Tompkins County Legislature
Regular Meeting
May 17, 2005 - 5:30 p.m.
Legislature Chambers

Public Hearing – Local Law No.  1 of 2005 – A Local Law Creating a New Article IX of Section 150 of the Tompkins County Code – Exemption for Historic Barns

 Mr. Joseph called the public hearing to order at 5:30 p.m. concerning Local Law No. 1 of 2005 – "A Local Law Creating a New Article IX of Section 150 of the Tompkins County Code – Exemption for Historic Barns", and asked if anyone wished to speak.  No one wished to speak and the public hearing was closed at 5:31 p.m.

Public Hearing - Local Law No. 2 of 2005 - A Local Law Creating a New Article X of Section 150 of the Tompkins County Code - Exemption for Improvement to Property made Pursuant to the Americans with Disabilities Act

 Mr. Joseph called a public hearing to order at 5:31 p.m. concerning Local Law No. 2 of 2005 - "A Local Law Creating a New Article X of Section 150 of the Tompkins County Code - Exemption for Improvement to Property made Pursuant to the Americans with Disabilities Act", and asked if anyone wished to speak.

 Ed Dellert, Town of Dryden resident and parent of a disabled child, spoke in support of this proposed Local Law.  He spoke of personal experiences and explained why he feels it is so important to keep a disabled family member living at home.  He said making accommodations for a disabled family member can be very expensive; however, an alternative is to place the family member in one of the  group homes in the community.  He said this is not a desirable option because when the family member goes into a group home they become a ward of the State.   Mr. Dellert said the amount saved by this exemption is no where near what it costs to undergo making handicap accommodations to a home but it would be an incentive to families who are in this difficult position.

 Jim Hagen, City of Ithaca resident, spoke concerning the impact tax exemptions have on the property tax.  He said this County has $33 million of revenue coming in property taxes and that a substantial amount of property in the County is tax exempt.   He questioned how much the County is offering in all tax exemptions combined and asked that these exemptions be given the same amount of scrutiny as programs do in the County budget.  He also suggested including an analysis of these exemptions on the County's website.
 
 King Houston, Finger Lakes Independence Center representative, spoke in favor of the proposed Local Law.  He strongly urged the County Legislature to adopt the Law, stating that the cost to the County would be minimal.  He also said the savings realized from keeping a disabled person in their own home rather than being placed in a care facility makes it worthwhile.

 Matthew Bishop, District No. 4 Legislature candidate, spoke in support of the exemption and said he feels it is the County's moral responsibility to take care of people who are the least fortunate in our community.  He said this exemption may also encourage people to care for disabled family members at home which will result in a savings.

 No one else wished to speak and the public hearing was closed at 5:40 p.m.

Public Hearing - Local Law No. d of 2005 - A Local Law Providing that Unreimbursed Certain Medical and Prescription Drug Expenses be Excluded from Income in Determining Senior Citizens Tax Exemption

 Mr. Joseph called the public hearing to order at 5:40 p.m. concerning proposed Local Law No. d of 2005 - "A Local law Providing that Unreimbursed Certain Medical and Prescription Drug Expenses be Excluded from Income in Determining Senior Citizens Tax Exemption", and asked if anyone wished to speak.

 No one wished to speak and the public hearing was closed at 5:41 p.m.

 Mr. Joseph called the regular meeting to order at 5:41 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:  13 Legislators.  Excused – 2 (Legislators Kiefer and Totman).  Mr. Winch was excused at 8:23 p.m.; Mr. Lane was excused at 8:26 p.m.; Mr. Booth was excused at 8:27 p.m.; Ms. Robertson was excused at 8:34 p.m.

Presentation of Proclamation(s)
 
 Mr. Joseph presented the following proclamation(s):

 Community Action Month in Tompkins County, May, 2005, to Virginia Bryant, Community        Relations and Resources Development Director for Tompkins Community Action
 Foster Care Month, May, 2005 to Shella Chase, Department of Social Services

Privilege of the Floor by the Public

 Ruth Hopkins, Lansing resident, read and submitted the following statement for the record:

 "Good evening.  My name is Ruth Hopkins, I live at 163 Asbury Road in Lansing, a home I purchased because of the historic rural community with many homes dating to pre-civil war, 1950's.

 "I want to remind the Legislature about the petition presented last August by 85 residents of Asbury Road which still contains many unresolved issues, one of which is freight transportation.  I am here this evening on behalf of the Asbury Road Task Force to ask for a freight transportation plan and limitation of the 18-wheeled truck traffic on Asbury Road and the residential portions of North Warren Road.

 "The petition we submitted last August explained that Asbury Road is a narrow winding road that is currently used by 18-wheelers to access Warren Road Industrial area and beyond.  This raises extreme concerns about safety as well as the preservation of the rural residential character of the neighborhood.   It is our understanding that the Sear Brown study of 2002, commissioned by Tompkins County, did not recommend Asbury Road for freight traffic, but rather recommended Routes 34 and 13, and for local delivery, use of Triphammer Road.

 "This spring, Asbury residents were invited by the County Highway Department to join Warren Road residents for a planning meeting for Warren Road improvements.  The overwhelming complaint by 40-50 residents in attendance concerned truck traffic, yet the County could not provide information about plans for freight transportation on our roads.  Without a plan, how can we give meaningful input?  How are we to know whether to ask for sidewalks, footpaths, visual and sound barriers, straighter roads, turning lanes, and shoulders if we do not now what the County plans for freight transportation.

 "We believe there must be a freight plan and further that the freight plan should direct 18-wheelers coming from the north to go down Route 34 to Route 13 and make a left turn in order to reach the Warren Road industrial area and beyond.  Local delivery trucks should be directed down Triphammer Road as recommended in the Sear Brown Study.  We believe Asbury Road and North Warren are not conducive to freight traffic.

 "We ask you as our representatives to prepare and approve a freight transportation plan that protects the safety and quality of residential neighborhoods".

 Melissa Stephenson, Lansing resident, read and submitted the following statement on behalf of herself and Deborah Harper, who is also a Lansing resident:

 "I live on Peruville Road (34B) between Triphammer and Armstrong Roads in the Town of Lansing.  Hundreds of trucks and numerous cars and motorcycles pass daily on this road with no posted speed limit past Triphammer Road.  Between Triphammer and Route 38, there are no stop signs.  Most drivers, knowing this, begin to increase speed dramatically as they leave the Triphammer and 34B intersection and pass our house.

 "On the north side of this block (Triphammer to Armstrong), there are seven homes including families and small children.  The south side has 6-7 houses, including families with children.

 "The amount and speed of the traffic make this a dangerous area for the families on the road and for those turning onto Armstrong to reach the neighborhood to the south.  Slowing to turn into driveways along Peruville is dangerous as traffic moves at the maximum speed.  Our mailbox was recently struck down by a driver (not a snowplow).  There is a narrow shoulder and a steep ditch on the south side of the road.  The noise in the summer months is disruptive to homes on this road.  Motorcycles and "jake brakes" on large trucks make it impossible to carry on a conversation outdoors.

 "Is there a study that has examined the impact of heavy traffic (including truck traffic) along this route?

v We would like to request posted speed limits of 30 m.p.h. between Triphammer and Armstrong on 34B to make this safer and quieter for local traffic and pedestrians.
v We would like to prohibit the use of "jake brakes" on the large trucks to reduce traffic noise.

 "What can be done to make this safer and less noisy for the residents along this road?"

 John Bentkowski, City of Ithaca resident, said he has been a real estate appraiser who petitions against the unfair assessments on people’s homes for over 32 years.  He said he has heard many people complain about rising assessments and property taxes and they have asked his advice about what they could do.  He said many of these people are on a single income or retirees who have low income.  Mr. Bentkowski said he does not feel the Legislature is scrutinizing costs and is offering too many tax exemptions.   He also stated Cornell has buildings that are subject to property tax but is not paying it.  He spoke against annual assessments and stated he feels there has been too large of an increase in staff in the Assessment Department over the last thirty years.
 

Presentation of the Distinguished Youth Award

 Mr. Koplinka-Loehr, presented Adriane Teabout with the May, 2005 Distinguished Youth Award.   Adriane is not only involved in Cornell's Let's Get Ready (LGR) program, but has been an ongoing volunteer for the Southside Community Center's Juneteenth Celebration, the Youth Bureau, Cornell Cooperative Extension, and the Multicultural Resource Center.  Through her work at the Center, she has helped Tompkins County residents learn more about race-related matters and how to promote cultural pluralism.  Adriane was recommended for the Award by the LGR Executive Board for her academic performance and service to both peers and community organizations.
 
Privilege of the Floor by Legislators

 Mr. Penniman, District No. 15, reported he recently attended assessment review meetings for the Towns of Ulysses and Enfield which were well-attended with many complaints about rising property taxes.   Mr. Penniman said the real problem is the increasing shift of expenses from the State to the local governments and school districts and hopes the public can understand that the Assessment Department is not to blame.

 Mr. Proto, District No. 7 Legislator, reported he attended the Town of Caroline grievance day last Thursday and said the Town of Danby will hold one tomorrow evening.  There were 26 people who spoke at the Caroline meeting with the majority expressing concern over property taxes.   Mr. Proto said Assessment Department staff was gracious in setting up appointments with those who requested one.   He stressed that the County's rate of spending lies with this Legislature.

 Mr. Proto also spoke of the recent government announcement relating to the closing of certain military bases.  He said those legislators who are concerned about economic development should be paying close attention to what is happening in the Northeast region of the country.  He said there are between 30,000 to 40,000 jobs associated with the bases in Maine and Connecticut that are on the list to be closed.  Mr. Proto suggested that people contact their representatives in Washington, D.C. and let them know that if they have a serious commitment to economic development in the Northeast they are closing the wrong bases.

 Mr. Booth, District No. 3 Legislator, said there needs to be a report prepared and a discussion about the amount of tax exemptions that are discretionary based on decisions by this Legislature.    He also spoke to the comments made about annual assessments and said from a theoretical point of view annual assessments make a lot of sense; however, the public largely does not understand why a property that hasn’t changed is experiencing very rapidly rising assessments.   Furthermore, the value of a home is not realizable unless the property is sold.   He also said the suggestion that annual assessments are having an impact on property values needs further exploration.

 Ms. Schuler, District No. 4 Legislator, announced on June 1st the Ithaca High School Orchestra will be 100 years old and is the oldest orchestra in the country.  She also announced the Ithaca Festival buttons are available and the local artist who designed the button is George Rhodes. This year's theme is  "Catch the Wind".  The Festival begins with a parade on Thursday evening, June 2nd  throughout downtown Ithaca. Friday and Saturday the festival is on and around the Commons and ends at Stewart Park on Sunday.  Ms. Schuler also reported on a meeting of the Commission for Healthy Central New York regional stakeholders. The four topics for the day were: stroke (brain attack), mental health access, dental health access, and obesity. Holly Stevenson (Dept. of Social Services) and Theresa Lyczko (County Health Dept.) were two of the presenters.
 
 Ms. Schuler also reported that she addressed the Metropolitan Planning Organization during public comment regarding the intersection where Brown Road and Sapsucker Woods Road cross State Rt. 13. She brought this to the attention of  New York State Department of Transportation staff and stated that she hoped the unsafe situation  at that intersection will be corrected before she leaves office.
 
 Ms. Robertson, District No. 14 Legislator, said recently when President Bush had a news conference on television there was a problem with programming with the major networks; the news conference had to begin at 8 p.m. because the major networks were going to cut-away at 9 p.m. for Reality TV.   She said she has had concerns about the failures of mainstream media and this is one example.   Ms. Robertson said it disturbed her to learn that the Corporation for Public Broadcasting, which oversees NPR and PBS, has told their staff that they should redirect money for NPR away from national newscasts and public affairs.  They are also considering a plan to monitor Middle-East coverage on NPR programs for evidence of bias and they have already taken a number of other actions to search for so-called bias on public radio and public television. Ms Robertson said the law that setup public radio and television was very strict to prevent political interference and she is deeply concerned that these are new efforts to politicize public radio and television.  She said she plans to send a letter to Washington opposing any sort of meddling in programming decisions made by NPR and PBS and encouraged others to do so.

Chair’s Report

 Mr. Joseph said earlier in the year he reported on a NYSAC (New York State Association of Counties) Conference where there was a workshop on jails.  At the end of the workshop the conclusion reached was that there were three possible approaches that could be taken by counties:

  - Have a liaison between NYSAC and the Governor's Office to try to smooth things out           politically with the Commission of Correction;
 -  Ask the Legislature to clarify the authority of the Commission of Correction in making these       kinds of requirements on counties; or
-  File a lawsuit to challenge the authority of the Commission of Correction

 Mr. Joseph said when the Conference concluded it was decided that a NYSAC staff person, Adriano Bongiorno, would be following-up on this issue with the Governor's Office.  Mr. Joseph said when he checked in with Mr. Bongiorno this week he was told that a number of conversations about this subject has taken place and although no one wants to go on record, there is a general feeling that the Commission of Correction does not have the kind of authority it is asserting.  It is felt that the Commission cannot dictate to a County what size of a jail to build and that one option would be to sue the Commission.  Mr. Joseph said these opinions are coming from both the legislative and the administrative side of the Governor's Office.   Caution was also advised if a county were to sue the Commission there is some risk that the Legislature may clarify that the Commission has the authority it claims to have.     Mr. Joseph said this item will be a topic at the next NYSAC Conference.

 Mr. Lane said there would have to be a controversy to start legal action and cautioned that the State Legislature could also enable the Commission to have this authority.

 Mr. Booth asked Mr. Wood if the County could request a formal opinion from the Attorney General or the State Comptroller.   Mr. Wood responded that a county can request a formal opinion from the Controller; however, it would not be binding.     Mr. Wood said he believes the Commission has the authority to disapprove the Jail variances, but cannot dictate the size of a jail a county has to build.  Mr. Proto suggested that Mr. Joseph also contact Tompkins County's three State Legislators for their input on this matter.

Report from the County Administrator

 Mr. Whicher presented his recommendation to reappoint Alice Cole as Public Health Director.  It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to reappoint Alice Cole to the position of Public Health Director for a six-year  term.  MOTION CARRIED.

 Mr. Whicher distributed documents pertaining to the 2006 Tompkins County Budget.

 Mr. Whicher reported on road patrol negotiations and said they are moving into the fact-finding phase.  He reported he attended the Annual 25-Year Club dinner which was held last week and said 14 employees were honored at that event.

 Mr. Whicher responded to comments made under privilege of the floor by the public and stated the comments pertaining to the Assessment Department were factually incorrect and the concept that  assessments are driving the market is not true.

Report from the County Attorney

 Mr. Wood reported he attended the County Attorney's Association Annual Meeting last week and received an update on the Medicaid fraud lawsuit.  He said lawsuits have been filed on behalf of 30 counties, 12 more are going to be filed, some counties are undecided, and a few have decided to use their own legal firm.  He commented that Tompkins County is one of the thirty counties who have already filed a lawsuit.

 Mr. Wood reported on an issue that was brought up at the annual Department of Social Services meeting regarding a statement that if the counties were to acquire monies in this litigation the State would take it.   He said Steve Acquario of NYSAC (New York State Association of Counties) was asked to contact the State to obtain more information about this; however, he does not believe the State is entitled to any of the money.

Report from the Finance Director

 Mr. Squires was not in attendance.

Addition of Resolution(s) to the Agenda

 It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to add the resolution entitled Accepting the Focus Area Recommendations Resulting from the County's Strategic Planning Process to the agenda.

 It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, to add to the agenda the resolution entitled Establishing Salaries and Benefits of Management and Confidential Employees - 2005.  A voice vote resulted as follows:  Ayes - 12, Noes - 1 (Legislator Booth); Excused - 2 (Legislators Kiefer and Totman).  MOTION CARRIED.

Withdrawal of Resolution(s) from the Agenda

 There were no resolution(s) withdrawn from the agenda.
 

Approval of Resolution(s) and Appointment(s) Under the Consent Agenda

 The following resolution(s) were approved under the Consent Agenda:
 

RESOLUTION NO. 83 - AUTHORIZATION TO INCREASE HOURS – PHYSICAL THERAPIST – HEALTH DEPARTMENT

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, the Home Care Program continues to experience a high demand for physical therapy services, and
 WHEREAS, more physical therapy visits were provided since January 1 of this year than were provided in a six month period in 2004 and in 2004 physical therapy visits increased 21 percent from 2003 which is a 50 percent increase from 2001, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the position of Physical Therapist (15/579), labor grade O, competitive class, be increased from 35 hours per week to 40 hours per week effective immediately,
 RESOLVED, further, That no additional funds are required to accommodate this change.
SEQR ACTION: TYPE II - 20

___________________
 
RESOLUTION NO. 84  – AUTHORIZATION TO INCREASE HOURS – WIC PROGRAM  NUTRITIONIST – WIC PROGRAM – HEALTH DEPARTMENT

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, the WIC Program has received notice that additional funds have been made available to increase the Competent Professional Authority (CPA) staff to full time status, and
 WHEREAS, the CPA is defined as an individual authorized to determine nutritional risk and prescribe supplemental foods, and
 WHEREAS, the WIC Program has a .80 FTE WIC Program Nutritionist (12/572), labor grade L, competitive class, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, That the position of WIC Program Nutritionist (12/572), labor grade L, competitive class, be increased from 28 hours to 35 hours per week, effective immediately,
 RESOLVED, further, That no additional funds are required to accommodate this change, WIC is 100 percent grant funded.
SEQR ACTION: TYPE II-20
_____________________

 
RESOLUTION NO. 85 - IN SUPPORT OF NEW YORK STATE ASSEMBLY BILL A05632  AND NEW YORK STATE SENATE BILL S02748 - AN ACT TO AMEND THE GENERAL MUNICIPAL LAW IN RELATION TO MUNICIPAL ANNEXATION
 
 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.

WHEREAS, most municipal territorial boundaries for counties, cities, towns, and villages were established during the nineteenth century, while over the years patterns of population growth, development, and municipal services have not been confined within those boundaries, and
WHEREAS, the New York State General Municipal Law currently provides a procedure whereby territory from one municipality may be annexed to another, but only if there is a petition brought by the voters or the property owners in the territory to be annexed, and
WHEREAS, if the petition is then approved by the governing boards of both municipalities, the question of annexation is submitted to mandatory referendum of the voters of such territory, and
WHEREAS, legislation has been proposed in both the New York State Assembly and the New York State Senate that would amend the General Municipal Law to allow the governing bodies of two or more municipalities, as well as the residents or property owners of a municipality, to jointly initiate the municipal annexation process, while still requiring that any such action be approved by mandatory referendum of the voters, and
WHEREAS, in the interest of better long-term planning and smart growth principles, it is desirable to promote various methods of intermunicipal cooperation, one such method, in proper circumstances, being municipal annexation, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature supports New York State Assembly Bill A06597 and New York State Senate Bill S02748, and urges the New York State Assembly and Senate to pass the bills and for the Governor to sign the legislation into law,
RESOLVED, further, That copies of this resolution be forwarded to Assemblywoman Barbara S. Lifton, Senators James L. Seward, George H. Winner Jr., and Michael F. Nozzolio, Speaker Sheldon Silver, Majority Leader Joseph Bruno, Governor George Pataki, New York State Association of Counties, New York State Association of Towns, and the New York State Conference of Mayors and other Municipal Officials.
SEQR ACTION:  TYPE II-20

___________________

RESOLUTION NO. 86 - INCREASE IN HOURS - TRANSITION WORKFORCE SPECIALIST – TOMPKINS COUNTY OFFICE OF EMPLOYMENT AND TRAINING

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.

WHEREAS, the Office of Employment and Training and the Probation Department have entered into a cooperative agreement whereby fifty percent of a Transition Workforce Specialist position is located in and paid out of the Probation Department budget in order to take advantage of a twenty percent State reimbursement on the salary and fringe benefits, and
WHEREAS, the County’s payroll system will not accurately calculate fringe benefits when one person is split across two positions in two departments where the standard work week for a position in one department is thirty-five hours per week and the standard work week for a position in another department is forty hours per week, and
WHEREAS, the Office of Employment and Training has a need to increase the standard work week of a Transition Workforce Specialist position from thirty-five hours to forty hours per week in order to make twenty hours per week worked in that department the equivalent of fifty percent of forty hours per week position as opposed to fifty-seven percent of a thirty-five hour per week position, and
WHEREAS, in the long run it is not practical to manually adjust the fringe benefit accrual every two weeks and failure to do so would result in the employee actually accruing fringe benefits at one-hundred-seven percent, and
WHEREAS, there is no intention at this time to fill the other fifty percent of this position, the increase in hours of the position results in no change to the budget since it does not reflect an increase in hours of the incumbent and State reimbursement arising from this cooperative venture would be beneficial to the organization as a whole, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the standard workweek for one position of Transition Workforce Specialist (12-783) shall be increased in hours from thirty-five to forty hours per week effective April 10, 2005,
 RESOLVED, further, That no additional funding is required.
SEQR ACTION: TYPE II-20

__________________


RESOLUTION NO. 87 - AUTHORIZATION TO EXECUTE EXTENSIONS OF  SNOW AND ICE AGREEMENTS WITH THE TOWNS IN TOMPKINS COUNTY

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, the County of Tompkins has heretofore entered into agreements with the nine (9) Towns in Tompkins County pursuant to Section 135a of the State Highway Law relating to removal of snow and ice from County highways in towns and incorporated villages, and

 WHEREAS, said agreements provide for an annual review to consider modifications to such snow and ice services, and
 WHEREAS, it would be in the best interest of the County to extend said agreements, as currently set to expire December 31, 2005, as modified and updated, for an additional period, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That extensions of said snow and ice agreements are hereby authorized for a period of up to three years from January 1, 2006, through December 31, 2008, and the County Administrator be and hereby is authorized and directed to execute such extensions on behalf of the County.
SEQR ACTION: TYPE II-20

______________________

Approval of Appointment(s) Under the Consent Agenda

 It was by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:

Economic Development Loan Oversight Committee
Diane Goodman - Micro-Enterprise Business representative; no set term

Planning Advisory Board
Brian Martinson - Education representative; term expires December 31, 2006

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

 Ms. Robertson, Chair, reported the Committee met on May 4th and had an interesting discussion about housing and the Comprehensive Plan, looking at the action items that are underway relating to housing.   She stated there will be a 3-5 year needs assessment conducted on housing to find out what the specific housing needs are in Tompkins County.  Mr. Marx, Planning Commissioner, reported several communities are already discussing model zoning provisions that would encourage affordable housing.  The Committee discussed homelessness with Department of Social Services staff and learned that emergency bed nights, although lower than last year, are still high for the first four months of this year.    Ms. Robertson said the Committee requested more in-depth information on trends and the people who are using the shelters.

 Ms. Robertson said the Committee considered a couple of position requests and discussed why there seems to be such a high turnover in the Department of Social Services this year.  Tom Herden, DSS Director of Administrative Services, reminded the Committee that former Commissioner Mary Pat Dolan had warned the Legislature that the Department had downsized as much as possible over recent years.  It now appears that they have come to the end of their ability to absorb increasing workloads.   Ms. Robertson said the number of Medicaid cases handled by the Department had increased by 62% over the last four years.
 The Committee met Dr. Robin Robinson, a child Psychiatrist who is working half-time for the County and half-time for Family and Children's Services.   An update was also given on the SRO's progress (Single-Room Occupancy); Ms. Robertson said there may be five additional beds approved for that program and three more in the apartment program.

 Linda Riley of the Mental Health Department provided the Committee with an overview of the D.O.O.R.S. (Domestic Offense Offender Re-education Services) program.  The Committee also received an update from Lee Dillon, Executive Director of Tompkins Community Action, on local and federal programs and also on the local housing situation.  Ms. Dillon reported to the Committee that 798 families have found housing under the Section 8 program even though there have been some complaints that landlords are not accepting Section 8.

 Ms. Robertson announced the next meeting will be June 1st.

RESOLUTION NO. 88 - AUTHORIZING INCREASE IN HOURS FOR ECONOMIC SECURITY SUPERVISORS AND REQUEST FOR CONTINGENT FUNDS – DEPARTMENT OF SOCIAL SERVICES

 MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne.  Mr. Proto questioned the funding for a position of Director of Eligibility.  Mr. Whicher said that position was not filled nor funded last year during the budget process along with an agreement that the Department of Social Services was going to restructure.   The Department has done that and figured out how to handle the workload. The Department now needs funds to add five hours to four positions so that the added work can be managed by the employees.     Ms. Robertson said this work has to be done and the Department has found a way to do it at a much lower cost than before.

 A short roll call vote resulted as follows:  Ayes - 13, Noes - 0, Excused - 2 (Legislators Kiefer and Totman).  RESOLUTION ADOPTED.

WHEREAS, after the retirement of the Director of Eligibility on September 24, 2004, the Department of Social Services chose to not fill the position immediately in order to consider process and cost-containment measures, and
WHEREAS, the Department did so with the stipulation that it could reinstitute the position should it become necessary, and
WHEREAS, by leaving the position vacant, it has become apparent that certain duties of the previous Director of Eligibility have been unavoidably absorbed by the supervisors who previously reported directly to said Director, and
WHEREAS, the Department recognizes the additional work that has been placed on these supervisors and realizes that an increase in hours is necessary and justified, and
WHEREAS, the cost of increasing the hours of the supervisors is cost-saving in relation to filling the Eligibility Director position, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That effective February 14, 2005, the following positions be increased from 35.0 hours per week to 40.0 hours per week:

2.0 Head Social Welfare Examiners – Grade 16 (604)
Emergency Services Coordinator – Grade 15 (689)
Principal Social Welfare Examiner – Grade 14 (568)

RESOLVED, further, That the Director of Finance is authorized to make the following pro-rated 2005 budget adjustments and appropriation:
Budget Adjustment
FROM:  A6010.44610    Federal: DSS Admin    $16,242
TO:  A6010.51000.604  Salary - Head Social Welfare Examiners  $  6,256
  A6010.51000.689  Salary - Emergency Services Coordinator $  2,844
  A6010.51000.558  Salary - Principal Social Welfare Examiner $  2,585
A6010.58800   Fringes        $  4,557
Appropriation
FROM:  A1990.54400   Contingent Fund    $16,241
TO:  A6010.51000.604  Salary- Head Social Welfare Examiners  $  6,256
  A6010.51000.689  Salary- Emergency Services Coordinator $  2,843
  A6010.51000.558  Salary- Principal Social Welfare Examiner $  2,585
A6010.58800   Fringes       $  4,557

RESOLVED, further, That the Department of Social Services’ Fiscal Target shall be increased by the annualized net local share of the salary and fringe costs associated with the above increase in hours, or $18,360.
SEQR ACTION: TYPE II-20

________________

Report from the Air Service Committee

 Ms. Blanchard, Chair, reported the Committee met on June 9 and spent time reorganizing its schedule and work program for the year.   She also said the Northwest service is working very well and emplanements are up.   The next meeting will be June 20th.

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

 Ms. Herrera, Chair, reported the Committee met on May 4th.  At that meeting Michael Stamm, President of Tompkins County Area Development, provided the Committee with information on the IDA's (Industrial Development Agency) mission, policies, and procedures.  He also had a chart of property tax abatement values.  He pointed out that the value of tax abatements compares favorably with job creation which is a goal of economic development.   Ms. Herrera said she asked what could be done when a project seems to be progressing differently than what was originally proposed.   After some discussion it was suggested that a memorandum of understanding on project parameters might be helpful.
 
 The Committee also discussed how the IDA is sensitive to the hope of jobs going to County residents; however, there is a need to promote workforce investment so that there can be local residents who are qualified for these new jobs.  Ms. Herrera said the Committee received a report from Debra Giordano, Director of Workforce Development, on the resolution pertaining to the Workforce Development Board that is on the agenda this evening.   Also discussed by the Committee was the inter-relationships between jobs and tourism jobs and incentives and how important that the burden doesn't fall too heavily on any one sector.

 Ms. Giordano reported on the Workforce Investment Board and the transition they are in and how Tompkins County suffers because of the flawed formula relating to the relationship of underemployment to unemployment.  Because Tompkins County has so many students in its population it makes it look as if the County is doing much better in terms of unemployment than it really is.  Ms. Giordano reported they served over 9,100 job seekers last year.

 The Committee heard a report on the MPO (Metropolitan Planning Organization) survey about  park and ride feasibility.  Ms. Herrera said the Watershed assessments continue and the Committee will get a report on May 19th.  She announced a workshop entitled "Watershed Assessments for Fall Creek, Salmon Creek, and Cayuga Inlet - An Integrated Approach to Flood Mitigation and Water Resources Management" will be held on May 19th at the Beverly Livesay Conference Room at the Human Services Building.   The next Committee meeting will be June 1 at 2:30 p.m.

RESOLUTION NO.  89 -  APPROPRIATION FROM CONTINGENT FUND –  ADMINISTRATIVE EXPENSES – TOMPKINS COUNTY WORKFORCE INVESTMENT BOARD    
 
 MOVED by Ms. Herrera, seconded by Ms. Blanchard.  In response to a question posed by Mr. Lane, Ms. Giordano said this funding will be allocated towards payroll, fringe and operating expenses.  She said she will continue to pursue other funding and if successful, she would apply that funding towards this purpose.  She said the Workforce Development Department is fairly secure in terms of the federal funding formula.  The problem area is with competitive grants and she said she does not expect that to change.   Ms. Giordano said the Department is in the process of long-range planning and said the Legislature should expect a request for funding in the 2006 budget.  She said the County supported the start-up costs of the Workforce Development program and also provided an allocation in 2001 for a $17,000 shortfall.   These are the only local property tax dollars that have been allocated to the program.

 A short roll call vote resulted as follows:  Ayes - 13, Noes - 0, Excused - 2 (Legislators Kiefer and Totman).  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Workforce Investment Board will experience State and Federal funding cutbacks in 2005, and
 WHEREAS, no additional funding sources or grant opportunities have been identified to offset the shortage, and
 WHEREAS, in order to meet the minimum administrative responsibilities of the Workforce Investment Board through December 2005, an appropriation from the contingency fund will be needed, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality and Budget and Capital Committees, That the Director of Finance appropriate a total of $40,830 to the Workforce Investment Board’s 2005 budget from the Contingent Fund,
RESOLVED, further, That the money be distributed to the following accounts:
From:  A1990.54000 Contingent Fund  $40,830
To:  CD6290.45031 Interfund Contribution  $40,830
SEQR ACTION:  TYPE II-20

__________________

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

 Mr. Koplinka-Loehr, Chair, reported the Committee met on May 10 and most of the business is reflected on the agenda.  In addition, the Committee approved requests to fill eight positions.  The next meeting will be May 24th.

RESOLUTION NO.  90  - ESTABLISHMENT OF 2006 COUNTY FINANCIAL GOALS

 MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson.  Mr. Whicher distributed an overview of the County budget over the last ten years and also five scenarios for the proposed 2006 budget.  He explained each of the scenarios and what assumptions were contained in each.

 It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to change the second Resolved to read: "RESOLVED, further, That the Legislature establishes the goal of a maximum annual increase in the tax levy of zero percent for 2006,"

 Mr. Proto said he is disappointed that the Legislature is going through this exercise when most Legislators recently attended a budget retreat.  At that retreat, he thought the consensus was that there was agreement that a zero percent budget would be presented.  He said he assumed that would be included in the original resolution, and asked what has changed between the time of that retreat and the Budget and Capital Committee meeting.  Mr. Koplinka-Loehr stated that the percentage that was brought forward at the beginning of the budget retreat was three percent.  It was also stated at that time that more information was needed on Capital expenses; following the receipt of that information the figure remained at three percent.

 Mr. Penniman said he did not view the budget retreat as a decision-making meeting. There were questions that came out of it as to what is doable and he believes those questions were answered.  He said he will support the amendment and if it fails he will offer a substitute.

 Ms. Herrera said she wants to move the discussion away from data and to the people who pay tax.  Some of her friends have been forced to sell their homes in Fall Creek.   She said it is up to this Legislature to show some leadership in this budget process.    Last year this Legislature aimed for a goal of three percent and although that wasn't met she believes if a goal is set, it is more likely to come closer to meeting it.

 Mr. Lane said he will support zero percent because he sees it solely as a goal and he knows there are things that cannot be anticipated.   He said it is very difficult for a County Administrator to put together two budgets and that Mr. Whicher should be charged with doing only one.  This discussion needs to be about people and he has never heard as much complaining from people as he hears now about taxes of all jurisdictions and school districts.

 Mrs. McBean-Clairborne said she appreciates the scenarios that have been presented by County Administration.  She agrees with Mr. Lane and does not anticipate that a goal of zero percent will be met however, she would like to begin there.   She said this Legislature will be forced to make decisions but has to figure out the best way to have a balance in tax equity and supporting the services that are needed.

 Mr. Koplinka-Loehr said he will not support a goal of zero percent because it would have to come out of the Fund Balance or it will give a message to the entire organization that there will be a three percent cut.  He cannot support placing six months of fear on already-stressed employees and does not find this fiscally responsible.   Mr. Koplinka-Loehr said the Community Advisory Panel gave this Legislature a recommendation to look at the long-term and he feels the County could attain a long term goal that is fiscally responsible at three percent.

 It was MOVED by Ms. Robertson to amend the amendment, changing the second Resolved to read:  ""RESOLVED, further, That the Legislature establishes the goal of a maximum annual increase in the tax levy of two percent for 2006," and to amend the final Resolved to read:  "RESOLVED, further, That the County Legislature establishes a goal for 2006 of maintaining our total workforce level at or below current levels".     MOTION FAILED DUE TO LACK OF A SECOND.

 Ms. Robertson said she will not support Mrs. McBean-Clairborne's amendment because she favors the language contained in the substitute Mr. Penniman is prepared to offer.  In that resolution the County Administrator is charged with recommending a budget with a tax levy increase of zero percent; however, the goal of the Legislature is to adopt a maximum tax levy increase of three percent.
 
 Ms. Blanchard said she is supportive of Mrs. McBean-Clairborne's amendment.  She stated that identifying specific capital projects that are reflected in the $500,000 reduction is not a good thing for this Legislature to do now.  She said she has no problem looking for $500,000 in the capital budget but doesn’t want it to be conveyed to the public that that there will be a delay with the Public Safety Communications System by voting on something the scenarios are attached to.

 Mr. Penniman spoke relative to capital planning and noted that recent draft capital budgets that he has seen do not include a jail project for the next few years.  Although it doesn't appear that anything will need to be done in the immediate future, it may come up in the next few years and would cost a significant amount of money.   Mr. Penniman reported on a request made of County Administration to do a comparison of other similar-size counties to show how the impact of similar programs and similar State mandates have effected other counties.  He said some counties have raised sales tax and some have raised property taxes.  He said sales tax increases over the last five years range from $1 million to $10 million in the group of comparable counties and property tax changes in the last five years range from -$2 million to $16.5 million (Tompkins County).  He said if a look is taken at the aggregate there is a total of a $20 million increase in combined sales and property taxes, with very little increase in the population.  He said this Legislature needs to be mindful of this and do whatever is possible to minimize it.

 It was MOVED by Mr. Booth, seconded by Mr. Proto, to amend the amendment by adding the following language in the second Resolved: "a deferred program change of not greater than 4.6 percent".  Mr. Whicher clarified this would mean $1 million in reductions to current programs.

 Mr. Koplinka-Loehr said this is a million dollar "handcuff" that he cannot support.   Following a discussion with opposition being expressed to this amendment because it was felt there needs to be flexible thinking in this process and this motion may take away opportunities to reduce spending, a voice vote on the amendment to the amendment resulted as follows :  Ayes - 7 (Legislators Blanchard, Booth, Koplinka-Loehr, Lane, Penniman, Proto, and Schuler); Noes – 6 (Legislators Herrera, Joseph, McBean-Clairborne, Robertson, Todd, and Winch); Excused - 2 (Legislators Kiefer and Totman).   MOTION FAILED.

 Mr. Winch said although this will cause a tremendous amount of work for this Legislature and department heads he believes it is worthwhile and will support the amendment.
 
 A voice vote on the original amendment resulted as follows:  Ayes - 10, Noes - 3 (Legislators Joseph, Koplinka-Loehr, and Schuler); Excused - 2 (Legislators Kiefer and Totman).  MOTION CARRIED.

 A voice vote on the resolution as amended resulted as follows:  Ayes - 10, Noes - 3 (Legislators Joseph, Koplinka-Loehr, and Schuler); Excused - 2 (Legislators Kiefer and 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 2005 ($7.18/thousand) tax rate for 2006 by approximately 6.2 percent (to $6.72/thousand),
RESOLVED, further, That the Legislature establishes the goal of a maximum annual increase in the tax levy of zero percent for 2006,
RESOLVED, further, That the County Administrator shall be charged to recommend modifications to employee health and prescription costs and further consolidations of departments and functions where opportunities exist for improved efficiencies,
RESOLVED, further, That the County establish a goal of maintaining workforce levels at or below current levels in the 2006 Budget.
SEQR ACTION:  TYPE II - 20

___________________

RESOLUTION NO. 91 - ESTABLISHING SALARIES AND BENEFITS OF MANAGEMENT AND CONFIDENTIAL EMPLOYEES, 2005

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lane.  Mr. Booth said he cannot support this resolution because he feels the salary adjustment is too high.  Mr. Winch questioned if action should be taken on this when there are other unresolved contracts.  Mr. Koplinka-Loehr responded that discussions have been held with both groups.   Mr. Joseph stated the response from those groups was that they did not support the three-tier formulary on prescription drugs.   A roll call vote resulted as follows:  Ayes - 12, Noes - 1 (Legislator Booth); Excused - 2 (Legislators Kiefer and Totman).  RESOLUTION ADOPTED.

WHEREAS, from 1988-2004, the Legislature has reviewed the salary schedules for Management and Confidential employees, and
        WHEREAS, the schedule developed during that time period to bring certain salaries into alignment will still take several years to complete, now therefore be it
        RESOLVED, on recommendation of the Budget and Capital Committee, That Management and Confidential employees newly hired, reclassified, or who changed positions after January 1, 2001, are currently salaried based upon the relevant County salary schedule,
        RESOLVED, further, That all incumbents in Management positions on January 1, 2005, shall receive an increase of 1.5 percent if their salary exceeds the relevant salary schedule or 2.0 percent if their salary is equal to the relevant salary schedule,
        RESOLVED, further, That effective January 1, 2005, Confidential employees shall receive an increase of 1.75 percent if their salary exceeds the relevant salary schedule or 2.0 percent if their salary is equal to the relevant salary schedule,
        RESOLVED, further, That effective June 1, 2005, Management and Confidential employees may elect to have their individual longevity payments paid into a Voluntary Employee Benefit Account (VEBA),
        RESOLVED, further, That effective June 1, 2005, incumbents in Management positions shall become able to accumulate compensatory time to a maximum of three weeks,
        RESOLVED, further, That effective June 1, 2005, prescription drug coverage for Management and Confidential employees shall transfer to a three tier prescription drug coverage system that will include employee co-payments at the levels of $5 (generic), $15 (preferred brand name), and $25 (non-preferred brand name) as outlined in related prescription drug provider documents,
        RESOLVED, further, That effective June 1, 2005, expected savings realized from the switch to a three tier prescription drug coverage system that includes co-payments at the levels of $5, $15 and $25, (based on calculation from actual usage reports during 2004) shall be pro-rated for the remaining term of the year and paid to Management and Confidential employees as an addition to the relevant salary schedule,
        RESOLVED, further, That the set-aside limit for Flexible Spending accounts for unreimbursed medical costs for Management and Confidential employees shall be increased to $5,000 in 2006,
        RESOLVED, further, That Management and Confidential employees shall receive longevity payments as provided for in a relevant compensation schedule and shall be entitled to all other fringe benefits specified in Administrative Policy 03-01, fringe benefits for non-unionized employees.
SEQR ACTION:  TYPE II - 20

___________________

RESOLUTION NO. 92 - ACCEPTING THE FOCUS AREA RECOMMENDATIONS RESULTING FROM THE COUNTY’S STRATEGIC PLANNING PROCESS

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present.

WHEREAS, Tompkins County government seeks to continually improve its processes and services, and
WHEREAS, the County has completed a Strategic Planning process, including five planning sessions between December 2004 and April 2005, that involved the gathering and compilation of comprehensive input from Department Heads and Legislators, and
WHEREAS, the planning process has resulted in the identification of organization-wide Focus Areas that are important to the County’s current and future pursuit of excellence over the next three to five years, now therefore be it
RESOLVED, on recommendation of the Strategic Planning Committee, That the County Legislature accepts the Focus Area recommendations (dated May 2005) as a blueprint for various specific and overall organizational improvements over the next 3 – 5 years,
RESOLVED, further, That the Legislature encourages the appropriate standing committees and departments to use the Focus Areas summary as a starting point for the development of proposals, work plans, initiatives etc. to implement the recommendations,
RESOLVED, further, That the Chair of the Legislature, in consultation with Administrative staff and departments heads, periodically keep the Legislature informed of actions taken toward implementing the focus areas and directions outlined in the planning document.
SEQR ACTION:   TYPE II-20

___________________

Tompkins County Strategic Planning
FOCUS AREA RECOMMENDATIONS, May 17, 2005

SUMMARY

The County’s strategic planning process entailed a variety of overlapping methods – including written and verbal responses to questions, group discussions, and prioritization exercises. These methods were used to collect and review a broad range of input from County Department Heads and Legislators. Beginning with Department Head reports on the priorities and challenges within their departments and continuing through brainstorming and debate among Legislators on organization-wide issues, the input has been rich and thoughtful.

The most significant benefit of this inclusive strategic planning process is a better understanding of what is important to our organization as a whole. Taking into account the themes and commonalties among responses and comments, as well as priorities expressed by both Department Heads and Legislators, certain topics have appeared and been supported repeatedly. As a result, a set of ideas or directions has emerged.

The process has resulted in the realization that gaining consensus on the importance of one direction over another is nearly impossible. Also, not all directions have had unanimous support. Most participants could list their top priorities; in contrast, when ideas where combined in group meetings, the outcome was not clear prioritization but a comprehensive list of repeated and well-supported directions.

Therefore, rather than try to designate a short list of key directions, the Legislature has agreed on four focus areas that are recommended for increased attention by County government over the next 3 to 5 years. The overall goal for County government is and should be continual improvement in all we do. The items within the focus areas will be used as a guide for organization-wide improvements over the next 3 to 5 years.

The focus areas:

1. indicate items that will require more intensive attention in the near future, or areas that can be addressed now through department-driven initiatives or Legislative policy decisions; and/or
2. reaffirm areas to which we are already applying attention and resources; and/or
3. serve as starting point for development of action plans and timelines for implementation.

While the regular work of departments – as determined by legislative and department priorities and vital to the mission of County government – will continue, many of the focus areas will influence aspects of how the Legislature and various departments operate. Tentative assignments for implementation indicate where the lead responsibility will reside for carrying each item forward.
 
 

FOCUS AREAS

With the exception of Fiscal Viability, which was considered to be of prime importance, the focus areas are not in priority order. The items within each focus area are arranged by relative importance, as agreed upon by the Legislators. Implementation assignments are tentative and may be expanded or changed.
 

Long-Range Fiscal Viability
Achieving long-term stability while maintaining a balance
between spending limits and the need for services
1. Work to control taxes, reduce spending, and reduce the tax burden on residents – Legislature, Administration, Department Heads
2. Investigate alternative revenues – Legislature
3. Support economic development – Legislature
4. Expand organization-wide efforts to increase efficiencies – Administration, Department Heads, County staff
5. Educate public on County services; increase understanding of what tax dollars pay for – Public Information, Departments/Programs, Legislature
6. Increase community partnerships; involve citizens, business community, educational institutions, other governments a01nd agencies  – Legislature, Department Heads
7. Improve inter-municipal cooperation and explore potential benefits of consolidation – Legislature, relevant departments
8. Address space issues in County facilities – Legislature, Space Needs Committee, Planning Dept., Facilities Dept.
9. Pursue improved energy conservation in County buildings – Facilities Dept., County staff
Improved Decision Making Tools and Program Flexibility
Improving decision-making tools to assure long-range fiscal viability;
helping departments stay nimble and responsive to community needs

1. Promote organization-wide outcome-based program evaluation; find ways to verify the true cost of cutting/keeping preventative programs – Administration, Department Heads
2. Promote use of well-supported data and data analysis as a basis for decision-making – Legislature, Administration, Department Heads
3. Explore technologies that make data-gathering more efficient and accurate – Administration, Department Heads, Information Technology Services
4. Provide steady support for departments; recognize need for personnel, equipment, training, and technology  – Legislature, Administration
5. Institute long-range planning and, in particular, long-range human services planning based on demographic trends – Legislature, Administration, human services departments and agencies, Planning Dept., community organizations
6. Keep up with current technologies; plan for technological changes – Information Technology Services, Department Heads, Administration, Legislature
 

Support of the Workforce
Support of issues having to do with the hiring, retention,
development, and management of County personnel

1. Build and support an effective diversity and inclusion program for County government  – Legislature, Personnel, Administration, Department Heads, Workforce Diversity and Inclusion Committee, County staff
2. Provide adequate training and staff development, including cross-training within and across departments and training using new technologies – Personnel, Legislature, Administration, Information Technology Services, Department Heads
3. Promote consolidation/coordination of programming and support skills across and within departments; promote improved communication among departments – Department Heads, Administration, cabinets, Personnel, Legislature
4. Focus on succession planning/recruitment and development of management leaders – Department Heads, Administration, Personnel
5. Promote performance evaluation for staff – Administration, Personnel, Department Heads
6. Improve staff-Legislator relationships; improve communication and understanding between Department Heads and Legislators; promote more reliance on staff expertise – Legislature, Department Heads
7. Develop salary improvement program – Legislature

Equity and Justice
Promotion of economic well-being and social fairness for all

1. Work for economic justice and well-being for all residents – Legislature
2. Build and support an effective diversity and inclusion program for County government – Legislature, Personnel, Administration, Department Heads, Workforce Diversity and Inclusion Committee, County staff

Report and Presentation of Resolution(s) from the Government Operations Committee

 Mr. Lane, Chairman, reported the Committee has not met since the last Legislature meeting.

RESOLUTION NO. 93 - ADOPTION OF LOCAL LAW NO. 1 OF 2005 - A LOCAL LAW CREATING A NEW ARTICLE IX OF §150 OF THE TOMPKINS COUNTY CODE - ARTICLE IX - EXEMPTION FOR HISTORIC BARNS

  MOVED by Mr. Lane, seconded by Mr. Proto.  Ms. Blanchard referred to the draft law and asked for an explanation of the following language: "Pursuant to §483-b of the Real Property Tax Law there shall be an exemption from taxation to the extent provided in that section of the Real Property Tax Law".   Ms. Coggin, Director of Assessment, stated the exemption on a historic barn is to the extent of the increase in assessment that would be exempt for ten years from taxation.    She also stated the increase in assessment is the only portion that would be exempt and it does not include any barn that is used for commercial or residential purposes.

 A voice vote resulted as follows:  Ayes - 9; Noes - 3 (Legislators Blanchard, Booth, and Todd); Excused - 2 (Legislators Kiefer and Totman); Temporarily out of the Room - 1 (Legislator McBean-Clairborne).  RESOLUTION ADOPTED.

  WHEREAS, in order to preserve historic barns within Tompkins County it is deemed prudent to provide an exemption as an incentive to maintain and restore these structures, and
WHEREAS, a public hearing was held before the Tompkins County Legislature on May 17, 2005, to hear all persons interested in proposed Local Law No. 1 of 2005 - A Local Law Creating a New Article IX of §150 of the Tompkins County Code - Article IX - Exemption for Historic Barns, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. 1 of 2005 - A Local Law Creating a New Article IX of §150 of the Tompkins County Code - Article IX - Exemption for Historic Barns, is hereby adopted,
RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State.
SEQR ACTION:  TYPE II-20

____________________
 
RESOLUTION NO. 94 - ADOPTION OF LOCAL LAW NO. 2 OF 2005 - A LOCAL LAW CREATING A NEW ARTICLE X OF §150 OF THE TOMPKINS  COUNTY CODE - ARTICLE X - EXEMPTION FOR IMPROVEMENTS TO PROPERTY MADE PURSUANT TO THE  AMERICANS WITH DISABILITIES ACT OF 1990

 MOVED by Mr. Lane, seconded by Ms. Robertson.   Ms. Coggin stated if the increase in assessment is due to the alteration to the home to accommodate the Americans with Disabilities Act of 1990 an exemption may be granted for a period of up to ten years.  An exception to this would be if the improvements were made prior to the adoption of this exemption, a partial exemption could be granted for the remaining time of the ten-year period.   The maximum exemption is 100 percent of the added value of the home.   Ms. Coggin stated that typically handicapped changes do not add to the market value of a property unless a room is added.

 Mr. Lane said efforts need to be made to try to reduce the cost of institutionalizing people and it is cheaper to keep a disabled person in their home and is better from a humane aspect as well.  He said this is a small token to the family who puts out a big expenditure so that the disabled person can stay at home.

 A voice vote resulted as follows:  Ayes - 13, Noes - 0, Excused - 2 (Legislators Kiefer and Totman).  RESOLUTION ADOPTED.

WHEREAS, a public hearing was held before the Tompkins County Legislature on May 17, 2005, to hear all persons interested in proposed Local Law No. 2 of 2005 - A Local Law Creating a New Article X of §150 of the Tompkins County Code - Article X - Exemptions for Improvements to Property Made Pursuant to the Americans with Disabilities Act of 1990, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. 2 of 2005 - A Local Law Creating a New Article X of §150 of the Tompkins County Code - Article X - Exemptions for Improvements to Property Made Pursuant to the Americans with Disabilities Act of 1990, is hereby adopted,
RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State.
SEQR ACTION:  TYPE II-20
___________________

RESOLUTION NO. 95 - ADOPTION OF LOCAL LAW NO. d OF 2005 - A LOCAL LAW
   PROVIDING THAT UNREIMBURSED CERTAIN MEDICAL AND
   PRESCRIPTION DRUG EXPENSES BE EXCLUDED FROM
   INCOME IN DETERMINING SENIOR CITIZENS TAX
         EXEMPTION
 
 MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne.  Ms. Herrera said this exemption is not stated clear enough; therefore, she cannot support it.   Ms. Robertson said she is also opposed to this because it will apply to people that are low income enough that they already get the partial income exemption and would put a large number of people into that category.

 Mr. Lane disagreed and spoke of the expanding costs of medical care and prescription costs.  He said some of the elderly people who would be eligible for this are just over the breaking point and although there may be some this would help to become eligible for an exemption, he believes it is worthwhile.
 Mr. Booth said by limiting this to one year there will be an opportunity to review what the impact will be.
 
 A voice vote resulted as follows:  Ayes - 6 (Legislators Booth, Joseph, Lane, McBean-Clairborne, Schuler, and Winch); Noes - 7 (Legislators Blanchard, Herrera, Koplinka-Loehr, Penniman, Proto, Robertson, and Todd); Excused - 2 (Legislators Kiefer and Totman).  RESOLUTION FAILED.

WHEREAS, a public hearing was held before the Tompkins County Legislature on May 17, 2005, to hear all persons interested in proposed Local Law No. d of 2005 - A Local Law Providing that Unreimbursed Certain Medical and Prescription Drug Expenses be Excluded from Income in Determining Senior Citizens Tax Exemption, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. d of 2005 - A Local Law Providing that Unreimbursed Certain Medical and Prescription Drug Expenses be Excluded from Income in Determining Senior Citizens Tax Exemption, is hereby adopted,
RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State.
SEQR ACTION:  TYPE II-20
__________________

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

 Mr. Penniman, Vice Chair, reported in addition to the resolution on the agenda, the Committee approved two position requests.

 Mr. Winch was excused at 8:23 p.m.

RESOLUTION NO. 96 - DIRECTING THE COLLECTION AND COMPILATION OF
           CRIMINAL JUSTICE DATA

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman.  Mr. Proto thanked Mrs. McBean-Clairborne for continuing to pursue a version of the resolution he had requested in 2004; however, he does not feel this accomplishes what he wanted to have done.  He referred to the second Resolved and said he does not support the language it contains.  He said his hope was that an independent review of the material could be conducted.   Ms. Robertson said she believes a lot can be done internally before conducting an outside review.  She referred to a document she prepared entitled "Criminal Justice Data:  Hypotheses to Test" which she has distributed to all Legislators.  She asked that comments be submitted to her as soon as possible.

 Mr. Lane was excused at 8:26 p.m.

 It was MOVED by Mr. Proto to Table action on this resolution indefinitely.  MOTION FAILED DUE TO A LACK OF SECOND.

 
 A voice vote resulted as follows:  Ayes - 10, Noes - 1 (Legislator Proto); Excused - 2 (Legislators Kiefer, Lane, Totman, and Winch).

 WHEREAS, the Tompkins County Legislature wishes to track the flow of individuals through the criminal justice system, and
 WHEREAS, data on how people interact with the system and how those interactions change over time is critical to evaluating criminal justice programs, and
 WHEREAS, a better understanding of how people move through the system can identify problem area or opportunities for positive intervention, and
 WHEREAS, it is a goal of the Legislature to maximize the effectiveness of public funds spent on criminal justice programs by ensuring that each individual is treated in the least costly manner that will still ensure justice and public safety, and
 WHEREAS, the experience and expertise of our professional staff in criminal justice matters is an invaluable resource for understanding and improving the functioning of the system, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator and his staff are directed to compile the publicly available statistical data on individuals in the criminal justice system, preserving anonymity of specific individuals by deleting personal information, and to keep that compilation current so that changes over time can be observed,
 RESOLVED, further, That the heads of departments and agencies that work in criminal justice are requested to work with County Administration to gather and interpret data and to offer guidance and advice about what policy or program changes might be suggested by the data,
 RESOLVED, further, That Administration staff is encouraged to work closely with the Criminal Justice Advisory/Alternatives to Incarceration Board, municipalities, and courts on this project.
SEQR ACTION:  TYPE II-20

__________________

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

 Mr. Penniman, Chair, reported the Committee received a report from Solid Waste Division on its financial situation.  At this time it looks positive; however, they are anticipating some major expenses in the future.   The Committee received a report from the Highway Division on equipment needs and learned that the equipment account has been underfunded over the last several years.  They are now in a situation where many of the pieces of highway equipment are old and in need of replacement.  Staff will be working on preparing a realistic estimate of what costs this would entail and will present the information to the Committee next month.  Mr. Penniman reminded Legislators the field trip of highway projects will take place on June 27 from 9 a.m. to noon.  He announced the Facilities and Infrastructure meeting schedule for May 24 has been cancelled.

 Mr. Booth left the meeting at 8:27 p.m.

RESOLUTION NO.  97 - BUDGET ADJUSTMENT – SOLID WASTE

  MOVED by Mr. Penniman, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present.  Mr. Proto asked if some of the youth education and group outreach would be directed at County residents outside the City.  Mr. Penniman responded that it would not; however, with regard to open burning and the education that needs to go with it the Solid Waste Division will provide materials for public education at the time the open burning regulation takes effect.  Mr. Marx said this is was program that was ongoing but cut from the budget; revenues then came in higher for recyclables than anticipated so the program is now being continued.  Mr. Proto expressed concern for the County residents who are having trouble with recycling.  Mr. Marx said this program will be directed towards youth education and composting, and at the time the open burning regulations go into effect there will be efforts made to educate residents about how to transition from open burning to recycling.   A voice vote resulted as follows:  Ayes - 9; Noes - 1 (Legislator Proto); Excused - 5 (Legislator Booth, Kiefer, Lane, Totman, and Winch).  RESOLUTION ADOPTED.
 
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Director of Finance be directed to make the following budget adjustment on his books:
Solid Waste
Title               Amt   Approp Acct  Title(s) __________________
Fund Balance     $11,650 CL8165.54442  Professional Services
Fund Balance     $15,000 CL8163.52231  Vehicles
Explanation:  Funds needed for Cooperative Extension Group Outreach Composting ($7,000) and Youth Education ($4,650).  Funds needed to purchase replacement vehicle.
SEQR ACTION: TYPE II-20

____________________

Report from the Space Needs and Location Committee

 Mr. Proto, Chairman, reported the Committee met on May 11th and had a very progressive and decisive meeting.  He commended Andrew Tutino, Ithaca Journal Reporter, on a recent article he wrote with regard to the work the Committee has been doing.  Mr. Proto said the Committee will be making a special presentation to the full Legislature in the near future.   Mr. Proto alerted Legislators that they will soon be receiving a memo from him identifying the site that has been the subject of discussion as well as what departments might occupy that site. The next meeting will be June 8th and a special meeting has been scheduled for June 22nd.

 Ms. Robertson left the meeting at 8:34 p.m.

Approval of Minutes of May 3, 2005

 It was MOVED by Ms. Herrera, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to approve the minutes of May 3, 2005 as corrected.

Adjournment

 On motion the meeting adjourned at 8:35 p.m.
 
 
 

Respectfully submitted by Michelle Pottorff, TC Legislature Office
 
 

Tompkins County Legislature Homepage
Tompkins County Homepage
E-mail Comments about this page