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: 14 Legislators; Excused – 1 (Legislator Penniman); Ms. Blanchard was excused at 8:30 p.m.
Moment of Silence
Chair Joseph has requested that the American flag on County buildings be flown at half-staff and asked for a moment of silence for fellow citizens who were lost or are suffering as a result of Hurricane Katrina.
Presentation of Proclamation(s)
Chair Joseph presented a proclamation in recognition of the fifth anniversary of Tompkins County Community Foundation. Mr. Ferrari, Executive Director, accepted the proclamation and expressed appreciation for all the work done by Community Foundation.
Privilege of the Floor by the Public
Terry Sharpe, President of the United Auto Workers 2300, spoke of the contract negotiations for Tompkins Consolidated Area Transit (TCAT) workers, noting that the change of some from CSEA union to the UAW has resulted in a net dollar loss for them. She spoke of the lack of wage increases since 2004 and compared local wages for drivers to those in Binghamton, Syracuse, and Rochester. Ms. Sharpe also expressed concern that seventy-four percent of riders are connected to Cornell University who only pay $.88 per ride versus the $1.50 for the general public. She feels that it should be more equitable. Ms. Sharpe stated she would like to know why county and city residents are subsidizing Cornell University.
Marc Dantzker, Danby resident, spoke of the communications tower being proposed adjacent to his property on East Miller Road. He is concerned with the visual impact this tower will have on his property, noting he recently spent a great deal of money to improve it. While he expressed an understanding for the need for the emergency service communication tower, he hoped that it would be possible to review alternative locations to lessen the impact. He has spoken with Mr. Shurtleff, Emergency Response Director, who said there is another site at a higher elevation, but Mr. Dantzker's neighbor offered a cheaper site. He said alternatives can be looked at after the environmental report, but acknowledged that later in the process it will be harder to change locations. Mr. Dantzker said he looked at other proposed sites and feels that due to the proximity of the tower, his property would be facing the greatest negative impact if the tower were constructed. Mr. Dantzker asked that a complete analysis be done to determine if another suitable location could be utilized.
Privilege of the Floor by Legislators
Mr. Joseph, District No. 12 Legislator and Chair, read the following statement:
"The devastation of Hurricane Katrina is a monumental catastrophe. The response from our national government is a monumental disgrace. The people of New Orleans and other areas along the Gulf Coast called desperately for help and nothing came. I listened to a FEMA official deny that there were people in the New Orleans Convention Center without food or water, while a reporter stood in that hall and interviewed those people. I saw pictures of people standing on highway overpasses, on the tops of buildings or on any high spot they could find, waiting desperately to be rescued. And I heard a cabinet secretary declare that everything was under control, that rescue efforts were reaching those in need, that food, water and medical supplies had been delivered where they were needed, and that the evacuation was under way.
"Some people survived for days in the blazing sun, without water, without food, without sanitation, waiting to be rescued or evacuated. Others did not. They waited, and they died. Just yesterday we heard reports of residents in a nursing home who drowned on Friday, four days after the hurricane hit, four days after they were promised they would be picked up and evacuated. For four days they waited. And then they died.
"This is what homeland security is all about. When disaster strikes, either from terrorism or from natural causes, our emergency response teams need to be in motion within hours, not days or weeks. Helicopters and boats should be moving to rescue those whose lives are in danger. Trucks and busses should be rolling to bring supplies to the survivors and to evacuate them from the devastated areas. But four years after 9/11 our disaster preparedness completely collapsed. For four years we’ve been told that homeland defense and disaster readiness were our government’s top priorities, but when the levees around New Orleans were known to be in dangerous condition, there was no money to fix them. When they broke and rescue and relief forces were needed, they didn’t come.
"The news media moved in and out of the city and the other devastated areas along the Gulf Coast telling and showing us what was going on, but official sources seemed to know nothing and to be doing nothing. The people of this country have responded to the disaster with compassion and generosity. They have said what they always say, “we are all in this together. These are my brothers and sisters and I will be there for them in their time of need.”
"But we are led by a government that operates by a different code, a government that believes in every man for himself and let the losers fall by the wayside. A government that regards government itself as a burden upon the people rather than the way the people organize themselves to meet their most fundamental needs; needs such as rescue and relief in the face of disaster. Grover Norquist, one of the leading thinkers of the conservative movement said, "I don't want to abolish government. I simply want to reduce it to the size where I can drag it into the bathroom and drown it in the bathtub." New Orleans is that bathtub. It is full of water, and our national government is drowning in it.
"And the response of Grover Norquist and our leaders in Congress is that now we must move ahead immediately with eliminating the estate tax on the wealthiest one percent of Americans. Now, in the face of unimaginable disaster, in the face of vast human suffering, in the face of the monumental task of rebuilding New Orleans and the rest of the devastated Gulf Coast, the nation rallies around and asks, what can we do to help? And our government responds, more tax cuts for the rich. They should be ashamed, but they have no shame.
"So, as the people drown in the bathtub of New Orleans, let this government drown with them. And as we rebuild New Orleans we will rebuild our government as well. A government worthy of a great people. One that recognizes that we are all in this together and that what befalls the least of us, befalls us all."
Mr. Totman, District No. 9 Legislator, referred to a flyer provided to Legislators announcing the first contracted easement in the State under the United States Department of Agriculture's Grassland Reserve Program (GRP). At this time he asked Ms. Blanchard to fully explain the program. Ms. Blanchard said the easement is for 50.66 acres located on the Eddy Farm on Bostwick Road. This easement guarantees the area will always be maintained as grasslands, with strict regulations that no mowing of the area can be done until mid-July to preserve nesting areas. She explained it is a pilot program with the next easement to be contracted in Seneca County. Ms. Blanchard said she was inspired that the first discussions to do so came from the Soil and Water Conservation staff, noting Mr. Totman's devotion to these efforts.
Mr. Totman then spoke of the length of time the County has worked on the emergency communications project and it's now progressing to the point of constructing towers. He said there is a tower on Sincerbeaux Road in Groton that is five hundred feet from the property owner's house; the owner approves of that tower as he knows its importance to the community.
Mr. Totman then expressed a concern that the matter of the open-burning regulations is being determined by appointed officials rather than elected officials; he feels it is the Legislator's duty to make such determinations.
Ms. Robertson, District No. 13 Legislator, spoke of the open burning regulations, stating she is pleased that medical experts are looking into health concerns of open-burning and that action is being taken to regulate open burning. She feels that members appointed to the Board of Health have the expertise required to make a determination as well as State law providing the authority.
Ms. Robertson then spoke of the changes in Medicare prescription plans, noting it is very complicated and will require educating individuals. She spoke of a program to be presented by the Fingerlakes Independence Center on October 4 at 1:00 p.m. to explain the changes in the program. For individuals not able to attend she recommended calling the County Office for the Aging for other dates.
Ms. Robertson expressed her sorrow for those affected by Hurricane Katrina, noting that New Orleans has the highest percentage of individuals without vehicles. She expressed disbelief that while the President said the Federal Emergency Management Agency is doing a good job there are reports of dysfunction relating to trucks being turned away, volunteers not knowing where to go, and hospital ships sitting awaiting deployment orders.
Mr. Lane, District No. 14 Legislator, said although the devastation in the Gulf is heart-wrenching, some individuals are seeking ways to exploit the problem of oil shortages. He believes that not only will local residents but residents nationwide as well be hurt by this. Mr. Lane said there are discussions of releasing reserves but refineries are down. He likened it to the 1970's oil embargo that created a tailspin inflation and that the outcomes of the oil shortages needs to be thought of during budget discussions. He said the discussions on eliminating sales tax on fuel is not clearly laid out and may also affect the local budget; he is concerned legislation at a higher level may adversely affect our community.
Mr. Proto, District No. 7 Legislator, does not believe there is anyone who is not saddened by the destruction of Hurricane Katrina. He said anyone having lived through disasters or wars understands that sometimes you cannot react quickly enough; rather than find blame he believes a reassessment should occur regarding hazard mitigation plans and how to help. Mr. Proto said he would like to focus on the work of such agencies as American Red Cross, Salvation Army, and others who are providing relief efforts. He said while people are offering to help there will be a great deal of criticism; he would rather reserve judgment and concentrate on the positives that will come of this.
Mr. Proto announced that the annual Vietnam Veteran's Watchfire will be occurring on Friday, September 16, at Myers Park in Lansing.
Ms. Herrera, District No. 5 Legislator, commented about the TCAT employees present outside the building and UAW President Terry Sharpe's comments. Ms. Herrera said that the TCAT employees are taxpayers too, and are not trying to cause a financial hardship for taxpayers; rather, they are asking Cornell University to pay its fair share. Ms. Herrera said it is the goal of the TCAT Board to have the fares as well as the wage and benefit package be fair to the public and the employees.
With regard to Hurricane Katrina she said there is plenty of blame to go around as this was a massive failure of public policy. Ms. Herrera said that because so many low-wage and unemployed individuals have been affected, this is an opportunity for a jobs program to train survivors and utilize their help in repairing and rebuilding the infrastructure. She said that this is an example of why government exists; rather than slashing government and its programs, government exists, as Tim Joseph just said, in order for people to assist those less fortunate and to help out in times of crisis. Ms. Herrera believes that this tragedy will precipitate a demographic shift.
Mr. Winch, District No. 8 Legislator, said he is proud to be an American this week. He spoke of all the different government factions coming forward to assist in alleviating the devastation caused by Hurricane Katrina, as well as the outpouring of donations by citizens to organizations who are putting forth the effort to help fellow citizens in their time of need. Mr. Winch said the American citizen is a survivor who helps his brothers and sisters in time of need and he is pleased with the things being done by independent groups.
Mrs. McBean-Clairborne, District No. 2 Legislator, expressed her feelings about activities that have occurred and said the images of fellow citizens is troubling to her and recalled actions in the past for political emergencies in Haiti, Grenada, and following Hurricane David. She feels that New Orleans was looked upon as a city of no value in our own country. She expressed appreciation for work being done by the American Red Cross and wishes she could join them, however, she feels she can assist through stating her opinions of the actions being taken. Mrs. McBean-Clairborne said some people did not have the means to leave the area, others did not believe it could happen, others were not sure how to do things and where to go or the need for assistance. She questioned whether bus services had been made available.
Ms. Robertson stated a meeting will be occurring on September 7, 2005, to discuss what resources the County may have that can be used to assist refugees of the hurricane. She said members of public safety areas, Department of Social Services, Better Housing for Tompkins County, and other agencies will discuss what can be done by local governments.
Mr. Booth, District No. 3 Legislator, said that although he did not vote for President Bush he is bothered by the very partisan character of comments made about the New Orleans situation. He believes the federal response in New Orleans should have occurred sooner and in a more productive manner. However, the logistics of moving 100,000 people are very difficult and cannot be done in a day. He noted that the results of most major disasters will unfortunately result in lower income individuals being hit particularly hard. Mr. Booth said a similar weather-related tragedy in the Adirondacks would also hurt many poor people. He then spoke of the false sense of security provided by the flood insurance protection program designed and paid for by the government and noted that a similar tragedy could hit any major city located along a coastline. Mr. Booth said that most of the harm that occurred in New Orleans was largely a result of a huge volatile storm that moved around substantially. He also said that had the storm hit New Orleans harder the losses could have been far greater. He spoke of having visited New Orleans and that while a beautiful city it struck him as being a city waiting for disaster due to the huge adjacent lake above the level of the city; he left the city believing it was living on borrowed time. Mr. Booth feels the New Orleans tragedies were the result of thousands decisions made by every level of government over the course of many years and by both major political parties. He believes the nation will share the cost of rebuilding the area but questioned if New Orleans should be rebuilt at that location. He spoke of the elimination of wetlands that help prevent coastal areas from being destroyed, as well as other things that should have been done and were not.
Ms. Kiefer, District No. 10 Legislator, expressed appreciation for Mr. Joseph's comments. She believes to say there has been breathtaking incompetence is not a partisan statement, that the county has come face-to-face with segregation and poverty. She believed Ms. Herrera's statement regarding JOBS was a constructive suggestion.
Ms. Kiefer announced that the Water Resources Council Recreation Committee has chosen Saturday, September 24 at 9:00 a.m. to clean up the southern end of Cayuga Inlet. She then announced the "St. Patrick's Four" will be on trial in Federal court in Binghamton for actions taken at a recruiting station in Lansing, New York. Although found not guilty locally the matter was turned over to the Federal Court system. Ms. Kiefer said this is the only Federal conspiracy trial against war activist action being taken in the County. She then announced a local effort to alleviate crisis in the Gulf states will take place in DeWitt Park on September 7 hosted by Pastors for Peace interfaith group.
Mr. Todd, District No. 6 Legislator, reported the Lansing Park and Ride lot had at least twice as many vehicles in it as usual, which he attributes to the rising cost of gasoline. He then said he believes the Open Burn issue is not as great as it could have been in the past; he said there is virtually no open burning in his area and believes this habit has diminished.
Report from Municipal Official
There was no municipal official present.
Report from the Chair
Mr. Joseph reported he received information from New York State Association of Counties (NYSAC) that the tobacco refinancing the County did not participate in had produced substantially more money than projected. As a result NYSAC is moving ahead with a second round of the tobacco refinancing and Mr. Joseph believes it may be worthwhile to review the matter. He remains skeptical that bond holders and investors are providing such a high rate of return but feels since the original vote was so close it should be reviewed. He then spoke of the graph provided to Legislators that indicated the jail population for the County had originally been parallel to statewide trends, however starting with 2000 the county jail population declined while the balance of the state appears to be increasing. Mr. Joseph then spoke of the meeting regarding Hurricane Katrina relief, and said the county is discussing what it can offer in terms of refuge for evacuees. The meeting should provide information on how many individuals can be absorbed in the community and what it will mean.
Mr. Lane requested the jail population graph be sent to the New York State Corrections Commission to review and provide a response to the trends seen.
Report from the American Red Cross
Mike Raffe of the American Red Cross provided the Legislature with a brief report of local efforts to assist in Hurricane Katrina relief. He thanked local residents for their calls and volunteer work, as well as donations of blood and food and money. Mr. Raffe said of the American Red Cross volunteers in the disaster area, 5.5 percent came from Tompkins County, which is a very responsive and high per capita figure. Locally, he has held several meetings to discuss emergency preparedness, the last one in Newfield was attended by approximately 150 individuals.
Mr. Raffe said the recovery from the storm will be between six to nine months and presently it is still in the response phase. To date the highest number of individuals housed in Red Cross shelters was 150,000, and last night's figures showed 132,000 individuals. He anticipates that as local community shelters are shut down due to lack of supplies the number will increase. He indicated how the local volunteers have been assisting in the effort and stated that the American Red Cross would not allow the volunteers and employees to actually enter New Orleans due to the hazardous climate.
Mr. Raffe spoke of the Family Reunification System that is being used during the disaster that will help connect families across the nation as well as internationally. Locally, he said food pantries most likely would be affected due to the shift of some food supplies to the disaster area. He said States neighboring the disaster area have been hit hard by the influx of refugees; discussions are underway to seek the support of the northeastern United States to accept refugees in their area. Mr. Raffe asked that there be continued support for employees trained to help in these disasters, encouraged others to volunteer in other ways, as well as being prepared within their homes.
Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Lane, Chairman, reported the Committee met twice since the last meeting with most of the work reflected in resolutions on the agenda. He said the Committee continued to review budget requests from agencies and departments. He noted that the resolutions include land presently owned by the County that is being transferred to the New York State Parks as well as a resolution providing a veteran's exemption on real property tax. Mr. Lane said the figures reported by the Assessment Department were total figures for the exemption.
Mr. Lane reported that the Committee talked at length regarding the new Help America Vote Act (HAVA) regulations and how it will affect the County's costs. While it is known that there will be additional costs due to regulations regarding equipment it is unknown what level of reimbursement may be provided by the Federal and State governments. He stated the State regulations allow the County to charge back expenses to the Towns and the City for expenses related to the centralization requirement. The Budget and Capital and Government Operations Committees determined to hold harmless the Towns and City for expenses above what the last presidential year elections was and slowly reduce their responsibility. Ms. Blanchard asked if the Towns and City were familiar with the proposal and was informed the topic was discussed at the municipal officials meeting as well as with the Board of Elections personnel.
Mr. Totman inquired if the figure provided included the potential exemption if all veterans applied. Mr. Franklin of the Assessment Department stated that the figures shown were based upon the present exemption applications and is subject to change as new applicants come forward.
RESOLUTION NO. 164 - ADOPTION OF LOCAL LAW NO. 4 OF 2005 - A LOCAL LAW IN RELATION TO THE ALTERNATE VETERANS EXEMPTION FOR REAL PROPERTY TAXES (REPEALS LOCAL LAW NO. 1 OF 1997)
It was MOVED by Mr. Lane, seconded by Mr. Totman, to adopt the following resolution. A voice vote resulted as follows: Ayes - 13; Noes - 1 (Legislator Blanchard); Excused - 1 (Legislator Penniman). RESOLUTION ADOPTED.
WHEREAS, the Government Operations Committee reviewed
the Alternate Veterans Exemption for Real Property Taxes and determined
it was appropriate to amend it accordingly, and
WHEREAS, a public hearing was held before the Tompkins
County Legislature on June 21, 2005, to hear all persons interested in
proposed Local Law No. 4 of 2005 - A Local Law in Relation to the Alternate
Veterans Exemption for Real Property Taxes (repeals Local Law No. 1 of
1997), now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That proposed Local Law No. 4 of 2005 - A Local Law in Relation
to the Alternate Veterans Exemption for Real Property Taxes (repeals Local
Law No. 1 of 1997), 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
Addition of Resolution
It was MOVED by Mr. Lane, seconded by Mr. Koplinka-Loehr, and unanimously approved by voice vote of members present, to add the following resolution to the agenda: Charge Back of Election Expenses - Board of Elections (revised version).
RESOLUTION NO. 165 - CHARGE BACK OF ELECTION EXPENSES - BOARD OF ELECTIONS
It was MOVED by Mr. Lane, seconded by Mr. Totman, to approve the following resolution. In response to Mr. Winch's inquiry, Mr. Lane stated it was added to the agenda due to upcoming expanded budget meetings taking place prior to the next Legislature meeting as well as to provide the Towns and City with the ability to appropriately prepare their budgets for 2006. Mr. Winch said he will not support the resolution as he has not had the opportunity to discuss it with his Towns in advance. Ms. Kiefer stated that under HAVA each county has the option to charge for everything; since there will now be consolidation at the County level it seemed reasonable to take over the cost. She noted it would be nice if the towns could reduce their taxes by this amount. Mr. Koplinka-Loehr said Mr. Squires clarified that not all costs are charged back, some costs are presently borne by the town.
Ms. Robertson said the purpose is to have the Towns and City pay what they previously have, with the County assuming costs above this figure, which would then be slowly assumed by the County over a five-year period. Mr. Winch said while he understands this, he believes that the overall costs will increase when the County absorbs this duty as well as the possibility of requiring additional staff for the Board of Elections. Since he has not had an opportunity to ask questions of staff he will not support the resolution.
In response to a question from Ms. Schuler on the overall expenses, Mr. Lane said taking over duties will cost the County more due to the HAVA regulations. Ms. Robertson said finding elections inspectors is difficult and the pay has been varied and low; she hopes that the County will be able to recognize this critical position and reimburse individuals at an appropriate level. She also stated with the County taking over this duty she hopes local taxes could decrease as a result.
A voice vote on the motion resulted as follows: Ayes - 12; Noes - 2 (Legislators Todd and Winch); Excused - 1 (Legislator Penniman). RESOLUTION ADOPTED.
WHEREAS, New York State has adopted legislation revising
the Election law to provide that counties will assume all responsibility
from towns and cities for administering elections commencing after November
15, 2005, and that Counties have the authority to charge these costs back
to towns and cities, and
WHEREAS, at present, election expenses attributable to
Towns and the City of Ithaca are charged back by Tompkins County to those
municipalities, and
WHEREAS, for 2005, the County will continue to charge
back expenses as in prior years, and
WHEREAS, it is anticipated that election expenses will
increase substantially commencing in 2006, and
WHEREAS, it is appropriate that if Tompkins County has
the responsibility for administering elections, including such things as
setting the rates of pay for election workers, it also have the responsibility
of paying for those costs, and
WHEREAS, the Towns, City, and the County need to be able
to plan in their budgets for the election expenses they will need to pay
in 2006 and beyond, and
WHEREAS, it would be financially difficult for Tompkins
County to assume all of the current election expenses in one budget year,
now therefore be it
RESOLVED, on recommendation of the Government Operations
and the Budget and Capital Committees, That in 2006, Tompkins County will
charge back to the Towns and City an amount not exceeding that charged
back in 2004, the last full year containing Presidential primary elections,
RESOLVED, further, That the cost of election workers
shall be charged back at the same rate paid by the Towns and City in 2004,
RESOLVED, further, That commencing in 2007, the amount
charged back to the Towns and City in 2006, will be reduced by 20 percent
of the 2004 amount per year until the County assumes full payment of the
expenses.
SEQR ACTION: TYPE II-20
Explanation: The intention of this resolution is twofold - first that in 2006 individual towns and the City of Ithaca will not pay more for all election expenses (including but not limited to cost for election inspectors and maintenance) than they did in 2004; and second, that over five years beginning in 2007 the County will eventually assume responsibility for paying all election expenses.
Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, reported the Committee met prior to the meeting to discuss items included on the agenda. The Committee will meet next on September 7, at which time there will be preliminary budget discussions regarding Soil and Water Conservation District, Tompkins Consolidated Area Transit (TCAT), and Tompkins County Area Development. In addition, the Committee will act on resolutions regarding the Empire Zone Designation, and the Creation of a Capital Reserve Fund for Natural and Recreational Resource Protection.
RESOLUTION NO. 166 - APPROVING THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $50,000,000 AGGREGATE PRINCIPAL AMOUNT VARIABLE RATE DEMAND CIVIC FACILITY REVENUE BONDS (ITHACA COLLEGE PROJECT), SERIES 2005, IN ACCORDANCE WITH SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE") (REPLACES AND RESCINDS RESOLUTION NO. 156 OF 2005)
It was MOVED by Ms. Herrera, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present.
WHEREAS, the Tompkins County Legislature (the "Legislature"),
as the elected legislative body of Tompkins County, New York (the "County")
has been advised by the Tompkins County Industrial Development Agency (the
"Issuer") that, in order to assist in the financing of a certain Project
(as defined below) for the benefit of Ithaca College (the "College") the
Issuer proposes to issue, contingent upon the adoption of this Resolution,
its Variable Rate Demand Civic Facility Revenue Bonds (Ithaca College Project),
Series 2005, in an aggregate principal amount not to exceed $50,000,000
(the "Bonds"), and
WHEREAS, the project (the "Project") shall consist of:
(A) (1) the advance refunding of a portion of the outstanding Dormitory
Authority of the State of New York (the "Authority") Ithaca College Insured
Revenue Bonds, Series 1998 issued in the original principal amount of $54,670,000
(the "1998 Bonds"), the proceeds of which portion of the 1998 Bonds were
used to finance a certain project consisting of: (i) the construction,
renovation, equipping and repair of certain buildings on the College's
750-acre main campus on Route 96B in Ithaca, New York (the "Campus") including
Ford Hall, which houses the College's School of Music, Gannett Center,
which houses the College's library, including window replacement and interior
renovations, Dillingham Center, which houses the College's performing arts
programs, including theater acoustical improvements and interior space
reallocation, and the expansion and resurfacing of two Campus parking lots
(collectively, the "1998 Facility"), (ii) the purchase of a surety bond
to fund a debt service reserve fund as security for the Series 1998 Bonds,
and (iii) to pay certain costs of issuance of the Series 1998 Bonds and
(2) the advance refunding of a portion or all of the Authority's Ithaca
College Insured Revenue Bonds, Series 1997, issued in the original principal
amount of $42,645,000 (the "1997 Bonds"), the proceeds of which were used
to finance a certain project consisting of (a) (i) the construction of
an approximately 55,700 square foot addition to Ford Hall, including the
construction of additional faculty offices and studios, a formal recital
hall and labs for computers, instrument repair and electronic music; (ii)
the renovation of a portion of the Terrace Residence Halls, including upgrades
to provide for code compliance and greater accessibility for the physically
disabled; (iii) the renovation of Smiddy Hall to provide additional facilities
for the College's School of Health Services and Human Performance, including
space for academic programs in physical therapy, occupational therapy,
exercise and sport science, and health promotion and human movement; (iv)
the construction of an approximately 40,000 square foot recreation and
fitness center including facilities for recreational, fitness, intramural
and other sports activities; (v) campus-wide renovations and infrastructure
improvements including installation of mandated sprinklers in various residence
halls, government-required replacement of certain chillers and the renovation
of existing space (collectively, the "1997 Facility"); (b) the advance
refunding of a portion of the Authority's College and University Variable/Fixed
Rate Insured Revenue Bonds (1985 Pooled Capital Program), Series A and
College and University Variable/Fixed Rate Insured Revenue Bonds (1985
Pooled Capital Program), Series B (collectively, the "Series 1985 Bonds")
allocable to loans made by the Authority to the College, the proceeds of
which loans were used to finance the construction of a facility to house
the College's School of Communications, a student union, dormitory and
general improvements to the College's physical plant (collectively the
"1985 Facility") (the 1985 Facility, the 1997 Facility and the 1998 Facility
being hereinafter collectively referred to as the "Facility"), (iv) the
purchase of a surety bond to fund a debt service reserve fund as security
for the Series 1997 Bonds and (v) to pay certain costs of issuance of the
Series 1997 Bonds; and (B) paying certain costs incidental to the issuance
of the Bonds (the costs associated with (A) and (B) above hereinafter referred
to as "Project Costs" or the "Costs of the Facility"), and
WHEREAS, the Project involves a "Type II Action" as said
term is defined in Article 8 of the Environmental Conservation Law and
Regulations adopted pursuant thereto by the Department of Environmental
Conservation of the State (collectively, "SEQR") and therefore no further
action is required under SEQR, and
WHEREAS, pursuant to Section 147(f) of the Internal Revenue
Code of 1986, as amended (the "Code"), interest on the Bonds will not be
excluded from gross income for Federal income tax purposes unless the issuance
of the Bonds is approved by the Legislature of Representatives after a
public hearing to consider the issuance of the Bonds has been conducted
following reasonable public notice, and
WHEREAS, on September 1, 2005 the Issuer held such a
public hearing upon proper notice in compliance with the Code, and
WHEREAS, to aid the Legislature in its deliberations,
the Issuer has made available to the members of the Legislature prior to
this meeting (a) the College's application to the Issuer for financial
assistance; (b) the notice of public hearing published by the Issuer in
The Ithaca Journal, along with the affidavits of publication of such newspaper
and (c) Michael Stamm, as a representative of the Issuer, attended the
public hearing and stated at this meeting that there was no public comment
and that the minutes of such public hearing held on September 1, 2005 would
reflect that no public comments were received, and
WHEREAS, the Legislature, after due consideration of
the foregoing, as the "applicable elected representative" of Tompkins County,
New York, within the meaning of Section 147(f)(2)(E) of the Code, desires
to approve the issuance of the Bonds, provided the principal, premium,
if any, and interest on the Bonds shall be special obligations of the Issuer
and shall never be a debt of the State of New York (the "State") or any
political subdivision thereof, including without limitation the County,
and neither the State nor any political subdivision thereof, including
without limitation the County, shall be liable thereon, now therefore be
it
RESOLVED, on recommendation of the Planning, Development
and Environmental Quality Committee, That:
Section 1. For the purpose of satisfying the approval
requirement of Section 147(f) of the Code, the Legislature hereby gives
its approval of the issuance by the Issuer of its Bonds and related acts
to be taken by the Issuer as part of the Project, provided that the Bonds,
and the premium (if any) and interest thereon, shall be special obligations
of the Issuer and shall never be a debt of the State or any political subdivision
thereof, including without limitation Tompkins County, and neither the
State nor any political subdivision thereof, including without limitation
Tompkins County, shall be liable thereon. This approval is given
pursuant to Section 147(f) of the Code for the sole purpose of qualifying
the interest payable on the Bonds for exclusion from gross income for Federal
income tax purposes pursuant to the provisions of Sections 103 and 141-150
of the Code.
Section 2. This Resolution shall be deemed to be made
for the benefit of the holders of the Bonds.
Section 3. This resolution hereby replaces
Legislature Resolution No. 156 of 2005, and Legislature Resolution No.
156 of 2005 is hereby rescinded.
Section 4. This Resolution shall take effect immediately.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 167 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 168 OF 2005
It was MOVED by Ms. Herrera, seconded by Mr. Lane, and unanimously adopted by voice vote by members present.
WHEREAS, in Resolution No.168 of 2005, the Tompkins County
Legislature would authorize the County Administrator to execute a deed
with the New York State Office of Parks, Recreation and Historic Preservation
for the sale of tax parcel no. 31.-2-14 in the Town of Ithaca, and tax
parcel nos. 1.-1-12.21 and 1.-1-12.25 in the Town of Danby, 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. 168 of 2005 is
an unlisted action,
RESOLVED, further, That the County Legislature hereby
makes a negative declaration of environmental significance in regard to
Resolution No. 168 of 2005.
SEQR ACTION: Unlisted
(Short EAF and Negative Declaration on file with Clerk
of the Legislature)
________________
RESOLUTION NO. 168 - AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A DEED WITH THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE SALE OF TAX PARCEL NO. 31.-2-14, LOCATED IN THE TOWN OF ITHACA, AND TAX PARCEL NOS. 1.-1-12.21 AND 1.-1-12.25, LOCATED IN THE TOWN OF DANBY
It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present.
WHEREAS, the County acquired the 7.64 acre tax parcel
no. 31.-2-14 (Parcel A) in the Town of Ithaca in 1942 and used the parcel
to store materials for the Highway Division, and
WHEREAS, Parcel A was identified in the 1998 County Land
Inventory and each subsequent update to the Inventory as surplus land that
should be sold only under conditions that would protect the site’s important
natural features, and
WHEREAS, Parcel A contains many significant features,
including the 100-year floodplain for Cayuga Inlet, New York State Freshwater
Wetlands, National Wetlands Inventory Wetlands, Unique Natural Area “Fleming
Meadow,” County Comprehensive Plan’s Natural Features Focus Area “The Gorges,”
Black Diamond Trail Corridor – Priority project in New York State Open
Space Conservation Plan, and possible location of Native American artifacts
associated with Coreorgonel settlement, and
WHEREAS, the County approached the New York State
Office of Parks, Recreation and Historic Preservation (State Parks) about
the State acquiring Parcel A to preserve its unique functions and values
as an addition to Buttermilk Falls State Park, and
WHEREAS, State Parks has made a purchase offer
for Parcel A of $19,000.00, and
WHEREAS, the County acquired the 1.33 acre tax
parcel no. 1.-1-12.21 (Parcel B) and the adjacent 3.01 acre tax parcel
no. 1.-1-12.25 (Parcel C) in the Town of Danby in 2003 through the foreclosure
process, and
WHEREAS, Parcels B and C were identified in the 2004
Inventory of Tompkins County-Owned Land as surplus lands that should be
sold under conditions that would strive to preserve trail connection potential
and natural features, and
WHEREAS, Parcels B and C contain many significant features,
including Unique Natural Area “Lick Brook and Inlet Valley Slopes,” and
a segment of the Finger Lakes Trail that could provide a permanent connection
between Buttermilk Falls State Park trails and the Finger Lakes Trail,
and
WHEREAS, the County approached the New York State
Office of Parks, Recreation and Historic Preservation (State Parks) about
the State acquiring Parcels B and C to preserve unique functions and values
as an addition to Buttermilk Falls State Park, and
WHEREAS, State Parks has made a purchase offer
for Parcel B and C of $9,100.00, and
WHEREAS, County Administrative Policy No. 01-07 (Land
Transactions) requires that whenever the Legislature decides to negotiate
a sale for less than the fair market value for real property, the resolution
conveying the property shall clearly state the public purpose served by
conveying for this price and it shall include the estimate of the fair
market value of the property at its highest and best use as prepared by
the Assessment Department, and
WHEREAS, the Assessment Department has determined
that the fair market value of Parcel A is $22,000, Parcel B is $2,400,
and Parcel C is $9,600 (Parcel B and C combined total of $12,000), and
WHEREAS, the reason that this property is being
conveyed for less than fair market value is to enhance Buttermilk Falls
State Park, one of the County’s premier tourist attractions, increase recreational
opportunities for residents of the County, and protect significant unique
natural areas in the County, now therefore be it
RESOLVED, on recommendation of the Planning, Development
and Environmental Quality Committee, and the Government Operations Committee,
That the purchase offer submitted by State Parks on June 8, 2005 is confirmed
and that the County Administrator is authorized to execute the deed and
closing paperwork.
SEQR ACTION: Unlisted
(Short EAF on file with the Clerk of the Legislature)
RESOLUTION NO. 169 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. g OF 2005 – A LOCAL LAW AUTHORIZING THE COUNTY OF TOMPKINS TO MAKE APPLICATION FOR DESIGNATION OF CERTAIN AREAS WITHIN THE COUNTY OF TOMPKINS AS AN EMPIRE ZONE
It was MOVED by Mr. Lane at Ms. Herrera's request, seconded by Ms. Blanchard. Mr. Proto requested clarification of the statements made at the Planning, Development and Environmental Quality Committee meeting regarding the Empire Zone program; he heard nothing is being done at the State level and did not understand why the County is undertaking this process. Mr. Lane deferred to Ms. Blanchard, who explained that recent legislation at the State level will allow the eleven counties and an area in New York City Chinatown to make application to receive Empire Zone designation. She recently attended a training in Albany and learned the twelve areas will be awarded the designation by awarding three areas each year over the next four years. Although it is unlikely the County would receive the designation immediately the resolution allows the County to be included in the process. The deadline for application is September 29, 2005, and requires a public hearing and passage of a Local Law. Ms. Blanchard said information providing the exact locations of the Empire Zone designation within the County will be made available by September 12, 2005.
Mr. Lane said passage of the resolution and Local Law will indicate an interest in continuing the program and a commitment for it as well. Although he believes the designation of these zones will be a political process he would like State Legislators to know Tompkins County would like to have the same opportunities as other counties that the designation provides. Ms. Blanchard also noted it appears the State is leaning more to the original concept of the zones being utilized to rebuild urban areas and provide jobs as well as manufacturing development.
Mr. Todd was excused at 7:30 p.m.
Ms. Herrera stated she did not move the resolution as she has concerns regarding the manner in which economic development incentives are utilized. She said it seems as though the County has less control overseeing that local workers and employment are utilized, which is something she feels strongly must be emphasized. Ms. Herrera feels that making this area a requirement could possibly assist in amending zoning regulations such as the city density policy to enable it to be more supportive of housing.
Mr. Proto will not support the resolution as he has consistently voted against the Empire Zone designation in the past. He would like to see more details on the proposed application and said he does not like to vote on something without having the information in hand.
Ms. Kiefer inquired when the detailed proposal would be available , and was told September 12.
A voice vote on the motion resulted as follows: Ayes - 11; Noes - 2 (Legislators Herrera and Proto); Excused - 2 (Legislators Penniman and Todd). RESOLUTION ADOPTED.
WHEREAS, Tompkins County is authorized to submit
an application for designation as an Empire Zone, and
WHEREAS, such designation could greatly benefit
the County in that new businesses would be encouraged to locate in the
zone area, existing businesses would be encouraged to expand in the zone
area, and new and expanded businesses would generate new jobs for County
residents, now therefore be it
RESOLVED, on recommendation of the Planning, Development
and Environmental Quality Committee, That a public hearing be held before
the Tompkins County Legislature in Legislative Chambers of the Tompkins
County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday,
September 20, 2005, at 5:30 o'clock in the evening thereof concerning proposed
Local Law No. g of 2005 – A Local Law Authorizing the County of Tompkins
to Make Application for Designation of Certain Areas Within the County
of Tompkins as an Empire Zone. 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
Recess
Mr. Joseph declared recess from 7:35 p.m. to 7:46 p.m.
Report from the County Administrator
Mr. Whicher reported the CSEA White Collar group has presented the terms and conditions of the proposed settlement to members and a response is expected by the end of the week. He said the 2006 budget notebooks appear different than in the past and he believes once some minor adjustments are made it will be easy to follow discussions. He said the system is being converted to one that will enable many more functions.
With regard to Mr. Dantzker's statement, he spoke highly of him, as he has been extremely pleasant and articulate about his concerns. Mr. Whicher updated Mr. Dantzler of the processes and will continue to work with him.
He reported the initial contract proposal from Motorola has been received. It will require some modification but it is hoped that a final agreement will be reached by the end of October.
Report from the County Attorney
Mr. Wood reported the new Assistant County Attorney, Martha N. Hertzberg, has started her duties.
Report from the Finance Director
Mr. Squires had no report.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda at this time.
Withdrawal of Resolution(s) from the Agenda
There were no resolution(s) withdrawn from the agenda at this time.
Approval of Resolution(s) and Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Totman, 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. 170 - DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 2005-2006
MOVED by Mr. Totman, 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 for designation 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 Ithaca/Tompkins County Convention and Visitor’s
Bureau (I/TCCVB), 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 2005-2006 be awarded to the Ithaca/Tompkins County Convention
and Visitor’s Bureau (I/TCCVB),
RESOLVED, further, That the Director of the I/TCCVB
report to the Planning, Development and Environmental Quality Committee
if change occurs.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 171 - ESTABLISHING COUNTY EQUALIZATION RATES
MOVED by Mr. Totman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, pursuant to Article III, Section 4.05,
Subdivision (d) of the Tompkins County Charter and Code, the Director of
Assessment has submitted and recommended the adoption of equalization rates
for all towns in Tompkins County and the City of Ithaca for the assessment
rolls filed in 2005, and for the apportionment of County taxes levied in
2006, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That the following equalization rates be and hereby are adopted:
AGGREGATE ASSESSED
AGGREGATE FULL
VALUATION OF TAXABLE
COUNTY VALUATION
OF TAXABLE
REAL PROPERTY FOR
EQUALIZATION REAL PROPERTY FOR TOWN
COUNTY PURPOSES
RATE
COUNTY PURPOSES
Town of Caroline
138,019,159
100
138,019,159
Town of Danby
178,799,192
100
178,799,192
Town of Dryden
664,655,993
100
664,655,993
Town of Enfield
129,756,726
100
129,756,726
Town of Groton
196,374,756
100
196,374,756
Town of Ithaca
1,021,826,414
100
1,021,826,414
Town of Lansing
1,035,766,102
100
1,035,766,102
Town of Newfield
187,954,495
100
187,954,495
Town of Ulysses
329,662,392
100
329,662,392
City of Ithaca
1,141,258,683
100
1,141,258,683
TOTALS
$5,024,073,912
$5,024,073,912
SEQR ACTION: TYPE II-20
RESOLUTION NO. 172 - AUTHORIZATION FOR MEMBERSHIP – CONSERVATION LEADERS NETWORK - TOMPKINS COUNTY LEGISLATURE
MOVED by Mr. Totman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Tompkins County Legislature is concerned
about the conservation of natural resources and the need for a healthy
environment, and
WHEREAS, the Conservation Leaders Network is the only
organization in the country that focuses on working with conservation-minded
county officials to conserve natural resources, and
WHEREAS, membership in the Conservation Leaders Network will provide useful
and valuable information and resources for the Legislature and assist in
making responsible decisions to protect the natural treasures that complement
and complete our communities, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That County Legislator Kiefer is authorized to join the Conservation
Leaders Network in 2005 and 2006, at a cost of $45 per year,
RESOLVED, further, That no additional funding is required.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 173 - INCREASE IN HOURS - PRINCIPAL RECORDING CLERK POSITION - COUNTY CLERK
MOVED by Mr. Totman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Tompkins County Clerk wishes to increase
the Principal Recording Clerk from 35.0 hours per week to 40.0 hours per
week to accommodate the pressure of business, and
WHEREAS, the Tompkins County Clerk wishes to maintain
a level of service only possible by having this position designated as
a forty-hour work-week, and
WHEREAS, such change would be beneficial to the organization
and would result in increased efficiency, now therefore be it
RESOLVED, on recommendation of the Government Operations
and Budget and Capital Committees, That the standard work week for one
position of Principal Recording Clerk (685), Labor Grade J-10, be increased
from 35.0 hours per week to 40.0 hours per week, effective June 10, 2005,
RESOLVED, further, That no additional funding is
required.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 174- AUTHORIZATION TO EXECUTE QUITCLAIM DEED – PROPERTY ACQUIRED BY TAX FORECLOSURE
MOVED by Mr. Totman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, Tompkins County works with residential
property owners to allow them to redeem their homes prior to auction, now
therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That the County Administrator is authorized to execute a Quitclaim
Deed conveying property acquired by the County through 2005 tax foreclosures,
back to the previous owners upon payment of all back taxes, penalties,
interest, and fees as follows:
Town of Newfield
31-1-26.4 Angelika Tillman
SEQR ACTION: TYPE II-20
Appointment(s)
MOVED by Mr. Totman, seconded by Mr. Winch, and unanimously approved by voice vote by members present, under the Consent Agenda to approve the following appointments:
Youth Services Board
Debra Austic - Village of Trumansburg representative;
term expires December 31, 2005
Soon Chun (Lois) Kang - Town of Newfield representative;
term expires December 31, 2005
Carol Griep - Town of Groton representative; term expires
December 31, 2007
Presentation of Resolution from the Government Operations Committee
RESOLUTION NO. 175 - AUTHORIZATION FOR MEMBERSHIP – INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION – COUNTY ADMINISTRATION
It was MOVED by Mr. Lane, seconded by Ms. Herrera, to adopt the following resolution. Mr. Proto asked if it is wise to join the organization during a period when budgets are tight. Mr. Whicher spoke of the ability to review standards and guidelines from states all over the country and professional organizations. In addition, he said the research department for this organization is excellent. He anticipates spending $8,000 in subsequent years to set up the standards and guidelines that should ultimately assist in better operations. Mr. Winch inquired what type of research is available. Mr. Whicher provided several examples of how benchmarks are obtained in order to determine the best course of action in a given situation. Mr. Whicher said the funds are in his present budget; for a renewal he will utilize rollover funds if available. Ms. Herrera will support the resolution as she feels it is excellent to partner with others.
A voice vote on the resolution resulted as follows: Ayes - 13; Noes - 0; Excused - 2 (Legislators Penniman and Todd). RESOLUTION ADOPTED.
WHEREAS, Tompkins
County Administration is seeking membership in the International City/County
Management Association (ICMA) at a cost of $823 per year, and
WHEREAS, membership in ICMA will serve as a valuable resource for the County
Administrator by providing technical and management assistance, training,
and information resources, and
WHEREAS, membership will provide helpful information
exchanges and creative solutions for chief appointed managers, administrators,
and assistants in cities, towns, counties, and regional entities throughout
the world, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That Tompkins County Administration is authorized to join ICMA,
RESOLVED, further, That no additional funding is required.
SEQR ACTION: TYPE II-20
Report from the Air Service Committee
Ms. Blanchard, Chair, reported that US Air has returned its non-stop Pittsburgh service to Ithaca starting November 9, 2005. The one flight will connect with Chicago, Denver, and other hubs using the thirty-five seat Dash aircraft customers are used to. This will provide four non-stop flights at the airport. The Air Service Task Force will be meeting on September 12 and will be reviewing the budget for the Airport. On September 19 the Air Service Committee will have its regular meeting during which they will discuss governance structure as well as the discussions of the subgroup working on negotiations with carriers. Mr. Winch said local reports show Northwest flights filled to seventy-percent capacity, yet the news services speak of the airline being on the verge of bankruptcy; and asked if there was any additional information available. Ms. Blanchard said bankruptcy is often used to enable a restructuring of companies. She indicated that at this time there has not been any information regarding the reports of pending bankruptcy and that no problems have resulted from the mechanic's strike.
Ms. Blanchard then spoke of the $500,000 grant that will be forthcoming over the next three years. It is expected to use funds to assist in marketing the airport as well as other areas to be determined necessary. Ms. Robertson said she thought the funds would be utilized to reduce landing fees. Ms. Blanchard explained the terms of the grant award are flexible and the Committee will be discussing with Mr. Nicholas the best way to leverage funding. There is a general feeling that to use these funds to defray expenses would not be the best thing to do.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on August 23, with most of their work being brought forward in the form of the budget books and future schedule. In addition, three staff members were requested to report on performance evaluation questions that will be coming forward in the future, and the Commissioner of Planning and Public Works presented his executive summary of the plan to go from a five-year capital program to twenty years. In addition, Mr. Marx had provided a listing of standards that the Legislature should review to determine the best choice for the County.
Mr. Koplinka-Loehr expressed appreciation to the County Administrator, Department Heads, and staff for their efforts to bring the Legislature a budget within the requested goal. He then explained the upcoming budget process and asked members of the Legislature to be certain to notify him in advance if there are specific items or departments not listed they wished to discuss. Mr. Booth noted if there were no changes by Legislators, the County Administrator's Budget would become the budget for 2006.
Report and Presentation of Resolution(s) from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, said the Committee did not meet on their regularly scheduled day due to a lack of agenda items. The Committee did meet prior to the Legislature meeting to act on items appearing on the agenda.
RESOLUTION NO. 176 – APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2004 TO PURCHASE COMPUTER EQUIPMENT FOR ASSIGNED COUNSEL
It was MOVED by Mrs. McBean-Clairborne, seconded by Ms.
Schuler. A short roll call vote on the motion resulted as follows:
Ayes - 12; Noes - 1 (Legislator Totman); Excused - 2 (Legislators Penniman
and Todd). RESOLUTION ADOPTED.
WHEREAS, the Assigned Counsel has been certified
by the Director of Finance to have unspent appropriations and excess revenues
from 2003 resulting in a surplus of $4,455, and
WHEREAS, Assigned Counsel has computer equipment
in excess of six years old and is experiencing serious computer errors
putting a strain on their daily operation, and
WHEREAS, the Information Technology Services Department
has reviewed Assigned Counsel’s computer equipment and made a recommendation
to replace the computer equipment costing $4,000, now therefore be it
RESOLVED, on recommendation of the Public Safety and
Budget and Capital Committees, That the Director of Finance is authorized
to make the following adjustment to the 2005 budget:
FROM: A599 Assigned Counsel Rollover Balance
$ 4,000
TO: 1170.52203
Computer Equipment $ 4,000
RESOLVED, further, That this is a onetime expense and there is no need
for a target adjustment.
SEQR ACTION: TYPE II - 20
RESOLUTION NO. 177 - APPROPRIATION FROM CONTINGENT FUND - REPLACEMENT PAY – DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE
It was MOVED by Mrs. McBean-Clairborne. A short roll call vote on the motion resulted as follows: Ayes - 12; Noes - 1 (Legislator Totman); Excused - 2 (Legislators Penniman and Todd). RESOLUTION ADOPTED.
WHEREAS, the Department of Probation and Community
Justice had an employee out on maternity leave for greater than two months
in the Core Probation Services Program, and
WHEREAS, the Fiscal Policy of Tompkins County allows
for replacement 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 to make the following adjustment to his books for 2005:
FROM: A1990.54440 Contingent Fund $11,406
TO: A3142.51000585 Probation Officer
$8,206
A3142.58800 Fringes $3,200
SEQR ACTION: TYPE II-20
RESOLUTION NO. 178 - BUDGET ADJUSTMENT – HIGHWAY
It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Winch. Mrs. McBean-Clairborne stated the budget adjustment for the Sheriff's office was not acted upon by the Committee pending further review and therefore not being recommended at this time. A voice vote on the motion resulted as follows: Ayes - 14; Noes - 0; Excused - 1 (Legislator Penniman). RESOLUTION ADOPTED.
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Director of Finance be directed to make the following budget adjustment on his books:
Highway
Revenue Acct
Title
Amt Approp Acct Title(s) _____
D599 County Road Fund Balance $ 30,000
5111.54424 Equipment Rental
D599 County Road Fund Balance $ 24,000
5142.54424 Equipment Rental
D599 County Road Fund Balance $ 14,000
5144.54424 Equipment Rental
D599 County Road Fund Balance $164,891
5110.54424 Equipment Rental
Explanation: Rental Rates have consistently exceeded
the budget figure and have not kept up with the Highway Machinery expenditures,
therefore resulting in a shortage.
SEQR ACTION: TYPE II-20
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met on August 24th and reviewed the recruitment and retention plan from the Management Subcommittee. It is anticipated to have this draft completed within ninety days. She noted a great deal of work has been done by departments to expand recruitment efforts and that the difference is being seen in the applicant pool. In addition, the Committee reviewed the diversity statement and appointed a policy team to undertake the process of reviewing the procedure to make it a policy. Mrs. McBean-Clairborne said the Committee discussed how to improve communication with employees. A suggestion was made to hold various meetings to develop a conversation about the movement of these efforts. A marketing committee will assist in developing ways to utilize the diversity statement. Mrs. McBean-Clairborne said it will take time to fully develop all the necessary tools to bring together the goals desired; once completed the Committee will provide a presentation of materials.
Report from the Facilities and Infrastructure Committee
Ms. Kiefer, Vice Chair, reported the Committee met on August 23rd when it received an update on the status of the New York State Route 13/Brown Road intersection. It was reported that accident data from 2004 was available and that the New York State Department of Transportation (NYSDOT) is willing to work with the County to gather more information and will do vehicle counts in late September. She said information will be coordinated with municipal officials and other interested parties. The Committee also reviewed the budget adjustment brought forth on the agenda as well as discussing the upcoming public meetings of the Hanshaw and Warren Road projects. Ms. Kiefer reported on New York State Department of Transportation's request to delay certain highway reconstruction projects that was due in part to a concern that so many projects were being recommended, but mostly due to the likely unavailability of State funding.
In addition, the preliminary budgets for the airport and solid waste facility are tentatively good news. The airport tentatively appears to be able to continue operations without taxpayer money in 2006. It appears the solid waste fee will not increase for 2006. The Recycling Center will be proposing modifications to public use of the facility by going to a flat rate versus utilizing the scales for fees; this should improve the traffic flow at the facility.
The Committee heard from Mr. Potter, Information Technology Services Director, that a determination regarding the public safety database, formerly known as CISNET, is needed to assist him in determining how to properly develop his budget and staffing needs. She said it is a topic that the Legislature needs to be address.
Mrs. Schuler spoke of the Solid Waste Facility's planned expansion of the recycling program to include plastics with a numbering up to "7", which would include items such as flower pots.
Mr. Lane spoke of the NYSDOT request to delay projects and said while at a public meeting regarding the McLean Road project it was said the bridge could not be constructed as part of the original project as planned due to increased cost of materials. He is concerned about this.
Ms. Schuler was excused at this time (8:30 p.m.).
Mr. Lane asked if the money ran out at the State level will this bridge be able to be completed. Ms. Kiefer said it was not known at this time. Mr. Lane feels this is a serious matter, when the State requests a delay it not only increases their costs but the County's as well. Ms. Robertson inquired if any information regarding recycling of agricultural plastics has occurred and was informed not at this time. Mr. Proto said a group of individuals at Cornell Cooperative Extension are looking into this matter but he is uncertain what information is available at this time.
Mr. Proto reported the lower bridge in Brooktondale is almost completed; it was hoped to be open by Labor Day but the recent rains delayed the project.
Mr. Winch spoke of the potential addition of other recyclable plastics and noted it will depend on the marketability of the commodities. Mr. Lane asked about the deposit containers put into recycling and if anyone looked into utilizing these unclaimed deposits. Ms. Kiefer said the matter has not come before the Committee this year, and she will follow up on this.
Report from the Health and Human Services Committee
Ms. Robertson, Chair, said the Committee has not met since the last meeting. The Committee will meet on September 7 at 10:30 a.m.
Approval of Minutes of August 16, 2005
It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of August 16, 2005, as presented.
Adjournment
On motion the meeting adjourned at 8:36 p.m.
Respectfully submitted by Karen Fuller, TC Legislature
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