative; term expires December 31, 2006

Traffic Safety Board
Maria Coles - City of Ithaca Police representative; term expires December 31, 2004
Victor Jorrin - Metropolitan Planning Organization representative; term expires December 31, 2004
Peter Messmer - Highway Division representative; term expires December 31, 2006
Doug McEver - Village Police representative; term expires December 31, 2005
Lawrence Jackmin - New York State Police representative; term expires December 31, 2006

Report and Presentation of Resolution(s) from the Budget and Capital Committee

    Mr. Koplinka-Loehr, Chair, reported the Committee met April 27th.  Committee actions are reflected on the agenda in the form of resolutions or will be presented at a future meeting.  He said he will set a meeting with Committee chairs as the Legislature moves forward with the budget process. Legislators and staff were thanked for attending the budget retreat and the work that was done and he feels a lot of progress was made.  He also reminded Legislators about the Tompkins Cortland Community College combined budget meeting being held May 19th.  A packet of information relating to rollover requests has been distributed as the Committees will be reviewing Department requests.

RESOLUTION NO. 87 - ESTABLISHMENT OF 2005 - 2006 COUNTY FINANCIAL GOALS

    MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman.  Mr. Penniman said he suggested the three percent tax levy increase at the Committee level using the rationale of inflation running about two percent and the population growth running at one percent.  He feels the three percent is a minimal and fair increase; however he expressed concern that it is early to be this specific with setting a tax levy increase.  He would like to know how much of the increased assessment is due to new construction.  Mr. Lane said last year 70 percent of the increase was market value mostly on residential properties and 30 percent was new construction and other changes in assessment.  Mr. Whicher said he will have the information provided but historically it has been 1/5 to 2 percent. 

    Ms. Kiefer said she prefers not to decrease the property tax rate because the County cut a lot last year and cannot see finding $2 million worth of cuts again this year without seriously damaging services including preventive services.  She cannot support the maximum annual increase in the tax levy of three percent or the statement that the County's workforce should be held at or below current levels for the next two years.  She believes the County's current workforce is below what it should be now and feels it is too soon to be making this decision. 

    Mr. Lane thanked the Budget and Capital Committee for bringing this resolution forward and feels it sends the correct message to the people in the community.  He said this percentage is a goal for the Legislature not a commitment. 

    Mr. Joseph feels it is a mistake to set a public expectation this early in the process as there are a lot of unknowns including the impact of the State Budget.  However, he will support the resolution because the expectation has been set as it has already been publicized that this is a goal of the Legislature and he will try to meet it. 

    Mr. Penniman stated he is supporting the resolution because the property tax has taken the brunt of tax increases for many years even though our State Legislators, whose actions have caused much of it and there has been a shift in governmental responsibility to the property tax.  It is the only tax that continues to increase. 

    Ms. Robertson said that at the retreat she did not support the resolution; however, she will vote in favor of it this evening, but expressed concern with the unknowns with respect to State mandate costs.  She is aware there are a number of initiatives underway and is encouraged.  She asked how the County Administrator would handle the budget if he did not feel 3% was a reasonable levy increase.  Mr. Whicher said he would report immediately to the Legislature any problems or if he felt the budget was not responsible.  However, he feels that with the information known at this time, that a three-percent tax levy is a reasonable expectation.

    A roll call vote resulted as follows on the resolution:  Ayes - 12; Noes - 2 (Legislators Kiefer and Schuler); Excused - 1 (Legislator Totman).  RESOLUTION ADOPTED.

    WHEREAS, Tompkins County, as part of its budget policy and process, wishes to develop financial parameters for the County, to establish the framework for the budget over the next year, now therefore be it
    RESOLVED, on recommendation of the Budget and Capital Committee, That the Legislature establishes the goal of reducing the 2004 ($7.47/1,000) tax rate for 2005 and 2006,
    RESOLVED, further, That the Legislature establishes the goal of a maximum annual increase in the tax levy of 3 percent for 2005 and 2006,
    RESOLVED, further, That the County Administrator shall be charged to recommend further consolidations of departments and functions where opportunities exist for improved efficiencies,
    RESOLVED, further, That the County maintain workforce levels at or below current levels in the 2005 and 2006 Budgets.
SEQR ACTION:  TYPE II - 20

Report from the Government Operations Committee

    Mr. Lane, Chair, said the Committee has not met since the last meeting.  He reminded Legislators of the trip to Chemung County on May 10th to learn about their County Executive form of government.

Report and Presentation of Resolution(s) from the Communications Capital Projects Committee

    Mr. Penniman, Chair, said the Committee met earlier today and discussed the development of a plan for addressing the SEQR (State Environmental Quality Review) process on the new public safety communications system.  Planning Department staff will be coming back to the Committee with a recommendation.  The Committee also discussed and approved the following resolution.

RESOLUTION NO.  88 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO AN INITIAL AGREEMENT FOR PROJECT MANAGEMENT SERVICES FOR THE PUBLIC SAFETY COMMUNICATION SYSTEM CAPITAL PROJECT

    MOVED by Mr. Penniman, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present.

    WHEREAS, Tompkins County will negotiate and implement a contract for the Public Safety Communications System capital project, and
    WHEREAS, the County has issued a Request for Qualifications (RFQ) for project management services, and
    WHEREAS, eight responses to the RFQ were received and four companies were interviewed, and
    WHEREAS, the review process has been completed and SSI, Inc., of Limerick, Pennsylvania, has been selected to assist with the implementation of the Public Safety Communications System, and
    WHEREAS, in an effort to begin utilizing the services of SSI, Inc., as soon as possible, an initial contract for work on an hourly basis shall be issued, and
    WHEREAS, a final scope of services will be negotiated with the vendor, pending satisfactory completion of initial services rendered, now therefore be it
    RESOLVED, on recommendation of the Communications Capital Projects Committee, That the County Administrator be authorized to enter into an initial contract with SSI, Inc., of Limerick, Pennsylvania, for a total amount not to exceed $30,000, for assistance in the contract and system negotiations with Motorola, for the implementation of the Public Safety Communications System, the funds for which are available in the current capital project, (Project No. 34.12) Account No. HI3412-59239.
SEQR ACTION:  TYPE II-21

Report from the Space Needs and Location Committee

    Mr. Proto, Chair said the Committee has not met since the last meeting.  The next meeting is May 12th and the Committee will be reviewing the Request for Qualifications and have an update on the status of various projects. 

Report and Presentation of Resolution(s) from the Health and Human Services Committee

    Ms. Robertson, Chair, said the Committee met April 28th and will meet again May 12th.  The Committee heard a report concerning the rabies program at the Health Department.  Free rabies clinics are scheduled for the month of May.  Ms. Robertson encouraged residents to have their domestic animals vaccinated for rabies.  People exposed to rabies are required to receive a series of five injections over the course of a month.  In 2003, there were 115 clients that equated to 460 visits to the Health Department for rabies shots.  A position request for a Community Health Nurse at the Health Department was approved.  The vacancy occurred due to the stress of the budget process and increased workload.  Child Protective Services staff and Tommy Miller of Catholic Charities who works for the Community Connections program gave a presentation on the services provided.  Audrey Cooper of Multicultural Resource Center provided a brief overview of her program. 

RESOLUTION NO.  89  - AUTHORIZATION TO ACCEPT INNOVATIVE DENTAL HEALTH SERVICES GRANT FUNDS AND ASSOCIATED BUDGET ADJUSTMENT – HEALTH DEPARTMENT AND DEPARTMENT OF SOCIAL SERVICES

    MOVED by Ms. Robertson, seconded by Ms. Schuler.  Mr. Proto recalled that when the program was developed it was for an 18-month period expiring in June or July of this year and said a report was expected to determine if and how it would continue.  Ms. Robertson said the grant application was submitted last summer but the contract was just received last week.  A written report is due to the State in July and the Committee will have an update in June.  The caseloads continue to increase as does the number of dentists.  Ms. Robertson said she would provide more information on the program.  Ms. Kiefer said she would like additional information as well.

    A voice vote resulted as follows on the resolution:  Ayes - 14, Noes - 0, Excused - 1 (Legislator Totman).  RESOLUTION ADOPTED.

    WHEREAS, the Tompkins County Health Department has been awarded $32,109 by New York State to support the Tompkins County Department of Social Services’ program to increase accessibility of dental care by private Tompkins County providers for Medicaid clients, now therefore be it
    RESOLVED, on recommendation of the Health and Human Services Committee, That the Health Department is authorized to accept and transfer said funds to the Department of Social Services,
    RESOLVED, further, That the Director of Finance is authorized to make the following budget adjustment on his books:
        REVENUE            A4010.43489    Other State Grants        $  32,109
        APPROPRIATION        A4010.54442    Professional Service Fees    $  32,109
SEQR ACTION: TYPE II-20

Report and Presentation of Resolution(s) from the Public Safety Committee

    Ms. Blanchard, Chair, said the Committee met briefly prior to the Legislature meeting and approved various appointments and the following resolution.  She announced that at the next meeting on May 6th, the report by Jacobs Facilities representatives about the Public Safety Building project will be postponed due to the rapidly rising costs of steel and the consultants are wanting to review their cost estimates. The Traffic Safety Board will hold its annual meeting following the next regular meeting of the Public Safety Committee.

RESOLUTION NO. 90 - IN OPPOSITION TO PROPOSED AMENDMENTS TO PISTOL PERMIT HOLDERS, DEALER AND GUNSMITH FEES

    MOVED by Mr. Winch, seconded by Ms. Herrera.  Ms. Schuler asked if the fifth Whereas could be deleted and accepted as a friendly amendment.  Mr. Winch did not accept the amendment as friendly.  Ms. Kiefer asked for clarification on the statement made under privilege of the floor concerning the burden that would be placed on County Clerks and the resolution below states this law would be a burden on the Sheriff's Department.  Mr. Winch feels that there are different policies in different Counties and in Tompkins County it is the Sheriff's Department that would be responsible.

    In response to Ms. Kiefer's question about fees, Mr. Winch briefly reviewed the proposed fee schedule and process. 

    Following further discussion, Ms. Kiefer explained she would be voting against the resolution as she finds raising fees is not objectionable if they serve a purpose.  A voice vote resulted as follows on the resolution:  Ayes - 13, Noes - 1 (Legislator Kiefer), Excused - 1 (Legislator Totman).  RESOLUTION ADOPTED.

    WHEREAS, as part of this year's budget submission, the Governor proposed amendments to the pistol permit, Dealer and Gunsmith fees, and
    WHEREAS, the corresponding Senate Bill is S-6056 and Assembly Bill is A9556, and
    WHEREAS, the imposition of such changes would greatly increase the fees paid for licenses, and
    WHEREAS, the vast majority of current pistol permit holders are honest, law-abiding taxpaying citizens, and
    WHEREAS, all pistol license holders would be required to submit a listing of all other firearms, including shotguns and rifles currently owned by them, every three (3) years, and
    WHEREAS, the imposition of such fees would be a burden to the permit holders of the County of Tompkins, and create additional work for the Tompkins County Sheriff's Office without adequate compensation, now therefore be it
    RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature petitions the Legislature of the State of New York to oppose Senate Bill S-6056 and Assembly Bill A-9556,
    RESOLVED, further, That certified copies of this resolution be forwarded to Governor George Pataki, New York State Assembly Speaker Sheldon Silver, New York State Senate Majority Leader Joseph L. Bruno, Senator John R. Kuhl, Senator James Seward, Senator Michael Nozzolio, and Assemblywoman Barbara Lifton.
SEQR ACTION:  TYPE II-20

Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee

    Mr. Booth, Chair, reported that at a previous Committee meeting a request was endorsed for Information Technology Services to spend $12,000 to upgrade software in the Office for the Aging.  He said the Solid Waste Division is looking again at traffic management and is conducting a study.  At the last meeting the Committee discussed mandates that he reported on at the budget retreat. 

RESOLUTION NO. 91 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 10 WITH C&S ENGINEERS, INC. FOR CONSTRUCTION OBSERVATION AND ADMINISTRATIVE SERVICES IN CONNECTION WITH THE AIRCRAFT RESCUE    FIRE FIGHTING (CRASH FIRE RESCUE) BUILDING    MODIFICATIONS AND ELECTRICAL EQUIPMENT RELOCATION  – ITHACA TOMPKINS REGIONAL AIRPORT

    MOVED by Mr. Booth, seconded by Mr. Proto.  Ms. Herrera spoke in opposition to the following resolution as she does not support the rate passengers are charged resulting in many people using other airports.  She said she awaits the report from the Air Service Task Force and hopes the conclusion is a non-tax solution.  A voice vote resulted as follows:  Ayes - 13, Noes - 1 (Legislator Herrera), Excused - 1 (Legislator Totman).  RESOLUTION ADOPTED.   
         WHEREAS, the County has awarded construction contracts for the Aircraft Rescue Fire Fighting (Crash Fire Rescue) Building modification, relocation of the electrical equipment and demolition of the old electrical vault, said project to cost a total of $373,338.50, and
         WHEREAS, there is a need for construction observation and administration services in relation to these two projects, and
        WHEREAS, funding for this project will come from Airport Construction Account No. HT.5601.59239, now therefore be it
      RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That a construction observation and administration contract with C&S Engineers, Inc., for $ 53,554.00 be approved and that payment for said contract shall be as follows:
         Federal Aviation Administration                            (90%)           $   48,198.00
         New York State Department of Transportation     (5%)             $     2,678.00 
         Local (Airline Rates & Charges)                           (5%)             $     2,678.00
   
                                                                                   Total                $   53,554.00
         RESOLVED, further, That the Finance Director is authorized to advance payments for these projects until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation.
SEQR ACTION : TYPE II-2

RESOLUTION NO. 92 - CONTINGENT FUND APPROPRIATION OF $64,066 TO PAY FOR COUNTY SHARE OF THE COST OF THE DEMOLITION OF OLD AIRPORT TERMINAL - ITHACA TOMPKINS REGIONAL AIRPORT

    MOVED by Mr. Booth, seconded by Mr. Lane.  Mr. Booth explained the Finance Director presented this request to the Facilities and Infrastructure Committee recommending the payment be made from the Contingency Fund. 

    Mr. Squires said the Airport has been on a downward trend financially.  Over the last three years the Airport has been spending more than it has been bringing in.  Enplanements are down to a ten-year low.  Currently, the cash flow of the operation is not sufficient to pay this bill.  If the Airport were to pay the bill out of their operating budget, on paper it appears fine, but what will happen is by year-end there would be a loan on the books of the Airport due to the General Fund.  This transaction would avoid that.  The average monthly income for the first four months of the year for the Airport is $117,000 and the outgo has been an average of $141,000 per month.  Two weeks ago the Airport borrowed money to cover its bills.  He said if the County wants to continue the Airport as an enterprise operation, it should be able to cover its costs on a purely cash basis, not from a budgetary basis.

    Mr. Penniman understands the Airport has a $2 million budget and that this bill was one of the items included in that budget and questioned why this particular bill was singled out to pay out of the Contingency Fund.  He is concerned that several months ago he asked at the Budget and Capital Committee when it was reported that the Airport will have a deficit that there be a review of the Airport's budget, and that did not happen.  He said until a review of the budget is done, he will not support these types of requests. 

    Ms. Blanchard reported on the Airport Services Task Force's organizational meeting to discuss the charge it was given at the last Legislature's meeting.  The Task Force divided itself into two work groups.  One work group will review the financial areas and will be led by Larry Baum of the Chamber.  The second work group will be looking at alternatives for the future and management structure and is being led by Mike Hall from PFA Consulting. 

    Mr. Lane reminded the Legislature that the Airport is the center of economic activity in the County as businesses are locating or relocating in that area.  This is something that has been studied and the Economic Development Strategy says the Airport is one of the prime factors in economic development in Tompkins County.  This Airport needs to remain strong or it will hurt the County's economy. 

    Mr. Winch said he is pleased the old terminal is gone and feels the contract obligation should be fulfilled.

    Ms. Kiefer said this resolution is not about the support for the Airport or honoring the obligation of a contract; it is about where the money is going to come from to pay the bill.  She feels it is too soon to appropriate money from the Contingency Fund and will not support the resolution.

    Mrs. McBean-Clairborne reiterated Ms. Kiefer's comments that this resolution is not about supporting the Airport or not.  She asked what the urgency was to pay the bill.  Mr. Squires explained his concerns that the Airport will owe the general fund at the end of the year and said the Airport will have no liquid assets.  He feels that if this bill is paid out of the Airport budget, there will be financial issues for the remainder of the year. 

    It was clarified that if the resolution failed the bill will be paid.  Following further discussion, a roll call vote resulted as follows:  Ayes - 7 (Legislators Blanchard, Booth, Koplinka-Loehr, Lane, Proto, Todd, and Winch); Noes - 7 (Legislators Herrera, Kiefer, McBean-Clairborne, Penniman, Robertson, Schuler, and Joseph); Excused - 1 (Legislator Totman).  RESOLUTION LOST.

    WHEREAS, Tompkins County entered into an agreement with Taughannock Aviation for cost sharing associated with the demolition and removal of the Old Terminal Building at a cost not to exceed $70,000, and
    WHEREAS, Taughannock Aviation has satisfactorily completed the demolition of the Old Terminal and submitted an invoice of $64,065.50 to the Ithaca Tompkins Regional Airport for the County’s share of cost of demolition, and
    WHEREAS, the  County Finance Director has advised that the financial resources of the Airport Fund are currently inadequate to absorb the payment for the demolition cost of the Old Terminal, now therefore be it
    RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That an appropriation of  $64,066 be authorized from the Contingent Fund to provide for the cost of the demolition of the Old Terminal Building,
    RESOLVED, further, That the Airport Fund shall reimburse the Contingent Fund for the $64,066 when resources become available,
    RESOLVED, further, That the Finance Director is authorized to make the following budget appropriations in implementation of this resolution:
From:               A1990.54400          Contingency Fund     $64,066
To :                 CT5610.54400        Airport              $64,066
SEQR ACTION: TYPE II- 2

Report from the Planning, Development, and Environmental Quality Committee

    Ms. Herrera, Chair, said the Committee will meet tomorrow and will have an update on the draft Tompkins County Comprehensive Plan.  She said the plan was made available to Legislators and is located in various other public locations.

Report from the Consumer and Community Committee

    Ms. Kiefer, Chair, said the Committee will meet May 6th.

Approval of Minutes

    It was MOVED by Ms. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the minutes of the April 7th and April 20th meetings as amended.  MINUTES APPROVED.

Adjournment

    On motion, the meeting adjourned at 8:48 p.m.

Respectfully submitted by Karen Fuller