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. Excused – 2 (Legislators Robertson and Schuler)
Privilege of the Floor by the Public
No member of the public wished to speak.
Privilege of the Floor by Legislators
Ms. Blanchard, District No. 1 Legislator, announced the Tompkins Consolidated Area Transit Budget will be presented and discussed on July 12th at 4 p.m. in the Beverly Livesay Conference Room at the Human Services Building.
Mr. Lane, District No. 14 Legislator, reported he received correspondence today from Senator James Seward who informed him the Senate and Assembly had adjourned without a State Budget. Mr. Lane said the counties, school districts, towns, villages, and cities continue to struggle to develop and plan budgets and find it extremely difficult not having a State budget in place. Once again the State legislature has let everyone down on every major issue that has come before them.
Mr. Proto, District No. 7 Legislator, expressed concern with regard to the draft Comprehensive Plan. He said a month ago the Planning Department concluded its presentation to the municipalities and forwarded a survey to Legislators for comments and received very few replies; he received lots of comments from municipal officials. The Department encouraged members to respond.
Report from a Municipal Official
Maria Coles, City of Ithaca Common Council member, reported that for the first time in a long time, the Mayor and the City of Ithaca will be meeting with the County Legislators who represent the City on July 22. She said the City is in the process of selecting a new Chief of Police, and on July 8 an interview panel will meet with the three candidates. Although the public will not be able to participate in the interview, everyone is invited to attend. Ms. Coles said the City will consider a resolution supporting an empire zone for Tompkins County tomorrow at its Common Council meeting.
Chair’s Report
Mr. Joseph reported he received a letter today from the New York State Department of Taxation and Finance with regard to the sales tax holiday scheduled for August 31 thru September 6th. The letter stated counties that participated in the sales tax holiday in 2003 and wishing to offer the holiday in 2004 did not need to take any action; only counties not wanting to offer the holiday need to take action by resolution and would need to go through this Legislature this evening as the deadline to file is July 16th. No member of the Legislature wished to take action to reverse the County’s position of offering a sales tax-free week to County residents.
Report from the County Administrator
Mr. Whicher reported he received a resignation from Peter Messmer, Highway Manager, and he will be asking Ed Marx, Deputy County Administrator, to proceed with a search committee to fill the position. Mr. Whicher requested an executive session to discussion a personnel matter.
Report from the County Attorney
Mr. Wood reported the County is moving forward with the City of Ithaca on the 911 consolidation agreement; he expects the agreement to be signed by August.
Report from the Finance Director
Mr. Squires reported he has filed three financial reports for component units of Tompkins County with the Clerk of the Legislature. He stated the Public Library has experienced a deterioration in its financial position; the Tompkins County Industrial Development Agency is in relatively good shape; and the Tompkins Tobacco Corporation’s financial statements are not easily understood because the liabilities are outstanding County debts, resulting in deficit fund balance.
Mr. Squires said this Legislature previously approved an advance of S.T.O.A. (State Operating Assistance) funds to TCAT. Because of the uncertainty of the situation of what TCAT is and correspondence from the State, up until last week the authorization to advance monies has not been utilized. Mr. Squires reported TCAT was advanced $600,000 this week in anticipation of the next quarter S.T.O.A. funds, which it is believed are still due the County. Mr. Squires said until the issue of TCAT is resolved, it is unlikely further funds will be advanced.
Ms. Kiefer asked how much sales tax revenue is estimated to be lost during the upcoming sales tax holiday. Mr. Squires said it is difficult to say.
Addition of Resolution(s) to the Agenda
It was MOVED by Ms. Blanchard, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by Legislators present, to add the resolution entitled Authorizing the Negotiation of Fringe Benefits for Management Employee.
Withdrawal of Resolution(s) from the Agenda
There were no resolution(s) withdrawn from the agenda.
Approval of Resolution(s) and Appointment(s) from the Agenda
There were no resolution(s) or appointment(s) approved under the Consent Agenda.
Report from the Space Needs and Location Committee
Mr. Proto, Chairman, reported the June meeting was cancelled because the Request for Proposals had just been completed. The Committee will meet again on July 14th [later rescheduled for July 28th].
Report and Presentation of Resolution(s) from the Health and Human Services Committee
Ms. Blanchard, Member, reported the Committee met on June 23. Ms. Stein, Director of the Office for the Aging, made an extensive presentation at that meeting on the long-term care system and noted the number of individuals that are 60 years or older is expected to increase by the year 2015. She informed the Committee that there will be a major burden on services for the elderly as this number grows. Ms. Stein also reported to the Committee that there are 26 people on waiting lists for home care services; these are the services that keep people in their home rather than being placed in a nursing home. If funding for these kinds of services does not improve, the waiting list will continue to grow. Ms. Blanchard spoke of budget impacts and stated the Committee was informed by Ms. Stein that budget shortfalls will likely impact the Home Repairs Program first. At the present time the Human Services Coalition is performing its budget reviews with agencies and will be reporting back to the Committee soon.
Ms. Robertson informed the Committee at the last meeting about the different prescription plans that are being reviewed and said they would like to issue a request for proposals. The next meeting will be July 14 at 11:30 a.m.
RESOLUTION NO. 130 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY - MENTAL HEALTH
MOVED by Ms. Blanchard, seconded by Mr. Todd. A short roll call vote resulted as follows: Ayes – 13, Noes – 0, Excused – 2 (Legislators Robertson and Schuler). RESOLUTION ADOPTED.
WHEREAS, during 2003, several employees terminated their employment
with Tompkins County, and
WHEREAS, the Fiscal Policy of Tompkins County allows for reimbursement
of terminal pay through the Contingent fund, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget
and Capital Committees, that the Director of Finance is hereby authorized
and directed to make the following budget appropriation:
FROM: A1990.5440 Contingent Fund
$ 23,297.00
TO: A4311.51000599 Salary - Psychiatric Social Worker $
12,946.50
A4311.51000511 Salary - Case Aide
656.39
A4311.58800 Fringe
5,031.21
A4312.51000255 Salary - Program Director
3,403.90
A4312.58800 Fringe
1,258.00
SEQR ACTION: TYPE II-20
Report and Presentation of Resolution(s) from the Communications and Capital Projects Committee
Mr. Penniman, Chairman, reported the Committee met on June 17 and received an update on the New York State Department of Transportation Relocation project and are continuing to discuss the ownership issue. He reported the Emergency Response Center is almost ready to open with final telephone connections now being made. He expects training to begin soon and the final cutover to take place in mid-August to the new facility. Mr. Penniman reported work has been taking place on the South Hill Tower and a meeting has taken place with the Town of Ithaca.
RESOLUTION NO. 131 - BALANCING TEST ANALYSIS REGARDING CONSTRUCTION OF COMUNICATIONS TOWER AT ITHACA COLLEGE
MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne. It was MOVED by Ms. Kiefer, seconded by Mr. Booth to amend the resolution to add the following language to the third Whereas and first Resolved:
“Whereas, the County has thoroughly examined the criteria and prepared
a Balancing Test Analysis, now therefore be it
“Resolved, on recommendation of the Communications Capital Projects
Committee, That the County adopts the attached Balancing Test Analysis
and concludes that the project is not subject to local land use regulation
for reasons summarized in the attached analysis.”
Mr. Penniman said he could not accept this language as a friendly amendment because it may involve a lengthy discussion about the wording of the responses to the balancing test. He said the County Attorney has stated it is not necessary to adopt the Balancing Test, which is provided for information only.
A voice vote on the amendment resulted as follows: Ayes – 7 (Legislators Booth, Herrera, Joseph, Kiefer, Lane, Proto, and Winch); Noes – 6 (Legislators Blanchard, Koplinka-Loehr, McBean-Clairborne, Penniman, Todd, and Totman); Excused – 2 (Robertson and Schuler). MOTION FAILED.
A voice vote on the original resolution resulted as follows: Ayes – 13, Noes – 0, Excused – 2 (Legislators Robertson and Schuler). RESOLUTION ADOPTED.
WHEREAS, the County intends to construct a tower at Ithaca College
in the Town of Ithaca, and
WHEREAS, the New York State Court of Appeals in the City of Rochester
vs. County of Monroe, 72 NYS2d 338 (1988), determined that various criteria
should be considered to determine whether an action is subject to local
zoning requirements, and
WHEREAS, the County has thoroughly examined the criteria, now
therefore be it
RESOLVED, on recommendation of the Communication Capital Projects
Committee, That the project is not subject to local land use regulation
for reasons summarized in the attached analysis.
SEQR ACTION: TYPE II-20
The Balancing Test-Analysis of Criteria with respect to Construction of a Tower at ITHACA COLLEGE
_________________________________________________________________________
1. The Nature and Scope of the Instrumentality Seeking Immunity
Tompkins County, a Charter County in New York State,
has the responsibility to provide for public safety of County residents.
The project is located in the Town of Ithaca, a municipality in the County.
2. The Kind of Function of Land Use Involved
The County intends to construct a communications
tower on land owned by Ithaca College. The site is to be leased by
the County. It will replace an existing structure nearby. The project is
described at length in both the long form EAF and the Capital Project Request
form, developed by the County.
3. The Extent of Public Interest to be Served Thereby
There is a critical public interest to be served
by the facility. The facility is an essential link in the countywide
emergency communications system. This includes police, fire, ambulance
and other radios used by emergency service providers. This facility
is critical to the County’s public safety communications system and the
safety of County residents. The construcution of this tower will
eliminate the need for at least one additional tower elsewhere in the County.
4. The Effect Local Land-Use Regulations Would Have Upon the Enterprise
Concerned
The project area is zoned as medium density residential
and prohibits structures higher than 30 feet in height without a special
permit. Although the existing tower does not meet this requirement,
the proposed project would not be feasible due to the height restriction.
Local regulation also includes a telecommunication ordinance. The County
has made every possible provision to be compliant with the intent of the
ordinance. Due to other structures in the area, the fall zone for this
structure has been limited to 70 feet in order to protect the nearby adjacent
water tank in the unlikely event of failure.
5. The Impact Upon Legitimate Local Interest
The impact on legitimate local interest is positive.
The proposed improvement will provide for and improve the safety of the
citizens in the local community. Furthermore, the County can find
no overriding Town interest in governing the details of the structure.
The County itself is in the best position to judge the need, design and
utility of the facility.
6. The County’s Legislative Grant of Authority
The county is authorized to provide for the health
and safety of its citizens. Municipal Home Rule Law §10(12).
7. Alternative Location for the Facility in Less Restrictive Zoning
Areas
The County considered several alternative locations
and structures. However, this location is critical to meeting the
needs of public safety and will essentially eliminate the need for one
additional tower elsewhere in the County.
8. Alternative Methods of Providing the Needed Improvement
The County has thoroughly examined several alternative
methods of providing the needed improvement to its aging communications
system. It was only after an extremely lengthy consideration of possible
alternatives that the County decided to proceed with the chosen project.
9. The Intergovernmental Participation in Project Development and Opportunity
to be Heard
The Town of Ithaca has received detailed information
on the project as it has been developed and has made significant input
into the project.
The County coordinated meetings with Town officials to review and discuss the proposed project. The project was also outlined at a Town Planning Board meeting to receive input from the Town. The County provided site plan materials, coverage studies, alternatives analysis, and visual simulations based on the municipality’s tower ordinance and concerns expressed regarding the project. The County has facilitated discussion in open public meetings. Communication from Town officials resulted in a change to the fall zone design for the new structure.
RESOLUTION NO. 132 - AUTHORIZATION TO EXTEND CONTRACT - PUBLIC SAFETY COMMUNICATIONS SYSTEM CAPITAL PROJECT
MOVED by Mr. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by Legislators present.
WHEREAS, the County has established the Public Safety Communication
System as a capital project and the Board has formed the Communications
Capital Projects Committee to provide oversight of the project, and
WHEREAS, outside consultants and contractors are required to
complete all phases of the project which include design, research, assessments,
and other elements, as well as procurement of products, and
WHEREAS, the County established contracts to provide project
management for this project, with SSI Inc., on May 20, 2004, and
WHEREAS, the County wishes to obtain additional consulting services
from SSI related to contract negotiations and implementation, now therefore
be it
RESOLVED, on recommendation of the Communications Capital Project
Committee, That the County Administrator be authorized to extend contract
services with SSI, Inc., of Limerick, Pennsylvania, for up to $100,000
for assistance in the contract and system negotiations for the implementation
of the Public Safety Communications System, the funds for which are available
in the current capital project, (Project No. 34.12) Account No. HI3412-59239,
RESOLVED, further, That the County Administrator is hereby authorized
to extend the contract and to execute change orders of up to five (5) percent
of the contract total.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 133 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO A LEASE WITH ITHACA COLLEGE FOR TELECOMMUNICATIONS SITE
MOVED by Mr. Penniman, seconded by Mr. Booth. Mr. Proto inquired as to the length of the lease; Mr Wood said 99 years. Mr. Proto noted to date there is no luck getting Ithaca College to contribute to the TCAT system. Mr. Whicher responded that tower negotiations with Ithaca College have gone extremely well and those negotiations will lead to a revenue stream. He said the College should be commended for its generosity during the process. A voice vote resulted as follows: Ayes – 13, Noes – 0, Excused – 2 (Legislators Robertson and Schuler). RESOLUTION ADOPTED.
WHEREAS, the County has identified the need for a telecommunications
site on the campus of Ithaca College, and
WHEREAS, this site is critical to the County’s Emergency Communications
System, and
WHEREAS, the County Attorney and County Administration staff
are negotiating a lease agreement with Ithaca College, and
WHEREAS, the lease will not require the authorization of additional
funds, now therefore be it
RESOLVED, on recommendation of the Communications Capital Projects
Committee, That the County Administrator, or his designee, is hereby authorized
to enter into a lease agreement with Ithaca College, for the purpose of
building a communications tower.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 134 – TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN REGARD TO REPLACEMENT OF TOWER AT SOUTH HILL
MOVED by Mr. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by Legislators present.
WHEREAS, pursuant to the State Environmental Quality Review Act,
a long environmental assessment form and a visual assessment form were
completed to review potential environmental impacts associated with the
construction of a 180’ monopole or lattice tower at South Hill (Ithaca
College Campus), and
WHEREAS, the Tompkins County Legislature has reviewed the assessment
forms for the proposed unlisted action, now therefore be it
RESOLVED, on recommendation of the Communications Capital Projects
Committee, That the proposed action will result in no significant environmental
impacts,
RESOLVED, further, That the basis of this decision is set forth in
the declaration of non-significance as Schedule A on file with the Clerk
of the Legislature.
SEQR ACTON: Unlisted
(Long Environmental Assessment form and Visual EAF are on file in Clerk's
Office)
RESOLUTION NO. 135 - AUTHORIZATION TO ENTER INTO AN AMENDED AGREEMENT WITH MOTOROLA FOR SOUTH HILL TOWER
MOVED by Mr. Penniman, seconded by Mr. Totman. Mr. Proto disclosed he holds stock in Motorolla. A voice vote resulted as follows: Ayes – 13, Noes – 0, Excused – 2 (Legislators Robertson and Schuler). RESOLUTION ADOPTED.
WHEREAS, in response to the County’s request for proposals for the Public
Safety Wireless Communications System Motorola proposed to the County infrastructure
improvements at the South Hill site, and
WHEREAS, the County has an existing contract with Motorola to provide
services related to the Public Safety Communication Project, and
WHEREAS, the County intends to construct a monopole on South
Hill on leased property from Ithaca College, and
WHEREAS, the proposed project is an unlisted action and Resolution
No. 134 of 2004 issued a negative declaration regarding this action, and
WHEREAS, funds remaining from the implementation of Phase I will finance
this effort, therefore the authorization of additional funds is not necessary,
now therefore be it
RESOLVED, on recommendation of the Communications Capital Projects
Committee, That the County Administrator is hereby authorized to enter
into a contract amendment with Motorola for site infrastructure at the
South Hill site for an amount not to exceed $350,000,
RESOLVED, further, That the County Administrator is hereby authorized
to execute change orders of up to five (5) percent of the total amendment,
and that funds are available in Capital Account No. HI3412-59239.
SEQR ACTION: Unlisted
SEQR Negative Declaration on File with the Clerk of the Legislature
Report and Presentation of Resolution(s) from the Public Safety Committee
Ms. Blanchard, Chair, reported the Committee met prior to this meeting to take action on the resolution on the agenda and will meet on July 9th for three hours.
RESOLUTION NO. 136 – APPROPRIATION OF UNSPENT FUNDS (2003 CERTIFIED ROLLOVER) – PROVISION OF CELLULAR PHONE SERVICE – SHERIFF’S OFFICE
MOVED by Ms. Blanchard, seconded by Ms. Herrera. Ms. Blanchard said in discussing this at the Committee meeting, all Legislators recognize this is a poor substitute for having an operational and vigorous communications system. However, this resolution will provide deputies who are defending the safety of residents a means of communications in the event the current communications system is not operating. In response to questions posed by Legislators, Sheriff Meskill stated this resolution will provide 16 to 18 cellular phones for the Sheriff’s Office. There are three major providers that offer coverage in Tompkins County, none of which can provide coverage to the entire County. He believes Cingular will provide the best service that is available and his Office has experience using this company. Mr. Proto expressed concern for coverage of the southern portion of the County and also asked if a second contract could cover the southern end of the County. Mr. Meskill said it would double the cost. Mr. Meskill said his Office does not have funds for these phones being used beyond the time period being requested and would need to come before the Legislature for an additional funding request. He noted the cost for 2005 will be $18,000 which he plans to pay out of Jail Rollover monies and will bring a similar request forward in his 2005 budget proposal. Ms. Herrera stated she recognizes how important it is to provide coverage in emergency situations. A short roll call resulted as follows: Ayes – 13, Noes – 0, Excused – 2 (Legislators Robertson and Schuler). RESOLUTION ADOPTED.
WHEREAS, the County’s emergency communications system has suffered several
systems interruptions/failures over the last two months, and
WHEREAS, the Tompkins County Sheriff’s Road Patrol is critically
dependent upon a reliable communications system to discharge its duties
safely and effectively, and
WHEREAS, the proposed improvements to the communication system
will not be completed for a period of approximately two years, and
WHEREAS, the accessibility of cell phones until improvements are completed
will provide the Department with some means of communication in the event
of systems failure, now therefore be it
RESOLVED, on recommendation of the Public Safety and Budget and
Capital Committees, That the Director of Finance be authorized and directed
to make the following budget appropriation for the purchase of installation
and monthly service charges to provide cell phones for all Sheriff’s Office
vehicles:
REVENUE: 2003 General Fund Balance (Certified Rollover) $11,200
APPROPRIATION: 3113.54472 Telephone (Jail) $11,200
SEQR ACTION: TYPE II-20
RESOLUTION NO. 137 - AUTHORIZING THE NEGOTIATION OF FRINGE BENEFITS FOR MANAGEMENT EMPLOYEE
MOVED by Ms. Blanchard, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by legislators present.
WHEREAS, the Legislature recognizes that it is at times necessary
to recruit management talent, and
WHEREAS, one method of attracting experienced managers is to
enable the County Administrator to negotiate the accrual of vacation, and
WHEREAS, it would be advantageous to be able to negotiate with
the prospective candidate an accelerated schedule of vacation time accrual,
now therefore be it
RESOLVED, on recommendation of the Public Safety and Budget and
Capital Committees, That the County Administrator is authorized to negotiate
accrual of vacation time with the prospective candidate for Communications
Center Manager not to exceed the maximum rate of twenty (20) days per year.
SEQR ACTION: TYPE II-20
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Booth, Chairman, reported the Highway Division has done a significant amount of work in Ludlowville in response to some rain events and Ed Marx, Deputy County Administrator, has written a detailed report on this work. He said this may turn out to be a classic case study for looking at the impacts of land-use changes on the generation of storm water. Mr. Booth said at the last Committee meeting Cornell was present and provided a detailed report on the status of the chemical and radioactive waste at the Airport. They are in the process of establishing a permanent cap on the chemical waste facility. Both sites are operating within what they expect in terms of the test wells and monitoring and they see no indicators of problems beyond what was expected. Robert Nicholas, Airport Manager, has stated there have been no significant impact on operations at the Airport. Mr. Booth said Cornell is currently spending approximately $360,000 annually to manage the chemical site and $300,000 to manage the radioactive waste site.
Mr. Booth said the Committee had a discussion with Barbara Eckstrom, Solid Waste Manager, regarding the Solid Waste Fees charged to educational institutions (the colleges and BOCES). Ms. Eckstrom proposed that during 2004 the County not change the formula that governs the fee charge to the institutions, but to modify the formula for 2005 by using a correct solid waste tonnage figure and revising some of the administrative figures utilized in the formula. She also proposed that in 2005 the Division will look at the fee structure for educational institutions with the idea of developing a more comprehensive way of charging the institutions and altering the formula for 2006.
RESOLUTION NO. 138 - AUTHORIZATION OF A ONE-YEAR EXTENSION TO THE AGREEMENT WITH CORNELL UNIVERSITY FOR DISCOUNT PARKING AT THE ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by Legislators present.
WHEREAS, Cornell University wishes to extend its agreement for discount
parking at the Ithaca Tompkins Regional Airport, and
WHEREAS, Cornell University will guarantee the County a minimum of
$51,470.34 per year plus an accumulative increase based on the previous
year’s Consumer Price Index (CPI) from Cornell-authorized vehicles parking
in the Airport’s long-term and short-term parking lots, and
WHEREAS, in return for said minimum guarantee the County will provide
parking spaces for Cornell-authorized business travelers at seventy-five
percent of the normal pre-sales tax fee, and
WHEREAS, the Airport Task Force is in the process of studying airport
operations and preparing recommendations which are expected to be delivered
this year, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the County Administrator be authorized and directed to execute an
agreement with Cornell University for a one-year period with a County option
to continue for an additional four years commencing May 1, 2004.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 139 - APPROVAL OF EQUIPMENT SWAP WITH TOWN OF ITHACA - HIGHWAY DEPARTMENT
MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by legislators present.
WHEREAS, the Town of Ithaca has a 1995 SECA, 747F Trailer Mounted
Sewer Jet which is scheduled to be replaced this year, and a new one has
been ordered, and
WHEREAS, Tompkins County Highway Department has a 1990 Red River,
LB237 Live Bottom Trailer for sale, and
WHEREAS, Tompkins County and the Town of Ithaca are in agreement
to trade these two pieces of equipment, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That the Highway Manager be authorized to trade the County’s
1990 Red River Live Bottom Trailer for the Town’s 1995 SECA Trailer Mounted
Sewer Jet,
RESOLVED, further, That no monetary transactions are needed.
SEQR ACTION: TYPE II-20
MOVED by Mr. Booth, seconded by Mr. Lane. Mr. Totman asked whose name appears on the deed to the Airport property and Mr. Wood, County Attorney, responded “Tompkins County”. Mr. Totman said if the County owns the property, he does not understand taking $175,000 out of the Contingency Fund to give to the Airport that the new communications center will be built on. He said it would more clear to give the Airport money if the Airport needs it. Mr. Booth said it is his understanding that because the federal government has invested in the Airport, the fact that land has been dedicated to the 911 building requires the County to pay the FAA back a certain amount of money. The FAA has agreed that the County need not to pay it back to them but is permitted to pay it to the Airport fund. Mr. Booth stated it is his understanding that this is an obligation the County has to fulfill under the grant guidelines. He said it is true the Airport fund needs money and this will help the Airport; however, if the Airport didn’t need funds this action would still be taken. Mr. Totman said he feels this is not clear to the public. Mr. Winch credited the FAA for recognizing the needs of smaller airports and feels this is a win-win situation for Tompkins County.
A short roll call vote resulted as follows: Ayes – 11, Noes – 2 (Legislators Todd and Totman); Excused – 2 (Legislators Robertson and Schuler). RESOLUTION ADOPTED.
WHEREAS, a parcel of airport land was transferred to the County as a
site for the new E-911 Emergency Response Center in accordance with a Deed
of Release from the Federal Aviation Administration (FAA) dated February
14, 2003, and
WHEREAS, under Federal grant assurances,
in return for the land transfer, the County is obligated to reimburse the
FAA for the fair market value of said parcel as referenced in said Deed
of Release, and
WHEREAS, the County’s Assessment Department placed
a value on said parcel of One Hundred and Seventy Five Thousand dollars
($175,000), and
WHEREAS, the FAA has agreed and authorized that the $175,000
be transferred to the Ithaca Tompkins Regional Airport, now therefore be
it
RESOLVED, on recommendation of the Facilities and Infrastructure and
Budget and Capital Committees, That a transfer of $175,000 from the Contingent
Fund to the Airport Fund be authorized to pay for the E-911 Emergency Response
Center parcel and to ease the airport’s cash-flow problems:
From:
A1990.54400 Contingent Fund
$175,000
To:
CT5610.54400 Airport
$175,000
SEQR ACTION: TYPE II-2
____________________RESOLUTION NO. 141 - REPAYMENT TO CONTINGENT FUND - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Ms. Kiefer, seconded by Mrs. McBean-Clairborne. Mr. Booth said although this is double, he feels this resolution “cuts things too fine” at the Airport. He said the last resolution gives the Airport some flexibility and feels it would be more prudent not to pass this resolution. Mr. Penniman said he thinks this $64,000 could be appropriated during the 2005 budget; it is his understanding it would not be needed in 2004.
A voice vote resulted as follows: Ayes – 10, Noes – 3 (Legislators Booth, Proto, and Todd); Excused – 2 (Legislators Robertson and Schuler). RESOLUTION ADOPTED
WHEREAS the Ithaca Tompkins Regional Airport requested and was
granted $64,066 from the Contingent Fund be transferred to the Ithaca Tompkins
Regional Airport to cover the Airport's share of demolition of the Old
Terminal with the understanding that the Airport would reimburse the Contingent
Fund when it had funds available, and
WHEREAS, with the transfer to the Ithaca Tompkins Regional Airport
of $175,000 reflecting repayment of Federal Aviation Administration monies
for use of County Airport land for new Emergency Response Center the airport
now has funds to repay the Contingency Fund, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That a transfer of $64,066 from the Airport Fund to the contingent
fund be authorized.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 142 - AMENDMENT TO THE 2004-2008 CAPITAL PROGRAM – TRANSIENT RAMP REHABILITATION – ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Mr. Winch. Ms. Herrera said she will not support this resolution because the fifth Whereas articulates that this increase will be paid for by incorporating it into airline rates and charges. A roll call vote resulted as follows: Ayes – 12, Noes – 1 (Legislator Herrera); Excused – 2 (Legislators Robertson and Schuler). RESOLUTION ADOPTED.
WHEREAS, the County of Tompkins has an approved Capital Project in the
2004 – 2008 Capital Program in the amount of $1,420,000 for rehabilitation
of the Airport’s Transient Ramp, and
WHEREAS, the project has been revised to include the necessary rehabilitation
of the paved area between the County T-Hangars, and
WHEREAS, completion of this additional work will increase the project
cost by an estimated $80,000, and
WHEREAS, by using Federal Airport Improvement Program (AIP) funding
for said rehabilitation of the central portion of the paved area
that is AIP funding eligible, the Airport will be reimbursed an estimated
$39,000, and
WHEREAS, the Airport’s local share of this project will increase from
$35,500 to $76,500 and said increase will be paid for by incorporating
it into the airline rates and charges, and
WHEREAS, the revised funding sources are as follows:
Original Project
Revised Project
FAA
$ 1,349,000
$ 1,387,000
NYSDOT
$ 35,500
$ 36,500
Local (Airline Rates & Charges)
$ 35,500
$ 76,500
Total $ 1,420,000 $ 1,500,000
now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure and
Budget and Capital Committees, That the 2004-2008 Capital Program be amended
to incorporate this change in project scope and estimated cost increase,
RESOLVED, further, That the Finance Director be authorized to advance
funds in connection with this project until reimbursement is received from
the FAA, NYSDOT and the Airlines.
SEQR ACTION: TYPE II-20
Report from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, reported the Committee will meet tomorrow and will look at the preliminary budget for the Convention and Visitors Bureau and Room Tax. The Committee will also receive a report from the Planning Department.
Ms. Herrera reported on the job-creation report that was distributed last week at the I.D.A. (Industrial Development Agency). The report addressed 19 properties and 27 projects and how much of the IDA’s goal had been achieved. She noted there were some outstanding successes and some failures, however, overall 74 percent of the goal has been achieved. The IDA has suggested contracting with Workforce Development for an interpretation of the data. Ms. Kiefer asked within what period of time employers are expected to reach their projected new employment figures. Mr. Lane said it varies, but they should reach those figures during the abatement period. Ms. Kiefer asked that that information be included when the document is reprinted. Mr. Proto would also like information on the value of abatements and the total number of projects.
Report from the Consumer and Community Affairs Committee
Ms. Kiefer, Chair, reported the Committee has met twice since the last Legislature meeting. On June 30 the Committee met at the County Clerk’s Office and reviewed information being considered for placement on the Internet. She said Committee members have expressed concerns for privacy and have asked the County Clerk, in conjunction with Information Technology Services, to produce a proposal that would satisfy these concerns. She noted two tiers of information availability on the internet was previously discussed and decided-upon with regard to assessment information. Ms. Kiefer said the Committee heard from departments and agencies on July 1 about their preliminary concerns with regard to the 2005 budget as well as any policy issues that need to be addressed. Ms. Kiefer said the Committee heard from the Board of Elections with regard to a SARA (State Records and Archives Administration) grant they want to pursue but recognize they would be in competition with other departments for this grant money. That Department also informed the Committee that they may need additional staff to comply with HAVA (Help America Vote Act) requirements. Cooperative Extension shared some of the new directions they are going in dealing with forestry and energy and also most recently, worker retention. They have been contemplating filling what they see as a need for training, supervisory skills, and stress management. She said with no New York State budget in place, Cooperative Extension has many unknowns in its budgets, but has been informed of a retrocactive charge since Cooperative Extension Statewide has depleted its funds.
Ms. Kiefer reported the Finger Lakes Library System is moving to a new data management system since Dynix is no longer supported, which raises a policy question for Tompkins County, as we originally paid to make sure the rural libraries connected to Dynix; will that principle apply to a new system? The Tompkins County Public Library informed the Committee of their financial stress and reported they cannot retain quality librarians because they have had to reduce hours. The Newfield Public Library is considering revising its charter to reflect its true service area and has learned they cannot amend their charter but could re-charter and have overlapping service areas.
Mr. Proto called attention to the Universal Fee Charge that appears on telephone bills and stated in July a new .99 fee appears on bills.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on June 22. He called attention to draft number two of the Expanded Budget Committee calendar and urged Legislators to submit comments. He also reported there is $140,000 in the 2004 Highway budget that is associated with the Motor Vehicle Use Fee. Since that Fee was not implemented until recently, the County will not receive a full year’s amount of revenue from that. Mr. Koplinka-Loehr reported the Committee approved requests to fill vacancies and reviewed the report of the Community Advisory Panel in detail. He announced the public forum on the Tompkins County Budget will take place on September 13th at Boynton Middle School.
RESOLUTION NO. 143 - AUTHORIZATION FOR PUBLIC HEARING - TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING BUDGET – 2004-2005
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote by legislators present.
WHEREAS, Tompkins Cortland Community College is a joint enterprise
of Tompkins County and Cortland County whose budgets must be acted on by
each county, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That
a public hearing be held on July 20, 2004, at 5:30 o'clock in the evening
thereof in the Legislature’s Chambers of the Tompkins County Courthouse,
320 North Tioga Street, Ithaca, New York, concerning the 2004-2005 operating
budget request for Tompkins Cortland Community College. 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 Legislature be and hereby
is directed to place such notice of public hearing in the official newspaper
of Tompkins County.
SEQR ACTION: TYPE II-20
Report from the Government Operations Committee
Mr. Lane, Chairman, reported the Committee has met twice since the last Legislature meeting. He said a field trip is being planned for July 16 to Chautauqua County to discuss the County Executive issue and invited all Legislators to attend. Mr. Squires reported to the Committee that all properties sold at the foreclosure auction and all taxes, including back taxes have been paid. Mr. Squires also brought to the Committee’s attention a problem that is occurring with town and County taxes. Mr. Lane said New York State has an archaic system of collecting taxes which requires counties and towns to work together in a way that is very complicated. A county imposes the tax which is also issued on the same bill as the town tax. It then goes to the towns and cities for collections and must be returned to the county for collection by June 1 or when the warrant amount for the town taxes is paid. He said towns are not properly returning taxes once they have made their warrant and are holding onto the money for a longer period of time. He said this means the county does not receive the funds in time to invest and earn interest on. He said the Committee discussed restoring the return date to one month earlier, and also moving to a different way of collecting taxes and this issue will be discussed with local municipal officials.
Mr. Lane said the Assessment Department was present at the meeting and discussed staffing levels that are required to conduct annual assessment and they will be coming forward with a request for additional staffing at an upcoming meeting. Mr. Lane said he hopes any legislator who voted in support of annual reassessment would also support the additional staffing request. Mr. Penniman stated at the time the reassessment was made by this legislative body he was under the assumption that additional staffing needs would be covered by the State budget. Mr. Lane noted that as of this date a State budget has not been adopted. The Committee also reviewed anti-discrimination language contained in County contracts with Jackie Kippola, Contracts Coordinator. The Committee also met on June 29 to review the Code of Ethics and the Financial Disclosure Form.
Approval of Minutes of June 15, 2004
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Todd, and unanimously adopted by voice vote by legislators present, to approve the minutes of June 15, 2004 as submitted. MINUTES APPROVED.
Recess
Chair Joseph declared recess from 7:08 p.m. to 7:14 p.m.
Executive Session
It was MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by Legislators present, to enter into executive session at 7:14 p.m. to discuss a personnel matter. The meeting returned to open session at 7:55 p.m.
Adjournment
On motion the meeting adjourned at 7:55 p.m.
Respectfully submitted by Michelle Pottorff, Legislature Office