Public Hearing – Tompkins County Comprehensive Plan
Chair Joseph called the public hearing to order at 5:30 p.m. concerning the adoption of the proposed Tompkins County Comprehensive Plan and asked if anyone wished to speak.
Herbert Engman, Ithaca Resident, spoke in favor of the Tompkins County Comprehensive Plan, noting that he had reviewed the plan under three bodies, the Town of Ithaca, Tompkins County Environmental Management Council, and the Planning Advisory Board. He said that while some individuals have differences of opinion regarding the document he found it to be a succinct plan that provides suggestions that can be completed.
Becky Bilderback, member of the Town of Caroline Board and the Planning Advisory Board, spoke in favor of the Tompkins County Comprehensive Plan. She said she was impressed with the extensive outreach undertaken by the Planning Department regarding this document.
Bill Lesser, Town of Ithaca, stated he felt it was excellent to take on the task of the Tompkins County Comprehensive plan; however, he noted it does not address such important areas as air quality, energy and believes it lacks clarity in some areas such as specific regulations and activities to be undertaken as well as references to such things as pedestrian's walking. Mr. Lesser provided written suggestions to the Planning Department for review. Mr. Lesser noted rather than calling it "comprehensive" a more appropriate title would be "A Vision of the Future."
Mr. Booth arrived at this time (5:38 p.m.).
Joel Harlan, Town of Newfield resident, expressed his belief that local educational facilities such as Cornell University and Ithaca College should contribute funding to the community. Mr. Harlan believes that decisions may be influenced by the need of these facilities more than they should.
Krys Cail, Town of Ulysses resident, spoke in favor of the Tompkins County Comprehensive Plan, particularly for the foresight to include a section on micro-entrepreneurship programs. She noted the success of these programs in other areas of the country and that the connection of agricultural and rural areas was inspiring and well worth review.
No one else wished to speak and the public hearing was closed at 5:48 p.m.
Called to Order
Mr. Joseph called the meeting to order at 5:48 p.m.
Pledge of Allegiance to the Flag and Roll Call of Members
Members and guests participated in the Pledge of Allegiance to the Flag.
Present: 15 Legislators.
Introduction of the Second Poet Laureate
Mr. Joseph introduced Michelle Berry as the second Poet Laureate
of Tompkins County. Ms. Berry is the 2nd Poet Laureate for the County.
Her position runs until December 31, 2005.
The Poem Itself
--The quality of light by which we scrutinize our lives has direct
bearing upon the product which we live, and upon the changes which we hope
to bring about through those lives. (From Poetry Is Not A Luxury, by Audre
Lorde).
It takes a moment, maybe longer, to decide to complicate matters.
Even with the baby in the sling, garlic and collards steaming the stove,
The radio humming, the contractors banging loose the old windows,
And the too-early loss of light, I am determined to write a new poem
for the event
The occasion of appearing before the Legislature to be named the newest
Laureate
Warrants something much more than an old standby.
My mother calls to tell me about her diarrhea and her latest purchase
from QVC.
I can tell she is not impressed with my new title.
But an old poem might be the more sensible choice, the censor in my
head warns.
The two cats stretch before me, preening, lazy as ever.
If re-incarnation exists, then I want to come back as a housecat in
a warm house
With a nice lady who feeds me gourmet, rubs my ears, and lets me curl
on her lap.
During this fantasy of being a housecat in my next life, the fax machine
trills
It’s out of paper, so the crazy beeping begins until I shove paper
in,
Excited that this might indeed be a message of sorts—A Fax from God!
But it is only a news release from a PR firm in D.C.
Alerting me that I can now wear an America Supports You dog tag as
a visible sign of support
For our troops, a campaign launched by the Department of Defense,
Just highlighted in President Bush’s speech at Camp Pendleton.
I am broken from my reverie, my attention back to war—
I don’t want to think about war—or jails, for that matter.
Nor how we are divided, not just here in the County,
But all over, the red states versus the blue states, and all that blah
blah blah, whatever it all means.
I do not want to think that by wanting peace, some of our service people
Feel unappreciated or worse, forgotten.
I do want to remember when I was very young and thought
The Electoral College was a place you could take classes at.
I do not want to think of all the people we loved who died this year
and last,
That some children go to bed beaten and hungry,
That some man is afraid to tell people his wife hits.
I do not want to know that each year, people throw brand new outfits,
bed linens,
J-Crew cable knit sweaters, and one hundred fifty dollar sneakers into
the trash.
I don’t want to see all the Confederate flags or feel the way the unanswered
questions
Turn in my mouth like ice.
I want to ask why this symbol is so important
And if I knocked at the door—you, with your Confederate flag flapping,
Me, with my mouth full of frozen questions, would you invite me in?
Thinking I was crazy to knock, and you, too startled to turn away?
Some day soon I want a wealthy person to buy me a summer home overlooking
Cayuga Lake,
So I could write poems all day about how the glaciers came and left
the lake behind.
I could write of our County’s 400 plus miles of rugged hills, sloping
valleys, dairy farms, or the Inlet streams, gorges, gristmills, and legendary
locomotives.
I could write of our early immigrants—Italian, Hungarian, Greek, Finn,
and of the
Two Chinese people cited in 1900.
I could pen poems about Lansing’s Turnpike Inn,
Groton’s Baker Miller Lumber Company, farms in Freeville
Tom Trencansky’s passenger trains at night photography,
Dryden’s Dairy Day and Danby’s resolution calling for the repeal of
the Patriot Act.
With a home overlooking the lake, I could imagine
When the Town of Ulysses was once all of Ithaca and Trumansburg,
Or marvel that the City of Ithaca is the Northeastern Seat for The
14th Dalai Lama.
I could sit by Newfield’s covered bridge writing of first love,
Or by the Old Mill in Enfield learning the language of bees,
Hike the two Indian trails in Caroline, one near Shindigan Valley,
The other, a portion of the Iroquois Warrior’s Trail that crossed Six
Mile Creek,
Or just eat soul food at the Simply Red Bistro in Trumansburg.
There is wildness to me now, something that wants and wants
The stoppered poems released into their converging rivers.
Something insides wants to sing a jazzy-blues-gospel
But ain’t it hard when Lady Day does it so much better?
And then there’s Aretha Franklin—why do people even try to ‘cover’
Aretha?
There’s no point in trying to sing her songs, just let it be people,
let it be.
I want to reach beyond the ache to let loose my deep down gospel.
I want to hear poems from the one-room trailer or from within the
Fancy house in the Heights, its windows burning with light,
I want to slow down and stare, but I worry I’ll be accused of stalking,
Or worse yet, coveting.
I want to hear the hiss of wood crackling,
The smell of soup boiling,
The poetry of when how your children return home, it is right then,
You realize how much you missed them.
I want to hear the sound of the County rising, the school bus wheels
turning
Or the parents rising to home school their kids, the newborn babies
wailing,
The light snow landing, the way you grind coffee beans or laugh at
the people who do,
The ones obsessed with Gimme! Coffee and for you, Maxwell House will
do just fine.
I want to hear the way your boots slide as you race out the door
The morning humming with news of the people in Ithaca plotting to overthrow
Something, anything!
And just all that—the poetry of the County that calls out good day,
Good day, to the overcast sky and the threat of rain
Good day to blues, good day to rain
Good-bye to overcast sky, rain, and blues
We no longer fear you. ©
Michelle Courtney Berry
Proclamation
Mr. Joseph read the proclamation declaring December 15, 2004, to be Bill of Rights Day in Tompkins County.
Privilege of the Floor by the Public
Edward Hershey, Town of Ithaca resident, made the following statement:
"Resisting improvements to our jail in the name of reform - on the premise that if we allow the jail to deteriorate, alternatives to incarceration will seem like a better option -- seems about as logical to me as deciding not to maintain a good hospital so more people will avail themselves of outpatient care.
"I reported on the Attica prison riot and spent six years working in the largest jail system in America. Nobody in this room favors jail diversion programs more than I do. But even after we optimize every reasonable alternative, many defendants and offenders who do not qualify will still go to jail. These are rarely people of privilege. They are largely indigent, often members of minority and immigrant groups, and, more and more, mentally disabled individuals who fall through the cracks that have become gaping holes in our educational and mental health systems. Kill the jail project and you effectively sentence them, and their families, to needless suffering -- and create new victims of crimes they will commit if we don't do all that we can to help them embark on another path before their release.
"Three quick points:
"One, as we learned here only recently, it is hard to predict just how large a jail we will need next week, let along in 20 or 30 years. And it is always wrong to equate census with capacity. Jails are volatile places that must classify inmates daily, separating men from women, adults from adolescents, convicts from detainees, predators from victims, and then creating areas of protective custody, mental observation and high security.
"Two, if interdiction is the key to successful jail diversion, it is even more important inside the jail, where inmates 24/7 presence optimizes the ability of social, medical, mental health, educational and other service providers to turn their lives around. But that requires humane conditions, a decent atmosphere, adequate space, and reasonable access.
"Three, seeing inmates as just so much human disposable waste, shipping them away from family, lawyers and local support is bad enough in emergencies. As de facto public policy it is perverse and short-sighted, trading capital debt for added operating expense, demoralizing criminal justice professionals, and exporting tax dollars so other counties can balance their budgets with funds we could use to pay the debt service on an effective jail -- on top of the half-million dollars in study costs we would be throwing down the drain by stopping the project now.
"The diversion afoot here is not about good policy. It's a smokescreen designed to mask abdication of responsibility. Please see through it. Make the prudent and right decision: proceed with the compromise 136-bed jail."
Pete Meyers, Town of Ithaca, encouraged passage of the budget without inclusion of the jail expansion. He sees the need to possibly board out and feels if the jail was expanded it would be filled.
Tim Roche, President of Youth Advocates Program, stated he has followed the issue of jail capacities and spoke of two studies of capacity-driven incarceration, one done in 1980 that was published in 1982, noting the capacity of jails are a significant indicator of current or future jail populations. He further stated the 1998 study by the Justice Department of Indiana spoke to the fact that the daily arrests had little consequence predicting incarceration. Mr. Roche believes the local jail population is by and large a non-violent population that could be safety and effectively managed in the community. He believes funding for youth programs would be jeopardized if the jail were expanded.
David McFarren, Ithaca resident, spoke of increasing construction costs, particularly in steel. He believes that the overall cost for the project would greatly exceed present estimates.
Marysol Valle, Ithaca resident, spoke of her brother's incarceration and how she believes individuals are not rehabilitated. She believes that it is through a strong support network of caring individuals who exhibit compassion and support that positive outcomes for inmates will result.
Gino Bush, Ithaca resident, spoke of his experience with correctional facilities and does not believe rehabilitation comes from within them. He believes that through community involvement and elimination of class and racism inmates can become productive members of society.
Jessica Stewart, Ithaca resident, asked that the jail expansion not be supported. She believes it to be too expensive and that the jail should be used for short-term, crisis situations.
Jean Pierra Vesdijo, Ithaca resident, spoke of what a difficult decision this is; he does not believe the jail rehabilitates and asked that the community develop new programs to better serve those now or potentially incarcerated.
Katie Williams, Ithaca resident, said she has spoken on the issue of jail expansion for 2.5 years. She said the majority of inmates are parole violators and will go on to other correctional facilities. She believes it is better to remodel and upgrade rather than expand. Additionally, she believes additional funding should be used to develop programs and employment for the county.
Joel Harlan, Newfield resident, said it is difficult to make the decision regarding the jail; if not built now it may be needed at a later date. He believes that other counties are expanding and it may be necessary. He again reiterated the need for local educational facilities to contribute to the community.
Joey Cardamone, City of Ithaca resident, believed that the funds could be better spent on crime prevention programs that will assist young families and would see a return of less crime and dependency on social service programs.
Mecke Nagel, SUNY Cortland Philosophy Professor, said she works with incarcerated youth in local jails. She believes that a halfway house would be a better choice than jail expansion; however, the state requirements are difficult to work through. She believes jails only train for additional bad behavior.
Emmy Koponen, City of Ithaca, does not support the expansion of the jail and would like to see more funds spent on the reduction of energy consumption in all forms.
Fay Gougakis, City of Ithaca, feels it is more important to expand the jail only when absolutely necessary. She said she did not like to hear that Albany threatened the County with sanctions. Ms. Gougakis then spoke of the recent press release from the Environmental Management Council speaking out against Cornell University requests to reduce monitoring points and length of time as it relates to lakesource cooling. She believes that the lake needs to be protected and this request should not be allowed. Additionally, she believes that Cornell University should assist in funding the jail as residents of the campus are sometimes housed there.
Clare Grady, City of Ithaca resident, spoke in opposition to the jail and shared insights from her incarcerations. She shared her belief that it is not appropriate to have inmates publicly viewed while in chains.
Sonya Koutun, Danby resident, feels that the jail should not be expanded and that education through appropriate associations would benefit all.
Bob Nabe, Lansing resident, feels funding would be better spent on alternative energy such as solar power rather than jail expansion.
Bernie Vetterlie, Ithaca resident, did not approve of jail expansion.
Privilege of the Floor by Legislators
Ms. Blanchard, District No. 1 Legislator, expressed appreciation to Ms. Grady for her telephone call regarding jail expansion, noting Ms. Grady asked Ms. Blanchard's opinion of how she felt. Ms. Blanchard then reported she just heard that the State Legislature has taken action to reform the Rockefeller Drug Laws, which will affect some of the longer-sentenced inmates within the state. She stated this is one of the items the State Department of Corrections has indicated will increase local jail populations.
Ms. Robertson, District No. 13 Legislator, reported on two drug court graduations: the first on December 8, 2004, 3 p.m. in the main County Courthouse; and the second to be held on December 16, 2004, at the Ithaca City Courthouse. She spoke of the intense and difficult programs individuals must undertake to graduate from the programs and the sense of pride that results when completed.
Mrs. McBean-Clairborne, District No. 2 Legislator, expressed appreciation to residents of the community for their comments. She then spoke of the Tompkins County Human Rights Annual dinner and ceremony to take place December 10, 2004. Mrs. McBean-Clairborne noted Ms. Malone will be receiving an award for her extensive volunteer work related to fund-raising for Haiti and Grenada.
Ms. Herrera, District No. 5 Legislator, thanked all who attended the meeting. She then reported on the State Legislature's veto override related to increasing the minimum wage in the State. She stated it indicates awareness of the importance of providing adequate wages, and she thanked the Working Families Party for their efforts.
Ms. Booth, District No. 3 Legislator, stated he agreed with the Environmental Management Council's statements related to Cornel University Lakesource Cooling, noting the long-term health of the lake is critical to the County. Additionally, Mr. Booth stated that he has been an employee of Cornell University for many years and has been a City Councilman as well as now being a representative of the County. Responding to earlier comments he wanted to make it clear that at no time has his employer ever attempted to influence his decisions related to issues facing either City Council or the County Legislature. Mr. Booth then spoke of the jail, noting he does not feel money should be spent for design of a much larger jail than the County needs. He said individuals need to know that the county has no power related to the jail except those powers delegated to it by New York State. He noted further that the vote not to proceed with construction expresses an opinion that may not be held by the State, and he stressed that New York State may ultimately make the determination of jail size.
Mr. Lane, District No. 14 Legislator, spoke of recent deaths of service personnel in Iraq and asked that as the war continues people need to remember that regardless of position, to keep in mind those serving.
Ms. Roberston noted the County has five employees who have served in this military action to date.
Mr. Proto, District No. 7 Legislator, said a member of the Tompkins County Board of Health is also serving at this time. He then asked that everyone remember December 7, 2004, is the sixty-third anniversary of the attack at Pearl Harbor; another time when many young soldiers gave their lives while in the service of their country.
RESOLUTION NO. 243 - ADOPTION OF 2005 TOMPKINS COUNTY BUDGET AND 2005-2009 TOMPKINS COUNTY CAPITAL PROGRAM
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman.
AMENDMENT TO THE 2005 CAPITAL PROGRAM AND JAIL BOARD OUT ADJUSTMENTS
It was MOVED by Ms. Robertson, seconded by Ms. Schuler, to offer the following amendment to the 2005 Capital Program and Jail Board Out Adjustments. Ms. Robertson said that if necessary she would support additional funding for board-out costs. Mr. Totman stated his constituents support a jail expansion. He spoke of the financial burden that would be placed on families and the County to boardout prisoners (e.g. transportation and telephone costs), and said the project should not be delayed because it will burden future generations with the expense.
Ms. Blanchard stated she was not able to attend the previous meeting and therefore desired to make the following statement related to this issue:
"I would like to be able to support the resolution offered by Martha Robertson since it is exactly the course of action I suggested to a number of you last spring. At that time, I suggested abandoning the project and canceling the contract for further design work because I sensed that the collective will needed to bring this much-needed project to fruition was missing. My suspicions were corroborated several weeks ago when our Chairman noted in a discussion with me that, even if we went ahead now, it would be relatively easy this time next year to muster six votes to defeat the bond resolution needed to finance the actual construction. Unfortunately, I did not listen to my own internal warnings and was lulled into believing that we would actually do this project. The result was the investment of money and time spent throughout summer and fall on design fees, trips to Albany to negotiate with the Commission of Corrections and staff and committee time locally, all of which will be utterly wasted when this resolution passes tonight. As Public Safety Committee Chair, I accept responsibility for not being forceful enough in bringing the matter to a head sooner.
"You'll remember that two years ago we specifically described the project we wished to pursue as a 139-bed jail plus other improvements to the public safety building. We hired a nationally-prominent architectural/engineering firm - Jacobs Facilities - to develop the project for us and they have been forthright about the capital cost and associated fee structure from the beginning. The cost of moving forward at each stage has been a part of all presentations to the Public Safety Committee and included in materials that all of you received last summer. We worked with Jacobs for almost two years and, at several steps along the way, we had the opportunity to say "STOP - we're not going to pursue this any longer."
"Now, at the eleventh hour, after wasting both time and money, the decision that should have been made last Spring will be made tonight. Had we acted sooner, perhaps as much as $100,000 in design fees could have been saved, and -- more importantly -- a budget could have been developed that reflected the board out burden we're already facing this week with over 90 inmates in the custody of the Sheriff and 10 inmates in other facilities even though we still have the variances allowing us to exceed our current capacity by 30 inmates! The result is $318,000 down the drain to add to the over $200,000 spent several years ago on the first public safety building design study that went nowhere and some numbers thrown together at the last minute to represent the budget of one of our largest departments and the one that has the primary responsibility for the safety of our residents. Incidentally, I want someone to show me where we included the additional staffing for the Sheriff referenced in Saturday's Op-Ed piece to cover the impact of board out transport responsibilities on the road patrol. My recollection of our budget deliberations is that those of us who supported additions to the road patrol had to fight tooth and nail to get one deputy position added which does not begin to meet the staffing needs of the road patrol as identified by the Division of Criminal Justice Services. Martha brings this last minute resolution forward confident that at least eight of you will support it. I will not join you. I believe this is a bad decision that refuses to acknowledge our responsibility to the people who serve us in the Sheriff's department and the inmates whose care and safety we are responsible for. In addition, this action precludes any further productive discussions with the Commission of Corrections, discussions that held great promise for additional review of building configuration and staffing requirements.
"One last word before we vote. The biggest mistake the anti-jail lobby has made over the years is to promote a dynamic that pitted the needs of the community for adequate jail facilities against the benefits of other alternative programs. All have a part in the continuum of graduated sanctions that make up this system and it should have never been cast as an either or situation. I hope that all those who have urged that this project be abandoned including those of you here who support this resolution, immediately begin the planning and fund raising for the car pools, gasoline, day care costs and long distance phone expenses that the families and friends of our boarded-out residents will require. They will need your support in their isolation from friends and family."
Ms. Robertson thanked everyone who worked on the jail expansion project. She indicated that the 104-bed recommendation appeared to be the responsible choice and did not understand the Commission of Corrections indicating it was irresponsible. She expressed sorrow that Ms. Blanchard felt it had been a waste of time.
Mrs. McBean-Clairborne stated the importance of recognizing that opinions of speakers did not speak to the work of Tompkins County officers but rather the fact that the correctional system in general made individuals feel as though they were treated like animals. She emphasized that Tompkins County officers and staff completed their work professionally.
Mr. Penniman noted he believed Ms. Blanchard was being too hard on herself, he appreciated all the time taken to study the matter, and efforts involved. He stated uncertainty in this decision and feels that the ability to maintain the variances while studying the issue was valuable. Mr. Penniman said he believes postponing construction will allow a serious study of the population, issues, and use to determine the future needs.
Ms. Kiefer stated she was touched by public comments heard earlier in the meeting. She expressed concern for those presently in the jail and stated she is troubled by canceling the project without knowing the impact on those presently housed there. She further noted that the $20 million dollar figure included $13 million for jail construction and $7 million for the present facility. She noted that New York State Corrections will not let the County simply remodel/rehabilitate the present facilities. She felt if the amendment were to construct a 104-bed unit she could support it, but she can support taking out a big project.
Mr. Winch stated he does not support the amendment regarding the jail and does not like the message this will send to Albany. He said there is a need for the Commission of Correction to support decisions and they would have the final say. Mr. Winch believes the number of beds needed is less than 136 but is significantly more than present. He expressed appreciation for Ms. Blanchard's efforts regarding this project.
Mr. Lane said he has spoken to the issue at the prior meeting but wanted to state that to vote for the amendment will basically eliminate the jail expansion totally.
Mr. Proto clarified that the $20 million funds spoken of related to the jail are not existing funds that can simply be used elsewhere; they are proposed capital expenditures which would require bonding in future years. He expressed appreciation for legwork completed by Ms. Blanchard and noted his feeling of shame regarding the pitting of Alternatives to Incarceration programs and the jail. He made a formal request for a study by an independent contractor to evaluate Alternatives to Incarceration programs within the County in their entirety. This item was referred to the Public Safety Committee.
Ms. Robertson stated she would like to include jail information in the evaluation. She also indicated that the jail project could resume from its present point in the event it is necessary in the future.
Ms. Herrera said that she initially was against the project as she was concerned with the ultimate cost. She spoke of her family member having been incarcerated and not wanting to travel far away from home to visit, but she will do so if need be. She said as a minority, statistics indicate it is more likely her family members may be incarcerated than non-minority groups. She will vote for this amendment to stop the project.
It was MOVED by Mr. Todd, seconded by Mr. Booth to call the question. A voice vote resulted as follows: Ayes - 13; Noes - 2 (Legislators Joseph and Kiefer). MOTION CARRIED.
A roll call vote on the amendment resulted as follows: Ayes - 8 (Legislators Booth, Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, Penniman, Robertson, and Schuler); Noes - 7 (Legislators Blanchard, Kiefer, Lane, Proto, Todd, Totman, and Winch). AMENDMENT APPROVED.
Ms. Schuler stated that she feels that while the Alternatives to Incarceration study is important that a complete picture can only be obtained by determining whom and for what reason inmates are incarcerated.
WHEREAS, the Tompkins County Legislature will not proceed at this time
with construction of a new Public Safety Building Facility, and
WHEREAS, not constructing a new facility will result in the loss
of variances from the New York State Department of Corrections requiring
additional board out costs, and
WHEREAS, the Tompkins County Legislature allocated $250,000 for the
Public Safety Building Facility capital project planning in the 2005 budget,
now therefore be it
RESOLVED, That the 2005 capital program be reduced by $250,000,
RESOLVED, further, That the Contingent Fund be increased by $400,000
and the Sheriff, on a monthly basis, will request reimbursement for jail
board out expenses, including transportation costs,
RESOLVED, further, That this amendment neither increases nor decreases
the 2005 property tax levy or tax rate increase,
RESOLVED, further, That this action amends the anticipated capital
expenditure in 2006 for the Public Safety Building Facility from $1,603,556
to zero (calculated at $310,574 = 1 percent of 2005 tax levy; $1,603,556
equals 5.16 percent).
AMENDMENT TO 2005 TENTATIVE BUDGET – PROBATION ROLLOVER
It was MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne,
to approve the following amendment to the 2005 tentative budget.
A voice vote resulted as follows: Ayes - 9 (Legislators Blanchard,
Booth, Lane, McBean-Clairborne, Penniman, Proto, Todd, Totman, and Winch);
Noes - 6 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, Robertson,
and Schuler). AMENDMENT APPROVED.
RESOLVED, That there be a give-back in certified rollover funds of
$30,000 from the Probation Department,
RESOLVED, further, That this amendment neither increases nor decreases
the 2005 property tax levy or tax rate.
SEQR ACTION: TYPE II-20
AMENDMENT TO 2005 TENTATIVE BUDGET – TOMPKINS CONSOLIDATED AREA TRANSIT TARGET ADJUSTMENT
It was MOVED by Ms. Herrera, seconded by Mr. Proto, to approve the following amendment to the 2005 tentative budget. A voice vote resulted as follows: Ayes - 13; Noes - 2 (Legislators Kiefer and Winch. AMENDMENT APPROVED.
WHEREAS, Tompkins Consolidated Area Transit (TCAT) requires an additional
$300,000 in funding due to the transition to a not-for-profit organization,
and
WHEREAS, the Tompkins County Legislature and TCAT estimate this
cost to be approximately $100,000 for each partner, now therefore be it
RESOLVED, That TCAT’s target be increased by $100,000,
RESOLVED, further, That this action results in an increase in the proposed
property tax rate of $.022 per thousand, a .33 percent increase in the
proposed property tax levy increase from 6.27 percent to 6.59 percent,
and a .029 percent decrease in the proposed property tax rate decrease
from 4.19 percent to 3.90 percent.
SEQR ACTION: TYPE II-20
AMENDMENT TO 2005 TENTATIVE BUDGET – HIGHWAY TARGET ADJUSTMENT
It was MOVED by Ms. Robertson, seconded by Ms. Herrera. A voice vote resulted as follows: Ayes - 5 (Legislators Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, and Robertson); Noes - 10. AMENDMENT FAILED.
RESOLVED, That the Highway Department’s target be reduced by $100,000
in the highway materials budget line,
RESOLVED, further, That this action results in a decrease in the proposed
property tax rate of $.022 per thousand, a .33 percent decrease in the
proposed property tax levy increase from 6.27 percent to 5.94 percent,
and a .029 percent increase in the proposed property tax rate decrease
from 4.19 percent to 4.48 percent.
SEQR ACTION: TYPE II-21
Chair Joseph called a recess at 7:47 p.m. Regular session resumed at 8:02 p.m.
CONTINUATION OF RESOLUTION NO. 243 - ADOPTION OF 2005 TOMPKINS COUNTY BUDGET AND 2005-2009 TOMPKINS COUNTY CAPITAL PROGRAM
A roll call vote on the resolution as amended resulted as follows: Ayes - 8 (Legislators Blanchard, Booth, Kiefer, Joseph, Koplinka-Loehr, Penniman, Robertson, and Schuler); Noes - 7 (Legislators Herrera, Lane, McBean-Clairborne, Proto, Todd, Totman, and Winch). RESOLUTION ADOPTED.
WHEREAS, the tentative Budget for the year 2005 and the proposed
2005-2009 Capital Program have been presented to the Legislature by the
Budget Officer on September 2, 2004, and a revised tentative budget for
the year 2005 and the proposed 2005 - 2009 Capital Program was adopted
by the Legislature for public review on October 19, 2004, and a public
hearing was held on November 9, 2004, and all persons desiring to be heard
concerning same have been heard, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That pursuant to Section 5.07 of the County Charter, the said proposed
budget as amended is adopted, subject to the correction of manifest errors
by the Clerk of the Legislature and the Budget Officer, as the budget of
Tompkins County for the year 2005,
RESOLVED, further, That pursuant to Sections 5.03, 5.04, and
5.05 of the County Charter, the several amounts specified in such budget
opposite each item of expenditure set forth in the column adopted are appropriated
for the objects and purposes specified, effective January 1, 2005,
RESOLVED, further, That the sum of $33,103,560 required to meet
expenses and costs of county government in Tompkins County for the fiscal
year 2005 as set forth in the budget be assessed against, levied upon,
and collected from the taxable property of the nine towns and the city
liable therefore,
RESOLVED, further, That pursuant to Section 5.07 of the County
Charter, the said proposed capital program as amended is adopted, subject
to the correction of manifest errors by the Clerk of the Legislature and
Budget Officer, as the capital program of Tompkins County for the years
2005-2009.
SEQR ACTION: TYPE II-21
Presentation – Tompkins County Comprehensive Plan
Mr. Marx, Planning Commissioner, provided the Legislature with a Powerpoint presentation highlighting the Tompkins County Comprehensive Plan. Topics reviewed included the following:
· Regional Cooperation
o Cooperatively address regional issues
o Town, village, city, county, state, and federal collaboration
o Public-private partnerships
· Housing
o Improved housing supply
o Diversity and variety of housing options
o Greater affordability
· Transportation
o New housing closer to jobs and services
o Enhanced public transit, pedestrian paths
o Improved road network
· Jobs and Business
o Support for entrepreneurs
o Education and training opportunities
o Regional cultural center
· Rural Resources
o Thriving rural communities
o Forest and agricultural lands conserved and managed
o Increased diversity in agriculture sector
· Water Resources
o A clean Cayuga Lake
o Vibrant Urban Waterfront
o Plentiful and clean surface and ground water
· Natural Features
o Outstanding natural features protected
o Public access to natural wonders improved
· Strong Communities
o Livable neighborhoods, vibrant commercial districts, thriving employment
centers
o Trail system links parks and centers of development
o Historic elements maintain their integrity
· Centers of Development
o Growth concentrated around existing centers
o Most new development built at increased density
o Streetscapes promote neighborly interaction
· Efficient Use of Public Funds
o Cost of public services stabilized
o Efficient responsive government
Following the presentation Mr. Marx informed the Legislature that a resolution will be forthcoming for acceptance of the Tompkins County Comprehensive Plan at the next meeting.
Ms. Herrera said she watched the way the Planning Department has worked with the Comprehensive Plan and was awed and amazed at the efforts. She appreciates all the hard work that went into the Plan's development and has great hopes for it in the future.
Mr. Proto inquired whether concerns noted during the public hearing would be considered and if there was a process for amending the plan. Mr. Marx replied that they will review all comments and make recommendations for appropriate changes. He believed that the focus will be on clarifying information contained within the plan rather than addressing new issues at this time. Mr. Marx also stated that a great deal of positive feedback was received about the Plan and he would rather not change too much of it as it would again require a review.
Mr. Totman spoke of his familiarity with planning processes and said that New York State was one of a very few states with Home Rule. He stated he agreed that it should be viewed as a vision statement; he feels individual municipalities must make their own determinations when planning. Mr. Marx clarified that the Plan is a framework for working together, not a document that would dictate or require specific performance. He also noted that State law provides for regional planning and therefore the Plan is compliant and plays an appropriate role of broad-reaching solutions to work on. Mr. Marx said the County will work with municipalities and bring in resources to assist with local municipal plans.
Ms. Robertson noted the Plan was a well made document. She spoke of the municipal planning coalition. It was noted that representatives from each municipality have been involved and able to discuss issues on a regular basis. Additionally, the plan was reviewed by all interested parties during every step of the process. Mr. Marx noted the Plan will be amended as needed and reviewed every five years.
Ms. Kiefer said that if text relating to appropriate State laws is not within the document she would recommend inclusion.
Chair’s Report and Appointment(s)
Mr. Joseph, Chair, did not have a report.
Appointment(s)
Mr. Joseph announced appointment(s) would be made later in the meeting:
Report from the County Administrator
Mr. Whicher reported the Commissioner of Mental Health position search continues. At this time there are three finalists for the position and it is expected to hold final interviews January 14, 2005, with a presentation to the Legislature on January 18. Mr. Whicher also informed the Legislature the search for a Highway Manager has been initiated. In addition, a great deal of work regarding the Highway Department and a diversified workforce has taken place with Ms. Moore of the Human Rights Commission. It was reported there is a work environment assessment report that will take place in January.
Report from the County Attorney
Mr. Wood had no report.
Report from the Finance Director
Mr. Squires had no report.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the Agenda
Chair Joseph gave the appropriate committee chair permission to withdraw the following resolutions from the agenda:
· Amendment to 2005 Tentative Budget - Tompkins Consolidated
Area Transit Target Adjustment
· Amendment to 2005 Tentative Budget - Probation Rollover
· Amendment to 2005 Tentative Budget - 2005 Capital Program
and Jail - Board Out Adjustments
· Amendment to 2005 Tentative Budget - Highway Target Adjustment
· Appropriation from Contingent Fund - Tompkins Consolidated
Area Transit (TCAT)
Approval of Resolution(s) Under the Consent Agenda
RESOLUTION NO. 244 - APPROVING COMPLETED TAX ROLLS AND DIRECTING THE EXECUTING AND DELIVERY OF WARRANTS
MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda.
WHEREAS, it is necessary annually to provide for property tax
collection in Tompkins County to meet expenses and the cost of county governments
in Tompkins County that upon the tax rolls of the several towns and City,
the several taxes will be extended, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That the tax rolls be approved as completed and that there shall be extended
and carried out upon the roll the amount to be levied against each parcel
of real property shown thereon,
RESOLVED, further, That there be annexed to each of said rolls
a tax warrant prepared by the Director of Assessment as provided for in
Section 4.00(b) of the Tompkins County Charter, that such warrants shall
be the respective amounts theretofore authorized to be levied upon each
of said rolls, that the several warrants be signed by the Chair and the
Clerk of the Legislature under seal of the Legislature and by the Director
of Assessment, that said rolls with said warrants annexed are to be forthwith
delivered to the respective collectors of the several districts of the
County.
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RESOLUTION NO. 245 - PRINTING OF TAX RATES
MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda.
RESOLVED, on recommendation of the Budget and Capital Committee,
That after the tax rates are ascertained for the various towns and the
City of Ithaca, the Clerk shall print such rates in the 2004 Proceedings
of the Legislature following budgets of the several towns and City.
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RESOLUTION NO. 246 - TOWN BUDGETS
MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda.
RESOLVED, on recommendation of the Budget and Capital Committee,
That in accordance with the laws of the State of New York and with budgets
adopted by the several town boards of the County of Tompkins now on file
with the Clerk of the Legislature there be levied upon and collected from
the taxable property of the several towns of the County and the City of
Ithaca the sums contained in those budgets,
RESOLVED, further, That said summaries of the budgets of the
several towns of the County and the City of Ithaca be printed in the 2004
Proceedings of the Tompkins County Legislature.
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RESOLUTION NO. 247 - AUTHORIZING PAYMENTS FOR COMMUNITY COLLEGE OPERATING BUDGET
MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda.
WHEREAS, this Legislature has heretofore and by resolution approved
the 2004-2005 operating budget for the Tompkins Cortland Community College
and appropriated the necessary funds to pay the Tompkins County proportionate
share of the operating budget of said college, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That the County Administrator be and he hereby is authorized and directed,
pursuant to the provisions of the Education Law of the State of New York
and within the authorization provided by this Legislature, to pay Tompkins
Cortland Community College an amount up to but not to exceed the Tompkins
County budgeted share of the operating costs of said college for the fiscal
year 2004-2005 on the following dates in the following amounts:
January 1, 2005 $ 531,894
March 1, 2005 531,894
May 1, 2005 531,894
July 1, 2005 531,894
Total $2,127,192
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RESOLUTION NO. 248 - AUTHORIZATION FOR DIRECTOR OF FINANCE TO MAKE YEAR-END TRANSFERS, APPROPRIATIONS AND BUDGET ADJUSTMENTS AS REQUIRED
MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda.
RESOLVED, on recommendation of the Budget and Capital Committee,
That during 2005 the County Finance Director be and he hereby is authorized
and directed to make year-end transfers, appropriations, and budget adjustments
required to clear credit balances from the books at year-end,
RESOLVED, further, That any such additional entries made by the
County Finance Director shall be reported back to the Tompkins County Legislature.
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RESOLUTION NO. 249 - AUTHORIZATION TO SIGN DRAFTS - COUNTY ADMINISTRATOR
MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda.
RESOLVED, on recommendation of the Budget and Capital Committee,
That during 2005 the County Administrator be and he hereby is authorized
to sign all drafts of the County of Tompkins and to delegate this authority
to the Deputy County Administrator.
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RESOLUTION NO. 250 - WORKER’S COMPENSATION BUDGET AND APPORTIONMENT - MUTUAL SELF-INSURANCE PLAN
MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda.
WHEREAS, the Budget and Capital Committee estimates that the sum
of $2,000 will be required during the year 2005 for the payment of compensation
in old and pending cases on behalf of the County and participating municipalities
under the Mutual Self-Insurance Plan and for the expenses of administering
same, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That there be raised from the County and participating municipalities in
2005 the total sum of $2,000 the same to be apportioned to the County and
the participating municipalities in the proportion that their equalized
valuation bears to the aggregate valuation of the County and all participating
municipal corporations as follows:
Municipality Assessed Full Value Apportionment
Caroline 126,067,010 $ 27.41
Danby 159,930,551 $ 34.84
Dryden 523,667,395 $ 115.36
Enfield 124,929,715 $ 25.50
Groton 121,427,633 $ 26.16
Ithaca (Town) 639,154,814 $ 130.34
Lansing 961,878,140 $ 213.09
Newfield 181,788,028 $ 39.35
Ulysses 217,829,352 $ 62.19
Ithaca (City)
1,024,420,073 $ 222.73
Dryden (Village) 75,736,206 $ 16.51
Freeville (Village) 16,293,928 $
3.55
Groton (Village) 61,564,227 $ 13.60
Cayuga Heights (Village) 300,400,564 $ 69.37
County of Tompkins
4,612,905,463 $1,000.00
Total
9,147,993,099 $2,000.00
SEQR ACTION: TYPE II-20
RESOLUTION NO. 251 - DELEGATING TO THE FINANCE DIRECTOR OF THE COUNTY OF TOMPKINS, NEW YORK, THE POWER TO AUTHORIZE THE ISSUANCE OF AND TO SELL $6,000,000 REVENUE ANTICIPATION NOTES OF SAID COUNTY IN ANTICIPATION OF RECEIPT OF STATE AID DURING THE FISCAL YEAR OF SAID COUNTY COMMENCING JANUARY 1, 2005
MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda.
WHEREAS, it is prudent to allow for the possible issuance of revenue
anticipation notes should there be a cash flow problem resulting from delays
in State Aid during 2005, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
by the Legislature of the County of Tompkins, New York as follows:
Section 1. The power to authorize the issuance and to sell
$6,000,000 revenue anticipation notes of the County of Tompkins, New York,
including renewals thereof, in anticipation of the receipt of State Aid
due said County during the fiscal year of said County commencing January
1, 2005, is hereby delegated to the Finance Director, the chief fiscal
officer of such County. Such notes shall be of such terms, for and
contents, and shall be sold in such manner as may be determined by the
Finance Director, consistent with the provisions of the Local Finance Law.
Section 2. This resolution shall take effect immediately.
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RESOLUTION NO. 252 - AUTHORIZATION TO LOAN MONIES TO ITHACA PRODUCE, INC. FROM THE ECONOMIC DEVELOPMENT REVOLVING LOAN FUND
MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda.
WHEREAS, the Tompkins County Economic Development Revolving Loan
Fund provides loans to businesses at below-market interest rates to facilitate
project implementation, and
WHEREAS, these loans are made using repaid United States Department
of Housing and Urban Development Small Cities Community Development Block
Grant funds which are targeted for economic development activities to benefit
low- and moderate-income persons, and
WHEREAS, the Tompkins County Economic Development Revolving Loan
Fund Oversight Committee reviewed a full application for funding assistance
for the Ithaca Produce New Warehouse Construction Project in the Town of
Dryden, and
WHEREAS, the Oversight Committee has fully assessed the ability of
Ithaca Produce to make timely payments on monies loaned from the Revolving
Loan Fund, and
WHEREAS, the Oversight Committee has recommended that Economic Development
Revolving Loan Funds be used for equipment acquisition related to the Ithaca
Produce New Warehouse Construction Project, and
WHEREAS, the project will enhance the local economy by providing
jobs and expanding goods and services, and
WHEREAS, enhancement of the local economy is supported by the
Interim Vital Communities Development and Preservation Principles, and
WHEREAS, the Town of Dryden made a negative determination of
environmental significance and granted a building permit in relation to
the proposed project, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and
Environmental Quality Committee, That the County is hereby authorized to
sign a Loan and Development Agreement with Ithaca Produce, Inc.,
RESOLVED, further, That the County Administrator be authorized to sign
all documents related to this loan, and that the County Finance Director
be authorized to adjust the budget in the following manner:
REVENUE: 8693.44700 Repaid Econ. Dev. Loans $160,000
APPROPRIATION: 8693.54400 Program Expense $160,000
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Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote to approve the following appointment(s) under the Consent Agenda:
Traffic Safety Board
Terms expire December 31, 2007
Maria Coles - City of Ithaca representative
Fernando de Aragon - Metropolitan Planning Organization representative
Criminal Justice Advisory/Alternatives to Incarceration Board
Terms expire December 31, 2007
Judith Saul - Representative of an Agency Providing Mediation Services
to the Court
Gwen Wilkison - DSS representative
Peter Meskill - Sheriff representative
Susan Cook - County Attorney's Office representative
Linda Riley - Mental Health representative
Nell Mondy - Crime Victim representative
Emergency Communications Review and Oversight Committee
Term expires December 31, 2005
Lin Hurd - Dispatch Director representative
Terms expires December 31, 2007
George Taber - Cornell Public Safety representative
Edward Abruzzo - New York State Police representative
Ronald B. Clark - Ithaca College Campus Safety representative
Leslie P. Gifford III - Volunteer Rescue/ East side of the County representative
Advisory Board on Indigent Representation
Kelly A. Damm - term expires December 31, 2007
Family Court Advisory Council
Terms expire December 31, 2007
Diane B. Withiam - At-large representative
Marie Lucile Mauboussin - School representative
Patricia M. Karr - Segal - Family and Children's representative
STOP-DWI Advisory Board
Terms expires December 31, 2007
Peter Meskill - Sheriff representative
Stu Bergman - Mental Health Substance Abuse Subcommittee representative
Report, Presentation of Resolution(s), and Appointment(a) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported most of the work of the Committee was reflected within resolutions presented for consideration. In addition, he reported the Committee reviewed the 2003 audit report, noting it included information on the GASBY adaptation. The audit was indicated favorable.
RESOLUTION NO. 253 – ADDENDUM TO RESOLUTION NO. 74 OF 2002 – IMPLEMENTING ADMINISTRATIVE GUIDELINES RELATING TO TRANSFER OF MONIES TO AND FROM PERSONNEL LINES
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Mr. Joseph stated he opposes the resolution as he feels it is the Department Head's choice to move funds as they see fit. A voice vote on the resolution resulted as follows: Ayes - 10; Noes - 5 (Legislators Blanchard, Joseph, Schuler, Todd, and Totman). RESOLUTION ADOPTED.
WHEREAS, Resolution No. 74 of 2002 implemented budget restrictions
and administrative guidelines for 2002 and created the Fiscal Management
Committee, and
WHEREAS, Resolution No. 74 put in place a requirement that departments
transferring monies to and from Personnel lines during the year 2002 would
be subject to review and approval by both the Finance Director and County
Administrator, and
WHEREAS, the Finance Director has recommended that the practice
of reviewing these transfer requests continue, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That transfers of monies to and from Personnel lines shall be subject
to review and approval by both the Finance Director and County Administrator
through December 31, 2005,
RESOLVED, further, That the Budget and Capital Committee shall
review the Fiscal Policy prior to December 31, 2005 along with department
head input, and will determine if this practice shall continue beyond 2005.
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Recommendation for Appointment to TCAT, Inc. Board of Directors
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, to recommend the following individuals for appointment as Tompkins County Representatives on the TCAT, Inc. Board of Directors:
Richard Booth
Kathy Luz Herrera
Frank P. Proto
Mr. Booth stated he understood why he was being recommended for the appointment, however, indicated he has not completely determined to accept this position and will notify the appropriate individuals in the future.
A voice vote on the appointment(s) resulted as follows: Ayes - 15; Noes - 0. APPOINTMENTS APPROVED.
Mr. Proto stated that Ms. Blanchard was stepping down after fifteen years of service to Tompkins Consolidated Area Transit and was owed a vote of thanks for all the countless hours spent to assist in developing the transportation system. Ms. Blanchard thanked him and replied that she thoroughly enjoyed the work.
Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Lane, Chairman, reported the Committee met on November 18th and received a report from Mr. Squires, Finance Director, that there were 100 properties receiving foreclosure notices; these properties are anticipated to be redeemed quickly. Mr. Lane then spoke of a report from Mr. Wood who provided information about the possibility of joining other Counties in a lawsuit against pharmacy companies relating to alleged fraud regarding Medicaid claims. Several law firms are attempting to solicit the County in this legal matter. Mr. Wood will further investigate the matter and report back. Mr. Lane spoke of the Committee discussing the salary schedule for the next Legislature that will be elected in 2005; a resolution will be coming forward following a split vote at Committee. The other work that was completed by the Committee is reflected in resolutions presented this evening and the next Legislative meeting.
RESOLUTION NO. 254 - DATE OF ORGANIZATION MEETING
MOVED by Mr. Lane, seconded by Ms. Schuler, and unanimously adopted by voice vote.
RESOLVED, on recommendation of the Government Operations Committee,
That in accordance with Section 151 of County Law, the organization meeting
of the Tompkins County Legislature shall be held in the Legislative Chambers
of the Tompkins County Courthouse, Ithaca, New York on Tuesday, January
4, 2005, at 5:30 o’clock in the evening thereof.
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Report from the Communications Capital Projects Committee
Mr. Penniman, Chairman, reported the Committee will meet jointly with the Public Safety Committee on December 2nd at the Department of Emergency Response, receiving a demonstration of the mobile data radio systems that presently are in public safety vehicles. It was noted that the new communications system should provide some improvement, however it will be impossible to fully determine what will be required to optimize the system until it is complete. Following the joint meeting the Committee met and discussed the proposed move of New York State Department of Transportation to the Dryden area. At this time the project is progressing slowly and a determination of the parties level of participation is taking place. In response to a question it was reported that at this time the cut-over of services from the downtown location to the new facility is planned for Thursday, December 9, 2004.
A brief discussion occurred regarding transfer of responsibility of this project to the Emergency Response Director. It was noted that it would not occur until it was no longer a capital project. An explanation was provided that at this time negotiations are still occurring on site locations, as well as discussions relative to the State Wide Network. Mr. Whicher indicated the project requires deliberate steps and will be proceeding slowly to assure the best system possible. Upon finalization of potential tower locations being received the information, including deviations, will be forwarded for an analysis. It was noted that deviation from present locations could result in delays due to signal analysis requirements.
Report from the Space Needs and Location Committee
Mr. Proto, Chairman, reported the Committee will meet on December 8th.
Report from the Health and Human Services Committee
Ms. Robertson, Chair, reported the Committee will meet on December 8th. The last meeting was November 10th, when the Committee received a comprehensive update from Nancy Zahler, Director of Youth Services, on the Department’s work with town officials. They talked at length about the prescription card program, noting the Ithaca Times article was incorrect, the program is on schedule, with an anticipated date of January for a test of the cards. She noted Ms. Carey, Department of Social Services Commissioner, stated the State is shifting more responsibility for payments to the Medicaid program. In addition, it was reported that the number of youths in detention facilities has decreased to 3 [and from 20 days to 9].
Report from the Public Safety Committee
Ms. Blanchard, Chair, reported the Committee met on December 2nd and as reported previously, the latter half of the meeting was a joint meeting the Communications Capital Projects Committee. She said the first portion of the meeting was spent speaking with Judge Sherman and Ms. Robinson regarding the Domestic Violence Court Integration Program. Ms. Robinson would be providing an informational brochure to members of the Legislature about this program that consolidates all legal systems that an individual family may be dealing with into one location. Ms. Blanchard noted that although it took time to work out logistical difficulties the program is now working. With regard to the joint meeting when a demonstration was provided on the mobile data radio equipment, Ms. Blanchard said that this component has not had adequate attention given to it previously and that it was worthwhile to see the operational needs.
Withdrawal of Resolution(s) from the Agenda
Following a brief discussion related to questions on the contracted amounts, Chair Joseph gave permission to withdraw the following resolution entitled "Authorization to Execute a Five-Year Agreement with the Unified Court System for the Provision of Court Security Services at the Main Courthouse" from the agenda.
Report from the Facilities and Infrastructure Committee
Mr. Booth, Chairman, reported the Committee will meet on December 14th. At the November 23rd meeting the Committee heard about two items from the Solid Waste Division: (1) Solid Waste is presently reviewing information to determine if it is possible to utilize returnable cans as a source of revenue, and (2) Solid Waste is studying the possibility of obtaining food wastes to create composting operations on dairy farms that could benefit those farms as an additional revenue source in the future. He then reported the main topic of discussion related to the Air Service Task Force's (ASTF) extensive analysis and recommendations related to the Ithaca Tompkins Regional Airport; a presentation will be made to the full Legislature in the near future. Members will receive a copy of the Powerpoint presentation slides seen by the Committee. He noted an executive session was held related to the ASTF's work and members may discuss that portion with him.
Report from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, reported the Committee met on December 1st. Items discussed included the need for more space at the Tompkins County Chamber of Commerce and the Environmental Management Council's resolution requesting an amendment to the sanitary code that would prohibit all open burning, and an update and presentation from Sharon Anderson, of the Cayuga Lake Watershed Network steward. It was noted there are many viewpoints relating to the open burning issue.
Report and Presentation of Resolution(s) from the Consumer and Community Affairs Committee
Ms. Kiefer, Chair, reported the Committee met on December 2nd and heard from Bo Lipari on voting equipment options, including optical scan. She noted the Committee has asked to meet again the first week in January to complete tasks worked on during the year.
RESOLUTION NO. 255 - FURTHER ADDRESSING THE PRESERVATION OF CIVIL LIBERTIES AND CIVIL RIGHTS OF ALL INDIVIDUALS LIVING IN TOMPKINS COUNTY, IN RESPONSE TO THE "USA PATRIOT ACT"
It was MOVED by Ms. Kiefer, seconded by Mrs. McBean-Clairborne. Ms. Kiefer stated the September resolution was directed to Congress, and this resolution addresses local education and monitoring of matters related to the USA Patriot Act.
It was MOVED by Ms. Blanchard, seconded by Mr. Penniman to delete the following WHEREAS:
"WHEREAS, Alberto Gonzales, White House Counsel and former Texas
Supreme Court Judge, has been nominated to be the new United States Attorney
General and Head of the Justice Department, and
WHEREAS, Mr. Gonzales' actions as White House Counsel provide reasons
for continuing concern, namely Mr. Gonzales:
· signed off on a January 2, 2002, legal memorandum supporting
the notion that the Geneva Convention's guidelines for treatment of prisoners
are "quaint" and no longer relevant,
· had his office play a role in an August 2002 Justice Department
memo advising that torturing alleged terrorists in captivity abroad "may
be justified", and that International Laws against torture "may be unconstitutional
if applied to terrorism", and
· revealed disdain for International Law through his readiness
to construct "legal" bases for expanding Presidential powers to allow indefinite
incarceration of citizens designated by the President as "enemy combatants",
without access to counsel or meaningful recourse to the Federal courts,
a position rejected by the United States Supreme Court in January 2004,
Ms. Kiefer felt they were necessary to indicate why there is a continuing concern. A voice vote on the amendment resulted as follows: Ayes - 9 (Legislators Blanchard, Booth, Koplinka-Loehr, Lane, Penniman, Proto, Todd, Totman, and Winch); Noes - 6 (Legislators Herrera, Joseph, Kiefer, McBean-Clairborne, and Robertson). AMENDMENT APPROVED.
It was MOVED by Mr. Booth, seconded by Mr. Lane to amend the original
resolution to delete the first RESOLVED:
"RESOLVED, on recommendation of the Consumer and Community Affairs Committee, That the Tompkins County Legislature:
· 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."
· 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."
Ms. Robertson felt it should be left in as it states the need to provide an educational role. A voice vote on the amendment resulted as follows: Ayes - 9 (Legislators Blanchard, Booth, Joseph, Lane, Penniman, Proto, Todd, Totman, and Winch); Noes - 6 (Legislators Herrera, Kiefer, Koplinka-Loehr, McBean-Clairborne, Robertson, and Schuler). AMENDMENT APPROVED.
With regard to the original motion, Mr. Todd stated he felt the government was correct to put the USA Patriot Act into place to help protect citizens. Ms. Kiefer said it is both sad and embarrassing that the full resolution was not acceptable to the Legislature as a whole. Mr. Totman said he agreed with Mr. Todd, now that something is in place people are not agreeing with its content. Mrs. McBean-Clairborne expressed her disappointment and stated that while a form of protection needs to be in place for the country that some problems exist due to the racial profiling the USA Patriot Act provides for. She stated she was supportive of the resolution as originally presented, but cannot support this watered-down version. Ms. Herrera supports the resolution and pointed out that the fourth and fifth amendments of the Bill of Rights are trampled by it, people need to be educated that their rights are being eroded. Mr. Booth stated that the USA Patriot Act cannot take away an individual's Constitutional rights.
A voice vote on the resolution as amended resulted as follows: Ayes - 10; Noes - 5 (Legislators McBean-Clairborne, Proto, Todd, Totman, and Winch). RESOLUTION APPROVED.
WHEREAS, the implementation of the USA Patriot Act is having a direct
effect upon residents of Tompkins County as illustrated in public statements
to the Tompkins County Legislature, and there is continuing concern about
the damage being done to America's long tradition of civil rights and civil
liberties, and
WHEREAS, Resolution No. 180 dated September 7, 2004, summarized the
County's existing concern with the USA Patriot Act, affirmed its strong
commitment to the protection of the civil rights and civil liberties of
all persons in Tompkins County, and called upon Congress to assess the
impact of the Act and to delay any passage of "Patriot II", and
WHEREAS, in addition to advocacy at the Federal level the Tompkins
County Legislature on behalf of all county residents can also educate persons
and monitor effects locally, and
WHEREAS, residents of Tompkins County may not be aware of intrusions
on their privacy and other restrictions of civil liberties that are permitted
under the USA Patriot Act, now therefore be it
RESOLVED, on recommendation of the Consumer and Community Affairs Committee,
That the Chair of the Tompkins County Legislature on behalf of the Legislature
shall seek no later than December 15, 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;
and shall annually seek and 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.
SEQR ACTION: TYPE II-20
Approval of the Minutes of November 9, 2004 Public Hearing
It was MOVED by Ms. Schuler, seconded by Mr. Booth, and unanimously adopted b voice vote, to approve the minutes of the November 9, 2004, Public Hearing.
Adjournment
On motion the meeting adjourned at 9:12 p.m.
Respectfully submitted by Karen Fuller, TC Legislature Office
Tompkins
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