Tompkins County Legislature
Regular Meeting
May 6, 2003


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 Proclamations

 

            Mr. Joseph read the following proclamations and declared:

 

May 2003 to be Older Americans Month in Tompkins County and presented the proclamation to Lisa Holmes of the Office for the Aging.

 

May 2003 to be  Mental Health Awareness  Month in Tompkins County and presented the proclamation to Kathy Wedge of the Mental Health Association.

 

May 11-17, 2003 as Police Week and May 15, 2003 as Peace Officer's Memorial Day in Tompkins County and presented the proclamation to Peter Meskill, Sheriff. 

 

Mr. Meskill thanked the Board and recognized Deputy Sheriff Michael Day, who has served thirty-one years and has been recognized through a valor award presented by a local television station for his efforts in saving an individual from a fire in Newfield. 

 

                        May 2003 to be Community Action Month in Tompkins County and presented the

proclamation to Lee Dillon, Director of Tompkins Community Action.

 

Mr. Joseph presented the following individuals with service awards:

 

Jonathan Wood, County Attorney - 10 years of service

Nancy Schuler, Legislator - 15 years of service

 

Privilege of the Floor by the Public

 

 

            Fay Gougakis, City of Ithaca resident, spoke about the potential closing of City of Ithaca facilities at Cass Park and the ice rink.  She expressed the need to maintain the facilities for youth in particular as it assists in maintaining mental and physical well-being.  She then expressed concern regarding awarding of tax abatements to businesses who do not give enough back to the community.  She commended legislators who carefully review the requests to determine if the assistance is in the best interest of the community.

 

            Monika Roth, Cornell Cooperative Extension, spoke about work that has been completed and work that is planned for the future with regard to the Neighbor Notification Law adopted by the Tompkins County Legislature.  She distributed a brochure that has been placed in garden stores that provides basic information regarding this law as well as phone and web reference information.  Several meetings have been held for owners of garden centers and the landscape industry.  At the present time a second brochure is being designed to provide information to those who hire landscaping firms.  When asked about pesticide applications on a small portion of a rural property (ex. one-half acre out of twenty-five acres) it was explained that the requirement of posting and notification still applies, stating that if anyone could walk by the area it requires posting of at least a minimum of two flags.  It does not apply to farms or fruit and vegetable gardens, but does apply to residential areas.

 

Presentation of Distinguished Youth Award

 

            Ms. Blanchard, District No. 1 Legislator, presented the April, 2003, Distinguished Youth Award to Elana Rosen White from the Alternatives Community School, for her school's service program.  Ms. Blanchard shared with the Legislator the many activities Ms. White has undertaken including volunteering at Loaves and Fishes, Suicide Prevention and Crisis Center, assisting the School Social Worker at Belle Sherman School, assisting in a presentation on service learning at the Fall Forum of Coalition of Essential Schools held in Washington, D.C., and will participate in a cultural exchange/service trip to the Freedom School on the Akwesasne (Mohawk) reservation. 

 

Privilege of the Floor by Legislators

 

            Mr. Winch, District No. 8 Legislator, spoke of Newfield School District's successful cheerleaders and band and how they are both well known for their successes.  He then reported of the band's recent success at a competition held in Virginia where they won first place in the ranking of schools having a student population of seven hundred-fifty or less.  He commended Ms. Powell, band director, as well as the students, Fine Arts Booster Club, and the community for their part in making this happen through local fund-raising efforts and hard work.

 

            Mr. Penniman, District No. 15 Legislator, spoke in response to the comments made by Ms. Gougakis regarding tax abatements, stating that in general he supports tax abatements and the Industrial Development Agency (IDA) density policy.  He said he feels the IDA does a good job and that Cornell University is making a contribution to the community by bringing employees to the downtown area.  He noted his concern was in regard to the parking area involved.  He feels the amount requested for it combined with the large subsidy gave him concern and it was for that reason he did not support the resolution.

 

            Mr. Koplinka-Loehr, District No. 11 Legislator, spoke of the historical background of Mother's Day, saying it was initially brought about as a day to remember peace.  In 1870 Julia Ward Howe requested that a day be set aside to take council as to the means by which the great human family can live in peace.  He asked that everyone remember on Sunday, May 11th, the spirit of where the nation is presently engaged and the original meaning of the day.

 

            Ms. Robertson, District No. 13 Legislator, spoke of a series of events concerning transportation issues within the County.  She reported that on Saturday, May 10, 2003, a program entitled "Curb Your Car," a community conversation, will take place with information available at www.tompkins-co.org\itctc\cyc on the series.  This is developed to provide information on alternative transportation methods for residents which will be especially useful during increased construction and road-repair season. 

 

            Mr. Lane, District No. 14 Legislator, spoke of the State budget passing and that it did not provide tax relief for counties.  He further commented on the County now having to review the information in order to determine how this budget will affect the County in the present and future budgets.  Mr. Lane said that the initial review of information received indicates there is no cap on Medicaid expenditure.  He then said the Governor has expressed his displeasure and has expressed the desire to inform the public of exactly what the budget does for them.

 

            Mr. Penniman, District No. 15 Legislator, indicated he would like to request an executive session at the end of the regular business meeting to discuss contractual matters.

 

            Mrs. Schuler, District No. 4 Legislator, spoke of the upcoming Ithaca Festival that begins on May 29th, commenting on how the event has grown over the years.  She provided the website of www.ithacafestival.org for individuals interested in seeing what is being offered as well as volunteering for this annual event.

 

            Ms. Herrera, District No. 5 Legislator, provided a reminder to constituents of the upcoming meeting of the fifth district/ward on May 13, 2003, from 7 p.m. to 9 p.m. in the Fall Creek Elementary gymnasium. This meeting will provide individuals an opportunity to have their opinions heard and ask questions of their City (Mr. Cogan and Mr. Hershey) and County (Ms. Herrera) representatives.  Questions regarding this meeting may be directed to Ms. Herrera or Mr. Cogan.

 

            Mr. Todd, District No. 6 Legislator, spoke of the communication received providing a break-down of sales tax revenue for the first three months.  He commented how the figures are just under seven percent less than the previous year.  Mr. Penniman said he believed that the numbers for the previous year were higher than normal and believes that Mr. Squires would agree that the numbers are a bit down but on target with the budget projections.  Mr. Penniman does not anticipate a tax surplus as has been seen in previous years.  Ms. Robertson noted that part of the reduction may be due to the extremely inclement weather we had this winter. 

 

Report from the Chair

 

            Chair Joseph commented on what is known at this time on the State budget.  In conversations with New York State Association of Counties representative Ken Crinnel he was informed that the legislative budget restored funding for Public Health and the Office for the Aging, did not restore the Probation Department, and reinstated County revenue sharing at a lower level than the previous year.  With regard to the Department of Social Services it is hard to determine the full impact at this time.  It restored over-burden aid at a higher level than the Governor and did not cap Medicaid costs for the County. 

 

            He then reported on PushBack saying the group will continue to be active as the effect of pass-throughs resulting in increases in real property taxes is a continuing concern.  The group is in the process of planning meetings with Senator Bruno and Assemblyman Silver to continue to express concerns.  Also, the group is setting up meetings with Federal legislators to discuss how the Federal budget mandates also impact the State, counties, and educational field.  Mr. Proto requested that the dates of these meetings be made available to the Legislature.

 

Report from the County Administrator

 

            Mr. Whicher, County Administrator, said the changes in the Department of Social Services budget are a key factor in the State budget as it has the potential to be very costly depending on what specifically is modified from the current budget.  Once this information is received he will provide it to the Legislature.  He provided a copy of the summary of 2003 budgets for counties outside of the New York City area which listed a variety of topics including real property tax levy changes, amended taxes within each county, and Medicaid growth within each county.  Mr. Whicher said overall counties increased taxes 12.2 percent, and that some counties did not have an increase due to fund balances.  He stated that the shift to county taxpayers is dramatic.  Mr. Booth asked if Mr. Whicher knew the reason for the large variable in Medicaid growth in various counties.  Mr. Whicher indicated he did not have any indication of the reason and could make inquiries. 

 

Report from the County Attorney

 

            Mr. Wood thanked the Legislature for the service award and commented that Ms. Cook in his office recently received one for twenty years of service.  He commented on the longevity of employees within the County Attorney's office .

 

Mr. Wood then reported on the Lakeside Nursing Home's owner recently filing for Chapter 11 bankruptcy.  He provided a brief background of the matter, saying that it had gone into a foreclosure process several years ago.  From that point, the foreclosure has been held in abeyance and the home operated by a receiver who until recently had been making the agreed-upon payments for the back taxes.  At the present time this facility owes approximately $600,000 in back taxes.  Mr. Wood then explained the complexity of this situation as there are presently one hundred-sixty residents in the facility that would be affected.  Mr. Wood plans to hire a bankruptcy lawyer to handle this situation. He explained filing for bankruptcy may not be a bad thing but that it is not known how much of the back taxes would be recovered and that it is important in the process to avoid repeating this situation in the future. 

 

 Mr. Wood responded to questions from the Legislature, stating that the County pays the municipalities and schools from the warrant and then recovers funds from the owners.  He said he feels confident the County will receive the majority the funds owed at this time, although there is extensive debt including a million dollars owed to the Internal Revenue Service.  When asked about the feasibility of residents being placed at Longview or other facilities Mr. Wood explained it may not be an option as the State determines how many beds a facility may offer, taking into account the level of service offered.   It was noted that Medicaid coverage at facilities also makes a difference in location of residents.  Recently, the State Department of Health decertified a number of beds, bringing the number to 160 residents in an attempt to help with the financial distress. With regard to employee retention, it was reported that at the present time there is not any apparent concern regarding the hiring or retention of employees, however there does appear to be a loss of resident interest, which is an important factor for the nursing home to maintain its funding.

 

Report from the Finance Director

 

            Mr. Squires was not present at this meeting.

 

Additions of Resolutions to the Agenda

 

            There were no resolutions added to the agenda.

 

Withdrawal of Resolutions from the Agenda

 

            There were no resolutions withdrawn from the agenda.

 

Resolution(s) Approved Under the Consent Agenda

 

            It was MOVED by Mr. Booth, seconded by Ms. Herrera, and unanimously adopted by voice vote, by members present, to approve the following resolutions under the Consent Agenda:

 

RESOLUTION NO.  87 - AUDIT OF FINAL PAYMENT - TRUMBULLS CORNERS

     ROAD BRIDGE REPLACEMENT

 

            MOVED by Mr. Booth, seconded by Ms. Herrera, and unanimously adopted by voice vote, under the Consent Agenda.

 

            WHEREAS, the work performed by Silverline Construction has been completed as authorized by Resolution No. 203 of 2001, to construct two replacement bridges on Trumbulls Corners Road, now therefore be it

            RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the final claim against the County of Tompkins be and hereby is audited by the Tompkins County Legislature:

 

Vendor                                    Payment Request                   Account No.                Amount

Silverline Construction        Six (Final)                            HZ5103.53.04               $48,793.21

 

            RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HZ5103.53.04.

SEQR ACTION:  TYPE II-20

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RESOLUTION NO.  88 - APPROVAL OF DESIGNATIONS OF SUCCESSORS

           

            MOVED by Mr. Booth, seconded by Ms. Herrera, and unanimously adopted by voice vote, under the Consent Agenda.

 

            WHEREAS, Section 31.07 of the County Charter specifies that the County Administrator and specified department heads shall designate in writing, and in order of succession, the deputies (or in the absence of officially designated deputies, the employees of the department) who shall possess the powers and perform the duties of the principal in the event of the latter’s absence from the County or inability to perform or exercise the powers of the office, and

WHEREAS, the Charter further requires those designations, except department heads elected on a county-wide basis, to be approved by the Tompkins County Legislature, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That the following designations of successors are hereby approved,

RESOLVED, further, That this list is complete and supercedes all previous designations:

 

Airport Manager                                   Assistant Airport Manager

                                                            Airport Terminal Services Coordinator

                                                            Operations Supervisor

County Administrator:                            Deputy County Administrator

                                                Commissioner of Planning

County Attorney:                                   Deputy County Attorney

                                                            Assistant County Attorney

Commissioner of Social                          Director of Eligibility

  Services:                                             Director of Services

                                                            Director of Administrative Services

                                                            Legal Unit Administrator

Director of Emergency                          Administrative Assistant

Response                                              CAD Systems Coordinator                    

Public Health Director:                          Public Health Administrator      

                                                            Director of Patient Services                                          

Medical Examiner:                                 Deputy Medical Examiner, William Klepack, M.D.

                                                            Deputy Medical Examiner, David Newman, M.D.                      

Mental Health Commissioner:                 Deputy Commissioner Mental Health

Medical Director

Director of Mental Health Clinic

Director of Day Program

Director of Finance:                               Budget and Finance Manager

                                                            Director of Accounting Services

Commissioner of Personnel:                   Benefits Manager

                                                            Personnel Associate

SEQR ACTION:  TYPE II-20

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RESOLUTION NO.   89 - CORRECTION OF TAXES - TOWN OF ULYSSES (34.-3-10.32)

 

            MOVED by Mr. Booth, seconded by Ms. Herrera, and unanimously adopted by voice vote, under the Consent Agenda.

 

            WHEREAS, this Legislature is informed that an error has been made in the 2002 tax roll of the Town of Ulysses, namely parcel 34.-3-10.32, assessed to C. Frank Woodard, was erroneously created and parcel is to be expunged, now therefore be it

            RESOLVED, on recommendation of the Government Operations Committee, That the entry on the tax roll of $2,592.55 be expunged,

            RESOLVED, further, That the Town of Ulysses Tax Collector is directed to correct the 2002 tax roll,

            RESOLVED, further, That the following amount be charged back:

 

                        Town of Ulysses -                     $   215.39

                                    Tompkins County -                    $   510.52

                                    Trumansburg School District -    $1,815.64

                                    Solid Waste -                            $     51.00

SEQR ACTION:  TYPE II-20

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Appointments Approved Under the Consent Agenda

 

            It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda:

 

Ethics Advisory Board

Joseph Calvo - term expires December 31, 2003

 

Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee

 

            Mr. Lane, Chair, said the Committee met on April 30, 2003, to discuss committee goals.  Also, the Convention and Visitor's Bureau (CVB) reported on their first-quarter figures, indicating that although room tax increased 2.6 percent, occupancy was down in February by 3.1 percent.  It was believed that the occupancy reduction as well as a fifty-percent reduction of visitors to the CVB was thought to also be a result of the inclement weather with reduced travel.  The "February is Hot" activities, which combined accommodations in the area with other events taking place, did not meet the anticipated sales level.  Mr. Lane said Rochester's first year of this type of winter sales concept was slow, but subsequent years showed increased sales.

 

RESOLUTION NO. 90 - APPROVING THE ISSUANCE BY THE TOMPKINS COUNTY

    INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $20,000,000

    VARIABLE RATE DEMAND CONTINUING CARE RETIREMENT

     COMMUNITY REVENUE BONDS (REFINANCING KENDAL AT

     ITHACA, INC. PROJECT), SERIES 2003, IN ACCORDANCE

     WITH SECTION 147(F) OF THE INTERNAL REVENUE CODE OF

     1986, AS AMENDED (THE "CODE")

 

            MOVED by Mr. Lane, seconded by Mr. Totman.  Mr. Proto inquired whether Kendal pays corporate income taxes and whether the refinancing provides for a fee payable to Tompkins County Area Development.  He was informed that that was unknown at this time and he will be provided an answer to that question; he was also told that the refinancing does provide for a fee, normally at fifty percent of the initial fees involved.  Mr. Winch expressed his feeling that while he is fully supportive of assisting individuals to get started in projects, he feels that the average citizen would not be financially able to utilize the services being offered by Kendal, and he will not support the resolution as a form of protest.  Mr. Penniman said the savings to Kendal by refinancing is $218,000 per year. 

 

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

 

WHEREAS, the Tompkins County Legislature (the "Legislature"), as the elected legislative body of Tompkins County, New York (the "County") has been advised by the Tompkins County Industrial Development Agency (the "Issuer") that, in order to assist in the financing of a certain Project (as defined below) for the benefit of Kendal at Ithaca, Inc. (the "Company") the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Variable Rate Demand Continuing Care Retirement Community Revenue Bonds (Kendal at Ithaca, Inc. Project), Series 2003, in an aggregate principal amount not to exceed $20,000,000 (the "Bonds"), and

WHEREAS, the project (the "Project") shall consist of (A) the refinancing of all or any portion of the Issuer’s outstanding 1994 Life Care Community Revenue Bonds (Kendal at Ithaca, Inc. Project) issued in the original aggregate principal amount of $23,255,000 (the "1994 Bonds"), which 1994 Bonds were issued for the benefit of the Company to finance a certain project (the "1994 Project") consisting of (i) the acquisition of an approximately 100-acre parcel of land located in the Village of Cayuga Heights, Tompkins County, New York (the "Land"); (ii) the construction and equipping of a life care community facility consisting of approximately 210 independent living units, a health care center containing approximately 35 skilled nursing beds and 12 adult care units, common areas, including, without limitation, dining rooms, kitchens, activity areas, lobbies and other facilities; (iii) parking facilities; and (iv) other related and appurtenant facilities (collectively, the "Improvements") and certain machinery, equipment, furniture, fixtures and other items of tangible personal property to be installed in and around the Improvements (the "Equipment"; the Land, the Improvements and the Equipment shall be collectively referred to as the "Facility"); (B) paying certain costs and expenses incidental to the issuance of the Bonds; (C) funding a debt service reserve fund to secure the Bonds (the costs associated with items (A) through (C) above being hereinafter collectively referred to as the "Project Costs"); and (D) the lease (with an obligation to purchase) or purchase of the facilities financed with the Bonds by the Company or such other person as may be designated by the Company and agreed upon by the Issuer, and

WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to:  (i) pay all or a substantial portion of the cost of financing the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and

WHEREAS, the Project constitutes a "Type II" action under Article 8 of the Environmental Conservation Law and Regulations adopted thereto by the Department of Environmental Conservation of the State (collectively "SEQR") and therefore no further action is required under SEQR, and

WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), interest on the Bonds will be included in gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Legislature after a public hearing to consider the issuance of the Bonds has been conducted following reasonable public notice, and

WHEREAS, on April 8, 2003, the Issuer held such a public hearing upon proper notice in compliance with the Code, and

WHEREAS, to aid the Legislature in its deliberations, the Issuer has made available to the members of the Legislature prior to this meeting (a) the Company's application to the Issuer for financial assistance; (b) the notice of public hearing published by the Issuer on March 8, 2003 in The Ithaca Journal, along with the affidavits of publication of such newspaper; and (c) the minutes of such public hearing held on April 8, 2003, and

WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code, desires to approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon, now therefore be it

RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following is approved by the Tompkins County Legislature:

Section 1.          For the purpose of satisfying the approval requirement of Section 147(f) of the Code, the Legislature hereby gives its approval of the issuance by the Issuer of its Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon.  This approval is given pursuant to Section 147(f) of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for Federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code.

 

Section 2.          This Resolution shall be deemed to be made for the benefit of the holders of the Bonds.

Section 3.          This Resolution shall take effect immediately.

SEQR ACTION:  TYPE II-20

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Report from the Budget and Capital Committee

 

            Mr. Penniman, Chair, said the Committee met two weeks ago and discussed two major areas:  (1) fees and revenues collected by various departments, and (2) clarifying which revenues should be placed into the General Fund and which revenues should be placed into a specific program fund.  The outcome of the discussion was that it would require the matter to be reviewed on a case-by-case basis and that it was not possible to set a policy with regard to designation of revenues.  Mr. Penniman said that the discussion held on the subject came about at the time fees within the Department of Motor Vehicle were reviewed. 

 

He reported that information was received by the Department of Social Services with regard to their budget.  Three areas of concern arose from the discussion:  (1) preliminary information indicates that they anticipate an approximate $400,000 shortfall if all anticipated 2003 revenues as outlined in the County budget remain the same, (2) if the State budget outlined is passed as presented it has an approximate $1 million dollar reduction, bringing a potential shortfall of $1.4 million in social services, and (3) the reduction in Temporary Assistance to Needy Families (TANF) funds that while not directly affecting the County, it is a $500,000 reduction that would pass through Department of Social Services to various agencies such as alcohol services and counseling, domestic violence programs, as well as other contract agencies.  The total loss would be approximately $2 million.  Mr. Proto inquired whether the reduction in TANF funds would affect the program offered through Tompkins Consolidated Area Transit that provides transportation to and from work evenings and weekends.  Mr. Proto requested the Legislature be copied the listing of State budget information.  Mr. Whicher will provide the Legislative information noting it is subject to change.  Ms. Robertson said Mr. Herden of the Department of Social Services will be reviewing the information and should be providing the Health and Human Services Committee a report of the reduction impact at the May 22, 2003, meeting.

 

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

 

            Ms. Robertson, Chair, said that the Committee meets next on May 7, 2003.  The second meeting of the month has been changed to May 22, 2003, at which time the report from Department of Social Services is anticipated.  She reported that at this time guest editorials are being submitted to provide information on the various agencies falling within this Committee.  The first of these was run on April 23, 2003, and will be a topic of conversation at the May 7th meeting.

 

Report from the Public Safety Committee

 

            Ms. Blanchard, Chair, reported that the Committee met on April 17, 2003, at which time a presentation was given by Judge Marjorie Olds that included information on a grant request that Tompkins County's Center for Treatment Advocacy be funded by Edward Byrne Memorial State and Local Law Enforcement Program funds.  This is in support of legal fees for the Drug Court which annually and appears that it may have impact on legal fee cost to counties this year.  The Drug Court mandates treatment services for people who have been identified with drug and/or alcohol issues.  Defendants in the Ithaca Drug Court have all plead guilty to a crime and they are all entitled to assigned counsel.  Approximately 95 percent of those defendants are represented by Drug Court lawyers. 

           

            Ms. Blanchard said a presentation was given by Sheriff Meskill, Chief Neimi, and Sergent Butts of the Corrections Division that provided a better understanding of jail operations and read the Mission Statement.  The presentation included information on admissions, classification system, health services, correspondence, visitation, food services, standards for personnel at the jail, dealing with a variety of religious beliefs, legal services available, grievance requirements, staffing requirements, funeral and death bed visits, educational services, and a list of providers of service to the facility.  This was done to provide a foundation for upcoming meetings with the Jacobs facilities group on May 15.  This will be a three-hour meeting at the Public Safety Building. 

 

            Ms. Blanchard reminded Committee members of the May 14th meeting to discuss rollover requests.

 

RESOLUTION NO. 91 -  APPROPRIATION FROM CONTINGENT FUND FOR

                                                     TERMINAL PAY AT THE SHERIFF’S OFFICE 

 

            It was MOVED by Ms. Blanchard, seconded by Mr. Totman.  A short roll call vote resulted as follow:  Ayes - 15, Noes 0.  RESOLUTION ADOPTED.

 

WHEREAS, the Sheriff’s Office had an employee, John Payne, retire effective March 12, 2003, and

WHEREAS, the Fiscal Policy of Tompkins County allows for payment of terminal pay from the Contingent Fund, now therefore be it

RESOLVED, on recommendation of the Public Safety Committee and the Budget and Capital Committee, That the Director of Finance appropriate a total of $23,089 to the Sheriff’s budget for terminal pay,

RESOLVED, further, That the money be distributed to the following accounts:

 

FROM:             A1990.54440                                         $23,089

TO:                  A3112.51000413 Criminal Investigator    $18,180

                        A3112.58800 Fringe                                  4,909

SEQR ACTION:  TYPE II-20

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Report from the Facilities and Infrastructure Committee

 

            Mr. Booth, Chair, reported that the Committee met and discussed bridges at length.  Regarding the Red Mill Road Bridge replacement project the Committee voted it should become a local project paid for by local dollars, with the Freese Road bridge replacement project becoming a TIP project eligible for State and Federal funding.  Several alternatives had been discussed. The staff and the Committee's preferred alternative (i.e., substitution of the Freese Road bridge for the Red Mill Road Bridge) maximizes the use of Federal funding.  Furthermore, the cost for the County was essentially the same for all options presented.  This alternative will take the Red Mill Road bridge replacement project out of the difficult 4-F process that must be followed due to the bridge's historical nature, and the Committee believed that there will be less difficulty in using State and Federal funding for the Freese Road bridge instead.  Beach Road Bridge was also discussed and is moving to a conclusion that should satisfy the Town, historic preservation advocates, and the County.  Once agreed upon, the bridge will be removed by the Town and County; elements of the bridge will be restored by the Town; the County and Town will then build two bridge foundations back away from the stream; I-Beams will be extended across the foundations; the restored bridge elements will be mounted on the I-beams; and wooden decking will be added to provide footing for a pedestrian bridge.  The cost to the County will be approximately $10,000 in workforce and equipment (which is what had been the anticipated cost for the removal of the existing bridge).  The project will be paid for through a combination of Town resources, historic-preservation funding, local donations, and the County in either material or labor.  The design will be completed by an outside engineer.  It is expected that once the project is completed the County will not have any ownership, maintenance, or long-term liability for maintenance or ownership. 

 

RESOLUTION NO. 92 - CHANGE IN POSITION - CAPITAL PROGRAM COORDINATOR -

    FACILITIES DIVISION

 

            MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote.

 

            WHEREAS, the Capital Program Coordinator position is budgeted in 2003 for 40 hours per week, but certified in Personnel as 35 hours per week, now therefore be it

            RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Capital Program Coordinator position in the Facilities Division, labor grade (15-764), be changed from 35 hours per week to 40 hours per week, effective April 14, 2003.

SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 93 - SUPPORT OF THE EXPANSION OF THE RETURNABLE

   CONTAINER ACT OF 1982 TO INCLUDE NON-CARBONATED

   BEVERAGES AND TO RETAIN THE UNCLAIMED DEPOSITS

   TO FUND RECYCLING AND ENVIRONMENTAL PROGRAMS

 

            MOVED by Mr. Booth, seconded by Mr. Winch.  Mr. Proto noted that Alcoa Aluminum, the largest aluminum recycler and manufacturer of aluminum in the world has moved several factories to areas outside of the country due to the high cost of energy in the United States.  Mr. Lane spoke of the time he was Mayor of the Village of Dryden and how the initial legislation assisted in maintaining a cleaner environment.  Mrs. Schuler inquired whether an increased deposit fee was recommended.  Mr. Booth said that it was not, that the topics of discussion have included the kinds of containers and the State's desire to the legal title to unclaimed deposit fees which is tens of millions of dollars. 

 

A voice vote on the resolution resulted as follows:  Ayes - 15, Noes - 0.  RESOLUTION ADOPTED.

 

            WHEREAS, the Returnable Container Act of 1982, commonly referred to as the "Bottle Bill," has been one of the most effective State laws to increase recycling rates and reduce curbside litter, and

            WHEREAS, the convenience beverage market has changed over the last twenty years so that non-carbonated beverages such as bottled water, iced tea, and sports drinks now make up almost one-quarter of the market, and

            WHEREAS, relevant studies indicate convenience beverage containers without a deposit in New York are two times more likely to end up as litter, and

            WHEREAS, the New York State Department of Environmental Conservation (NYDEC) estimates that $85-137 million annually is generated from unclaimed deposits under the existing deposit law system, and

            WHEREAS, the Container Recycling Institute estimates that expected revenue from unclaimed deposits under an expanded bottle bill could reach $177 million annually in New York State, and

            WHEREAS, the people, municipalities, and the State of New York would directly benefit from an expanded bottle deposit law that includes non-carbonated beverages and provides for the State government's acquisition of unclaimed deposit revenue and dedication of those revenues to activities that will benefit the environment, and

            WHEREAS, the immediate impacts of an expanded bottle bill would reduce litter, encourage higher recycling rates, and provide additional resources to implement recycling and environmental programs, now therefore be it

            RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature strongly supports expanding the Returnable Container Act of 1982 to include non- carbonated beverages and to provide for the State government's acquisition of unclaimed deposits,

            RESOLVED, further, That the Tompkins County Legislature urges these funds be dedicated to recycling and environmental programs.

SEQR ACTION:  TYPE II-20

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Report and Presentation of Resolution(s) from the Consumer and Community Affairs Committee

 

            Ms. Kiefer, Chair, reported the Committee met on April 16th and devoted approximately one hour to the topic of possible increase in the Motor Vehicle Use Fee.  The Committee also received information and discussed the Help America Vote Act, specifically the utilization of electronic voting machines, the requirements, funding, and the like.  A demonstration will be provided to Legislators of at least one of the electronic voting machines that may be mandated by the State in the near future.  Ms. Kiefer then spoke of the review of the post-occupancy concerns listing provided by the Tompkins County Public Library.  The Committee reviewed the list suggesting which items were felt to be County responsibilities and which ones were the Tompkins County Public Library's. The list was sent on to Facilities and Infrastructure for their consideration and review as it was felt to be the more appropriate committee to deal with these concerns.

 

            Mr. Proto advised members of the Legislature to review the long distance portion of their telephone bills for the renamed Universal Fund Charge, now known as the Universal Service Recovery Charge.  As of April 2003 it is now a percentage rather than a flat rate.  He has contacted the Public Service Commission regarding this charge and noted that certain individuals may apply for a waiver of this charge.  He hopes to be able to discuss this further at the next Committee meeting.  He spoke of the millions of dollars that are not utilized at present as they had been intended due to the process being convoluted. 

 

RESOLUTION NO. 94 - AUTHORIZATION OF A PUBLIC HEARING ON PROPOSED

    LOCAL LAW NO. b of 2003 - AMENDING CHAPTER 114,

   ARTICLE II, OF THE TOMPKINS COUNTY CODE - MOTOR

   VEHICLE USE FEE (AMENDING LOCAL LAW NO. 3 OF 1995)

 

MOVED by Ms. Kiefer, seconded by Mr. Lane.  A voice vote on the resolution resulted as follows:  Ayes - 14, Noes - 1 (Legislator Proto).  RESOLUTION ADOPTED.

 

            WHEREAS, the County Legislature believes it will serve an important public purpose to increase the local Motor Vehicle Use Fee to help maintain County roads and bridges, now therefore be it

            RESOLVED, on recommendation of the Consumer and Community Affairs and Budget and Capital Committees, That a public hearing be held before the Tompkins County Legislature in the Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on May 20, 2003, at 5:30 o’clock in the evening thereof concerning proposed Local Law No. b of 2003 Amending Chapter 114, Article II, of the Tompkins County Code - Motor Vehicle Use Fee (Amending Local Law No. 3 of 1995).  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 Tompkins County Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County.

SEQR ACTION:  TYPE II-20

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RESOLUTION NO.  95 - APPROPRIATION FROM CONTINGENT FUND - TERMINAL

    PAY - BOARD OF ELECTIONS

 

            MOVED by Ms. Kiefer, seconded by Mrs. Schuler.  A short roll call vote resulted as follows:  Ayes - 15, Noes - 0.  RESOLUTION ADOPTED.

 

            WHEREAS, the Board of Elections had two employees retire as indicated, Shary Zifchock, Commissioner, and Carol Boles, Executive Assistant, (effective December 30, 2002), as well as had an employee resign, Tai Musson (effective December 31, 2002), with terminal pay costs totaling $11,242.23, and

            WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent Fund, now therefore be it

            RESOLVED, on recommendation of the Consumer and Community Affairs and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:

            FROM:             A1990.54440                 Contingent Fund                        $11,242.23

           

            TO:                  A1450.51000201           Commissioner                           $      975.38

                                    A1450.58800                 Fringes                                     $      253.60

                                    A1450.51000744           Executive Assistant                   $   6,955.33

                                    A1450.58800                 Fringes                                     $   1,808.39

                                    A1450.51000691           Senior Elections Clerk                $      991.69

                                    A1450.58800                 Fringes                                     $      257.84

SEQR ACTION:  TYPE II-20

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Report from the Government Operations Committee

 

            Mr. Koplinka-Loehr said the Committee met briefly prior to the Legislative meeting to discuss the appointment appearing on the agenda.  He requested Committee members bring their rollover packets to the next meeting of May 8 when roll-over requests will discussed.  Mr. Koplinka-Loehr also said the Committee will be reviewing performance review processes and policies as well as the designation of successors of the Legislature in the event the Chair or Vice Chair are unable to serve.

 

Report from the Communications Capital Projects Committee

 

            Ms. Blanchard said the Committee met on April 23rd and discussed the progress of the Emergency Response Center Building that was a week ahead of schedule at that time.  She then spoke of the next step in the process, adjusting the capital projects to provide the funding necessary for the consoles, infrastructure, and supporting tower(s) in order to connect the system.   The building itself is funded by money from the tobacco securitization and interest earned from other revenue ($3 million).  This figure did not include the equipment, and discussions of how best to amend the capital projects for this needed equipment/construction did not result in a definitive solution.  The Committee will meet May 14, 2003, at 1:00 p.m. to attempt to configure the best capital project increase possible with information at that time.  Ms. Blanchard would like to provide a brief presentation on May 20th to the full Legislature to provide information on the proposed amendment, with a vote on the resolution taking place on June 3, 2003. 

 

            The timeline for all projects was reviewed, noting that it is hoped that the State will make a decision on the State Wide Project by early June so that the County will know how to proceed.  At the present time there are various grant applications being submitted to assist in upgrading other areas of the communication systems.  Plan "B", the contingent plan to utilize if the State Wide Network does not work, is being reviewed to be completely aware of all costs and needs of this proposed alternative project.  It is anticipated that the cost for this plan would be $6.7 million dollar upgrade that would rebuild the microwave system and strengthen towers. This figure includes work on the paging system that is estimated to be $330,000 of the total cost. 

 

            Ms. Blanchard said the Department of Transportation relocation project is progressing well.  At this time there is an option on the property, the Memorandum of Understanding from the State Department of Transportation is expected on or about June 1st.  The next step is the annexation request to the Town from the Village of Dryden.  The next meeting will take place May 28th at 2:30 p.m.

 

Report from the Space Needs and Location Committee

 

            Mr. Proto said the Committee will meet next on May 14, 2003, 2:00 p.m. in the Courthouse Conference Room.

 

Approval of Minutes of April 15, 2003

 

            It was MOVED by Mr. Booth, seconded by Mr. Todd, and unanimously adopted by voice vote by members present, to approve the minutes of April 15, 2003.   MINUTES APPROVED.

 

Member-Filed Resolution

 

RESOLUTION NO. 96 - URGING REFORM OF THE "ROCKEFELLER DRUG LAWS"

 

            MOVED by Ms. Kiefer, seconded by Ms. Herrera.   Ms. Kiefer said the drug-law legislation was passed thirty years ago and after discussion with several groups who have been working hard on reform, including the League of Woman Voters, felt it important to bring this resolution forward, particularly to address the areas of lengthy sentences and restoring judicial discretion.  Mr. Lane thanked Ms. Kiefer for bringing this resolution forward, noting he feels the Rockefeller Drug Laws have been a waste of both money and humanity.  Mr. Winch inquired why the resolution had not gone through a Committee and indicated he felt as though it were a political statement.  Ms. Kiefer said she had been approached not long ago and did not think it inappropriate to bring forward as a member-filed item.  Mr. Proto said while he had supported a similar resolution in the past, he would not support the resolution as it was not clear to him yet what the term "non-violent" encompasses.  Mr. Todd said that he is supportive of this resolution and feels that all too often legislators are too reluctant to reverse legislation; he feels this is a good time to take this law off the books.  Ms. McBean said she agreed with Mr. Lane's statements and that too many dollars are spent on jails rather than rehabilitation.  Ms. Herrera said she supports the resolution and has seen many times that this law is not appropriate.

 

            A voice vote on the resolution resulted as follows:  Ayes - 13, Noes - 2 (Legislators Proto and Winch).  RESOLUTION ADOPTED.

 

            WHEREAS, on May 8, 2003, it will be thirty years since New York State enacted the "Rockefeller Drug Laws", and

            WHEREAS, these laws impose long, mandatory terms of incarceration that are out of proportion to the penalties for other crimes, and

            WHEREAS, evidence now shows these laws to be costly, inflexible, overly harsh, and racist in impact, and

            WHEREAS, mandatory sentencing has caused thirty-eight new prisons to be built, and a twenty-fold increase in drug-related convictions of non-violent prisoners, and

            WHEREAS, counseling and drug treatment has proven to be more cost effective in reducing crime and recidivism, and

            WHEREAS, the League of Women Voters of New York State, along with many other groups, supports reforms of these laws to restore judicial discretion and repeal the mandatory second-felony sentences, and

            WHEREAS, the New York State Legislature, in this time of fiscal distress, should also recognize the budgetary savings that would result from appropriate reform of these laws, now therefore be it

            RESOLVED, That the Tompkins County Legislature joins other groups in urging reform of the "Rockefeller Drug Laws" this year to reduce lengthy sentences and restore judicial discretion.

SEQR ACTION:  TYPE II-20

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Recess

 

            The Legislature recessed from 7:13 p.m. through 7:18 p.m.

 

Executive Session

 

            It was MOVED by Mr. Penniman, seconded by Ms. McBean, and unanimously approved by voice vote to enter into executive session to discuss salary negotiations.  An executive session was held at 7:18 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, Tompkins County Legislature

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