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: 13 Legislators. (Legislator Booth arrived 5:40 p.m.); Excused: 2 Legislators
(Legislators Blanchard, McBean-Clairborne).
Presentation of Proclamation(s)
Chair Joseph read the following proclamations and declared:
· May 2004, Mental Health Awareness Month - accepted by Catherine Wedge of Mental Health Association
· May 2004, Foster Care Month - accepted by Tim
Stephenson of the Department of Social Services. Mr. Stephenson thanked
the Legislature and the one hundred foster families in Tompkins County for
their continued support.
· May 2004, Tompkins Community Action Month - accepted
by Lee Dillon, Director of Tompkins Community Action. Ms. Dillon thanked
the Legislature for their support over the past thirty-eight years and invited
members to the Annual Meeting on Friday, May 21, 2004, where Meg Powers will
speak on the topic of energy.
Privilege of the Floor by the Public
No member of the public wished to speak.
Distinguished Youth Award
Mr. Lane, District No. 14 Legislator, said May 2004 is the start of the second
round of Distinguished Youth Awards. He thanked Mr. Proto, the sponsors,
and others who assisted in bringing forth the award which recognizes that
the youth of the County provide a great deal of positive influence to the
community.
Mr. Lane presented Kathryn (Katie) Boyer of Freeville, New York, the May
2004 Distinguished Youth Award and read the nomination letter received from
Rachel J. Dickinson, Freeville Village Trustee. Ms. Dickinson spoke
of Katie's successes in school, with her church, and volunteerism.
Katie expressed her appreciation for this recognition.
Mr. Booth arrived at this time (5:40 p.m.).
Privilege of the Floor by Legislators
Ms. Robertson, District No. 13 Legislator, informed the Legislature of a
thank-you card received from the previous Distinguished Youth Award recipients
from the Learning Web. She then reminded individuals of school budget
and board elections taking place today throughout the County, noting the
polls would be open until nine o'clock p.m. Ms. Robertson reported
that on Thursday, May 13th, a Senior Citizen Council Forum was held on the
new Medicare Reform Bill for individual consumers, as well as agencies and
personnel assisting others. This forum brought together individuals
from Albany and Washington to speak about the new bill, in particular, the
new prescription discount cards available. She noted it is a very confusing
process, with varied cards available and will require detailed information.
There is a web site at Medicare.gov or www.cms.hhs.gov or assistance is available
through the Senior Citizens Council or Tompkins County Office for the Aging.
She then spoke of EPIC, a prescription drug program that assists senior citizens
in New York. She said the EPIC program may possibly be better than
the Medicare prescription card program.
Ms. Kiefer, District No. 10 Legislator, said Monday, May 17, 2004, was celebrated
internationally as the day the POPS treaty—the Stockholm Convention on Persistent
Organic Pollutants, came into effect. First signed in 2001 by 100 nations,
it has now been ratified by enough to go into effect. The treaty sets
out an initial list of 12 dangerous chemicals, Of which are pesticides, to
be phased out of use. Ms. Kiefer said that the United States has still
not ratified it.
Mr. Joseph, District No. 12 Legislator, said the Advocacy Center will be
having a fund raiser breakfast on June 2, 2004. The fund raiser entitled
Kids Are Our Business, is selling tickets at $35 per person. Mr. Joseph
said it is an important organization and urges people to buy tickets.
There will be raffles and door prizes over the course of the breakfast as
well as a keynote speaker, Reggie Carpenter, author and story-teller.
Ms. Schuler, District No. 4 Legislator, said the May 8th "Turn Beauty Inside
Out" event was held for middle and high-school young women. Ms. Schuler,
Ms. Herrera, Mrs. McBean-Clairborne, and local legislators from the City
and the Town of Ithaca, spoke with 35 young women about what politics is
like. The young women from Frederick Douglass Academy in Harlem who
are involved in a partnership with Ithaca College attended the event.
She said it was a very exciting four hours.
Ms. Herrera, District No. 5 Legislator, spoke of Mrs. McBean-Clairborne's
participation in the event mentioned by Ms. Schuler. She said the event
was very appropriate, since at this time in young women's lives they receive
conflicting messages from the media and it is good to be able to evaluate
and encourage youth in the right direction. She thanked Ms. Karen Cooper
and others who assisted in the program. Ms. Herrera announced that
the Tompkins County Soil and Water Conservations District and Town of Newfield
are having a tire collection day on June 5, 2004. The cost is $1.00
for each tire; tires must be cut in half if over 45 inches. It is expected
that another tire collection day will be held later in the summer.
She spoke of how important this is in relation to West Nile virus as mosquitoes
often breed in the water that collects in discarded tires.
Mr. Proto, District No. 7 Legislator, said that prior to the next Legislature
meeting the Memorial Day holiday will take place. He urged members
of the Legislature to check for parades and events in their districts to
attend. Mr. Proto said it is important that the holiday is not about
whether a war is right or wrong but to remember those who did not come back.
Mr. Totman, District No. 9 Legislator, stated he would like to bring back
Resolution No. 92 from the previous meeting; Mr. Joseph said that would be
possible during the appropriate Committee report.
Mr. Todd, District No. 6 Legislator, spoke of the procedure necessary to
change to a County Executive form of government from the present County Administrator.
He said that due to the time factors involved he may be providing members
with a draft resolution several weeks prior to it coming forth for a full
vote. Mr. Todd will have more information on this in June.
Mr. Proto reported that he just received correspondence related to Resolution
No. 66 of 2004, which opposed the Farm Service Agency Restructuring Proposal
to move the offices to Cortland County. Correspondence received from
Senator Seward and Congressman Boehlert requested that any decision be forestalled
pending meetings with the Farm Bureau and other interested parties.
Mr. Proto indicated he is aware of concern from Cornell Cooperative Extension
regarding this proposal. In addition, Mr. Proto said he had received
a letter from Assemblywoman Lifton indicating the same request.
Mr. Penniman, District No. 15 Legislator, spoke regarding Mr. Todd's discussion
of a County Executive form of government. He said that there is a time
frame for getting the matter on the ballot this year but that in order to
fully consider the proposal he would like to have available information on
what the powers and duties of the County Executive would be in addition to
the staffing structure. Mr. Todd said he wanted to clarify that in
order for the change to occur it would be placed on the ballot by the Legislature
but would require a vote from the electorate to approve this measure.
Ms. Robertson asked Mr. Proto for clarification on the proposed move of the
Farm Service Agency to Cortland. Mr. Proto responded that it apparently
had been a decision made at the State level and appeared that the proposal
was already confirmed; the requests are to forestall the decision to enable
interested parties to speak of the impact it will have locally. In
addition, Mr. Proto said that Mr. Lamb of Representative Hinchey's office
indicated the same request will be coming from their office.
Appointment of Interim Commissioner of Mental Health
At Chair Joseph's request, Mr. Whicher, County Administrator,
announced that at the appropriate time and with the Legislature's approval,
Mr. Robert DeLuca, Deputy Commissioner of Mental Health, will be appointed
to the position of Interim Commissioner of Mental Health upon the present
Commissioner's retirement.
Presentation of Resolution(s) from Communications Capital Projects Committee
RESOLUTION NO. 93 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO
AN AGREEMENT FOR A DIGITAL VOICE RECORDING SYSTEM AT THE NEW EMERGENCY RESPONSE
CENTER
MOVED by Mr. Penniman, seconded by Mr. Booth. Mr.
Penniman said that the purchase of this equipment will greatly enhance the
ability to store and retrieve messages received at the Emergency Response
Center. He indicated that ninety percent of the funds for this equipment
will be through the State's Expedited Wireless 911 Funds.
A voice vote resulted as follows: Ayes - 13; Noes
- 0; Excused - 2 (Legislators Blanchard and McBean-Clairborne). RESOLUTION
ADOPTED.
WHEREAS, the County is constructing a new Emergency Response Center, and
WHEREAS, the Center will require a digital voice recording
system that is software and hardware compatible with the new console system
and the County's existing Computer Aided Dispatch system, and
WHEREAS, the County has received bids from three qualified vendors, and
WHEREAS, the bid from Willemac, Inc., of Rochester, New
York, for a total of $45,305, including the first year of maintenance, is
the lowest bid, and
WHEREAS, ninety percent (90%) of the funds for the digital
voice recording system shall be reimbursed from the State's Expedited Wireless
911 Funds, now therefore be it
RESOLVED, on recommendation of the Communications Capital
Projects Committee, That the County Administrator is hereby authorized to
enter into an agreement with Willemac, Inc., of Rochester, New York, for
the digital voice recording system in an amount not to exceed $45,305,
RESOLVED, further, That ninety percent (90%) of the funds
necessary shall be derived from the Public Safety Communications Project
Phase I capital project (Project No. 34.12) Account No. HI3412-59239, to
be reimbursed by funds from the State's Expedited Wireless 911 Funds when
available, and any remaining funds necessary shall be derived from the Department
of Emergency Response Account No. 3410-52222.
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Report from Municipal Official
No municipal officials were present.
Presentation - Draft Tompkins County Comprehensive Plan
Mr. Marx, Planning Commissioner, with the assistance of
Ms. Borgella of the Planning Department, provided a PowerPoint presentation
of the Draft Tompkins County Comprehensive Plan (copy on file in the Legislature
Office). He explained that this plan began in 2001 with the Vital Communities
Initiative. Since then it has progressed through developing the Draft
Purpose and Content, followed by its approval, to the present Draft plan
that is now in the review process. He stressed that the comprehensive
plan provides for the coordination of existing plans, communicates our shared
vision, fosters inter-governmental collaboration, and addresses regional
issues. He then went through the plan that stresses three main areas
that are the interlocking pieces; housing, transportation, and jobs.
Each area was reviewed for strengths and weaknesses and provided with a number
of actions to take to preserve and improve Tompkins County. Mr. Marx
invited the public to attend other presentations of the Draft Tompkins County
Comprehensive Plans. The next one will take place in Freeville on May
19, 2004, at 7:00 p.m. Mr. Marx indicated a willingness to develop
a workshop for Legislative members to discuss the action items during the
draft phase of the plan if desired.
Ms. Herrera thanked Mr. Marx for the presentation. She shared her experience
of attending the open house and said that while it appears to be an easy
task, it became very obvious how everyone's actions affect the community.
She said it was very interesting and informative to see how inter-related
each topic was.
Ms. Schuler inquired what attendance has been as well as what was the public
reaction to the plan at other presentations. Mr. Marx indicated that
attendance has varied from 10-15 to 24-30, with many participants being municipal
officials. He said the open houses had more individuals in attendance
than a regular presentation. Mr. Marx said most comments are favorable
and that a compilation of all comments will be done and the information provided
to the Legislature at a later date.
Mr. Penniman noted that as part of the presentation it was reported that
there is a 30 percent increase in developed land with only a 2.5 percent
increase in population and asked if it was known what caused this.
Mr. Marx indicated that at the present time development is happening at the
rate of 1/2 housing unit per acre. In addition, he said that commercial
development utilizes more real property as well. The trend is that
more households are being formed without population growth.
Mr. Proto inquired about determination regarding the agricultural mapping
as outlined in the presentation. He expressed his concern that the
Town of Caroline is not indicated even though there is a growing agricultural
market there. Mr. Marx explained the mapping was initially done several
years ago during a study for agricultural development rights. Mr. Proto
stated he hoped that the plan would remain adaptable as there are many changes
in the agricultural market as farmers change due to markets and technological
advances. In addition, Mr. Proto inquired whether the plan identified
the amount of tax- exempt property within the County and was informed it
did not; he would like to see it included as we provide services throughout
the County regardless of whether we obtain support. Mr. Proto said
it was also important to focus on the fact that there is an increased number
of jobs but that the housing is stagnant or dropping.
Mr. Booth suggested several areas that could be revised: (1)
that it be stressed that the public transit system is under-utilized and
spoke of the many times that he is on nearly empty buses at various times;
(2) believes Cayuga Lake should be emphasized as it is a phenomenal draw
factor for tourism in the area; (3) watch the scale of the actions items,
they should be grouped and prioritized; (4) with regard to the list
of benefits of non-sprawl, he believes that in reality the sprawl is driven
from outside the boundaries of a municipality; and (5) he said that the statistic
of 2.5 percent of population with the 30 percent development growth is not
specific to Tompkins County but is true in county after county.
Ms. Robertson thanked the Planning staff for the job of bringing the information
to municipalities. She said that discussion of the action items is
a big part of the plan and asked how to respond to the action items.
Mr. Marx said to provide feedback related to the prioritization and to the
level of importance of the action items. In addition, it was noted
that the final plan would include a section on implementation outlining what
work will be done. Ms. Robertson then noted the number of commuters
to the County increased more than jobs and asked if it indicated a move outside
of the County by employees. Mr. Marx said the numbers are such that
a comparison cannot be made. Ms. Robertson inquired whether he thought
the predicted rise in interest rates would affect the housing market.
Mr. Marx said while he cannot be sure he believes that higher interest rates
would especially affect individuals at the lower end of the income
scale trying to move into their own homes.
Mr. Lane spoke of the highway structure within the County. He indicated
he believes the wording related should reflect improving the highway.
He feels that Tompkins County has a less-than-perfect system as it is not
near State highways. Mr. Lane said he believes improvements to the
Route 13 corridor as well as other corridors need to be an important piece
in the whole comprehensive planning structure. He stressed that most
goods brought into our area are across the highways as the local trains are
mainly for hauling coal in and salt out.
Mr. Todd expressed appreciation that the farm factor was mentioned in the
plan and said he was not certain how much can be done in the planning process.
He said many people do not realize the hard work agricultural undertakings
are and that there is dynamic and changing technology associated with agriculture.
He then spoke of land use and noted it is a municipality's right to designate
appropriate zoning. Mr. Todd said that he believes that housing and
jobs are private sector functions in Tompkins County. In addition,
he believed transportation is one area the public can actively participate
in planning.
Ms. Herrera said that a resolution is on the agenda to assist agriculture
and is one way that Legislator assistance can be provided to improve the
quality of life in rural communities. She then said the strong economic
development within the County is through many ways. She spoke of the
work to support the natural environment as a door of opportunity for tourism
and continuing the quality of life. In addition, jobs in the area have
increased, even when people are fleeing the County due to increased costs.
It needs to be addressed, perhaps by affordable housing.
Mr. Marx concluded by saying they would like to receive all public comments
by June 4, 2004, at which time all will be compiled into report form.
Chair's Report
Mr. Joseph reminded Legislators of the requirement to
complete and submit the Annual Financial Disclosure Form to the Legislative
Clerk.
He then spoke of a letter received from the State Division
of Probation citing the County's failure to have completed firearms training
for Probation Officers. Mr. Joseph noted that County policy does not
allow firearms to be carried by Probation Officers, however, the State has
indicated that regardless of whether or not they are carried it is a requirement
to complete the training. He said he believes this letter was produced
as a result of a recent lawsuit by Orange County who did not feel the requirement
applied as their policy is similar to Tompkins County. Mr. Joseph has
spoken to the Probation Department Director of the State's requirement to
submit a plan for compliance by June 1, 2004. He said it appears that
the County will make the necessary purchase of firearms and complete the
required training, after which the firearms will be sold. The estimated
cost to achieve this training is $23,000. Mr. Joseph said he believes
that this is an outrageous state mandate that serves no purpose. Mr.
Joseph asked that everyone be aware of this requirement and write to their
Senators and Assemblypersons to express their belief that it is a waste of
tax dollars and that the law requires modification.
Ms. Herrera inquired whether the mandate was designed
to provide knowledge of gun handling in the event the probation officer is
in a situation with one present. Mr. Joseph said he believes it is
due to probation officers being considered in the same category as peace
officers which require this training. Ms. Herrera then asked if the
estimated cost will cover everything and was informed that it is due to the
reselling of the firearms after training that the cost is lower. Ms.
Herrera indicated she would be pleased to bring forth a resolution if one
is desired.
Mr. Proto inquired what the timeframe was in order to
comply. Mr. Joseph said the plan must be submitted by June 1, 2004.
Mr. Proto suggested the County see if there is any way to comply without
having to purchase weapons and also suggested that PushBack may be interested
in the information regarding this mandate.
Mr. Todd said he believes this is another area that government intervention is uncalled for.
Report from the County Administrator
Mr. Whicher said he received a letter from Attorney Robert
Stolp, the head of the Assigned Counsel Program, which attributed the low
cost of the program to local magistrates and their efforts in reducing waiting
time in their courts. He spoke of the need to give recognition to the
magistrates for their efforts which have saved County tax dollars.
Report from the County Attorney
Mr. Wood clarified a Rule of the Board that with regard
to Mr. Totman's request to bring a resolution back to the table that a Motion
to Reconsider must be done at the Legislature's meeting it was initially
brought to or the next meeting of the Legislature. In addition, he
said the issue of the firearms training had been brought about in the past.
Report from the Finance Director
Mr. Squires announced that this quarter's sales tax figures came in at a double-digit increase; a
-24% increase compared to last year's figure. At this time sales tax
revenue is $1.1 million ahead of last year. He then reminded the public
and Legislature of the upcoming foreclosure auction that will be taking place
on Wednesday, May 26, 2004, at the Human Services Building. On Wednesday,
May 19, 2004, the preview of properties will take place. There are
twenty-two properties at this time to be auctioned, however he did indicate
that some may be removed from the auction if parties are able to make payment
arrangements.
Mr. Penniman asked if it was possible to attribute the
increase in sales tax to the high energy costs this past heating season.
Mr. Squires said he was not certain if that was the cause of the increase.
In response to an inquiry, Mr. Squires informed the Legislator of the lots withdrawn from the auction.
Additions of Resolution(s) to the Agenda
There were no resolutions added to the agenda.
Withdrawal of Resolution(s) from the Agenda
There were no resolutions withdrawn from the agenda.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Schuler, and
unanimously adopted by voice vote by members present, to approve the following
resolution(s) under the Consent Agenda:
RESOLUTION NO. 94 - TO INCREASE THE FEES FOR TOMPKINS COUNTY SHERIFF’S OFFICE IDENTIFICATION AND FINGERPRINT CARDS
MOVED by Mr. Booth, seconded by Ms. Schuler, and unanimously
adopted by voice vote by members present under the Consent Agenda.
WHEREAS, it is important to charge a reasonable fee that
reflects the time needed to process identification and fingerprint cards,
and
WHEREAS, the Tompkins County Sheriff’s Office wants to
more accurately reflect the cost associated with these services, now therefore
be it
RESOLVED, on recommendations of the Public Safety and
Budget and Capital Committees, That the Sheriff of Tompkins County can increase
the amount charged for the Tompkins County Sheriff’s Identification card
from a $12.00 fee to a $15.00 fee and fingerprinting non-criminal civilians
from a $7.00 fee to a $10.00 fee.
SEQR ACTION: TYPE II 20
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RESOLUTION NO. 95 - AUTHORIZATION TO ACQUIRE RIGHTS OF WAY – CORTLAND-McLEAN
ROAD AND BRIDGE RECONSTRUCTION - PIN 375241 (BIN 3314250)
MOVED by Mr. Booth, seconded by Ms. Schuler, and unanimously
adopted by voice vote by members present under the Consent Agenda.
WHEREAS, Resolution No. 309 of 2002 authorized an agreement with the State
of New York whereby State and Federal sources will furnish 95 percent of
the funding necessary to acquire additional rights-of-way for reconstruction
of County Road 105, Cortland-McLean Road and the bridge thereon over Fall
Creek (BIN 3314250) in the Town of Groton, and
WHEREAS, a project Right-of-Way Plan, approved via Resolution No. 324 of
2001, identified approximately ten (10) parcel acquisitions (indentures and
temporary easements) needed from adjoining property owners to complete the
work with compensation at fair market value, and
WHEREAS, the County Highway Manager has certified completion of all State
and Federal procedural requirements needed for the acquisition of right of
way for this project, and
WHEREAS, by Resolution No. 324 of 2001 the County Board of Representatives
reviewed the proposed project and determined that this project is a Type
II action in accordance with State Environmental Quality Review Act requiring
no further environmental review, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the County Administrator or designee be and hereby is authorized to
execute documents finalizing acquisition of rights-of-way in accordance with
the approved project Right-of-Way Plan,
RESOLVED, further, That payments for said transactions be and hereby are
authorized from funds to be provided from capital account HZ5051.59239.50.51
(McLean Road).
SEQR ACTION: TYPE II-20
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Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Schuler, and
unanimously adopted by voice vote by members present, to approve the following
appointments under the Consent Agenda:
Regional Forest Practice Board
James H. Wilkins III - Industry representative; term expires December 31, 2006
Substance Abuse Subcommittee
Anne Brous - Community Mental Health Services Board; term expires December 31, 2006
Barbara D. Murapa - Community Member representative; term expires December 31, 2004
Youth Services Board
Mary Agnes Hamilton, Village of Cayuga Heights representative; term expires December 31, 2006
Kenneth W. Lansing, At Large representative; term expires December 31, 2006
Family Court Advisory Council
Greg Firman - Law Enforcement representative; term expires December 31, 2005
Report from the Government Operations Committee
Mr. Lane said the Committee had not met. He reported
on the visit by a number of County Legislators to Chemung County to obtain
first-hand knowledge of how their County Executive form of government operates.
He indicated that it is very different and the position of County Executive
is more political in nature. In addition, individuals with expertise
on this subject have spoken to the Committee as well.
Mr. Lane said he is concerned that the topic of County
Executive may become a partisan effort this year and that he feels this topic
requires a thorough review. He would like to visit other counties with
both County Executives and County Administrators over the summer months to
gain a better understanding of what each form entails. Following that
he would like to have discussions followed by a recommendation from the committee
as to whether to proceed with the process. Mr. Lane then said if the
decision is to go forward it will require a great deal of preparation and
forethought as it would require amending the County Charter as well as the
necessary resolutions. He explained many things must be considered
such as the authority provided under the title, staffing, etc., and expressed
his belief that the process needs to be completed in a deliberate manner.
Mr. Proto inquired if there is an estimate of the cost
to complete this study. Mr. Lane said to date the cost has been in
the vehicle cost to transport interested members to the other Counties.
In addition to Legislators, the Clerk of the Legislature has attended as
a note taker. Mr. Lane said he is more concerned with the cost of changing
the form of government, noting he does not believe it is necessarily less
expensive, there are things to consider such as the cost of the County Executive
salary, the Deputy County Executive salaries, etc. Mr. Proto asked
that staff time be considered when reviewing the feasibility of a County
Executive government.
Ms. Herrera said what she found compelling about the issue
of County Executive is that it provides an opportunity to review our structure
to determine what is done well and where there may be room for improvement.
She feels it is something that needs to be done in a deliberate, careful
manner.
Report from the Communications Capital Projects Committee
Mr. Penniman, Chair, said the Committee has not met. The next meeting is scheduled for May 20, 2004.
Report from the Space Needs and Location Committee
Mr. Proto, Chair said the Committee met on May 12th and
reviewed the draft Request for Qualifications to seek a professional to assist
in design services related to the Space Use Master Plan. A good deal
of time was spent going through the request noting input from Mr. Marx and
Mr. LeMaro of the Facilities Division. It is hoped to advertise
within the next several weeks. Mr. Proto spoke of the Committee's work
plan being on target and the Planning Department should be commended for
their assistance. The Committee will meet next on June 9th. In
addition, Mr. Proto said he may be bringing several executive session items
concerning real estate to the Legislature at a future date.
Report and Presentation of Resolution(s) from the Health and Human Services Committee
Ms. Robertson, Chair, said the Committee met May 12th
and will meet again May 26th. The Committee heard a presentation from
Arxcel, a firm that provides pharmacy benefit management to employers, government,
individuals, etc. Prior to the Committee meeting Arxcel spoke to a
variety of individuals from health, human resource, and human service fields
about the prescription discount program developed for individuals who are
uninsured or underinsured as well as other pharmacy benefit programs.
She said Arxcel is one of two pharmacy benefits companies they will be speaking
to. Ms. Robertson said that Ms. Falcao of the Human Services Coalition
shared an extremely useful chart that outlines benefit eligibility for a
range of services for households throughout the County. In addition,
Mr. Ferrari of Catholic Charities shared information on the one-stop options
for enrollment in benefit programs provided by his agency at the rural food
banks and how it is well-received. Ms. Robertson then said that Mr.
Hawley, Director of the Senior Citizens Center, shared information on the
upcoming unveiling of the new name for the Center.
Ms. Schuler noted many folks have no primary care physician
and use the emergency room or Convenient Care, and when they are given a
prescription they often can’t fill it because of cost.
RESOLUTION NO. 96 - BUDGET ADJUSTMENT - YOUTH SERVICES
MOVED by Ms. Robertson, seconded by Ms. Schuler, and unanimously
approved by voice vote of members present. RESOLUTION ADOPTED.
RESOLVED, on recommendation of the Health and Human Services
Committee, That the Director of Finance be directed to make the following
adjustment on his books:
ADJUSTMENT
Youth Services
From Acct
Title
Amt To Acct
Title(s) __________
7021.42770 Miscellaneous Revenues
$9,528 7021.54400
Program Expenses
Explanation: This reflects the accurate 2004 appropriation and revenue
for the Recreation Partnership. When the County reduced their contribution
to the Partnership, the other partners (municipalities) increased their contributions
to offset the County's cut. The 2004 total appropriation will be $190,552
with total revenue of $152,442. Therefore the county's contribution
is a total of $38,110.
SEQR ACTION: TYPE II-20
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Report from the Public Safety Committee
Mr. Totman, Member, spoke of his recent tour of the new
Emergency Response Center and suggested that other Legislators take the tour
as well as it is very impressive. He then reported the Public Safety
Committee met May 6th. The committee approved the resolution to increase
fees for identification and fingerprint cards for the Sheriff’s Department.
A request to combine Criminal Investigation and Uniform Division into one
program called Law Enforcement Division was approved and will be presented
at the next Legislative meeting. The committee reviewed a detailed
report outlining the costs associated with boarding out prisoners.
In addition, the committee reviewed rollover requests submitted by departments.
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Booth, Chair, reported the Committee met on May 11th
and heard a report from Johnson Controls on the Preliminary Energy Assessment.
The assessment indicated that the County has the potential of saving 12 percent
of its energy costs. This is a proposal that would allow energy improvements
that would be funded through the energy savings upon implementation.
Mr. Booth said that the most energy-efficient building from a cost standpoint
is Biggs B due to the inexpensive heat (steam) purchased for the building.
Johnson Controls is working with Mr. LeMaro, Facilities Director, to draft
a contract for a detailed assessment. In addition, Mr. Messmer, Highway
Superintendent, recommended a possible pilot program that would extend the
life of highways while awaiting a total rebuild. This program may be
conducted this year. Mr. Booth reported that Mr. Squires, Finance Director,
and Mr. Nicholas, Airport Manager, spoke of the financial situation at the
Ithaca Tompkins Regional Airport and efforts being taken to reduce the airport's
budget. Mr. Nicholas said it is difficult to reduce hours due to Federal
Aviation Administration regulations. Mr. Booth reported the County
now has a two-year contract extension with US Air, this extension will expire
in December 2005. Mr. Booth then announced that the week of May 17
- 22 is National Public Works Week as declared by the National Public Works
Association.
At this time Mr. Lane asked for a point of inquiry with
regard to bringing back Resolution No. 92; if this resolution were brought
forward and does not have a sufficient number of votes to pass, could it
be brought back again. A brief discussion occurred during which Mr.
Wood informed the Legislature that it could not be brought back again, however
it could be brought forward and tabled, or with consent, the rules of the
Legislature could be suspended with a two-thirds vote.
RESOLUTION NO. 92 - CONTINGENT FUND APPROPRIATION OF $64,066 TO PAY FOR COUNTY
SHARE OF THE COST OF THE DEMOLITION OF OLD AIRPORT TERMINAL - ITHACA TOMPKINS
REGIONAL AIRPORT
It was MOVED by Mr. Totman, seconded by Mr. Proto, to
reconsider Resolution No. 92 of 2004, Resolution No. 92 - Contingent Fund
Appropriation of $64,066 to Pay for County Share of the Cost of the Demolition
of Old Airport Terminal - Ithaca Tompkins Regional Airport.
It was MOVED by Mr. Lane, seconded by Mr. Winch to table Resolution No. 92
of 2004. A voice vote resulted as follows: Ayes - 8 (Legislators
Booth, Joseph, Koplinka-Loehr, Lane, Proto, Totman, Todd, and Winch); Noes
- 5 (Legislators Herrera, Keifer, Penniman, Robertson, and Schuler); Excused
- 2 (Legislators Blanchard and McBean-Clairborne). MOTION TO TABLE
CARRIED.
Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, thanked Mr. Marx and Ms. Borgella
for the presentation on the draft Comprehensive Plan. She said the
Committee met on May 5th, at which time they heard a report on beautification
grants from the Strategic Tourism Planning Board. This year the grants,
which are funded through room tax, will be presented to only rural sites
and will be widespread throughout the County. The Committee also heard
an update on the Tompkins County Comprehensive Plan presentations throughout
the County by Planning Department staff. Ms. Herrera said in addition
the Committee received a report from the Water Resources Council regarding
their workplan.
RESOLUTION NO. 97 - APPROVAL OF AGREEMENTS FOR AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT
MOVED by Ms. Herrera, seconded by Mr. Todd. Mr. Proto
stated he had voted against this resolution at the Committee meeting.
He explained that the Agricultural and Farmland Protection Board had brought
the resolution forward in order to permit the Finger Lakes Land Trust (FLLT)
to be the sole entity to monitor this easement. At that time Mr. Proto
supported the resolution. At the Planning, Development and Environmental
Quality Committee meeting a discussion took place to recommend the participation
of a municipal body involved and the resolution was modified to do so.
Mr. Proto said he does not believe it is appropriate that the County should
participate in this process and will not support it.
Mr. Lane said he feels strongly that a municipal body should have a role
in the monitoring process as it is almost one million dollars of public money
and the easement would be co-held between the FLLT and Tompkins County.
Ms. Robertson asked Ms. Roth of Cooperative Extension and a member of the
Agricultural and Farmland Protection Board to speak to the Legislature regarding
this grant.
Ms. Roth said when the grant was applied for it thought the grant could go
directly to the FLLT, however, the grant must be signed by a municipality
who could choose to either pass-through funds directly to the FLLT or participate
in the process. She said the FLLT is willing to monitor but only if
they are co-holders of the easement. She then explained that throughout
the State these easements have been held in a variety of ways.
Ms. Kiefer agreed with Mr. Proto and saw no need to add Tompkins County as a co-holder of the easement.
Mr. Proto said that the Agricultural and Farmland Protection Board voted
unanimously for the resolution with the FLLT as the holder of the easement
and believed it to be in the best interests of all parties. He said
he is not convinced to accept it with the County as co-holder.
It was MOVED by Mr. Proto, seconded by Ms. Kiefer, to
remove Tompkins County as co-holder of the easement. A voice vote on
the motion resulted as follows: Ayes - 6 (Legislators Herrera, Kiefer,
Proto, Todd, Totman, and Winch); Noes - 7 (Legislators Booth, Joseph, Koplinka-Loehr,
Lane, Penniman, Robertson, and Schuler); Excused - 2 (Legislators Blanchard
and McBean-Clairborne). MOTION FAILED.
A voice vote on the original motion resulted as follows:
Ayes - 10 (Legislators Booth, Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane,
Penniman, Robertson, Schuler, and Todd); Noes - 3 (Legislators Proto, Totman,
and Winch); Excused - 2 (Legislators Blanchard and McBean-Clairborne).
RESOLUTION ADOPTED.
WHEREAS, it is in the interest of Tompkins County and
its residents to support farm operations and protect valuable agricultural
resources for their contribution to the local economy, as a local source
of food and other products, and as an important contributor to the quality
of life in rural communities, and
WHEREAS, Tompkins County has been awarded a New York State Agricultural and
Farmland Protection Implementation grant for the purchase of development
rights on the approximately 430 acres of the Howser Farm in the Town of Lansing,
New York, and
WHEREAS, the farm is in the heart of an agricultural district
and an area designated in the Town of Lansing Comprehensive Plan and Tompkins
County Agricultural Lands and Natural Areas Preservation Feasibility Study
as important to the region’s agricultural base, and
WHEREAS, the Tompkins County Agricultural and Farmland
Protection Board endorsed the application to the New York State Department
of Agriculture and Markets for grant funding for this project, and
WHEREAS, the Finger Lakes Land Trust, a nonprofit land
conservation organization located in Ithaca, New York, whose mission includes
protection of working farms and forests in the twelve-county Finger Lakes
region, has agreed to take responsibility for implementation of this grant
on behalf of Tompkins County at no cost to Tompkins County, and
WHEREAS, the Finger Lakes Land Trust has expertise and
experience in negotiating, holding, monitoring, and enforcing agricultural
and forest land easements, and
WHEREAS, the New York State Department of Agriculture
and Markets is Lead Agency under State Environmental Quality Review (SEQR)
for all projects funded through the Agricultural and Farmland Protection
Program and is conducting a SEQR review that will be completed prior to disbursement
of grant funds, now therefore be it
RESOLVED, on recommendation of the Planning, Development
and Environmental Quality Committee, That the County Administrator is authorized
to enter into agreements with the State of New York for the Agricultural
and Farmland Protection Implementation Grant for the Howser farm in the Town
of Lansing, New York,
RESOLVED, further, That the County Administrator is authorized
to enter into an agreement with the Finger Lakes Land Trust for implementation
of this project, including co-holding of this easement with Tompkins County,
RESOLVED, further, That the Director of Finance be authorized
and directed to make the following budgetary adjustment to implement this
project:
Revenue: 8027.43089
Other State Aid $946,162
Appropriation: 8027.54400
Program Expense $946,162
SEQR ACTION: Unlisted
(SEQR review will be completed by New York State Department of Agriculture and Markets)
_________________
RESOLUTION NO. 98 - AUTHORIZING MULTI-YEAR AQUIFER STUDY AGREEMENTS
MOVED by Ms. Herrera, seconded by Mr. Lane. Ms.
Herrera said this resolution provides for studies that will ensure safe water.
Mr. Marx explained that the cost for the studies is spread out over time
and is included in the current capital program. A brief discussion
took place and Mr. Penniman noted that cleaning up water is far more expensive
than the study to preserve it. A voice vote on the resolution resulted
as follows: Ayes - 11; Noes - 2 (Legislators Todd and Totman); Excused
- 2 (Legislator Blanchard and McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, the public health and the economic and environmental well-being
of Tompkins County and its residents are dependent on safe and dependable
supplies of drinking water, and
WHEREAS, water supplies in Tompkins County originate, or receive contributing
waters, from underground water sources and aquifers, and
WHEREAS, Tompkins County contracted with the United States Geological Survey
(USGS) to complete a protocol of study for each of the surficial aquifers
in Tompkins County detailing a methodology for and cost of undertaking studies
to better understand the hydrologic characteristics of surficial aquifers
in the County, and
WHEREAS, the Tompkins County Legislature approved in 2003 a 20-year capital
funding program to complete detailed aquifer studies throughout the County
based upon these study protocols, and
WHEREAS, the Tompkins County Legislature wishes to contract with USGS to
conduct detailed aquifer studies in municipalities throughout the County,
and
WHEREAS, Tompkins County and the relevant municipalities will each contribute
thirty-five percent of the total cost to complete an aquifer study, and
WHEREAS, USGS will contribute thirty percent of the total cost to complete an aquifer study, and
WHEREAS, the Towns of Caroline and Dryden have already initiated detailed
aquifer studies, the total cost of which are $419,867 and $432,024, respectively,
and
WHEREAS, the contributions of the County to the aquifer studies in the Towns
of Caroline and Dryden are $137,855 and $139,454, respectively, and
WHEREAS, signing multi-year aquifer study agreements with USGS to complete
detailed aquifer studies in the Towns of Caroline and Dryden would provide
greater financial certainty to both the County and local municipalities and
better assure the availability of resources to complete projects underway
and projects to be initiated in the future, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality and the Budget and Capital Committees, That the Tompkins County Planning
Department is authorized to negotiate multi-year aquifer study agreements
that include partial County funding for the completion of aquifers studies
in Tompkins County,
RESOLVED, further, That the County’s contribution to aquifer studies will
be dependent on the financial contributions of USGS and the municipalities
with land area overlying a surficial aquifer and will not exceed thirty-five
percent of the total project cost,
RESOLVED, further, That such agreements shall not exceed five years in duration
and shall include a clause allowing termination after reasonable notice,
RESOLVED, further, That the County is authorized to enter into multi-year
contracts with USGS to complete detailed aquifer studies in the Towns of
Caroline and Dryden,
RESOLVED, further, That the County Administrator is authorized to execute said contracts.
SEQR ACTION: TYPE: II-21
_______________
RESOLUTION NO. 99 - SEEKING EXPANSION OF EMPIRE ZONES TO ALL COUNTIES
MOVED by Ms. Herrera, seconded by Mr. Booth. Ms.
Herrera announced that at the May 19th meeting of the City of Ithaca a similar
resolution will be presented as well. Mr. Proto said that he has serious
concerns regarding tax exemptions provided by the Empire Zones and will not
support the resolution. Mr. Joseph said he does not believe in the
Empire Zones but in order to have an even playingfield with other counties
who do have them he will support it. Mr. Lane said that all the surrounding
counties have Empire Zones and not having one puts Tompkins County at a disadvantage.
A voice vote on the resolution resulted as follows:
Ayes - 12; Noes - 1 (Legislator Proto); Excused - 2 (Legislators Blanchard
and McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, the Empire Zones program has become one of New York State’s best
known economic-development initiatives, resulting in billions of dollars
in new private sector investment, and, according to the Fiscal Policy Institute
the creation of 50,000 new jobs throughout the State since 1986, and
WHEREAS, although Empire Zones, originally called Enterprise
Zones, were initially intended to target economically depressed areas of
the State, but over time have been extended beyond this original limitation,
and
WHEREAS, seventy-two Zones have been designated statewide, offering substantial
state tax incentives, reduced utility rates, and programmatic preferences
to companies located, or seeking to locate, within an Empire Zone, and
WHEREAS, the success of the Empire Zones program led Site Selection magazine
to report that New York State now ranks third in the nation in attracting
new and expanded corporate facilities, and
WHEREAS, only eleven of New York’s sixty-two counties do not currently have an Empire Zone, and
WHEREAS, these counties are unable to match the State- financed incentives
that communities with an Empire Zone can provide to stimulate job creation
and retention, and
WHEREAS, this places those counties without an Empire Zone at a distinct
disadvantage in attempting to encourage new corporate location or expansion
decisions,
WHEREAS, a resolution by the New York State Association
of Counties, adopted unanimously in January 2004, fully supports the designation
of Empire Zones in all counties in New York State, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality Committee, That the Tompkins County Legislature urges Governor Pataki
and the New York State Legislature to amend the Empire Zones program to allow
for the designation of at least one Empire Zone in each of New York’s sixty-two
counties,
RESOLVED, further, That copies of this resolution be sent to Governor George
Pataki, President Pro-Tem of the New York State Senate Joseph Bruno, Speaker
of the Assembly Sheldon Silver, Senator James L. Seward, Senator John R.
Kuhl, Senator Michael Nozzolio, Assemblywoman Barbara Lifton, New York State
Association of Counties, and Commissioner of Empire State Development Charles
Gargano.
SEQR ACTION: TYPE II-20
______________
Ms. Herrera said the Committee will meet next on June 2, 2004, at 2:30 p.m.
Report from the Consumer and Community Affairs Committee
Ms. Kiefer, Chair, reported the Committee met on May 6th
at which time 2004 and 2005 rollover funds were discussed for the departments
reporting to the Committee. In addition, Sheriff Meskill and other
Sheriff's Department staff and the District Attorney were present to discuss
the USA Patriot Act, in particular, a draft resolution with items that would
specifically apply to the Sheriff’s Department. Ms. Kiefer said the
draft resolution was based on the Onondaga County resolution and that one
big concern is to preserve rights for the large international population
residing in the County. Ms. Kiefer believes there is not enough understanding
of the USA Patriot Act and will continue to discuss it at the Committee.
Ms. Kiefer then reported that the Tompkins County Public Library provided
an update of the ongoing attempts to develop a Public Library District for
the County. She noted that while draft legislation has been presented
to the State many questions were raised and that in addition, Groton Public
Library has indicated its desire to remain a separate entity. Ms. Kiefer
said the libraries will not become a public library district at this time
and thereafter will be included in the County’s 2005 budget process as usual.
In response to a request from Ms. Schuler to speak to the issue of cellular
telephone use in the library, Ms. Kiefer said that although the Committee
discussed the issue there was no resolution as the Tompkins County Public
Library Board of Trustees made the decision. Ms. Kiefer plans to attend
the next meeting of the Tompkins County Public Library Board of Trustees
to discuss her concerns.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported that the Committee
discussed and reviewed processes including the fiscal policy and fiscal targets.
At the next meeting these discussions will continue. Mr. Proto inquired
about the date of the Tompkins Cortland Community College budget review.
Mr. Koplinka-Loehr said it will be on May 19, 2004. He also thanked
members of the Legislature for their attendance at the April 27, 2004, budget
retreat.
Member-filed Resolution
RESOLUTION NO. 100 - SUPPORT OF THE UPDATED AND EXPANDED BOTTLE BILL TO
INCLUDE NON-CARBONATED BEVERAGES AND TO RETAIN THE UNCLAIMED DEPOSITS TO
SUPPORT MUNICIPAL
RECYCLING AND WASTE PREVENTION PROGRAMS
MOVED by Ms. Kiefer, seconded by Mr. Booth. Ms. Kiefer reported that
while attending the recent meeting of the Environmental Management Council
she became aware of State legislation designed to amend the bottle bill with
the expected date to be on the floor of the State Legislature in early June,
so she did not feel that a resolution would have adequate time to go through
a committee first. Ms. Kiefer said that she included in the proposed
resolution the desire to include non-carbonated beverages and that unredeemed
deposits be credited to the State Environmental Protection Fund to support
municipal recycling and waste prevention programs. In addition the
resolution calls for an increase in the deposit amount to $.10.
Mr. Winch said he would like to support the resolution, however he expressed
concern that the unredeemed deposits may not be utilized as indicated in
the resolution. He spoke of lottery funds that had originally been
intended to go to education but very little does. In addition Mr. Winch
said he did not agree with the increase in the deposit amount and stated
he will be requesting it be removed. Mr. Booth indicated that the controversy
related to claiming unredeemed deposits has occurred for many years. Mr.
Lane felt it was good to bring this resolution forward. Mr. Penniman
said he believes there is a societal cost either way and that the deposit
fee would reduce curbside materials; on balance it is worthwhile.
It was MOVED by Mr. Winch, seconded by Mr. Proto, to delete the second resolve
related to the increase in the deposit amounts. A voice vote on the
motion resulted as follows: Ayes - 3 (Legislators Todd, Totman, and
Winch); Noes - 10; Excused - 2 (Legislators Blanchard and McBean-Clairborne).
MOTION FAILED.
A voice vote on the original motion resulted as follows: Ayes - 10;
Noes - 3 Legislators Todd, Totman, and Winch); Excused - 2 (Legislators Blanchard
and McBean-Clairborne). 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, this law requires a minimum 5-cent refundable
deposit on carbonated soft drinks, beer, malt beverages, sparkling water,
and wine coolers, thereby creating an economic incentive for the collection
and return of these beverage containers, and
WHEREAS, this law has resulted in an average return rate
of 75% over the past twenty years, totaling over 75 billion bottles and cans,
virtually all of which have been recycled, and
WHEREAS, this law has diverted more than 5.2 million tons
from the waste stream, saving municipalities money in solid waste collection
and disposal costs, and
WHEREAS, this law has reduced litter by 30%, which has
resulted in safer and more attractive streets, parks, playgrounds, beaches,
and roadsides and has prevented injuries and property damage from broken
glass, and
WHEREAS, since the law was enacted, non-carbonated beverages
such as bottled water, tea, juice, and sports drinks have become more popular,
and now make up more than 20% of the beverage market in New York, and
WHEREAS, separate litter surveys conducted by the American
Littoral Society and Scenic Hudson in 2002 show that non-carbonated beverages
make up nearly two thirds of the beverage container litter in New York, and
WHEREAS, expanding the Bottle Bill to include these containers
would divert an additional 2.5 billion bottles and cans each year from the
waste stream, reducing litter and easing the burden on municipal solid waste
programs, 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, Senate bill S.1696A and Assembly bill A.3922A
would expand the Bottle Bill to include bottled water, tea, juice and sports
drinks, and would require that unredeemed deposits be credited to the State
Environmental Protection Fund to support municipal recycling and waste prevention
programs and other critical environmental needs, and
WHEREAS, the Container Recycling Institute estimates that
this legislation could generate more than $172 million a year in new revenue
for New York State, now therefore be it
RESOLVED, That the Tompkins County Legislature urges passage
of State legislation, S.1696A and A.3922A, which would expand and update
the Bottle Bill to include additional beverages, support increased recycling,
curb litter, reduce costs for municipalities, and provide a steady stream
of funding for recycling, waste prevention, and other environmental programs,
RESOLVED, further, That the Tompkins County Legislature
also supports an increase in the deposit amount from five cents to ten cents
per item.
SEQR ACTION: TYPE II-20
________________
Approval of Minutes
It was MOVED by Ms. Booth, seconded by Ms. Robertson,
and unanimously adopted by voice vote by members present, to approve the
minutes of the April 7th and April 20th meetings as amended. MINUTES
APPROVED.
Adjournment
On motion, the meeting adjourned at 8:19 p.m.
Respectfully submitted by Karen Fuller, Deputy Clerk.