Chair Joseph called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 3 of 2003 - Amending Section 72 of the Tompkins County Code - To Restrict Smoking in Places of Employment, Restaurants, and Taverns, and asked if anyone wished to speak.
Alexandra Goncarovs, a youth representative of Reality Check, which is an anti-tobacco movement in New York State, spoke in support of Local Law No. 3 of 2003. She stated that smoking in indoor places provides a constant, supportive environment for people to continue smoking as well as influences non-smokers to start smoking. She said there are over 100 trillion cigarettes smoked each year that contain deadly chemicals that are inhaled into the smokers lungs and the lungs of non-smokers. Ms. Goncarovs said passive smoke kills 53,000 adults in the United States each year. This is in addition to the 400,000 smokers killed each year by tobacco. She urged the Legislature to support the proposed local law and said the Clean Indoor Air Act in New York State is a step towards a healthier community and will help decrease the number of people killed by smoke each year.
Bibi Khalsa, 13 year-old Tompkins County resident, spoke in support of Local Law No. 3 of 2003. She said she does not like being in an environment where people are permitted to smoke. She said in restaurants where there is a designated smoking section she is still able to smell the smoke and it makes her sick.
Caryl Arsenault, Tompkins County Empire State Restaurant and Tavern Association, said she feels Local Law No. 3 of 2003 is redundant of the State's Clean Indoor Act and does not believe the County should adopt it. She questioned what the dissimilarities are between the law being considered this evening and the State Law and whether the owner of an establishment could be charged by both the County and State for violations. Ms. Arsenaut said the terms of the State's law include a provision for filing for a waiver; however, when she inquired to the Health Department for this she was told a waiver does not exist. Ms. Arsenaut asked what businesses can do to deal with this new State law.
Lenny Leonardo, tavern owner, spoke in opposition to Local Law No. 3 of 2003. He stated he has experienced a decline in business since the State adopted the Clean Indoor Air Act and questioned why the County would consider adopting a law that is already in effect at the State level. He said if the County is concerned about the State law being changed there would be time later to adopt a County law.
Rich Leonardo, tavern owner, spoke in opposition to Local Law No. 3 of 2003. He stated he has experienced a decline in business since the New York State Clean Indoor Air Act was enacted. Mr. Leonardo said patrons now stand outside and litter the sidewalk with cigarette butts and expose passersby to second-hand smoke. He feels the adoption of this Act has only shifted the problem from one area to another.
Joseph Leonardo, tavern owner, spoke in opposition to Local Law No. 3 of 2003. He stated he said he believes the issue is not a ban on smoking, it is a ban on the freedom of choice. Mr. Leonardo said hospitality businesses cater to their customers and if they did not want smoking they would make establishments non-smoking on their own.
John O'Leary, owner of two taverns in the City of Ithaca, spoke in opposition to Local Law No. 3 of 2003. He stated if New York State changes the Clean Indoor Air Act, the County could enact its own law at that time. Mr. O'Leary said many college students are from several different ethnic backgrounds and countries and feels it will be very difficult to change them because of their culture.
Laura Cavin, Town of Newfield resident and City of Ithaca business-owner, spoke in opposition to Local Law No. 3 of 2003. She said she does not believe the Tompkins County Legislature should adopt a law that is identical to the New York State Indoor Clean Air Act. She also does not believe consideration of this law is a good use of legislator's time.
Sonja Seamon, Tompkins County Restaurant and Tavern Association, said she concurs with the concerns made concerning Local Law No. 3 of 2003 and urged the Legislature not to support the law.
Sherry Tomasky, American Cancer Society representative, spoke in support of Local Law No. 3 of 2003. She stated each year 350 people in Tompkins County are diagnosed with cancer and of those 150 die. She said more of those deaths are caused by lung cancer than any other type of cancer. Ms. Tomasky said the lung cancer rate in women in Tompkins County is 31 percent higher than in all of New York State. She said the presence of the State law that restricts smoking in worksites will help to alleviate that problem and if Tompkins County were to adopt this law, it would be a message by this Legislature to the State that the law is supported. Ms. Tomasky said if the County adopts this law it will not make a difference to the people who have to abide by it because they are already required to abide by the State's Law. She stated that although she does not believe the State Law is in jeopardy, the tobacco industry has money, power, and influence. If the County adopts its own law this evening it would ensure seamless protection against second-hand smoke in the workplace that every worker deserves.
Fay Gougakis, City of Ithaca resident, spoke concerning the Clean Indoor Air Act. She expressed concern about smoke filtering through open windows from people who are smoking outside. Ms. Gougakis said another concern she has with the Law is that the responsibility has been placed on the owner of the establishment and not the patron. She commended the youth for their stance against tobacco, especially because of the influence the tobacco industry has had on the youth.
Alice Cole, Public Health Director, spoke in support of Local Law No. 3 of 2003. She stated she is a cancer survivor and also witnessed one of her aunts die from cancer as a result of smoking. Ms. Cole said she stands with her colleagues across the State for their support of this local law and commends Legislator Lane for sponsoring this legislation.
No one else wished to speak and the public hearing was closed at 5:52 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: 14 Legislators. Excused - 1 (Legislator Blanchard).
Privilege of the Floor by the Public
Ken Deschere, Ithaca, spoke in support of the resolution on the agenda entitled Reducing Fees and Target Adjustment - Board of Elections. Mr. Deschere stated the present fee of $80 is unfair because it does not reflect the actual charge of supplying this voter registration data to the public, particularly those who may be considering running for public office.
Herb Engman, Ithaca, spoke in support of the resolution on the agenda entitled Reducing Fees and Target Adjustment - Board of Elections. He stated he does not believe people who are considering running for public office should have to pay the current rate of $80 for electronic voter registration data. He said he is a current candidate for public office and has used these lists in current and past campaigns and feels everyone should be given a fair opportunity to participate in the democratic process.
Joseph Wetmore, Town of Ithaca resident, spoke in support of the resolution on the agenda entitled Reducing Fees and Target Adjustment - Board of Elections. He said in this community major parties purchase the lists and share it among all of its candidates and smaller parties are forced to pay more because they don't have as many candidates. He believes this fee discriminates against those smaller parties in addition to keeping additional candidates out of a race because of expense.
Fay Gougakis, City of Ithaca resident, spoke concerning noise in the Tompkins County Public Library. She stated cell phones are a major distraction to patrons of the Library and asked that the Legislature look into the issue of allowing cell phones in that building during open hours. She noted the Library Board of Trustees is also looking at this issue. She also said the Library is serving as a day-care center.
Privilege of the Floor by Legislators
Mr. Lane, District No. 14 Representative, read the following letter from Dr. William Klepack, M.D., Tompkins County Medical Director, in regard to the New York State Expanded Clean Indoor Air Act effort to pass a local law mirroring the New York State Law:
"Dear Michael:
I may not be able to attend the public hearing set for August 5th at 5:30 p.m. in the Courthouse, so I wish to let you know of my support for this local law which will help to protect employees in the County, as well as patrons, from the harmful health effects of second-hand smoke.
"I do hope that the local law can be passed in order to ensure that at least in Tompkins County the health of our citizens is protected. I am confident that as the years go by the harmful effects of second-hand smoke will only be more clearly and firmly established and with the available evidence at hand that we have firm footing to protect our citizens against the harmful effects of second-hand smoke.
"No one should be allowed to place the health of other persons at risk and some employees of some establishments have no choice but to take whatever job they can find, especially in these difficult times. Their health should not be compromised by being forced to take a job.
"Please do register my support for a local law mirroring the New York State Expanded Clean Indoor Air Act."
Ms. Robertson, District No. 13 Representative, said this week marks the 58th anniversary of the bombing of Hiroshima. She said at the same time officials of this Administration and Defense Department are meeting on August 7th in Omaha, Nebraska, to start talking about a new generation of nuclear weapons. Ms. Robertson said this is a very scary situation. She said this is a non-partisan issue and all citizens should be extremely worried about any conversations that are held about "acceptable" nuclear weapons.
Ms. Robertson said there have been changes taking place at the CVSA (Crime Victims and Sexual Assault) Center because of funding changes at the State level. She said she received a phone call today from one of the agencies that is a source of the funding and she was told they will be taking another look at the application from Tompkins County. She also spoke of VOCA (Victims of Crime Act), which is a federal source of funding. She stated Congress is sitting on a reserve balance of a billion dollars of funds that exist that are dedicated to these programs; the person she spoke with at the Crime Victims Board in Albany asked that the public contact their representatives from congress about releasing those funds.
Ms. Herrera, District No. 5 Legislator, reported she recently returned from the JFK School of Government. She said it was a very productive and positive experience and thanked the individuals who provided her with the opportunity to attend. Ms. Herrera said she will be presenting the Distinguished Youth Award at the August 19 Legislature meeting and asked that nominations be submitted to her by August 8th.
Ms. McBean, District No. 2 Legislator, announced this evening is National Night Out. She said community residents are celebrating pride in their neighborhood throughout Tompkins County and are strategizing ways to keep crime out of the community. Ms. McBean said the present and former County Historians, Carol Kammen and Gretchen Sachshe, have done wonderful work exploring African-American heritage in Tompkins County. Two weeks ago she conducted a walking tour of Southside's African-American Heritage and said significant places in downtown Ithaca have been documented. She distributed two brochures to all Legislators and encouraged everyone to take a walk-thru of the Southside neighborhood.
Presentation of Resolution(s) from the Health and Human Services Committee
RESOLUTION NO. 153 - ADOPTION OF LOCAL LAW NO. 3 OF 2003 - AMENDING
SECTION 72 OF THE TOMPKINS COUNTY CODE -
TO RESTRICT SMOKING IN PLACES OF EMPLOYMENT, RESTAURANTS, AND TAVERNS
MOVED by Ms. Robertson, seconded by Mr. Lane. Mr. Wood briefly explained how this Local Law relates to the State Law. Mr. Wood said he was asked to prepare this law in case some portions of the State Law did not pass. He said this Local Law has some of what the State Law has in it, but only a small portion. In particular, it contains three places where smoking is not allowed. Those places are bars, restaurants, and places of employment. The State Law has 28 separate places where smoking is not allowed; it was his intent to cover only those places that may not have passed in the State Law. Mr. Wood clarified the Local Law being considered repeats the State Law with regard to a small amount but is not as full and comprehensive as the State Law.
Ms. Kiefer asked if a place is fined, would they be subject to duplicate fines because of the existence of both a State and County Law? Mr. Wood responded they would not.
Mr. Totman spoke in opposition to the proposed Local Law and said he does not feel any Legislator should make decisions to regulate anyone's life. He stated since this law was first proposed he has been contacted by both smoking and non-smoking constituents who oppose this action.
Ms. McBean said the State already has a very comprehensive law in effect. She said most people she has heard from do not believe the State Law is in jeopardy at this time; however, she understands the tobacco industry has a lot of power and money. Ms. McBean has some concerns about sending smokers outdoors on the street where people use sidewalks.
Mr. Proto spoke in opposition to this Local Law and stated this is redundant of the State Law. He said each Legislator has received information from the Public Health Director in regard to the proposed budget of the Health Department and the added cost of reviewing and enforcing restrictions of the Pesticide Notification Law and this adds to the financial burden in that Department.
Mr. Proto said he will encourage every business person in this community who may be affected by this to seek out their attorney's advice and look into the term "constructive obsolescence" and see if this applies to the building in the manner the State Law applies. He said in terms of land use control, businesses are being restricted as to what a building can be used for and suggested also contacting the Assessment Department to see if an assessment can be lowered provided the owner has already complied with the building code. Mr. Proto said this also extends to any individual who owns an apartment house where there is a common hallway. He said if an individual is delivering mail or a workman enters a common area of an apartment building and a tenant reports that individual, the owner of the building could be fined. Mr. Proto said he does not believe this law is needed and it is very likely that the State Law will face a legal challenge. He urged other legislators not to support this Local Law this evening and to table action until issues can be clarified.
Mr. Joseph spoke about two aspects of the Local Law. He said in terms of redundancy, it is true the State Law is already in effect and this would not change anything at the moment. It is also true that the State Law could change later at which time this Law would have an impact. He said he doesn't see any great urgency to pass this now, however, he does not see any harm either. He said in terms of the merits of the Local Law, it has been argued that people who do not want to be exposed to smoke shouldn't go to bars and restaurants where smoking is allowed. He said if a business owner and the customers want to have a smoke-filled place that is acceptable to him. However, he said this is not a consumer protection law, it is a workplace health and safety law. In this country, having a job is recognized as being so vital and basic that it is not realistic to tell a person to work in an unsafe environment. He said he would like to allow smokers to be able to get together in places to socialize and smoke together; however, he cannot reconcile that with the need for protecting workers in their places of employment.
Mr. Lane spoke in support of the Local Law and agreed with the comments made by Mr. Joseph. He said this is not about redundancy; it is about workplace safety. Mr. Lane said there was an editorial in the Ithaca Journal today that said his efforts were well-intentioned but the Local Law was unneeded and a waste of County taxpayer money. Mr. Lane said the County has an attorney whose job is to do what Mr. Wood has done with this Law.
Ms. Herrera said she appreciates the efforts of "Reality Check". She said she does not smoke but her mother passed away due to emphysema. She said there are many factors she has taken into consideration as she has thought about this issue. She has taken a look at what she was elected to do and feels there are two reasons to adopt a local law. The first reason is when there is no State law in effect and the other is when a local body feels the State legislation needs to be stronger. She stated this Local Law does not fit either of those criteria. While it is difficult for her to be portrayed as being against clean air or worker's safety, she feels it is her job to adopt laws that make sense and not to waste time. She said there may be good reason to have a lack of faith in the State, however, she believes if the State law were to be amended there would be support by this Legislature to enact this law. Ms. Herrera said if that happened she would support the adoption of this law at that time.
Ms. Robertson spoke in support of adopting Local Law No. 3 of 2003. She said she believes it makes sense for counties to adopt this type of law for the purpose of sending a message to the State that counties want that law kept intact. Ms. Robertson spoke of the claim that businesses have suffered as a result of this law and stated she has heard reports to the contrary. In California where this law is already in effect, many restaurants are pleased because tables are turning over much faster. She said there may be a loss of business in the short-term but believes it will only be temporary. Ms. Robertson also spoke in support of providing employees with the right to work in a smoke-free environment.
Mr. Booth said he believes a misconception exists that people should support this on the grounds that if the State law is overturned that the County law will stand. He said if the State law is not upheld it is very unlikely the County's law would be. Mr. Booth said he will support this Local Law for its public health value and its benefits to employees.
A roll call vote resulted as follows: Ayes - 9 (Legislators Booth, Joseph, Kiefer, Koplinka-Loehr, Lane, Penniman, Robertson, Schuler, and Winch); Noes - 5 (Legislators Herrera, McBean, Proto, Todd, and Totman). RESOLUTION ADOPTED.
WHEREAS, a public hearing was held before the Tompkins County
Legislature on August 5, 2003, to hear all persons interested in proposed
Local Law No. 3 of 2003, and
WHEREAS, the Tompkins County Legislature has determined that
adoption of Local Law No. 3 of 2003 is in the public interest, now therefore
be it
RESOLVED, on recommendation of the Health and Human Services
and Consumer and Community Affairs Committees, That proposed Local Law
No. 3 of 2003 - Amending Section 72 of the Tompkins County Code - to Restrict
Smoking in Places of Employment, Restaurants, and Taverns, is hereby adopted,
RESOLVED, further, That the Clerk of the Legislature shall publish
in the official newspaper of the County a notice of adoption containing
a synopsis of said local law and shall within twenty days file one certified
copy in the Office of the County Clerk, and one copy with the Secretary
of State.
SEQR ACTION: TYPE II-20
Individual Member-Filed Resolution
At the request of Mr. Joseph, Mr. Lane took the Chair at this time.
RESOLUTION NO. 154 - REDUCING FEES AND TARGET ADJUSTMENT - BOARD OF ELECTIONS
MOVED by Mr. Joseph, seconded by Ms. Robertson. Mr. Joseph said he filed this resolution and explained his reasons for doing so. He stated the fees charged for elections data is not covered by the Freedom of Information Act (FOIL) because it is covered by a separate law. That law says that it shall be provided to the public at the cost of publication. Mr. Joseph said this Legislature could debate what the cost of publication actually is, however, there is one court case on the books and the court could not determine the "cost of publication", so it used the FOIL concept "cost of reproduction". In that case it was decided the fee being charged was too high and a substantially lower fee was imposed. Mr. Joseph said he believes charging the current rate of $80 for this information is unfair and is proposing it be lowered to $5. He said the more barriers put up for people considering running for public office, the less democracy there is.
Mr. Koplinka-Loehr said the question this resolution raises is whether the taxpayer should bear this burden or should the fee be closely placed to those who are getting the service. He said in general, he prefers to have the burden of fees be with those who use the service. However, Mr. Koplinka-Loehr said he will support this resolution because he believes it is good for democracy.
Ms. Robertson said this reduction does put charges in line with costs.
Mr. Proto asked if this change in fees would result in a shortfall in the Board of Elections budget for 2003; Mr. Joseph responded, yes. He also asked for a summary of the discussion that took place by the Consumer and Community Affairs Committee. Ms. Kiefer said the Committee had a brief and unproductive discussion about this resolution, and although it was noted such a high fee is open to legal challenge, no one else seemed supportive of making this change at that time.
Mr. Lane said he serves on the Consumer and Community Affairs Committee and one Elections Commissioner expressed opposition to this. Mr. Lane said a question exists as to what the law is in this case and what should be included in the cost of publication. Mr. Lane said he does not feel this fee is such a burden that people will not be able to run for public office.
Mr. Booth said he will support this resolution; however, he rejected the comments that this is an inappropriate policy and the excessive fee keeps people from running for public office. He said he does not believe the $80 fee is the result of anything inappropriate and does not believe it has caused anyone not to run for public office.
Mr. Proto asked if it was Mr. Joseph's intent to change this fee permanently or through 2003. Mr. Joseph said his intent is to make it a permanent change, however, it can be discussed at any time during the budget process.
Mr. Penniman said the Legislature has asked County departments to look at fees and increase fees where appropriate. While he doesn't agree with lowering fees at this difficult budget time, he feels public access to information is more important.
A voice vote resulted as follows: Ayes - 11, Noes - 3 (Legislators Lane, Todd, and Totman); Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED.
WHEREAS, free and open access to voter registration data is an
essential element to any election campaign, and
WHEREAS, holding down the expense of campaigns makes the political
process open to a broader range of participation, and
WHEREAS, the current fees charged for electronically supplied
data from the Board of Elections are substantially higher than the direct
cost of providing that data, and
WHEREAS, fees that exceed the direct cost are of questionable
legality, and
WHEREAS, fee revenues are a small, but important, part of the
Board of Elections budget, now therefore be it
RESOLVED, That the fee charged for data supplied electronically
shall be $5.00 for the complete countywide data and an additional $5.00
if the data is customized in any way,
RESOLVED, further, That the target budget for the Board of Elections
be increased by $2,000 to compensate for lost revenue.
SEQR ACTION: TYPE II-20
Chair's Report
Mr. Joseph said over the last couple of weeks he has been involved in several discussions about the County and State budgets. He said he was invited to speak yesterday at the conference of county treasurers and finance directors and stayed to hear an analysis of the State budget by Ken Crannell of New York State Association of Counties. Mr. Joseph said Mr. Crannell discussed the overburden payments that are one of the biggest threats for counties and said the Governor put a cap on overburden payments and the State Legislature took the cap out but did not appropriate any funds to cover it. Mr. Crannell also discussed other items such as TANF (Temporary Assistance for Needy Families) and stated this is another area that will have to be monitored closely. Federal money for welfare were set at a particular level. When caseloads decreased, TANF monies were appropriated for other purposes. Now caseloads have increased, but TANF monies have not. Counties had paid 25%; when TANF recipient exceeds 5-year lifetime, County pays 50%. This November it is expected Federal TANF money will run out and counties will have to cover 100%.
County Administrator's Report
Mr. Whicher requested an executive session to discuss contract negotiations be held later in the meeting. He provided an update on the selection for the Department of Social Services Commissioner position and said approximately six candidates have been selected to proceed to the interview process. Following that process, three candidates will be presented to the full Legislature.
Mr. Whicher directed members' attention to the documents that have been distributed in regard to the County's budget. He stated one of the biggest unknown items is the overburden payments which the County will not know the definite impact until very late in the year.
Mr. Whicher said staff has produced a budget sheet that shows a potential property tax levy increase of 46.79%. Of that amount, 14.41% is the result of mandate increases, 3.81% in payroll increases, 6.3% in NYS Retirement costs, and 12% in capital debt, as well as exposure to overburden and the TANF shortfall. He stated before he makes any kind of adjustments in his review the County is facing a 30% tax rate increase, and this does not include approving any over-target requests by departments. Mr. Whicher continued explaining how those figures break down and noted the over-target requests amount to $6 million. He said there is no way to achieve a 35% tax increase without a reduction in force.
Mr. Whicher reported on 2004 Over-Target Requests totaling $6,087,463 (17.19% increase over 2004 fiscal target) and stated totals for program committees are as follows:
Consumer and Community Affairs - $525,595; increase over 2004
fiscal target - 5.29%
Health and Human Services - $1,087,911; increase over 2004 fiscal
target - 16.77%
Public Safety - $2,506,911; increase over 2004 fiscal target
- 26.79%
Planning, Development and Environmental Quality - $33,727; increase
over 2004 fiscal target - 4.63%
Facilities and Infrastructure - $1,460,742; increase over 2004
fiscal target - 19.74%
Government Operations - $473,047; increase over 2004 fiscal target
- 14.32%
Mr. Whicher referred to a document entitled "Strategies for Dealing with Budget Shortfall" and said this lists four options for ways to address the budget situation for the Legislature to consider. Mr. Joseph said if this Legislature wants to achieve anything less than a thirty percent property tax increase, the process as it currently stands cannot be used. He stated that by saying no to all over-target requests, the tax rate would be approximately 30 percent. Mr. Joseph summarized the options contained in the document:
1. Business as usual. Deal with Over-Target Requests (OTRs)w
individual legislators to propose other actions.
2. County Administrator makes recommendations on OTRs and then
provides options to the Legislature for further reductions.
3. Direct County Administrator to recommend a budget that achieves
a target level of tax increase. Legislature then decides which
cuts to implement.
4. Budget Committee (or a special committee) is charged to come
up with a proposed budget.
Mr. Joseph said his preferred option would be No. 3 with a target level of tax increase of 5%. He said with this option the Legislature will be presented with very drastic cuts and will be able to restore many of them.
Mr. Penniman clarified that this proposed strategy would take the place of the County Administrator's recommendations and that the Legislature would resume its regular process of program committee review in September and Expanded Budget Committee review in October.
Ms. Robertson said she preferred option no. 3 but feels setting a target level increase of five percent would be too low. She suggested asking for more than one target.
Mr. Booth said he preferred option no. 3 and also felt setting a target level increase of five percent would be too low and suggested ten would be a more realistic number given the severity of the situation.
Mr. Winch said he preferred option no. 3; however, felt setting a target level increase of five percent would be a better choice. He said he doesn't feel this Legislature has had adequate discussion about the value of programs. Mr. Winch said he would expect many items to be restored at the five percent level, but there would be a great amount of time discussing and debating the value of programs.
Mr. Lane said he preferred option no. 2. He also stated the Legislature needs to be careful in the way the County Administrator is used. He stated Mr. Whicher is not an executive and because he is the go-between the department heads and the Legislature, a good working relationship needs to be maintained there. He does not believe placing a figure of five percent on the budget this year is realistic.
Ms. McBean said she could support option no. 3 if Mr. Whicher feels comfortable with the task associated with it. She does not want to look at a double-digit increase and agreed with Mr. Winch's comments that a serious review needs to be conducted of all programs and decisions made as to what is most important to this Legislature.
Mr. Totman said he supports option no. 3 with an established target level increase of five percent. He said he does not believe he will support a property tax increase above ten percent.
Mr. Todd said he supports setting a target level increase of five percent. He noted that five percent isn't the complete picture because there is already a six percent increase in assessment. Mr. Todd also noted that this Legislature would be asking the County Administrator to perform a task that has never been asked of that position before.
Mr. Koplinka-Loehr thanked Mr. Joseph for bringing this discussion to the Legislature now. He does not believe the usual budget process strategy will work this year; however, he does not believe this is a task the County Administrator should be given. Mr. Koplinka-Loehr said he believes a special committee of this Legislature should be created and that the process should be very open and public.
Ms. Herrera said in talking to many people in county and state from around the country, she believes Tompkins County's budget, although stringent and difficult, is one of the most open and efficient processes that exist. She said she is interested in option no. 2; if it is no. 3, she prefers a target increase of five percent because it is necessary for this Legislature to make difficult decisions based on each legislator's values. Ms. Herrera said Mr. Whicher is an excellent Administrator; however, decisions need to be made based on each legislator's values. She believes this Legislature needs to have a discussion about the role of government and make decisions as to what programs are the most important in Tompkins County. Ms. Herrera said she could support an option that combines nos. 2 and 4 with the County Administrator providing options for further reductions and then a special committee would produce a proposed budget for the rest of the Legislature to look at.
Mr. Proto said there has been discussion about property tax increase but there has not been any discussion of the rate of spending and asked if that could be included in Mr. Whicher's work. He stated he would support a combination of options 2 and 3. Mr. Whicher stated he is already working on that information and it would be included in the information presented to the Legislature. Mr. Proto also asked if consideration would be given to approaching the unions about salary reductions. Mr. Whicher stated that 2004 will be an unprecedented year and that no stone will be left unturned.
Mr. Joseph explained each of the options and said in all of the options the Legislature has the power to make the decisions. He said it is very important that the Legislature keep the power and responsibility to itself and that the County Administrator needs to have protection when being asked to do this type of work. He said he believes when this Legislature and the public sees any of the choices that will need to be made to get down to a five or ten percent increase many will be clamoring to put things back in. At the same time there will be others who will be insisting the tax rate be kept down. Mr. Joseph said there is no one except for this legislative body who should make those decisions. He stated the purpose of establishing a percentage with an option would be to set a floor where it is agreed the rate would not be any lower than this amount.
Mr. Whicher said he is very concerned about his changing role in the process. He said the charge the Legislature will be giving him this evening is a strong executive charge. Although he is willing to accept it this Legislature needs to recognize this different role and that ground rules need to be set for all involved parties.
Mrs. Schuler said she would support option no. 2 and working into parts of no. 3.
Ms. Kiefer said when this legislative body was going through the 2003 budget process there were warnings that the budget could be much worse in 2004. She said that nevertheless, the 2003 budget contained a significant number of items totaling approximately a three percent tax rate increase that were funded for one-time only. She said this Legislature did not deal with those one-time increases and now they have been placed into the mix for the 2004 budget. She said it will be amazing if there could be anything less than a 15 percent tax rate increase for 2004. Ms. Kiefer said an option she would like given consideration is to raise tax by an amount higher than the Legislature would like to and recognize and pursue the need for a local State Income Tax. She said of the options presented she would prefer no. 2, however, she is very concerned with asking the County Administrator to impose his values on the budget.
Mr. Penniman stated he is sensitive to the concern that it is not the County Administrator's job to recommend what the role of government should be and where cuts should be made. However, he said he will support option no. 3 with minor changes in wording and a target increase of five percent. Those changes were accepted as friendly and appear in the motion that follows.
It was MOVED by Mr. Penniman, seconded by Mr. Booth, to direct the County Administrator to submit a budget that achieves a target level of a five percent tax increase. The Legislature then decides which cuts to implement.
Ms. Robertson said she would like the target increase to be amended upward and suggested 20% and direct the Legislature to bring the rate down from that level.
Mr. Winch stated he will support this motion with the change in wording. He agrees the County is being asked to submit a budget but thinks Mr. Whicher will make objective recommendations. He believes it will be the values of the Legislature that will be injected into the budget.
It was MOVED by Mr. Lane and seconded by Mrs. Schuler, to substitute the motion with option no. 2.
Mr. Joseph said he does not believe it is possible for Mr. Whicher to make recommendations on the budget without injecting his values. He said it is important for this Legislature to acknowledge that this will happen and that it is not his job to do. It will then be up to this Legislature to make choices at that point without referring to Mr. Whicher's recommendations as being expertise. He said all choices involved in the process will be individual value choices and that needs to be recognized from the beginning. Mr. Booth said Mr. Whicher is being asked to perform a very difficult task and this Legislature needs to refrain from criticizing Mr. Whicher for the job he is being asked to do.
A voice vote resulted as follows the motion to substitute: Ayes - 5 (Legislators Herrera, Kiefer, Koplinka-Loehr, Lane, and Schuler); Noes - 9 (Legislators Booth, Joseph, McBean, Penniman, Proto, Robertson, Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard). MOTION FAILED.
It was MOVED by Ms. Robertson, seconded by Mr. Koplinka-Loehr, to amend the motion to increase the target level increase from five to nine percent. A voice vote on the motion resulted as follows: Ayes - 6 (Legislators Joseph, Kiefer, Koplinka-Loehr, McBean, Schuler, and Robertson); Noes - 8 (Legislators Booth, Herrera, Lane, Penniman, Proto, Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard). MOTION FAILED.
A roll call vote on the original motion resulted as follows: Ayes - 9 (Legislators Booth, Herrera, Joseph, McBean, Penniman, Proto, Todd, Totman, and Winch); Noes - 5 (Legislators Kiefer, Koplinka-Loehr, Lane, Robertson, and Schuler); Excused - 1 (Legislator Blanchard). MOTION CARRIED.
Approval of Resolution(s) and Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 155 - BUDGET TRANSFER AND ADJUSTMENTS – VARIOUS DEPARTMENTS
MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda:
RESOLVED, on recommendation of the Health and Human Services, and Public Safety Committees, That the Director of Finance be directed to make the following budget transfer and budget adjustments on his books:
TRANSFER:
HEALTH AND HUMAN SERVICES COMMITTEE
Office for the Aging (#30)
Revenue Acct
Title
Amt Approp Acct Title(s) ---------__________
6772 51000 Salary $
900 6772 54442 Professional
Services
Explanation: Unneeded salary dollars permit transfer to purchase
software consultant service.
BUDGET ADJUSTMENTS:
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
RESOLUTION NO. 156 - DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 2003-2004
MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Strategic Tourism Planning Board has traditionally
recommended the appropriate agency of the New York State Tourism Promotion
Agency (TPA) designation as part of its review function for tourism matters,
and
WHEREAS, the Strategic Tourism Planning Board has reviewed the
matter with appropriate agency representatives, and
WHEREAS, the Strategic Tourism Planning Board feels qualified
to make a recommendation of the best agency to have the TPA designation,
now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality Committee, That the designation of the TPA for State Fiscal Year
2003-2004 be awarded to the Ithaca/Tompkins County Convention and Visitor’s
Bureau (CVB), with the understanding that the Director of the CVB be empowered
to change the designation to any appropriate regional tourism promotion
agency with County Legislature approval should it be advantageous for Tompkins
County to do so,
RESOLVED, further, That the Director of the CVB report back to
the Planning, Development and Environmental Quality Committee if such change
occurs.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 157 - AUTHORIZATION OF NEW YORK STATE DEDICATED TRANSPORTATION
TRUST FUND CAPITAL PROJECT
SUPPLEMENTAL AGREEMENT NUMBER 7 - TOMPKINS CONSOLIDATED AREA TRANSIT
MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, pursuant to State Finance Law Section 89-c, the New York
State Legislature authorizes mass transportation grants for capital projects
that are funded with ten percent up to one-hundred percent State funding,
and
WHEREAS, Tompkins County executed a Master Agreement with the
New York State Department of Transportation to simplify the process of
State reimbursement of expenses for transit capital projects (County Resolution
No. 196 of 1999), and
WHEREAS, the New York State Department of Transportation has
authorized Supplemental Agreement Number 7 for $554,000 in State funds
to fund FY 2003 capital projects by Tompkins Consolidated Area Transit,
now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That the Tompkins County Legislature authorizes Supplemental Agreement
Number 7 of the Master Agreement for New York State Dedicated Transportation
Trust Funds in an amount not to exceed $554,000.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 158 - AUTHORIZATION TO ACCEPT PRIVATE DONATIONS
TO FUND PREVENTIVE SERVICES THROUGH
UNITED WAY AND TO AMEND A CONTRACT TO UTILIZE THE FIRST SUCH DONATION -
BUDGET
ADJUSTMENT – DEPARTMENT OF SOCIAL SERVICES
MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, as a result of actions taken by the Tompkins County Legislature
and the Tompkins County Department of Social Services (DSS) during the
2003 budget process, the value of several contracts for at-risk children
and youth was significantly reduced, and
WHEREAS, one program that was reduced in value and services was the
Dispositional Alternatives Program (DAP) operated by Family & Children’s
Service, and
WHEREAS, the Dispositional Alternatives Program is a Preventive services
program for at-risk youth that has repeatedly demonstrated that it is a
valuable tool for the Department and the community in the prevention of
foster care, and
WHEREAS, changes in the New York State budget revitalized an
option for financing preventive services for families and children that
had become moot during the existence of the previous New York State method
of financing preventive services for families and children, and
WHEREAS, this option provides the Department of Social Services
with an opportunity to utilize private, non-governmental or tax levy funds
to offset the local cost of such programs, and
WHEREAS, the Department has been working with various agencies
and private funders to take advantage of this opportunity to use private
dollars to maintain, create, or expand services to at-risk families and
children, and
WHEREAS, an amount of such private “donated funds” has now become available,
and
WHEREAS, the United Way of Tompkins County, its Executive Director
and its governing Board have demonstrated courageous community leadership
in agreeing to donate these funds as well as a matching grant of $2,000
for the purposes of maintaining community services to at-risk families
and children, and
WHEREAS, the United Way of Tompkins County and the Tompkins County
Department of Social Services (DSS) have completed the discussions required
for the United Way to donate and for DSS to accept these donated funds,
and
WHEREAS, allowing the DAP program to be the first to be assisted
by this funding formula will reduce the administrative burden for DSS and
DAP staff, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee,
That the Department of Social Services is authorized to accept donated
funds from the United Way as they become available,
RESOLVED, further, That the amount of Social Services’ 2003 contract
with Family and Children’s Services for the Dispositional Alternatives
Program be amended so that the total contract value will be $306,533, with
no additional local tax dollars required to support this program,
RESOLVED, further, That the Finance Director is authorized to
make the following adjustments to the Social Services 2003 budget:
Appropriation: 6070.54400 Purchase of Services $32,391
Revenue: 6070.42705 Gifts & Donations $10,446
6070.44670 Federal $13,300
6070.43670 State $ 8,645
SEQR ACTION: TYPE II-20
RESOLUTION NO. 159 - AUTHORIZATION TO CLAIM AND PASS-THROUGH TO PUBLIC
HEALTH DEPARTMENT
FEDERAL MEDICAID REIMBURSEMENT FOR THE EARLY INTERVENTION PROGRAM
- BUDGET
ADJUSTMENT – DEPARTMENT OF SOCIAL SERVICES
Moved by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Department of Social Services has the ability to draw down
Federal reimbursement for fifty percent of the administrative costs for
running a Local Early Intervention Agency (LEIA), and
WHEREAS, the Public Health Department is the designated LEIA in Tompkins
County and anticipates having $52,146 in eligible expenses to submit for
fifty percent reimbursement in 2003, and
WHEREAS, the Social Services’ 2003 budget does not presently reflect
either the Federal revenue or the transfer to Public Health, now therefore
be it
RESOLVED, on recommendation of the Health and Human Services Committee,
That the Director of Finance is authorized to make the following adjustments
to the Social Services budget.
Appropriation: 6010.54442 Professional Services
$26,073
Revenue:
6010.44610 Federal Revenue $26,073
SEQR ACTION: TYPE II-20
RESOLUTION NO. 160 - AUTHORIZING CHANGE IN RATES – PRESCHOOL SPECIAL EDUCATION PROGRAM - HEALTH DEPARTMENT
MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, New York State Education Law, Section 4410 stipulates
the responsibility for special education services and programs to children
3 to 5 years of age, who are determined eligible under New York State Education
Department (SED) regulations, belongs to the municipality of residence
(i.e., the County), and
WHEREAS, it is the municipality’s responsibility to establish
contracts with the appropriate school districts, programs and therapists
who in turn provide the services and programs to eligible children, as
determined by each school district’s Committee for Preschool Special Education
(CPSE) and stipulated per the Individual Education Plan (IEP), and
WHEREAS, SED establishes the rates for Special Education Integrated
Programs, Special Education Itinerant Services and 1:1 Aides with the integrated
setting, the municipality establishes the rates for Related Services (e.g.,
Speech, Occupational and Physical Therapy, Counseling, Skilled Nursing,
Teacher of Deaf and Hard of Hearing or Visually Impaired, Interpreter,
Psychological Services, etc.) for the fiscal period of July 1, 2003, through
June 30, 2004, and
WHEREAS, the Health Department has reviewed data from surrounding
counties, regionally, and services rendered within the County over the
last four years, including the rate history, and based upon the maximum
reimbursement allowed by SED, now therefore be it
RESOLVED, on recommendation of the Health and Human Services
and Budget and Capital Committees, That the Tompkins County Health Department
implement the Related Service Rates below, with the approval of the New
York State Education Department:
Preschool Special Education Programs
2003-2004 Related Service Rates
2002-2003 Rates 2003-2004 Rates
Related Service Sessions (up to 1 hour) Individual/Group Related Service
Sessions (up to 1 hour) Individual/Group
Speech Therapy $66.00/$40.00 Speech Therapy $60.00/$40.00
Physical Therapy $66.00/$66.00 Physical Therapy $60.00/$40.00
Physical Therapy Asst. N/A /$66.00 Physical Therapy Asst. N/A
/$40.00
Occupational Therapy $66.00/$66.00 Occupational Therapy $60.00/$40.00
Occupational Therapy Asst. N/A /$66.00 Occupational Therapy Asst.
N/A /$40.00
Counseling $40.00/$40.00 Counseling $60.00/$40.00
Teacher of Visually Impaired $40.00/$40.00 Teacher of the Visually
Impaired $60.00/$40.00
Teacher of Deaf & Hard-of-Hearing $40.00/$40.00 Teacher of Deaf
& Hard-of-Hearing $60.00/$40.00
School Health Services/Nursing $60.00 School Health Services/Nursing
$60.00
Psychological Services $100.00 Psychological Services $60.00
Psychological Services Coordination $40.00 Psychological Services Coordination
Omit service and cover under general service coordination
Service Coordination $30.00 Service Coordination $30.00
Interpreter $42.00 Interpreter $40.00
Audiological Services $66.00 Audiological Services $60.00
Assistive Technology Services $66.00 Assistive Technology Services
$60.00
Parent Counseling *Service not offered Parent Counseling $60.00
Program Aide per ½ hour $6.00 Program Aide per ½
hour $7.00
RESOLVED, further, That the Department is authorized to promulgate these related-service rates in future years, so long as the related service rates deemed appropriate by the Department do not exceed the education program rates established by the New York State Department of Education. SEQR ACTION: TYPE II - 20
Appointment(s)
It was MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:
Strategic Tourism Planning Board
Gary Stewart - Cornell representative; term expires December
31, 2004
Lynnette M. Scofield - Hotels, Bed and Breakfast representative;
term expires December 31, 2005
Tompkins Cortland Community College Board of Trustees
Eldred V. Harris - Tompkins County representative; term expires
June 30, 2007
Roxann Buck - Tompkins County representative; term expires June
30, 2012
Recess
Mr. Joseph declared recess from 8:08 p.m. to 8:16 p.m.
Executive Session
It was MOVED by Ms. Robertson, seconded by Mr. Todd, and unanimously
adopted by voice vote by members present, to enter into executive session
at 8:16 p.m. to discuss contract negotiations. The meeting returned
to open session at 8:33 p.m.
Addition of Resolution(s) to the Agenda
There were no resolutions added to the agenda
Withdrawal of Resolution(s) from the Agenda
Chair Joseph gave the appropriate committee chair permission to withdraw the following resolution(s) from the agenda:
Revision of Administrative Manual Policy 01-33 - SEQR Policy
Scheduling a Public Hearing on the 2004 Tompkins County Budget
and the 2004-2008 Tompkins County Capital Program
Report and Presentation of Resolution(s) from the Public Safety Committee
Mr. Totman, Vice Chair, reported the Committee met Thursday, July 31st for a Design Workshop with representatives of Jacobs Facilities. He said all Legislators received a copy of the basic presentation in their mailboxes and asked Legislators to read through the material for information purposes. At some point in the early Fall, a presentation will be given to the full Legislature to try and agree on the scope of the capital project for the Public Safety Building. The next meeting with the Jacobs group will be Thursday September 18th. Mr. Totman announced the August 7 meeting of the Public Safety Committee has been cancelled. The next regular meeting will be on Thursday, August 21st. At that meeting the Department of Emergency Response will provide the Committee with an overview of that Department and the Committee will review with the Sheriff the Administrative Study of the Sheriff’s Office prepared by the Division of Criminal Justices Services.
RESOLUTION NO. 161 - APPROPRIATION FROM CONTINGENT FUND - TERMINAL PAY – ASSIGNED COUNSEL
MOVED by Mr. Totman, seconded by Ms. McBean. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED.
WHEREAS, Assigned Counsel employee, Doreen Lauper, resigned from
service effective July 11, 2003, and
WHEREAS, the Fiscal Policy of Tompkins County allows for terminal
pay from the Contingent Fund, now therefore be it
RESOLVED, on recommendation of the Public Safety and Budget and
Capital Committees, That the Director of Finance is hereby authorized and
directed to make the following budget appropriation:
FROM: A1990.54440 Contingent Fund $3,536.29
TO: A1170.51000535 Administrative Assistant $2,581.50
A1170.58800 Fringes $ 954.79
SEQR ACTION: TYPE II-20
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Booth, Chair, had no report.
RESOLUTION NO. 162 - AWARD OF BID – ELEVATOR MAINTENANCE SERVICES
MOVED by Mr. Booth, seconded by Mr. Winch, and unanimously adopted by voice vote by members present.
WHEREAS, the Department of Finance - Division of Purchasing has duly
advertised for bids for Elevator Maintenance Services for Tompkins County,
and
WHEREAS, three (3) bids were received and publicly opened on June 12,
2003, and
WHEREAS, the bid received from Otis Elevator Company of East Syracuse,
New York, lacks pertinent information pertaining to experience and qualifications,
now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the bid from Otis Elevator Company be rejected as non-responsive,
RESOLVED, further, That the bid shall be awarded to ThyssenKrupp Elevator
of East Syracuse, New York, as the lowest responsible bidder with a bid
price of $17,352 annually,
RESOLVED, further, That the funds are available in Facilities
budget, Account No. 1620.54425.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 163 - AUTHORIZATION TO TRANSFER RESPONSIBILITY FOR
NEW DRIVEWAY CULVERT INSTALLATION TO
LANDOWNERS
MOVED by Mr. Booth, seconded by Ms. Kiefer. Mr. Joseph said he received a phone call from a constituent today and relayed that individual's comments to Mr. Booth. Mr. Joseph said the constituent feels new installations are the landowner's responsibility; however, roads, ditches, and culverts are the County's responsibility. The individual said if something were washed out and expenses were transferred to the landowner it would essentially be another tax increase. Mr. Booth provided assurance that this resolution does not do that. A voice vote resulted as follows: Ayes - 14; Noes - 0; Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Highway Division has historically been
responsible for installing driveway culverts in the County road right-of-way,
and
WHEREAS, in recent years the proliferation of such work combined with
other fiscal and workforce factors has led to the sacrifice of essential
maintenance, such as ditching, shoulder cutting, and roadside brush removal,
now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That property owners shall be responsible for the installation of driveway
culverts for new driveways in the County right-of-way in accordance with
County specifications, and directly pay for all the services of contractors
and materials,
RESOLVED, further, That new driveway culvert installations shall
only be performed by individuals that are certified by the Highway Division
as qualified to perform this work, as evidenced by fiscal accountability,
access to appropriate equipment, and certification of technical and safety
training,
RESOLVED, further, That the Highway Division shall provide technical
and safety training to contractors interested in installing new driveway
culverts and maintain a list of contractors that are qualified to perform
this work,
RESOLVED, further, That the Highway Division shall provide qualified
technical personnel to inspect private culvert installations and certify
the quality of workmanship,
RESOLVED, further, That a permit fee shall be maintained to offset
the cost of Highway Division training, design, and inspection services,
RESOLVED, further, That, at the discretion of the Highway Manager,
the efforts of County personnel and equipment previously dedicated to culvert
installation shall be redirected to roadway and roadside maintenance,
RESOLVED, further, That the Highway Manager shall develop a policy
regarding installation of private storm sewers, the replacement of existing
driveway culverts, and treatment of other roadside features.
SEQR ACTION: TYPE II- 20
Report and Presentation of Resolution(s) from the Consumer and Community Affairs Committee
Ms. Kiefer, Chair, reported the Committee met on July 16. The Committee heard a report from the Department of Motor Vehicles regarding staff shortages which have resulted in long lines recently. They are now back to full staff and the problem has been corrected. There was also discussion about a lack of restroom facilities for the public at that Department; efforts are being made to solve that problem as well. A brief discussion was held in regard to New York State's new eight-year license renewal period and how motor skills can deteriorate over that period which results in safety issues. This will also have budgetary implications for the Department of Motor Vehicles because there will be fewer license renewals coming through so they will get less money. The Board of Elections were also in attendance at the meeting and discussed the Help America Vote Act report. Ms. Kiefer said the Committee submitted comments on that report and requested that those comments be copied to the full Legislature. She reported Don Ellis, Director of Weights and Measures, has been the only employee in that Department since the other employee in the Department has been on disability since last Spring. Ms. Kiefer said Judy Tynyk will not be returning to work and the Committee is concerned about how that Department will keep up with its work when new stores open. She said Public Works staff has been assisting Mr. Ellis in clerical tasks.
RESOLUTION NO. 164 - INCREASE IN HOURS OF POSITIONS - TOMPKINS COUNTY CLERK'S OFFICE, MOTOR VEHICLE DIVISION
MOVED by Ms. Kiefer, seconded by Mrs. Schuler. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Legislator Proto); Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED.
WHEREAS, all positions of the title Motor Vehicle Examiner in
the Motor Vehicles Division of the County Clerk's Office currently exist
at 35 hours per week, and
WHEREAS, the position of Motor Vehicle Bureau Supervisor in the
Motor Vehicles Division of the County Clerk's Office currently exists at
35 hours per week, and
WHEREAS, an increase in the number of hours allotted to positions
in the titles of Motor Vehicle Examiner and Motor Vehicle Bureau Supervisor
is necessary and appropriate to cover the workload, now therefore be it
RESOLVED, on recommendation of the Consumer and Community Affairs
Committee, That the standard work week for all positions in the title of
Motor Vehicle Examiner (8/505), White Collar labor grade H (8), competitive
class, and the position of Motor Vehicle Bureau Supervisor (84/210), Management
grade N (84), competitive class, be increased from 35 to 37.5 hours per
week effective immediately,
RESOLVED, further, That no additional funding is needed for 2003.
SEQR ACTION: TYPE II-20
Report from the Government Operations Committee
Mr. Koplinka-Loehr, Chairman, had no report.
Report from the Planning, Development and Environmental Quality Committee
Mr. Lane, Chairman, reported the Committee met last week and heard from the Convention and Visitors' Bureau about tourism in Tompkins County. The Committee also reviewed the Planning Department's annual report. The next meeting will be August 6 at 2 p.m.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Penniman, Chairman, reported at the last meeting the Committee heard a preliminary report on budget figures for 2004. At that meeting Tom Herden of the Department of Social Services provided the Committee with information about mandate increases in Medicaid and other areas of that Department. Mr. Penniman said he will be making arrangements for the full Legislature to hear that report. The next meeting will be August 12. At that meeting the Committee will take a look at the 2004-2008 capital budget. Mr. Penniman reminded program committee chairs to begin thinking about September budget review meetings.
RESOLUTION NO. 165 - AUTHORIZING A PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. d OF 2003 –
AUTHORIZING TOMPKINS COUNTY TO JOIN THE CATSKILL REGION OFF-TRACK BETTING
CORPORATION
MOVED by Mr. Penniman, seconded by Mr. Booth. Ms. Robertson asked for the definition of a permissive referendum and what this would mean in terms of timing. Mr. Joseph said he will vote to support having a public hearing but he will not support bringing Off-Track Betting to Tompkins County. Ms. Herrera referred to an article that appeared in the Ithaca Journal last week that spoke of impact gambling and how its presence affects young people. She believes that the County would be promoting gambling by joining this and that the revenues are not guaranteed and that by inviting Off-Track Betting into Tompkins County the quality of life of this community would be negatively affected. Mr. Penniman said he, too, has concerns about issues related to Off-Track Betting and has no intention to bring a resolution forward to pass a local law until all questions have been answered. A voice vote resulted as follows: Ayes - 12, Noes - 2 (Legislators Herrera and Winch); Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED.
WHEREAS, by State law Tompkins County is eligible to participate
in the Catskill Off-Track Betting (OTB) Corporation, and
WHEREAS, conservative estimates indicate that establishing an OTB site
in Tompkins County would provide annual county revenue of approximately
$100,000 in the first year, and $200,000 - $300,000 per year thereafter,
and
WHEREAS, placing bets on horse races is a fairly specialized form of
gambling, and
WHEREAS, at present an unknown but substantial number of Tompkins County
residents pursue this form of recreation by traveling to neighboring counties
such as Cortland, Cayuga, Tioga, and Broome, all of which have OTB facilities,
and all of which thereby benefit from the betting revenues provided by
Tompkins County residents that would otherwise come to Tompkins County,
and
WHEREAS, the County Legislature does not desire to promote gambling,
but rather simply receive its share of revenue from the existing OTB Corporation,
and
WHEREAS, there are many other already-existing and easily accessed
games of chance and gambling promoted by New York State, such as bingo,
charity raffles, Quick Draw, New York State Lotto, Pick 10, Take 5, midday
and evening WinFour, midday and evening numbers (pick 3), scratch-off cards
with many different "games", and multi-state Mega Millions - all of which
are readily available throughout Tompkins County, and
WHEREAS, given this multiplicity of state-promoted legal opportunities
to gamble, none of which provide direct revenue to Tompkins County, now
therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That
a public hearing be held before the Tompkins County Legislature in the
Legislature's Chambers of the Tompkins County Courthouse, 320 North Tioga
Street, Ithaca, New York, on Tuesday, August 19, 2003, at 5:30 o'clock
in the evening thereof concerning proposed Local Law No. d of 2003
- Authorizing Tompkins County to Join the Catskill Region Off-Track
Betting Corporation. 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 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 from the Health and Human Services Committee
Ms. Robertson, Chair, reported the Committee met on July 17 and approved several resolutions on the Consent Agenda. The Committee heard from Lisa Holmes of the Office for the Aging on an evaluation of the Project Care Program. A report was also given by Carol Mallison on McGraw House, which provides housing to senior citizens. Marge Dill, Executive Director of the Human Services Coalition, updated the Committee on the status of programs through the Advocacy Center, Special Children's Center, and the CVSA (Crime Victims of Sexual Assault). Shane Jaynes of the Mental Health Department provided the Committee with a report about the Dual Diagnosis program, which is entirely grant funded. Mr. James coordinates agencies and tries to break down barriers between addiction services and mental-health services. Mr. Deluca, Mental Health Commissioner, provided the Committee with a report on the (Single Room Occupancy) residence and stated this will be a facility with up to 25 beds. This is a program that existed approximately 25 years ago but the building burned down and there has not been a program since that time. Ms. Robertson said there is now State funding for this and Mr. Deluca is very encouraged about making this happen in a very short time. She noted it would only cost $5,000 in local money annually to support 25 individuals with needs for support to live independently. This would greatly help the Emergency Shelter caseload which costs $1 million per year. The Committee will meet tomorrow at 1:30 p.m. and will have a discussion on the Recreation Partnership.
Report and Presentation of Resolution(s) from the Communications Capital Projects Committee
Mr. Penniman, Vice Chairman, had no report.
RESOLUTION NO. 166 – TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE IN REGARD TO TOWER
CONSTRUCTION AT THE EMERGENCY RESPONSE CENTER
MOVED by Mr. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by members 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 100’ monopole tower at the new Emergency Response Center,
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 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 dated July 17, 2003.
SEQR ACTION: Unlisted
(Full Environmental Assessment form is on file in Clerk's Office)
Report from the Space Needs and Location Committee
Mr. Proto, Chairman, reported the next meeting will be August 13th.
Adjournment
On motion the meeting adjourned at 9:06 p.m.
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