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 Herrera and Koplinka-Loehr).
Privilege of the Floor by the Public
Carol Arsenault, Vice President of the Tompkins County Chapter of the Empire State Restaurant and Tavern Association, spoke concerning the New York State Clean Indoor Air Law. She stated Tompkins County is currently considering adopting a local law similar or identical to the New York State Law and feels this would be redundant. Ms. Arsenault said she is in disagreement with the new Legislation and with the County adopting a law of its own.
Kenny Christianson, Chairman of the Environmental Management Council's Energy Committee, spoke to the Board in support of the Local Action Plan. He said the Plan is intended to reduce Greenhouse Gas Emissions for County government operations and urged Legislators to vote in support of it. Mr. Christianson said at the present time interest rates are very low and this may be a good time to think about phase II projects for energy reductions.
Presentation of Distinguished Youth Award
Mrs. Schuler, District No. 4 Legislator, presented Jeffrey Wayno, Ithaca High School Senior, with the Tompkins County Distinguished Youth Award. Mrs. Schuler spoke of Mr. Wayno’s contributions to the community and to the school and stated he provides a wonderful example of the things energetic young people can do.
Privilege of the Floor by Board Members
Mr. Proto, District No. 7 Legislator, thanked everyone who attended the budget presentation for TCAT (Tompkins Consolidated Area Transit) held last week. He said all budget information has been disseminated and asked that any questions be directed to Legislator Blanchard or himself.
Ms. Blanchard, District No. 1 Legislator, said she recently attended an interesting and informative presentation on the regional wastewater treatment project. She said discussions will take place in the coming months between the City of Ithaca, Towns of Ithaca and Dryden, and the Village and Town of Lansing. Ms. Blanchard said this is a very big and important part of economic development and she will distribute additional information to the full Legislature.
Ms. Blanchard also reported that she and Mr. Totman serve on the Soil and Water Conservation District. This week the District learned Tompkins County will receive a $100,000 grant for the natural stream design project that will occur in Speedsville. She said this is the biggest grant awarded through the Chesapeake Small Watersheds program in New York State.
Ms. Robertson, District No. 13 Legislator, spoke in regard to the Recreation Partnership discussion that was to take place on July 17 by the Health and Human Services Committee. She said that discussion has been rescheduled to take place on August 6 at 11:30 a.m.
Mrs. Schuler, District No. 4 Legislator, reported that she has distributed information to all Legislators on the West Nile Virus.
Mr. Proto, District No. 7 Legislator, thanked everyone who participated in the American Cancer Society’s Relay for Life that was recently held. He said the event raised approximately $200,000.
Chair’s Report
Mr. Joseph spoke of two pieces of pending legislation in Albany. He stated NYSAC (New York State Association of Counties) has asked counties to express opposition to both. The first provides for binding arbitration for deputy sheriffs and corrections officers which this Board has already expressed opposition to. The other is legislation relates to providing a 20-year retirement plan for corrections officers that is similar to the deputy sheriffs. He said he would write a letter stating Tompkins County’s opposition to this action if this Legislature was in agreement with doing that. He stated NYSAC is arguing that the State now has 75 different pension plans and this one would be optional and could complicate the hiring process when counties have different plans. The Legislature did not oppose Mr. Joseph writing a letter expressing Tompkins County’s opposition to both of these legislative bills.
Mr. Joseph reported he will be going to Albany tomorrow with the County Administrator and Judge Marjorie Olds to meet with representatives of the State Parole system to discuss establishing a parole re-entry program in Tompkins County and obtaining State funding for that.
Chair’s Appointment(s)
Mr. Joseph made the following appointments:
Susan Cook as Chair of the Criminal Justice Advisory/Alternatives
to Incarceration Board
Sue Robinson as Vice Chair of the Criminal Justice Advisory/Alternatives
to Incarceration Board
Report from the County Administrator
Mr. Whicher reported County Administration has started to tally budget requests from departments and they are very alarming. He stressed that 2004 will be an extremely difficult budget year because of increased mandate costs and the fact that many departments have run out of rollover funds.
Report from the County Attorney
Mr. Wilson had no report.
Report from the Finance Director
Mr. Squires reported on preliminary second-quarter sales tax figures and said they are higher than last year, which reverses the trend that was occurring. He noted the County took in $1 million more than in June of 2002. He said the quarterly distribution for 2003 was $8.5 million for the second quarter, compared to $8.3 million for last year. This is good news and should bring the County back on target for the budget.
Addition of Resolution(s) to the Agenda
On motion of the appropriate committee chair, and duly seconded and unanimously adopted by voice vote by members present, the following resolution was added to the agenda:
A Resolution Authorizing the Issuance of $800,000 Serial Bonds of the County of Tompkins, New York, to Pay the Cost of the Planning and Design of Improvement and Expansion of the County's Public Safety Building, in and for Said County
Withdrawal of Resolution(s) from the Agenda
Chair Joseph gave the appropriate committee chairs permission to withdraw the following resolution(s) from the agenda:
Revision of Administrative Manual Policy 01-33 - SEQR Policy
Adoption of Revised Rules of the Tompkins County Legislature
Approval of Resolution(s) and Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 144 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 7 WITH C&S ENGINEERS, INC., FOR DESIGN AND ADMINISTRATIVE SERVICES IN CONNECTION WITH THE AIR RESCUE AND FIRE FIGHTING (ARFF) (CFR) BUILDING DOOR MODIFICATIONS AND AIRFIELD LIGHTING EQUIPMENT RELOCATION - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the dimensions of the Airport Rescue and Fire Fighting
(ARFF) vehicles currently being manufactured have rendered the door widths
of the Air Rescue and Fire Fighting (CFR) Building too narrow, and
WHEREAS, the airfield's electrical system, including its standby
generator, needs to be upgraded and moved into the space allocated for
it in the recent ARFF (CFR) Building Expansion, and
WHEREAS, there is a need for design and administration services
in relation to these projects, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That Supplemental Consultant Agreement No. 7 to our contract
for General Airport Consultant Services with C&S Engineer, Inc., for
design and administration services in the amount of $39,626 be approved,
RESOLVED, further, That the budget for said design and administration
services is as follows:
FAA Share (90%) $35,663
State Share (5%) $ 1,981
Local Share (Airline Rates and Charges) (5%) $ 1,982
TOTAL $39,626
RESOLVED, further, That the local share shall be derived from
the airport budget and that the Finance Director is authorized to advance
payments for this work until reimbursement is received from the Federal
Aviation Administration and New York State Department of Transportation.
SEQR ACTION: TYPE II-2
Appointment(s)
It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:
Agriculture and Farmland Protection Board
Monika Roth - Agri-Business representative; term expires December 31,
2006
Environmental Management Council
Ashley M. Miller - Seat #3 At-large; term expires December 31, 2003
Planning Advisory Board
Thomas E. Gerow - At-large representative; term expires December 31,
2005
Soil and Water Conservation District
Barbara Blanchard - County Legislature representative; term expires
December 31, 2003
George Totman - County Legislature representative; term expires December
31, 2003
Community Mental Health Services Board Substance Abuse Subcommittee
Nancy Zahler - Community Member; term expires December 31, 2004
Advisory Board on Indigent Representation
Olan Mack - At-large representative; term expires December 31, 2005
Hillview Road Landfill Citizen's Advisory Committee
Brian Eden - At-large representative; term expires December 31, 2004
Reconsideration of Resolution
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
It was MOVED by Mr. Penniman, seconded by Mrs. Schuler, to reconsider this Resolution. Mr. Proto challenged the motion to reconsider, stating what qualifies for reconsideration based on his interpretation of the Rules of the Board. Mr. Proto read the Rules of the Board Rule II – “No member shall be deemed necessarily absent unless prior to such absence she or he shall have been excused by the Chair. The Chair shall decide as to the sufficiency of the excuse, except that absence by reasons of performance of official duty for the County or any other official duty shall at all times be deemed a sufficient cause.” Mr. Proto referred to Mr. Penniman’s absence from the last meeting and stated unless the Chair officially excused him from the meeting, the motion to reconsider is inappropriate.
Mr. Joseph said any time the roll is called and the Clerk announces that someone has asked to be excused, he has already approved the request to be excused. Mr. Joseph said Mr. Penniman was excused from the last meeting because of illness and he believes that is an acceptable reason to be excused. As Chair, Mr. Joseph ruled the motion to be in order; however, he acknowledged Mr. Proto’s right to challenge the ruling of the Chair.
Mr. Proto challenged the ruling of the Chair. Mr. Wilson, Assistant County Attorney, stated he does not believe this is an inappropriate ruling of the Chair. He said it is acceptable for the Chair to exercise his discretion in deciding the sufficiency of the excuse. Mr. Wilson said it is his opinion that the motion to reconsider by Mr. Penniman is valid.
A roll call vote on whether the ruling of the Chair should be sustained resulted as follows: Ayes – 9 (Legislators Blanchard, Booth, Kiefer, Lane, McBean, Penniman, Robertson, Schuler, and Winch); Noes – 3 (Legislators Proto, Todd, and Totman). The Chair of the Legislature does not vote. Excused – 2 (Legislators Herrera and Koplinka-Loehr). THE RULING OF THE CHAIR WAS SUSTAINED.
A voice vote on the motion to reconsider resulted as follows: Ayes – 11, Noes – 2 (Legislators Proto and McBean); Excused – 2 (Herrera and Koplinka-Loehr). MOTION CARRIED.
Mr. Lane stated he supports this Local Law and feels it should move forward to the public hearing stage so that members of the public can have the opportunity to speak in regard to smoking in the workplace.
Mr. Totman said he does not see a need for Tompkins County to pass a law that is redundant of the State Law. He said this is dictating what residents of this County can and cannot do and does not believe that is what he was elected to do.
Ms. Kiefer said she agrees that this may seem superfluous, however, she finds the State Legislature unpredictable to such an extent that she feels Mr. Lane’s motion should be supported.
Ms. Robertson said she supports this because of the public health value and as a measure of fairness to employees. She stated in terms of the redundancy issue, she feels this will communicate Tompkins County’s feelings and send a strong message to the State that we would like the State Law to stand. She noted this resolution only allows a public hearing to be held.
Mr. Proto said when this was discussed at the last meeting he stated he would reserve his comments until the actual Local Law is presented; however, he feels this is an unnecessary expense to the County.
A voice vote on the resolution resulted as follows: Ayes – 8 (Legislators Booth, Joseph, Kiefer, Lane, Penniman, Robertson, Schuler, and Winch); Noes – 5 (Legislators Blanchard, McBean, Proto, Todd, and Totman); Excused – 2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED.
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
August 5, 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.
SEQR ACTION: TYPE II-20
Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee
Mr. Lane, Chairman, reported the Committee met on July 2 and heard from Leni Hochman and Bill Myers of the Alternatives Federal Credit Union about the efforts by that organization to look at living-wage issues. Mr. Lane said they are looking at the possibility of some type of action by the Committee with respect to this issue. He said the Committee reviewed the Greenhouse Gas Emission Report, and said this will come before the Legislature at a future meeting. The Planning Department presented its annual report to the Committee for discussion and there was discussion about the possibility of reconfiguration of the Department to include the STOP-DWI program. Mr. Lane said the Committee also spoke with representatives of the Agricultural and Farmland Protection Board about that board and some of the work it does. There will be continued a discussion of the Board’s operating procedures and converting them into standard bylaws.
Mr. Proto asked if the Planning, Development and Environmental Quality Committee would be inviting any other organization to discuss the living-wage issue. He expressed concern that there needs to be a broader look taken at the issue and asked that Mr. Lane consider contacting NYSAC.
RESOLUTION NO. 145 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 146 OF 2003
MOVED by Mr. Lane, seconded by Mr. Penniman. Mr. Proto raised a question in regard to the economic impact and whether or not it is part of the SEQR (State Environmental Quality Review) review. Ms. Kiefer said the environmental assessment form contains no specific question about economic impact other than Part II's growth-indexing impacts question. Mr. Booth said typically when an environmental impact statement is done where a negative declaration is not adopted, the EIS is supposed to look at economic considerations. He said this takes place only when the process moves over the threshold of doing an environmental impact statement.
A voice vote resulted as follows: Ayes - 13, Noes - 0; Excused - 2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, in Resolution No. 146 of 2003 the County adopts a Local
Action Plan to reduce greenhouse gas emissions for County government operations,
and
WHEREAS, the Tompkins County Legislature has reviewed and accepted
as adequate an Environmental Assessment Form with respect to that action,
now therefore be it
RESOLVED, on recommendation of the Planning, Development and
Environmental Quality Committee, That Resolution No. 146 of 2003 is an
unlisted action,
RESOLVED, further, That the Tompkins County Legislature hereby
makes a negative declaration of environmental significance in regard to
Resolution No. 146 of 2003.
SEQR ACTION: Unlisted
(Short Environmental Assessment form is on file in Clerk's Office)
RESOLUTION NO. 146 - ADOPTION OF THE LOCAL ACTION PLAN TO REDUCE
GREENHOUSE GAS EMISSIONS FOR COUNTY GOVERNMENT
OPERATIONS
MOVED by Mr. Lane, seconded by Ms. McBean. Mr. Totman expressed opposition to investing any funds for this purpose at a difficult budget time. Mr. Lane said this is a plan to get away from facilities costs and something the County has wanted to do for a very long time. He said that often when there are budget cuts the Facilities Division suffers greatly. He said they always have to put off energy-saving programs and results in the County paying more money each year. Mr. Lane said this is a plan to start to get away from that. Mr. Booth said it is not unreasonable to assume the County could save ten percent of its $1 million energy cost for County buildings on an annual basis.
Ms. Blanchard asked that the Public Works divisions and the Sheriff’s Department be involved in whatever vehicle management plans are developed as a result of this. She said the TCAT buses are very efficient now and cut down on emissions greatly and will achieve emission reduction several years before it is required by the federal government. She asked if those reductions would be applied to these goals? Ms. Kiefer said this is a plan for County government operations only and TCAT is not a part of County government but a separate entity. However, the next phase will include the County as a whole and at that point TCAT would be included.
Mr. Proto said he thinks it would be appropriate to incorporate these items into the overall look at space that is being discussed by the Space Needs and Location Committee. Mr. Proto said he does not think the County needs a plan like this to implement the proposal because the County could apply for NYSERDA grants if they are needed in certain instances. The further concern he has is that this is a brand new program with a cost associated to it, even if the cost benefit may outweigh it. He doesn’t think the full benefit of the solar panels at the Public Library as it relates to cost or economic benefit or environmental impact has yet been identified as it relates to cost. Mr. Proto referred to Mr. Christianson’s comment earlier in the meeting about bond rates being low and if the County is going to proceed with this it should be evaluated as it relates to other County department’s needs.
Mr. Winch said he has been involved with the Facilities Division in excess of 15 years and all of the County’s projects during his tenure to improve County facilities have looked at saving energy costs. He said this and previous efforts do reduce utility costs and emissions.
It was MOVED by Ms. Blanchard, seconded by Mr. Booth, to change the word “adopt” to “accept” in the first Resolved. At the request of Ms. Kiefer, Mrs. Covert, Clerk of the Legislature, read the definitions of “accept” and “adopt”.
A voice vote on the amendment resulted as follows: Ayes – 6 (Legislators Blanchard, Booth, Proto, Robertson, Todd, and Totman); Noes – 7 (Legislators Joseph, Lane, Kiefer, McBean, Penniman, Schuler, and Winch); Excused – 2 (Legislators Herrera and Koplinka-Loehr). MOTION FAILED.
A voice vote on the resolution as resulted as follows: Ayes - 10, Noes – 3 (Legislator Proto, Todd, and Totman); Excused - 2 (Legislators Herrera and Koplinka-Loehr). (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, local government actions taken to reduce greenhouse gas
emissions and increase energy efficiency provide multiple local benefits
by decreasing air pollution, reducing energy expenditures and saving money
for county government, its businesses and its citizens; and
WHEREAS, on April 4, 2001, Tompkins County adopted Resolution
No. 69 to participate in the Cities for Climate Protection (CCP) Campaign,
a project of the International Council on Local Environmental Initiatives
(ICLEI), and
WHEREAS, the CCP Campaign is a voluntary program for municipal governments
to identify sources of greenhouse gas emissions within their jurisdictions,
identify opportunities and implement a proactive approach to combating
global warming at the local level by working through five milestones:
1. Conduct a local emissions inventory and forecast of greenhouse
gas emissions,
2. Adopt an emissions reduction target,
3. Draft a Local Action Plan to achieve the target,
4. Implement the action plan,
5. Evaluate and report on progress, and
WHEREAS, in September 2001, Tompkins County reached Milestone 1 of the
CCP Campaign by completing a county-wide inventory of greenhouse gas emissions
for the base year of 1998, that includes separate information on county
government contributions, known as The Tompkins County Greenhouse Gas Emissions
Inventory Report, and
WHEREAS, in August 2002, Tompkins County reached Milestone 2 of the
CCP Campaign by adopting the following reduction target: Tompkins County
will, by 2008, reduce its emissions of greenhouse gases generated by county
operations by 20 percent compared to the base year of 1998, and
WHEREAS, in August 2002, Tompkins County pledged to develop a local
action plan to achieve the emissions reduction target, and
WHEREAS, this initiative by Tompkins County Government will be used
as an example for community-wide efforts to reduce greenhouse gases as
part of the next steps we are committed to take, and
WHEREAS, on June 11, 2003, the Environmental Management Council unanimously
adopted a resolution recommending that the Tompkins County Legislature
adopt the Local Action Plan to Reduce Greenhouse Gas Emissions for
County Government Operations (2003), now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality Committee, That the Tompkins County Legislature does hereby adopt
the Local Action Plan to Reduce Greenhouse Gas Emissions for County Government
Operations,
RESOLVED, further, That the Tompkins County Legislature direct the
County Administrator to advance the county government strategies as outlined
in the Local Action Plan to Reduce Greenhouse Gas Emissions for County
Government Operations,
RESOLVED, further, That the Tompkins County Legislature consider devoting
any cost savings towards implementing further energy efficiency measures.
SEQR ACTION: Unlisted
(Short Environmental Assessment Form is on file in the Clerk's Office)
RESOLUTION NO. 147 - APPROVAL OF CONTRACT WITH TOMPKINS COUNTY AREA DEVELOPMENT FOR TOURISM CAPITAL GRANTS PROGRAM AND APPROPRIATION FROM THE ROOM TAX FUND BALANCE
MOVED by Mr. Lane, seconded by Ms. McBean. A short roll call vote resulted as follows: Ayes – 13, Noes – 0, Excused – 2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, the County has provided funding for tourism entirely
from the Room Occupancy Tax account, and the County Legislature appoints
members to the Strategic Tourism Planning Board (STPB) to make recommendations
concerning expenditures from that account, and
WHEREAS, the Tompkins County Legislature approved an increase
in the Room Tax in 2001 to support the development of tourism products
and attractions, among other objectives, including the funding of feasibility
studies, seed money or funding for tourism capital projects, and
WHEREAS, the Strategic Tourism Planning Board (STPB) also recognizes
the need to encourage the development of tourism products and attractions
through the Tourism Capital Projects Grant Program, in order to increase
the tourism business in the County and to increase the income from the
Room Occupancy tax, and
WHEREAS, the STPB has recommended that Tompkins County Area
Development (TCAD) administer the Tourism Capital Projects Grants process,
and that the Planning, Development and Environmental Quality Committee
has approved such recommendation at a previous meeting, and
WHEREAS, STPB will be responsible for recommending grants from
this Program to the Planning, Development and Environmental Quality Committee,
and TCAD will administer the application process, will review and analyze
the feasibility and economic impact of a project, and will provide oversight
for each project, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and
Environmental Quality and Budget and Capital Committees, That $70,000 be
appropriated from the Room Occupancy Fund Balance and added to the existing
$20,000 budgeted in the Tourism Budget for the Capital Grants Program,
RESOLVED, further, That the County Administrator or his designee is
authorized to sign any related agreements with TCAD pertaining to this
program,
RESOLVED, further, That, of the total program amount of $90,000, $9,000
(10 percent of program expenditures) shall be paid to TCAD for administrative
evaluation and oversight services,
RESOLVED, further, That the Planning, Development and Environmental
Quality Committee or its successor is authorized to recommend expenditures
be made from this Program Account, with the understanding that such expenditures
shall be subject to the approval by the Tompkins County Legislature,
RESOLVED, further, That the Director of Finance be authorized
and directed to make the following appropriation from the Room Tax Reserve:
From: 0980.0000 Room Tax Reserve Fund Balance
$70,000
To: 6475.54400 Program Expense
$70,000
SEQR ACTION: TYPE II-20
Report from the Public Safety Committee
Ms. Blanchard, Chair, reported the Committee met on July 3 and heard a presentation from the District Attorney. Mr. Dentes, explained the responsibilities of his office by walking the Committee through an actual case from the time the first police officer became involved through the appeal process following conviction. Robert Stolp, Assigned Council Coordinator, spoke to the Committee about a question that came up in the Budget and Capital Committee in regard to exploration of a public- defender’s office. She said a survey is being conducted of other counties to obtain information and will be asking the NYSAC committee responsible for public safety to look at this issue as well. Also at that meeting, Mr. Shurtleff, Director of Emergency Response, asked and was granted approval by the Committee to apply for a $43,000 grant for a series of elements that will be connected with the County’s Fire and Mutual Aid Plan. Ms. Blanchard said the Committee also heard a preliminary report on opening the Community Justice Center to certain categories of parolees.
Ms. Blanchard announced the architectural design workshop for the Public Safety Building will be held on July 31 at noon at the Beverly Livesay Conference Room.
Ms. Blanchard requested an executive session to discuss contract negotiations.
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Booth, Chairman, reported the Committee met and discussed the annual reports for the Facilities and Highway divisions. Mr. Booth said last week a number of staff and legislators went on a tour of County road projects and learned about several aspects of the process that takes place. He stated it is evident that the County is behind on some maintenance projects and that the backlog is expanding because of budget and personnel shortages. He said information that explains the life cycle of road maintenance will be presented to the full Legislature.
RESOLUTION NO. 148 - BUDGET ADJUSTMENT – VARIOUS DEPARTMENTS
MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present.
RESOLVED, on recommendation of the Facilities and Infrastructure and Public Safety Committees, That the Director of Finance be directed to make the following budget adjustments on his books:
FACILITIES AND INFRASTRUCTURE COMMITTEE
Solid Waste Division (#26)
Revenue Acct
Title
Amt Approp Acct
Title(s) ---------_
CL8169.43989 Other Home/Community Services $42,000
CL8163.54358 Recyclables
CL8169.43989 Other Home/Community Services $
500 CL8163.52206 Computer
Equipment
CL8169.43989 Other Home/Community Services $10,000
CL8164.54442 Professional Services
Explanation: Additional funds needed to fund purchase of recyclable
materials. Additional funds needed to purchase computer for Recycling
Supervisor. Additional funds needed to pay Superior monthly curbside
pickup payment.
PUBLIC SAFETY COMMITTEE
Probation (#27)
Revenue Acct
Title
Amt Approp Acct
Title(s) ---------_
3989.42705 Gifts and Donations
$ 5,000 3989.54491
Sub-Contracts
3989.42705 Gifts and Donations
$ 1,763 3989.54333
Education and
Promotion
3989.42705 Gifts and Donations
$ 2,000 3989.54412
Travel/Training
3989.42705 Gifts and Donations
$ 1,719 3989.54470
Building Repairs
Explanation: Appropriation of remaining drug courts grant funds.
Emergency Response (#29)
Revenue Acct
Title
Amt Approp Acct
Title(s) ---------_
3410.43389 Other Public Safety
$ 9,000 3410.54412
Training
Explanation: Training development and exercises for Hazardous
Materials Team.
SEQR ACTION TYPE II-20
Report from the Consumer and Community Affairs Committee
Ms. Kiefer, Chair, reported the Committee has not met since the last meeting of the Legislature. The next meeting will be July 16 at 2:30 p.m. At that time the Committee will talk with the Director of Weights and Measures about the 2002 annual report and will speak to the Board of Elections about the Help America Vote Act.
Report from the Government Operations Committee
Ms. McBean, Vice Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be August 14 at 2 p.m., with likely discussion of the Rules of the Tompkins County Legislature and Committees.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Penniman, Chair, reported the Committee met last week and other than the resolutions on the agenda, the Committee’s main item was discussion of Off-Track Betting (OTB). Don Groth, President of OTB in the Catskill Region, made an interesting presentation on OTB operations and how successful they have been. Mr. Groth claimed to have one of the most efficient OTB operations in the nation. Mr. Penniman said the receipts from OTB range from $200,000 in Tioga County to $1.1 million in Broome County.
Mr. Penniman reported at the next meeting the Committee will begin looking at preliminary 2004 budget figures and will hear from the Department of Social Services about significant increases in State- mandated services. He said another a topic that will be discussed at the next meeting is whether or not to release departmental budget requests to the Legislature prior to the County Administrator’s recommendation being completed. Ms. Kiefer said she found it useful last year to have budget information earlier rather than waiting until after the County Administrator’s recommendation is completed.
RESOLUTION NO. 149 - AMENDMENT TO THE 2003-2007 CAPITAL PROGRAM AND CONTRACT AMENDMENT - PUBLIC SAFETY BUILDING RENOVATION
MOVED by Mr. Penniman, seconded by Mr. Booth. Ms. Robertson clarified a point that was made in the explanation the Committee was presented with: “The County will not move forward with construction until an agreed-upon plan is approved by the Legislature.” She said this is one step and does not mean the Legislature has voted to do one specific thing. A voice vote resulted as follows: Ayes – 13, Noes – 0, Excused – 2 (Herrera and Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, the County of Tompkins has an approved Capital Project in the
2003-2007 Capital Program in the amount of $5 million for renovation and
improvements to the Public Safety Building, and
WHEREAS, no funds were appropriated in the 2003-2007 Capital Program
for the Public Safety Building renovation project, and
WHEREAS, residual funds from appropriations in the 2000-2004 and 2001-2005
Capital Programs enabled the Legislature by Resolution No. 86 of 2003 to
authorize a contract in the amount of $90,000 with Jacobs Facilities, Inc.,
for conceptual design services for this project which services are now
underway, and
WHEREAS, the County wishes to accelerate the progress of this
project in order to be in a better position to address space and general
building needs in a timely fashion and to meet the requirements of the
New York State Commission on Corrections, and
WHEREAS, Jacobs Facilities, Inc., has provided a Scope of Work for
services including the development of Preliminary through Schematic design
that will result in plans for phased improvements to the building to address
deficiencies as well as provide additional capacity in the jail, as may
be necessary in the next 20-30 years, and
WHEREAS, the cost of these services is $228,000, and
WHEREAS, Jacobs Facilities, Inc., also outlined a fee schedule for
development of a final design, development of bid documents, and release
and award of bid for the first phase of building improvements at such time
as the County makes a determination of what that phase should include,
and
WHEREAS, the cost of completing this additional work is estimated to
be approximately $572,000, resulting in a total of $800,000, now therefore
be it
RESOLVED, on recommendation of the Public Safety and Budget and Capital
Committees, That the 2003-2007 Capital Program be amended to provide funding
in the 2003 budget for planning and design services and to provide the
flexibility to accommodate additional planning and design services as the
project progresses,
RESOLVED, further, That the County Administrator be authorized and
directed to amend the agreement with Jacobs Facilities, Inc., to include
the Preliminary through Schematic phases of design as specified within
this resolution, not to exceed $228,000,
RESOLVED further, That the Finance Director is authorized to advance
funds in connection with the project and prepare a bond resolution for
approval by the Legislature.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 150 - AUTHORIZING THE ISSUANCE OF $800,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF THE PLANNING AND DESIGN OF IMPROVEMENT AND EXPANSION OF THE COUNTY’S PUBLIC SAFETY BUILDING, IN AND FOR SAID COUNTY
MOVED by Mr. Penniman, seconded by Ms. McBean. Ms. Kiefer commented on language contained in the Whereases. She said she would like to amend the first Whereas to read: “WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act “will be performed once a specific plan is chosen”, and change the second Whereas to read: “WHEREAS, it is now desired to authorize the financing of such capital project so that the needed design can be accomplished, now therefore be it”. She said she would like to distinguish between the construction and when there is a real plan there can be a real environmental analysis and that cannot happen yet.
Mr. Wilson, Assistant County Attorney, said bonding counsel approved the language contained in the resolution. Mr. Joseph said what Ms. Kiefer is proposing changes the resolution. Currently, the Whereas says the County has complied with SEQR as it applies to this resolution. He said the way Ms. Kiefer has suggested changing it does not make that statement false, but it says the County will comply with SEQR as needed when the project is carried out. He said these are two different statements that could easily be made.
Mr. Penniman said he would like to leave the first Whereas the same and accept Ms. Kiefer’s suggested wording for the second Whereas as friendly. There was discussion about whether bonding a project is an unlisted action that doesn’t need the review, or is it tantamount to performing the project and therefore, a whole review would be needed. Mr. Joseph believes it has been determined that bonding is an unlisted action and the review is needed only to do the project.
Mr. Booth said the County’s bond counsel has presented language in this very complicated area of law and he believes this Legislature should approve the language as submitted. Mr. Squires said this issue comes up from time-to-time and said he would invite bond counsel to speak to the Legislature at a future meeting. Ms. Kiefer welcomes that suggestion. Ms. Kiefer noted that at a minimum this resolution needs to have appended that under SEQR it is an Unlisted Action.
A roll call vote resulted as follows on the original resolution: Ayes – 13, Noes – 0. Excused –2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, all conditions precedent to the financing of the capital project
hereinafter described, including compliance with the provisions of the
State Environmental Quality Review Act, have been performed, and
WHEREAS, it is now desired to authorize the financing of such capital
project, now therefore be it
RESOLVED, by the Tompkins County Legislature of the County of Tompkins,
New York, as follows:
Section 1. For the specific object or purpose of paying the cost of
the planning and design of improvement and expansion of the County’s Public
Safety Building, in and for said County, including incidental expenses
in connection therewith, there are hereby authorized to be issued $800,000
serial bonds of said County of Tompkins, New York, pursuant to the provisions
of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost
of such specific object or purpose is $800,000, and that the plan for the
financing thereof is by the issuance of the $800,000 serial bonds of said
County of Tompkins, New York, authorized to be issued pursuant to this
bond resolution.
Section 3. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is five years, pursuant
to subdivision 62 of paragraph a of Section 11.00 of the Local Finance
Law.
Section 4. Subject to the provisions of the Local Finance Law, the
power to authorize the issuance of and to sell bond anticipation notes
in anticipation of the issuance and sale of the bonds herein authorized,
including renewals of such notes, is hereby delegated to the County Director
of Finance of the County of Tompkins, New York, the chief fiscal officer.
Such notes shall be of such terms, form, and contents, and shall be sold
in such manner, as may be prescribed by said County Director of Finance,
consistent with the provisions of the Local Finance Law.
Section 5. The faith and credit of said County of Tompkins, New York,
are hereby irrevocably pledged for the payment of the principal of and
interest on such obligations as the same respectively become due and payable.
An annual appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and payable
in such year.
Section 6. Such bonds shall be in fully registered form and shall be
signed in the name of the County of Tompkins, New York, by the manual or
facsimile signature of its County Director of Finance and a facsimile of
the corporate seal shall be imprinted or impressed thereon and attested
by the manual or facsimile signature of its County Clerk.
Section 7. The powers and duties of advertising such bonds for sale,
conducting the sale, and awarding the bonds, are hereby delegated to the
County Director of Finance of the County of Tompkins, New York, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in
such manner as he shall deem best for the interests of the County; provided,
however, that in the exercise of these delegated powers, he shall comply
fully with the provisions of the Local Finance Law and any order or rule
of the State Comptroller applicable to the sale of municipal bonds.
The receipt of said County Director of Finance shall be a full acquittance
to the purchaser of such bonds, who shall not be obliged to see to the
application of the purchase money.
Section 8. All other matters, except as provided herein relating to
such bonds, including determining whether to issue such bonds having substantially
level or declining annual debt service and all matters related thereto,
prescribing whether manual or facsimile signatures shall appear on said
bonds, prescribing the method for the recording of ownership of said bonds,
appointing the fiscal agent or agents for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be executed
in the name of the County of Tompkins, New York, by the facsimile signature
of its County Director of Finance and providing for the manual countersignature
of a fiscal agent or of a designated official of the County), the date,
denominations, maturities, and interest payment dates, place or places
of payment, and also including the consolidation with other issues, shall
be determined by its County Director of Finance. It is hereby determined
that it is to the financial advantage of the County not to impose and collect
from registered owners of such serial bonds any charges for mailing, shipping,
and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly,
pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent. Such bonds
shall contain substantially the recital of validity clause provided for
in section 52.00 of the Local Finance Law and shall otherwise be in such
form and contain such recitals in addition to those required by section
52.00 of the Local Finance Law, as the County Director of Finance of the
County of Tompkins shall determine.
Section 9. The validity of such bonds and bond anticipation notes may
be contested only if:
1) Such obligations are authorized for an object or purpose for which
said County is not authorized to expend money, or
2) The provisions of law which should be complied with at the date
of publication of this resolution are not substantially complied with,
and an action, suit, or proceeding contesting such validity is commenced
within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of
the Constitution.
Section 10. This resolution shall constitute a statement of official
intent for purposes of Treasury Regulations Sections 1.150 - 2. Other
than as specified in this resolution, no monies are, or are reasonably
expected to be, reserved, allocated on a long-term basis, or otherwise
set aside with respect to the permanent funding of the object or purpose
described herein.
Section 11. This resolution, which takes effect immediately, shall
be published in full in the Ithaca Journal, the official newspaper of such
County, together with a notice of the Clerk of the Tompkins County Legislature
in substantially the form provided in Section 8l.00 of the Local Finance
Law.
SEQR ACTION: TYPE II-20
Report from the Health and Human Services Committee
Ms. Robertson, Chair, reported the Committee met on July 2nd and heard from Bill Rusen and Fran Spadafora Mandella from Cayuga Addiction Recovery Services about the services that program provides. She announced a new facility will be opened in October, 2004. They reported 90 percent of the clients in the residential facility are from outside Tompkins County and 99 percent of the clients involved in outpatient programs are residents of Tompkins County. Ms. Robertson said the Committee continued its discussion about housing and heard from Ed Marx, Planning Commissioner, who reported on both long- and short-term issues the County should focus on. One of the long-term issues is the needs of the aging population as the over-60 age group will increase by 30 percent by the year 2020. A short-term issue is the need for more single-room occupancies for individuals with mental-health issues. The Committee also heard from Brenda Westfall from the Ithaca Housing Authority which runs Titus Towers and subsidized housing units throughout the City of Ithaca. They also administer Section 8 vouchers. Ms. Robertson said to date, Titus Towers has been a facility for the elderly as well as people with disabilities. There has been a recent federal designation that future residents will only be accepted in the elderly category and they will not be accepting new residents who are not elderly. Lakeview Mental Health Services also spoke to the Committee about services that agency provides to individuals with a mental-health diagnosis. They are working with the Community Mental Health Services Board and the Office of Mental Health at the State level on some new residences because the existing facilities are in need of being replaced. The Mutual Housing Association of Tompkins County also presented an overview to the Committee of services that agency provides. Ms. Robertson announced the Mutual Housing Association will be holding a community celebration at 512 Alice Miller Way on August 2 from 2 p.m. to 6 p.m. The next meeting will be July 17 at 9 a.m.
Report and Presentation of Resolution(s) from the Communications Capital Project Committee
Ms. Blanchard, Chair, reported the Committee met at 4:30 p.m. today. The next meeting will be July 23 at 2:30 p.m.
RESOLUTION NO. 151 – AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION REGARDING RELOCATION OF THE DEPARTMENT’S MAINTENANCE FACILITY
MOVED by Ms. Blanchard, seconded by Mr. Booth. Mr. Lane said he has been assured that the County will proceed with negotiations with respect to the issue of tax sharing among the City of Ithaca, the Ithaca City School District, and Dryden. He said this project takes highly developable land off the tax roll in Dryden to allow the same amount of land to be developed in the City of Ithaca. Mr. Lane said this would be a good example of what tax sharing could be about. Ms. Blanchard said she learned today that the City of Ithaca Department of Economic Development is crafting a memo to the effect that these negotiations are on-going and that they are participating in them. She said the Town of Dryden is taking the initiative to bring this up with the school district.
A voice vote resulted as follows: Ayes – 13, Noes – 0, Excused – 2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, Resolution No. 305 dated December 19, 2000, established the
County’s interest in effecting the relocation of the New York State Department
of Transportation Maintenance Facility from its present location on the
waterfront to a more appropriate site thereby freeing the lakefront property
for uses that would be enhanced by a waterfront location, and
WHEREAS, County staff, New York State Department of Transportation
(NYSDOT) staff, the National Development Council, and municipal leaders
have worked for many months to develop a plan and project that would meet
the needs of NYSDOT, be financially viable, and be acceptable to the host
municipality, and
WHEREAS, a core feature of this plan is the Memorandum of Understanding
(MOU) between Tompkins County and NYSDOT, dated July 15, 2003, that will
serve as the foundation for detailed contractual arrangements for implementation
of the plan and project, now therefore be it
RESOLVED, on recommendation of the Communications Capital Projects
Committee, That the County Administrator be and hereby is authorized to
execute the Memorandum of Understanding on behalf of the County and prepare
a capital project submission so that detailed contracts can be developed
and project planning can move forward in a timely fashion.
SEQR ACTION: TYPE II- 20
Mr. Proto, Chairman, reported the Committee met on July 9 and toured the Old Library building. He commended Brooke Kominos with the work that has been done there. He said the Committee was joined by the County Historian as they are trying to locate space for that function. Mr. Proto said the Committee continues to be concerned and interested in the status of the Health Department and the Office for the Aging. Mr. Marx, Planning Commissioner, will speak to the Committee about these space issues at the next meeting. Mr. Proto suggested that since this Legislature took action on the Local Action Plan for the reduction of greenhouse gases earlier this evening, that the Space Needs and Location Committee have that incorporated into its action plan for the remainder of the year. The next meeting will be August 13th.
Approval of Minutes of July 1, 2003
It was MOVED by Ms. Robertson, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the minutes of July 1, 2003 as submitted. MINUTES APPROVED.
Individual Member-Filed Resolution
RESOLUTION NO. 152 - ELECTING TEMPORARY EXEMPTIONS FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM RETAIL SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, CERTAIN CLOTHING AND FOOTWEAR COSTING LESS THAN $110
MOVED by Mr. Lane, seconded by Mr. Winch. Mr. Lane said he brought this resolution forward because it did not pass the Budget and Capital Committee and he felt it is important that this be considered by the full Legislature. Mr. Lane said most counties have adopted these two one-week periods of sales tax exemption or are leaning in that direction. He spoke in favor of this action and said it offers relief to people when it is needed the most, keeps Tompkins County competitive with surrounding counties, and he doesn’t believe there would be any substantial financial loss to the County. Ms. McBean relayed comments in Legislator Herrera’s absence in support of passing these sales tax holidays. Ms. Kiefer said although she can understand how it might be useful for some people to save a small amount of money before school starts, she doesn’t feel the holiday at the end of January makes sense. She stated that because of the difficult budget situation the County is in she cannot support this. It was stated that this was not approved by the City of Ithaca.
A voice vote resulted as follows: Ayes - 9 (Lane, McBean, Proto, Penniman, Robertson, Schuler, Todd, Totman, and Winch); Noes- 4 (Legislators Blanchard, Booth, Joseph, and Kiefer); Excused - 2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED.
RESOLVED, That it be enacted by the Tompkins County Legislature
as follows:
Section One: Section six of Resolution No. 256A of 1966, as amended,
is amended by adding a new subdivision f to read as follows:
f. Receipts from sales of and consideration given or contracted
to be given for purchases of clothing and footwear exempt from state sales
and compensating use taxes pursuant to paragraph (30) of subdivision (a)
of section 1115 of the New York Tax Law during the periods commencing August
26, 2003, and ending September 1, 2003, and commencing January 26, 2004,
and ending February 1, 2004, shall also be exempt during such periods from
sales and compensating use taxes imposed by this resolution.
Section Two: This resolution shall take effect June 1, 2003,
and shall apply during the applicable exemption periods in accordance with
the applicable transitional provisions of Article 29 of the New York Tax
Law; provided that this resolution and subdivision f of section 6 of Resolution
No. 256A of 1966, as added by section one of this resolution shall expire
May 31, 2004, and be deemed repealed.
SEQR ACTION: TYPE II-20
Mr. Joseph declared a recess from 7:41 p.m. to 7:50 p.m.
Executive Session
It was MOVED by Ms. Blanchard, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to enter into executive session at 7:50 p.m. to discuss contract negotiations. The meeting returned to open session at 8:10 p.m.
Adjournment
On motion the meeting adjourned at 8:10 p.m.
Tompkins
County Legislature Homepage
Tompkins County Homepage
E-mail Comments about this
page