Tompkins County
Legislature
Regular Meeting
July 1, 2003
Public Hearing - 2003-2004 Operating Budget Request for Tompkins
Cortland Community College
Chair Joseph called the public hearing to order at 5:30 p.m. concerning the
2003-2004 Operating Budget Request for Tompkins Cortland Community College.
Mr. Joseph asked if anyone wished to speak. No one
wished to speak and the public hearing was declared closed at 5:31 p.m.
Called to Order
Mr. Joseph called the meeting to order at 5:31 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 Booth and
Penniman).
Privilege of the Floor by the Public
Doug McEver, Member of the Tompkins County Water Resources Council, Cayuga Lake
Watershed, and Lansing Town Board, spoke of the ordinances concerning
watercraft on Cayuga Lake to be proposed and expected to pass at Municipal
Board meetings in the near future. Mr. McEver said a committee was
formed, comprised of members from the Towns of Ulysses, Town and City of
Ithaca, and the Town and Village of Lansing. This committee reviewed
information and suggestions from the Water Resources Council and other
appropriate committees and developed ordinances regarding watercraft on the
lake. It is expected that these ordinances will be passed by August of
this year and will go into effect in April, 2003. The ordinances will
utilize a portion of any fines to assist in covering the cost of increased
hours and enforcement. Mr. McEver said the committee will continue
meeting to discuss appropriate fines for infractions.
Fay Gougakis, City of Ithaca resident, spoke of jet skis on the lake,
indicating that she would like to see them eliminated entirely. She then
spoke of the basketball hoop at the municipal pool and how she views it as
inappropriate to have it at that site as it inhibits the use of the pool to
swim laps for exercise. Ms. Gougakis asked Ms. Herrera, District No. 5
Legislator, to assist in efforts to increase awareness of the local dog-barking
ordinance.
Privilege of the Floor by Legislators
Mr. Proto, District No. 7 Legislator, spoke of the pending personal watercraft
ordinances soon to be presented to municipalities, and said he was glad
municipalities have come up with ordinances they are willing to share. He
noted each municipality may adopt slightly different ones. He commended
the members of the Water Resource Council for their work in this issue.
He said that there were three revisions of this report to date and that the
final draft is expected to come before the Water Resources Council on July 23,
2003. Mr. Proto then reminded Legislature members of the July 7, 2003,
Tompkins Consolidated Area Transit budget presentation taking place at 4 p.m.
in the Beverly Livesay Conference Room.
Ms. Blanchard, District No. 1 Legislator, asked for a clarification of the
fines that would result from violation of the personal watercraft ordinances.
Mr. McEver explained the fines will be determined through review by appropriate
court justices and that a portion will be earmarked to assist in the additional
coverage required to enforce them.
Ms. Herrera, District No. 5 Legislator, responded to Ms. Gougakis' request for
assistance, indicating that she would be willing to draft a document to be sent
to the local media.
Mr. Proto, District No. 7 Legislator, said that in the absence of Mr. Booth,
Chair of the Facilities and Infrastructure Committee's would like to make an
announcement that the final six historic markers will be erected in the Town of
Caroline. These markers will include the Civilian Conservation Camp, the
Trestle Bridge, as well as others. He invited members of the Legislature
to see them.
Report from the Chair
Mr. Joseph, Chair, informed the Legislature of the PushBack meeting with State
representatives in Albany on June 23, 2003. He said the group met first
with a representative from Governor Pataki's office, Mr. Cape, First Deputy
Director of the Division of Budget. Mr. Cape listened to the group's
concerns regarding increased property taxes and the burden Medicaid is putting
on counties. Mr. Cape and the PushBack members then discussed possible
ways to reduce these burdens and the feasibility of swapping services to enable
the cost of Medicaid to shift back to the State with the counties being able to
take on the burden of services they would have control over. Mr. Joseph
said that Mr. Cape was enthusiastic and said that public input is welcomed for
future budget preparation. Following this meeting the group met with Mr.
Robert Hotz, Director of the Office of Fiscal Studies, as Senator Bruno's
representative. Mr. Joseph said the group again reiterated the comments
shared with Mr. Cape. Mr. Hotz then spoke to the group about how the
budget was developed and the reasons decisions were made. Mr. Hotz spoke
of the raising of income taxes, noting an increase in income tax for
high-earners is deductible on Federal income tax and that the end result was
less of an increase. Mr. Joseph said that the information spoken of by
Mr. Hotz was surprisingly close to the Fiscal Policy Institute recommendations
and perspectives.
Mr. Joseph then reported of his June 30, 2003, welcoming address to a group of
four hundred individuals who came to Tompkins County to provide repair services
to people who are disabled or disadvantaged within the community. The
youth in this Christian-based organization pay to attend this camp with some of
the funds then used for purchasing materials for the repairs. Mr. Joseph
said the group is housed in Boynton Junior High School, and he was amazed at
the logistical operation surrounding this project and likened the group to an
army of builders. He spoke of the planning taking place prior to
transporting to job sites and the coordination of efforts he viewed and
commented on the wonderful task being done.
Mr. Winch said he was a trouble-shooter for the group,
reviewing the work of five sites. He said the total number of volunteers
is 407 with 360 being youth. He said 58 sites throughout the County are
being repaired by this group. Mr. Winch spoke of the distances the youth
have traveled, saying he met youth from Wisconsin, Connecticut, North Carolina
and Maryland. Mr. Winch reported the group is already booked for 2004 and
is reviewing applications for 2005 and was brought to this county through the
efforts of Better Housing for Tompkins County. He thanked Bob Hunt and
Stacy Crawford of Better Housing for Tompkins County for their efforts.
Report from the County
Administrator
Mr. Whicher, County Administrator, reported that the search process for a new
Department of Social Services Commissioner is progressing well. He said
fifty-two applications have been received and at this time ten will be selected
to continue the review process. Mr. Whicher said these ten will be asked
to provide written responses to a variety of questions to assist in making
determinations.
Report from the County Attorney
Mr. Wood, County Attorney, did not have a report.
Report from the Finance Director
Mr. Squires, Finance Director, reported that the City of Ithaca has declined to
approve the proposed Clothing Sales Tax Exemption holiday in August.
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.
Resolution(s) Approved Under the Consent Agenda
There were no resolutions presented under the Consent Agenda.
Appointment(s) Approved Under the Consent Agenda
It was moved by Mr. Koplinka-Loehr, seconded by Ms. Kiefer, and unanimously
adopted by voice vote, to approve the following appointment(s) under the
Consent Agenda:
Planning Advisory Board
David A. Herrick - Infrastructure/Utilities
representative; term expires December 31, 2004
Andrew Zepp - Land Preservation/Public Land
representative; term expires December 31, 2005
Agriculture and Farmland
Protection Board
Jay Franklin - Assessment Director Designee; term
coterminous with tenure in office
Report and Presentation of Resolution(s) from the Communications
Capital Projects Committee
Ms. Blanchard, Chair, reported the Committee met on
June 25, 2003. She said that there was no report on the Emergency
Response Center Project as no action items were necessary, and suggested
members drive by the construction area to view how well the project is
going. Ms. Blanchard then reported that no news has been received
regarding the State-Wide Network vendor at this time. She informed
Legislators of the plan to utilize a dual-track for the communications project,
bringing forth two separate projects in order to be prepared once the State
makes a determination, or, in the event one is not made, to have a backup plan
begun. One track will be the full 800-mHz trunked radio project that
would tie in with the State-Wide Network; the other track is the improvement
and stabilization of the microwave network as well as improvements to paging.
Ms. Blanchard reported next on the Department of Transportation Relocation
Project in the Town of Dryden, saying a meeting took place where the final
draft Memorandum of Understanding was presented. She said the final draft
will be distributed to the members of the Communications Capital Projects
Committee and it is anticipated that a resolution authorizing the County
Administrator to sign the agreement will be reviewed and voted upon at 4:30
p.m. in the Courthouse Conference Room prior to the July 15, 2003 Legislative
meeting.
RESOLUTION NO. 138 -
AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER
INTO AN AMENDED AGREEMENT FOR
THE PUBLIC SAFETY
COMMUNICATION PROJECT
MOVED by Ms. Blanchard, seconded by
Ms. Robertson. Ms. Blanchard said the resolution allows the purchase of items
required to make the building operational and is being requested as the
continuation of the process from the previously approved resolution for
bonding. She also noted the request is for an amount lower than the
amount requested under the bonding approval resolution.
Mr. Proto disclosed his ownership of Motorola stock,
noting that it is not a controlling interest and offered to withdraw from the
vote if desired. There was no objection to Mr. Proto voting on the
resolution. Ms. Kiefer inquired how the figure was derived and was
informed by Mr. Whicher the refinement of specific items caused the figure to
reduce. Mr. Wood, County Attorney, indicated he anticipates the figures
to reduce further as the refinement process continues. A voice vote resulted
as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Booth and
Penniman). RESOLUTION ADOPTED.
WHEREAS, the County is proceeding to construct a new
Emergency Response Center to consolidate countywide dispatching, provide
adequate space for training and equipment maintenance, and serve as an
Emergency Operations Center, and
WHEREAS, the Center is a unique, specialized building designed to serve as the
hub for public safety communications, and
WHEREAS, the facility is not functional without
furnishings and equipment, and without access to the existing communication
system via a network link (e.g. microwave), and
WHEREAS, the County has entered into a contract with Motorola to provide for
consoles and console furniture and a microwave link into the existing
communication system, and
WHEREAS, amendments to the agreement are necessary to, among other things,
allow for the construction of a communications tower at the Emergency Response
Center and to make improvements at another existing tower site, and
WHEREAS, funds for the services included in the
amended agreement have been authorized by this Legislature, 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
Motorola for an amount not to exceed $1,565,674.00 for consoles, console
furniture, a microwave link and infrastructure improvements related to the
Center’s communication link needs. These funds shall be derived from the
Public Safety Communication System capital project (Project No. 34.12) account
No. HI3412-59239.
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Report and Presentation of Resolution(s) from the Budget and Capital
Committee
Mrs. Schuler, Member, reported that the Committee met on June 24, 2003, and
much of the work is reflected in the resolutions to be presented. She
said a discussion held regarding Off Track Betting (OTB) generated a list of
questions to be discussed at the next Committee meeting. Mrs. Schuler
then reported on the discussion and vote on the sales tax exemption holidays
resolution presented to the Committee indicating it did not pass, and noted the
concern of what the City of Ithaca and other counties may choose to do.
She said any revisit will need to come forward prior to July 16, 2003, in order
to act within the timeframe required. Mrs. Schuler then reported on the
annual audit report presented to the Committee by Mr. Patrick Jordan of
Chiaschi, Dietershagen, Mickelson, and Little. Mr. Jordan reported there
were no instances of noncompliance or internal-control weaknesses. Next
year's audit will include GASB requirements that will have to be in
place. The Committee also discussed mandate definitions and
classifications.
Mr. Lane expressed disappointment in the failure of the City and County
resolutions regarding sales tax holidays. He feels the choice should come
before the full Legislature for a vote and will bring it as an individual
member-filed resolution to the July 15 meeting. Mr. Todd said he thinks
the public should be made aware of the City's choice not to participate in the
holiday sales tax exemptions. Mr. Proto then requested an update of the
tobacco securitization corporation. Mr. Squires said that the corporation
has a small fund balance and that the corporation's Board of Directors is
seeking a way to assist the County. Mr. Joseph said the Board of
Directors worked on the 2004 Budget and that $70,000 was budgeted to Tompkins
County for use. He then explained that these funds are from the operating
expenses budget and not a part of the settlement funds.
RESOLUTION NO. 139 -
ADOPTION OF 2003-2004 OPERATING BUDGET - TOMPKINS
CORTLAND COMMUNITY COLLEGE
MOVED by Mrs. Schuler, seconded by Mr. Lane. Dr. Haynes, President of the
Community College, explained that the budget did not call for an increase in
local share. He said the reinstatement of New York State funding allows
the college to maintain the present budget. Dr. Haynes reported that the
rental aid provided by the State has been cut, which is aid for the cost of
facility rental for educational outreach. He informed the Legislature
that the modest increase in tuition, combined with the increased enrollment was
thought to be sufficient to cover any reduction in aid at this time. Dr.
Haynes then explained that the budget allows the addition for six full-time
positions as well as minor increases in specific positions for administrative
and support staff. Also increased is the equipment line to provide
adequately for classroom instruction. Mr. Totman inquired how the budget
could be determined when specific contracts have not been fully
negotiated. Dr. Haynes indicated it was done through estimates that
were felt to be adequate.
A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2
(Legislators Booth and Penniman). RESOLUTION ADOPTED.
WHEREAS, a proposed operating budget for Tompkins Cortland
Community College for the fiscal year September 1, 2003, through August 31,
2004, has been presented to the Legislature of the County of Tompkins pursuant
to County Law and Section 6306 of the Education Law, and
WHEREAS, the Legislature has conducted a public
hearing on said proposed budget on the 1st of July 2003 and heard
all persons wishing to comment, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That said proposed 2003-2004 operating budget in the amount of
$22,580,000 of which the sponsoring two communities' contribution is in the
amount of $3,431,250 be and the same hereby is approved,
RESOLVED, further, That the Legislature of Tompkins
County includes in the 2003 Tompkins County Budget an amount to be determined
pursuant to the approved plan for said College in effect as of September 1,
2003 and that the amount when determined be raised by taxation in the County of
Tompkins in the fiscal year 2004,
RESOLVED, further, That this resolution shall become
effective upon the adoption of a concurrent resolution by the Cortland County
Legislature.
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RESOLUTION NO. 140 - MODIFICATION OF THE 2002-2003
OPERATING BUDGET
TOMPKINS CORTLAND COMMUNITY COLLEGE
MOVED by Mrs. Schuler, seconded by Mr. Lane, and unanimously adopted by voice
vote. RESOLUTION ADOPTED.
WHEREAS, a proposed operating budget for Tompkins Cortland
Community College for the fiscal year September 1, 2002, through August 31,
2003, was approved by the Board of Representatives of the County of Tompkins
pursuant to County Law and Section 6306 of the Education Law on July 16, 2002,
and
WHEREAS, revenues will exceed the original budget due
to an increase in enrollment, and there is a need to utilize such funds for
operating purposes, and
WHEREAS, the total revenue and total expenditures will
be increased by $261,745 to a modified level of $20,774,345, and
WHEREAS, the local sponsor share will not be affected
by the modification, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That said proposed Modified 2002-2003 Operating Budget in the amount
of $20,774,345 of which the sponsoring communities contribution remains in the
amount of $3,431,250 be and the same hereby is approved,
RESOLVED, further, That this resolution shall become
effective upon the adoption of a concurrent resolution by the Cortland County
Legislature.
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Report from the Public
Safety Committee
Ms. Blanchard reported that the Committee met on June 19, 2003, at the Public Safety
Building with the consultants from Jacobs Facilities. At this meeting
information on inmate populations and alternatives to incarceration was
provided. The inmate populations were reviewed and a comparison was done
of new information received over the past three years since the LaBella
report. As a result of the review, the target population capacity is
anticipated to be modified. A report will be forthcoming as a result of
information discussed. Ms. Blanchard also said that a portion of the Scope
of Work that reviewed the existing conditions of the Public Safety Building is
completed should be complete and will be provided and shared with the
Legislature.
She also said that the Commission of Correction
meeting was discussed and a determination to accelerate the Jacobs Facilities
work was in order. Ms. Blanchard said it is hoped to move into Phase 2 of
the project by the first of the year. She then reported that the July 3,
2003, meeting will include a discussion of a possible amendment to the contract
with Jacobs Facilities to facilitate the acceleration. Ms. Kiefer
inquired whether the acceleration will also accelerate the funding schedule for
the project and was informed by Ms. Blanchard that it would require additional
funding. Ms. Robertson inquired about the discrepancy in figures relating
to the Felony Drug Court. Ms. Blanchard explained the original figures
were provided by a staff member and thanked Ms. Robertson on her efforts to
correct those figures. Ms. Blanchard said at the next meeting the
Committee will hear a presentation on the District Attorney's program.
Also, preliminary information will be heard on the issue that had been referred
from the Budget and Capital Committee regarding public defender and assigned
counsel costs. She then said the next meeting with Jacobs Facilities will
take place on July 24, 2003. At that time a design workshop will be held
which all Legislative members are invited to.
Mr. Whicher reported that a meeting will take place on July 3, 2003, with the
City of Ithaca to discuss centralized dispatch.
Report and Presentation of Resolution(s) from Facilities and
Infrastructure Committee
Ms. Robertson, Vice Chair, reported that the Committee met on June 24,
2003. An update of the various highway projects was provided to the
Committee. She said the $276,000 CHIPS funding that had been eliminated
was reinstated under the new State budget, but as capital funds rather than
operational. This change requires the funds to go toward projects with a
life span of ten or more years. The Committee was informed that there are
approximately fifty miles of roadway throughout the County still in need of
repair. Ms. Robertson then said information was given regarding snow
plowing operations throughout the County and the cooperation between the State,
County, and municipalities in providing snow-plowing services. She spoke
of the varied use of straight salt versus salt-sand mixtures and the State's
requirement for salt only. She reported the County uses a synthetic
compound, Ice Ban, combined with the salt. This product helps the salt to
stay on the roadway longer and also assists in melting snow and ice at lower
temperatures. Ms. Robertson then reported on the decisions made in
stop sign placement throughout the highway and the factors reviewed to make an
appropriate determination of placement. She said the Committee heard
extensive information on culvert installation. The County process is to
design the project, and once the owner purchases the culvert, to complete the
work. By proceeding in this manner the County is able to maintain their
right of way and assure the job is done in the proper manner. This past
year eighty-four culverts were completed utilizing eight and one-half weeks of
crew time. At this time the Highway Division is reviewing this process to
determine the feasibility of outsourcing this work to reduce County costs and
recover some crew time. The Committee meets next on July 8, 2003.
Ms. Kiefer wished to clarify that the County policy is to use salt, but the
County does not have a bare road policy. Ms. Kiefer felt the matter
requires further discussion and Ms. Robertson said that the Committee felt
public education on appropriate driving on snow and ice covered roads would
also be beneficial.
RESOLUTION NO. 141 –
REDUCTION OF HOURS – FACILITIES DIVISION
MAINTENANCE WORKER
MOVED by Ms. Robertson, seconded by Mr. Winch. A voice vote resulted as
follows: Ayes - 12, Noes - 1 (Legislator Herrera), Excused - 2
(Legislators Booth and Penniman). RESOLUTION ADOPTED.
WHEREAS, the Division of Facilities has gone through a
reorganization process which included the reduction of hours for the position
of Maintenance Worker from 40.0 to 35.0 hours per week, and
WHEREAS, it is the intention of the Facilities
Division to make this change permanent, now therefore be it
RESOLVED, on recommendation of the Facilities and
Infrastructure Committee, That the following position be decreased from 40.0 to
35.0 hours per week effective June 23, 2003:
Maintenance Worker – labor grade 7 (G) – blue collar
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Report and Presentation of Resolution(s) from Consumer and Community
Affairs Committee
Ms. Kiefer reported the Committee met on June 18, 2003. A presentation of
Tompkins Community Action's (TCA) Early Childhood programs was provided to the
Committee. TCA's programs include Primary School Family Support Program,
Reading is Fundamental (RIF), Family Home Library (FHL), Summer Preschool
Program, and Head Start. She said the Primary School Family Support
Program assisted sixty families this past year. Ms. Keifer said the Head
Start program that serves three to five year-old children is the largest
program and utilizes one-half of the total budget for TCA, and involves 60 of
its 128 employee. She said TCA expressed a desire to expand the program
to earlier ages but that funding does not make it possible at this time.
Ms. Kiefer reported the Dewitt Historical Society provided an update of their
present services, noting that they have reduced hours of operation this summer,
which results in reduced income. She said the collections are having to
be moved from the third floor to the first floor which is a cause for concern
as the first floor will house several food establishments, a situation that can
be detrimental to collections due to various factors associated with food
operations. Ms. Kiefer said discussion regarding the structure of the
County Historian position is continuing. The balance of the meeting was
spent in a joint meeting with Health and Human Services Committee to discuss
the public hearing resolution regarding the restricting of smoking in places of
employment, restaurants, and taverns. The next meeting of the Committee
will be on July 16, 2003.
Report and Presentation of Resolution(s) from Government Operations
Committee
Mr. Koplinka-Loehr, Chair, said the Committee has not met. He reminded
Legislators of advisory board vacancies. The Committee with the least
vacancies is Consumer and Community Affairs with one vacancy, and the most
number of vacancies is within the Public Safety Committee and is due to the
numerous advisory boards under this standing committee. Mr.
Koplinka-Loehr reported he will be scheduling a meeting of the County
Administrator performance evaluation subcommittee.
Report from Planning, Development and Environmental Quality Committee
Mr. Lane, Chair, said the Committee did not meet since the last Legislative
meeting. The next meeting is July 2, 2003.
Report and Presentation of Resolution(s) from Health and Human Services
Committee
Ms. Robertson, Chair, reported the Committee met on June 19, 2003, and heard
from a dozen agencies on the subject of housing and homelessness in Tompkins
County. At the next meeting taking place on July 2, 2003, the discussion
will continue and information from Lakeview Mental Health services and Ithaca
Housing Authority will be provided. Ms. Dill, Executive Director of the
Human Services Coalition, had reported that prior to the last meeting sixty
individuals were in County shelters, and forty-five individuals were
unsheltered and on the street. She noted usage of emergency shelters
within the County has increased steadily since 1997 and is at its highest level
since records have been kept over the past fifteen years. It was noted
that the largest factor in homelessness is affordability of housing. Ms. Robertson
said that Tompkins County has the highest rents, highest percentage of renters
and the highest cost of owner-occupied housing of anywhere west of the Hudson
Valley and the lowest vacancy rate, all of which increases rents. In
addition, Tompkins County when compared to contiguous counties has the highest
number of households earning less than ten thousand dollars, and also the
highest poverty rates. Ms. Robertson said the report previously compiled
in 1995 by Ms. Blanchard's Task Force will be reviewed so that work is not
duplicated when looking for solutions to the problems of homelessness.
RESOLUTION NO. 142 -
AUTHORIZATION TO ACCEPT WHEELS FOR WORK II
GRANT AND TO CONTRACT
WITH CREDIT UNIONS TO
UNDERWRITE NO-COST LOANS TO
QUALIFYING CLIENTS –
DEPARTMENT OF SOCIAL SERVICES
MOVED by Ms. Robertson, seconded by
Mrs. Schuler. Mr. Joseph disclosed that his wife works for the
Alternatives Federal Credit Union, one of the organizations being contracted
with. There was no objection to Mr. Joseph voting on the resolution.A
voice vote resulted as follows: Ayes -13, Noes - 0, Excused - 2
(Legislators Booth and Penniman). RESOLUTION ADOPTED.
Whereas, the Department of Social Services has been notified
by the New York State Department of Labor’s Welfare to Work Division that it
has been awarded a Wheels for Work II grant in the amount of $103,500 to cover
100 percent of the cost of underwriting no-interest credit union loans to
qualifying clients for the purchase and/or repair of a personal vehicle to
either obtain or keep a job, and
WHEREAS, such a program would provide an effective
option for addressing a crucial obstacle to self-sufficiency, and
Whereas, the Department’s previous experience with this type
of program during 2001 and 2002 using Wheels for Work I funds was very
successful, now therefore be it
Resolved, on
recommendation of the Health and Human Services Committee, That the Department
of Social Services is authorized to accept the grant and to contract with the
Alternatives Federal Credit Union and the Cornell Fingerlakes Credit Union to
issue and administer the aforementioned loans to individuals referred by the
Department between July 1, 2003 and March 31, 2005,
Resolved, further, That the Director of Finance is hereby
authorized to make the following adjustment to the 2003 budget of the
Department of Social Services:
Appropriation:
6010.54442
Purchase of Services $103,500
Revenue:
6070.54610 Federal: TANF
$103,500
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RESOLUTION
NO. 143 - AUTHORIZATION OF A PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. c of 2003 - AMENDING SECTION 72 OF
THE
TOMPKINS COUNTY CODE - TO RESTRICT SMOKING
IN
PLACES OF EMPLOYMENT, RESTAURANTS, AND TAVERNS
MOVED by Ms. Robertson, seconded by Mr. Winch. Ms. Robertson said the
resolution came before Health and Human Services Committee a month ago and most
recently to the Consumer and Community Affairs Committee. This was
considered due to the pressure being placed at the State level to soften the
State law and that although the law was not modified in the most recent State
legislative session there is a possibility that the issue could reappear in the
fall. Mr. Totman said he could not support this resolution as he feels
the State regulation is sufficient. He feels strongly that it is an
individual choice and that the legislation is inappropriate. Ms.
Blanchard also indicated she could not support the resolution at this time as
it would be redundant of State Legislation. Mr. Lane said he is
supportive of passing the resolution and the law, as there is the strong
possibility of modification at the next session of the State Legislature.
He spoke of New York City's passage of a similar law, followed by Nassau and
Westchester counties. He feels that if it were on the County's book and
the State law changed it would maintain the regulations. Ms. Herrera said she
would support the State law and in the event of legislation to soften the law
she would support a local law at that time.
Ms. Robertson indicated she wanted to respond to a
letter in the local paper regarding individual choices when seeking employment
in an establishment that allows smoking. She said that often an
individual seeking employment is only able to obtain a position in such an
establishment and may desire a smoke-free workplace. Ms. Kiefer said she
supports the resolution as it is uncertain what the State may do in the fall
session. She then addressed the public hearing aspect and said that the
law is like the State law, however she would support the addition of
"other dried vegetable matter" to the list of prohibited smoking
material. Mr. Proto said he appreciated Ms. Kiefer's comment and would respond
to the aspect of smoking and the impact of the proposed law at the time when
the issue is put to a vote. Mr. Proto then said that he feels that it is
leaving the County open to a lawsuit under Article 78 as it is an arbitrary and
capricious act upon this law and did not feel the additional expense was
warranted. He said he would not support the resolution. Mr. Lane
disagreed with Mr. Proto, stating that it is a legislative enactment and is not
arbitrary or capricious. Mr. Todd said he feels there is a certain amount
of hypocrisy in this law as the State also collects revenue from the taxes on
cigarettes.
A voice vote resulted as follows: Ayes - 7
(Legislators Joseph, Kiefer, Koplinka-Loehr, Lane, Robertson, Schuler, and
Winch), Noes - 6 (Legislators Blanchard, Herrera, McBean, Proto, Todd, and
Totman), Excused - 2 (Legislators Booth and Penniman). RESOLUTION FAILED.
WHEREAS, the County Legislature believes it will serve an important public
purpose to reaffirm State legislation implementing smoking restriction designed
to protect the health and safety of County residents, now therefore be it
RESOLVED, on recommendation of the Consumer and Community Affairs and Health
and Human Services Committees, That a public hearing be held before the
Tompkins County Legislature in the Legislative Chambers of the Tompkins County
Courthouse, 320 North Tioga Street, Ithaca, New York on July 15, 2003, at 5:30
o’clock in the evening thereof concerning proposed Local Law No. c of 2003, Amending
Section 72 of the Tompkins County Code - To Restrict Smoking in Places of
Employment, Restaurants, and Taverns. At such time and place all persons
interested in the subject matter will be heard concerning the same,
RESOLVED, further, That the Clerk of the Tompkins County Legislature is hereby
authorized and directed to place proper notice of such public hearing in the
official newspaper of the County.
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Ms. Robertson said the next meeting will take place on July 2, 2003.
Mrs. Schuler inquired about a letter to the editor appearing in the local paper
concerning the lack of public rest rooms at the Department of Motor Vehicles.
Mr. Whicher responded that the property owner has indicated that there is a
possibility of opening up a bathroom facility at the end of the building.
It would not cost any additional rental fee to do so and he will continue to
review the situation. Mr. Whicher said part of the problem may be longer
waits due to a staff shortage.
Report from Space Needs and Location Committee
Mr. Proto, Chair, said the next meeting of the
Committee is July 9, 2003, and will take place at the Old Library for a tour of
the facilities.
Approval of Minutes of June 17, 2003
It was MOVED by Mr. Proto, seconded by Mr. WInch, and unanimously adopted by
voice vote, by members present to approve the minutes of June 17, 2003 as
submitted. MINUTES APPROVED.
Adjournment
On motion the meeting adjourned at 6:59 p.m.
Respectfully
submitted by Karen Fuller, Tompkins County Legislature
Tompkins County
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