Public Hearing - Local Law 2 of 2004 - A Local Law Amending Article
2 of the Tompkins County Charter to Add a New Section 2.20 Regarding the
Creation of Vacancies Upon Failure of County Appointed Officials to Attend
Meetings
Mr. Joseph called a public hearing to order at 5:30 p.m. concerning Local Law 2 of 2004 - A Local Law Amending Article 2 of the Tompkins County Charter to Add a New Section 2.20 Regarding the Creation of Vacancies Upon Failure of County Appointed Officials to Attend Meetings, and asked if anyone wished to speak.
No one wished to speak and the public hearing was closed at 5:31 p.m.
Called to Order
Mr. Joseph called the meeting to order at 5:31 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: 14 Legislators. (Legislator Penniman arrived at 5:45 p.m.)
Presentation of Proclamation
Chair Joseph presented Seth Wraight, a 4-H member, a proclamation declaring the week of October 3–9, 2004, as Cornell Cooperative Extension Week and 4-H Week in Tompkins County. Mr. Wainright thanked the Tompkins County Legislature on behalf of Cornell Cooperative Extension and all 4-H members.
Privilege of the Floor by the Public
Willard Daetsch, Town of Danby Resident and Human Rights Commissioner, announced the upcoming Human Rights Commission Awards Dinner to be held on December 10, 2004, at Beverly J. Martin School. He stated that applications for the Human Rights Award should be submitted by October 22, 2004.
Privilege of the Floor by Legislators
Ms. Schuler, District No. 4 Legislator, reported that the "Redirecty: A Guide to Reuse in Tompkins County" is now available at the Solid Waste Division. She then announced two upcoming events: the Open Studios event of the Ithaca Art Trail taking place October 9, 10 and 16,17 from 12:00 noon to 6:00 p.m. each day, and 4-H Achievement Night being held October 23, 2004, at 4-H.
Ms. Kiefer, District No. 10 Legislator, announced that this week is Health Care Action Week nationwide. She also reported that locally on October 7th Jobs with Justice will be releasing a new research report entitled Waste Not Want Not; how eliminating insurance and pharmaceutical industry waste can fund health care for all. Ms. Kiefer then spoke of the impact the election year has on Federal government business, noting the issuance of regulations come to a halt until elections are over. She expressed concern on the nomination of W. David Hager, M.D., to head the Federal Drug Administration Reproductive Health Drug Advisory Committee, who authored several books, including one recommending that menstruation problems can be relieved through prayer. Ms. Kiefer does not feel this nomination, not subject to Senate or House confirmation, is appropriate for this committee given his conservative Christian beliefs.
Ms. Robertson, District No. 13 Legislator, spoke of her attendance at the New York State Association of Counties Fall Seminar, reporting that Ken Crannell provided an analysis of the New York State budget. This analysis indicated that the Legislature's decision to take over Family Health Plus would only provide an estimated $320,000 in relief locally next year and twice as much the following year; however in light of the $11 million budget it is insignificant. The total net amount for the State is that the 2004 State budget will cost $100 million more for counties.
Mr. Proto, District No. 7 Legislator, reported on four events: the upcoming Farm Bureau Annual Dinner to be held at the Lehigh Valley House on October 18, 2004, at 6:00 p.m.; an article appearing in the October 5, 2004, Ithaca Journal, stating that New York State Electric and Gas Corporation rates will be increasing approximately 15 percent starting in January 2005; the United States Postal Service offer to provide free packaging materials to families of armed service members who are overseas; and the recent Vietnam Veterans Watchfire held at Myers Point, Lansing, New York, that included a contingent from Cornell University ROTC present. Mr. Proto thanked Mr. Lane and all who were involved with planning the Watchfire event and the Town of Lansing for the use of the Town park.
[Mr. Penniman arrived at this time.]
Mr. Lane, District No. 14 Legislator, joined Mr. Proto in acknowledging the Watchfire event and thanking those who participated. He then spoke of recent activities occurring in Albany regarding constituents expressing to State Legislators displeasure regarding a variety of problems with the operations of the State legislative procedures. Mr. Lane noted there is a tip-toe movement toward reform of some sort. He noted 17 members of the Assembly have called for reforms that are essentially put forth by a private commission. In the Senate, Senator Bruno has called on the 31 members of the Republican Majority to look at the Senate's structure. Mr. Lane does not believe it will provide a major Constitutional reform but believes that grass root efforts have an effect.
Mrs. McBean-Clairborne, District No. 2 Legislator, reported that a group of teenagers from Greater Ithaca Activities Center (GIAC) and the Friendship Network will be holding a Disaster Relief Drive on October 16, 2004. Donations of clothing, and other items including cash donations are also welcomed for this benefit to assist residents in Haiti and Grenada. Mrs. McBean-Clairborne then spoke of her recent visit to the Los Angeles area which made her realize the importance of protecting the environment and how wonderful an area we live in. She hopes that the smog and emissions that exist in Los Angeles will never be present in Tompkins County.
Ms. Robertson, reminded individuals that Friday, October 8, 2004, is the last day to register to vote in order to participate in the Presidential elections. She also noted that college students are eligible to register at the location of their schools.
Chair's Report
Mr. Joseph did not have a report.
Mr. Winch inquired what the process would be when determining items to be brought forward for discussion with Cornell University. Mr. Joseph said a Committee comprised of Mr. Booth, Ms. Skinner, Mr. Whicher, and himself will review items submitted and will prioritize in a manner to attempt to have reasonable and attainable goals to present.
County Administrator's Report
Mr. Whicher did not have a report. He requested an Executive Session at the end of regular business to discuss personnel and negotiation items.
County Attorney's Report
Mr. Wood reported that a motion to dismiss from Federal Court regarding subject matter jurisdiction in the Serling-Sutton vs. Tompkins County case was denied, with the Federal Court stating they have jurisdictional subject matter grounds. This case will be heard in the Federal Court and Mr. Wood does not feel it will effect the outcome of the case.
Financial Director's Report
Mr. Squires reported that at this time $84,000 of US Air obligation has not been received due to the recent bankruptcy. He noted that a recent Wall Street Journal article entitled "Don't Weep for US Air's Small Cities" stated that Ithaca, New York, was listed as one of the top enplanement figures for small cities.
Mr. Squires stated that during October he is required to send out foreclosure notices and reported that there are 30 percent less this year than last (139 in 2003, 102 in 2004). He believes this to be a signal of a healthy economy.
Addition of Resolution(s) to the Agenda
It was MOVED by the appropriate committee chair, seconded and unanimously adopted by voice vote, to add the following resolutions:
· To Cancel A Public Hearing for the Small Cities Community Development
Block Grant Program for Program Year 2005 Funding
· Authorization to Transfer Monies from Corrections Budget Payroll
to Professional Services
Withdrawal of Resolution(s) from the Agenda
Mr. Joseph gave permission to the appropriate committee chair to withdraw the resolution entitled Adoption of Amendments to the 2005 Tentative Tompkins County Budget and 2005-2009 Capital Program from the agenda.
Approval of Resolution(s) Under the Consent Agenda
RESOLUTION NO. 190 - ESTABLISHING COUNTY EQUALIZATION RATES
It was MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote to approve the following resolution(s) under Consent Agenda:
MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted 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 2004, and for the apportionment of County taxes levied in 2005, 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 126,098,484 100 126,098,484
Town of Danby 159,988,055 100 159,988,055
Town of Dryden 615,770,343 100 615,770,343
Town of Enfield 124,952,616 100 124,952,616
Town of Groton 182,968,519 100 182,968,519
Town of Ithaca 939,507,448 100 939,507,448
Town of Lansing 987,107,985 100 987,107,985
Town of Newfield 181,945,489 100 181,945,489
Town of Ulysses 295,759,675 100 295,759,675
City of Ithaca 1,025,298,235 100 1,025,298,235
TOTALS $4,639,396,849
$4,639,396,849
SEQR ACTION: TYPE II-20
Report and Presentation of Resolution(s) from the Public Safety Committee
Ms. Blanchard, Chair, reported that the Committee met prior to the Legislative meeting. The Committee authorized the filling of two positions and the following resolution.
Ms. Blanchard stated that the October 7, 2004, Public Safety Committee meeting was cancelled.
RESOLUTION NO. 191 - AUTHORIZATION TO TRANSFER MONIES FROM
CORRECTIONS BUDGET PAYROLL TO PROFESSIONAL SERVICES
MOVED by Ms. Blanchard, seconded by Mr. Totman. The final
estimates were $40,000 for the work inside the building and $19,000 - $20,000
to complete the work on the entire parking lot. She stated the area
in front of the Public Safety Building could be repaired at this time at
a lower cost than in the future. A voice vote on the motion resulted
as follows: Ayes - 15; Noes - 0. RESOLUTION ADOPTED.
WHEREAS, improvements are necessary to the public safety building
that will promote office efficiency and accomplish needed repairs to the
parking lot, and
WHEREAS, there is money available in the overtime line of the
2004 Corrections budget to fund such improvements, now therefore be it
RESOLVED, on recommendation of the Public Safety and Budget and
Capital Committees, That the Finance Director be directed to make the following
budget adjustment on his books:
BUDGET ADJUSTMENT
A3150.51200406 Overtime Payroll
$60,000
A3110.54442 Professional
Services $60,000
SEQR ACTION: TYPE II-20
Report from and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Booth, Chair, did not have a report.
RESOLUTION NO. 192 - REVISION OF ADMINISTRATIVE MANUAL POLICY NUMBER 04-04 - WORKWEEK AND WORK SHIFT - HIGHWAY DIVISION
MOVED by Mr. Booth, seconded by Mr. Winch. Mr. Proto inquired why Mr. Lane did not support the resolution at the Committee level and was informed by Mr. Lane that he feels all County offices should remain open until 5:00 p.m. A voice vote on the motion resulted as follows: Ayes - 13; Noes - 2 (Legislators Lane and Proto). RESOLUTION ADOPTED.
WHEREAS, it has been demonstrated that the Highway Division office does
not need to be open between the hours of 4:00 – 4:30 p.m., and
WHEREAS, highway field personnel start their workday at 7:00 a.m. or
earlier year around, which creates a need for administrative resources,
and
WHEREAS, the Facilities and Infrastructure Committee has reviewed Policy
04-04 to change the office hours from 8:30 a.m. – 4:30 p.m. to 7:00 a.m.
– 4:00 p.m., now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure and
the Government Operations Committees, That the following Administrative
Policy is adopted as amended:
04-04 - Workweek and Work Shift.
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Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, reported the 2003 Planning Department Annual Report has been provided to each Legislator. She said the Committee will meet on October 6, 2004, and highlighted agenda items including a report from the Strategic Tourism Planning Board.
RESOLUTION NO. 193 – TO CANCEL A PUBLIC HEARING FOR THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR PROGRAM YEAR 2005 FUNDING
MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr. Mr. Marx said three proposals were received and that the Planning Advisory Board has reviewed them and made a recommendation. At this time more information is being compiled regarding several years revenue information to determine which proposal will have the most impact for first-time home buyers. It is anticipated to have the information within the next month, within the timeframe of the grant requirements. A voice vote resulted as follows: Ayes - 15; Noes - 0. RESOLUTION ADOPTED.
WHEREAS, applications for housing, public facilities, and microenterprise
programs for the New York State Governor’s Office for Small Cities’ program
year 2005 funding for the Small Cities Community Development Block Grant
(CDBG) program will be accepted in the spring of 2005, and
WHEREAS, on August 17, 2004, the Tompkins County Legislature
scheduled a public hearing on October 19, 2004, to discuss submitting a
specific application for funding under the CDBG program, and
WHEREAS, Tompkins County has not yet identified a specific project
application to submit for funding, now therefore be it
RESOLVED, That the public hearing set for October 19, 2004, at
5:30 p.m., to discuss submitting a specific application for funding under
the CDBG program, be postponed until such time that a specific project
is identified.
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Report from the Consumer and Community Affairs Committee
Ms. Kiefer, Chair, said the Committee has not met and the October 7, 2004, meeting is cancelled due to the lack of pressing agenda items.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met prior to the Legislative meeting to act upon resolutions. He then stated that as an Expanded Budget Committee, there have been three meetings which first covered all departments except for Administration and those departments and agencies not requesting over target requests. On Friday, October 8, 2004, the Committee will continue its review and cover any revisits.
Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Lane, Chair, reported the Committee has not met since the last Legislative meeting. He reminded Legislators of the upcoming field trip to Broome County on October 12, 2004, to discuss their County Executive form of government. The schedule includes meeting with the Chair and minority leader, the County Executive is not available. The next Committee meeting will take place on October 21 at 2:00 p.m.
RESOLUTION NO. 194 - AUTHORIZING A PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. c OF 2004 - A LOCAL LAW AMENDING ARTICLE 2.08 (c) OF THE
TOMPKINS COUNTY CHARTER - COMPOSITION OF SPECIAL NEGOTIATING COMMITTEE
MOVED by Mr. Lane, seconded by Mr. Penniman. Mr. Proto
inquired why this amendment is necessary and was informed by Mr. Lane that
it is a technical change that will bring conformity to present practice
and the Charter. A voice vote resulted as follows: Ayes - 15;
Noes - 0. RESOLUTION ADOPTED.
WHEREAS, there is a need to amend composition of Special Negotiating
Committee, now therefore be it
RESOLVED, on recommendation of the Government Operations 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, October 19, 2004, at 5:30 o'clock
in the evening thereof concerning proposed Local Law No. c of 2004 - A
Local Law Amending Article 2.08 (C) of the Tompkins County Charter - Composition
of Special Negotiating Committee. 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.
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RESOLUTION NO. 195 - ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS OF TOTALS (FOOTINGS) OF ASSESSMENT ROLLS
MOVED by Mr. Lane, seconded by Mr. Booth. Ms. Schuler requested
historical information related to the annual figures be provided for review.
A voice vote resulted as follows: Ayes - 15; Noes - 0. RESOLUTION
ADOPTED.
WHEREAS, Tompkins County desires to maintain an official record
of the 2004 Final Assessment Roll, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the regular and supplemental report of the totals (footings) of assessment
rolls be accepted and the figures therein be used as a basis for the taxation
in the several tax districts of the County for the year 2005 based upon
the July 1, 2004 County of Tompkins Final Assessment Roll.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 196 - ADOPTION OF LOCAL LAW NO. 2 OF 2004 - A LOCAL
LAW AMENDING THE TOMPKINS COUNTY CHARTER TO ADD A NEW SECTION 2.20 REGARDING
THE CREATION OF VACANCIES UPON FAILURE OF
APPOINTED COUNTY OFFICIALS TO ATTEND MEETINGS
MOVED by Mr. Lane, seconded by Mr. Winch. Mr. Winch said
this change provides a mechanism to recognize a vacancy and provide a procedure
to follow. Mr. Joseph said staff comments regarding this change
are located within the correspondence folder on the desk. Mr. Lane
stated this will require advisory boards to review their bylaws and may
require a change to be approved by the Government Operations Committee.
Mr. Wood, County Attorney, suggested the removal of the word consecutive
from the amendment as it could require an entire year to pass as not all
advisory boards and committees meet monthly. A brief discussion regarding
the process of requesting to be excused took place and it was noted that
it may take time to set a standard procedure but that overall the amendment
was worthwhile. A voice vote resulted as follows: Ayes - 15;
Noes - 0. RESOLUTION ADOPTED.
WHEREAS, a public hearing was held before the Tompkins County
Legislature on October 5, 2004, to hear all persons interested in proposed
Local Law No. 2 of 2004, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That proposed Local Law No. 2 of 2004 - A Local Law Amending the Tompkins
County Charter to Add a New Section 2.20 Regarding the Creation of Vacancies
Upon Failure of County Appointed Officials to Attend Meetings, 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.
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Report from the Communications Capital Projects Committee
Mr. Penniman, Chair, stated the Committee has not met since the last Legislative meeting. He reminded members of the Legislature and the public of the dedication of the new Public Safety Communications Building on Wednesday, October 6, 2004, from 4:00 - 6:00 p.m.
Report from the Space Needs and Location Committee
Mr. Proto, Chair, reported the Committee met earlier in the day to discuss the scope of services to be provided by the organization to be retained to work on the space needs project. He said Ms. Buck and Mr. LeMaro have spent a great deal of time assisting in this endeavor and will take the Committee recommendations back to the contractor for final negotiations. Mr. Proto said upon completion of the negotiation process a report will be forthcoming to the Legislature. The next scheduled meeting is on October 13, 2004, however it may be cancelled pending arrival of the contract.
Report from the Health and Human Services Committee
Ms. Robertson, Chair, stated the Committee met last on September 22, 2004. She then noted the October 13, 2004, meeting is cancelled; the next scheduled meeting will be on October 27th. Ms. Robertson reported that at the September 22 meeting the Committee received a report on the Department of Social Services Dental Management that has grown significantly in the last year. She said that in July 2003 there were 57 participants, and as of July 2004 the number has grown to 319 participants. In addition. There was a report from Mr. Marx and Mr. Mank of the Planning Department that the census information has been received to provide information relative to the County's non-student population. In 2000 there were 27,200 attending college in the County. Ms. Robertson noted that when removing the higher education population Tompkins County is very similar in its make-up to surrounding counties; information can be located at the Planning Department web site. She then spoke of Ms. Kippola's presentation of the prescription discount plan. She said there will be some cost for the marketing of the program, Ms. Falcao of the Health Planning Council is attempting to locate funding to assist with this. Ms. Robertson hopes to have an endorsing resolution prepared for the October 27th meeting, coming to the full Legislature November 3rd. Ms. Bennett and Ms. Zahler provided a report from the City Drug Task Force on the 2003 survey of 2,600 youth at six City schools on a variety of topics including alcohol use and sexual activity, about which the youth indicated they thought their peers do more than they actually do. Ms. Zahler announced the task force grant was approved for the full amount and will be modifying her 2005 budget request.
Mr. Booth noted that he feels there is a need for caution regarding
the prescription drug plan and, because of Federal regulations, raised
the following questions:
· Whether the County could potentially be liable for anyone
purchasing a drug through the plan and a problem occurs.
· Is there the potential for lost resources from Federal or
State government as a result of implementing the plan.
· Whether an individual participating in this plan would lose
other benefits presently afforded them.
Mr. Whicher said this plan was chosen to eliminate some of the concerns mentioned by Mr. Booth. He said the plan being contracted for does not provide the Canadian drug prescription option; that while the savings may not be as much as purchasing the prescription in Canada it has no application fee and can provide information on foreign sources if an individual wishes to purchase them directly. Mr. Joseph stated the plan is a first step and as it is designed for individuals without coverage it will not cause services to be lost but will assist some financially.
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr, Chair, stated that at this time he is setting the December 3, 2004, schedule for presentations related to the recent survey provided to department heads. These one-page forms should be returned by November 9, 2004 which will provide background information. At this time he is planning a second meeting during the second week of January 2005.
Recess
Mr. Joseph declared recess at 6:36 p.m. The meeting reconvened at 6:45 p.m.
Executive Session
It was MOVED by Mr. Penniman, seconded by Ms. Schuler, and unanimously approved by voice vote of members to hold an Executive Session to discuss personnel and negotiation matters. An executive session began at 6:45 p.m. and returned to open session at 7:35 p.m.
The following action was taken in executive session:
It was MOVED by Mr. Penniman, seconded by Ms. Schuler, and unanimously adopted by voice vote, to add to the agenda the resolution entitled:
· Dedication And Naming Of Space - John L. Miller Communications Wing - Emergency Response
RESOLUTION NO. 197 - DEDICATION AND NAMING OF SPACE - JOHN L. MILLER COMMUNICATIONS WING - EMERGENCY RESPONSE CENTER
MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote. RESOLUTION ADOPTED.
WHEREAS, Tompkins County will dedicate the new Emergency Response Center
on October 6, 2004, after several years of planning, coordination, and
construction, and
WHEREAS, the Emergency Response Center is the focal point for the County’s
emergency response activities and includes facilities for coordination
and training of fire, disaster, and emergency medical services personnel,
an emergency operations center, the public safety communications systems,
and consolidated dispatching functions, and
WHEREAS, the communications systems were conceived, planned, and developed
throughout the past three decades under the leadership of John (Jack) L.
Miller, Retired Fire, Disaster, and EMS Coordinator, and
WHEREAS, Jack Miller is recognized as a pioneer in the field of public
safety communications, having established Tompkins County as a premier
model for counties providing such services, and
WHEREAS, Jack Miller established a single, countywide emergency reporting
phone number (273-8000) in 1972, led the move to Enhanced 911 services
in 1997, coordinated centralized dispatching, directed the construction
of communications system infrastructures, and guided the development of
Computer-Aided Dispatch, Automatic Location Information, and other voice
and data networks, and
WHEREAS, the east wing of the new building shall now house these various
and significant communications functions and systems, and
WHEREAS, the Tompkins County Legislature, as well as the entire public
safety community, desires to acknowledge the significant contributions
and dedication of Coordinator Miller in bringing these operations to completion,
now therefore be it
RESOLVED, That the Tompkins County Legislature does hereby dedicate
and name the “John L. Miller Communications Wing” within the Tompkins County
Emergency Response Center in sincere recognition of Jack Miller’s longstanding
service and accomplishments on behalf of the citizens of Tompkins County.
SEQR ACTION: TYPE II-20
The following Legislators were excused during executive session:
Ms. Blanchard, 7:21 p.m.; Mr. Totman, 7:25 p.m.; Ms. Herrera, 7:26 p.m.; Mr. Todd, 7:31 p.m.; and Mr. Proto, 7:32 p.m.
Adjournment
The meeting adjourned at 7:35 p.m.
Respectfully submitted by Karen Fuller, TC Legislature Office
Tompkins
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