Mr. Joseph called a public hearing to order at 5:30 p.m. concerning the 2005 Small Cities Community Development Block Grant Program and asked if anyone wished to speak.
Heather Filiberto, Planning Department, provided the Legislature with the following brief overview of the Small Cities Community Development Block Grant Program:
Purpose:
The purpose of this hearing is to give the public an opportunity to identify and discuss the community’s overall needs and priorities, and to propose possible projects that the County should seek Community Development Block Grant funding for in the 2005 grant round.
The Small cities CDBG Program is a federally funded program authorized by Title I of the Housing and Community Development Act of 1974. HUD, the U.S. Department of Housing and Urban Development, administered the program until 2001 when it was turned over to the N.Y.S. Governor’s Office for Small Cities (GOSC).
The primary objective of the CDBG program is to develop viable communities by providing decent housing and suitable living environments, and expanding economic opportunities, principally for persons of low- and moderate-income. At least 70 percent of grant funds must be used for activities that benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight. Under unique circumstances, Small Cities funds may be used to meet urgent community development needs.
Projects that will implement action items identified in the Draft Tompkins County Comprehensive Plan are encouraged.
In 2004, approximately $52 million was available in CDBG funding for smaller communities in New York State. At this time it is unknown how much will be available for the 2005 funding round. A notice of CDBG funding availability will be published sometime in December, grant applications will be due in April 2005, funding announcements are made in September 2005 and projects begin in January 2006. Projects must be completed within 18 months of their start date.
Generally, communities are allowed to apply for one project each year.
The maximum funding amount last year was:
- $600,000 for housing or public facilities projects
- $400,000 for a microenterprise project, or
- $650,000 for a comprehensive grant (one that provides more than one
activity that serves a particular area)
Examples of projects include:
- (for) Housing – housing rehabilitation, new housing construction,
and homeownership assistance.
- (for) Public Facilities – some examples include water source, storage,
and distribution; flood control and storm water drainage; public works
such as sidewalks, streets, parking, open space and publicly-owned utilities;
structures to house or serve special-needs populations; senior services;
child care centers; and multi-purpose buildings housing several qualifying
activities for low to middle income persons
- (for) Microenterprise – projects supporting new or expanded microenterprises,
defined as businesses employing five or fewer employees, including the
owner.
The County will be accepting preliminary project proposals until September
17th at which time they will assess the range of possibilities and determine
which project to apply for.
Another public hearing will be held on October 19th to inform the public of the details of the project that is selected.
Mr. George Ferrari, Director of Catholic Charities of Tompkins County, spoke of the need to develop more rural resources for homeless and low-income individuals. He spoke of the need to continue providing for the food pantries and assisting in providing security deposits through revolving loan funds. He requested that the Legislature take into consideration the need to develop outside of the City and provide outreach to the rural communities.
No one else wished to speak and the public hearing was closed at 5:34 p.m.
Called to Order
Mr. Joseph called the meeting to order at 5:37 p.m.
Pledge of Allegiance to the Flag and Roll Call of Members Present
Members and guests participated in the Pledge of Allegiance to the Flag.
Present: 13 Legislators. Excused – 2 (Legislators Penniman and Winch)
Privilege of the Floor by the Public
Stacey Crawford, Executive Director, Better Housing for Tompkins County, spoke regarding Resolution No. 179 - Urging an Override of Governor Pataki's Veto of Funding for Statewide Affordable Housing Programs, and urged support. She said that the funding lost by the veto would eliminate one-half of the core operating funding for the agency. Ms. Crawford said that presently the administrative budget is only 13 percent and cannot be reduced further; without this funding the agency will not be able to assist residents as well. Ms. Crawford also stated that each dollar received in this funding leverages forty-two dollars in Federal and other investment funds, the loss of which will significantly affect Tompkins County. She urged the Legislature to contact State legislative representatives and request support of an override of the Governor's veto.
The following individuals spoke in support of Resolution No. 180 - Addressing the Preservation of Civil Liberties and Civil Rights of All Individuals Living in Tompkins County New York, In Response to the "USA Patriot Act":
· Mary Berkelman - League of Women Voters in Tompkins County,
shared a resolution passed at a recent convention of the League of Women
Voters in Washington.
· Karl Berkelman - Professor of Physics at Cornell University,
spoke of the difficulty in collaborating in the scientific field due to
visa restrictions.
· Margaret Unsworth - Town of Ithaca, spoke for librarians and
patrons of the libraries and shared information related to the government's
ability to obtain user information. She noted the Tompkins County
Public Library has passed a resolution against this practice.
· Mon Cochran, Village of Lansing, spoke of his participation
during the Vietnam war and how each war has caused a drastic measure such
as the USA PATRIOT Act. He does not feel the Act is warranted and
that the local government can assist in preserving resident rights.
· Deirdre Silverman, Town of Danby - spoke of the need
to pass a strongly worded resolution and shared information on a family
members detainment recently in New York City. She said this family
member and others were not afforded basic civil rights when caught in a
police sweep of a particular area and were held without beds, medication,
and without the ability to contact anyone.
· Brian Eden, Tompkins County Bill of Rights Defense Committee
- spoke of the historical background of the Act and stated there is a need
to amend it due to it being passed in haste. He feels that although
there is no condoning of the acts of 9/11, it needs to be recognized that
a future threat may come and a more rational response needs to be developed.
Mr. Eden handed out a list of other communities throughout the United States
who have passed resolutions against the USA PATRIOT Act.
· K Minnix, City of Ithaca - spoke of the increasing encroachment
of the United States Government on United States Citizens and requested
the local government support the resolution against the over-reaching power
of the USA PATRIOT Act.
· Howard Engelskirchen, Village of Trumansburg - spoke of his
background in election issues, voter registration, teaching law, with twelve
years experience in constitutional law. He believes measures such
as the USA PATRIOT Act have occurred. He said that it is apparent
we may be in a difficult period time of life, particularly if oil supplies
diminish; however he feels that regardless of what changes there may be
respect for civil liberties, civil rights, and fair play should be maintained.
The following correspondence from Marty Luster, Trumansburg resident, was received by the Legislature:
"I understand that you will soon be considering a resolution titled “Addressing the Preservation of Civil Liberties . . .In Response to the USA Patriot Act.” I have carefully read the resolution and urge its passage.
"The implementation of the USA Patriot Act is having a direct effect upon your constituents. In this community, where education is highly prized, the access granted to the federal government to educational, library as well as medical and financial records should be of concern to all of us. The Act has had a chilling effect upon the exercise of our first amendment rights and has most definitely poisoned the environment in which many of our visitors and residents who have come from other lands, students and non-students alike, find themselves.
"The resolution asks you to reaffirm our commitment to the protection of our civil liberties and to call upon our Sheriff to continue his diligence in affording such protection to our community. The resolution also urges our educational institutions to warn its students, their parents and others of the effect that the Patriot Act may have with regard to the seizure of educational records by the federal government. Finally, the Chair of the Legislature, under the resolution, would be asked to obtain and annually report information that would allow you to assess the effect of the Act and other anti-terrorism efforts on Tompkins County residents.
"In my opinion, the resolution before you is a measured and modest response to what I believe to be the greatest threat to our civil liberties in over 50 years. More than 350 communities in the nation have adopted this or similar resolutions and it is important that Tompkins County be counted among those that stand in solid support of our Bill of Rights.
"Thank you for your attention to this vital issue."
Distinguished Youth Award
Mrs. McBean-Clairborne, District No. 2 Legislator, presented the Distinguished Youth Award to Alma Garcia, who is a senior at ACS. Mrs. McBean-Clairborne said Ms. Garcia was recommended for the award by Mr. Brooks, Youth and Pre-Teen Program Administrator at Greater Ithaca Activities Center. She shared that Ms. Garcia works two jobs, maintains her school work, and also advocates for youth who are at risk, often coming to court with them to provide peer support and counseling. Ms. Garcia thanked the members of the Legislature and her mother, noting that it was due to her mother's strength and support that she is able to do these things.
Privilege of the Floor by Legislators
Ms. Blanchard, District No. 1 Legislator, asked that two members of the community that passed away be remembered, Raymond VanHoutte and Frank Liguori. She spoke of Mr. VanHoutte's participation and commitment regarding in the initial study and implementation of plans for the airport and Mr. Liguori's tenure with the County in both the Public Health Department and as Planning Commissioner. Ms. Blanchard said their solid support and contributions will be greatly missed.
Ms. Robertson, District No. 13 Legislator, said it is a privilege to have such serious, thoughtful public input as we heard tonight, and thanked members of the community for attending the meeting. She then reported that the compilation of information related to housing in Tompkins County which the Health and Human Services Committee heard in 2003, was completed. Members of the 2003 and 2004 Health and Human Services Committee were provided a complete package; a summary was provided for other members of the Legislature. She said that housing continues to be an issue for the County. Ms. Robertson reported that she learned from Congressman Hinchey's office that the combination of funding and regulations from the State and Federal governments have put the homeless and low-income residents even further at risk. Ms. Robertson reported that at this time thirty-one Section 8 vouchers (providing sliding-scale housing assistance) have been removed from Tompkins County and that as a result of Federal regulatory changes the state may lose 24,000 vouchers next year.
Mr. Koplinka-Loehr, District No. 11 Legislator, spoke of his August 13 and 14, 2004, Cayuga Lake swim fundraising effort for the Tompkins County Quality of Life Fund and expressed his gratitude to the residents of Tompkins County for their support. He stated that while the goal was not met due to a failed motor of a boat accompanying him and water temperature, it was a successful community-spirited event that raised awareness and brought forth county-wide effort to assist with the policy issues, including budget constraints facing all counties. Mr. Koplinka-Loehr said grant applications from County departments will be accepted by the Community Foundation which oversees the Tompkins County Quality of Life Fund in the fall for consideration.
Ms. Schuler, District No. 4 Legislator, reported that the color-coded recycling schedule for Collegetown area is now available. This schedule is also available on the Solid Waste web site. She recommended that all newcomers obtain the information.
Mr. Proto, District No. 7 Legislator, thanked Ms. Blanchard for her comments about Frank Ligouri and Ray VanHoutte and noted another individual should be included, Tom Bennett, the former president of the 1st National Bank of Ithaca. Mr. Proto said Mr. Bennett chaired the committee that supported the recognition of Mr. VanHoutte's input regarding the airport, and that Mr. Bennett also gave generously of his time as a volunteer to the County. Mr. Proto reported that in the 1960's and into the 1970's, Mr. Bennett developed the Business Industry and Education Council that sponsored local businessmen to speak to youth about economics and business. He stated that all three gentlemen will be sorely missed. Mr. Proto then stated that there will be a Vietnam Veteran's Fire Watch taking place on September 24, 2004, at Myers Park in Lansing. The ceremony will take place at approximately 7:00 p.m.
Mr. Lane, District No. 14 Legislator, stated that Mr. Koplinka-Loehr should be the one thanked for his fund-raising effort. He then spoke of citizens in Florida who recently experienced the devastation of several hurricanes and how the communities have had to cope and how the County has experienced the force of hurricanes previously. Mr. Lane said the County and other first responders need to review emergency systems and the reliance on cellular telephones as these systems have the potential to have an outage in severe weather. Mr. Lane then expressed his disappointment regarding the Governor's vetoes, and specifically on ones related to education. He hopes that the State Legislature will override the vetoes as they affect many students within the County.
Report from Municipal Official(s)
Mr. Peter Stein, Town of Ithaca Board Member, addressed the Legislature regarding a request for continued support of the Recreation Partnership, nothing the resolution passed 5-2, three months ago, and he is sorry it took so long to get to the County. He read the following resolution from the Town of Ithaca Board, passed June 7, 2004:
"Whereas, the Town of Ithaca Board recognizes the Recreation Partnership as an excellent example of intermunicipal cooperation; and
"Whereas, the County Board's involvement is an important and welcome aspect of intermunicipal cooperation;
"Now, therefore, be it
"Resolved, that the Town of Ithaca Board encourages the County Board to consider ongoing involvment in the Recreation Partnership as a valued component of intermunicipal cooperation."
He then expressed his belief that recreation is inherently a County concern; he was pleased to see the City, towns, and County band together to form the Recreation Partnership. Mr. Stein stated that while he understood that at times coming to an agreement was difficult he feels the continued cooperation should take place. He feels it could be in different forms such as reduced payment, in-kind contribution, or other ways, but that the County should find some way to remain within the Partnership.
Mr. Will Burbank, Town of Ithaca Board Member and Member of the Recreation Partnership, spoke of how the Partnership had to make special efforts to get to where it is as a strong intermunicipal organization and that last year the County expressed a desire to begin the procedure to withdraw from the Partnership. Mr. Burbank said the process to do this is lengthy and he understood the County's desire to begin the procedure when it was not known what the future budget climate would be. He asked the County reconsider its position and noted that the $38,000 contribution from the County is enormously important to the Partnership.
Mr. Booth, Legislator, spoke of his involvement with the original negotiation team that formed the Recreation Partnership. He said that while an innovative organization he feels it rests on a financial mirage inasmuch as there has not been discussion regarding the underpinning of building maintenance for City facilities used by the Recreation Partnership, which must be dealt with. Mr. Stein expressed agreement with Mr. Booth's statement, noting that if the facilities are to exist all parties must share in the responsibility and it will take the effort of all to do so. Mr. Stein believes it would be a shame if the County did not participate in this discussion.
Mr. Joseph, Chair, stated that the County has received conflicting messages related to its participation in the Partnership. He stated that the resolution shared was the first time the County had heard of the request from the Town of Ithaca for continued participation; however, resolutions from the Towns of Caroline and Enfield received simply indicated the direction they desired their own members to take. Additionally, he reported individuals who state they represent communities have made opposing statements related to the County's participation. Ms. Robertson stated that what was presently happening is a good illustration of the challenge to have all parties in agreement. She spoke of having attended a Recreation Partnership Board meeting and was under the impression some communities still were determining what position they would like to take regarding the County's participation. It is hoped that this information will be available prior to the Expanded Budget Meeting.
Mr. Proto asked if Ms. Robertson could contact the town officials to encourage them to come to speak about this issue and was informed that she thought the Recreation Department representatives were the appropriate person(s) to do so.
Ms. Kiefer commented that she, too, is puzzled by the by the conflicting messages from the Town of Ithaca on this issue.
Ms. Coles, City of Ithaca Councilwoman, spoke of the news that United States deaths resulting from the war in the Iraq had reached 1,000. She spoke of the nearly 4,000 injured and $132 billion spent on the war, with $12 billion having come from New York State. Ms. Coles suggested these monies could be better spent. Ms. Coles reported the construction work on New York State Route 13 corridor should be completed by the end of the month. In addition, she spoke of newly appointed Police Chief Signer's focus on a variety of areas within the Department, and that the City faces a difficult financial decision of whether to repair or rebuild the Green Street parking garage. Ms. Coles spoke of Assemblywoman Lifton's assistance in working with the Department of Environmental Conservation to expand the study of contamination at the Emerson plant. It is hoped that it will be modified to a level-2 site, which will require more testing of affected areas.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the Agenda
Mr. Joseph gave permission to the appropriate committee chair at the time of his report later in the meeting, to withdraw the resolution entitled Revision of Administrative Manual Policy 01-10 - Contracts and the resolution entitled Adoption of List of Designated Officers and Employees Required to File and Annual Financial Disclosure Form.
Approval of Resolution(s) Under the Consent Agenda
RESOLUTION NO. 175 - ESTABLISHING A RENEWABLE ENERGY STANDARD FOR COUNTY ELECTRICITY USE
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, on April 4, 2001, Tompkins County adopted Resolution
No. 69 of 2001 to participate in the Cities for Climate Protection (CCP)
campaign, a project of the International Council on Local Environmental
Initiatives (ICLEI), and
WHEREAS, the Cities for Climate Protection campaign is a voluntary
program for municipal governments to identify sources of greenhouse gas
emissions within their jurisdictions, identify opportunities and implement
a proactive approach to reducing climate change impacts at the local level
by working through five milestones:
1. Conduct a local emissions inventory and forecast of
greenhouse gas emissions,
2. Adopt an emissions reduction target,
3. Draft a Local Action Plan to achieve the target,
4. Implement the action plan,
5. Evaluate and report on progress, and
WHEREAS, in September 2001, Tompkins County completed Milestone
1 of the CCP campaign by developing a county-wide inventory of greenhouse
gas emissions for the base year of 1998, that includes separate information
on county government contributions, known as The Tompkins County Greenhouse
Gas Emissions Inventory Report; and on August 6, 2002, the Tompkins County
Legislature reached Milestone 2 of the CCP campaign by adopting the following
goal: Tompkins County will, by 2008, reduce its emissions of greenhouse
gases generated by county operations by 20 percent (as measured by eCO2)
compared to the base year of 1998; and on July 15, 2003, the Tompkins County
Legislature completed Milestone 3 of the CCP process by adopting the Local
Action Plan to Reduce Greenhouse Gas Emissions for County Government Operations,
and
WHEREAS, although county governmental operations only constitute
one half of one percent (½%) of total county-wide emissions, the
Local Action Plan will be used as an example for community-wide efforts
to reduce greenhouse gases in the future, and
WHEREAS, an important and related effort is to move toward the
use of renewable “green” energy sources such as wind, solar, and biomass,
and
WHEREAS, leadership at the local municipal level is essential
in achieving fundamental policy change, and Tompkins County has provided
such leadership through the installation of the Tompkins County Public
Library solar panels, which currently provide 2 percent of the county’s
electricity use, and
WHEREAS, the Environmental Management Council has recommended
that the County Legislature adopt a renewable energy standard for County
electricity use, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality and the Facilities and Infrastructure Committees, That the Tompkins
County Legislature continue its efforts to reduce greenhouse gas emissions
by adopting a renewable energy standard that sets the following goal:
Tompkins County will increase its proportion of non-polluting, renewable
energy so that 5 percent of its annual electricity use will be from renewable
sources by 2008.
RESOLVED, further, That the Local Action Plan will be updated to include
this renewable energy standard.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 176 - BUDGET ADJUSTMENT – HIGHWAY DIVISION
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda.
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:
BUDGET ADJUSTMENT
Highway Division (#30)
Revenue Acct Title
Amt App. Acct.
Title(s) _____
5144.42302 Snow Removal
$45,332 5142.54312 Highway Materials
Explanation: Revenue received from New York State Department
of Transportation for snow removal was in excess of the budgeted revenue
amount. The highway materials line is in the red and needs additional
money to purchase salt in the fall.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 177 - AUTHORIZATION TO ACCEPT A GRANT FROM THE STATE ARCHIVES - COUNTY CLERK
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Records Office has been notified of a grant award
from the State Archives in the amount of $15,000, and
WHEREAS, the State Archives grant represents a collaborative
effort between the County Clerk's Office and Records Management to microfilm
permanent and archival tax maps, now therefore be it
RESOLVED, on recommendation of the Consumer and Community Affairs
Committee, That the County Administrator or his designee be authorized
to execute all contracts related to this award,
RESOLVED, further, That the Director of Finance is authorized
and directed to make the following budget adjustment:
APPROPRIATION A1410.54442 Professional Services $15,000
REVENUE A1410.43089 Other State Aid $15,000
SEQR ACTION: TYPE II-20
RESOLUTION NO. 178 - NEW YORK STATE EXPEDITED WIRELESS 911 GRANT FUNDING - DEPARTMENT OF EMERGENCY RESPONSE
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, Resolution No. 31 of 2004 authorized the Department of Emergency
Response to apply to the New York State 911 Board for funding to assist
the County in achieving “Phase 2” capability for the 911 emergency call
system, and
WHEREAS, the County has been awarded $318,336 for this purpose, and
the funding is applicable to various on-going and planned projects, now
therefore be it
RESOLVED, on recommendation of the Communications Capital Project Committee,
That Tompkins County accepts the Expedited Deployment Grant Funding,
RESOLVED, further, That the following budgetary accounts be adjusted
accordingly:
Department:
Revenue 3410.43389 Other Public Safety $ 74,703
Expense 3410.52230 Computer Software $ 41,400
3410.52222 Communications Equipment $ 33,303
Capital:
Revenue 3412.43389 Other Public Safety $ 243,633
Expense 3412.59239 Capital Expenditures $ 243,633
SEQR ACTION: TYPE II-20
RESOLUTION NO. 179 - URGING AN OVERRIDE OF GOVERNOR PATAKI’S VETO OF FUNDING FOR STATEWIDE AFFORDABLE HOUSING PROGRAMS
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, on August 20, 2004, New York State Governor Pataki vetoed the
entire $57 million in capital for housing programs that had been provided
by the State Legislature for 2005, including $2,345,000 in Rural Preservation
Program funding and $4,966,500 for the Neighborhood Preservation Program,
both of which support community-based housing organizations, and
WHEREAS, as a result of these vetoes, Better Housing for Tompkins County
(BHTC) and Ithaca Neighborhood Housing Services (INHS) could each face
cuts of more than half their annual allocations from New York State, resulting
in a loss of $130,000 for Tompkins County housing programs, and
WHEREAS, without these vital operating funds, Federal dollars cannot
be leveraged to deliver much-needed programs to communities and will be
in danger of being recaptured by the Federal Government and allocated to
other States, and
WHEREAS, for the year that ended June 30, 2004, the $130,000 in preservation
program funds that these agencies received leveraged $9,748,533 in Federal
and other housing investment, a ratio of 75:1, and
WHEREAS, housing prices in Tompkins County have climbed dramatically
in the last four years, while family incomes have not nearly kept pace
with the increase, making affordable housing an urgent and growing need,
and
WHEREAS, the average price of residential properties in the county
grew 46 percent between 2000 and August 2004 (Ithaca Board of Realtors),
while incomes grew about 10 percent on average (estimate from Tompkins
County Area Development), and
WHEREAS, the Rural Housing Coalition estimates that Preservation Companies
statewide return $26 in economic activity for every Rural Preservation
Program dollar appropriated, and the benefits from the expenditure of these
funds can be found all around New York State, and
WHEREAS, BHTC and INHS rely on these funds as their largest sources
of operating dollars, and use them cost-effectively to leverage other funds
to assist first-time homebuyers, provide housing rehabilitation and home
repair programs for seniors, and manage affordable rental housing, and
WHEREAS, without core operating funds BHTC and INHS will not be able
to continue to administer the grant-funded programs that Tompkins County
residents, especially seniors depend upon, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee,
That the Tompkins County Legislature, urges New York State Assembly and
Senate Representatives to work to quickly override the Governor’s veto
of S.06055 and A.9555-B, to restore funding for Rural Preservation Program
and the Neighborhood Preservation Program to the 2005 budget allocation.
SEQR ACTION: TYPE II-20
Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Proto, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda.
Library Board of Trustees
David Weil – term expires December 31, 2005
An additional appointment was made later in the meeting.
RESOLUTION NO. 180 - ADDRESSING THE PRESERVATION OF CIVIL LIBERTIES AND CIVIL RIGHTS OF ALL INDIVIDUALS LIVING IN TOMPKINS COUNTY NEW YORK, IN RESPONSE TO THE “USA PATRIOT ACT” (Adopted Resolution on Page 13 of Minutes)
It was MOVED by Ms. Kiefer, seconded by Ms. Schuler. Ms. Kiefer noted this is the amended version of the resolution that was provided with the agenda and was done to address a request to shorten the resolution. She explained that an e-mail had been received from Sheriff Meskill who stated he did not believe the Sheriff's office should be mentioned in the resolution. Ms. Kiefer noted the Sheriff is not present tonight to inquire specifically why he did not support the inclusion of this language. She said the Sheriff's Department is the County's local law enforcement and feels it reasonable to continue doing the work they already do. She also stated she believes that the public libraries and educational institutions should post information on this potential invasion of privacy as a result of the USA Patriot Act.
WHEREAS, on October 26, 2001, President G. W. Bush signed
“The Uniting and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act”, which had been introduced in
Congress on October 23, 2004, went through no Senate or House committees
for review and deliberation, was allowed only 1?2 hours of discussion on
the floor, and
WHEREAS, this legislation was presented as counter?terrorism legislation,
needed immediately to respond to the September 11th attacks, although
at that time no effort had been made to determine what intelligence and
law?enforcement breakdowns had failed to prevent those attacks, and
WHEREAS, the Tompkins County Legislature opposes terrorism in all its
forms, but we believe that it is possible to protect national security
without undermining the rights and freedoms for which the United States
was established, and
WHEREAS, Tompkins County, with its institutions of higher learning,
has an international population and greatly benefits from the many different
cultural and spiritual contributions of its highly diverse population,
but we have now witnessed firsthand the pernicious effects of this legislation
and related Federal actions on certain international grad students and
visiting academics to our community, and
WHEREAS, Federal policies adopted since September 11, 2001, including
provisions in the USA PATRIOT Act (Public Law 107?46) and related Executive
Orders, regulations, and actions threaten fundamental rights and liberties
by:
a) Authorizing the indefinite incarceration of non-citizens based on
mere suspicion, and the indefinite incarceration of citizens designated
by the President as "enemy combatants", without access to counsel or meaningful
recourse to the federal courts;
b) Limiting the traditional authority of federal courts to provide
reasonable limitation and oversight on electronic surveillance in anti-terrorism
investigations and ordinary criminal investigations;
c) Expanding the authority of federal agents to conduct so-called "sneak
and peek" or "black bag" searches, in which the subject of the search warrant
is unaware that his property has been searched;
d) Granting Federal law enforcement and intelligence agencies broad
access to personal medical, financial, library, and educational records,
and other personal records held by third parties with little if any judicial
oversight;
e) Discouraging citizens and residents from pursuing constitutionally
protected speech and protest actions through overly broad definitions of
"terrorism";
f) Driving a wedge between immigrant communities and the police by
encouraging involvement of state and local police in enforcement of federal
immigration law;
g) Permitting the FBI to conduct surveillance of religious services,
Internet chat rooms, political demonstrations, and other public meetings
of any kind, without having any evidence that a crime has been or may be
committed; and
WHEREAS, some of the expanded surveillance, investigation, and detention
powers granted by Congress to federal law?enforcement agencies under the
USA PATRIOT Act, and its erosion of our system of checks and balances,
pose a particular threat to the civil liberties of the residents of our
county, and
WHEREAS, nonetheless new legislation has been drafted by the Administration
entitled “the Domestic Security Enhancement Act” (DSEA) (also known as
“PATRIOT II”), which would also undermine constitutional rights and our
unique system of checks and balances by further diminishing personal privacy,
reducing the accountability of government, and eroding the constitutional
rights of all persons to due process of law, now therefore be it
RESOLVED, on recommendation of the Consumer and Community Affairs Committee,
That the Tompkins County Legislature affirms its strong commitment to the
protection of the civil rights and civil liberties of all persons in Tompkins
County, including but not limited to their constitutional rights to assemble,
to peacefully protest, and to express their political views without governmental
interference,
RESOLVED, further, That the Tompkins County Legislature joins communities
across the nation in expressing concerns regarding provisions of the USA
PATRIOT Act, illustrated above, and the many related Executive Orders,
Justice Department regulations, and other federal actions that threaten
fundamental rights and liberties guaranteed under the United States Constitution,
RESOLVED further, That the Tompkins County Legislature supports the
United States Congress in its efforts to oversee and assess the impacts
of the USA PATRIOT Act and to ensure that at least the sunset date
of Title II of the Act remains in force and is honored, hereby supporting
all Congressional efforts to ensure that Congress enacts the required joint
resolution on or before October 1, 2005, to inactivate Title II,
RESOLVED further, That the Tompkins County Legislature:
1. Calls on the Sheriff of Tompkins County to:
a) Continue the Sheriff Department Policy of recognizing that individuals
and groups should be able to freely engage in First Amendment activities,
and to only surveil individuals or groups based on their participation
in such activities if you have particularized suspicion of criminal activities;
and
b) Continue the Sheriff Department policy of not utilizing profiling
based on ethnicity, language, national origin, religion or religious belief,
political affiliation or political belief when initiating investigatory
activities, without particularized suspicion of criminal activity; and
c) Affirm that the enforcement of Federal immigration laws is primarily
a function of Federal law?enforcement authorities that can use up many
deputy person hours, and to therefore only participate in the enforcement
of these laws when specifically requested by Federal officials in relation
to particularized suspicion of criminal activity; and
d) Report to the Tompkins County Legislature any request by federal
authorities that, if granted, would cause agencies of Tompkins County to
exercise or cooperate in the exercise of powers in apparent violation of
any County ordinance or the laws of the Constitution of this State or the
United States.
2. Requests all citizens – including residents, employers, educators,
and business owners – to demonstrate similar respect for civil rights and
civil liberties, especially but not limited to conditions of employment
and cooperation with investigations.
3. Urges institutions of higher learning and schools within Tompkins
County to provide written notice to parents and students as follows: “WARNING:
Under section 507 of the federal USA PATRIOT Act (public law 107?56), educational
records may be obtained by Federal law?enforcement agents. This educational
institution may be prohibited from informing you if your records have been
obtained. Questions about this policy should be directed to: Office
of the Attorney General, Department of Justice, Washington, D.C. 20530
– Attention: John Ashcroft”.
4. Urges all public and academic libraries within Tompkins County to
post in a prominent place within the library a notice to library users
as follows: “WARNING: Under section 215 of the Federal USA PATRIOT Act
(public law 107?56), records of the books and other materials you borrow
from this library may be obtained by federal agents. Under this federal
law librarians are prohibited from informing you or anyone else whether
federal agents have obtained records about you. Questions about this
policy should be directed to: Office of the Attorney General, Department
of Justice, Washington, D.C. 10530 – Attention: John Ashcroft”.
5. Asks the Chair of the Tompkins County Legislature on behalf of the
Legislature to seek annually no later than October 1, 2004, and annually
thereafter no later than May 1st, from federal authorities the following
information in a form that facilitates an assessment of the effect of federal
anti?terrorism efforts on the residents of Tompkins County:
a) The names of all residents of Tompkins County who have been arrested
or otherwise detained by federal authorities as a result of investigations
into either domestic or international terrorism since September 11, 2001;
the location of each detainee; the circumstances that lead to each detention;
the charges, if any, lodged against each detainee; and the name of counsel,
if any, representing each detainee;
b) The number of search warrants that have been executed in Tompkins
County without notice to the subject of the warrant pursuant to Section
213 of the USA Patriot Act;
c) The nature and scope of electronic surveillance carried out in Tompkins
County under powers granted in the USA Patriot Act;
d) The nature and scope of federal monitoring of political meetings,
religious gatherings or other activities in Tompkins County protected by
the First Amendment;
e) The number of times education records have been obtained from schools
and institutions of higher learning in Tompkins County under Section 507
of the USA Patriot Act;
f) The number of times public or academic library records have been
obtained from libraries in Tompkins County under Section 215 of the USA
Patriot Act;
g) The number of times that records of books purchased by store patrons
have been obtained from bookstores in Tompkins County under Section 215
of the USA Patriot Act;
6. Asks the Chair of the Legislature on behalf of the Legislature to
transmit to the Legislature no later than July 1st each year, in written
form, the information obtained pursuant to the preceding paragraph, as
well as a written report on the status of any outstanding requests for
information,
RESOLVED, further, That upon passage of this resolution the Clerk of
the County Legislature, on behalf of the Legislature, shall:
1. Transmit a copy of this resolution to President George W. Bush and
Attorney General John Ashcroft.
2. Transmit a copy of this resolution to Senators Clinton and Schumer,
and Representatives Boehlert, Hinchey and Houghton, accompanied by a letter
from the Tompkins County Legislature urging them to:
a) Monitor federal anti?terrorism measures and to work to repeal
provision of the USA PATRIOT Act and other laws and regulations that infringe
on civil rights and civil liberties, and to
b) Take all possible actions to lead to Congressional action
to prevent passage of the DSEA, and to enact the required joint Congressional
resolution to inactivate Title II of the USA PATRIOT Act on or before October
1, 2005, and to
c) Actively support passage of S. 1709 (“the SAFE Act”[Craig
and Durbin] and/or such other bills as S.1507 (“The Library, Bookseller,
and Personal Records Privacy Act” [Feingold]), HR.1157 (“The Freedom
to Read Protection Act” [Sanders]), S. 1552 (“Protecting the Rights
of Individuals”) [Wyden and Murkowski], S. 1695 (“The PATRIOT Oversight
Restoration Act”)
[Craig, Leahy, Sununu, Durbin]
3. Transmit a copy of this resolution to the New York State Governor,
State Senators, and State Assembly members, accompanied by a letter from
the Tompkins County Legislature urging them to support efforts to monitor
federal antiterrorism measures and to ensure that New York State antiterrorism
laws and policies be implemented in a manner that does not infringe on
civil rights and civil liberties described in this resolution.
SEQR ACTION: TYPE II-20
It was MOVED by Ms. Blanchard, seconded by Mr. Booth, to offer a substitute version of the resolution for consideration. Ms. Blanchard thanked Ms. Kiefer for her efforts to shorten the resolution, but feels a more focused version is necessary. She stated that she agrees with a great deal of the things spoken by members of the public and related she was personally aware of the camps associated with World War II. She feels it is important to show support to Federal and State legislators and in order to do so the shorter version would have more support.
Ms. Kiefer said she believes the omissions are unfortunate; while it supports the need for change it does not provide information regarding the USA Patriot Act's problems and therefore is not useful. She also explained that it does not provide a directive to the library and educational institutions to notify patrons. Ms. Kiefer inquired why it was felt the local law enforcement should not be included within the resolution and was informed by Ms. Blanchard that she had attended the previous meeting attended by law enforcement officers who expressed their disagreement with the directive. Ms. Kiefer stated she believed concerns their were addressed when the Committee subsequently changed the wording to clarify support for their existing approach and reflect their concern over the time an immigration arrest can take, and her resolution offered this. She believes the resolution is critical but supportive. Ms. Blanchard said she could not speak for the Sheriff; she believes the shorter version is necessary. Ms. Robertson stated she agrees with points made, but will lose effectiveness due to length. Ms. Robertson stated she would like to see the Act repealed, noting that if portions have not been used, such as the library record searches, then there is no need for them. Ms. Robertson noted she would like to amend the resolution to ask for a repeal of the Patriot Act. Mr. Lane expressed disappointment in the discussion, feeling that it is focused more on language than the issue involved.
It was MOVED by Mr. Lane, seconded by Mr. Booth, to return the resolution back to the Committee for further review. A voice vote resulted as follows: Ayes - 5 (Legislators Kiefer, Lane, McBean-Clairborne, Robertson, Schuler, ; Noes - 8 (Legislators Blanchard, Booth, Herrera, Joseph, Koplinka-Loehr, Proto, Todd, and Totman); Excused - 2 (Legislators Penniman and Winch). MOTION FAILED.
A voice vote on accepting the substitute resolution resulted as follows: Ayes - 8 (Legislators Blanchard, Booth, Joseph, Lane, Proto, Robertson Todd, and Totman); Noes - 5 (Legislators Herrera, Kiefer, Koplinka-Loehr, McBean-Clairborne, and Schuler); Excused - 2 (Legislators Penniman and Winch). MOTION CARRIED.
It was MOVED by Ms. Herrera, seconded by Ms. Robertson, to amend the second resolved as follows:
"RESOLVED, further, That the Tompkins County Legislature urges the Congress to repeal the USA Patriot Act and to defeat Patriot II."
Mrs. McBean-Clairborne indicated her support regarding the repeal of USA PATRIOT Act, concurring with speakers regarding passport delays and difficulties in traveling. She spoke of her firsthand experiences with problems entering and exiting areas of the country and supports a repeal. Mr. Booth stated that the PATRIOT Act is too extensive, too aggressive and reached too far; some pieces are worrisome, but to repeal the entire act is not in the best interest of the country. He said the Supreme Court has clearly indicated that individuals detained by the government have rights that will be upheld in the federal courts. He said while he has questions with portions he does not feel repealing it is necessarily correct given the present situation the country is dealing with on various fronts related to terrorism. Ms. Robertson stated she has heard and read a great deal and believes that to get help from communities to locate those who truly mean us harm, change is needed. She feels that citizens and residents of middle-eastern descent are terrorized due to the PATRIOT Act and instead of helping to locate the terrorists, they will avoid authorities.
A voice vote on the motion to repeal the USA PATRIOT Act resulted as follows: Ayes - 6 (Legislators Blanchard, Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, and Robertson); Noes - 7 (Legislators Booth, Kiefer, Lane, Proto, Schuler, Todd, and Totman); Excused - 2 (Legislators Penniman and Winch). MOTION FAILED.
A voice vote on the substitute resolution offered by Ms. Blanchard and Mr. Booth resulted as follows: Ayes - 12; Noes - 1 (Legislator Kiefer); Excused - 2 (Legislators Penniman and Winch). SUBSTITUTE RESOLUTION ADOPTED.
WHEREAS, on October 26, 2001, President G. W. Bush signed “The Uniting
and Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism Act” commonly known as the USA Patriot Act, (Public
Law 107?46), and
WHEREAS, this legislation was adopted very quickly as counter?terrorism
legislation, needed immediately to respond to the September 11th
attacks, and
WHEREAS, while the Tompkins County Legislature opposes terrorism in
all its forms, we believe that it is possible to protect national
security without undermining the rights and freedoms for which the United
States was established, and
WHEREAS, certain Federal policies adopted since September 11, 2001,
including certain provisions in the USA PATRIOT Act and related Executive
Orders, regulations, and actions threaten fundamental rights and liberties,
and
WHEREAS, some of the expanded surveillance, investigation, and detention
powers granted by Congress to Federal law?enforcement agencies under the
USA PATRIOT Act, and its erosion of our system of checks and balances,
pose a particular threat to the civil liberties of the residents of our
county, and
WHEREAS, nonetheless new legislation has been drafted by the Administration
entitled “the Domestic Security Enhancement Act” (DSEA) (also known as
“PATRIOT II”), portions of which would also undermine constitutional rights
and our unique system of checks and balances by further diminishing personal
privacy, reducing the accountability of government, and eroding the constitutional
rights of all persons to due process of law, now therefore be it
RESOLVED, on recommendation of the Consumer and Community Affairs Committee,
That the Tompkins County Legislature affirms its strong commitment to the
protection of the civil rights and civil liberties of all persons in Tompkins
County, including but not limited to their constitutional rights to assemble,
to peacefully protest, and to express their political views without governmental
interference,
RESOLVED, further, That the Tompkins County Legislature supports the
United States Congress in its efforts to oversee and assess the impacts
of the USA PATRIOT Act and to delay passage of the "Domestic Security Enhancement
Act” (DSEA) (also known as “PATRIOT II”) until its potential impacts on
the exercise of protected rights are fully assessed and carefully addressed,
RESOLVED, further, That the Chair of the Legislature is directed
to transmit a copy of this resolution to the New York State Governor, State
Senators, and State Assembly members, accompanied by a letter from the
Tompkins County Legislature urging them to support efforts to monitor Federal
antiterrorism measures and to ensure that New York State antiterrorism
laws and policies be implemented in a manner that does not infringe on
civil rights and civil liberties.
SEQR ACTION: TYPE II-20
Presentation - Overview of the Revised Over-Target Request Budget Forms
Ms. Thomas, Administrative Services Coordinator, provided a demonstration of the revised Over-Target Request form. Modifications include the following: appropriations, revenue, and local share are in columns within the three columns entitled: County Administrator, Recommended, and Budget Committee. Each department/program has a separate box for identification and specifies the fiscal target, one-time requests, and total of target requests. This will provide a total local cost of the program. The program is interactive and will modify the tax rate as changes are made to the budget lines. Suggested amendments to the format were made, with the modified forms provided to the Legislature.
Ms. Kiefer noted she was pleased to see how it is being done in real time, however expressed concern that she believes the cap is driving the budget.
Mr. Joseph addressed the Legislature to discuss the matter of what is considered the legal tentative budget. He explained that he believes it was incorrectly explained last year. Mr. Wood, County Attorney and Mr. Joseph studied the matter and stated that under State law the budget officer (County Administrator) submits the budget proposal that is the tentative budget. The Legislature has the right to amend it in any way it sees fit as the legislature as a whole; not budget or expanded budget committee. When changes are made to the recommended tentative budget in the expanded budget committee, they do not change the tentative budget. For the Public Hearing it will be the tentative budget as amended by the Legislature; the legislature as a whole must approve the changes. He explained that the budget will appear on the first October Legislative agenda and if the Budget Committee has not completed its work the item will be removed from the agenda and placed on the following one. In addition, he stated that the Legislature, if no budget were passed by the second October meeting, will recess on a day-to-day basis to allow for passage at a Budget Committee meeting. Mr. Joseph stressed that until the full Legislature approves changes to the tentative budget the County Administrator's proposed budget is the tentative budget.
Mr. Booth asked if the budget did not have full approval would the County Administrator's proposed budget be the budget and was informed it would. Mr. Todd inquired whether the changes are to be approved as a whole when convened as a full Legislature and was informed that it would be voted on as a whole. It was then stated and confirmed that it would take a majority to send it to the Legislature, but would require eight votes to send the budget to the Public Hearing. Ms. Kiefer asked if it was conceivable that a series of changes could be passed by the full Legislature at several times during the process and was informed it was.
RESOLUTION NO. 181- AUTHORIZATION TO ABSOLVE 2003 HEALTH DEPARTMENT
DEFICIT
MOVED by Ms. Robertson, seconded by Mr. Proto.
It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Blanchard, to add a second resolved in the resolution to read as follows: "Resolved, further, in the event there is a surplus rollover in the Home-care Division in the next year, that balance will be returned to the General Fund." A voice vote resulted as follows: Ayes - 9 (Legislators Blanchard, Booth, Joseph, Koplinka-Loehr, Lane, McBean-Clairborne, Proto, Robertson, and Schuler); Noes - 4 (Legislators Herrera, Kiefer, Todd, and Totman); Excused - 2 (Legislators Penniman and Winch). MOTION APPROVED.
Ms. McBean asked what "due to complex home-care billing issues" means. She was informed by Ms. Conners of the Health Department it was due in part to a new payment system the department was required to use and there was not any information related to revenue figures. Ms. Robertson indicated that the short staffing also made it difficult to consistently process billing. It was noted that there may be funds outstanding but at this time it is unknown. Ms. Kiefer asked if there may be $250,000 in bills outstanding at this time and was informed it is not. It was noted the matter may be revisited in the future. A voice vote resulted as follows: Ayes - 13; Noes - 0; Excused - 2 (Legislators Penniman and Winch). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Health Department closed out 2003 with
a deficit of $248,852 according to the Finance Director’s books, and
WHEREAS, the majority of the deficit was due to complex home-care
billing issues, lower referrals and a reduction in services rendered, and
WHEREAS, the program is currently on target and difficult billing issues
are being resolved, and
WHEREAS, the Department has addressed the issue with its accountant,
the Board of Health, County Administration and the Health and Human Services
Committee and they have found this one year to be an anomaly, now therefore
be it
RESOLVED, on recommendation of the Health and Human Services
Committee and Budget and Capital Committee, That the Health Department
is hereby absolved of the $248,852 deficit from 2003, and the amount will
not need to be taken from the Departmental budget,
RESOLVED further, That in the event there is a surplus rollover
in the Home-care Division in the next year, that balance will be returned
to the General Fund.
SEQR ACTION: TYPE II-20
Recess
Chair Joseph declared recess from 7:55 p.m. to 8:05 p.m.
Chair’s Report and Appointment(s)
Mr. Joseph, Chair, did not have a report or appointments.
Report from the County Administrator
Mr. Whicher, County Administrator, reported that he distributed copies of the New York State Association of Counties Fall Seminar and noted that it would have useful information to those attending. He then called attention to changes made for the 2005 budget workbooks and asked that members be certain to maintain updates. Mr. Whicher then announced that the County's obligation for the CISNET funds has been met and extended appreciation to those who worked on this project.
Report from the County Attorney
Mr. Wood, County Attorney, did not have a report.
Report from the Finance Director
Mr. Squires, Finance Director, did not have a report.
Report from the Facilities and Infrastructure Committee
Mr. Booth, Chair, reported that the recent application for a $500,000 grant for the airport was denied; however, the Airport Task Force is moving ahead and reviewing various aspects to continue to improve the airport's outlook.
RESOLUTION NO. 182- AUTHORIZATION TO EXECUTE EXTENSION OF HIGHWAY SNOW AND ICE AGREEMENT WITH THE STATE OF NEW YORK - HIGHWAY DIVISION
MOVED by Mr. Booth, seconded by Ms. Robertson. Mr. Booth stated that although the present agreement date is through June 30, 2006, the County is acting now, which is the standard practice. Ms. Kiefer indicated she does not support the resolution as she feels it is premature; she would like to see modifications in road responsibilities and does not feel comfortable signing the agreement to 2008 at this time. In response to a question by Ms. Herrera, Mr. Booth stated it is set this far in advance due to a request by the State. He said it does have flexibility for modifications in the agreement due to changes in costs.
Mr. Marx stated costs and roads are subject to modification and that this agreement allows for the continuation of the relationship between the County and State Department of Transportation. Mr. Proto believes that the agreement with the State will assist during the agreement process with the towns for snow and ice removal.
A voice vote resulted as follows: Ayes - 10; Noes - 2 (Legislators
Herrera and Kiefer); Excused - 2 (Legislators Penniman and Winch); Temporarily
Out of Room - 1 (Legislator Blanchard). RESOLUTION APPROVED.
WHEREAS, the County of Tompkins has heretofore entered into an
agreement with the State of New York pursuant to Section 12 of Highway
Law relating to control of snow and ice on State highways, and
WHEREAS, Sections 7 and 10 of said agreement respectively provide
a method of modifying the map of affected State highways and for annually
updating the estimated expenditures, and
WHEREAS, it would be in the best interest of the County to extend
said agreement currently set to expire June 30, 2006, as modified and updated,
for an additional two-year period, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That an extension of the snow and ice agreement is hereby authorized
for a period of two years from July 1, 2006, through June 30, 2008, and
the County Administrator be and hereby is authorized and directed to execute
such extension on behalf of the County.
SEQR ACTION: TYPE II-20
Report from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, reported the Committee will meet on October 6, 2004.
Report and Presentation of Resolution(s) from the Consumer and Community Affairs Committee
Ms. Kiefer, Chair, reported the September 2, 2004, meeting was cancelled due to sparseness of agenda items. The Committee did meet immediately prior to the Legislative meeting to conduct business on the appointment and resolution presented earlier in the meeting.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, stated there were two significant items which came forward as resolutions. In addition, he said the Committee has spent time reviewing the capital program budgets and plans to recommend a complete review of the program next year; and a review of the budget calendar occurred as well. Mr. Koplinka-Loehr provided an overview of the budget outline and noted the items of significance to be discussed at the initial three expanded budget meetings. He outlined that the key issues will be discussed first with approximately fifteen items covered in the first twelve hours of deliberation.
[Ms. Blanchard returned at this time (8:15 p.m.).]
In addition, Mr. Koplinka-Loehr asked that any requests from Legislative members to discuss base budget items be brought to his attention by the third meeting. He also asked that departments notify him as quickly as possible if amendments are being made to the budget information distributed to Legislators. Questions were raised related to schedules and discussions; specifically, what would happen if deliberations on items took longer than planned. Mr. Koplinka-Loehr asked that all efforts be made to keep discussions brief and to the point, however a discussion could not be cut off. Mr. Koplinka-Loehr informed the Legislature that he did not have detailed information on the jail or highway programs, this information will be forthcoming.
Report and Approval of Appointment from the Government Operations Committee
Mr. Lane, Chairman, requested, and Mr. Joseph gave permission to withdraw the resolution entitled Revision of Administrative Manual Policy 01-10 - Contracts and the resolution entitled Adoption of List of Designated Officers and Employees Required to File and Annual Financial Disclosure Form. He then reported that the Committee met on August 19th. Mr. Lane reported on the Public Forum, noting that approximately twenty speakers addressed the Legislature with the majority on the topic of County Executive; the majority appeared opposed to a change in the present form. He stated Ms. Valentino, Town of Ithaca Supervisor, and Don Barber, Town of Caroline Supervisor, were present and informed the Legislature that the Municipal Officers will be meeting on September 28, 2004, and will discuss the topic of County Executive.
Mr. Lane reported that at this time they have not been able to set up a meeting with Broome County to review the County Executive form of government. The Government Operations Committee extended an invitation to Mr. Joseph, Chair, and Mr. Whicher, County Administrator, to attend a meeting to discuss the pros and cons, difficulties and successes, and other issues related to the County Administrator/Executive issue. In addition, the Committee is reviewing the possibility of writing a local law requiring contractors working for the County to participate in an apprenticeship program, for public works contracts over a specified amount. Also, the question of developing a responsible contractor policy that sets goals for contractors is under discussion.
Mr. Lane indicated he withdrew the resolution entitled Contracts and Adoption of a List of Designated Officers and Employees due to new State Legislation that adds assessors to those being required to file the financial disclosure form. He withdrew the resolution entitled Revision of Administrative Manual Policy 01-10 - Contracts at the request of Legislature members who wished to have input prior to it coming to the full Legislature. Mr. Proto inquired on who has the right to review the disclosure forms and was informed they are a public document and are available to anyone making a request.
Appointment
It was MOVED by Mr. Lane, seconded by Mr., and unanimously adopted by voice vote by members present, to approve the following appointment.
Human Rights Commission
Kandea Mosley – term expires December 31, 2006
Report from the Communications Capital Project Committee
Ms. Blanchard, Vice Chair, reported the Committee met on August
19, 2004. She deferred the report until September 21, 2004.
Report from the Space Needs and Location Committee
Mr. Proto, Chairman, reported the Committee has met to review applications related to the recent request for proposals. Presently references are being contacted and the Committee will report to the Legislature as soon as it is appropriate. The September 8, 2004, Committee meeting is cancelled.
Report from the Health and Human Services Committee
Ms. Robertson, Chair, reported the Committee met on August 26th and again just prior to the Legislative meeting. She said that at the August 26th meeting there was an informative discussion related to youth services in the County that highlighted the cooperation between departments to allow the most beneficial and non-duplicating efforts possible. She reaffirmed the need for housing within the County and the importance of the resolution passed prior in the Legislative meeting, noting that overall including INHS and Better Housing, the State funds leveraged $75 for ever $1, from Federal and private sources. Ms. Robertson then informed the Legislature that the September 8, 2004, meeting is been cancelled, the next meeting will be on September 22, 2004 at 11:30 a.m.
Report from the Public Safety Committee
Ms. Blanchard, Chair, reported the Committee met on September 2, 2004. Items covered were a brief discussion on the daily reporting program along with a report from Mr. Whicher, County Administrator, on the CJA/ATI Advisory board project for information/data sources to better understand the fluctuations in jail population. Ms. Blanchard said a lengthy discussion took place related to the status of the capital project for the public safety building. She said the Committee has worked hard for eighteen months bringing along the project; however, it was not favorably viewed by the New York State Commissioner of Corrections. She said there are alternate recommendations to consider and at this time there are two alternatives that appear to be potentially viable; a major rehabilitation effort of the existing jail or to expand to accommodate 136 inmates and make major improvement to the building. On September 21, 2004, it is expected there will be a request to the Legislature to determine which alternative.
Approval of Minutes of August 20, 2004
It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by legislators present, to approve the minutes of the August 20, 2004. MINUTES APPROVED.
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr reported that at this time the Committee is planning one meeting per month, with the first four meetings focusing on choosing one of three goals with five key directions for County Government. Following that, Phase II will go into particular topics in key directions and include working with departments with disciplinary planning around key areas. He noted the Legislature would become more involved following budget proceedings.
Adjournment
On motion the meeting adjourned at 8:40 p.m.